I-3 - Taxation Act

Updated to 27 October 2010

This document has official status.

chapter I-3

Taxation Act

PART I INCOME TAX

BOOK I INTERPRETATION AND RULES OF GENERAL APPLICATION

TITLE I INTERPRETATION

1972, c. 23.

1. In this Part and in the regulations, unless the context indicates a different meaning, the expression:

“Act establishing a labour-sponsored fund” means

(a)  the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2); or

(b)  the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1);

“additional voluntary contribution” to a registered pension plan means a contribution that is made by a member to the plan, that is used to provide benefits under a money purchase provision, within the meaning of section 965.0.1, of the plan and that is not required as a general condition of membership in the plan;

“adjusted cost base” has the meaning assigned by Chapter III of Title IV of Book III;

“adjustment time” has the meaning assigned by section 107.1;

“advocate” means an advocate or a notary and, in another Canadian province, a barrister or a solicitor;

“allowable business investment loss” has the meaning given to it by section 231;

“allowable capital loss” has the meaning assigned by section 231;

“alter ego trust” has the meaning assigned by section 652.1;

“amateur athlete trust” has the meaning assigned by subparagraph a of the second paragraph of section 851.34;

“amortized cost” of a loan or lending asset has the meaning assigned by sections 21.26 and 21.27;

“amount” means money, rights or things expressed in terms of an amount of money or their value in terms of money, except that

(a)  in any case where section 187.2 or 187.3 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) or any of sections 21.4.3, 21.10, 21.10.1, 740.1 to 740.3.1 and 740.5 applies to a stock dividend, the amount of the stock dividend is equal to the greater of

i.  the amount by which the paid-up capital of the corporation that paid the dividend is increased by reason of the payment of the dividend, and

ii.  the fair market value of the share or shares paid as a stock dividend at the time of payment;

(b)  in any other case, the amount of any stock dividend is equal to the amount by which the paid-up capital of the corporation that paid the dividend is increased by reason of the payment of the dividend;

“annuity” includes an amount payable on a periodic basis whether payable at intervals longer or shorter than a year, under a contract, will, trust or otherwise;

“assessment” includes a reassessment and an additional assessment;

“aunt” of a taxpayer includes the spouse of the taxpayer’s uncle;

“authorized foreign bank” has the meaning assigned by section 2 of the Bank Act (S.C. 1991, c. 46);

“automobile” means a motor vehicle that is designed or adapted primarily to carry individuals on highways and streets and that has a seating capacity for not more than the driver and 8 passengers, but does not include

(a)  an ambulance,

(a.1)  a clearly marked emergency medical response vehicle that is used, in connection with or in the course of an individual’s office or employment with an emergency medical response or ambulance service, to carry emergency medical equipment together with one or more emergency medical attendants or paramedics,

(b)  a motor vehicle acquired or leased primarily for use as a taxi, a bus used in a business of transporting passengers or a hearse used in the course of a business of arranging or managing funerals,

(c)  except for the purposes of sections 36 to 47.17, a motor vehicle acquired or leased to be sold or leased in the course of carrying on a business of selling or leasing motor vehicles or a motor vehicle used for the purpose of transporting passengers in the course of carrying on a business of arranging or managing funerals, and

(d)  a motor vehicle

i.  of a type commonly called a van or pick-up truck or a similar vehicle

(1)  that has a seating capacity for not more than the driver and two passengers and that, in the taxation year in which it is acquired or leased, is used primarily for the transportation of goods or equipment in the course of gaining or producing income, or

(2)  the use of which, in the taxation year in which it is acquired or leased, is all or substantially all for the transportation of goods, equipment or passengers in the course of gaining or producing income, or

ii.  of a type commonly called a pick-up truck that, in the taxation year in which it is acquired or leased, is used primarily for the transportation of goods, equipment or passengers in the course of gaining or producing income at one or more locations in Canada that are

(1)  described in subparagraph i or ii of paragraph a of section 42, in respect of any of the occupants of the vehicle, and

(2)  at least 30 km outside the nearest point on the boundary of the nearest urban area, as defined by the last census dictionary published by Statistics Canada before the year, that has a population of at least 40,000 individuals as determined in the last census published by Statistics Canada before the year;

“balance-due day” of a taxpayer for a taxation year means

(a)  where the taxpayer is a corporation, the last day of the two-month period ending after the end of the year;

(b)  where the taxpayer is a trust, the day that is 90 days after the end of the year;

(c)  where the taxpayer is a person who died in the year, or after the end of the year but on or before 30 April in the following calendar year, the later of 30 April in that calendar year and the day that is six months after the day of death;

(d)  in the case of any other person, 30 April in the following calendar year;

“bank” means a bank within the meaning of section 2 of the Bank Act or an authorized foreign bank;

“bankrupt” has the meaning assigned by the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

“bankruptcy” has the meaning assigned by the Bankruptcy and Insolvency Act;

“benefit under a deferred profit sharing plan” received by a taxpayer in a taxation year means the total of all the amounts received by the taxpayer in the year from a trustee under the plan, minus any amounts deductible under sections 883 and 884 in computing the taxpayer’s income for the year;

“bituminous sands” means sands or other rock materials containing naturally occurring hydrocarbons, other than coal, which hydrocarbons have

(a)  a viscosity, determined in a prescribed manner, equal to or greater than 10,000 centipoise; or

(b)  a density, determined in a prescribed manner, equal to or less than 12 degrees API;

“borrowed money” includes the proceeds to a taxpayer from the sale of a post-dated bill drawn by the taxpayer on a bank;

“brother” of a taxpayer includes the brother of the taxpayer’s spouse and the spouse of the taxpayer’s sister;

“business” includes a profession, calling, trade, manufacture or undertaking of any kind whatsoever and, except for the purposes of subparagraph a of the first paragraph of section 164, section 250.4 and subparagraph i of the second paragraph of section 726.6.1, an adventure or concern in the nature of trade but does not include an office or employment;

“Canada” includes

(a)  the sea bed and subsoil of the submarine areas adjacent to the coasts of Canada in respect of which the Government of Canada or of a province grants a right, licence or privilege to explore for, drill for or take any minerals, petroleum, natural gas or any related hydrocarbons; and

(b)  the seas and airspace above the submarine areas referred to in paragraph a in respect of any activities carried on in connection with the exploration for or exploitation of any resource referred to in that paragraph;

“Canadian banking business” means the business carried on by an authorized foreign bank through an establishment in Canada, other than business conducted through a representative office registered or required to be registered under section 509 of the Bank Act;

“Canadian-controlled private corporation” has the meaning assigned by section 21.19;

“Canadian corporation” has the meaning assigned by paragraph l of section 570;

“Canadian development expenses” has the meaning assigned by sections 408 to 410;

“Canadian exploration and development expenses” has the meaning assigned by sections 364 to 366;

“Canadian exploration expenses” has the meaning assigned by sections 395 to 397;

“Canadian oil and gas property expense” has the meaning assigned by sections 418.2 to 418.4;

“Canadian partnership” has the meaning assigned by section 599;

“Canadian resource property” has the meaning assigned by section 370;

“capital dividend” has the meaning assigned by sections 502 to 502.0.4;

“capital interest” in a trust by a taxpayer has the meaning assigned by section 683;

“capital property” has the meaning assigned by section 249;

“cash method” has the meaning assigned by section 194;

“cemetery care trust” has the meaning assigned by section 979.19;

“certified archival centre” means an archival centre certified by Bibliothèque et Archives nationales du Québec and the certification of which is in force;

“charity” means a charitable organization or charitable foundation, within the meaning of section 985.1;

“child” of a taxpayer includes:

(a)  (subparagraph repealed);

(b)  a person who is wholly dependent on the taxpayer for support and of whom the taxpayer has, or immediately before such person attained the age of 19 years did have, in law or in fact, the custody and control;

(c)  the spouse of a child of the taxpayer; and

(d)  a child of the taxpayer’s spouse;

“common share” means a share the holder of which is not precluded, upon the reduction or redemption of the capital stock, from participating in the assets of the corporation beyond the amount then paid for that share plus a fixed premium and a defined rate of dividend;

“compensation for the loss of financial support” means a benefit payable under a public compensation plan in the form of a pension or a lump sum in lieu of a pension that is granted following the death of the victim of an accident, employment injury or bodily injury to a person who, under the terms of the public compensation plan, is the victim’s surviving spouse or a person who is considered to have been the victim’s dependant;

“corporation incorporated in Canada” includes any corporation incorporated in any region of Canada before or after it became part of Canada;

“cost amount” to a taxpayer of any property at any time means:

(a)  in the case of depreciable property of a prescribed class, the amount that would be that proportion of the undepreciated capital cost to the taxpayer of property of that class at that time that the capital cost to the taxpayer of the property is of the capital cost to the taxpayer of all property of that class that has not been disposed of by the taxpayer before that time if section 99 were read without reference to paragraph d.1 thereof and if paragraph b and subparagraph i of paragraph d of that section were read as follows:

“(b) subject to section 284, where a taxpayer, having acquired property for some other purpose, begins at a particular time to use it to gain income, the taxpayer is deemed to have acquired it at that particular time at a capital cost to the taxpayer equal to the fair market value of the property at that time;”;

“i. where the proportion of the use made of the property to gain income has increased at a particular time, the taxpayer is deemed to have acquired at that time depreciable property of that class at a capital cost equal to the proportion of the fair market value of the property at that time that the amount of the increase in the use regularly made by the taxpayer of the property to gain income is of the whole of the use made of it;”;

(b)  in the case of capital property, other than depreciable property, of the taxpayer, its adjusted cost base to the taxpayer at that time;

(c)  in the case of property described in an inventory of the taxpayer, its value at that time as determined for the purpose of computing the taxpayer’s income;

(c.1)  where the taxpayer is a financial institution, within the meaning assigned by section 851.22.1, in its taxation year that includes that time and the property is mark-to-market property, within the meaning assigned by that section, for the year, the cost to the taxpayer of the property;

(d)  in the case of incorporeal capital property of the taxpayer in respect of a business, 4/3 of the amount that would, but for section 106.1, be the proportion of the eligible incorporeal capital amount of the taxpayer in respect of the business at that time that the fair market value, at that time, of the incorporeal capital property is of the fair market value, at that time, of the aggregate of incorporeal capital properties of the taxpayer in respect of the business;

(d.1)  where the property was a loan or lending asset, other than a net income stabilization account, a farm income stabilization account or a property in respect of which any of paragraphs b to c.1 and d.2 applies, the amortized cost of the property to the taxpayer at that time;

(d.2)  where the taxpayer is a financial institution within the meaning assigned by section 851.22.1 in its taxation year that includes that time and the property is a specified debt obligation within the meaning assigned by that section, other than a mark-to-market property within the meaning assigned by that section for the year, the tax basis, within the meaning assigned by section 851.22.7, of the property to the taxpayer at that time;

(e)  where the property was a right of the taxpayer to receive an amount, other than property that is a debt the amount of which was deducted under section 141 in computing the taxpayer’s income for a taxation year that ended before that time, a net income stabilization account, a farm income stabilization account, a right in respect of which any of paragraphs b to c.1, d.1 and d.2 applies, or a right to receive production, as defined in section 158.1, to which a matchable expenditure, as defined in section 158.1, relates, the amount the taxpayer has a right to receive;

(e.1)  in the case of a policy loan, within the meaning assigned by subparagraph h of the first paragraph of section 835, of an insurer or an interest of a beneficiary under an environmental trust, an amount equal to zero;

(f)  in any other case, the cost to the taxpayer of the property as determined for the purpose of computing the taxpayer’s income, except to the extent that that cost has been deducted in computing the taxpayer’s income for any taxation year ending before that time;

“death benefit” has the meaning assigned by section 3;

“deferred amount” at the end of a taxation year under a salary deferral arrangement in respect of an individual has the meaning assigned by section 47.17;

“deferred profit sharing plan” has the meaning assigned by section 870;

“depreciable property” has the meaning assigned by subparagraph c of the first paragraph of section 93;

“designated insurance property” has the meaning assigned by section 818;

“designated stock exchange” means a stock exchange, or that part of a stock exchange, for which a designation made or deemed to be made by the Minister of Finance of Canada under section 262 of the Income Tax Act is in effect;

“development bond” has the meaning assigned by section 119.2;

“disposition” has the meaning assigned by section 248;

“dividend” includes a stock dividend, other than a stock dividend that is paid to a corporation or to a mutual fund trust by a corporation that is not resident in Canada;

“dividend rental arrangement” of a person means any arrangement entered into by the person where it may reasonably be considered that the main reason for the person entering into the arrangement is to enable the person to receive a dividend on a share of the capital stock of a corporation, other than a dividend on a prescribed share or a share described in section 21.6.1 or an amount deemed, by reason of the first paragraph of section 119, to be received as a dividend on a share of the capital stock of a corporation, and under the arrangement someone other than that person enjoys the opportunity for profit or gain or bears the risk of loss with respect to the share in any material respect, and includes any arrangement under which

(a)  a corporation at any time receives on a particular share a taxable dividend that would, but for section 740.4.1, be deductible in computing its taxable income for the taxation year that includes that time, and

(b)  the corporation is obligated to pay to another person an amount as compensation for any of the following dividends that, if paid, would be deemed by section 21.32 to have been received by that other person as a taxable dividend:

i.  the dividend referred to in paragraph a,

ii.  a dividend on a share that is identical to the particular share, or

iii.  a dividend on a share that, during the term of the arrangement, can reasonably be expected to provide to a holder of the share the same or substantially the same proportionate opportunity for gain or risk of loss as the particular share;

“eligible dividend” means an amount, in respect of a person resident in Canada, that is deemed to be a taxable dividend received by the person under section 603.1 or 663.4, or a taxable dividend that is paid after 23 March 2006 by a corporation resident in Canada, that is received by a person resident in Canada and that

(a)  is designated, in accordance with subsection 14 of section 89 of the Income Tax Act, as an eligible dividend for the purposes of that Act; or

(b)  if it is included in a particular amount that is deemed to be a dividend or taxable dividend, corresponds, without exceeding the particular amount, to the portion, designated, in accordance with subsection 14 of section 89 of the Income Tax Act, as an eligible dividend for the purposes of that Act, of the amount, corresponding to the particular amount, that is deemed to be a dividend or taxable dividend for the purposes of that Act;

“eligible funeral arrangement” has the meaning assigned by section 979.19;

“eligible incorporeal capital amount” has the meaning assigned by section 107;

“eligible relocation” has the meaning assigned by the first paragraph of section 349.1;

“employee” means any person employed or holding an office;

“employee benefit plan” has the meaning assigned by section 47.6;

“employee trust” has the meaning assigned by sections 47.7 to 47.9;

“employer”, in relation to an employee, means the person from whom the employee receives remuneration;

“employment” means the position of an individual in the service of some other person, including the State, Her Majesty or a foreign state or sovereign;

“environmental trust” has the meaning assigned by section 21.40;

“establishment” has the meaning assigned to it by sections 12 to 16.2;

“exempt income” means property received or acquired by a person in such circumstances that it is, because of any provision of this Part, not included in computing the person’s income, but does not include a dividend on a share;

“farm income stabilization account” means an account of a person or partnership under the Farm Income Stabilization Account program established under the Act respecting La Financière agricole du Québec (chapter L-0.1);

“farming” includes livestock raising or exhibiting, maintaining of horses for racing, raising of poultry, fur farming, dairy farming, fruit growing and the keeping of bees, but does not include an office or employment under a person engaged in the business of farming;

“farm loss” has the meaning assigned by section 728.2;

“filing-due date” of a taxpayer for a taxation year means the day on or before which the taxpayer’s fiscal return under this Part for the year is required to be filed or would be required to be filed if tax under this Part were payable by the taxpayer for the year;

“fiscal law” means a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31);

“fishing” includes fishing for or catching shell fish, crustaceans and marine animals but does not include an office or employment under a person engaged in the business of fishing;

“flow-through share” has the meaning assigned by section 359.1;

“foreign affiliate” has the meaning assigned by section 571;

“foreign currency” means currency of a foreign country;

“foreign currency debt” has the meaning assigned by section 736.0.0.2;

“foreign exploration and development expenses” has the meaning assigned by sections 372 and 372.1;

“foreign resource expense” has the meaning assigned by sections 418.1.1 and 418.1.2;

“foreign resource pool expenses” of a taxpayer means the taxpayer’s foreign resource expenses in relation to all countries and the taxpayer’s foreign exploration and development expenses;

“foreign resource property” has the meaning assigned by section 373;

“foreign retirement arrangement” means a prescribed plan or arrangement;

“former business property” of a taxpayer means a capital property of the taxpayer that was used by the taxpayer or a person related to the taxpayer primarily for the purpose of gaining or producing income from a business and that was immovable property of the taxpayer, an interest in such property or a property that is the subject of a valid election referred to in subparagraph c of the first paragraph of section 96.0.2, but does not include

(a)  immovable property owned by the taxpayer, whether jointly with another person or otherwise, and used by the taxpayer in the taxation year to which the expression “former business property” is being applied principally for the purpose of gaining or producing gross revenue that is rent, other than property either leased by the taxpayer to a person related to the taxpayer and used by that related person principally for any other purpose, or leased by the taxpayer or the related person to a lessee, in the ordinary course of a business of the taxpayer or the related person of selling goods or rendering services, under a contract by which the lessee undertakes to use the property to carry on the business of selling or promoting the sale of the goods or services of the taxpayer or the related person,

(b)  land subjacent to a property referred to in paragraph a,

(c)  land contiguous to land referred to in paragraph b that is a parking area, driveway, yard or garden or that is otherwise necessary for the use of the property referred to in paragraph a, or

(d)  a leasehold interest in any property described in paragraphs a, b and c;

“goods and services tax” means the tax payable under Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15);

“grandfather” of a taxpayer includes the grandfather of the taxpayer’s spouse and the spouse of the taxpayer’s grandmother;

“grandfathered share” has the meaning assigned by sections 21.11.20 and 21.11.21;

“grandmother” of a taxpayer includes the grandmother of the taxpayer’s spouse and the spouse of the taxpayer’s grandfather;

“great-aunt” of a taxpayer includes the spouse of the taxpayer’s great-uncle;

“great-uncle” of a taxpayer includes the spouse of the taxpayer’s great-aunt;

“gross revenue” of a taxpayer for a taxation year means the aggregate of:

(a)  all amounts received or receivable in the year, depending on the method regularly followed by the taxpayer in computing the taxpayer’s income, otherwise than as or on account of capital; and

(b)  all amounts, other than amounts referred to in paragraph a, included in computing the taxpayer’s income from a business or property for the year by virtue of section 89, 92 or 92.1 or any of sections 92.11 to 92.19;

(c)  (paragraph replaced);

“group term life insurance policy” means a group life insurance policy under which the only amounts payable by the insurer are

(a)  amounts payable on the death or disability of individuals whose lives are insured because of, or in the course of, their office or employment or former office or employment, and

(b)  policy dividends or experience rating refunds;

“home relocation loan” means a loan made to an individual or the individual’s spouse in circumstances where the individual has commenced employment at a new work location in Canada and by reason thereof has moved from the old residence in Canada at which, before the move, the individual ordinarily resided to a new residence in Canada at which, after the move, the individual ordinarily resides, if

(a)  the distance between the old residence and the new work location is at least 40 km greater than the distance between the new residence and the new work location;

(b)  the loan is used to acquire a dwelling, or a share of the capital stock of a housing cooperative acquired for the sole purpose of acquiring the right to inhabit a dwelling owned by the cooperative, where the dwelling is for the habitation of the individual and is the individual’s new residence;

(c)  the loan is received in the circumstances described in section 487.1, or would have been so received if the second paragraph of section 487.1 had applied to the loan at the time it was received; and

(d)  the loan is designated by the individual to be a home relocation loan, but in no case shall more than one loan in respect of a particular move, or more than one loan at any particular time, be designated as a home relocation loan by the individual;

“income-averaging annuity” has the meaning assigned by sections 342 and 343;

“income-averaging annuity respecting income from artistic activities” in relation to an individual means, except for the purposes of Chapter VI.0.1 of Title VI of Book III, an annuity established under a contract that meets the conditions set out in section 346.0.2 and in respect of which the individual has deducted an amount in computing the individual’s income under section 346.0.1;

“income bond” or “income debenture” has the meaning assigned by sections 21.12 to 21.15;

“income interest” in a trust by a taxpayer has the meaning assigned by section 683;

“income replacement indemnity” means a benefit paid under a public compensation plan to compensate a total or partial disability affecting a person’s capacity to perform the duties of an office or employment or to carry on a business either alone or as a partner actively engaged in the business, or to compensate the loss of a benefit under the Employment Insurance Act (S.C. 1996, c. 23), unless, under the terms of the public compensation plan, no employer, whether required or not to pay all or part of the benefit, may be reimbursed for the expense incurred by the employer in that respect; for that purpose, a benefit computed by reference to a person’s recognized earnings under the public compensation plan is deemed a benefit paid to compensate the total or partial disability affecting the person’s capacity to perform the duties of an office or employment or to carry on a business either alone or as a partner actively engaged in the business;

“incorporeal capital amount” has the meaning assigned by section 106;

“incorporeal capital property” has the meaning assigned by section 250;

“indexed debt obligation” means a debt obligation the terms or conditions of which provide for an adjustment to an amount payable in respect of the obligation for a period during which the obligation was outstanding that is determined by reference to a change in the purchasing power of money;

“individual” means a person other than a corporation;

“insurance corporation” has the same meaning as “insurer” ;

“insurance policy” includes a life insurance policy;

“insurer” means a corporation carrying on an insurance business;

“international financial centre” has the meaning assigned by section 6 of the Act respecting international financial centres (chapter C-8.3);

“international traffic”, in respect of a person not resident in Canada who carries on a transportation business, means a voyage made in the course of that business, to transport persons or goods between two places outside Canada or between Canada and a place outside Canada;

“inter vivos trust” means a trust other than a testamentary trust;

“inventory” means a description of property the cost or value of which is relevant in computing a taxpayer’s income from a business for a taxation year or would have been so relevant if the income from the business had not been computed in accordance with the cash method and, with respect to a farming business, includes all of the livestock held in the course of carrying on the business;

“investment corporation” has the meaning assigned by Book I of Part III;

“investment in a SIFT wind-up entity” means

(a)  if the SIFT wind-up entity is a trust and subject to paragraph c, a capital interest (determined without reference to section 7.11.1) in the trust;

(b)  if the SIFT wind-up entity is a partnership and subject to paragraph c, an interest as a member of the partnership where, by operation of any law governing the arrangement in respect of the partnership, the liability of the member as a member of the partnership is limited; and

(c)  if all of the interests described in paragraphs a and b are described by reference to units, the part of the interest represented by such a unit;

“joint spousal trust” has the meaning assigned by section 652.1;

“law” includes any Act other than an Act of the Parliament of Québec;

“legal representative” of a taxpayer means a trustee in bankruptcy, an assignee, a receiver, a trustee, an heir, an administrator of the property of others, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with the property that belongs or belonged to, or that is or was held for the benefit of, the taxpayer or the taxpayer’s succession;

“lending assets” means a bond, debenture, note, hypothecary claim, mortgage, agreement of sale or any other indebtedness, or a prescribed share, but does not include a prescribed property;

“life insurance business” includes the business of issuing contracts in respect of which all or any part of the issuer’s reserves vary depending upon the fair market value of a specified group of assets, and an annuities business, carried on by a life insurer;

“life insurance corporation” has the same meaning as “life insurer” ;

“life insurance policy” has the meaning assigned by subparagraph e of the first paragraph of section 835;

“life insurance policy in Canada” has the meaning assigned by subparagraph e.1 of the first paragraph of section 835;

“life insurer” means a corporation carrying on a life insurance business other than a business referred to in the definition of “life insurance business”, even if it also carries on a business so described;

“limited partnership loss” in respect of the partnership has the meaning assigned by sections 613.1 and 726.4.17.11;

“majority interest partner” of a particular partnership at any time means a person or partnership, in paragraphs a and b referred to as the “taxpayer”,

(a)  whose share of the particular partnership’s income from all sources for the fiscal period of the particular partnership that ended before that time or, if the particular partnership’s first fiscal period includes that time, for that fiscal period, would have exceeded 1/2 of the particular partnership’s income from all sources for that period if the taxpayer had held throughout that fiscal period each interest in the particular partnership that the taxpayer or a person affiliated with the taxpayer held at that time; or

(b)  whose share, together with the shares of every person with whom the taxpayer is affiliated, of the total amount that would be paid to all members of the particular partnership, otherwise than as a share of any income of the particular partnership, if it were wound up at that time exceeds 1/2 of that total amount;

“mineral” includes ammonite gemstone, coal, calcium chloride, kaolin, bituminous sands, oil shale and silica, but does not include petroleum, natural gas or other related hydrocarbons;

“mineral resource” means a base or precious metal deposit, a coal deposit, a bituminous sands deposit or oil shale deposit, or a mineral deposit in respect of which the principal mineral extracted is

(a)  an industrial mineral contained in a non-bedded deposit, as certified by the Minister of Natural Resources and Wildlife;

(b)  ammonite gemstone, calcium chloride, diamond, gypsum, halite, kaolin or sylvite;

(c)  silica that is extracted from sandstone or quartzite;

“mortgage investment corporation” has the meaning assigned by section 1108;

“motor vehicle” means an automotive vehicle designed or adapted to be used on highways and streets, other than a trolleybus or a vehicle designed or adapted to be operated exclusively on rails;

“municipality” includes a metropolitan community and the Kativik Regional Government, established under the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1);

“mutual fund corporation” has the meaning assigned by Book III of Part III;

“mutual fund trust” has the meaning assigned by Book IV of Part III;

“net capital loss” has the meaning assigned by section 730;

“net income stabilization account” means an account of a taxpayer under the net income stabilization account program under the Farm Income Protection Act (S.C. 1991, c. 22);

“nephew” of a taxpayer includes the nephew of the taxpayer’s spouse;

“niece” of a taxpayer includes the niece of the taxpayer’s spouse;

“NISA Fund No. 2” means the portion of a taxpayer’s net income stabilization account that is described in paragraph b of subsection 2 of section 8 of the Farm Income Protection Act and that can reasonably be considered to be attributable to a program that allows the funds in the account to accumulate;

“non-capital loss” has the meaning assigned by section 728;

“non-resident-owned investment corporation” has the meaning assigned by Book V of Part III;

“office” means the position of an individual entitling the individual to a fixed or ascertainable stipend or remuneration and includes a judicial office, the office of a minister of the State or Crown, the office of a member of a legislative assembly, a member of the Senate or House of Commons of Canada or a member of an executive council and any other office, the incumbent of which is elected by popular vote or is elected or appointed in a representative capacity, and also includes the position of member of the board of directors of a corporation even where the individual neither performs administrative functions within the corporation nor receives stipends or a remuneration to hold that position;

“oil or gas well” means any well, other than an exploratory probe or a well drilled from below the surface of the earth, drilled for the purpose of producing petroleum or natural gas or of determining the existence, location, extent or quality of a natural accumulation of petroleum or natural gas, but, for the purpose of applying sections 93 to 104 and 130 and any regulations made for the purpose of paragraph a of section 130 in respect of property acquired after 6 March 1996, does not include a well for the extraction of material from a deposit of bituminous sands or oil shales;

“paid-up capital” has the meaning assigned by paragraph a of section 570, except for the purposes of Titles VI.1 and VI.2 of Book VII and Title V of Book IX, excluding sections 1045 to 1049;

“passenger vehicle” means an automobile acquired after 17 June 1987, other than an automobile acquired after that date pursuant to an obligation in writing entered into before 18 June 1987, and an automobile leased under a lease entered into, extended or renewed after 17 June 1987;

“pension benefit” includes any amount received under a pension plan and also includes any payment made to a beneficiary under the plan, or to an employer or former employer of the beneficiary in accordance with the conditions of the plan, following any change made in it or resulting from its winding-up;

“person”, or any word or expression descriptive of a person, includes any corporation, and any entity exempt, because of Book VIII, from tax under this Part and the legal representatives of such a person, according to the law of that part of Canada to which the context extends;

“personal or living expenses” includes:

(a)  the expenses of properties maintained by any person for the use or benefit of the taxpayer or any person connected with the taxpayer by blood relationship, marriage or adoption, but does not include expenses in respect of properties maintained in connection with a business carried on for profit or with a reasonable expectation of profit;

(b)  the expenses, premiums or other costs of an insurance policy, annuity contract or other like contract if the proceeds of the policy or contract are payable to or for the benefit of the taxpayer or a person connected with the taxpayer by blood relationship, marriage or adoption; and

(c)  expenses of properties maintained by a succession or trust for the benefit of the taxpayer as one of the beneficiaries;

“personal services business” means a services business carried on by a corporation in a taxation year where an employee who provides services on behalf of the corporation, referred to in this definition and in section 135.2 as an “incorporated employee”, or a person related to an incorporated employee is a specified shareholder of the corporation and the incorporated employee could reasonably be regarded as an employee of the person or partnership to whom or to which the services were provided but for the existence of the corporation, unless

(a)  the corporation employs in the business throughout the year more than five full-time employees; or

(b)  the amount received or receivable by the corporation in the year for the services provided is paid or payable by a corporation with which it was associated during that year;

“personal trust” has the meaning assigned by section 649.1;

“personal-use property” has the meaning assigned by section 287;

“post-1971 spousal trust” has the meaning assigned by section 652.1;

“precious property” means a property contemplated in section 265;

“preferred share” means a share other than a common share;

“prescribed class” means a class prescribed under subparagraph e of the first paragraph of section 1086;

“principal amount” in relation to any obligation means the amount that, under the terms of the obligation or any agreement relating thereto, is the maximum amount or maximum aggregate amount, as the case may be, payable on account of the obligation by the issuer thereof, otherwise than as or on account of interest or as or on account of any premium payable by the issuer conditional upon the exercise by the issuer of a right to redeem the obligation before the maturity thereof;

“private corporation” has the meaning assigned by paragraph n of section 570;

“private foundation” has the meaning assigned by paragraph e of section 985.1;

“private health services plan” means a contract of insurance in respect of medical expenses, hospital expenses or any combination of such expenses, or a medical care insurance plan or hospital care insurance plan or both a medical care and hospital care insurance plan, to the extent that the contract or plan essentially applies to expenses described in section 752.0.11.1 and that all or substantially all of the premium or any other consideration payable for coverage provided under the contract or plan is attributable to such expenses, except any such contract or plan established by or pursuant to a law of a province that establishes a health care insurance plan that is a health care insurance plan within the meaning of section 2 of the Canada Health Act (R.S.C. 1985, c. C-6);

“professional corporation” means a corporation that carries on the professional practice of an accountant, dentist, advocate, physician, veterinarian or chiropractor;

“profit sharing plan” has the meaning assigned by section 852, except for the purposes of Title III.1 of Book V;

“property” means property of any kind whatever whether real or personal, corporeal or incorporeal, and also includes a share, a right of any kind whatever and the work in progress of a business that is a profession;

“property of the bankrupt” has the meaning assigned by the Bankruptcy and Insolvency Act;

“province” means a province of Canada and includes the Northwest Territories, the Yukon Territory and Nunavut;

“public compensation plan” means a plan established under a law of Québec or of another jurisdiction that provides for the payment of benefits following an accident, employment injury, bodily injury or death or in order to prevent bodily injury, other than the Act respecting the Québec Pension Plan (chapter R-9), the Canada Pension Plan (R.S.C. 1985, c. C-8) or any other law establishing a plan equivalent to that established under the Act respecting the Québec Pension Plan;

“public corporation” has the meaning assigned by paragraph o of section 570;

“public foundation” has the meaning assigned by paragraph f of section 985.1;

“qualified business”, in respect of any business carried on by a taxpayer resident in Canada, means any business carried on by the taxpayer other than a specified investment business or a personal services business;

“qualified donee” has the meaning assigned by paragraph b of section 985.1;

“qualifying trust annuity” has the meaning assigned by section 21.43;

“Québec museum” means a museum situated in Québec and any other museum that is a recognized museum at the time the gift is made.

“Québec sales tax” means the tax payable under Title I of the Act respecting the Québec sales tax (chapter T-0.1);

“recognized arts organization” means an arts organization that was recognized, before 30 June 2006, by the Minister on the recommendation of the Minister of Culture and Communications and whose recognition is in force, but does not include a registered charity and an arts organization that is a registered cultural or communications organization under the second paragraph of section 985.35.12;

“recognized gift with reserve of usufruct or use” by a taxpayer in relation to a work of art or a cultural property described in the third paragraph of section 232, means the gift by the taxpayer of the work of art or the cultural property, other than immovable property, that meets the following conditions:

(a)  the gift is a gift inter vivos whereby the taxpayer disposes of the bare ownership of the work of art or the cultural property but retains the usufruct or right of use;

(b)  in the case of a work of art, other than cultural property described in the third paragraph of section 232, the gift is made to a Québec museum;

(c)  in the case of cultural property described in the third paragraph of section 232, the gift is made to an institution or a public authority in Canada which is, at the time of the gift, designated under subsection 2 of section 32 of the Cultural Property Export and Import Act (R.S.C. 1985, c. C-51) for general purposes or for a specified purpose related to that cultural property, to a certified archival centre or a recognized museum;

(d)  the usufruct or right of use is established only for the taxpayer and is not successive;

(e)  the usufruct or right of use is established for the lifetime of the taxpayer, where the taxpayer is an individual, or for a term not exceeding 30 years;

(f)  the taxpayer was the sole owner of the work of art or the cultural property immediately before the gift was made; and

(g)  the deed of gift provides that

i.  the taxpayer may not dispose of the taxpayer’s usufruct or right of use without the consent of the bare owner,

ii.  the taxpayer shall keep the work of art or the cultural property in a place designated in the deed of gift and shall move it only with the consent of the bare owner and under the terms and conditions determined by the bare owner,

iii.  the taxpayer shall keep the work of art or the cultural property insured against ordinary risks for the duration of the usufruct or right of use and undertake to inform the bare owner without delay of the deterioration or disappearance of the work of art or the cultural property,

iv.  the bare owner may, where the work of art or the cultural property deteriorates,

(1)  decide to restore it, in which case the bare owner shall designate the person for that purpose, who will be remunerated out of the proceeds of the insurance referred to in subparagraph iii, or

(2)  decide not to restore it, in which case the bare owner may claim from the taxpayer the proceeds of the insurance referred to in subparagraph iii that the taxpayer will be required to give to the bare owner within 10 days of the receipt of the written confirmation of the decision, and

v.  the usufruct or right of use is extinguished where the work of art or the cultural property disappears and the taxpayer may claim the proceeds of the insurance referred to in subparagraph iii;

“recognized museum” means a museum that is recognized by the Minister of Culture and Communications and whose recognition is in force;

“recognized political education organization” has the meaning assigned by section 985.36;

“recognized stock exchange” means

(a)  a designated stock exchange; or

(b)  a stock exchange, other than a designated stock exchange, located in Canada or in a country that is a member of the Organisation for Economic Co-operation and Development that entered into a tax agreement (within the meaning that would be assigned to that expression by this section if the Gouvernement du Québec had not entered into an agreement referred to in the definition of that expression) with the Government of Canada;

“registered Canadian amateur athletic association” has the meaning assigned by section 21.41;

“registered charity” at any time means a charitable organization within the meaning of section 985.1, a private foundation or a public foundation, that is at that time registered with the Minister as a charitable organization within the meaning of that section 985.1, a private foundation or a public foundation, or that is deemed to be so registered in accordance with sections 985.5 to 985.5.2;

“registered cultural or communications organization” at any time means an organization that is, at that time, registered as such with the Minister in accordance with section 985.35.12;

“registered disability savings plan” has the meaning assigned by Title III.1 of Book VII;

“registered education savings plan” has the meaning assigned by Title III of Book VII;

“registered museum” at any time means a museum that, at that time, is registered as such with the Minister in accordance with section 985.35.2;

“registered national arts service organization”, at any time, means a national arts service organization that is deemed to be registered at that time by the Minister under section 985.24 and whose registration is in force;

“registered pension plan” means a plan accepted as such by the Minister of Revenue of Canada for the purposes of the Income Tax Act and the registration of which is in force;

“registered Québec amateur athletic association” has the meaning assigned by section 21.42;

“registered retirement income fund” means a fund accepted as such by the Minister of Revenue of Canada for the purposes of the Income Tax Act and the registration of which is in force;

“registered retirement plan” means an employees’ superannuation plan accepted before 1 January 1986 by the Minister for registration for the purposes of this Part in respect of its constitution and operations for the taxation year under consideration;

“registered retirement savings plan” means a plan accepted as such by the Minister of Revenue of Canada for the purposes of the Income Tax Act and the registration of which is in force;

“registered securities dealer” means a person authorized to trade in securities, in the capacity of an agent or principal, without any restriction as to the types or kinds of securities in which that person may trade by reason of the fact that the person

(a)  is registered or licensed under the laws of a province; or

(b)  meets the following conditions:

i.  the person is registered with, or licensed by, a competent authority other than the competent authority of a province, and

ii.  the person obtained from the Autorité des marchés financiers or from a securities commission or similar body an exemption from registration pursuant to the laws of a province;

“registered supplementary unemployment benefit plan” has the meaning assigned by subsection 3 of section 962;

“regulation” means a regulation made by the Government under this Part;

“restricted farm loss” has the meaning assigned by section 207;

“restricted financial institution” means

(a)  a bank;

(b)  a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering its services as trustee;

(c)  a savings and credit union;

(d)  an insurance corporation;

(e)  a corporation whose principal business is the lending of money to persons with whom it is dealing at arm’s length or the purchasing of debt obligations issued by such persons, or a combination thereof;

(e.1)  a corporation referred to in paragraph g of the definition of “financial institution” in subsection 1 of section 181 of the Income Tax Act;

(f)  a corporation that is controlled by one or more corporations described in any of paragraphs a to e.1;

“retirement compensation arrangement” has the meaning assigned by section 890.1;

“retirement income fund” has the meaning assigned by subsection 1 of section 146.3 of the Income Tax Act;

“retirement savings plan” has the meaning assigned by subsection 1 of section 146 of the Income Tax Act;

“retiring allowance” means an amount, other than an amount received as a consequence of the death of an employee, a pension benefit or a benefit referred to in the third paragraph of section 38 in respect of counselling services described therein, received by a taxpayer or, after the taxpayer’s death, by a dependent or a relative of the taxpayer or by the legal representative of the taxpayer

(a)  on or after retirement of the taxpayer from an office or employment in recognition of the taxpayer’s long service; or

(b)  in respect of the loss of an office or employment of the taxpayer, whether or not received as, on account of or in lieu of damages or pursuant to an order or judgment of a competent tribunal;

“salary deferral arrangement” in respect of an individual has the meaning assigned by sections 47.15 and 47.16;

“salary or wages”, except in section 32, means the income of a taxpayer from an office or employment as computed under Title II of Book III and includes all fees received by the taxpayer for services not rendered in the course of the taxpayer’s business, but does not include pension benefits or retiring allowances;

“savings and credit union” has the meaning assigned by section 797;

“scientific research and experimental development” has the meaning assigned by subsections 2 to 4 of section 222;

“self-contained domestic establishment” means a dwelling-house, apartment or other similar place of residence in which a person as a general rule sleeps and eats;

“servant” means a person engaged in employment;

“share” means a share or fraction of a share of the capital stock of a corporation and includes, except for the purposes of Title VI.1 of Book VII, a share or fraction of a share of the capital of a prescribed cooperative or of a savings and credit union;

“shareholder” includes any person entitled to receive payment of a dividend;

“short-term preferred share” has the meaning assigned by sections 21.11.11 to 21.11.13;

“SIFT partnership” has the meaning assigned by the first paragraph of section 1129.70;

“SIFT trust” has the meaning assigned by the first paragraph of section 1129.70;

“SIFT trust wind-up event” means a distribution by a particular trust resident in Canada of property to a taxpayer in respect of which the following conditions are met:

(a)  the distribution occurs before 1 January 2013;

(b)  there is a resulting disposition of all of the taxpayer’s interest as a beneficiary under the particular trust;

(c)  the particular trust is

i.  a SIFT wind-up entity,

ii.  a trust whose only beneficiary throughout the period (in this definition referred to as the “qualifying period”) that begins on 14 July 2008 and that ends at the time of the distribution is another trust that throughout the qualifying period

(1)  is resident in Canada, and

(2)  is a SIFT wind-up entity or a trust described in this subparagraph ii, or

iii.  a trust whose only beneficiary at the time of distribution is another trust that throughout the qualifying period

(1)  is resident in Canada,

(2)  is a SIFT wind-up entity or a trust described in subparagraph ii, and

(3)  is a majority interest beneficiary (within the meaning that would be assigned by section 21.0.1 if paragraphs a and b of the definition of “majority interest beneficiary” were read as if “50%” was replaced by “25%”) of the particular trust;

(d)  the particular trust ceases to exist immediately after the distribution or immediately after the last of a series of SIFT trust wind-up events (determined without reference to this paragraph) of the particular trust that includes the distribution; and

(e)  the property was not acquired by the particular trust as a result of

i.  a transfer or an exchange that is a qualifying exchange (within the meaning of the first paragraph of section 785.4) or a qualifying disposition (within the meaning of section 692.5) that is made after 2 February 2009 and that is from any person other than a SIFT wind-up entity, or

ii.  the transfer or the exchange, to which Division XIII of Chapter IV of Title IV of Book III, any of Chapters IV to IX of Title IX of Book III, Chapter X of Title XII of that Book or Title I.2 of Book VI applies, of another property acquired as a result of a transfer or an exchange described in subparagraph i or this subparagraph;

“SIFT wind-up corporation”, in respect of a SIFT wind-up entity (in this definition referred to as a “particular entity”), means at a particular time a corporation

(a)  that, at any time that is after 13 July 2008 and before the earlier of the particular time and 1 January 2013, owns all of the investments in the particular entity, each of which is an investment in a SIFT wind-up entity, or

(b)  the shares of the capital stock of which are at or before the particular time distributed as part of a SIFT trust wind-up event of the particular entity;

“SIFT wind-up entity” means a trust or partnership that at any time in the period that began on 31 October 2006 and that ended on 14 July 2008 is

(a)  a SIFT trust or a trust that would be a SIFT trust but for subsection 3 of section 534 of the Act giving effect to the Budget Speech delivered on 24 May 2007, to the 1 June 2007 Ministerial Statement Concerning the Government’s 2007-2008 Budgetary Policy and to certain other budget statements (S.Q. 2009, c. 5);

(b)  a SIFT partnership or a partnership that would be a SIFT partnership but for subsection 3 of section 534 of the Act giving effect to the Budget Speech delivered on 24 May 2007, to the 1 June 2007 Ministerial Statement Concerning the Government’s 2007-2008 Budgetary Policy and to certain other budget statements; or

(c)  a real estate investment trust, within the meaning of the first paragraph of section 1129.70;

“sister” of a taxpayer includes the sister of the taxpayer’s spouse and the spouse of the taxpayer’s brother;

“small business bond” has the meaning assigned by section 119.15;

“small business corporation”, at any particular time, means, subject to section 726.6.2 and on the assumption, for the purposes of this definition, that the fair market value of a net income stabilization account or of a farm income stabilization account is deemed to be nil, a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which is attributable to assets that are, at that time,

(a)  used principally in a qualified business carried on primarily in Canada by the corporation or by a corporation related to it;

(b)  shares of the capital stock of a small business corporation connected with the corporation within the meaning of the regulations;

(c)  indebtedness of a corporation described in paragraph b, or

(d)  assets described in subparagraphs a to c;

“specified employee” of a person means an employee of the person who is a specified shareholder of the person or who does not deal at arm’s length with the person;

“specified financial institution”, at a particular time, means

(a)  a bank;

(b)  a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering its services as trustee;

(c)  a savings and credit union;

(d)  an insurance corporation;

(e)  a corporation whose principal business is the lending of money to persons with whom it is dealing at arm’s length or the purchasing of debt obligations issued by such persons, or a combination thereof;

(e.1)  a corporation referred to in paragraph g of the definition of “financial institution” in subsection 1 of section 181 of the Income Tax Act;

(f)  a corporation that is controlled by one or more corporations referred to in any of paragraphs a to e.1 and, for the purposes of this paragraph, one corporation is controlled by another corporation if more than 50% of its issued share capital having full voting rights under all circumstances belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal at arm’s length;

(g)  a corporation that is related to a particular corporation referred to in any of paragraphs a to f, other than a particular corporation referred to in paragraph e or e.1 the principal business of which is the factoring of trade accounts receivable that the particular corporation acquired from a related person, that arose in the course of an eligible business carried on by a person, in this paragraph referred to as the “business entity”, related at that time to the particular corporation, and that at no particular time before that time were held by a person other than a person who was related to the business entity and, for the purposes of this paragraph, where in the case of two or more corporations it may reasonably be considered, having regard to all the circumstances, that one of the main reasons for the separate existence of those corporations in a taxation year is to limit or avoid the application of any of sections 740.1, 740.2 to 740.3.1 and 845, those corporations are deemed to be related to each other and to each other corporation to which any such corporation is related;

“specified individual” has the meaning assigned by section 766.5;

“specified investment business” has the meaning assigned by section 771.1;

“specified member” of a partnership in a fiscal period or taxation year of the partnership, as the case may be, means

(a)  any member of the partnership who is a limited partner, within the meaning assigned by section 613.6, of the partnership at any time in the fiscal period or taxation year;

(b)  any member of the partnership, other than a member who is actively engaged in those activities of the partnership business that are other than the financing of the partnership business, or is carrying on a business similar to that carried on by the partnership in its taxation year, otherwise than as a member of a partnership, on a regular, continuous and substantial basis throughout that part of the fiscal period or taxation year during which the business of the partnership is ordinarily carried on and during which the member is a member of the partnership;

“specified shareholder” has the meaning assigned by sections 21.17 and 21.18;

“specified tax consequence” for a taxation year means

(a)  the consequence of the exclusion from the income or the deduction of an amount referred to in the first paragraph of section 1044;

(b)  the consequence of a reduction under section 359.15 of an amount purported to be renounced by a corporation after the beginning of the year to a person or partnership under section 359.2 or 359.2.1 because of the application of section 359.8, determined as if the purported renunciation would, but for section 359.15, have been effective only where the requirements in paragraphs b and c of section 359.8 and the following requirements had been satisfied:

i.  the purported renunciation occurred in the first three months of a particular calendar year,

ii.  the effective date of the purported renunciation was the last date of the calendar year preceding the particular calendar year,

iii.  the corporation agreed in the calendar year preceding the particular calendar year to issue a flow-through share to a person or partnership;

iv.  the amount does not exceed the amount by which the consideration for which the share was issued exceeds the aggregate of all other amounts purported by the corporation to have been renounced under section 359.2 or 359.2.1 in respect of that consideration, and

v.  the form prescribed for the purpose of section 359.12 in respect of the purported renunciation is filed by the corporation with the Minister before 1 May of the particular calendar year;

(c)  the consequence of an adjustment or a reduction described in section 1042.1;

“split income” has the meaning assigned by section 766.5;

“stock dividend” includes any dividend, determined without reference to the definition of “dividend” in this section, paid by a corporation to the extent that it is paid by the issuance of shares of any class of the capital stock of the corporation;

“subsidiary controlled corporation” means a corporation more than 50% of the issued capital stock of which having full voting rights under all circumstances belongs to the corporation to which it is subsidiary;

“subsidiary wholly-owned corporation” means a corporation all the issued capital stock of which except directors’ qualifying shares, belongs to the corporation to which it is subsidiary;

“succession” has the meaning assigned by section 646;

“supplementary unemployment benefit plan” has the meaning assigned by subsection 1 of section 962;

“tar sands” means a mineral extracted, otherwise than by a well, from a mineral resource that is a deposit of bituminous sands or oil shales and, for the purpose of applying sections 93 to 104 and 130 and any regulations made under paragraph a of section 130 in respect of property acquired after 6 March 1996, includes material extracted by a well from a deposit of bituminous sands or oil shales;

“tax agreement” with a country other than Canada at any time means an agreement for the elimination of double taxation on income, between the Government of Québec and the government of the country, which has the force of law in Québec at that time or, in the absence of such an agreement, a comprehensive agreement or convention for the elimination of double taxation on income, between the Government of Canada and the government of the country, which has the force of law in Canada at that time;

“tax-agreement-protected business” of a taxpayer at any time means a business in respect of which any income of the taxpayer for a period that includes that time would, because of a tax agreement with a country other than Canada, be exempt from tax under this Part;

“tax-agreement-protected property” of a taxpayer at any time means property any income or gain from the disposition of which by the taxpayer at that time would, because of a tax agreement with a country other than Canada, be exempt from tax under this Part;

“tax-free savings account” or “TFSA” at any time means an arrangement accepted as such at that time by the Minister of National Revenue for the purposes of the Income Tax Act, in accordance with subsection 5 of section 146.2 of that Act;

“tax shelter” has the meaning assigned by section 1079.1;

“taxable Canadian corporation” has the meaning assigned by paragraph m of section 570;

“taxable Canadian property” has the meaning assigned by Part II and, for the purposes of section 688.0.0.1, Chapter I of Title I.1 of Book VI and sections 1000 to 1003, and for the purpose of applying section 521 and subparagraph c of the second paragraph of section 614 in respect of a disposition made by a person not resident in Canada, includes

(a)  a Canadian resource property;

(b)  a timber resource property;

(c)  an income interest in a trust resident in Canada;

(d)  a right to a share of the income or loss of a partnership under an agreement referred to in section 608; and

(e)  a life insurance policy in Canada;

“taxable capital gain” has the meaning assigned by section 231;

“taxable dividend” has the meaning assigned by paragraph g of section 570;

“taxable income” has the meaning assigned by section 24 or 26.1, as the case may be, and in no case may the taxpayer’s taxable income be less than $0;

“taxable net gain” from the disposition of precious property has the meaning assigned by section 265;

“taxable preferred share” has the meaning assigned by sections 21.11.14 to 21.11.16;

“taxable Québec property” has the meaning assigned by Part II and, for the purposes of sections 26 and 27, and for the purpose of applying section 521 and subparagraph c of the second paragraph of section 614 in respect of a disposition made by a person not resident in Canada, includes

(a)  a Québec resource property within the meaning of paragraph d of section 1089,

(b)  a timber resource property situated in Québec, including at any particular time an interest therein and an option in respect thereof,

(c)  an income interest in a trust resident in Québec,

(d)  a right to a share in the income or loss of a partnership having an establishment in Québec under an agreement described in section 608, and

(e)  a life insurance policy issued or subscribed by an insurer on the life of a person resident in Québec at the time of the issue or subscription;

“taxation year” means

(a)  in the case of a corporation, a fiscal period;

(b)  in the case of an individual, other than a testamentary trust, a calendar year; and

(c)  in the case of a testamentary trust, the particular period for which the trust’s accounts are made up for purposes of assessment under this Part, which particular period,

i.  if it begins at a time after 20 December 2006, must end at the end of the period that includes that time and for which the accounts are made up for purposes of assessment under the Income Tax Act, or

ii.  if it includes 20 December 2006, must end at the time at which ends the period that includes that day and for which the accounts are made up for purposes of assessment under the Income Tax Act, unless the period for which the trust’s accounts are made up for purposes of assessment under the Income Tax Act that includes 20 December 2006 ends more than 12 months after the time at which the particular period begins;

“taxpayer” includes any person whether or not liable to pay tax;

“term preferred share” has the meaning assigned by sections 21.5 to 21.9.4.1;

“testamentary trust” has the meaning assigned by section 677;

“timber resource property” has the meaning assigned by subparagraph d of the first paragraph of section 93;

“Treasury Board” means the Conseil du trésor continued under the Public Administration Act (chapter A-6.01);

“trust” has the meaning assigned by section 646;

“uncle” of a taxpayer includes the spouse of the taxpayer’s aunt;

“undepreciated capital cost” of depreciable property of a prescribed class of a taxpayer has the meaning assigned by section 93;

“undepreciable property” means any property other than depreciable property;

“unit trust” has the meaning assigned by section 649;

“written separation agreement” includes an agreement by which a person agrees to make payments on a periodic basis for the maintenance of a former spouse, child or both, after the marriage has been dissolved whether the agreement was made before or after the marriage was dissolved.

1972, c. 23, s. 1; 1972, c. 26, s. 31; 1973, c. 17, s. 1; 1973, c. 18, s. 1; 1975, c. 21, s. 1; 1975, c. 22, s. 1; 1977, c. 5, s. 14; 1977, c. 26, s. 1; 1978, c. 26, s. 1; 1979, c. 18, s. 1; 1979, c. 38, s. 1; 1979, c. 81, s. 20; 1980, c. 13, s. 1; 1982, c. 5, s. 1; 1982, c. 17, s. 47; 1982, c. 56, s. 8; 1983, c. 44, s. 13; 1984, c. 15, s. 1; 1985, c. 25, s. 17; 1986, c. 15, s. 31; 1986, c. 19, s. 1; 1987, c. 21, s. 7; 1987, c. 67, s. 4; 1988, c. 4, s. 17; 1988, c. 18, s. 2; 1989, c. 5, s. 20; 1989, c. 77, s. 2; 1990, c. 59, s. 3; 1991, c. 7, s. 13; 1991, c. 25, s. 2; 1992, c. 1, s. 6; 1993, c. 16, s. 1; 1993, c. 19, s. 12; 1993, c. 64, s. 4; 1994, c. 13, s. 15; 1994, c. 22, s. 41; 1995, c. 1, s. 11; 1995, c. 49, s. 1; 1995, c. 63, s. 12; 1996, c. 39, s. 8; 1997, c. 3, s. 13; 1997, c. 14, s. 10; 1997, c. 31, s. 2; 1997, c. 85, s. 32; 1998, c. 16, s. 4; 1999, c. 83, s. 26; 1999, c. 86, s. 75; 1999, c. 89, s. 53; 2000, c. 5, s. 4; 2000, c. 8, s. 152; 2000, c. 56, s. 218; 2001, c. 7, s. 1; 2001, c. 51, s. 17; 2001, c. 53, s. 1; 2002, c. 45, s. 517; 2003, c. 2, s. 2; 2003, c. 8, s. 6; 2003, c. 9, s. 10; 2004, c. 8, s. 4; 2004, c. 21, s. 37; 2004, c. 25, s. 70; 2004, c. 37, s. 90; 2005, c. 1, s. 20; 2005, c. 23, s. 30; 2005, c. 38, s. 44; 2006, c. 3, s. 35; 2006, c. 13, s. 24; 2006, c. 36, s. 20; 2007, c. 12, s. 20; 2009, c. 5, s. 6; 2009, c. 15, s. 25; 2010, c. 5, s. 9; 2010, c. 25, s. 4.

1.1. In this Act and the regulations, an interest in real property includes a leasehold interest in real property but does not include an interest as security only derived by virtue of a hypothecary claim, mortgage, agreement of sale or other similar obligation.

1978, c. 26, s. 2; 1993, c. 64, s. 5; 1996, c. 39, s. 9; 2005, c. 1, s. 21.

1.2. For the purposes of this Part, other than paragraph a of section 618, the following rules apply:

(a)  if property is acquired in substitution for a particular property that is disposed of or exchanged and if subsequently, by one or more transactions, other property is acquired in substitution for that property or for property already acquired in substitution, any property so acquired is deemed to have been substituted for the particular property; and

(b)  any share received as a stock dividend on another share of the capital stock of a corporation is deemed to be property substituted for that other share.

1982, c. 5, s. 2; 1987, c. 67, s. 5; 1993, c. 19, s. 13; 1996, c. 39, s. 10; 1997, c. 3, s. 71; 1998, c. 16, s. 5; 2009, c. 15, s. 26.

1.3. For the purposes of this Part, except Title VI.1 of Book VII, where a corporation issues shares of a class of its capital stock in one or more series, a reference to the class shall be read, with the necessary modifications, as a reference to a series of the class.

1984, c. 15, s. 2; 1987, c. 21, s. 8; 1990, c. 59, s. 4; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

1.4. (Repealed).

1985, c. 25, s. 18; 1988, c. 18, s. 3.

1.5. For the purposes of this Part, where there is a reference to a series of transactions or events, the series is deemed to include any related transactions or events completed in contemplation of the series.

1987, c. 67, s. 6.

1.6. Except as otherwise provided in this Part, property is considered to have become available for use for the purposes of this Part at the time at which it has, or would have if it were depreciable property, become available for use for the purposes of section 93.6.

1993, c. 16, s. 2.

1.7. In this Act and the regulations, a legal person, whether or not established for pecuniary gain, is designated by the word “corporation”.

1997, c. 3, s. 14.

1.8. In this Act and the regulations, “agreed proportion”, in respect of a member of a partnership for a fiscal period of the partnership, means the proportion that the member’s share of the income or loss of the partnership for the partnership’s fiscal period is of the partnership’s income or loss for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000.

2009, c. 5, s. 7.

TITLE II RULES OF GENERAL APPLICATION

1972, c. 23.

CHAPTER I GENERALITIES

1972, c. 23.

2. Unless the context indicates otherwise, for the purposes of this Part and the regulations, words referring to the father or mother of a taxpayer include a person whose child the taxpayer is, a person whose child the taxpayer had previously been within the meaning of paragraph b of the definition of “child” in section 1, or a person who is the father or mother of the taxpayer’s spouse.

1972, c. 23, s. 2; 1973, c. 17, s. 2; 1994, c. 22, s. 42; 1995, c. 1, s. 12; 1997, c. 85, s. 33; 2006, c. 36, s. 21.

2.1. In this Act and the regulations, unless otherwise provided, where the ownership of a property is indeterminate owing to a matrimonial regime, the following rules apply:

(a)  where the property was, immediately before the regime was entered into, the property of one of the spouses subject to the regime, it is deemed to remain the property of that spouse; and

(b)  in other cases, the property is deemed to be the property of the spouse who administers it under the regime.

1979, c. 38, s. 2.

2.1.1. For the purposes of this Part and subject to sections 2.1, 2.1.2, 2.1.3 and 456.1, where at any time a property owned by two or more persons is the subject of a partition, the following rules apply, notwithstanding any retroactive or declaratory effect of such partition:

(a)  each such person who had an interest in the property immediately before that time is deemed not to have disposed at that time of that proportion, not exceeding 1, of the interest that the fair market value of that person’s interest in the property immediately after that time is of the fair market value of that person’s interest in the property immediately before that time;

(b)  each such person who has an interest in the property immediately after that time is deemed not to have acquired at that time that proportion of the interest that the fair market value of that person’s interest in the property immediately before that time is of the fair market value of that person’s interest in the property immediately after that time;

(c)  each such person who had an interest in the property immediately before that time is deemed to have had until that time, and to have disposed at that time of, that proportion of the person’s interest to which subparagraph a does not apply;

(d)  each such person who has an interest in the property immediately after that time is deemed not to have had before that time, and to have acquired at that time, that proportion of the person’s interest to which subparagraph b does not apply;

(e)  subparagraphs a to d do not apply where the interest of the person is an interest in fungible corporeal property described in that person’s inventory.

For the purposes of this section, where an interest in the property is an undivided interest, the fair market value of the interest at any time is deemed to be equal to that proportion of the fair market value of the property at that time that the interest is of all the undivided interests in the property.

1993, c. 16, s. 3; 1995, c. 49, s. 2; 2005, c. 1, s. 22.

2.1.2. Where a property owned by two or more persons is the subject of a partition among such persons and, as a consequence thereof, each such person has, in the property, a new interest the fair market value of which immediately after the partition, expressed as a percentage of the fair market value of all the interests in the property immediately after the partition, is equal to the fair market value of that person’s undivided interest immediately before the partition, expressed as a percentage of the fair market value of all the undivided interests in the property immediately before the partition, the following rules apply:

(a)  section 2.1.1 does not apply to the property, and

(b)  the new interest of each such person is deemed to be a continuation of that person’s undivided interest in the property immediately before the partition.

For the purposes of this section, the following rules apply:

(a)  subdivisions of a building or of a parcel of land that are established in the course of, or in contemplation of, a partition and that are co-owned by the same persons who co-owned the building or the parcel of land, or by their assignees, shall be regarded as one property; and

(b)  where an interest in the property is or includes an undivided interest, the fair market value of the interest shall be determined without regard to any discount or premium that may apply to a minority or majority interest in the property.

1993, c. 16, s. 3; 2005, c. 1, s. 23.

2.1.3. For the purposes of this Part and the regulations, where, as a consequence of the laws of a province relating to spouses’ interests in respect of property as a result of marriage, property is, after the death of an individual,

(a)  transferred or distributed to a person who was the individual’s spouse at the time of the death, or acquired by that person, the property is deemed to have been so transferred, distributed or acquired, as the case may be, as a consequence of the death; or

(b)  transferred or distributed to the individual’s succession, or acquired by the individual’s succession, the property is deemed to have been so transferred, distributed or acquired, as the case may be, immediately before the time that is immediately before the death.

1995, c. 49, s. 3; 1998, c. 16, s. 251; 2009, c. 5, s. 8.

2.2. For the purposes of the definitions of “joint spousal trust” and “post-1971 spousal trust” in section 1, sections 2.1, 312.3, 312.4, 313 to 313.0.5, 336.0.2, 336.0.3, 336.0.6 to 336.4, 440 to 441.2, 454, 454.1, 456.1, 462.0.1, 462.0.2 and 651, the definition of “pre-1972 spousal trust” in section 652.1, sections 653, 656.3, 656.3.1, 656.5, 657, 660, 890.0.1 and 913, subparagraph b of the second paragraph of section 961.17, sections 965.0.9, 965.0.11, 971.2 and 971.3 and Division II.11.13 of Chapter III.1 of Title III of Book IX, “spouse” and “former spouse” of a particular individual include another individual who is a party to an annulled or annullable marriage, as the case may be, with the particular individual.

1984, c. 15, s. 3; 1986, c. 15, s. 32; 1991, c. 25, s. 3; 1993, c. 16, s. 4; 1993, c. 19, s. 14; 1994, c. 22, s. 43; 1998, c. 16, s. 6; 2002, c. 6, s. 141; 2003, c. 2, s. 3; 2004, c. 21, s. 38; 2005, c. 38, s. 45.

2.2.1. In this Act and the regulations,

(a)  words referring to a spouse at any time of a taxpayer include the person of the opposite or the same sex who cohabits at that time with the taxpayer in a conjugal relationship and has so cohabited with the taxpayer throughout a 12-month period ending before that time, or would be the father or mother of a child of whom the taxpayer would be the father or mother if the definition of “child” in section 1 were read without reference to paragraph c thereof and section 2 were read without reference to the words “or a person who is the father or mother of the taxpayer’s spouse”;

(b)  references to marriage shall be read as if a conjugal relationship between two individuals who are, because of subparagraph a or of a civil union, spouses of each other were a marriage;

(c)  provisions that apply to a person who is married apply to a person who is, because of subparagraph a or of a civil union, a spouse of a taxpayer; and

(d)  provisions that apply to a person who is unmarried do not apply to a person who is, because of subparagraph a or of a civil union, a spouse of a taxpayer;

(e)  references to a matrimonial regime include a civil union regime.

For the purposes of subparagraph a of the first paragraph, where at any time the taxpayer and the person referred to in that subparagraph cohabit in a conjugal relationship, they are deemed to be so cohabiting at any particular time after that time, unless they were not cohabiting at the particular time for a period of at least 90 days that includes the particular time because of a breakdown of their conjugal relationship.

Subparagraph a of the first paragraph, as amended by section 14 of the Act to amend various legislative provisions concerning de facto spouses (1999, chapter 14), applies, notwithstanding section 40 of that Act, from a particular time of the taxation year 1998 or the part of the taxation year 1999 preceding 16 June, to a taxpayer and a person of the same sex that would have been the person’s spouse at that time if the Act to amend various legislative provisions concerning de facto spouses had then been in force, where the taxpayer and the person made jointly a valid election under section 144 of the Modernization of Benefits and Obligations Act (Statutes of Canada, 2000, chapter 12) for the taxation year that includes the particular time.

A copy of every document sent to the Minister of National Revenue in connection with the election referred to in the third paragraph must be filed with the Minister on or before the taxpayer’s and the person’s filing-due date for the taxation year that includes 20 December 2001.

Notwithstanding sections 1010 to 1011, the Minister shall make such assessments, reassessments or additional assessments of tax, interest and penalties and such determinations and redeterminations as are necessary for any taxation year to take into account the application of the third paragraph.

1994, c. 22, s. 44; 1995, c. 1, s. 13; 1995, c. 49, s. 4; 1999, c. 14, s. 14; 2000, c. 5, s. 5; 2001, c. 53, s. 2; 2002, c. 6, s. 142.

2.2.2. (Repealed).

1994, c. 22, s. 44; 2000, c. 5, s. 6.

2.3. Where a document has been issued or a contract has been entered into before 31 July 1997 purporting to create, to establish, to extinguish or to be in substitution for, a taxpayer’s right to an amount or amounts, immediately or in the future, out of or under a pension plan, the following rules apply:

(a)  where the rights provided for in the document or contract are rights provided for by the pension plan or are rights to a payment or payments out of the pension plan, and the taxpayer acquired an interest under the document or contract before that date, any payment under the document or contract is deemed to be a payment out of or under the pension plan and the taxpayer is deemed not to have received, on the issuance of the document or the entering into the contract, an amount out of or under a pension plan; and

(b)  where the rights created or established by the document or contract are not rights provided for by the pension plan or rights to a payment or payments out of the pension plan, the taxpayer is deemed to have received an amount out of or under the pension plan equal to the value of the rights created or established by the document or contract when the document was issued or the contract was entered into.

1991, c. 25, s. 4; 2000, c. 5, s. 7.

3. “Death benefit” means the amount by which the aggregate of amounts received by a taxpayer in a taxation year upon or after the death of an employee in recognition of the employee’s service in an office or employment exceeds the amount determined under section 4.

1972, c. 23, s. 3; 1982, c. 17, s. 48; 1986, c. 19, s. 2.

4. The amount which a taxpayer shall subtract from the amount determined under section 3 is,

(a)  where the taxpayer is the only person who has received an amount under section 3, the lesser of

i.  the aggregate of all amounts so received by the taxpayer in the year, and

ii.  the amount, if any, by which $10,000 exceeds the aggregate of all amounts received by the taxpayer in preceding taxation years upon or after the death of the employee in recognition of the employee’s service in an office or employment;

(b)  in all other cases, the lesser of

i.  the aggregate of all amounts so received by the taxpayer in the year, and

ii.  such proportion of $10,000 as the aggregate described in subparagraph i is of the aggregate of all amounts received by all taxpayers at any time upon or after the death of the employee in recognition of the employee’s service in an office or employment.

1972, c. 23, s. 4; 1986, c. 19, s. 2; 1994, c. 22, s. 45; 1997, c. 14, s. 11.

5. When in this Part, a reference is made to a taxation year by identifying it with a calendar year, this reference contemplates the taxation year which coincides with that calendar year or ends therein.

1972, c. 23, s. 5.

5.1. (Repealed).

1990, c. 59, s. 5; 1997, c. 3, s. 15; 2009, c. 15, s. 27.

5.2. (Repealed).

1990, c. 59, s. 5; 1997, c. 3, s. 71; 2009, c. 15, s. 27.

6. The reference to a taxation year ending in another year includes a reference to a taxation year the end of which coincides with that of such other year.

The reference to a fiscal period ending in a taxation year includes a reference to a fiscal period the end of which coincides with the end of that taxation year.

1972, c. 23, s. 6; 1986, c. 15, s. 33; 1996, c. 39, s. 11.

6.1. If a corporation’s fiscal period referred to in the second or fourth paragraph of section 7 exceeds 365 days, otherwise than because of an election described in paragraph c of subsection 3.1 or 4 of section 249 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), and for that reason the corporation does not have a taxation year that ends in a particular calendar year, for the purposes of this Part the corporation’s first taxation year ending in the calendar year that follows the particular calendar year is deemed to end on the last day of the particular calendar year.

1979, c. 18, s. 2; 1997, c. 3, s. 71; 2009, c. 5, s. 9.

6.1.1. If at a particular time a corporation becomes or ceases to be a Canadian-controlled private corporation, otherwise than because of an acquisition of control to which section 6.2 would, but for this section, apply and subsections 3.1 and 4 of section 249 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) do not apply to the corporation in respect of the change of status, the following rules apply:

(a)  the corporation’s taxation year that would, but for this section, include the particular time is deemed to end immediately before that time; and

(b)  a new taxation year of the corporation is deemed to begin at the particular time and end at the time at which the corporation’s taxation year (determined for the purposes of the Income Tax Act) that includes the particular time, ends.

Chapter V.2 applies in relation to an election made under subparagraph iii of paragraph c of subsection 3.1 of section 249 of the Income Tax Act.

2009, c. 5, s. 10.

6.2. For the purposes of this Part, if at a particular time control of a corporation (other than a corporation that is a foreign affiliate of a taxpayer resident in Canada and that did not carry on a business in Canada in its last taxation year beginning before the particular time) has been acquired by a person or group of persons and subsection 4 of section 249 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) does not apply to the corporation in respect of the acquisition of control, the following rules apply:

(a)  the corporation’s taxation year that would, but for this subparagraph, have included the particular time is deemed to have ended immediately before that time; and

(b)  a new taxation year of the corporation is deemed to begin at the particular time and end at the time at which the corporation’s taxation year (determined for the purposes of the Income Tax Act) that includes the particular time, ends.

Chapter V.2 applies in relation to an election made under paragraph c of subsection 4 of section 249 of the Income Tax Act.

1989, c. 77, s. 3; 1993, c. 16, s. 5; 1995, c. 49, s. 5; 1996, c. 39, s. 12; 1997, c. 3, s. 71; 2004, c. 8, s. 5; 2009, c. 5, s. 11.

6.3. Subject to the second paragraph, the period for which a testamentary trust’s accounts are made up for purposes of assessment under this Part may not exceed 12 months and no change in the time at which that period ends may be made without the concurrence of the Minister.

However, the first paragraph does not apply in respect of a period for which a testamentary trust’s accounts are made up for purposes of assessment under this Part that, in accordance with subparagraph i or ii of paragraph c of the definition of “taxation year” in section 1, ends at the time at which the period for which the testamentary trust’s accounts are made up for the purposes of assessment under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), ends.

For the purposes of paragraph c of the definition of “taxation year” in section 1, the period, including a particular day, for which a testamentary trust’s accounts are made up for purposes of assessment under the Income Tax Act is deemed to end at the time at which the taxation year of the trust that includes that day is deemed to end, for the purposes of that Act.

2009, c. 5, s. 12.

6.4. If, at a particular time after 20 December 2002, the taxation year (determined for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.))) of a trust or succession is deemed to end, in accordance with paragraph b of subsection 6 of section 249 of that Act and for the purposes of that Act, immediately before the particular time, a new taxation year of the trust or succession is deemed to have begun at the particular time.

2009, c. 5, s. 12.

7. Subject to the second, third and fourth paragraphs, in this Part and the regulations, unless the context indicates otherwise, “fiscal period” of a business or a property of a person or partnership means the period for which the person’s or partnership’s accounts in respect of the business or property are made up for purposes of assessment under this Part.

A fiscal period of a business or property of a person or partnership, other than a fiscal period referred to in the third or fourth paragraph, may not end

(a)  in the case of a business or a property of a corporation, more than 53 weeks after the period began;

(b)  in any of the following cases, after the end of the calendar year in which the period began unless, in the case of a business, the business is not carried on in Canada, is a prescribed business or is carried on by a prescribed person or partnership:

i.  a business or property of an individual, other than an individual in respect of whom any of sections 980 to 999.1 applies or other than a testamentary trust,

i.1.  a business or property of an inter vivos trust, other than a fiscal period in respect of which subparagraph c of the first paragraph of section 1121.7, as it read in respect of the fiscal period, applies,

ii.  a business or property of a particular partnership of which an individual, other than an individual in respect of whom any of sections 980 to 999.1 applies or other than a testamentary trust, a professional corporation, or a partnership in respect of which this subparagraph applies, would, if the fiscal period of the particular partnership ended at the end of the calendar year in which the period began, be a member in the fiscal period, or

iii.  a business or property of a professional corporation that would, if the fiscal period ended at the end of the calendar year in which the period began, be in the fiscal period a member of a partnership in respect of which subparagraph ii applies;

(c)  in any other case, more than 12 months after the period began.

A fiscal period of a business or property of a person or partnership that consists in a period that begins at a particular time after 20 December 2006 must end at the end of the period, including that time, that is a fiscal period of the business or property for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

In addition, the particular fiscal period of a business or property of a person or partnership that consists in a period that includes 20 December 2006 must end at the end of the period, including that day, that is a fiscal period of the business or property for the purposes of the Income Tax Act, unless the fiscal period of the business or property (determined for the purposes of the Income Tax Act) that includes 20 December 2006, ends, in the case of a corporation, more than 53 weeks after the time at which the particular fiscal period begins and, in any other case, more than 12 months after that time.

For the purposes of the third and fourth paragraphs, a fiscal period of a corporation that, for the purposes of the Income Tax Act, includes a particular day is deemed to end at the time at which the taxation year of the corporation that includes that day is deemed to end, for the purposes of that Act.

For the purposes of this section, the activities of a person in respect of whom any of sections 980 to 999.1 applies are deemed to be a business.

1972, c. 23, s. 7; 1997, c. 3, s. 71; 1997, c. 31, s. 3; 2001, c. 53, s. 3; 2004, c. 8, s. 6; 2009, c. 5, s. 13.

7.0.1. For the purposes of subparagraph ii of subparagraph b of the second paragraph of section 7 and of section 7.0.3, a person or partnership that would not have a share of any income or loss of a partnership for a fiscal period of the partnership, if the fiscal period ended at the end of the calendar year in which it began, is deemed not to be a member of the partnership in that fiscal period.

1997, c. 31, s. 4.

7.0.2. Where a fiscal period of a business or a property of a person or partnership ends at a particular time, the subsequent fiscal period of the business or property of the person or partnership is deemed to begin immediately after that time.

1997, c. 31, s. 4.

7.0.3. Where a business is carried on, throughout the period of time that began at the beginning of a particular fiscal period referred to in the second paragraph of section 7, of the business, that includes a particular day, and ended at the end of the calendar year in which the fiscal period began, by an individual, otherwise than as a member of a partnership, or by an individual as a member of a partnership if, throughout that period of time, each member of the partnership is an individual and the partnership is not a member of another partnership, and where the individual makes, after 19 December 2006, a valid election under subsection 4 of section 249.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the fiscal period or a previous fiscal period, subparagraph b of the second paragraph of section 7 does not apply to the particular fiscal period and the particular fiscal period must end at the end of the period that includes the particular day and that is a fiscal period of the business for the purposes of the Income Tax Act.

Chapter V.2 applies in relation to an election made under subsection 4 of section 249.1 of the Income Tax Act in respect of a fiscal period referred to in the second paragraph of section 7 or in relation to an election made under this section before 20 December 2006.

1997, c. 31, s. 4; 2009, c. 5, s. 14.

7.0.4. The first paragraph of section 7.0.3 does not apply to a particular fiscal period of a business where, in a preceding fiscal period or throughout the period of time that began at the beginning of the particular fiscal period and ended at the end of the calendar year in which the particular fiscal period began, the expenditures made in the course of carrying on the business were primarily the cost or capital cost of tax shelter investments, within the meaning of section 851.38.

1997, c. 31, s. 4; 2001, c. 7, s. 2; 2009, c. 5, s. 15.

7.0.5. The first paragraph of section 7.0.3 does not apply to a fiscal period of a business carried on by an individual if the individual makes, after 19 December 2006, a valid election under subsection 6 of section 249.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) that applies in respect of the fiscal period.

Chapter V.2 applies in relation to an election made under subsection 6 of section 249.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1997, c. 31, s. 4; 2009, c. 5, s. 16.

7.0.6. For the purposes of this Part, no change in the time when a fiscal period referred to in the second paragraph of section 7 ends may be made without the concurrence of the Minister.

1997, c. 31, s. 4; 2009, c. 5, s. 17.

7.1. A transfer, distribution or acquisition of property is deemed, for the purposes of this Part, to be made as a consequence of the death of a taxpayer or of the taxpayer’s spouse if it is made

(a)  under or as a consequence of the terms of the will or other testamentary instrument of the taxpayer or the taxpayer’s spouse or as a consequence of the law governing the intestacy of the taxpayer or the taxpayer’s spouse; or

(b)  as a consequence of a disclaimer, release or surrender by a person who was a beneficiary under the will or other testamentary instrument or on the intestacy of the taxpayer or the taxpayer’s spouse.

1986, c. 19, s. 3; 1994, c. 22, s. 46; 1996, c. 39, s. 273; 1998, c. 16, s. 7; 2009, c. 5, s. 18.

7.2. A release or surrender by a person who was a beneficiary under the will or other testamentary instrument or on the intestacy of a taxpayer with respect to any property that was property of the taxpayer immediately before the taxpayer’s death is deemed, for the purposes of this Part, not to be a disposition of the property by that person.

1986, c. 19, s. 3; 1994, c. 22, s. 47; 1998, c. 16, s. 8.

7.3. For the purposes of sections 7.1 and 7.2, the expression “release or surrender” means

(a)  a release or surrender made under the laws of a province other than Québec, that does not direct in any manner who is entitled to benefit therefrom and that is made within the period ending 36 months after the death of the taxpayer or, where written application therefor has been made to the Minister by the taxpayer’s legal representative within that period, within such longer period as the Minister considers reasonable in the circumstances;

(b)  a gift inter vivos made under the laws of Québec of an interest in, or right to property of, a succession that is made within the period referred to in paragraph a to the person or persons who would have benefited if the donor had made a renunciation of the succession that was not made in favour of any person.

1986, c. 19, s. 3.

7.4. In section 7.1, “disclaimer” means a disclaimer made under the laws of a province other than Québec and includes a renunciation of a succession made under the laws of Québec that is not made in favour of any person, but does not include any disclaimer or renunciation, as the case may be, made after the period ending 36 months after the death of the taxpayer unless written application therefor has been made to the Minister by the taxpayer’s legal representative before the expiry of that period and the disclaimer or renunciation, as the case may be, is made within such longer period as the Minister considers reasonable.

1986, c. 19, s. 3; 1995, c. 49, s. 6; 1996, c. 39, s. 273.

7.4.1. In this Part and the regulations, a trust is deemed to be created by an individual’s will if the trust is created by an order of a court in relation to the individual’s succession made under any law of a province that provides for the relief or support of dependants of an individual.

1994, c. 22, s. 48; 1998, c. 16, s. 251.

7.4.2. For the purposes of this Part and the regulations, property is deemed not to have become vested indefeasibly in an individual other than a trust or in a trust under which the taxpayer’s spouse is a beneficiary, where the trust is created by the will of the taxpayer, unless the property became so vested before the death of the individual or of the taxpayer’s spouse, as the case may be.

1994, c. 22, s. 48.

7.5. Except as otherwise provided in this Part, where an amount or a number is required under this Part to be determined or calculated by or in accordance with an algebraic formula, if the amount or number when so determined or calculated would, but for this section, be a negative amount or number, it is deemed to be nil.

1989, c. 5, s. 21.

7.6. Notwithstanding any other provision of this Act, where the Minister and another person who is a party to a convention or agreement referred to in subsection 1 of section 115.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) have entered into a particular agreement with respect to the taxation of the other person in relation to matters referred to in the convention or agreement, all determinations made in accordance with the terms and conditions of the particular agreement are deemed to be in accordance with this Act.

Where rights and obligations under the particular agreement described in the first paragraph have been transferred to another person with the concurrence of the Minister, that other person is deemed, for the purposes of the first paragraph, to have entered into the particular agreement with the Minister.

1989, c. 77, s. 4; 1994, c. 22, s. 49.

7.7. For the purposes of this Part, one bond, debenture, bill, note or similar obligation issued by a person is identical to another such obligation issued by that person if both are identical in respect of all rights, either immediately or in the future and either absolutely or contingently, attaching thereto, except as regards the principal amount of the obligation.

1990, c. 59, s. 6.

7.8. For the purposes of sections 21.4.3, 21.5 to 21.11, paragraph f of section 21.11.16, sections 21.12 to 21.16, 508, where the latter section applies to a reduction of the paid-up capital in respect of a term preferred share, 508.1 and 740.7, where after 12 November 1981 a person has an interest in a trust or partnership, whether directly or indirectly through an interest in any other trust or partnership or in any manner whatever, that person is deemed to be a beneficiary of the trust or a member of the partnership, as the case may be.

1990, c. 59, s. 6; 1997, c. 3, s. 71.

7.9. For the purposes of this Part and the regulations, the following rules apply, subject to section 7.9.1:

(a)  a usufruct is deemed to be a trust, established by will where the usufruct was so established, and property subject to a usufruct is deemed to have been transferred to the trust and to be held in trust and not otherwise;

(b)  a right of use is deemed to be a trust, established by will where the right was so established, and property subject to such a right is deemed to have been transferred to the trust and to be held in trust and not otherwise;

(c)  a substitution is deemed to be a trust, established by will where the substitution was so established, and property subject to a substitution is deemed to have been transferred to the trust and to be held in trust and not otherwise;

(d)  property referred to in paragraphs a to c is deemed to have been transferred on the death of the testator and as a consequence thereof where the usufruct, the right of use or the substitution, as the case may be, was established by will.

1993, c. 16, s. 6; 1994, c. 22, s. 50; 2003, c. 9, s. 11; 2004, c. 8, s. 7.

7.9.1. Paragraphs a and b of section 7.9 do not apply in respect of a recognized gift with reserve of usufruct or use.

2003, c. 9, s. 12.

7.10. For the purposes of this Part and the regulations, an arrangement other than a trust is deemed to be a trust and property subject to rights and obligations under the arrangement is deemed to be held in trust and not otherwise, if the arrangement meets the following conditions:

(a)  it is established by or pursuant to a written contract that is governed by the laws of Québec and in which it is provided that, for the purposes of this Part, the arrangement is considered to be a trust;

(b)  it creates rights and obligations that are substantially similar to the rights and obligations under a trust, determined without reference to sections 7.9 to 7.11.

1993, c. 16, s. 6; 2004, c. 8, s. 8.

7.11. For the purposes of this Part and the regulations, the following rules apply:

(a)  a person who has a right, whether immediate or future and whether absolute or contingent, to receive all or any part of the income or capital in respect of property referred to in section 7.9 or 7.10 is deemed to be beneficially interested in the trust referred to in that section; and

(b)  a person who at any particular time and in relation to a property, has a right of ownership, a right in an emphyteutic lease or a beneficial interest in a trust is deemed, even if the property is subject to a servitude, to have beneficial ownership of the property at that time.

1993, c. 16, s. 6; 1996, c. 39, s. 273; 2004, c. 8, s. 9.

7.11.0.1. Sections 7.9, 7.10 and 7.11 do not apply to a usufruct or a right of use of an immovable property when a taxpayer disposes of the bare ownership of the immovable property in the course of a gift to a donee described in any of the definitions of “total charitable gifts”, “total Crown gifts” and “total gifts of qualified property” in the first paragraph of section 752.0.10.1 and retains, for life, the usufruct or the right of use.

2009, c. 5, s. 19.

7.11.1. For the purposes of this Part and the regulations, the following rules apply:

(a)  a person or partnership beneficially interested in a particular trust includes any person or partnership that has any right, whether immediate or future, whether absolute or contingent or whether conditional on or subject to the exercise of any discretionary power by any person or partnership, as a beneficiary under a trust to receive all or any part of the income or capital of the particular trust either directly from the particular trust or indirectly through one or more trusts or partnerships;

(b)  except for the purposes of this subparagraph, a particular person or partnership is deemed to be beneficially interested in a particular trust at a particular time where

i.  the particular person or partnership is not beneficially interested in the particular trust at the particular time,

ii.  because of the terms or conditions of the particular trust or any agreement in respect of the particular trust at the particular time, the particular person or partnership might, because of the exercise of any discretion by any person or partnership, become beneficially interested in the particular trust at the particular time or at a later time, and

iii.  at or before the particular time, either the particular trust has acquired property, directly or indirectly in any manner whatever, from a person or partnership described in the second paragraph, or a person or partnership described in that paragraph has given a guarantee on behalf of the particular trust or provided any other financial assistance whatever to the particular trust; and

(c)  a member of a partnership that is beneficially interested in a trust is deemed to be beneficially interested in the trust.

The person or partnership to which subparagraph iii of subparagraph b of the first paragraph refers is

(a)  the particular person or partnership;

(b)  another person with whom the particular person or partnership, or a member of the particular partnership, does not deal at arm’s length;

(c)  a person or partnership with whom the other person referred to in subparagraph b does not deal at arm’s length;

(d)  a controlled foreign affiliate of the particular person or of another person with whom the particular person or partnership, or a member of the particular partnership, does not deal at arm’s length; or

(e)  a corporation not resident in Canada that would, if the particular partnership were a corporation resident in Canada, be a controlled foreign affiliate of the particular partnership.

1994, c. 22, s. 51; 1995, c. 49, s. 7; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 9; 2001, c. 7, s. 3.

7.11.2. Without restricting the personal liabilities under this Act of the trustees of the trusts mentioned hereinafter or the application of section 656.9 or paragraph f of section 769, where a particular trust transfers property at a particular time to another trust, other than a trust governed by a registered retirement savings plan or by a registered retirement income fund, in circumstances to which subparagraph b of the second paragraph of section 248 applies, the other trust is deemed to be after that time the same trust as, and a continuation of, the particular trust.

If the property referred to in the first paragraph is deemed to be taxable Canadian property of the particular trust because of subparagraph d of the first paragraph of section 301, any of sections 521, 538 and 540.4, paragraph b of section 540.6, section 554, subparagraph c of the second paragraph of section 614, subparagraph d.1 of the first paragraph of section 688 or paragraph d of section 688.4, the property is deemed to be taxable Canadian property of the other trust.

2003, c. 2, s. 4; 2009, c. 5, s. 20; 2010, c. 25, s. 5.

7.11.3. Except for the purposes of this section, where at a particular time property is transferred to a trust in circumstances to which subparagraph g of the second paragraph of section 248 applies, the trust is deemed to act as agent or mandatary for the transferor in respect of the property throughout the period that begins at the time of the transfer and ends at the time of the first change after that time in the beneficial ownership of the property.

2003, c. 2, s. 4.

7.11.4. Where a trust issues a unit of the trust to a taxpayer directly in consideration of a right to enforce payment of an amount by the trust in respect of the taxpayer’s capital interest in the trust, the cost to the taxpayer of the unit is deemed to be equal to that amount where

(a)  at the time the unit is issued, the trust is neither a personal trust nor a trust prescribed for the purposes of section 688; and

(b)  the unit meets either of the following conditions:

i.  the unit is capital property and that amount is not proceeds of disposition of a capital interest in the trust, or

ii.  the unit is not capital property and subparagraph i.1 of paragraph n of section 257 does not apply in respect of that amount but would so apply if that subparagraph i.1 were read without reference to subparagraphs 1 to 3 thereof.

2003, c. 2, s. 4; 2009, c. 5, s. 21.

7.11.5. Where at a particular time a taxpayer’s capital interest in a trust includes a right to enforce payment of an amount by the trust, the amount shall be added at the particular time to the cost otherwise determined to the taxpayer of the capital interest where

(a)  immediately after the particular time, the taxpayer disposes of the capital interest;

(b)  as a consequence of the disposition, the right to enforce payment of the amount is acquired by another person or partnership; and

(c)  if the right to enforce payment of the amount had been satisfied by a payment to the taxpayer by the trust, there would have been no disposition of that right for the purposes of this Part by reason of the application of subparagraph e of the second paragraph of section 248.

2003, c. 2, s. 4.

7.12. For greater certainty, it is hereby declared that, unless specifically permitted by this Part, neither the equity nor the consolidation method of accounting shall be used to determine any amount for the purposes of this Part.

1993, c. 16, s. 6.

7.13. Where a tax agreement between Québec and a particular country that has force of law in Québec provides for an income tax privilege, other than an income tax exemption, this Act and the regulations shall be applied on the assumption that they contain such provisions as are necessary for the granting of such a privilege.

1993, c. 16, s. 6.

7.14. The application of this Act and the regulations is not affected by article 77 of the Civil Code as regards the determination of whether or not a person is resident in Québec, in Canada or elsewhere.

1994, c. 22, s. 52.

7.15. All the structural units of a trade union, including each local, branch, national and international unit, are deemed to be a single employer and a single entity for the purposes of the provisions of this Part, and the regulations, relating to the determination of whether a contribution made under a plan or arrangement is a resident’s contribution within the meaning of section 890.6.1.

1995, c. 49, s. 8.

7.16. Where at a particular time a person or partnership, in this section referred to as the “debtor”, becomes liable to repay money borrowed by the debtor or becomes liable to pay an amount, other than interest, as consideration for any property acquired by the debtor or services rendered to the debtor, or that is deductible in computing the debtor’s income, for the purpose of applying this Part relating to the liability, the liability is deemed to be an obligation, issued at that time by the debtor, that has a principal amount at that time equal to the amount of the liability at that time.

1996, c. 39, s. 13; 1997, c. 3, s. 71.

7.17. For the purposes of this Part,

(a)  unless the context requires otherwise, an obligation issued by a debtor includes any part of a larger obligation that was issued by the debtor;

(b)  the principal amount of that part is deemed to be the portion of the principal amount of that larger obligation that relates to that part; and

(c)  the amount for which that part was issued is deemed to be the portion of the amount for which that larger obligation was issued that relates to that part.

1996, c. 39, s. 13.

7.18. For the purposes of this Part, where in a taxation year a person who is not resident in Canada carries on an activity, or disposes of a property, described in the second paragraph, the person is deemed to carry on business in Canada in the year in respect of the activity or disposition.

For the purposes of the first paragraph,

(a)  an activity to which that paragraph refers is an activity that consists

i.  in producing, growing, mining, creating, manufacturing, fabricating, improving, packing, preserving or constructing, in whole or in part, anything in Canada whether or not the person exports that thing without disposing of it before exportation, or

ii.  in soliciting orders or offering anything for sale in Canada through an agent or servant, whether the contract or transaction is to be completed inside or outside Canada or partly in and partly outside Canada; and

(b)  a property to which that paragraph refers is

i.  Canadian resource property, except where an amount in respect of the disposition thereof is included in computing an amount determined under paragraph e of section 330 on account of an amount deducted under section 412 in computing the cumulative Canadian development expenses at the end of a taxation year or under section 418.12 on account of an amount deducted under section 418.6 in computing the cumulative Canadian oil and gas property expenses at the end of a taxation year,

ii.  property, other than depreciable property, that is a timber resource property or an interest therein or option in respect thereof, or

iii.  property, other than capital property, that is an immovable property situated in Canada, including an interest therein or option in respect thereof, whether or not the property is in existence.

1997, c. 14, s. 12.

7.18.1. For the purposes of subparagraph ii of paragraph b of section 649, paragraph c of section 898.1.1, sections 905.0.11 and 935.22, subparagraphs i to iv of paragraph c.2 of section 998, paragraph b of sections 1117 and 1120 and any regulations made under paragraphs c.3 and c.4 of section 998 and under section 1108, where a trust or corporation holds an interest as a member of a partnership and, by operation of any law governing the arrangement in respect of the partnership, the liability of the member as a member of the partnership is limited, the member shall not, solely because of its acquisition and holding of that interest, be considered to carry on any business or other activity of the partnership.

2004, c. 8, s. 10; 2009, c. 5, s. 22; 2009, c. 15, s. 28.

7.19. Except as otherwise provided, no provision of this Act shall be read or construed

(a)  to require the inclusion or permit the deduction, either directly or indirectly, in computing a taxpayer’s income, taxable income or taxable income earned in Canada, for a taxation year or in computing a taxpayer’s income or loss for a taxation year from a source in Canada or from sources in another place, of any amount to the extent that the amount has already been directly or indirectly included or deducted, as the case may be, in computing such income, taxable income, taxable income earned in Canada or loss, for the year or any preceding taxation year;

(b)  to permit the deduction, either directly or indirectly, in computing a taxpayer’s taxes payable under this Act for a taxation year of any amount to the extent that the amount has already been directly or indirectly deducted in computing such taxes payable for the year or any preceding taxation year; or

(c)  to consider an amount to have been paid on account of a taxpayer’s taxes payable under this Act for a taxation year to the extent that the amount has already been considered to have been paid on account of such taxes payable for the year or any preceding taxation year.

Subparagraph a of the first paragraph does not apply to prevent a taxpayer from deducting, in computing the taxpayer’s income for a taxation year, an amount the taxpayer pays in the year as a reimbursement of an amount the taxpayer deducted in computing the taxpayer’s taxable income for a preceding taxation year.

1997, c. 31, s. 5; 2005, c. 38, s. 46.

7.19.1. For the purposes of this Act, if a particular provision of the Act refers to a valid election made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) and the Minister of National Revenue has agreed, in giving effect to an application filed for that purpose by a person, legal representative or partnership otherwise than under a provision of the Income Tax Act that specifically provides for such an application, to allow, for the purposes of that Act, the election provided for in the provision of that Act to which the particular provision refers to be made late, amended or rescinded at any time, the following rules apply:

(a)  the election made late or the election, in its amended form, is deemed to be a valid election made at that time; and

(b)  the election, before its being amended, or the election that has been rescinded, is deemed never to have been made.

Sections 21.4.14 and 21.4.15 apply, with the necessary modifications, to this section.

2009, c. 5, s. 23.

CHAPTER I.1 RULES RELATING TO GIFTS

2009, c. 5, s. 23.

7.20. The existence of an amount of an advantage in respect of a transfer of property does not disqualify the transfer from being a gift to a qualified donee, provided that

(a)  the amount of the advantage does not exceed 80% of the fair market value of the transferred property; or

(b)  the transferor of the property establishes to the satisfaction of the Minister that the transfer was made with the intention to make a gift.

2009, c. 5, s. 23.

7.21. The eligible amount of a gift is equal to the amount by which the fair market value of the property that is the subject of the gift exceeds the amount of the advantage, if any, in respect of the gift.

However, if a taxpayer disposes of the bare ownership of a work of art or of a cultural property described in the third paragraph of section 232 in the course of a recognized gift with reserve of usufruct or use, the eligible amount of the gift is equal to the amount by which the fair market value of the gift, determined under the rules of paragraph b of section 710.4 or 752.0.10.4.2, exceeds the amount of the advantage in respect of the gift, other than the usufruct or right of use.

2009, c. 5, s. 23.

7.22. The amount of the advantage in respect of a gift made by a taxpayer is equal to the aggregate of

(a)  the aggregate of all amounts, other than an amount referred to in paragraph b, each of which is an amount equal to the value, at the time the gift is made, of a property, service, compensation, use or other benefit that the taxpayer, or a person or partnership who does not deal at arm’s length with the taxpayer, has received, obtained or enjoyed, or is entitled, either immediately or in the future and either absolutely or contingently, to receive, obtain, or enjoy

i.  that is consideration for the gift,

ii.  that is in gratitude for the gift, or

iii.  that is in any other way related to the gift; and

(b)  the limited-recourse debt, determined under section 851.41.1, in respect of the gift at the time the gift is made.

2009, c. 5, s. 23.

7.23. The cost to a taxpayer of a property, acquired by the taxpayer in circumstances where section 7.22 applies to include the value of the property in computing the amount of the advantage in respect of a gift, is equal to the fair market value of the property at the time the gift is made.

2009, c. 5, s. 23.

7.24. If at any time in a taxation year a taxpayer has paid an amount (in this section referred to as the “repaid amount”), on account of the principal amount of an indebtedness which was, before that time, an unpaid principal amount that was a limited-recourse debt referred to in section 851.41.1 (in this section referred to as the “former limited-recourse debt”), in respect of a gift (in this section referred to as the “original gift”) of the taxpayer, otherwise than by way of an assignment or transfer of a guarantee, security or similar covenant, or by way of a payment in respect of which a taxpayer referred to in section 851.41.1 has incurred an indebtedness that would be a limited-recourse debt referred to in that section if that indebtedness were in respect of a gift made at the time that that indebtedness was incurred, the taxpayer is deemed, for the purposes of sections 710 to 716.0.3 and 752.0.10.1 to 752.0.10.18 and if the former limited-recourse debt is in respect of the original gift, to have made in the taxation year a gift to a qualified donee, the eligible amount of which deemed gift is equal to the amount by which the amount that would have been the eligible amount of the original gift, if the aggregate of all such repaid amounts paid at or before that time were paid immediately before the original gift was made, exceeds the aggregate of the eligible amount of the original gift and the eligible amount of all other gifts deemed under this section to have been made before that time in respect of the original gift.

2009, c. 5, s. 23.

7.25. For the purposes of section 7.21, paragraph c of section 422 and sections 716 and 752.0.10.12, the fair market value of a property that is the subject of a gift made by a taxpayer to a qualified donee is deemed to be equal to the lesser of the fair market value of the property otherwise determined and the cost or, in the case of a capital property, the adjusted cost base, of the property to the taxpayer immediately before the gift is made if

(a)  the taxpayer acquired the property under a gifting arrangement that is a tax shelter as defined in section 1079.1; or

(b)  unless the gift is made as a consequence of the taxpayer’s death,

i.  the taxpayer acquired the property less than 3 years before the day that the gift is made, or

ii.  the taxpayer acquired the property less than 10 years before the day that the gift is made and it is reasonable to conclude that, at the time the taxpayer acquired the property, one of the main reasons for the acquisition was to make a gift of the property to a qualified donee.

2009, c. 5, s. 23.

7.26. If a taxpayer acquired a property that is the subject of a gift to which section 7.25 applies because of subparagraph i or ii of paragraph b of that section and the property was, at any time within the 3-year or 10-year period that ends when the gift is made, acquired by a person or partnership with whom the taxpayer does not deal at arm’s length, for the purpose of applying section 7.25 to the taxpayer, the cost or, in the case of a capital property, the adjusted cost base, of the property to the taxpayer immediately before the gift is made is deemed to be equal to the lowest amount that is the cost or, in the case of a capital property, the adjusted cost base, to the taxpayer or that person or partnership immediately before the property was disposed of by that person or partnership.

2009, c. 5, s. 23.

7.27. Section 7.25 does not apply to a gift

(a)  of a property described in an inventory;

(b)  of an immovable property situated in Canada;

(c)  of a cultural property described in the third paragraph of section 232;

(d)  of a property to which section 231.2 would apply, if the portion of paragraph a of that section before subparagraph i were read without reference to “, other than a private foundation,”;

(e)  of a share of the capital stock of a corporation if

i.  the share was issued by the corporation to the donor,

ii.  immediately before the gift, the corporation was controlled by the donor, a person related to the donor or a group of persons each of whom is related to the donor, and

iii.  section 7.25 would not have applied in respect of the consideration for which the share was issued had that consideration been donated by the donor to the qualified donee when the share was so donated;

(f)  by a corporation of a property if

i.  the property was acquired by the corporation in circumstances to which section 518 or 529 applied,

ii.  immediately before the gift, the shareholder from whom the corporation acquired the property controlled the corporation or was related to a person or each member of a group of persons that controlled the corporation, and

iii.  section 7.25 would not have applied in respect of the property had the property not been transferred to the corporation and had the shareholder made the gift to the qualified donee when the corporation so made the gift;

(g)  of a property that was acquired in circumstances where any of sections 440, 444, 454, 459 and 460 applied, unless section 7.26 would have applied if this section were read without reference to this paragraph;

(h)  of a work of art to a Québec museum;

(i)  of the bare ownership of a work of art or of a cultural property described in the third paragraph of section 232; or

(j)  of a musical instrument to an entity referred to in the definition of “total musical instrument gifts” in the first paragraph of section 752.0.10.1.

2009, c. 5, s. 23.

7.28. The eligible amount of a gift of a property by a taxpayer is equal to zero if it can reasonably be concluded that the gift relates to a transaction or series of transactions

(a)  one of the purposes of which is to avoid the application of section 7.25 to the gift of a property; or

(b)  that would, if this Part were read without reference to this paragraph, result in a tax benefit to which section 1079.10 applies.

2009, c. 5, s. 23.

7.29. If a taxpayer disposes of a property (in this section referred to as the “substantive gift”) that is a capital property or an incorporeal capital property of the taxpayer, to a recipient that is a qualified donee, section 7.25 would have applied in respect of the substantive gift if it had been the subject of a gift by the taxpayer to a qualified donee, and all or a part of the proceeds of disposition of the substantive gift are, or are substituted, directly or indirectly in any manner whatever, for, property that is the subject of a gift by the taxpayer to the recipient or any person not dealing at arm’s length with the recipient, the following rules apply:

(a)  for the purposes of section 7.21, the fair market value of the property that is the subject of the gift made by the taxpayer is deemed to be equal to that proportion of the lesser of the fair market value of the substantive gift and the cost or, if the substantive gift is a capital property of the taxpayer, the adjusted cost base, of the substantive gift to the taxpayer immediately before the disposition to the recipient, that the fair market value otherwise determined of the property that is the subject of the gift is of the proceeds of disposition of the substantive gift;

(b)  if the substantive gift is a capital property of the taxpayer, for the purposes of subparagraph f of the first paragraph of section 93 and section 251, the sale price of the substantive gift is to be reduced by the amount by which the fair market value of the property that is the subject of the gift, determined without reference to this chapter, exceeds the fair market value determined under paragraph a; and

(c)  if the substantive gift is an incorporeal capital property of the taxpayer, the amount included in computing an excess amount referred to in subparagraph b of the second paragraph of section 107 is to be reduced by the amount by which the fair market value of the property that is the subject of the gift, determined without reference to this chapter, exceeds the fair market value determined under paragraph a.

2009, c. 5, s. 23.

7.30. Section 7.20 does not apply in respect of a gift made by a registered charity to a qualified donee.

2009, c. 5, s. 23.

7.31. Despite section 7.21, the eligible amount of a gift made by a taxpayer is equal to zero if the taxpayer does not, before a receipt referred to in section 712 or 752.0.10.3 is issued in respect of the gift, inform the qualified donee or the recipient of any circumstances in respect of which any of sections 7.21, 7.25, 7.26, 7.28 and 7.29 causes the eligible amount of the gift to be less than the fair market value, determined without reference to sections 7.25, 716 and 752.0.10.12, of the property that is the subject of the gift.

2009, c. 5, s. 23.

CHAPTER II DEEMED RESIDENCE

1972, c. 23; 1994, c. 22, s. 53.

8. An individual is deemed to have been resident in Québec throughout a taxation year if, at any time in the year, the individual

(a)  sojourned in Québec for a period of, or periods the total of which is, 183 days or more and was ordinarily resident outside Canada;

(b)  was a member of the Canadian Forces and was resident in Québec immediately before leaving Canada on military service in a foreign country;

(c)  was an ambassador, Member of Parliament, officer, high commissioner, minister, servant or senator of Canada, or an agent-general, officer or servant of a province, and was resident in Québec immediately prior to election, employment or appointment by Canada or the province or received representation allowances in respect of the year;

(d)  performed services in a country other than Canada under a prescribed international development assistance program of the Government of Québec or Canada and was resident in Québec at any time in the six month period preceding the day on which those services commenced;

(e)  (paragraph repealed);

(f)  was a child of, and dependent for support on, an individual to whom any of paragraphs b, c and d applies and the child’s income for the year did not exceed $6,650; or

(g)  was at any time in the year, under a tax agreement with one or more other countries, entitled to an exemption from an income tax otherwise payable in any of those countries in respect of income from any source, unless all or substantially all of the individual’s income from all sources was not so exempt, because at that time the individual was related to or a member of the family of a particular individual, other than a trust, who was resident in Québec.

1972, c. 23, s. 8; 1972, c. 26, s. 32; 1974, c. 18, s. 1; 1977, c. 5, s. 14; 1982, c. 38, s. 11; 1986, c. 15, s. 34; 1989, c. 5, s. 22; 1993, c. 64, s. 6; 1995, c. 49, s. 9; 1998, c. 16, s. 10; 2001, c. 53, s. 4; 2003, c. 9, s. 13; 2005, c. 1, s. 24; 2006, c. 13, s. 25; 2009, c. 5, s. 24.

8.1. In determining whether an individual is, for all or part of a taxation year, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, an eligible individual within the meaning of section 737.22.0.9, a foreign professor within the meaning of section 737.22.0.5, a foreign specialist within the meaning of any of sections 737.18.6, 737.18.29 and 737.22.0.1 or a foreign farm worker within the meaning of section 737.22.0.12, section 8 shall be read without reference to paragraph a thereof.

2004, c. 21, s. 39; 2006, c. 36, s. 22.

8.2. The amount referred to in paragraph f of section 8 that must be used for a taxation year subsequent to the taxation year 2007 is to be adjusted annually in such a manner that the amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A/B) - 1.

In the formula in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the first paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

If the amount that results from the adjustment provided for in the first paragraph is not a multiple of $5, it must be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher of the two.

2009, c. 5, s. 25.

9. Where, at a particular time in a taxation year, a taxpayer ceases to be an individual described in paragraph b, c or d of section 8 and the taxpayer would, but for this section, be deemed to have been resident in Québec throughout the year by reason of those paragraphs, the taxpayer is deemed to have been resident in Québec throughout the part of the year preceding that time.

The same applies to the taxpayer’s spouse referred to in paragraph e of section 8 and the taxpayer’s child referred to in paragraph f of that section.

1972, c. 23, s. 9; 1990, c. 59, s. 7; 1998, c. 16, s. 11.

10. Reference to a person resident in Québec or Canada also includes for the purposes of this Part a person who at the relevant time was ordinarily resident in Québec or Canada.

1972, c. 23, s. 10.

11. For the purposes of this Part a corporation is deemed to have been resident in Canada throughout a taxation year if:

(a)  it was incorporated in Canada after 26 April 1965;

(b)  it was incorporated in Canada before 9 April 1959 and at any time in the taxation year or in any preceding taxation year beginning after 1971 it was resident in Canada or carried on business in Canada and was a corporation which

i.  was on 18 June 1971 a foreign business corporation, within the meaning of the regulations, controlled by a corporation resident in Canada, and

ii.  throughout the 10-year period ending on 18 June 1971 carried on business in a country other than Canada, and, during those years, paid dividends to its shareholders resident in Canada on which they paid tax to the government of the other country; and

(c)  in the case of a corporation incorporated before 27 April 1965 other than a corporation to which paragraph b applies it was incorporated in Canada and at any time in the taxation year or in a preceding taxation year of the corporation ending after 26 April 1965 it was resident in Canada or carried on business in Canada.

1972, c. 23, s. 11; 1997, c. 3, s. 71.

11.1. Notwithstanding section 11, for the purposes of this Part, other than paragraph a of section 772.6.1, a corporation is deemed not to be resident in Canada at any time if it is deemed not to be resident in Canada at that time under subsection 5 of section 250 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1986, c. 19, s. 4; 1997, c. 3, s. 71; 2004, c. 8, s. 11.

11.1.1. For the purposes of this Part, a corporation that is incorporated or otherwise formed under the laws of a country other than Canada or of a state, province or other political subdivision of such a country is deemed to be resident in that country throughout a taxation year and not to be resident in Canada at any time in the year, where

(a)  the corporation

i.  has as its principal business in the year the operation of ships that are used primarily in transporting persons or goods in international traffic, determined on the assumption that the corporation is not resident in Canada and that, in the case of a voyage from Canada to a place outside Canada, any port or other place on the Great Lakes or St.Lawrence River is in Canada, or

ii.  holds throughout the year shares of one or more other corporations, each of which is a subsidiary wholly-owned corporation of the corporation as defined by subsection 5 of section 544, and is deemed by this section to be resident in a country other than Canada throughout the year, and at no time in the year is the total of the cost amounts to the corporation of all those shares less than 50% of the total of the cost amounts to it of all its property;

(b)  all or substantially all of the corporation’s gross revenue for the year consists of

i.  gross revenue from the operation of ships in transporting persons or goods in that international traffic referred to in subparagraph i of paragraph a,

ii.  dividends from one or more other corporations each of which is a subsidiary wholly-owned corporation of the corporation as defined by subsection 5 of section 544, and is deemed by this section to be resident in a country other than Canada throughout each of its taxation years that began after 28 February 1991 and before the last time at which it paid any of those dividends, or

iii.  a combination of amounts described in subparagraphs i and ii; and

(c)  the corporation has not been granted articles of continuance in Canada before the end of the year.

1993, c. 16, s. 7; 1997, c. 3, s. 71; 2001, c. 7, s. 4.

11.1.2. For the purposes of the provisions of this Act that apply to a trust for a taxation year only where the trust has been resident in Canada throughout the year, where a particular trust ceases at any time to exist and the particular trust was resident in Canada immediately before that time, the particular trust is deemed to be resident in Canada throughout the period that begins at that time and ends at the end of the year.

2003, c. 2, s. 5.

11.2. (Repealed).

1992, c. 57, s. 589; 1994, c. 22, s. 54.

11.3. Where a corporation is at any time, in this section referred to as the “time of continuation”, granted articles of continuance or similar constitutional documents, the corporation is

(a)  for the purpose of applying this Part, other than section 11, in respect of all times from the time of continuation in a particular jurisdiction until the time of continuation in a different jurisdiction, deemed to have been incorporated in the particular jurisdiction and not to have been incorporated in the other jurisdiction; and

(b)  for the purpose of applying section 11 in respect of all times from the time of continuation in a particular jurisdiction until the time of continuation in a different jurisdiction, deemed to have been incorporated in the particular jurisdiction at the time of continuation in that jurisdiction and not to have been incorporated in the other jurisdiction.

1995, c. 49, s. 10; 1997, c. 3, s. 71.

11.4. For the purposes of this Part, where a trust resident in Canada would be an environmental trust at any time if it were resident at that time in the province in which the site to which the trust relates is situated, the trust is deemed to be resident at that time in that province and in no other province.

1996, c. 39, s. 14; 2000, c. 5, s. 8.

11.5. For the purposes of this Act, unless the context indicates otherwise, the following rules apply:

(a)  a taxation year of a person not resident in Canada shall be determined, except as otherwise permitted by the Minister, in the same manner as the taxation year of a person resident in Canada; and

(b)  a person for whom income for a taxation year is determined in accordance with this Act includes a person not resident in Canada.

2003, c. 2, s. 6.

CHAPTER III ESTABLISHMENT

1972, c. 26, s. 33.

12. The establishment of a taxpayer means a fixed place where the taxpayer carries on the taxpayer’s business or, if there is no such place, the taxpayer’s principal place of business. An establishment also includes an office, a branch, a mine, an oil or gas well, a farm, a timberland, a factory, a warehouse or a workshop.

Without restricting the generality of the first paragraph, a corporation has an establishment in each province of Canada in which an immovable owned by the corporation and used principally for the purpose of earning or producing gross revenue that is rent is situated.

1972, c. 26, s. 33; 1982, c. 56, s. 9; 1993, c. 19, s. 15; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 12.

13. Where a taxpayer carries on business through an employee, agent or mandatary, established in a particular place, who has general authority to contract for the employer or mandator or who has a stock of merchandise owned by such employer or mandator from which the employee, agent or mandatary regularly fills orders which the employee, agent or mandatary receives, the taxpayer is deemed to have an establishment in that place.

However, a taxpayer is not deemed to have an establishment for the sole reason that the taxpayer has business dealings through a commission agent, a broker or other independent agent or maintains an office or warehouse solely for the purchase of merchandise; similarly, the taxpayer is not deemed to have an establishment in a place solely because of the taxpayer’s control over a subsidiary carrying on business in that place.

1972, c. 26, s. 33; 1998, c. 16, s. 13; 2000, c. 39, s. 2.

14. A corporation that has an establishment in Canada under this chapter and is the owner of land in a province is deemed to have with respect to such land an establishment in that province.

1972, c. 26, s. 33; 1997, c. 3, s. 71.

15. A taxpayer using at a particular place substantial machinery or material at a particular time in a taxation year is deemed to have an establishment at that place.

1972, c. 26, s. 33.

16. An insurance corporation is deemed to have an establishment at each place where it is registered or holds a permit to carry on business.

1972, c. 26, s. 33; 1973, c. 17, s. 3; 1997, c. 3, s. 71.

16.1. Where, in a taxation year, a corporation not resident in Canada operates a mine, produces, processes, preserves, packs or builds goods or a product in whole or in part, or produces or presents a public show, it is deemed to have an establishment at the place, in Canada, where it carries on one or the other of these activities.

1979, c. 38, s. 3; 1997, c. 3, s. 71.

16.1.1. Sections 15 and 16.1 do not apply in respect of a taxpayer’s activities relating to a business of the taxpayer that consists in operating a sports team that plays one or more of its matches or games, or that takes part in one or more competitions, outside Québec, or to a sports club if, in connection with its activities, one of its members plays a match or game, or takes part in a competition, outside Québec.

1995, c. 63, s. 13.

16.1.2. For the purposes of subparagraph a of the first paragraph of section 21.32, section 125.1, the second paragraph of section 171, section 217.15, the definition of “goodwill amount” in section 333.4, paragraph b of section 333.14, section 740 and paragraph b.1 of section 1029.8.17, if a person is not resident in Canada but is resident in a country with which a tax agreement was entered into and in which the expression “permanent establishment” is defined, the establishment of the person means, despite sections 12 to 16.1, the permanent establishment of the person, within the meaning assigned by the tax agreement.

1996, c. 39, s. 15; 2001, c. 53, s. 5; 2004, c. 8, s. 12; 2009, c. 5, s. 26.

16.2. For the purposes of this chapter, the word “province” includes

(a)  the Nova Scotia offshore area, within the meaning of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (Statutes of Canada, 1988, chapter 28);

(b)  the Newfoundland offshore area, within the meaning of the Canada-Newfoundland Atlantic Accord Implementation Act (Statutes of Canada, 1987, chapter 3);

(c)  (paragraph repealed);

(d)  (paragraph repealed).

1993, c. 19, s. 16; 1995, c. 49, s. 11.

CHAPTER IV NON-ARM’S LENGTH AND RELATED PERSONS AND GROUPS

1972, c. 23.

17. In this Part a group is related when each person forming it is related to each other person of the group.

1972, c. 23, s. 12.

18. For the purposes of this Part, the following rules apply:

(a)  related persons are deemed not to deal with each other at arm’s length;

(b)  a taxpayer and a personal trust, other than a trust described in any of subparagraphs a to d of the third paragraph of section 647, are deemed not to deal with each other at arm’s length if the taxpayer, or any person not dealing at arm’s length with the taxpayer, would be beneficially interested in the trust if section 7.11.1 were read without reference to subparagraphs b to d of the second paragraph; and

(c)  in any other case, it is a question of fact whether persons not related to each other are at a particular time dealing with each other at arm’s length.

1972, c. 23, s. 13; 2003, c. 2, s. 7; 2009, c. 5, s. 27.

19. (1)  For the purposes of this Part, related persons or persons related to each other are

(a)  individuals connected by blood relationship, marriage or adoption;

(b)  a corporation and

i.  a person who controls that corporation,

ii.  a person who is a member of a related group that controls the corporation, or

iii.  a person related to the person contemplated by subparagraph i or ii;

(c)  any two corporations

i.  if they are controlled by the same person or group of persons,

ii.  if each of them is controlled by a person and that person who controls one of the corporations is related to the person who controls the other corporation,

iii.  if one of them is controlled by a person related to any member of a related group that controls the other,

iv.  if one of the corporations is controlled by a person related to each member of an unrelated group that controls the other,

v.  if any member of a related group that controls one of the corporations is related to each member of an unrelated group that controls the other, or

vi.  if each member of an unrelated group that controls one of the corporations is related to at least one member of an unrelated group that controls the other.

(2)  Two corporations related to the same corporation under subsection 1 are deemed, for the purposes of subsection 1 and section 18, to be related to each other.

(3)  Where there has been an amalgamation or merger of two or more particular corporations and the new corporation formed as a result of the amalgamation or merger would have been related to any of the particular corporations immediately before the amalgamation or merger if the new corporation were in existence at that time, and if the persons who were the shareholders of the new corporation immediately after the amalgamation or merger were the shareholders of the new corporation at that time, the new corporation and that particular corporation shall be deemed to have been related persons.

(4)  Where there has been an amalgamation or merger of two or more particular corporations each of which was related, otherwise than because of a right referred to in paragraph b of section 20, to each other immediately before the amalgamation or merger, the new corporation formed as a result of the amalgamation or merger and each of the particular corporations are deemed to have been related to each other.

1972, c. 23, s. 14; 1984, c. 15, s. 4; 1989, c. 5, s. 23; 1997, c. 3, s. 71; 2000, c. 5, s. 9.

20. For the purposes of sections 19 and 21.19,

(a)  a related group which is in a position to control a corporation is deemed to be a related group which controls it, whether or not it is part of a larger group which in fact controls the corporation;

(b)  where at any time a person has a right under a contract or otherwise, either immediately or in the future and either absolutely or contingently,

i.  to, or to acquire, shares of the capital stock of a corporation or to control the voting rights of such shares, the person is, except where the right is not exercisable at that time because the exercise thereof is contingent on the death, bankruptcy or permanent disability of an individual, deemed to have the same position in relation to the control of the corporation as if the person owned the shares at that time,

ii.  to cause a corporation to redeem, acquire or cancel any shares of its capital stock owned by other shareholders of the corporation, the person is, except where the right is not exercisable at that time because the exercise thereof is contingent on the death, bankruptcy or permanent disability of an individual, deemed to have the same position in relation to the control of the corporation as if the shares were so redeemed, acquired or cancelled by the corporation at that time,

iii.  to, or to acquire or control, voting rights in respect of shares of the capital stock of a corporation, the person is, except where the right is not exercisable at that time because its exercise is contingent on the death, bankruptcy or permanent disability of an individual, deemed to have the same position in relation to the control of the corporation as if the person could exercise the voting rights at that time, or

iv.  to cause the reduction of voting rights in respect of shares, owned by other shareholders, of the capital stock of a corporation, the person is, except where the right is not exercisable at that time because its exercise is contingent on the death, bankruptcy or permanent disability of an individual, deemed to have the same position in relation to the control of the corporation as if the voting rights were so reduced at that time; and

(c)  a shareholder of two or more corporations is, as shareholder of one of the corporations, deemed to be related to himself, herself or itself as shareholder of each of the other corporations.

1972, c. 23, s. 15; 1982, c. 5, s. 3; 1986, c. 15, s. 35; 1989, c. 5, s. 24; 1990, c. 59, s. 8; 1993, c. 16, s. 8; 1997, c. 3, s. 71; 1998, c. 16, s. 14; 2000, c. 5, s. 10.

21. For the purposes of this Part, except sections 752.0.1 to 752.0.7,

(a)  persons are connected by blood relationship if one is the child, other descendant, brother or sister of the other;

(b)  persons are connected by marriage if one is married to the other or to a person connected with the other by blood relationship or by adoption; and

(c)  persons are connected by adoption if one has been adopted, either legally or in fact, and would be connected with the other by blood relationship or by marriage if filiation by adoption were filiation by blood.

1972, c. 23, s. 16; 1974, c. 18, s. 2; 1975, c. 22, s. 2; 1982, c. 17, s. 49; 1986, c. 15, s. 36; 1989, c. 5, s. 25; 1998, c. 16, s. 15.

CHAPTER IV.1 AFFILIATED PERSONS

2000, c. 5, s. 11.

21.0.1. In this chapter,

“affiliated group of persons” means a group of persons each member of which is affiliated with every other member of the group;

“beneficiary”, under a trust, includes a person beneficially interested in the trust;

“contributor”, to a trust, means a person who has at any time made a loan or transfer of property, either directly or indirectly, in any manner whatever, to or for the benefit of the trust other than, if the person deals at arm’s length with the trust at that time and is not immediately after that time a majority-interest beneficiary of the trust, a loan made at a reasonable rate of interest or a transfer made for fair market value consideration;

“controlled” means controlled, directly or indirectly in any manner whatever;

“majority-interest beneficiary”, of a trust at any time, means a person whose interest as a beneficiary, at that time,

(a)  in the income of the trust has, together with the interests as a beneficiary in the income of the trust of all persons with whom the person is affiliated, a fair market value that is greater than 50% of the fair market value of all the interests as a beneficiary in the income of the trust; or

(b)  in the capital of the trust has, together with the interests as a beneficiary in the capital of the trust of all persons with whom the person is affiliated, a fair market value that is greater than 50% of the fair market value of all the interests as a beneficiary in the capital of the trust;

“majority-interest group of beneficiaries”, of a trust at any time, means a group of persons each of whom is a beneficiary under the trust at that time such that

(a)  if one person held the interests as a beneficiary under the trust of all of the members of the group, that person would be a majority-interest beneficiary of the trust; and

(b)  if any member of the group were not a member, the test described in paragraph a would not be met;

“majority-interest group of partners” of a partnership means a group of persons each of whom has an interest in the partnership such that

(a)  if one person held the interests of all members of the group, that person would be a majority-interest partner of the partnership; and

(b)  if any member of the group were not a member, the test described in paragraph a would not be met.

2000, c. 5, s. 11; 2005, c. 38, s. 47.

21.0.2. For the purposes of this chapter, the following rules apply:

(a)  persons are affiliated with themselves;

(b)  a person includes a partnership;

(c)  despite section 646, a trust does not include the trustee or other persons who own or control the trust property; and

(d)  for the purpose of determining whether a person is affiliated with a trust,

i.  if the amount of income or capital of the trust that a person may receive as a beneficiary under the trust depends on the exercise by any person of, or the failure by any person to exercise, a discretionary power, that person is deemed to have fully exercised, or to have failed to exercise, the power, as the case may be,

ii.  the interest of a person in a trust as a beneficiary is disregarded in determining whether the person deals at arm’s length with the trust if the person would, in the absence of the interest as a beneficiary, be considered to deal at arm’s length with the trust,

iii.  a trust is not a majority-interest beneficiary of another trust unless the trust has an interest as a beneficiary in the income or capital of the other trust, and

iv.  in determining whether a contributor to one trust is affiliated with a contributor to another trust, individuals connected by blood, marriage or adoption are deemed to be affiliated with one another.

2000, c. 5, s. 11; 2005, c. 38, s. 48.

21.0.3. For the purposes of this Part, affiliated persons, or persons affiliated with each other, are

(a)  an individual and a spouse of the individual;

(b)  a corporation and

i.  a person by whom the corporation is controlled,

ii.  each member of an affiliated group of persons by which the corporation is controlled, or

iii.  a spouse of a person described in subparagraph i or ii;

(c)  two corporations, if

i.  each corporation is controlled by a person, and the person by whom one corporation is controlled is affiliated with the person by whom the other corporation is controlled,

ii.  one corporation is controlled by a person, the other corporation is controlled by a group of persons, and each member of that group is affiliated with that person, or

iii.  each corporation is controlled by a group of persons, and each member of each group is affiliated with at least one member of the other group;

(d)  a corporation and a partnership, if the corporation is controlled by a particular group of persons each member of which is affiliated with at least one member of a majority-interest group of partners of the partnership, and each member of that majority-interest group is affiliated with at least one member of the particular group of persons;

(e)  a partnership and a majority-interest partner of the partnership;

(f)  two partnerships, if

i.  the same person is a majority-interest partner of both partnerships,

ii.  a majority-interest partner of one partnership is affiliated with each member of a majority-interest group of partners of the other partnership, or

iii.  each member of a majority-interest group of partners of each partnership is affiliated with at least one member of a majority-interest group of partners of the other partnership;

(g)  a person and a trust, if the person

i.  is a majority-interest beneficiary of the trust, or

ii.  would, but for this paragraph, be affiliated with a majority-interest beneficiary of the trust; and

(h)  two trusts, if a contributor to one of the trusts is affiliated with a contributor to the other trust and

i.  a majority-interest beneficiary of one of the trusts is affiliated with a majority-interest beneficiary of the other trust,

ii.  a majority-interest beneficiary of one of the trusts is affiliated with each member of a majority-interest group of beneficiaries of the other trust, or

iii.  each member of a majority-interest group of beneficiaries of each of the trusts is affiliated with at least one member of a majority-interest group of beneficiaries of the other trust.

2000, c. 5, s. 11; 2005, c. 38, s. 49.

21.0.4. Where at any time two or more particular corporations amalgamate or merge to form a new corporation, the new corporation and the particular corporations are deemed to have been persons affiliated with each other where they would have been affiliated with each other immediately before that time if the new corporation had existed immediately before that time and the shareholders of the new corporation immediately after that time had been the shareholders of the new corporation immediately before that time.

2000, c. 5, s. 11.

CHAPTER V CONTROL OF A CORPORATION

1978, c. 26, s. 3; 1997, c. 3, s. 71.

21.1. Sections 21.2 to 21.3.1 apply in respect of the control of a corporation for the purposes of sections 6.2, 21.2 to 21.3.3, 83.0.3, 93.3.1, 93.4 and 106.4, Division X.1 of Chapter III of Title III of Book III, sections 175.9, 222 to 230.0.0.2, 237 to 238.1, 308.0.1 to 308.6, 384, 384.4, 384.5, 418.26 to 418.30 and 485 to 485.18, paragraph d of section 485.42, sections 564.2 to 564.4.2, 711.2, 727 to 737 and 737.18.9.2, subparagraph 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5, subparagraphs d to f of the first paragraph of section 771.13, paragraph f of section 772.13, sections 776.1.5.6, 776.1.12 and 776.1.13, paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.0.3.46 and 1029.8.36.0.3.60, subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, subparagraph b of the first paragraph of sections 1029.8.36.0.21.2, 1029.8.36.0.22.1 and 1029.8.36.0.25.2, paragraph d of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.38, paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.72.1, 1029.8.36.72.29, 1029.8.36.72.56 and 1029.8.36.72.83 and sections 1029.8.36.166.49, 1029.8.36.166.50, 1029.8.36.171.3 and 1029.8.36.171.4.

Subject to section 21.3.7, sections 21.3.2 and 21.3.3 apply in respect of the control of a corporation for the purposes of section 737.18.9.2, subparagraph 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5, subparagraphs d to f of the first paragraph of section 771.13, paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.0.3.46 and 1029.8.36.0.3.60, subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, subparagraph b of the first paragraph of sections 1029.8.36.0.21.2, 1029.8.36.0.22.1 and 1029.8.36.0.25.2, paragraph d of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.38 and paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.72.1, 1029.8.36.72.29, 1029.8.36.72.56 and 1029.8.36.72.83.

Sections 21.4 and 21.4.0.1 to 21.4.0.3 apply in respect of the control of a corporation for the purposes of this Part.

Section 21.4.1 applies in respect of the control of a corporation for the purposes of sections 6.2, 21.0.1 to 21.0.4, 83.0.3, 93.4, 222 to 230.0.0.2, 308.1, 384, 384.4, 384.5, 418.26 to 418.30 and 485 to 485.18, paragraph d of section 485.42, subparagraph d of the third paragraph of section 559, sections 560.1.2, 727 to 737 and 737.18.9.2, subparagraph 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5, subparagraphs d to f of the first paragraph of section 771.13, paragraph f of section 772.13, sections 776.1.5.6, 776.1.12 and 776.1.13, paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.0.3.46 and 1029.8.36.0.3.60, subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, subparagraph b of the first paragraph of sections 1029.8.36.0.21.2, 1029.8.36.0.22.1 and 1029.8.36.0.25.2, paragraph d of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.38, paragraph c of the definition of “qualified corporation” in the first paragraph of sections 1029.8.36.72.1, 1029.8.36.72.29, 1029.8.36.72.56 and 1029.8.36.72.83 and sections 1029.8.36.166.49, 1029.8.36.166.50, 1029.8.36.171.3 and 1029.8.36.171.4.

1978, c. 26, s. 3; 1980, c. 13, s. 2; 1982, c. 5, s. 4; 1984, c. 15, s. 5; 1989, c. 77, s. 5; 1993, c. 16, s. 9; 1993, c. 19, s. 17; 1996, c. 39, s. 16; 1997, c. 3, s. 71; 2000, c. 5, s. 12; 2001, c. 7, s. 5; 2003, c. 2, s. 8; 2004, c. 21, s. 40; 2005, c. 23, s. 31; 2005, c. 38, s. 50; 2006, c. 13, s. 26; 2007, c. 12, s. 21; 2009, c. 5, s. 28; 2009, c. 15, s. 29.

21.2. Where two or more corporations, each of which is referred to in this section as a “predecessor corporation”, have amalgamated to form one corporate entity, in this section referred to as the “new corporation”, the following rules apply:

(a)  control of a corporation is deemed not to have been acquired by any person or group of persons solely because of the amalgamation unless it is deemed under paragraph b or c to have been so acquired;

(b)  a person or group of persons that controls the new corporation immediately after the amalgamation and did not control a predecessor corporation immediately before the amalgamation is deemed to have acquired immediately before the amalgamation control of the predecessor corporation and of each corporation it controlled immediately before the amalgamation, unless the person or group of persons would not have acquired control of the predecessor corporation if the person or group of persons had acquired all the shares of the predecessor corporation immediately before the amalgamation; and

(c)  control of a predecessor corporation and of each corporation it controlled immediately before the amalgamation is deemed to have been acquired immediately before the amalgamation by a person or group of persons

i.  unless the predecessor corporation was related, otherwise than because of a right referred to in paragraph b of section 20, immediately before the amalgamation to each other predecessor corporation,

ii.  unless, if one person had immediately after the amalgamation acquired all the shares of the new corporation’s capital stock that the shareholders of the predecessor corporation, or of another predecessor corporation that controlled the predecessor corporation, acquired on the amalgamation in consideration for their shares of the predecessor corporation or of the other predecessor corporation, as the case may be, the person would have acquired control of the new corporation as a result of the acquisition of those shares, or

iii.  unless this paragraph would, but for this subparagraph, deem control of each predecessor corporation to have been acquired on the amalgamation where the amalgamation is an amalgamation of

(1)  two corporations, or

(2)  two particular corporations and one or more other corporations that would, if all the shares of each other corporation’s capital stock that were held immediately before the amalgamation by the particular corporations had been held by one person, have been controlled by that person.

1978, c. 26, s. 3; 1982, c. 5, s. 5; 1984, c. 15, s. 5; 1997, c. 3, s. 71; 2000, c. 5, s. 13.

21.2.1. Subject to section 21.3, where two or more persons, in this section referred to as the “transferors”, dispose of shares of the capital stock of a particular corporation in exchange for shares of the capital stock of another corporation, in this section referred to as the “acquiring corporation”, control of the acquiring corporation and of each corporation controlled by it immediately before the exchange is deemed to have been acquired at the time of the exchange by a person or group of persons unless

(a)  the particular corporation and the acquiring corporation were related, otherwise than because of a right referred to in paragraph b of section 20, to each other immediately before the exchange; or

(b)  if all the shares of the acquiring corporation’s capital stock that were acquired by the transferors on the exchange were acquired at the time of the exchange by one person, the person would not control the acquiring corporation.

2000, c. 5, s. 14.

21.3. Control of a particular corporation is deemed not to have been acquired solely because of

(a)  the acquisition at any time of shares of the capital stock of any corporation by

i.  a person who acquired the shares from another person to whom the person was related, otherwise than because of a right referred to in paragraph b of section 20, immediately before that time,

ii.  a person who was related to the particular corporation, otherwise than because of a right referred to in paragraph b of section 20, immediately before that time,

iii.  a succession that acquired the shares because of the death of a person,

iv.  a person who acquired the shares from a succession that arose on the death of another person to whom the person was related, or

v.  a corporation on a distribution, within the meaning assigned by the first paragraph of section 308.0.1, by a specified corporation, within the meaning assigned by that paragraph, if a dividend, to which section 308.1 does not apply because of section 308.3, is received in the course of the reorganization in which the distribution occurs;

(b)  the cancellation or redemption at any particular time of, or a change at any particular time in the terms or conditions of, shares of the particular corporation or of a corporation controlling the particular corporation, where each person and each member of each group of persons that controls the particular corporation immediately after the particular time was related, otherwise than because of a right referred to in paragraph b of section 20, to the particular corporation

i.  immediately before the particular time, or

ii.  immediately before the death of a person, where the shares were held immediately before the particular time by a succession that acquired the shares because of the person’s death; or

(c)  the acquisition at any time of shares of the particular corporation if

i.  the acquisition would otherwise result in the acquisition of control of the particular corporation at that time by a related group, and

ii.  each member of each group of persons that controls the particular corporation at that time was related, otherwise than because of a right referred to in paragraph b of section 20, to the particular corporation immediately before that time.

1978, c. 26, s. 3; 1979, c. 18, s. 3; 1982, c. 5, s. 5; 1993, c. 16, s. 10; 1994, c. 22, s. 55; 1995, c. 49, s. 12; 1997, c. 3, s. 71; 2000, c. 5, s. 15; 2009, c. 5, s. 29.

21.3.1. If at a particular time shares of the capital stock of a particular corporation are disposed of to another corporation (in this paragraph referred to as the “acquiring corporation”) for consideration that includes shares of the acquiring corporation’s capital stock, control of the particular corporation and of each corporation controlled by it immediately before that time is deemed not to have been acquired by the acquiring corporation solely because of the disposition if, immediately after the particular time, the acquiring corporation and the particular corporation are controlled by a person or group of persons who controlled the particular corporation immediately before the particular time, and did not, as part of the series of transactions or events that includes the disposition, cease to control the acquiring corporation.

Control of a particular corporation and of each corporation controlled by it immediately before a particular time is deemed not to have been acquired at the particular time by a corporation (in this paragraph referred to as the “acquiring corporation”), if at the particular time, the acquiring corporation acquires shares of the particular corporation’s capital stock for consideration that consists solely of shares of the acquiring corporation’s capital stock, and if

(a)  immediately after the particular time,

i.  the acquiring corporation owns all the shares of each class of the particular corporation’s capital stock, without reference to shares of a specified class of the capital stock of the particular corporation, within the meaning of section 560.1.2.1,

ii.  the acquiring corporation is not controlled by a person or group of persons, and

iii.  the fair market value of the shares of the particular corporation’s capital stock that are owned by the acquiring corporation is not less than 95% of the fair market value of all the assets of the acquiring corporation; or

(b)  any of subparagraphs i to iii of subparagraph a do not apply and the acquisition occurs as part of a plan of arrangement that, on completion, results in

i.  the acquiring corporation, or a new corporation that is formed on an amalgamation of the acquiring corporation and a wholly-controlled subsidiary of the acquiring corporation, owning all the shares of each class of the particular corporation’s capital stock, without reference to shares of a specified class of the capital stock of the particular corporation, within the meaning of section 560.1.2.1,

ii.  the acquiring corporation, or the new corporation, not being controlled by a person or group of persons, and

iii.  the fair market value of the shares of the particular corporation’s capital stock that are owned by the acquiring corporation, or the new corporation, being not less than 95% of the fair market value of all the assets of the acquiring corporation or the new corporation.

A particular trust that would, in the absence of this paragraph, acquire control of a corporation solely because of a SIFT trust wind-up event that is a distribution of shares of the capital stock of the corporation by another trust is deemed not to acquire control of the corporation because of the distribution if

(a)  the particular trust is described in paragraph c of the definition of “SIFT trust wind-up event” in section 1;

(b)  the particular trust is the only beneficiary of the other trust; and

(c)  the other trust controlled the corporation immediately before the distribution.

2000, c. 5, s. 16; 2009, c. 5, s. 30; 2010, c. 25, s. 6.

21.3.2. A person or group of persons is deemed not to have acquired control of a corporation at any time after 11 June 2003 if a significant shareholder, or a significant group of shareholders, of the corporation owns, at that time, shares of the capital stock of the corporation that give the shareholder or group 50% or more of the votes that could be cast under all circumstances at the annual meeting of shareholders of the corporation.

2006, c. 13, s. 27.

21.3.3. A person or group of persons deemed not to have acquired control of a corporation at any time after 11 June 2003 because of the application of section 21.3.2, is deemed to have acquired control of that corporation at a later time when, for the first time, no significant shareholder, or significant group of shareholders, of the corporation owns shares of the capital stock of the corporation that give the shareholder or group 50% or more of the votes that could be cast under all circumstances at the annual meeting of shareholders of the corporation.

2006, c. 13, s. 27.

21.3.4. For the purposes of sections 21.3.2 to 21.3.6,

(a)  a person who owned, immediately before 12 June 2003, 25% or more in vote and value of the shares of the capital stock of a corporation is a significant shareholder of the corporation at any time after 11 June 2003;

(b)  a group of persons in respect of which the following conditions are satisfied is a significant group of shareholders of a corporation at any given time after 11 June 2003:

i.  immediately before 12 June 2003, the group owned 25% or more in vote and value of the shares of the capital stock of the corporation, and

ii.  at the given time, each member of the group owned 10% or more in vote and value of the shares of the capital stock of the corporation;

(c)  two or more persons each of whom owns shares of the capital stock of a corporation is a group of persons in respect of that corporation; and

(d)  the percentage, in vote and value, of the shares of the capital stock of a corporation owned by a person or group of persons at any given time corresponds to the lesser of

i.  the proportion, expressed as a percentage, that, at that time, the number of votes that could be cast under all circumstances at the annual meeting of shareholders of the corporation given by the shares of the capital stock of the corporation owned by the person or group of persons is of the number of votes of that kind given by all the issued shares of that capital stock, and

ii.  the proportion, expressed as a percentage, that, at that time, the fair market value of the shares of the capital stock of the corporation owned by the person or group of persons is of the fair market value of all the issued shares of that capital stock.

2006, c. 13, s. 27.

21.3.5. For the purpose of determining, in accordance with section 21.3.4, whether a person or group of persons is a significant shareholder, or a significant group of shareholders, as the case may be, of a particular corporation,

(a)  subject to the second paragraph, the rules set out in paragraphs d to f of section 21.20.2 apply in respect of the ownership of the shares of the capital stock of the particular corporation;

(b)  another corporation, a partnership or a trust is deemed not to own, or not to be deemed to own because of the application of subparagraph a, a share of the capital stock of the particular corporation that is deemed to be owned, because of the application of that subparagraph, by

i.  a shareholder of the other corporation,

ii.  a member of the partnership, or

iii.  a beneficiary under the trust or, if it is a trust referred to in section 467, the person referred to in that section;

(c)  a person is deemed to have owned, immediately before 12 June 2003, a share the person acquired after 11 June 2003 from another person with whom the person was not dealing at arm’s length, if that other person owned the share immediately before 12 June 2003;

(d)  if, between 11 June 2003 and 1 July 2004, the particular corporation was the subject of an acquisition of control that was the result of a transaction to which any of the provisions referred to in the second paragraph of section 21.1 refers, the transaction is deemed to have been completed on 11 June 2003 for the purpose of applying sections 21.3.2 and 21.3.3 in respect of a subsequent acquisition of control of the particular corporation for the purposes of that provision;

(e)  a person is deemed to have exercised, on 11 June 2003, one or more rights referred to in paragraph b of section 20 that the person exercised after that date but had acquired before 12 June 2003; and

(f)  a person is deemed to have performed, on 11 June 2003, one or more obligations described in the third paragraph that the person performed after that date but had contracted before 12 June 2003.

Despite subparagraph 1 of subparagraph i of paragraph f of section 21.20.2 and subparagraphs ii and iv of that paragraph f, the number of shares of the capital stock of a corporation that the members of a group who are beneficiaries under a trust or the members of a group who are persons referred to in section 467 in respect of a trust referred to in that section are deemed to own because of the application of subparagraph a of the first paragraph to each of them, may not be greater than the number of shares of that capital stock that are owned, or deemed to be owned because of the application of that subparagraph a, by the trust.

An obligation to which subparagraph f of the first paragraph refers is an obligation whose performance puts the person who contracted it in the same position in relation to the control of a corporation as that in which the person would be if the person had acquired and exercised any of the rights referred to in paragraph b of section 20.

2006, c. 13, s. 27.

21.3.6. In determining, for the purposes of sections 21.3.2 and 21.3.3, the number of shares of the capital stock of a particular corporation owned by a significant shareholder, or a significant group of shareholders, of the particular corporation, subparagraph a of the first paragraph of section 21.3.5 applies, but with reference to the following rules:

(a)  despite paragraph d of section 21.20.2,

i.  a shareholder of another corporation is deemed to own all the shares of the capital stock of the particular corporation that are owned, or deemed to be owned because of the application of this section, by the other corporation, if the shares of the capital stock of the other corporation owned by the shareholder give the shareholder 50% or more of the votes that could be cast under all circumstances at the annual meeting of shareholders of the other corporation, and

ii.  the presumption in subparagraph i applies to a particular group consisting of members of a significant group of shareholders of the particular corporation who are shareholders of another corporation, if the shares of the capital stock of the other corporation owned by the particular group give the particular group 50% or more of the votes that could be cast under all circumstances at the annual meeting of shareholders of the other corporation;

(b)  a person who is a shareholder of more than one corporation, in this paragraph referred to as the “intermediary corporations”, may not be deemed to own a number of shares of the capital stock of the particular corporation that are owned, or deemed to be owned because of the application of this section, by another corporation of which the intermediary corporations are shareholders that is greater than the number of those shares that the person would be deemed to own if this section applied to each intermediary corporation without reference to the rule set out in subparagraph i of paragraph a; and

(c)  if a significant group of shareholders of the particular corporation includes persons each of whom is deemed to own, because of the application of this section, shares of the capital stock of the particular corporation that are owned by another corporation, the total number of those shares that those persons are deemed to own may not be greater than the number of shares of that capital stock that the other corporation owns.

2006, c. 13, s. 27.

21.3.7. When sections 21.3.2 and 21.3.3 apply in respect of the control of a corporation for the purposes of subparagraph e of the first paragraph of section 771.13 and subparagraph b of the first paragraph of section 1029.8.36.0.22.1,

(a)  sections 21.3.2 to 21.3.5 are to be read as if “11 June 2003” was replaced wherever it appears by “30 March 2004”; and

(b)  section 21.3.4 and the first paragraph of section 21.3.5 are to be read as if “12 June 2003” was replaced wherever it appears by “31 March 2004”.

2006, c. 13, s. 27; 2007, c. 12, s. 22.

21.4. Where, but for this section, a particular corporation would be regarded as being controlled, or controlled, directly or indirectly in any manner whatever, by a person or partnership at a particular time and it is established that the conditions set forth in the second paragraph are fulfilled, the particular corporation is deemed not to be controlled by that person or partnership at that particular time.

The conditions referred to in the first paragraph are:

(a)  there is in effect at the particular time an enforceable agreement or arrangement under which, upon the happening of an event or the satisfaction of a condition that it is reasonable to expect will happen or be satisfied, the particular corporation will cease to be controlled, or controlled, directly or indirectly in any manner whatever, as the case may be, by the person or partnership, and will be or become controlled, or controlled, directly or indirectly in any manner whatever, as the case may be, by a person or group of persons with whom or with each of the members of which, as the case may be, the person or partnership is at the particular time dealing at arm’s length;

(b)  the purpose of the control referred to in the first paragraph is, at the particular time, the safeguarding of the rights or interests of the person or partnership in respect of any indebtedness owing to the person or partnership the whole or any part of the principal amount of which is outstanding at the particular time, or of any shares of the capital stock of the particular corporation that are owned by the person or partnership at the particular time and that are, under the enforceable agreement or arrangement referred to in subparagraph a, to be redeemed by the particular corporation or purchased by the person or group of persons referred to in subparagraph a.

1980, c. 13, s. 3; 1987, c. 67, s. 7; 1990, c. 59, s. 9; 1997, c. 3, s. 71; 2000, c. 5, s. 17.

21.4.0.1. A corporation that would be controlled by another corporation if that other corporation were not controlled by any person or group of persons, is controlled by the other corporation and by any person or group of persons by whom the other corporation is controlled.

2003, c. 2, s. 9.

21.4.0.2. A corporation that would be controlled by a group of persons, in this section referred to as the “first-tier group”, if no corporation that is a member of the first-tier group were controlled by any person or group of persons, is controlled by

(a)  the first-tier group; and

(b)  any group of one or more persons comprised of, in respect of every member of the first-tier group, either the member, or a person or group of persons by whom the member is controlled.

2003, c. 2, s. 9.

21.4.0.3. For their application within the framework of the circumstances described in section 21.25, sections 21.4.0.1 and 21.4.0.2 shall be read as if the references to “controlled” were references to “controlled, directly or indirectly in any manner whatever,”.

2003, c. 2, s. 9.

21.4.1. A taxpayer who, at a particular time, acquires a right referred to in paragraph b of section 20 in respect of a share of the capital stock of a corporation is deemed to be in the same position in relation to the control of the corporation as if the right were immediate and absolute and as if the taxpayer had exercised the right at the particular time, where it can reasonably be concluded that one of the main purposes of the acquisition of the right is

(a)  to avoid any limitation on the deductibility of any net capital loss, non-capital loss or farm loss or any amount referred to in section 384 or sections 418.26 to 418.30;

(b)  to avoid the application of Chapter IV.1, any of sections 83.0.3, 93.4, 225, 308.1, 384.4, 384.5, 560.1.2 and 736, paragraph a or b of section 736.0.2, section 736.0.3.1 or 737.18.9.2, subparagraph 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5, any of subparagraphs d to f of the first paragraph of section 771.13, section 776.1.12 or 776.1.13, paragraph c of the definition of “qualified corporation” in the first paragraph of section 1029.8.36.0.3.46 or 1029.8.36.0.3.60, subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, subparagraph b of the first paragraph of any of sections 1029.8.36.0.21.2, 1029.8.36.0.22.1 and 1029.8.36.0.25.2, paragraph d of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.38, paragraph c of the definition of “qualified corporation” in the first paragraph of any of sections 1029.8.36.72.1, 1029.8.36.72.29, 1029.8.36.72.56 and 1029.8.36.72.83 or any of sections 1029.8.36.166.49, 1029.8.36.166.50, 1029.8.36.171.3, 1029.8.36.171.4 and 1137.8; or

(c)  to affect the application of sections 485 to 485.18.

1982, c. 5, s. 6; 1984, c. 15, s. 6; 1985, c. 25, s. 19; 1989, c. 77, s. 6; 1996, c. 39, s. 17; 2000, c. 5, s. 18; 2004, c. 21, s. 41; 2005, c. 23, s. 32; 2007, c. 12, s. 23; 2009, c. 15, s. 30.

21.4.1.1. For the purposes of sections 21.2 to 21.3.1 and 21.4.1, the following rules apply:

(a)  a corporation incorporated without share capital is deemed to have a capital stock of a single class of shares;

(b)  each member, policyholder and other participant in the corporation is deemed to be a shareholder of the corporation; and

(c)  the membership, policy or other interest in the corporation of each of those participants is deemed to be the number of shares of the corporation’s capital stock that the Minister considers reasonable in the circumstances, having regard to the total number of participants in the corporation and the nature of their participation.

2000, c. 5, s. 19.

21.4.2. For the purposes of this Part, other than for the purpose of determining if a corporation is, at any time, a small business corporation or a Canadian-controlled private corporation, if control of a corporation is acquired by a person or group of persons at a particular time on a day, control of the corporation is deemed to have been acquired by the person or group of persons at the commencement of that day and not at the particular time unless the corporation makes a valid election under subsection 9 of section 256 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the acquisition of control.

Chapter V.2 applies in relation to an election made under subsection 9 of section 256 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1989, c. 77, s. 7; 1997, c. 3, s. 71; 2009, c. 5, s. 31; 2010, c. 5, s. 10.

CHAPTER V.I DIVIDEND DEEMED TO BE INTEREST

1990, c. 59, s. 10.

21.4.3. Where a dividend is received on a share in a taxation year and after 18 June 1987 from a corporation not resident in Canada, other than a corporation in which the recipient of the dividend had or would have, if the corporation were a taxable Canadian corporation, a substantial interest within the meaning of section 191 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), such dividend is deemed, for the purposes of paragraphs c and l of section 87 and sections 746 to 749 and section 772.2 to 772.13, to have been received in the year as interest and not as a dividend on a share of the capital stock of the payer corporation, if the dividend is a dividend in respect of which no deduction could have been made under section 738, 740 or 845 by reason of sections 740.2 to 740.3.1 or section 740.5 if the corporation that paid the dividend were a taxable Canadian corporation.

1990, c. 59, s. 10; 1995, c. 49, s. 13; 1995, c. 63, s. 14; 1997, c. 3, s. 71.

CHAPTER V.2 MAKING CERTAIN ELECTIONS

2009, c. 5, s. 32.

21.4.4. This chapter applies when a provision of this Act (in this chapter referred to as the “particular provision”) refers to this chapter in relation to an election made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) or under this Act.

A person, legal representative or partnership that makes such an election is referred to as the “elector” in this chapter.

2009, c. 5, s. 32.

21.4.5. If an election, which should have been made on or before 19 December 2006 or which was made before 20 December 2006, is made or amended as a consequence of the application of subsection 5 or 5.1 of section 93 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) or of subsection 3.2 of section 220 of that Act, the date on which the election was made, which is to be taken into account for the purposes of sections 21.4.6, 21.4.9 and 21.4.10 and of the particular provision, is, despite the presumption provided for in that respect in that subsection 5 or 5.1 or in paragraph a of subsection 3.3 of that section 220, the date on which the election is actually made or amended.

If, in relation to any subject (in this paragraph referred to as the “subject of an election made for federal purposes”), an election is rescinded after 19 December 2006 in circumstances where section 7.19.1 applies and a particular valid election has been made before 20 December 2006 under the particular provision in relation to the subject of an election made for federal purposes, the particular valid election is deemed never to have been made.

2009, c. 5, s. 32; 2010, c. 25, s. 7.

21.4.6. If, after 19 December 2006, an elector makes a valid election under the provision of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the particular provision refers, the elector or, if the elector is a partnership, any member of the partnership shall, on or before the date provided for in the second paragraph, notify the Minister in writing of the election and attach to the notice a copy of every document sent to the Minister of National Revenue in connection with the election.

The date to which the first paragraph refers is the date of the 30th day following that on which the election is made or, if it is later, the filing-due date of the elector or of the member of the partnership for the taxation year for which the election is required to be sent to the Minister of National Revenue.

2009, c. 5, s. 32.

21.4.7. In the event of non-compliance with a requirement of section 21.4.6, the elector incurs a penalty of $25 a day for every day the omission continues, up to $2,500.

2009, c. 5, s. 32.

21.4.8. If, in relation to any subject (in this section referred to as the “subject of an election made for federal purposes”) and as a consequence of the application of subsection 3.2 of section 220 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the period within which an elector may make the election under section 21.4.6 has been extended or an election made by the elector under the provision of that Act to which the particular provision refers is amended or rescinded after 19 December 2006, the following rules apply:

(a)  the elector shall notify the Minister in writing and attach to the notice a copy of every document sent to the Minister of National Revenue for that purpose;

(b)  the elector incurs a penalty equal to $100 for each complete month included in the period beginning on the day on or before which the election or the amended or rescinded election was required to have been made and ending on the day on which the notice referred to in paragraph a is sent to the Minister, up to $5,000; and

(c)  if a particular valid election has been made before 20 December 2006 under the particular provision in relation to the subject of an election made for federal purposes,

i.  in the case of the election made or amended,

(1)  the particular provision is to apply in respect of the subject of an election made for federal purposes, as the particular provision reads on 20 December 2006 and not as it read before that date, and

(2)  the particular valid election is deemed never to have been made, and

ii.  in the case of the rescinded election, the particular valid election is deemed never to have been made.

2009, c. 5, s. 32.

21.4.9. Subject to sections 21.4.5, 21.4.8 and 21.4.11, if, in relation to any subject (in this section referred to as the “subject of an election made for Québec purposes”), an elector made a particular valid election under the particular provision before 20 December 2006, the particular provision must apply in respect of the subject of an election made for Québec purposes, as the particular provision read before that date, unless, after 19 December 2006, the elector makes, in relation to the subject of an election made for Québec purposes, a valid election under the provision of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the particular provision refers, in which case the following rules apply:

(a)  the particular provision must apply in respect of the subject of an election made for Québec purposes, as the particular provision reads on 20 December 2006 and not as it read before that date; and

(b)  the particular valid election is deemed never to have been made.

2009, c. 5, s. 32.

21.4.10. If, before 20 December 2006 and in relation to any subject (in this section referred to as the “subject of an election made for federal purposes”), an elector made a particular valid election under the provision of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the particular provision refers and did not rescind it after 19 December 2006 as a consequence of the application of subsection 3.2 of section 220 of that Act, and the elector has not made a valid election under the particular provision, the following rules apply:

(a)  if the applicable period within which to make the election under the particular provision in relation to the subject of an election made for federal purposes, as the particular provision read before 20 December 2006, would have ended after 19 December 2006, the particular provision must, if the elector so decides on or before the time at which the period should have ended, apply in respect of the subject of an election made for federal purposes as if the particular valid election had been made on 20 December 2006, and, for that purpose, section 603 applies, with the necessary modifications, in respect of that decision if the particular provision was referred to in section 603, as that section read on 19 December 2006;

(b)  if subsection 3.2 of section 220 of the Income Tax Act applies, in relation to the subject of an election made for federal purposes, to the provision of that Act to which the particular provision refers and if section 21.4.8 does not apply,

i.  the Minister may allow that the particular provision apply in respect of the subject of an election made for federal purposes as if the particular valid election had been made on 20 December 2006, if

(1)  the applicable period within which to make the election under the particular provision in relation to the subject of an election made for federal purposes, as the particular provision read before 20 December 2006, would have ended on or before a particular day of any of the elector’s taxation years or fiscal periods, as the case may be, and

(2)  the elector files an application with the Minister in that respect on or before the day that is 10 calendar years after the end of the taxation year or fiscal period, and, for that purpose, section 603 applies, with the necessary modifications, in respect of that application if the particular provision was referred to in section 603, as that section read on 19 December 2006, and

ii.  if the Minister grants the application filed under subparagraph i, the elector incurs a penalty equal to $100 for each complete month included in the period beginning on the day on or before which the particular valid election was required to have been made and ending on the day on which the application is filed with the Minister, up to $5,000; and

(c)  if the particular provision is any of sections 85.5, 194, 215, 250.1, 312.3, 462.16, 688.1.1, 853 and 985.3 and, before 20 December 2006, in the case of sections 85.5, 194 and 215, the elector has not made a valid election under the provision of the Income Tax Act to which section 85.6, 195 or 216, as the case may be, refers in relation to the particular valid election, or, in the case of section 985.3, the Minister of National Revenue has not revoked the particular valid election, the elector may, with the consent of the Minister and on the conditions determined by the Minister, apply the particular provision, for or from a particular taxation year or particular day or from a particular date, as the case may be, as if the particular valid election was a valid election made after 19 December 2006 in that respect, for or from the particular taxation year or particular day or from the particular date, as the case may be, under the provision of the Income Tax Act to which the particular provision refers.

2009, c. 5, s. 32.

21.4.11. If an elector made a particular valid election under the particular provision before 20 December 2006 in relation to any subject (in this section referred to as the “subject of an election made for Québec purposes”), the following rules apply:

(a)  if subsection 3.2 of section 220 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies, in relation to the subject of an election made for Québec purposes, to the provision of that Act (in this subparagraph referred to as the “corresponding provision”) to which the particular provision refers, if section 21.4.8 does not apply and if the elector made, in relation to the subject of an election made for Québec purposes, a valid election under the corresponding provision before 20 December 2006 that has not been rescinded before that date as a consequence of the application of that subsection 3.2, or the elector did not make such an election or made such an election that was thus rescinded before that date,

i.  the Minister may allow that the particular provision, as it reads on 20 December 2006 and not as it read before that date, apply in respect of the subject of an election made for Québec purposes as if the election made for the purposes of the Income Tax Act that was not rescinded had been made on 20 December 2006, or that the particular valid election be revoked in any other case, if

(1)  the period within which, in relation to the subject of an election made for Québec purposes, the election under the particular provision was to be made, as the particular provision read before 20 December 2006, would have ended on or before a particular day of any of the elector’s taxation years or fiscal periods, as the case may be, and

(2)  the elector files an application with the Minister in that respect on or before the day that is 10 calendar years after the end of the taxation year or fiscal period, and, for that purpose, section 603 applies, with the necessary modifications, in respect of that application if the particular provision was referred to in section 603, as that section read on 19 December 2006, and

ii.  if the Minister grants the application filed under subparagraph i,

(1)  the elector incurs a penalty equal to $100 for each complete month included in the period beginning on the day on or before which the election under the corresponding provision in relation to the subject of an election made for Québec purposes was required to have been made and ending on the day on which the application is filed, up to $5,000, and

(2)  the particular valid election is deemed never to have been made;

(b)  if the particular provision is any of sections 85.5, 194, 215 and 985.3 and the conditions set out in the second paragraph are met before 20 December 2006, the elector may, with the consent of the Minister and on the conditions determined by the Minister, apply the particular provision, for a particular taxation year or from a particular date, as if the valid election referred to in subparagraph b of the second paragraph was a valid election made after 19 December 2006 in that respect, for the particular taxation year or from the particular date, under the provision of the Income Tax Act to which the particular provision refers;

(c)  if the particular provision is any of sections 85.5, 194, 215, 284 and 985.3 and the conditions set out in the third paragraph are met before 20 December 2006,

i.  in the case of sections 85.5, 194, 215 and 284, the elector may, with the consent of the Minister and on the conditions determined by the Minister, apply section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, for a particular taxation year, as if the valid election referred to in subparagraph c of the third paragraph was a valid election made in that respect after 19 December 2006, for the particular taxation year, under the provision of the Income Tax Act to which section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, refers, and

ii.  in the case of section 985.3, the Minister may revoke the particular valid election from the particular date referred to in subparagraph c of the third paragraph; and

(d)  if the particular provision is any of sections 85.5, 194, 215, 284 and 985.3 and the conditions set out in the fourth paragraph are met before 20 December 2006,

i.  in the case of sections 85.5, 194, 215 and 284, the elector may, with the consent of the Minister and on the conditions determined by the Minister, apply section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, for a particular taxation year, as if a valid election had been made in that respect after 19 December 2006, for the particular taxation year, under the provision of the Income Tax Act to which section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, refers, and

ii.  in the case of section 985.3, the Minister may revoke the particular valid election from the date the Minister determines.

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

(a)  in the case of sections 85.5, 194 and 215, the elector has made a valid election under section 85.6, 195 or 216, as the case may be, in relation to the particular valid election, or, in the case of section 985.3, the Minister has revoked the particular valid election;

(b)  the elector has made a valid election, in relation to the subject of an election made for Québec purposes, under the provision of the Income Tax Act to which the particular provision refers; and

(c)  in the case of sections 85.5, 194 and 215, the elector has not made a valid election under the provision of the Income Tax Act to which section 85.6, 195 or 216, as the case may be, refers in relation to the valid election referred to in subparagraph b, or, in the case of section 985.3, the Minister of National Revenue has not revoked the valid election referred to in subparagraph b.

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

(a)  in the case of sections 85.5, 194, 215 and 284, the elector has not made a valid election under section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, in relation to the particular valid election, or, in the case of section 985.3, the Minister has not revoked the particular valid election;

(b)  the elector has made a valid election, in relation to the subject of an election made for Québec purposes, under the provision of the Income Tax Act to which section 85.5, 194 or 215 or the first paragraph of section 284, as the case may be, refers; and

(c)  in the case of sections 85.5, 194, 215 and 284, the elector has made a valid election under the provision of the Income Tax Act to which section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, refers in relation to the valid election referred to in subparagraph b, or, in the case of section 985.3, the Minister of National Revenue has revoked the valid election referred to in subparagraph b from a particular date.

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

(a)  in the case of sections 85.5, 194, 215 and 284, the elector has not made a valid election under section 85.6, 195 or 216 or the second paragraph of section 284, as the case may be, in relation to the particular valid election, or, in the case of section 985.3, the Minister has not revoked the particular valid election; and

(b)  the elector has not made a valid election, in relation to the subject of an election made for Québec purposes, under the provision of the Income Tax Act to which section 85.5, 194 or 215 or the first paragraph of section 284, as the case may be, refers.

2009, c. 5, s. 32.

21.4.12. The Minister may determine any penalty payable by a partnership under this chapter and send the partnership a notice of assessment in that respect.

2009, c. 5, s. 32.

21.4.13. The total amount of the penalties incurred by the elector under this chapter in relation to a particular election may not exceed the greatest penalty that would otherwise have been incurred in respect of that election under any of the provisions of this chapter.

2009, c. 5, s. 32.

21.4.14. Under this Part and despite sections 1010 to 1011, the Minister shall make such assessments of tax, interest and penalties as are necessary for any taxation year to take into account any election, any amended, rescinded or revoked election or any election deemed never to have been made, and any application of the particular provision, referred to in any of sections 21.4.5, 21.4.8 and 21.4.9, in paragraph b of section 21.4.10 or in subparagraph a of the first paragraph of section 21.4.11.

2009, c. 5, s. 32.

21.4.15. If any given provision of this Act refers to this chapter in relation to an operation that consists in the rescinding or revocation of an election, or in an agreement or arrangement, an application, an attribution, a designation, a determination, a distribution or a specification relating to a property, an amount or anything else, this chapter is to be interpreted as if the operation consisted in an election made under the given provision or under the provision of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to which the given provision refers.

2009, c. 5, s. 32.

CHAPTER V.3 USE OF THE CANADIAN CURRENCY OR OF A FUNCTIONAL CURRENCY

2010, c. 5, s. 11.

21.4.16. In this chapter,

“Canadian currency year” of a taxpayer means a taxation year that precedes the first functional currency year of the taxpayer;

“elected functional currency” of a taxpayer means the currency of a country other than Canada that is the elected functional currency of the taxpayer, within the meaning of subsection 1 of section 261 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), for the purposes of that section;

“functional currency year” of a taxpayer means a taxation year in respect of which the rules set out in section 21.4.19 apply to the taxpayer;

“pre-reversion debt” of a taxpayer means a debt obligation of the taxpayer that was issued by the taxpayer before the beginning of the taxpayer’s first reversionary year;

“pre-transition debt” of a taxpayer means a debt obligation of the taxpayer that was issued by the taxpayer before the beginning of the taxpayer’s first functional currency year;

“Québec tax results” of a taxpayer for a taxation year means

(a)  the amount of the income, taxable income or taxable income earned in Canada of the taxpayer for the taxation year, or any other amount used as a basis for computing an amount that the taxpayer is required to pay for the taxation year under this Act, other than under Part III.7 (except for the purposes of section 21.4.17);

(b)  the amount (other than an amount payable on behalf of another person under section 1015 or, except for the purposes of section 21.4.17, other than an amount payable under Part III.7) of tax or any other amount payable under this Act by the taxpayer in respect of the taxation year;

(c)  the amount (other than an amount refundable on behalf of another person in respect of amounts payable on behalf of that person under section 1015) of tax or any other amount refundable under this Act to the taxpayer in respect of the taxation year; and

(d)  any amount (including an amount provided for in Chapter V of the Act respecting international financial centres (chapter C-8.3)) that is relevant in computing the amounts described in respect of the taxpayer in paragraphs a to c;

“relevant spot rate” for a particular day means, in respect of a conversion of an amount from a particular currency to another currency,

(a)  if the particular currency or the other currency is Canadian currency, the rate quoted by the Bank of Canada for noon on the particular day (or, if there is no such rate quoted for the particular day, the closest preceding day for which such a rate is quoted) for the exchange of the particular currency for the other currency, or, for the purposes of paragraph b of section 21.4.17 and paragraph c of section 21.4.19, any other rate of exchange that is acceptable to the Minister; and

(b)  if neither the particular currency nor the other currency is Canadian currency, the rate—calculated by reference to the rates quoted by the Bank of Canada for noon on the particular day (or, if either of such rates is not quoted for the particular day, the closest preceding day for which both such rates are quoted)—for the exchange of the particular currency for the other currency, or, for the purposes of paragraph b of section 21.4.17 and paragraph c of section 21.4.19, any other rate of exchange that is acceptable to the Minister;

“reversionary year” of a taxpayer means a taxation year that begins after the last functional currency year of the taxpayer;

“tax reporting currency” of a taxpayer for a taxation year, and at any time in the taxation year, means the currency in which the taxpayer’s Québec tax results for the taxation year are to be computed.

2010, c. 5, s. 11.

21.4.17. The following rules apply in computing the Québec tax results of a taxpayer for a taxation year:

(a)  subject to this chapter, other than this section, Canadian currency is to be used; and

(b)  subject to this chapter, other than this section, section 484.6, subparagraph l of the first paragraph of section 485.3 and paragraph b of section 851.22.39, if a particular amount that is relevant in computing those Québec tax results is expressed in a currency other than Canadian currency, the particular amount, other than an amount provided for in subparagraph b or c of the second paragraph of section 1029.8.36.0.95, is to be converted to an amount expressed in Canadian currency using the relevant spot rate for the day on which the particular amount arose.

2010, c. 5, s. 11.

21.4.18. The rules set out in section 21.4.19 apply to a taxpayer in respect of a particular taxation year if, because of subsection 3 of section 261 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), subsection 5 of section 261 of that Act applies to the taxpayer in respect of the particular taxation year for the purposes of that Act.

Chapter V.2 applies in relation to an election made under paragraph b of subsection 3 of section 261 of the Income Tax Act and, if applicable, in relation to the revocation of that election made under subsection 4 of section 261 of that Act.

2010, c. 5, s. 11.

21.4.19. The rules to which the first paragraph of section 21.4.18 refers and that apply to a taxpayer in respect of a particular taxation year are the following:

(a)  the taxpayer’s elected functional currency is to be used for the purpose of computing the taxpayer’s Québec tax results for the particular taxation year;

(b)  unless the context otherwise requires, each reference in this Act or the regulations made under it to an amount (other than in respect of a penalty or fine) that is described as a particular number of Canadian dollars is, in respect of the taxpayer and the particular taxation year, to be read as a reference to that amount expressed in the taxpayer’s elected functional currency using the relevant spot rate for the first day of the particular taxation year;

(c)  subject to paragraph b of section 21.4.24, sections 21.4.30 and 484.6, subparagraph l of the first paragraph of section 485.3 and paragraph b of section 851.22.39, if a particular amount that is relevant in computing the taxpayer’s Québec tax results for the particular taxation year is expressed in a currency other than the taxpayer’s elected functional currency, the particular amount, other than an amount provided for in subparagraph b or c of the second paragraph of section 1029.8.36.0.95, is to be converted to an amount expressed in the taxpayer’s elected functional currency using the relevant spot rate for the day on which the particular amount arose;

(d)  the definition of “exchange rate” in section 736.0.0.2 is, in respect of the taxpayer and the particular taxation year, and with the necessary modifications, to be read as follows:

““exchange rate” at a particular time in respect of a particular currency other than the taxpayer’s elected functional currency means the relevant spot rate, for the day that includes that time, in respect of the conversion of an amount from the particular currency to the taxpayer’s elected functional currency, or a rate of exchange acceptable to the Minister;”;

(e)  section 262 is, in respect of the taxpayer and the particular taxation year, and with the necessary modifications, to be read as if “in foreign currency in relation to Canadian currency after 1971” in the first paragraph was replaced by “after 1971 in the currency of one or more countries (other than the taxpayer’s elected functional currency) relative to the taxpayer’s elected functional currency”;

(f)  a reference to “Canadian currency” wherever it appears in the following provisions is, in respect of the taxpayer and the particular taxation year, and with the necessary modifications, to be read as a reference to the “taxpayer’s elected functional currency”:

i.  paragraph c.1 of section 21.26,

ii.  paragraph a.1 of section 21.27,

iii.  sections 474, 483.2, 483.3 and 484.6,

iv.  subparagraph l of the first paragraph of section 485.3,

v.  section 485.28,

vi.  paragraph f of the definition of “tax basis” in section 851.22.7,

vii.  paragraph g of section 851.22.8,

viii.  the portion of subparagraph i of paragraph b of section 851.22.39 before subparagraph 1,

ix.  subparagraph 2 of subparagraph i of paragraph b of section 851.22.39,

x.  subparagraph ii of paragraph b of section 851.22.39, and

xi.  subparagraph iv of subparagraph a of the second paragraph of section 1079.1R3 of the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1);

(g)  the definition “foreign currency” in section 1 is, in respect of the taxpayer and the particular taxation year, and with the necessary modifications, to be read as follows:

““foreign currency” in respect of a taxpayer, at any time in a taxation year, means a currency other than the taxpayer’s elected functional currency;”;

(h)  this chapter applies, with the necessary modifications, for the purposes of Book II of Part VI in respect of the taxpayer in relation to a particular month, if the particular month is included in the particular taxation year; and

(i)  this chapter applies, with the necessary modifications, for the purposes of Part VI.4 in respect of the taxpayer in relation to a particular calendar year, if the last fiscal period of the taxpayer, for the purposes of Part VI.4, that ends in the preceding calendar year is a fiscal period that ends in the particular taxation year or the end of which coincides with the end of that particular taxation year.

2010, c. 5, s. 11.

21.4.20. For the purpose of computing the Québec tax results of a particular taxpayer for each taxation year that is a functional currency year or a reversionary year of the particular taxpayer, this chapter is to be applied as if each partnership of which the particular taxpayer is a member in the taxation year were a taxpayer that

(a)  had as its first functional currency year its first fiscal period that

i.  is a fiscal period during which the particular taxpayer is a member of the partnership,

ii.  begins after 13 December 2007, and

iii.  ends at least six months after the day that is six months before the end of the particular taxpayer’s first functional currency year;

(b)  had as its last Canadian currency year its last fiscal period that ends before its first functional currency year;

(c)  had as its first reversionary year its first fiscal period that begins after the particular taxpayer’s last functional currency year;

(d)  is a taxpayer to which section 21.4.19 applies in respect of each of its fiscal periods that is, or begins after, its first functional currency year and that ends before its first reversionary year;

(e)  had as its elected functional currency in respect of each fiscal period described in paragraph d the elected functional currency of the particular taxpayer; and

(f)  had as its last functional currency year its last fiscal period that ends before its first reversionary year.

2010, c. 5, s. 11.

21.4.21. For the purpose of computing a taxpayer’s income for a particular taxation year that is a functional currency year or a reversionary year of the taxpayer, foreign accrual property income of a foreign affiliate of the taxpayer, in respect of the taxpayer for the particular taxation year, is to be determined in accordance with the regulations made under section 579 after taking into account the application of subsection 6.1 of section 261 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the taxpayer for the particular taxation year.

2010, c. 5, s. 11.

21.4.22. For the purpose of applying this Act to a taxpayer for a functional currency year of the taxpayer (in this section referred to as the “particular taxation year”), the following amounts are to be converted from Canadian currency to the taxpayer’s elected functional currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year:

(a)  each amount that

i.  is, or is relevant in computing, an amount that may be deducted or is deemed to have been paid to the Minister for the particular taxation year under any of sections 222 to 225, 371, 710, 727 to 737, 772.12, 776.1.9, 1029.8.36.166.46, 1029.8.36.171.1 and 1135.2, and

ii.  was determined for a Canadian currency year of the taxpayer;

(b)  the cost to the taxpayer of a property that was acquired by the taxpayer in a Canadian currency year of the taxpayer;

(c)  any amount that was required by section 255 or 257 to be added or deducted in computing, at any time in a Canadian currency year of the taxpayer, the adjusted cost base to the taxpayer of a capital property that was acquired by the taxpayer in such a year;

(d)  any amount that

i.  is in respect of the taxpayer’s undepreciated capital cost of depreciable property of a prescribed class, the taxpayer’s eligible incorporeal capital amount in respect of a business of the taxpayer, the taxpayer’s cumulative Canadian exploration expenses within the meaning of section 398, the taxpayer’s cumulative Canadian development expenses within the meaning of section 411, the taxpayer’s cumulative foreign resource expense, in relation to a country other than Canada, within the meaning of section 418.1.3, or the taxpayer’s cumulative Canadian oil and gas property expense within the meaning of section 418.5 (each of which is in this paragraph referred to as a “pool amount”), and

ii.  was added to or deducted in computing a pool amount of the taxpayer in respect of a Canadian currency year of the taxpayer;

(e)  any amount that has been deducted or claimed as a reserve in computing the income of the taxpayer for the taxpayer’s last Canadian currency year;

(f)  any outlay or expense referred to in section 175.1 or 230.0.0.6 that was made or incurred by the taxpayer in respect of a Canadian currency year of the taxpayer, and any amount that was deducted in respect of the outlay or expense in computing the income of the taxpayer for such a year; and

(g)  any other amount (other than an amount referred to in any of sections 21.4.20, 21.4.21 and 21.4.23) determined under the provisions of this Act for or in respect of a Canadian currency year of the taxpayer that is relevant in computing the Québec tax results of the taxpayer for the particular taxation year.

2010, c. 5, s. 11.

21.4.23. In computing, in a functional currency year of a taxpayer, the amount for which a pre-transition debt of the taxpayer (other than a pre-transition debt denominated in the taxpayer’s elected functional currency) was issued and its principal amount at the beginning of the taxpayer’s first functional currency year, those amounts are to be converted from the pre-transition debt currency to the taxpayer’s elected functional currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year.

2010, c. 5, s. 11.

21.4.24. A pre-transition debt of a taxpayer that is denominated in a currency other than the taxpayer’s elected functional currency is deemed to have been issued immediately before the taxpayer’s first functional currency year for the purpose of

(a)  computing the amount of the taxpayer’s income, gain or loss, for a functional currency year of the taxpayer (other than an amount that section 21.4.25 deems to arise), that is attributable to a fluctuation in the value of a currency; and

(b)  applying subparagraph l of the first paragraph of section 485.3 in respect of a functional currency year of the taxpayer.

2010, c. 5, s. 11.

21.4.25. If a taxpayer has, in a taxation year that is a functional currency year or a reversionary year of the taxpayer, made a particular payment on account of the principal amount of a pre-transition debt of the taxpayer, the following rules apply:

(a)  if the taxpayer would have made a gain—or, if the pre-transition debt was not on account of capital, would have had income—(in the second paragraph referred to as the “hypothetical gain or income”) attributable to a fluctuation in the value of a currency if the pre-transition debt had been settled by the taxpayer’s having paid, immediately before the end of the taxpayer’s last Canadian currency year, an amount equal to the principal amount (expressed in the currency in which the pre-transition debt is denominated, which currency is in this section referred to as the “debt currency”) at that time, the taxpayer is deemed to make a gain or to have income, as the case may be, for the taxation year equal to the amount determined by the formula

A × B / C; and

(b)  if the taxpayer would have sustained a loss—or, if the pre-transition debt was not on account of capital, would have had a loss—(in this subparagraph referred to as the “hypothetical loss”) attributable to a fluctuation in the value of a currency if the pre-transition debt had been settled by the taxpayer’s having paid, immediately before the end of the taxpayer’s last Canadian currency year, an amount equal to the principal amount (expressed in the debt currency) at that time, the taxpayer is deemed to sustain or to have a loss in respect of the particular payment for the taxation year equal to the amount that would be determined by the formula in subparagraph a if the reference to “hypothetical gain or income” in subparagraph i of subparagraph a of the second paragraph were read as a reference to “hypothetical loss”.

In the formula in subparagraph a of the first paragraph,

(a)  A is

i.  if the taxation year is a functional currency year of the taxpayer, the amount of the hypothetical gain or income converted to the taxpayer’s elected functional currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year, and

ii.  if the taxation year is a reversionary year of the taxpayer, the amount determined under subparagraph i converted to Canadian currency using the relevant spot rate for the last day of the taxpayer’s last functional currency year;

(b)  B is the amount of the particular payment (expressed in the debt currency); and

(c)  C is the principal amount of the pre-transition debt at the beginning of the taxpayer’s first functional currency year (expressed in the debt currency).

2010, c. 5, s. 11.

21.4.26. Despite sections 21.4.19 and 21.4.22, for the purposes of this Act and the Act respecting the Ministère du Revenu (chapter M-31) in respect of a functional currency year (in this section referred to as the “particular taxation year”) of a taxpayer, the following rules apply:

(a)  for the purpose of computing the payments that the taxpayer is required to make in relation to the particular taxation year under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a:

i.  each estimated amount described in subparagraph i of that subparagraph a, or in subparagraph 1 of subparagraph iii of that subparagraph a, that is payable by the taxpayer for the particular taxation year is to be determined by converting that amount, as determined in the taxpayer’s elected functional currency, to Canadian currency using the relevant spot rate for the day on or before which the amount is required to be paid,

ii.  the taxpayer’s first basic provisional account referred to in subparagraph i of that subparagraph a for the particular taxation year is to be determined, if the particular taxation year is the taxpayer’s first functional currency year, without reference to this chapter and, in any other case, as if the tax payable by the taxpayer for the taxpayer’s functional currency year (in this paragraph referred to as the “first base year”) preceding the particular taxation year were equal to the total of

(1)  the aggregate of the payments that the taxpayer is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, as the case may be, determined in accordance with this subparagraph ii or with subparagraph i or iii, as the case may be, in respect of the first base year, and

(2)  the remainder of the tax payable by the taxpayer under subparagraph b of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph b, as the case may be, determined in accordance with paragraph b, in respect of the first base year,

iii.  the taxpayer’s second basic provisional account described in subparagraph ii of that subparagraph a for the particular taxation year is to be determined, if the particular taxation year is the taxpayer’s first functional currency year or the taxpayer’s taxation year that follows the taxpayer’s first functional currency year, without reference to this chapter and, in any other case, as if the tax payable by the taxpayer for the taxpayer’s functional currency year (in this subparagraph referred to as the “second base year”) preceding the first base year were equal to the total of

(1)  the aggregate of the payments that the taxpayer is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, as the case may be, determined in accordance with this subparagraph iii or with subparagraph i or ii, as the case may be, in respect of the second base year, and

(2)  the remainder of the tax payable by the taxpayer under subparagraph b of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph b, as the case may be, determined in accordance with paragraph b, in respect of the second base year, and

iv.  those payments must correspond to the payments based on a method described in that subparagraph a that is referred to in the fourth paragraph of section 1038 in respect of the taxpayer in relation to the particular taxation year;

(b)  the remainder of the tax payable by the taxpayer for the particular taxation year under subparagraph b of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph b, is equal to the amount obtained by converting to Canadian currency, using the relevant spot rate for the taxpayer’s balance-due day for the particular taxation year, the amount by which the tax payable by the taxpayer under this Part or under any of Parts IV, IV.1, VI and VI.1, as the case may be, for the particular taxation year, expressed in the taxpayer’s elected functional currency, exceeds the aggregate of all amounts each of which is the amount obtained by converting the amount of a payment that the taxpayer is required to make in relation to that Part in respect of the particular taxation year, determined under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, as the case may be, and with reference to any of subparagraphs i, ii and iii of subparagraph a, to the taxpayer’s elected functional currency using the relevant spot rate for the day on or before which the payment is required to be made;

(c)  for the purpose of computing an amount (other than tax) that is payable by the taxpayer for the particular taxation year under this Part or under any of Parts IV, IV.1, VI and VI.1, or under the Act respecting the Ministère du Revenu in relation to an amount that is payable under any of those Parts, the tax payable by the taxpayer for the particular taxation year under that Part is deemed to be equal to the total of

i.  the aggregate of the payments that the taxpayer is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, as the case may be, determined in accordance with any of subparagraphs i, ii and iii of subparagraph a in respect of the particular taxation year, and

ii.  the remainder of the tax payable by the taxpayer under subparagraph b of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph b, as the case may be, determined in accordance with paragraph b, in respect of the particular taxation year;

(d)  any amount of tax that is payable under this Act (otherwise than under this Part or under any of Parts IV, IV.1, VI and VI.1) by the taxpayer for the particular taxation year is, if applicable, to be determined by converting the amount, as determined in the taxpayer’s elected functional currency, to Canadian currency using the relevant spot rate for the day on or before which the amount is required to be paid;

(e)  in relation to any particular amount that is deemed under this Part to have been paid at a particular time on account of an amount payable by the taxpayer under this Act for the particular taxation year,

i.  if, for the purpose of computing the payments that the taxpayer is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, a particular provision of this Part establishes the portion of the particular amount that the taxpayer is deemed to have paid to the Minister on account of the aggregate of the taxpayer’s tax payable for the particular taxation year under this Part and the taxpayer’s tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each of those payments is required to be made,

(1)  the first excess amount referred to in the computation, provided for in that particular provision, of the portion of the particular amount in relation to a particular date is to be determined with reference to the particular amount as determined in the taxpayer’s elected functional currency and by converting each portion of the particular amount, referred to in relation to an earlier date in the computation of that excess amount and as determined in Canadian currency, to the taxpayer’s elected functional currency using the relevant spot rate for that earlier date, and is equal to the amount obtained by converting that excess amount so determined to Canadian currency using the relevant spot rate for the particular date, and

(2)  the amount by which the particular amount, as determined in the taxpayer’s elected functional currency, exceeds the aggregate of all amounts each of which is the amount obtained by converting the amount—determined, with reference to subparagraph 1, in Canadian currency under the particular provision in respect of the particular amount in relation to a particular date—to the taxpayer’s elected functional currency using the relevant spot rate for the particular date, is to be converted to Canadian currency using the relevant spot rate for the day that includes the particular time, and

ii.  if subparagraph i does not apply in respect of the particular amount, the particular amount, as determined in the taxpayer’s elected functional currency, is to be converted to Canadian currency using the relevant spot rate for the day that includes the particular time;

(f)  for the purpose of applying the second paragraph of section 1135.1 to the taxpayer in respect of the particular taxation year, the excess amount referred to in subparagraph i of subparagraph b of that second paragraph in relation to a particular date is to be determined with reference to the amount determined in accordance with the first paragraph of that section, as determined in the taxpayer’s elected functional currency and by converting each portion of that amount, referred to in relation to an earlier date in the computation of that excess amount and as determined in Canadian currency, to the taxpayer’s elected functional currency using the relevant spot rate for that earlier date, and is equal to the amount obtained by converting that excess amount so determined to Canadian currency using the relevant spot rate for the particular date;

(g)  for the purposes of section 1.2.1 of the Act respecting the Ministère du Revenu, the amount of the taxpayer’s paid-up capital for the particular taxation year, as determined in the taxpayer’s elected functional currency and in the manner provided for in that section, is to be converted to Canadian currency using the relevant spot rate for the last day of the particular taxation year;

(h)  for the purposes of section 59.2.2 of the Act respecting the Ministère du Revenu, the amount of an income referred to in the first paragraph of that section in relation to the particular taxation year, as determined in the taxpayer’s elected functional currency, is to be converted to Canadian currency using the relevant spot rate for the taxpayer’s balance-due day for the particular taxation year; and

(i)  any amount payable by the taxpayer for the particular taxation year under this Act, or under the Act respecting the Ministère du Revenu in relation to such an amount, is to be paid in Canadian currency.

2010, c. 5, s. 11.

21.4.27. For the purpose of applying this Act to a taxpayer’s reversionary year, sections 21.4.22 and 21.4.23 are to be read as if

(a)  “Canadian currency year” was replaced in the following provisions by “functional currency year”:

i.  the portion of section 21.4.22 before paragraph a,

ii.  subparagraph ii of paragraph a of section 21.4.22,

iii.  paragraphs b and c of section 21.4.22,

iv.  subparagraph ii of paragraph d of section 21.4.22,

v.  paragraphs e to g of section 21.4.22, and

vi.  section 21.4.23;

(b)  “functional currency year” was replaced wherever it appears in the following provisions by “reversionary year”:

i.  the portion of section 21.4.22 before paragraph a, and

ii.  section 21.4.23;

(c)  “pre-transition debt” was replaced wherever it appears in section 21.4.23 by “pre-reversion debt”;

(d)  “the taxpayer’s elected functional currency” was replaced wherever it appears in the following provisions by “Canadian currency”:

i.  the portion of section 21.4.22 before paragraph a, and

ii.  section 21.4.23; and

(e)  “Canadian currency” in the portion of section 21.4.22 before paragraph a was replaced by “the taxpayer’s elected functional currency”.

2010, c. 5, s. 11.

21.4.28. A pre-reversion debt of a taxpayer that is denominated in a currency other than Canadian currency is deemed to have been issued immediately before the taxpayer’s first reversionary year for the purpose of

(a)  computing the amount of the taxpayer’s income, gain or loss, for a reversionary year of the taxpayer (other than an amount that section 21.4.29 deems to arise), that is attributable to a fluctuation in the value of a currency; and

(b)  applying subparagraph l of the first paragraph of section 485.3 in respect of a reversionary year of the taxpayer.

2010, c. 5, s. 11.

21.4.29. If a taxpayer has, in a reversionary year of the taxpayer, made a particular payment on account of the principal amount of a pre-reversion debt of the taxpayer, the following rules apply:

(a)  if the taxpayer would have made a gain—or, if the pre-reversion debt was not on account of capital, would have had income—(in the second paragraph referred to as the “hypothetical gain or income”) attributable to a fluctuation in the value of a currency if the pre-reversion debt had been settled by the taxpayer’s having paid, immediately before the end of the taxpayer’s last functional currency year, an amount equal to the principal amount (expressed in the currency in which the pre-reversion debt is denominated, which currency is in this section referred to as the “debt currency”) at that time, the taxpayer is deemed to make a gain or to have income, as the case may be, for the reversionary year equal to the amount determined by the formula

A × B/C; and

(b)  if the taxpayer would have sustained a loss—or, if the pre-reversion debt was not on account of capital, would have had a loss—(in this subparagraph referred to as the “hypothetical loss”) attributable to a fluctuation in the value of a currency if the pre-reversion debt had been settled by the taxpayer’s having paid, immediately before the end of the taxpayer’s last functional currency year, an amount equal to the principal amount (expressed in the debt currency) at that time, the taxpayer is deemed to sustain or to have a loss in respect of the particular payment for the reversionary year equal to the amount that would be determined by the formula in subparagraph a if the reference to “hypothetical gain or income” in subparagraph a of the second paragraph were read as a reference to “hypothetical loss”.

In the formula in subparagraph a of the first paragraph,

(a)  A is the amount of the hypothetical gain or income converted to Canadian currency using the relevant spot rate for the last day of the taxpayer’s last functional currency year;

(b)  B is the amount of the particular payment (expressed in the debt currency); and

(c)  C is the principal amount of the pre-reversion debt at the beginning of the taxpayer’s first reversionary year (expressed in the debt currency).

2010, c. 5, s. 11.

21.4.30. For the purpose of computing the amount that may be deducted, or that is deemed to have been paid to the Minister, by a taxpayer, in respect of a particular amount that arises in a subsequent taxation year, under any of sections 727 to 737, 772.12, 776.1.9, 1029.8.36.166.47 and 1029.8.36.171.2 in computing the taxpayer’s Québec tax results for a particular taxation year, the following rules apply:

(a)  if the subsequent taxation year is a functional currency year of the taxpayer and the particular taxation year is a Canadian currency year of the taxpayer, the following amounts (expressed in the taxpayer’s elected functional currency) are to be converted to Canadian currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year:

i.  the particular amount, and

ii.  any amount so deducted, or so deemed to have been paid to the Minister, in computing the taxpayer’s Québec tax results for another functional currency year of the taxpayer;

(b)  if the subsequent taxation year is a reversionary year of the taxpayer and the particular taxation year is a functional currency year of the taxpayer,

i.  the following amounts (expressed in Canadian currency) are to be converted to the taxpayer’s elected functional currency using the relevant spot rate for the last day of the taxpayer’s last functional currency year:

(1)  the particular amount, and

(2)  any amount so deducted, or so deemed to have been paid to the Minister, in computing the taxpayer’s Québec tax results for another reversionary year of the taxpayer, and

ii.  any amount (expressed in Canadian currency) so deducted, or so deemed to have been paid to the Minister, in computing the taxpayer’s Québec tax results for a Canadian currency year of the taxpayer is to be converted to the taxpayer’s elected functional currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year;

(c)  if the subsequent taxation year is a reversionary year of the taxpayer and the particular taxation year is a Canadian currency year of the taxpayer, the following amounts (expressed in the taxpayer’s elected functional currency) are to be converted to Canadian currency using the relevant spot rate for the last day of the taxpayer’s last Canadian currency year:

i.  the amount that would be determined under subparagraph 1 of subparagraph i of paragraph b in respect of the particular amount if the particular taxation year were a functional currency year of the taxpayer, and

ii.  any amount so deducted, or so deemed to have been paid to the Minister, in computing the taxpayer’s Québec tax results for a functional currency year of the taxpayer; and

(d)  in any other case, this section does not apply.

2010, c. 5, s. 11.

21.4.31. If a winding-up described in section 556 begins at a particular time and the parent and the subsidiary referred to in that section would, in the absence of this section, have different tax reporting currencies at that time, the following rules apply for the purpose of computing the subsidiary’s Québec tax results for its taxation years that end after the particular time:

(a)  if the subsidiary’s tax reporting currency is Canadian currency,

i.  despite section 21.4.18, section 21.4.19 is deemed to apply to the subsidiary in respect of its taxation year that includes the particular time and each of its subsequent taxation years,

ii.  the subsidiary is deemed to have as its elected functional currency the parent’s tax reporting currency, and

iii.  if the subsidiary’s taxation year that includes the particular time would, in the absence of this section, be a reversionary year of the subsidiary, this chapter applies with the necessary modifications; and

(b)  if neither the subsidiary’s tax reporting currency nor the parent’s tax reporting currency is Canadian currency,

i.  the subsidiary’s first reversionary year is deemed to end at the given time that is immediately after the time at which it began,

ii.  a new taxation year of the subsidiary is deemed to begin immediately after the given time,

iii.  despite section 21.4.18, section 21.4.19 is deemed to apply to the subsidiary in respect of its taxation year that includes the particular time and each of its subsequent taxation years, and

iv.  the subsidiary is deemed to have as its elected functional currency the parent’s tax reporting currency.

2010, c. 5, s. 11.

21.4.32. If, in respect of an amalgamation within the meaning of section 544, a predecessor corporation has a tax reporting currency for its last taxation year that is different from that of the new corporation for its first taxation year, paragraphs a and b of section 21.4.31 apply, for the purpose of computing the predecessor corporation’s Québec tax results for its last taxation year, as if the tax reporting currencies referred to in those paragraphs were the tax reporting currencies referred to in this section and as if

(a)  “subsidiary” and “subsidiary’s” were replaced wherever they appear in the following provisions by “predecessor corporation” and “predecessor corporation’s”, respectively:

i.  the portion of that paragraph a before subparagraph iii,

ii.  that paragraph b;

(b)  “the subsidiary’s taxation year that includes the particular time” in subparagraph iii of that paragraph a was replaced by “the predecessor corporation’s last taxation year”;

(c)  “parent’s” was replaced in the following provisions by “new corporation’s”:

i.  subparagraph ii of that paragraph a,

ii.  the portion of that paragraph b before subparagraph i, and

iii.  subparagraph iv of that paragraph  b; and

(d)  “its taxation year that includes the particular time and each of its subsequent taxation years” was replaced in the following provisions by “its last taxation year”:

i.  subparagraph i of that paragraph a, and

ii.  subparagraph iii of that paragraph b.

2010, c. 5, s. 11.

21.4.33. If, for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the Canadian tax results of a corporation, within the meaning of subsection 1 of section 261 of that Act, for one or more taxation years are to be computed, under subsection 18 of that section 261, using the particular currency referred to in that subsection 18, the Québec tax results of the corporation for that taxation year or for those taxation years are to be computed, subject to the second paragraph, using that particular currency.

The Québec tax results of a corporation for one or more taxation years are to be computed using a given currency if

(a)  at any time (in this paragraph referred to as the “transfer time”) one or more properties are directly or indirectly transferred

i.  by the corporation to another corporation (in this paragraph referred to as the “transferor” and the “transferee”, respectively), or

ii.  by another corporation to the corporation (in this paragraph referred to as the “transferor” and the “transferee”, respectively);

(b)  the transferor and the transferee are related at the transfer time or become related in the course of a series of transactions or events that includes the transfer;

(c)  the transfer time

i.  is, or would in the absence of sections 21.4.31 and 21.4.32 be, in a functional currency year of the transferor and the transferor and the transferee have, or would in the absence of those sections have, different tax reporting currencies at the transfer time, or

ii.  is, or would in the absence of sections 21.4.31 and 21.4.32 be, in a reversionary year of the transferor and is not in a reversionary year of the transferee;

(d)  it can reasonably be considered that one of the main purposes of the transfer or of any portion of a series of transactions or events that includes the transfer is to change, or to enable the changing of, the currency in which the Québec tax results in respect of the property, or property substituted for it, for a taxation year would otherwise be determined; and

(e)  the Minister directs that those Québec tax results be computed in the given currency.

2010, c. 5, s. 11.

21.4.34. For the purposes of the second paragraph of section 21.4.33, if two or more corporations (each of which is in this section referred to as a “predecessor corporation”) are amalgamated or otherwise merged at a particular time to form one corporate entity (in this section referred to as the “new corporation”), the following rules apply:

(a)  the predecessor corporation is deemed to have transferred to the new corporation at the time (in this section referred to as the “merger transfer time”) that is immediately before the particular time each property that was held at the merger transfer time by the predecessor corporation and at the particular time by the new corporation;

(b)  the new corporation is deemed to exist, and to be related to the predecessor corporation, at the merger transfer time; and

(c)  the new corporation is deemed to have as its tax reporting currency at the merger transfer time its tax reporting currency at the particular time.

2010, c. 5, s. 11.

21.4.35. The rule set out in section 21.4.36 applies for the purpose of computing a taxpayer’s income, gain or loss for a taxation year in respect of a transaction (in this section and section 21.4.36 referred to as a “specified transaction”) if

(a)  the specified transaction was entered into, directly or indirectly, at any time by the taxpayer and a corporation (in this section referred to as the “related corporation”) to which the taxpayer was at that time related;

(b)  the taxpayer and the related corporation had different tax reporting currencies during the period (in this section referred to as the “accrual period”) in which the income, gain or loss accrued; and

(c)  it would, in the absence of this section and section 21.4.36, be reasonable to consider that a fluctuation during the accrual period in the value of the taxpayer’s tax reporting currency relative to the value of the related corporation’s tax reporting currency

i.  increased the taxpayer’s loss in respect of the specified transaction,

ii.  reduced the taxpayer’s income or gain in respect of the specified transaction, or

iii.  caused the taxpayer to have a loss, instead of income or a gain, in respect of the specified transaction.

2010, c. 5, s. 11.

21.4.36. The rule to which section 21.4.35 refers is the rule according to which each fluctuation in value referred to in paragraph c of that section is, for the purpose of computing a taxpayer’s income, gain or loss in respect of the specified transaction and despite any other provision of this Act, deemed not to have occurred.

2010, c. 5, s. 11.

21.4.37. For the purposes of this section and sections 21.4.33 to 21.4.36, the following rules apply:

(a)  if a property is directly or indirectly transferred to or by a partnership, the property is deemed to have been transferred to or by, as the case may be, each member of the partnership; and

(b)  if a partnership is a party to a transaction, each member of the partnership is deemed to be that party to that transaction.

2010, c. 5, s. 11.

CHAPTER VI TERM PREFERRED SHARES

1980, c. 13, s. 3.

21.5. A share of a class of the capital stock of a corporation is a term preferred share of the corporation if one of the following conditions is met:

(a)  the share was issued or acquired after 28 June 1982 and, at the time the share was issued or acquired, the existence of the corporation is, or there is an existing agreement under which it could be, limited;

(b)  it is issued after 16 November 1978, the owner thereof acquired it after 23 October 1979 and is a corporation, trust or partnership described in section 21.5.1 that, either alone or together with any such corporations, partnerships or trusts, controls or has an absolute or contingent right to control or to acquire control of the corporation;

(c)  it is issued after 16 November 1978 and, under its terms or conditions, an agreement in respect of the share or a modification of such terms or conditions or such agreement, either in the case of a share issued after 16 November 1978 and before 13 November 1981, or after 12 November 1981 and before 1 January 1983 pursuant to an agreement in writing to do so made before 13 November 1981, the share is convertible, directly or indirectly, into debt or into a share that would, if issued, be a term preferred share, and in any other case, the share is convertible or exchangeable, unless it is convertible into or exchangeable for a consideration described in section 21.5.5, or one of the provisions described in section 21.5.2, 21.5.3 or 21.5.4 applies.

1980, c. 13, s. 3; 1982, c. 5, s. 7; 1984, c. 15, s. 7; 1990, c. 59, s. 11; 1993, c. 16, s. 11; 1997, c. 3, s. 71.

21.5.1. For the purposes of paragraph b of section 21.5, the owner of the share must be

(a)  a corporation referred to in any of paragraphs a to e.1 of the definition of “specified financial institution” in section 1;

(b)  a corporation that is controlled by one or more corporations referred to in paragraph a,

(c)  a corporation that acquired the share after 11 December 1979 and is related to a corporation referred to in paragraph a or b, or

(d)  a partnership or trust of which a corporation referred to in paragraph a or b or a person related thereto is a member or a beneficiary.

1984, c. 15, s. 7; 1989, c. 5, s. 26; 1990, c. 59, s. 12; 1997, c. 3, s. 71; 2001, c. 53, s. 6.

21.5.2. The provisions referred to in paragraph c of section 21.5 are, in the case of a share issued between 16 November 1978 and 24 October 1979, the following:

(a)  the owner thereof may, within 10 years after the date of issue, cause the share to be redeemed, acquired or cancelled, otherwise than by reason only of a right to convert or exchange the share, or cause its paid-up capital to be reduced,

(b)  the issuing corporation or any person with whom it is not dealing at arm’s length is or may be required to redeem, acquire or cancel, in whole or in part, the share or to reduce its paid-up capital, otherwise than pursuant to a requirement of the corporation to redeem, acquire or cancel, annually, not more than 5% of the issued and fully paid shares of that class, or unless the owner may cause the share to be redeemed, acquired or cancelled by reason only of a right to convert or exchange the share, or

(c)  a person is or may be required to provide a guarantee or a similar covenant, including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the owner thereof or any person related thereto, with respect to the share.

1984, c. 15, s. 7; 1993, c. 16, s. 12; 1997, c. 3, s. 71.

21.5.3. The provisions referred to in paragraph c of section 21.5 are, in the case of a share issued between 23 October 1979 and 13 November 1981 or a share issued between 12 November 1981 and 1 January 1983 pursuant to an agreement in writing to that effect entered into before 13 November 1981, the following:

(a)  the owner thereof may, within 10 years after the date of issue, cause the share to be redeemed, acquired or cancelled, otherwise than by reason only of a right to convert or exchange the share, or cause its paid-up capital to be reduced,

(b)  a person is or may be required to redeem, acquire or cancel, in whole or in part, the share or to reduce its paid-up capital, within 10 years after the date of issue,

i.  otherwise than pursuant to a requirement of the issuing corporation to redeem, acquire or cancel annually not more than 5% of the issued and fully paid shares of that class and, where the requirement was agreed to after 21 April 1980, it provides that such redemption, acquisition or cancellation be in proportion to the number of shares of the class or of the series of the class registered in the name of each shareholder, or

ii.  unless the requirement to redeem, acquire or cancel the share arises by reason only of right to convert or exchange the share, or

(c)  a person provides or may be required to provide a guarantee or similar indemnity or covenant, including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the owner thereof or any person related thereto, with respect to the share.

1984, c. 15, s. 7; 1993, c. 16, s. 13; 1997, c. 3, s. 71.

21.5.4. The provisions referred to in paragraph c of section 21.5 are, in the case of a share issued between 12 November 1981 and 1 January 1983 otherwise than pursuant to an agreement referred to in section 21.5.3 or a share issued after 31 December 1982, one of the following:

(a)  the owner thereof may cause the share to be acquired, cancelled or redeemed, otherwise than by reason only of a right to convert or exchange the share, or cause its paid-up capital to be reduced;

(b)  a person or partnership is or may be required to acquire, cancel or redeem the share, in whole or in part, otherwise than by reason only of a right to convert or exchange the share, or to reduce its paid-up capital;

(c)  a person or partnership provides or may be required to provide a guarantee or similar indemnity or covenant, including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the holder thereof or any person related thereto, with respect to the share.

1984, c. 15, s. 7; 1990, c. 59, s. 13; 1997, c. 3, s. 71.

21.5.5. The consideration for which a share may be converted or exchanged and to which paragraph c of section 21.5 refers shall only include

(a)  another share of the issuing corporation or a corporation related to it that, if issued, would not be a term preferred share,

(b)  a right or warrant that, if exercised, would allow the person exercising it to acquire only a share of the issuing corporation or a corporation related to it that, if issued, would not be a term preferred share, or

(c)  both a share described in subparagraph a and a right or warrant described in subparagraph b.

For the purposes of the first paragraph, where a taxpayer may become entitled, upon the conversion or exchange of a share, to receive any particular consideration, other than consideration described in the first paragraph, in lieu of a fraction of a share, the particular consideration is deemed not to be consideration unless it may reasonably be considered that the particular consideration was receivable as part of a series of transactions or events one of the main purposes of which was to avoid or limit the application of section 21.10, 21.10.1 or 740.1.

1990, c. 59, s. 14; 1997, c. 3, s. 71.

21.6. For the purposes of section 21.5, a term preferred share does not include

(a)  a share issued after 16 November 1978 and before 1980 pursuant to an agreement in writing to do so made before 17 November 1978;

(b)  a share issued as a stock dividend before 22 April 1980 on a share of the capital stock of a public corporation that was not a term preferred share, or after 21 April 1980 on a share that was, at the time such dividend was paid, a share prescribed for the purposes of paragraph e;

(c)  a share described in section 21.6.1;

(d)  a share that is listed on a designated stock exchange located in Canada and was issued before 22 April 1980 by

i.  a corporation referred to in any of paragraphs a to d of the definition of “specified financial institution” in section 1,

ii.  a corporation whose principal business is the lending of money or the purchasing of debt obligations or a combination thereof, or

iii.  an issuing corporation associated with a corporation described in subparagraph i or ii;

(e)  a share that is, at that time, a prescribed share;

(f)  a share that is a taxable preferred share held by a specified financial institution that acquired the share before 16 December 1987 or before 1 January 1989 pursuant to an agreement in writing entered into before 16 December 1987, other than a share that is

i.  a share deemed, under section 21.9.4.2 or paragraph a of section 21.11.12, to have been issued after 15 December 1987, or

ii.  a share that would be deemed, under paragraph c of section 21.11.16, to have been issued after 15 December 1987 if the reference in the said section to “8:00 p.m. Eastern Daylight Saving Time, 18 June 1987” were read as a reference to “15 December 1987”.

1980, c. 13, s. 3; 1982, c. 5, s. 8; 1984, c. 15, s. 8; 1989, c. 5, s. 27; 1990, c. 59, s. 15; 1997, c. 3, s. 71; 2001, c. 7, s. 6; 2010, c. 5, s. 12.

21.6.1. A share is not a term preferred share, for a period of 10 years from the date of its issue, that was issued between 16 November 1978 and 13 November 1981, or for a period of 5 years from the date of its issue, if it was issued after 12 November 1981, and that was issued by a corporation resident in Canada and, in the case of a share issued after 23 October 1979, the proceeds from the issue may be regarded as having been used by the corporation or a corporation with which it was not dealing at arm’s length in the financing of its business carried on or, in the case of a share issued after 12 November 1981, carried on in Canada, immediately before the share was issued, and that was issued

(a)  as part of a proposal to, or an arrangement with, its creditors that had been approved by a competent court under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3),

(b)  at a time when all or substantially all of its assets were under the control of a receiver, receiver-manager, sequestrator or trustee in bankruptcy, or

(c)  at a time when, by reason of financial difficulty, the corporation or another corporation resident in Canada with which it does not deal at arm’s length was in default, or could reasonably be expected to default, on a debt obligation held by a person with whom the corporation or the other corporation was dealing at arm’s length and the share was issued, wholly or in substantial part, directly or indirectly in exchange or substitution for that obligation or a part thereof.

1984, c. 15, s. 9; 1990, c. 59, s. 16; 1995, c. 49, s. 14; 1997, c. 3, s. 71.

21.7. For the purposes of this chapter, where the terms or conditions of an agreement in writing referred to in paragraph a of section 21.6 were amended after 16 November 1978, the agreement is deemed to have been made after that date.

1980, c. 13, s. 3.

21.7.1. Where at any particular time after 15 December 1987, otherwise than pursuant to a written arrangement entered into before 16 December 1987, the terms or conditions of a taxable preferred share of the capital stock of a corporation relating to any matter referred to in paragraph c of section 21.5 or sections 21.5.2 to 21.5.5 have been established or modified, or any agreement in respect of the share relating to any such matter has been entered into or changed by the corporation or a specified person in relation to it, within the meaning of paragraph f of section 21.11.16, the share is deemed after that particular time to have been issued at that particular time.

1990, c. 59, s. 17; 1997, c. 3, s. 71.

21.8. Where the redemption date of a share was extended or the terms or conditions relating to its redemption, acquisition, cancellation or conversion or reduction of its paid-up capital were changed, the share is, for the purposes of determining whether it is a term preferred share, deemed to have been issued at the time of the extension or change otherwise than pursuant to an agreement referred to in section 21.5.3 or in paragraph a of section 21.6

1980, c. 13, s. 3; 1982, c. 5, s. 9; 1984, c. 15, s. 10.

21.9. The rule provided by section 21.8 applies where the change or extension occurs after 16 November 1978 in the case of a share issued before 17 November 1978, or after 12 November 1981 in the case of a share issued between 16 November 1978 and 13 November 1981 or a share issued between 12 November 1981 and 1 January 1983 pursuant to an agreement referred to in section 21.5.3.

1980, c. 13, s. 3; 1982, c. 5, s. 10; 1984, c. 15, s. 10.

21.9.1. Subject to section 21.9.2, the rule provided by section 21.8 also applies, with the necessary modifications, in the following cases:

(a)  where the terms or conditions of a share issued pursuant to an agreement referred to in paragraph a of section 21.6 or those of any agreement relating to such a share have been changed;

(b)  where the owner of a share may, alone or together with one or more taxpayers, require the acquisition, cancellation, conversion or redemption of the share or the reduction of its paid-up capital

i.  after 16 November 1978 under the terms or conditions of a share issued before 17 November 1978 and not listed on 16 November 1978 on a Canadian stock exchange that was prescribed on that date, of a share issued pursuant to an agreement referred to in paragraph a of section 21.6, of any agreement between the issuer and the owner of such a share, or any agreement relating to such a share made after 23 October 1979;

ii.  after 12 November 1981 in the case of a share issued between 16 November 1978 and 13 November 1981, except a share described in section 21.6.1 or a share listed on 13 November 1981 on a Canadian stock exchange that was prescribed on that date, or a share issued between 12 November 1981 and 1 January 1983 pursuant to an agreement referred to in section 21.5.3;

(c)  where a specified financial institution or a partnership or trust of which a specified financial institution or a person related thereto is a member or a beneficiary acquires,

i.  between 23 October 1979 and 13 November 1981, from a person, a share issued before 17 November 1978 or a share issued pursuant to an agreement referred to in paragraph a of section 21.6;

ii.  after 12 November 1981, from a person or a partnership, a share issued before 13 November 1981 or a share pursuant to an agreement referred to in section 21.5.3.

1984, c. 15, s. 10; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2001, c. 7, s. 7; 2010, c. 5, s. 13.

21.9.2. The rule provided by section 21.8 does not apply, in the case provided for in paragraph b of section 21.9.1, where the owner’s right could be exercised by reason of a default under the terms or conditions of the share or any agreement that related to, and was entered into at the time of, the issuance of the share.

The same applies, in the case provided for in paragraph c of the said section 21.9.1, where

(a)  the share described in subparagraph i of that paragraph c is

i.  a share issued to a corporation that was, at the time of issue,

(1)  a corporation referred to in any of paragraphs a to e of the definition of “specified financial institution” in section 1, or

(2)  a corporation controlled by one or more corporations referred to in subparagraph 1,

ii.  a share acquired from a person that was, at the time of acquisition, a corporation referred to in subparagraph 1 or 2 of subparagraph i, or

iii.  a share acquired under an agreement in writing made before 24 October 1979; and

(b)  the share described in subparagraph ii of that paragraph c is

i.  a share described in section 21.6.1,

ii.  a share acquired from a person that was, at the time of acquisition, a corporation referred to in any of paragraphs a to f of the definition of “specified financial institution” in section 1,

iii.  a share acquired in an acquisition that was not subject to an undertaking, referred to in section 740.2, given after 12 November 1981, or

iv.  a share acquired under an agreement in writing made before 24 October 1979 or an agreement referred to in section 21.5.3.

For the purposes of subparagraph 2 of subparagraph i of subparagraph a of the second paragraph, one corporation is controlled by another corporation if more than 50% of its issued share capital having full voting rights under all circumstances belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal at arm’s length.

1984, c. 15, s. 10; 1990, c. 59, s. 18; 1997, c. 3, s. 71; 1998, c. 16, s. 16; 2001, c. 53, s. 7.

21.9.3. Where a share of the capital stock of a corporation is issued or its terms or conditions are modified and it may reasonably be considered, having regard to all circumstances, including the rate of interest on any debt or the dividend provided on any term preferred share, that but for the existence of the debt or the term preferred share, the share would not have been issued or its terms or conditions modified, and one of the main purposes for its issue or for the modification of its terms or conditions was to avoid a limitation provided by section 740.1 or 845 in respect of a deduction, the share is deemed, from 1 January 1983, to be a term preferred share of the corporation.

1984, c. 15, s. 10; 1986, c. 19, s. 5; 1997, c. 3, s. 71.

21.9.4. Where the terms or conditions of a share of the capital stock of a corporation are modified or established after 28 June 1982 and as a consequence thereof the corporation, any person related thereto or any partnership or trust of which the corporation or a person related thereto is a member or a beneficiary, may reasonably be expected to redeem, acquire or cancel, in whole or in part, the share or to reduce its paid-up capital, the share is deemed as from the date of the modification or establishment to be a share described in paragraph c of section 21.5.

1984, c. 15, s. 10; 1997, c. 3, s. 71.

21.9.4.1. Where it may reasonably be considered that the dividends that may be declared or paid at any time on a share, other than a prescribed share or a share described in section 21.6.1 during the applicable time period referred to in that section, of the capital stock of a corporation issued after 15 December 1987 or acquired after 15 June 1988 are derived primarily from dividends received on term preferred shares of the capital stock of another corporation, and that the share was issued or acquired as part of a transaction or event or series of transactions or events one of the main purposes of which was to avoid or limit the application of section 740.1 or 845, the share is deemed, at that time, to be a term preferred share acquired in the ordinary course of business.

1990, c. 59, s. 19; 1997, c. 3, s. 71.

21.9.5. (Repealed).

1984, c. 15, s. 10; 1990, c. 59, s. 20.

21.10. Where a specified financial institution resident in Canada receives, in a taxation year, from a corporation not resident in Canada an amount as a dividend on a term preferred share, the amount is deemed, for the purposes of paragraphs c and l of section 87 and sections 746 to 749 and 772.2 to 772.13, to be received in the year as interest and not as a dividend on a share of the capital stock of a corporation.

1980, c. 13, s. 3; 1982, c. 5, s. 11; 1990, c. 59, s. 21; 1993, c. 16, s. 365; 1994, c. 22, s. 649; 1995, c. 63, s. 15; 1997, c. 3, s. 71.

21.10.1. The rule provided in section 21.10 also applies where a particular corporation receives, in a taxation year, from a corporation not resident in Canada a dividend on a share, other than a term preferred share, that is a grandfathered share or was issued before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 and was not deemed by section 740.3.1 to have been issued after that time, if the dividend is a dividend in respect of which no deduction could have been made under section 738, 740 or 845 by reason of sections 740.2 to 740.3.1 as they read on 17 June 1987, if the corporation that paid the dividend had been a taxable Canadian corporation.

1982, c. 5, s. 11; 1990, c. 59, s. 21; 1993, c. 16, s. 365; 1994, c. 22, s. 56; 1994, c. 22, s. 649; 1997, c. 3, s. 71.

21.10.2. Section 21.10 is not applicable to a dividend described therein if the share on which the dividend is paid was not acquired in the ordinary course of the business carried on by the specified financial institution.

1982, c. 5, s. 11.

21.11. Notwithstanding section 119, where an amount is paid or payable after 1978 as interest or as an amount in lieu of interest in respect of a dividend that became payable or in arrears after 16 November 1978 and the dividend is in respect of a share that is not a term preferred share by reason of having been issued before 17 November 1978 or pursuant to an agreement in writing referred to in paragraph a of section 21.6, the amount is, for the purposes of section 740.1 and the second paragraph of section 845, deemed to be a dividend received on a term preferred share.

1980, c. 13, s. 3.

CHAPTER VI.1 SHORT-TERM PREFERRED SHARES

1984, c. 15, s. 11.

21.11.1. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.2. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.3. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.4. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.5. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.6. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.7. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.8. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.9. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.10. (Repealed).

1984, c. 15, s. 11; 1990, c. 59, s. 22.

21.11.11. A short-term preferred share of a corporation at any particular time is a share, other than a grandfathered share, of the capital stock of the corporation issued after 15 December 1987 that, at that particular time, is

(a)  a share where, under the terms and conditions of the share, any agreement relating to the share or any modification of such terms, conditions or agreement, the corporation or a specified person in relation to it is or may, at any time within five years from the date of its issued, be required to acquire, cancel or redeem, in whole or in part, the share or to reduce the paid-up capital of the share, unless the requirement to acquire, cancel or redeem the share arises only in the event of the death of the shareholder or by reason only of a right to convert or exchange the share, or

(b)  a share that is convertible or exchangeable at any time within five years from the date of its issue, unless

i.  it is convertible into or exchangeable for

(1)  another share of the corporation or a corporation related to the corporation that, if issued, would not be a short-term preferred share;

(2)  a right or warrant that, if exercised, would allow the person exercising it to acquire only a share of the corporation or a corporation related to the corporation that, if issued, would not be a short-term preferred share, or

(3)  both a share described in subparagraph 1 and a right or warrant described in subparagraph 2, and

ii.  all the consideration receivable for the share on the conversion or exchange is the share described in subparagraph 1 of subparagraph i or the right or warrant described in subparagraph 2 of the said subparagraph i or both such share and such right or warrant, and, for the purposes of this subparagraph, where a taxpayer may become entitled upon the conversion or exchange of a share to receive any particular consideration, other than consideration described in any of subparagraphs 1 to 3 of subparagraph i, in lieu of a fraction of a share, the particular consideration is deemed not to be consideration unless it may reasonably be considered that the particular consideration was receivable as part of a series of transactions or events one of the main purposes of which was to avoid or limit the application of Part IV.1 or VI.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 59, s. 23; 1997, c. 3, s. 71.

21.11.12. For the purposes of this chapter, the following rules apply:

(a)  where at any particular time after 15 December 1987, otherwise than pursuant to a written arrangement entered into before 16 December 1987, the terms or conditions of a share of the capital stock of a corporation that are relevant to any matter referred to in any of paragraphs a and b of section 21.11.11 or d and f of this section are established or modified, or any agreement in respect of any such matter to which the corporation or a specified person in relation to it is a party, is entered into or changed, the share is deemed after that particular time to have been issued at that particular time;

(b)  where, at any particular time after 15 December 1987, a particular share of the capital stock of a corporation has been issued or its terms or conditions have been modified or an agreement in respect of the share is entered into or modified, the particular share is deemed after that particular time to have been issued at that particular time and to be a short-term preferred share of the corporation, if it may reasonably be considered, having regard to all the circumstances, including the rate of interest on any debt obligation or the dividend provided on any short-term preferred share, that

i.  but for the existence at any time of such a debt obligation or such a short-term preferred share, the particular share would not have been issued or its terms or conditions modified or the agreement in respect of the share would not have been entered into or modified;

ii.  one of the main purposes for the issue of the particular share or the modification of its terms or conditions or the entering into or modification of the agreement in respect of the share was to avoid or limit the tax payable under subsection 1 of section 191.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(c)  where at any particular time after 15 December 1987, otherwise than pursuant to a written arrangement entered into before 16 December 1987, the terms or conditions of a share of the capital stock of a corporation are established or modified or any agreement in respect of the share has been entered into or changed, and as a consequence thereof the corporation or a specified person in relation to it may reasonably be expected to acquire, cancel or redeem the share, in whole or in part, otherwise than by reason of the death of the shareholder or by reason only of a right to convert or exchange the share that would not cause the share to be a short-term preferred share by reason of paragraph b of section 21.11.11, or to reduce its paid-up capital, within five years from the particular time, the share is deemed to have been issued at that particular time and to be a short-term preferred share of the corporation from the particular time until the time that such reasonable expectation ceases to exist;

(d)  where a share of the capital stock of a corporation was issued after 15 December 1987 and at the time the share was issued the existence of the corporation was, or there was an arrangement under which it could be, limited to a period that was within five years from the date of its issue, the share is deemed to be a short-term preferred share of the corporation unless the share is a grandfathered share and the arrangement is a written arrangement entered into before 16 December 1987;

(e)  where a share of the capital stock of a corporation is acquired at any time after 15 December 1987 by the corporation or a specified person in relation to it and the share is at any particular time after that time acquired from the corporation or a specified person in relation to it by a person with whom the corporation or a specified person in relation to it was dealing at arm’s length if this Part were read without reference to paragraph b of section 20, the share is deemed after that particular time to have been issued at that particular time;

(f)  where at any particular time after 15 December 1987, otherwise than pursuant to a written arrangement entered into before 16 December 1987, as a result of the terms or conditions of a share of the capital stock of a corporation or any agreement entered into by the corporation or a specified person in relation to it, any person, other than the corporation or an individual other than a trust, was obligated, either absolutely or contingently and either immediately or in the future, to effect any undertaking within five years after the date on which the share was issued, including any guarantee, covenant or agreement to purchase or repurchase the share, and including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the shareholder or a specified person in relation to the shareholder, the share is deemed after that particular time to have been issued at the particular time and to be at and immediately after the particular time a short-term preferred share, if the undertaking is given

i.  to ensure that any loss that the shareholder or a specified person in relation to the shareholder may sustain by reason of the ownership, holding or disposition of the share or any other property is limited in any respect, and

ii.  as part of a transaction or event or series of transactions or events that included the issuance of the share;

(g)  for the purposes of paragraph f where the undertaking referred to therein in respect of a share is given after 15 December 1987, otherwise than pursuant to a written arrangement entered into before 16 December 1987, the share is deemed to have been issued at that time and the undertaking is deemed to have been given as part of a series of transactions that included the issuance of the share;

(h)  a share that is, at the time a dividend is paid thereon, a share described in section 21.6.1 during the applicable time period referred to in that section or a prescribed share is, notwithstanding any other provision of this chapter, deemed not to be a short-term preferred share at that time;

(i)  the expression “specified person” has the meaning assigned by paragraph f of section 21.11.16.

1990, c. 59, s. 23; 1997, c. 3, s. 71; 2003, c. 2, s. 10.

21.11.13. For the purposes of paragraph a of section 21.11.11 and paragraph c of section 21.11.12,

(a)  an agreement in respect of a share of the capital stock of a corporation shall be read without reference to that part of the agreement under which a person agrees to acquire the share for an amount

i.  in the case of a share, other than a share that would, but for that part of the agreement, be a taxable preferred share, the agreement in respect of which provides that the share is to be acquired within 60 days after the date on which the agreement was entered into, that does not exceed the greater of the fair market value of the share at the time the agreement was entered into, determined without reference to the agreement, and the fair market value of the share at the time of the acquisition, determined without reference to the agreement;

ii.  in any other case, that does not exceed the fair market value of the share at the time of the acquisition, determined without reference to the agreement, or for an amount determined by reference to the assets or earnings of the corporation where such determination may reasonably be considered to be used to determine an amount that does not exceed the fair market value of the share at the time of the acquisition, determined without reference to the agreement;

(b)  the expression “shareholder” includes a shareholder of a shareholder.

1990, c. 59, s. 23; 1997, c. 3, s. 71.

CHAPTER VI.2 TAXABLE PREFERRED SHARES

1990, c. 59, s. 23.

21.11.14. A taxable preferred share at any particular time is

(a)  a share issued after 15 December 1987 that is a short-term preferred share at that particular time, or

(b)  a share, other than a grandfathered share, of the capital stock of a corporation issued after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 where, at that particular time, by reason of the terms or conditions of the share or any agreement in respect of the share or its issue to which the corporation, or a specified person in relation to it, is a party,

i.  it may reasonably be considered, having regard to all the circumstances, that the amount of the dividends that may be declared or paid on the share, in this chapter referred to as the “dividend entitlement”, is, by way of a formula or otherwise, fixed, limited to a maximum, or, if with respect to the dividend that may be declared or paid on the share there is a preference over any other dividend that may be declared or paid on any other share of the capital stock of the corporation, established to be not less than a minimum, including any amount determined on a cumulative basis,

ii.  it may reasonably be considered, having regard to all the circumstances, that the amount that the shareholder, which includes a shareholder of the shareholder for the purposes of this subparagraph, is entitled to receive in respect of the share on the dissolution, liquidation or winding-up of the corporation or on the acquisition, cancellation or redemption of the share, unless the requirement to acquire, cancel or redeem the share arises only in the event of the death of the shareholder or by reason only of a right to convert or exchange the share, or on the reduction of the paid-up capital of the share by the corporation or by a specified person in relation to it, in this chapter referred to as the “liquidation entitlement”, is, by way of a formula or otherwise, fixed, limited to a maximum, or established to be not less than a minimum,

iii.  the share is convertible or exchangeable at any time, unless

(1)  it is convertible into or exchangeable for another share of the corporation or a corporation related to it that, if issued, would not be a taxable preferred share, referred to in this subparagraph and in subparagraph 2 as the “particular share”, for a right or warrant that, if exercised, would allow the person exercising it to acquire only a share of the corporation or a corporation related to it that, if issued, would not be a taxable preferred share, or for both a particular share and such right or warrant, and

(2)  all the consideration receivable for the share on the conversion or exchange is the particular share or the right or warrant described in subparagraph 1 or both such share and such right or warrant, and for the purposes of this subparagraph, where a taxpayer may become entitled upon the conversion or exchange of a share to receive any particular consideration, other than consideration described in subparagraph 1, in lieu of a fraction of a share, the particular consideration is deemed not to be consideration unless it may reasonably be considered that the particular consideration was receivable as part of a series of transactions or events one of the main purposes of which was to avoid or limit the application of Part IV.1 or VI.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), or

iv.  any person, other than the corporation, was, at or immediately before that particular time, obligated, either absolutely or contingently and either immediately or in the future, to effect any undertaking, in this chapter referred to as a “guarantee agreement”, including any guarantee, covenant or agreement to purchase or repurchase the share, and including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the shareholder or any specified person in relation to the shareholder, given

(1)  as part of a transaction or event or series of transactions or events that included the issuance of the share, and

(2)  to ensure that any loss that the shareholder or a specified person in relation to the shareholder may sustain by reason of the ownership, holding or disposition of the share or any other property is limited, or allow the shareholder or a specified person in relation to the shareholder to derive earnings by reason of the ownership, holding or disposition of the share or any other property.

For the purposes of subparagraph b of the first paragraph, where the guarantee agreement in respect of a share of the capital stock of a corporation is given after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, otherwise than pursuant to a written arrangement entered into before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, the share is deemed to have been issued at that time and the guarantee agreement is deemed to have been given as part of a series of transactions that included the issuance of the share.

1990, c. 59, s. 23; 1997, c. 3, s. 71.

21.11.15. For the purposes of section 21.11.14, a taxable preferred share does not include a share that is, at the particular time prescribed in that section, a share described in section 21.6.1 during the applicable time period referred to in that section or a prescribed share.

1990, c. 59, s. 23.

21.11.16. For the purposes of this chapter,

(a)  the dividend entitlement of a share of the capital stock of a corporation is deemed not to be fixed, limited to a maximum or established to be not less than a minimum where all dividends on the share are determined solely by reference to the dividend entitlement of another share of the capital stock of the corporation or of a corporation that controls the corporation that would not be a taxable preferred share if this chapter were read without reference to paragraph d, and if the other share were issued after 18 June 1987 and were not a grandfathered share, a prescribed share or a share described in section 21.6.1;

(b)  the liquidation entitlement of a share of the capital stock of a corporation is deemed not to be fixed, limited to a maximum or established to be not less than a minimum where all the liquidation entitlement is determinable solely by reference to the liquidation entitlement of another share of the capital stock of the corporation or of a corporation that controls the corporation that would not be a taxable preferred share if this section were read without reference to paragraph d, and if the other share were issued after 18 June 1987 and were not a grandfathered share, a prescribed share or a share described in section 21.6.1;

(c)  where at any particular time after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, otherwise than pursuant to a written arrangement entered into before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, the terms or conditions of a share of the capital stock of a corporation that are relevant to any matter referred to in any of subparagraphs i to iv of subparagraph b of the first paragraph of section 21.11.14 or the second paragraph of that section are established or modified, or any agreement in respect of any such matter to which the corporation or a specified person in relation to it is a party, is entered into or changed, the share is, for the purposes of determining whether it is a taxable preferred share after the particular time, deemed to have been issued at that particular time, unless the share is a share described in paragraph b of section 21.11.20 and the particular time is before 16 December 1987 and before the time at which the share is first issued;

(d)  an agreement in respect of a share of the capital stock of a corporation shall be read without reference to that part of the agreement under which a person agrees to acquire the share for an amount

i.  in the case of a share the agreement in respect of which provides that the share is to be acquired within 60 days after the date on which the agreement was entered into, that does not exceed the greater of the fair market value of the share at the time the agreement was entered into, determined without reference to the agreement, and the fair market value of the share at the time of the acquisition, determined without reference to the agreement;

ii.  in any other case, that does not exceed the fair market value of the share at the time of the acquisition, determined without reference to the agreement, or for an amount determined by reference to the assets or earnings of the corporation where such determination may reasonably be considered to be used to determine an amount that does not exceed the fair market value of the share at the time of the acquisition, determined without reference to the agreement;

(e)  where it may reasonably be considered that the dividends that may be declared or paid to a shareholder at any time on a share, other than a prescribed share or a share described in section 21.6.1 during the applicable time period referred to in that section, of the capital stock of a corporation issued after 15 December 1987 or acquired after 15 June 1988 are derived primarily from dividends received on taxable preferred shares of the capital stock of another corporation, and that the share was issued or acquired as part of a transaction or event or series of transactions or events one of the main purposes of which was to avoid or limit the application of Part IV.1 or VI.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the share is deemed, at that time, to be a taxable preferred share;

(f)  a specified person in relation to any particular person is a person with whom the particular person does not deal at arm’s length or any partnership or trust of which the particular person or the person is a member or beneficiary.

1990, c. 59, s. 23; 1997, c. 3, s. 71.

CHAPTER VI.3

Repealed, 1993, c. 16, s. 14.

1990, c. 59, s. 23; 1993, c. 16, s. 14.

21.11.17. (Repealed).

1990, c. 59, s. 23; 1993, c. 16, s. 14.

21.11.18. (Repealed).

1990, c. 59, s. 23; 1993, c. 16, s. 14.

21.11.19. (Repealed).

1990, c. 59, s. 23; 1993, c. 16, s. 14.

CHAPTER VI.4 GRANDFATHERED SHARES

1990, c. 59, s. 23.

21.11.20. A grandfathered share is

(a)  a share of the capital stock of a corporation issued after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 pursuant to an agreement in writing entered into before that time,

(b)  a share of the capital stock of a corporation issued after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 and before 1 January 1988 as part of a distribution to the public made in accordance with the terms of a final prospectus, preliminary prospectus, registration statement, offering memorandum or notice filed before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 with a public body in accordance with the securities legislation of the jurisdiction in which the shares are distributed,

(c)  a share of the capital stock of a corporation the right of exchange and all or substantially all the terms and conditions of which were established in writing before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 and that is issued after that time in exchange for

i.  a share of a corporation that was issued before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 or is a grandfathered share, or

ii.  a debt obligation of a corporation that was issued before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, or issued after that time pursuant to an agreement in writing entered into before that time, or after that time and before 1 January 1988 as part of a distribution to the public made in accordance with the terms of a final prospectus, preliminary prospectus, registration statement, offering memorandum or notice filed before that time with a public authority pursuant to and in accordance with the securities legislation of the jurisdiction in which the debt obligation is distributed, or

(d)  a share of a class of the capital stock of a Canadian corporation listed on a designated stock exchange that was issued after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 upon the exercise of a right listed on a designated stock exchange that was issued before that time, that was issued after that time pursuant to an agreement in writing entered into before that time or that was issued after that time and before 1 January 1988 as part of a distribution to the public made in accordance with the terms of a final prospectus, preliminary prospectus, registration statement, offering memorandum or notice filed before that time with a public authority pursuant to and in accordance with the securities legislation of the jurisdiction in which the rights were distributed, where all or substantially all the terms and conditions of the right and the share were established in writing before that time.

1990, c. 59, s. 23; 1993, c. 16, s. 15; 1997, c. 3, s. 71; 1997, c. 14, s. 13l; 2001, c. 7, s. 169; 2001, c. 53, s. 8; 2003, c. 2, s. 11; 2010, c. 5, s. 14.

21.11.21. For the purposes of section 21.11.20, a share that is deemed under Chapter VI, VI.1 or VI.2 or section 740.3.1 to have been issued at any time is, for the purposes of that chapter or section, deemed not to be a grandfathered share after that time.

1990, c. 59, s. 23.

CHAPTER VII INCOME BONDS

1980, c. 13, s. 3.

21.12. In this Part, “income bond” or “income debenture” of a particular corporation means a bond or debenture in respect of which interest or dividends are payable only to the extent that the particular corporation has made a profit before taking into account the payment of the interest or dividend, and which is a bond or debenture

(a)  that was issued before 17 November 1978;

(b)  that was issued after 16 November 1978 and before 1980 pursuant to an agreement in writing to do so made before 17 November 1978; or

(c)  issued, for a term that in no circumstances may exceed five years, by a corporation that is resident in Canada, the proceeds from the issue of which, in the case of a bond or debenture issued after 12 November 1981, may reasonably be regarded as having been used by the particular corporation or a corporation with which it was not dealing at arm’s length in the financing of its business carried on in Canada immediately before it was issued and that was issued

i.  as part of a proposal to, or an arrangement with, the creditors of the particular corporation that had been approved by a competent court under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3),

ii.  at a time when all or substantially all of the assets of the particular corporation were under the control of a receiver, receiver-manager, sequestrator or trustee in bankruptcy, or

iii.  wholly or in substantial part, directly or indirectly, in exchange or substitution for a debt obligation, or a part thereof, of the particular corporation or another corporation resident in Canada with which it does not deal at arm’s length held by a person with whom the particular corporation or the other corporation was dealing at arm’s length at a time when, by reason of financial difficulty, the particular corporation or the other corporation was in default or could reasonably be expected to default on that debt.

1980, c. 13, s. 3; 1982, c. 5, s. 12; 1984, c. 15, s. 12; 1990, c. 59, s. 24; 1995, c. 49, s. 15; 1997, c. 3, s. 71; 2003, c. 2, s. 12; 2005, c. 23, s. 33.

21.13. For the purposes of this chapter, where the terms or conditions of an agreement in writing referred to in paragraph b of section 21.12 were amended after 16 November 1978, the agreement is deemed to have been made after that date.

1980, c. 13, s. 3.

21.14. Where, at a particular time after 16 November 1978, the maturity date of a bond or debenture was extended or the terms or conditions relating to the repayment of the principal amount thereof were changed, the bond or debenture is, for the purposes of determining at any time after the particular time whether it is an income bond or income debenture, as the case may be, deemed to have been issued at the particular time otherwise than pursuant to an agreement in writing referred to in paragraph b of section 21.12.

1980, c. 13, s. 3; 1982, c. 5, s. 13.

21.15. The rule provided in section 21.14 applies also where

(a)  the terms or conditions of a bond or debenture issued pursuant to an agreement in writing referred to in paragraph b of section 21.12 or those of any agreement relating to such a bond or debenture have been changed at a particular time;

(b)  under the terms or conditions of a bond or debenture acquired in the ordinary course of the business carried on by a specified financial institution or a partnership or trust, other than a testamentary trust, or under the terms or conditions of any agreement relating to any such bond or debenture, other than an agreement made before 24 October 1979 to which the issuer or any person related thereto was not a party, the owner thereof could at a particular time after 16 November 1978 require, either alone or together with one or more taxpayers, the repayment, acquisition, cancellation or conversion of the bond or debenture otherwise than by reason of a failure or default under the terms or conditions of the bond or debenture or of any agreement that related to, and was entered into at the time of, the issuance of the bond or debenture;

(c)  at a particular time a specified financial institution, or a partnership or trust of which a specified financial institution or a person related to such an institution is a member or beneficiary, acquires a bond or debenture that

i.  was issued before 17 November 1978 or under an agreement in writing referred to in paragraph b of section 21.12,

ii.  was issued to a person other than a corporation that was, at the time of issue,

(1)  a corporation referred to in any of paragraphs a to e of the definition of “specified financial institution” in section 1, or

(2)  a corporation controlled by one or more corporations referred to in subparagraph 1,

iii.  was acquired from a person that was, at the particular time and at the time the person last acquired the bond or debenture, a person other than a corporation referred to in any of paragraphs a to f of the definition of “specified financial institution” in section 1, and

iv.  was acquired otherwise than under an agreement in writing made before 24 October 1979; or

(d)  at a particular time after 12 November 1981, a specified financial institution, or a partnership or trust of which a specified financial institution or a person related to such an institution is a member or beneficiary, acquires a bond or debenture that

i.  was not a bond or debenture referred to in subparagraph c,

ii.  was acquired from a person that was, at the particular time, a corporation referred to in any of paragraphs a to f of the definition of “specified financial institution” in section 1, and

iii.  was acquired subject to an undertaking given after 12 November 1981 that would be an undertaking referred to in section 740.2 if that section applied to an income bond or income debenture.

For the purposes of subparagraph 2 of subparagraph ii of subparagraph c of the first paragraph, one corporation is controlled by another corporation if more than 50% of its issued share capital having full voting rights under all circumstances belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal at arm’s length.

1980, c. 13, s. 3; 1982, c. 5, s. 14; 1984, c. 15, s. 13; 1990, c. 59, s. 25; 1997, c. 3, s. 71; 2001, c. 53, s. 9.

21.16. Notwithstanding section 119, where an amount is paid or payable after 31 December 1978 as interest or as an amount in lieu of interest in respect of any interest or dividend payable after 16 November 1978 on an income bond or an income debenture issued before 17 November 1978 or pursuant to an agreement in writing referred to in paragraph b of section 21.12, the amount is, for the purposes of section 740.1 and the second paragraph of section 845, deemed to be a dividend received on a term preferred share.

1980, c. 13, s. 3; 1986, c. 19, s. 6.

CHAPTER VIII SPECIFIED SHAREHOLDERS AND CANADIAN CONTROLLED PRIVATE CORPORATIONS

1986, c. 15, s. 37; 1997, c. 3, s. 16.

21.17. A specified shareholder of a corporation in a taxation year is a taxpayer who owns, directly or indirectly, at any time in the year, not less than 10% of the issued shares of any class of the capital stock of the corporation or of any other corporation that is related to the corporation.

1986, c. 15, s. 37; 1997, c. 3, s. 71.

21.18. The following rules apply for the purpose of determining whether or not a taxpayer is a specified shareholder of a corporation at any time:

(a)  a taxpayer is deemed to own each share of the capital stock of a corporation owned at that time by a person with whom the taxpayer does not deal at arm’s length;

(b)  each beneficiary of a trust is deemed to own that proportion of all the shares of the capital stock of a corporation that are owned by the trust at that time that the fair market value at that time of the beneficial interest of the beneficiary in the trust is of the fair market value at that time of all beneficial interests in the trust;

(c)  each member of a partnership is deemed to own that proportion of all the shares of the capital stock of a corporation that are property of the partnership at that time that the fair market value at that time of the member’s interest in the partnership is of the fair market value at that time of the interests of all members in the partnership;

(d)  an individual who performs services on behalf of a corporation that would be carrying on a personal services business if the individual or any person related to the individual were at that time a specified shareholder of the corporation is deemed to be a specified shareholder of the corporation at that time if the individual, or any person or partnership with whom the individual does not deal at arm’s length, is, or by virtue of any arrangement, may become, entitled, directly or indirectly, to not less than 10% of the assets or the shares of any class of the capital stock of the corporation or any corporation related thereto; and

(e)  notwithstanding paragraph b, where a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, the beneficiary is deemed to own each share of the capital stock of a corporation owned at that time by the trust.

1986, c. 15, s. 37; 1994, c. 22, s. 57; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 17; 2005, c. 1, s. 25.

21.19. “Canadian-controlled private corporation” means a private corporation that is a Canadian corporation other than a corporation

(a)  controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada, by one or more public corporations, other than a prescribed corporation, by one or more corporations described in subparagraph c, or by any combination thereof;

(b)  that would, if each share of the capital stock of a corporation that is owned by a person not resident in Canada, by a public corporation, other than a prescribed corporation, or by a corporation described in subparagraph c were owned by a particular person, be controlled by the particular person;

(c)  a class of the shares of the capital stock of which is listed on a designated stock exchange; or

(d)  that, for the purposes of section 6.1.1 and of subsection 1 of section 771 in respect of a particular taxation year, made a valid election under subsection 11 of section 89 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) to not be considered, for certain purposes, to be a Canadian-controlled private corporation at any time in or after a taxation year that is the particular taxation year or a preceding taxation year, and that did not revoke the election in accordance with subsection 12 of section 89 of that Act as of the end of a taxation year preceding the particular taxation year.

Chapter V.2 applies in relation to an election made under subsection 11 of section 89 of the Income Tax Act and, if applicable, in relation to the revocation of that election made under subsection 12 of section 89 of that Act.

1986, c. 15, s. 37; 1990, c. 59, s. 26; 1997, c. 3, s. 17; 2001, c. 7, s. 8; 2003, c. 2, s. 13; 2009, c. 5, s. 33; 2010, c. 5, s. 15.

CHAPTER IX ASSOCIATED CORPORATIONS

1989, c. 5, s. 28; 1997, c. 3, s. 71.

21.20. For the purposes of this Part, one corporation is associated with another in a taxation year if at any time in the year,

(a)  one of the corporations controlled, directly or indirectly in any manner whatever, the other;

(b)  both of the corporations were controlled, directly or indirectly in any manner whatever, by the same person or group of persons;

(c)  each of the corporations was controlled, directly or indirectly in any manner whatever, by a person and the person who so controlled one of the corporations was related to the person who so controlled the other, and either of those persons owned, in respect of each corporation, not less than 25% of the issued shares of any class, other than a specified class, of the capital stock thereof;

(d)  one of the corporations was controlled, directly or indirectly in any manner whatever, by a person and that person was related to each member of a group of persons that so controlled the other corporation, and that person owned, in respect of the other corporation, not less than 25% of the issued shares of any class, other than a specified class, of the capital stock thereof; or

(e)  each of the corporations was controlled, directly or indirectly in any manner whatever, by a related group and each of the members of one of the related groups was related to all of the members of the other related group, and one person who was a member of both related groups owned alone, or several persons who were members of both related groups owned together, in respect of each corporation, not less than 25% of the issued shares of any class, other than a specified class, of the capital stock thereof.

1989, c. 5, s. 28; 1990, c. 59, s. 27; 1997, c. 3, s. 71.

21.20.1. For the purposes of section 21.20, the expression “specified class” means a class of shares of the capital stock of a corporation where, under the terms or conditions of the shares or any agreement in respect thereof,

(a)  the shares are not convertible or exchangeable;

(b)  the shares are non-voting;

(c)  the amount of each dividend payable on the shares is a fixed amount or is determined by reference to a fixed percentage of the fair market value of the consideration for which the shares were issued;

(d)  the annual rate of the dividend on the shares, expressed as a percentage of the fair market value of the consideration for which the shares were issued, cannot in any event exceed the prescribed rate of interest at the time the shares were issued; and

(e)  the amount that any holder of the shares is entitled to receive on the redemption, cancellation or acquisition of the shares by the corporation or by any person with whom the corporation does not deal at arm’s length cannot exceed the aggregate of the fair market value of the consideration for which the shares were issued and the amount of any unpaid dividends thereon.

1990, c. 59, s. 28; 1997, c. 3, s. 71.

21.20.2. For the purposes of sections 21.20 to 21.24,

(a)  a group of persons in respect of a corporation means any two or more persons each of whom owns shares of the capital stock of the corporation;

(b)  for greater certainty,

i.  a corporation that is controlled by one or more members of a particular group of persons in respect of that corporation is deemed to be controlled by that group of persons, and

ii.  a corporation may be controlled by a person or a particular group of persons notwithstanding that the corporation is also controlled or deemed to be controlled by another person or group of persons;

(c)  a corporation is deemed to be controlled by another corporation, a person or a group of persons at any time where the other corporation, the person or the group of persons, as the case may be, owns at that time

i.  shares of the capital stock of the corporation having a fair market value of more than 50% of the fair market value of all the issued and outstanding shares of the capital stock of the corporation, or

ii.  common shares of the capital stock of the corporation having a fair market value of more than 50% of the fair market value of all the issued and outstanding common shares of the capital stock of the corporation;

(d)  shares of the capital stock of a corporation that are owned or deemed under this section to be owned at any time by another corporation are deemed to be owned at that time by each shareholder of that other corporation in a proportion equal to the proportion of all such shares that

i.  the fair market value of the shares of the capital stock of the other corporation owned at that time by the shareholder is of

ii.  the fair market value of all the issued and outstanding shares of the capital stock of the other corporation at that time;

(e)  shares of the capital stock of a corporation that are owned or deemed under this section to be owned at any time by a partnership are deemed to be owned at that time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time;

(f)  where shares of the capital stock of a corporation are owned or deemed under this section to be owned at any time by a trust,

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust arising before the date of death of one or the last surviving of such beneficiaries, in this paragraph referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  where any such beneficiary’s share of the income or capital of the trust depends upon the exercise by any person of, or the failure by any person to exercise, a power to appoint, such shares are deemed to be owned at any time before the distribution date by the beneficiary, and

(2)  where subparagraph 1 does not apply, such shares are deemed to be owned at any time before the distribution date by any such beneficiary in a proportion that is equal to the proportion of all such shares that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all such beneficiaries,

ii.  where any such beneficiary’s share of the accumulating income or capital of the trust depends upon the exercise by any person of, or the failure by any person to exercise, a power to appoint, such shares are deemed to be owned at that time by the beneficiary, except where subparagraph i applies and that time is before the distribution date,

iii.  in any case where subparagraph ii does not apply, a beneficiary is deemed at that time to own the proportion of such shares that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, except where subparagraph i applies and that time is before the distribution date, and

iv.  in the case of a trust referred to in section 467, the person referred to therein from whom property of the trust or property for which it was substituted was directly or indirectly received is deemed to own such shares at that time; and

(g)  in determining the fair market value of a share of the capital stock of a corporation, all issued and outstanding shares of the capital stock of the corporation are deemed to be non-voting.

1990, c. 59, s. 28; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2005, c. 1, s. 26; 2009, c. 15, s. 31.

21.20.3. Shares of the capital stock of a corporation that are owned at any time by a child who is under 18 years of age are deemed, for the purposes of determining whether the corporation is associated at that time with any other corporation that is controlled, directly or indirectly in any manner whatever, by the father or the mother of the child or by a group of persons of which the father or mother is a member, to be owned at that time by the father or the mother, as the case may be, unless, having regard to all the circumstances, it may reasonably be considered that the child manages the business and affairs of the corporation and does so without a significant degree of influence by the father or mother.

1990, c. 59, s. 28; 1993, c. 16, s. 16; 1997, c. 3, s. 71; 1998, c. 16, s. 18.

21.20.4. For the purpose of determining if a corporation is associated with any other corporation with which it is not otherwise associated, where a person or any partnership in which the person has an interest has a right at any time under a contract or otherwise, either immediately or in the future and either absolutely or contingently,

(a)  to, or to acquire, shares of the capital stock of a corporation, or to control the voting rights of such shares, the person or partnership is, except where the right cannot be exercised at that time because the exercise thereof is contingent on the death, bankruptcy or permanent disability of an individual, deemed to own the shares at that time and the shares are deemed to be issued and outstanding at that time; or

(b)  to cause a corporation to redeem, acquire or cancel any shares of its capital stock owned by other shareholders of a corporation, the person or partnership is, except where the right cannot be exercised at that time because the exercise thereof is contingent on the death, bankruptcy or permanent disability of an individual, deemed at that time to have had the same position in relation to control of the corporation and ownership of shares of the capital stock of the corporation as if the shares were redeemed, acquired or cancelled by the corporation.

1990, c. 59, s. 28; 1993, c. 16, s. 16; 1997, c. 3, s. 71.

21.20.5. For the purposes of sections 21.20 to 21.24, a person who owns shares in two or more corporations is deemed, as shareholder of one of the corporations, to be related to himself, herself or itself as shareholder of each of the other corporations.

1990, c. 59, s. 28; 1997, c. 3, s. 71; 1998, c. 16, s. 19.

21.20.6. For the purposes of section 21.20.2 and notwithstanding section 21.20.4,

(a)  any share that is described in section 21.6.1 during one of the periods referred to therein or that is a share of a specified class within the meaning of section 21.20.1 is deemed not to be issued and outstanding and not to be owned by any shareholder;

(b)  an amount equal to the greater of the paid-up capital of the share referred to in paragraph a and the amount that any holder of the share is entitled to receive on the redemption, cancellation or acquisition of the share by the corporation is deemed to be a liability of the corporation.

1990, c. 59, s. 28; 1997, c. 3, s. 71.

21.20.7. For the purpose of determining if two corporations are associated with each other at any time by reason of both of the corporations being controlled at that time, directly or indirectly, by the same group of persons that includes one or more specified entities, neither the shares of the capital stock of those corporations owned by any specified entity that is a member of the group of persons, nor any right referred to in section 21.20.4 held by any specified entity that is a member of the group of persons, shall be taken into account at that time.

However, where a specified entity is a member at a particular time of a group of persons that controls several corporations, and, at that time, the specified entity acts in concert with one or more members of the group of persons to control those corporations, the specified entity is deemed, for the purposes of the first paragraph in respect of those corporations, not to be a specified entity at that time.

2002, c. 40, s. 18.

21.20.8. For the purpose of determining if a corporation is associated with a specified entity at any time, otherwise than by virtue of section 21.25, neither the fair market value of the shares of the capital stock of the corporation owned by the specified entity, nor any right referred to in section 21.20.4 held by the specified entity, shall be taken into account at that time.

2002, c. 40, s. 18.

21.20.9. In sections 21.20.7 and 21.20.8, “specified entity” means any of the following entities:

(a)  the Business Development Bank of Canada;

(b)  the Caisse de dépôt et placement du Québec;

(c)  Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi;

(d)  the Fonds de solidarité des travailleurs du Québec (F.T.Q.);

(e)  Hydro-Québec CapiTech inc.;

(f)  Investissement Québec;

(g)  the Société générale de financement du Québec;

(h)  the Société Innovatech du Grand Montréal;

(i)  the Société Innovatech du sud du Québec;

(j)  the Société Innovatech Québec et Chaudière-Appalaches;

(k)  the Société Innovatech Régions ressources;

(k.1)  the entity governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

(l)  a Québec university; and

(m)  a corporation all the issued capital stock of which, except director’s qualifying shares, belongs to one or more entities described in any of paragraphs a to l or in this paragraph.

2002, c. 40, s. 18; 2005, c. 23, s. 34.

21.20.10. For the purposes of Divisions II.6.0.1.7 and II.6.6.1 to II.6.6.7 of Chapter III.1 of Title III of Book IX and notwithstanding section 21.20.4, for the purpose of determining whether a corporation is associated at any time with a public corporation, otherwise than as a consequence of the application of section 21.25, a right referred to in section 21.20.4 that is held by the public corporation shall not be taken into account.

2003, c. 9, s. 14.

21.20.11. For the purposes of section 965.66 and despite section 21.20.4, to determine whether a corporation (in this section referred to as the “issuing corporation”) is associated at any time with a particular corporation, otherwise than as a consequence of the application of section 21.25, a right referred to in section 21.20.4 that is held by the particular corporation is not to be taken into account, if

(a)  the Minister is of the opinion that the issuing corporation is associated with the particular corporation only because of the application of section 21.20.4; and

(b)  the contract granting the particular corporation a right referred to in section 21.20.4 stipulates that the right will cease to exist by reason of a public share issue, within the meaning assigned by section 965.55, made by the issuing corporation.

2009, c. 5, s. 34.

21.21. Two corporations that are associated, or deemed by this section to be associated, with the same corporation at any time and that, but for this section, would not be associated with each other at that time, are deemed, for the purposes of this Part, to be associated with each other at that time.

1989, c. 5, s. 28; 1990, c. 59, s. 29; 1992, c. 1, s. 7; 1997, c. 3, s. 17; 1997, c. 14, s. 14; 2000, c. 39, s. 3.

21.21.1. For the purposes of this Part, where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a taxation year is to reduce the amount of tax that would otherwise be payable under this Part, those corporations are deemed to be associated with each other in the year.

1990, c. 59, s. 30; 1997, c. 3, s. 71.

21.22. Where one corporation would, but for this section, be associated with another corporation in a taxation year by reason of both of the corporations being controlled by the same trustee, liquidator of a succession or executor and it is established to the satisfaction of the Minister that the trustee, liquidator or executor did not acquire control of the corporations as a result of one or more trusts created or successions opened by the same individual or two or more individuals not dealing with each other at arm’s length, and that the trust or succession under which the trustee, liquidator or executor acquired control of each of the corporations arose only upon the death of the individual who created the trust or whose succession was opened, the two corporations are deemed, for the purposes of this Part, not to be associated with each other in the year.

1989, c. 5, s. 28; 1994, c. 22, s. 58; 1997, c. 3, s. 71; 2005, c. 1, s. 27.

21.23. Where one corporation would, but for this section, be associated with another corporation in a taxation year, by reason only that the other corporation is a trustee under a trust pursuant to which the corporation is controlled, the two corporations are deemed, for the purposes of this Part, not to be associated with each other in the year unless, at any time in the year, a settlor of the trust controlled or is a member of a related group that controlled the other corporation that is the trustee under the trust.

1989, c. 5, s. 28; 1997, c. 3, s. 71.

21.24. Where a particular corporation would, but for this section, be associated with another corporation in a taxation year by reason of being controlled, directly or indirectly in any manner whatever, by the other corporation or by reason of both of the corporations being controlled, directly or indirectly in any manner whatever, by the same person at a particular time in the year and it is established to the satisfaction of the Minister that the conditions set out in the second paragraph are fulfilled, the two corporations are deemed, for the purposes of this Part, not to be associated with each other in the year.

The conditions referred to in the first paragraph are as follows:

(a)  there was in effect at the particular time an enforceable agreement or arrangement under which, upon the happening of an event or the satisfaction of a condition that it is reasonable to expect will happen or be satisfied, the particular corporation will cease to be controlled, directly or indirectly in any manner whatever, by the other corporation or the person so controlling the particular corporation and will be or become controlled, directly or indirectly in any manner whatever, by a person or group of persons with whom or with each of the members of which, as the case may be, the other corporation or the person so controlling the particular corporation was at the particular time dealing at arm’s length;

(b)  the purpose for which the particular corporation was at the particular time so controlled was the safeguarding of rights or interests of the other corporation or the person so controlling the particular corporation in respect of any indebtedness owing to the other corporation or the person so controlling the particular corporation the whole or any part of the principal amount of which was outstanding at the particular time, or in respect of any shares of the capital stock of the particular corporation that were owned by the other corporation or the person so controlling the particular corporation at the particular time and that were, under the enforceable agreement or arrangement referred to in subparagraph a, to be redeemed by the particular corporation or purchased by the person or group of persons referred to in subparagraph a who are to acquire control of the particular corporation.

1989, c. 5, s. 28; 1990, c. 59, s. 31; 1997, c. 3, s. 71.

21.25. For the purposes of this Part, where the expression “controlled, directly or indirectly in any manner whatever,” is used, a corporation is deemed to be so controlled by another corporation, a person or a group of persons at any time where, at that time, the other corporation, the person or the group of persons has any direct or indirect influence that, if exercised, would result in control in fact of the corporation.

Notwithstanding the foregoing, where the corporation and the other corporation, the person or the group of persons are dealing with each other at arm’s length and the influence referred to in the first paragraph is derived from a franchise, licence, lease, distribution, supply or management agreement or other similar agreement or arrangement, the main purpose of which is to govern the relationship between the corporation and the other corporation, the person or the group of persons regarding the manner in which the business carried on by the corporation is to be conducted, the corporation shall not be considered to be controlled, directly or indirectly in any manner whatever, by the other corporation, the person or the group of persons by reason only of such agreement or arrangement.

1990, c. 59, s. 32; 1997, c. 3, s. 71.

CHAPTER X AMORTIZED COST OF A LOAN OR LENDING ASSET

1990, c. 59, s. 32.

21.26. Subject to section 838, “amortized cost”, to a taxpayer, of a loan or lending asset at a particular time means the amount by which the aggregate of the following amounts exceeds the amount computed at that time in respect of the loan or lending asset under section 21.27:

(a)  in the case of a loan made by taxpayer, the aggregate of all amounts advanced in respect of the loan at or before the particular time;

(b)  in the case of a loan or lending asset acquired by the taxpayer, the cost to the taxpayer of the loan or lending asset;

(c)  in the case of a loan or lending asset acquired by the taxpayer, the part of the amount by which the principal amount of the loan or lending asset at the time it was so acquired exceeds the cost to the taxpayer of the loan or lending asset that was included in computing the taxpayer’s income for any taxation year ending at or before the particular time;

(c.1)  the aggregate of all amounts each of which is an amount in respect of the loan or lending asset that was included in computing the taxpayer’s income for a taxation year that ended at or before that time in respect of changes in the value of the loan or lending asset attributable to the fluctuation in the value of a foreign currency relative to Canadian currency;

(d)  where the taxpayer is an insurer, any amount in respect of the loan or lending asset that was deemed, by reason of paragraph a of section 830 as it read for the taxation year 1977, to be a gain for any taxation year ending at or before the particular time;

(e)  the aggregate of all amounts each of which is an amount in respect of the loan or lending asset that was included under paragraph i of section 87 in computing the taxpayer’s income for any taxation year ending at or before the particular time.

1990, c. 59, s. 32; 1996, c. 39, s. 18; 1998, c. 16, s. 20.

21.27. The amount that must be deducted in computing the amortized cost, to a taxpayer, of a loan or lending asset at the particular time contemplated in section 21.26 is the aggregate of the following amounts:

(a)  in the case of a loan or lending asset acquired by the taxpayer, the part of the amount by which the cost to the taxpayer of the loan or lending asset exceeds the principal amount of the loan or lending asset at the time it was so acquired that was deducted in computing the taxpayer’s income for any taxation year ending at or before the particular time;

(a.1)  the aggregate of all amounts each of which is an amount in respect of the loan or lending asset that was deducted in computing the taxpayer’s income for a taxation year that ended at or before that time in respect of changes in the value of the loan or lending asset attributable to the fluctuation in the value of a foreign currency relative to Canadian currency;

(b)  all amounts that the taxpayer received at or before the particular time as, on account or in lieu of payment of, or in satisfaction of, the principal amount of the loan or lending asset;

(c)  where the taxpayer is an insurer, any amount in respect of the loan or lending asset that was deemed, by reason of paragraph b of section 830 as it read for the taxation year 1977, to be a loss for any taxation year ending at or before the particular time;

(d)  the aggregate of all amounts each of which is an amount in respect of the loan or lending asset that was deducted under section 141 in computing the taxpayer’s income for any taxation year ending at or before the particular time.

1990, c. 59, s. 32; 1996, c. 39, s. 19; 1998, c. 16, s. 21.

CHAPTER XI TRANSFER OR LENDING OF SECURITIES

1991, c. 25, s. 5.

21.28. In this chapter,

“qualified security” means

(a)  a share of a class of the capital stock of a corporation that is listed on a stock exchange or of a class of the capital stock of a corporation that is a public corporation by reason of the designation of the class for the purposes of subparagraph i or ii of paragraph b of the definition of “public corporation” in subsection 1 of section 89 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement),

(b)  a bond, debenture, note or similar obligation issued by a corporation described in paragraph a or by a corporation that is controlled by such a corporation,

(c)  a bond, debenture, note or similar obligation issued or guaranteed by the government of any country, province, state, municipality or other political subdivision, or by a corporation, commission, agency or association controlled by such a government, or

(d)  a warrant, right, option or similar instrument with respect to a share described in paragraph a;

“securities lending arrangement” means an arrangement, other than an arrangement one of the main purposes of which may reasonably be considered to be to avoid or defer the inclusion in income of any profit or gain with respect to a qualified security, under which

(a)  a person, in this chapter referred to as the “lender”, transfers or lends at any particular time a qualified security to another person, in this chapter referred to as the “borrower”, with whom the lender deals at arm’s length,

(b)  it may reasonably be expected, at the particular time, that the borrower will, at a later time, transfer or return to the lender a security, in this chapter referred to as an “identical security”, that is identical to the security transferred or lent by the lender to the borrower at the particular time,

(c)  where the qualified security is a share of the capital stock of a corporation, the borrower is obligated to pay to the lender, as compensation for each dividend paid on the security that would have been received by the borrower if the borrower had held the security throughout the period beginning after the particular time and ending at the time an identical security is transferred or returned to the lender, an amount equal to that dividend, and

(d)  the lender’s opportunity for gain or profit or risk of loss with respect to the security is not changed in any material respect.

1991, c. 25, s. 5; 1993, c. 16, s. 17; 1995, c. 49, s. 16; 1997, c. 3, s. 71; 1998, c. 16, s. 22; 2001, c. 7, s. 169; 2010, c. 5, s. 16.

21.29. For the purposes of this Part, subject to sections 21.30 and 21.31, any transfer or loan by a lender of a security under a securities lending arrangement is deemed not to be a disposition of the security and the security is deemed to continue to be property of the lender.

For the purposes of this section, a security is deemed to include an identical security that has been transferred or returned to the lender under the securities lending arrangement.

1991, c. 25, s. 5.

21.30. For the purposes of this Part, where, at any time, a lender receives property in satisfaction of or in exchange for the lender’s right under a securities lending arrangement to receive the transfer or return of an identical security and the property received at that time is neither an identical property nor an amount deemed, under section 21.31, to have been received as proceeds of disposition, the following rules apply:

(a)  subject to paragraph b, the lender is deemed to have disposed, at that time, of the security initially transferred or lent for proceeds of disposition equal to the fair market value of the property received as consideration for the disposition of the right, other than any portion of the proceeds that is deemed to have been received by the lender as a taxable dividend;

(b)  Division XIII of Chapter IV of Title IV of Book III, Division VI of Chapter IV of Title IX of Book III and Chapters V and VI of Title IX of Book III, as the case may be, apply in computing the income of the lender with respect to a disposition referred to in paragraph a as if the security initially transferred or lent had continued to be property of the lender and the lender had received the property directly.

1991, c. 25, s. 5; 1998, c. 16, s. 23.

21.31. Where, at any time, it may reasonably be considered that a lender would have received proceeds of disposition for a security that was transferred or lent under a securities lending arrangement had the security not been so transferred or lent, the lender is deemed to have disposed of the security at that time for an amount equal to such proceeds.

1991, c. 25, s. 5; 2005, c. 23, s. 35.

21.32. For the purposes of this Part, any amount received as compensation for a taxable dividend paid on a qualified security that is a share of the capital stock of a public corporation is, to the extent of the amount of such dividend, deemed to have been received from the corporation as a taxable dividend on the share and, if the amount has the characteristics described in the second paragraph, as an eligible dividend on the share, if it has been received

(a)  under a securities lending arrangement from a person resident in Canada, or a person not resident in Canada where, in the latter case, the amount was paid in the course of carrying on business in Canada through an establishment, or

(b)  from or by a person resident in Canada who is a registered securities dealer where the amount is received or paid, as the case may be, in the ordinary course of the business of trading in securities carried on by the dealer.

The characteristics to which the first paragraph refers in respect of an amount are the following:

(a)  the amount is deemed, under the first paragraph, to be a taxable dividend; and

(b)  the amount is received by a person resident in Canada as

i.  compensation for an eligible dividend, or

ii.  compensation for a taxable dividend, other than an eligible dividend, paid by a corporation to a shareholder not resident in Canada in circumstances where it may reasonably be considered that the corporation would, if that shareholder had been resident in Canada, have designated the dividend as an eligible dividend under subsection 14 of section 89 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the purposes of that Act.

However, the first paragraph does not apply in respect of an amount received

(a)  as proceeds of disposition of a property, or

(b)  by a corporation under an arrangement where it may reasonably be considered that one of the main reasons for the corporation entering into the arrangement was to enable it to receive an amount that would, but for this subparagraph, have been deemed, under this section, to be a dividend.

1991, c. 25, s. 5; 1996, c. 39, s. 20; 1997, c. 3, s. 71; 2009, c. 5, s. 35.

21.33. In computing a taxpayer’s income from a business or property,

(a)  where the taxpayer is not a registered securities dealer, no deduction shall be made in respect of an amount that, if paid, would be deemed by section 21.32 to have been received by another person as a taxable dividend; and

(b)  where the taxpayer is a registered securities dealer, no deduction shall be made in respect of more than 2/3 of the amount referred to in paragraph a.

1991, c. 25, s. 5; 1996, c. 39, s. 21.

21.33.1. Notwithstanding section 21.33, there may be deducted in computing a corporation’s income from a business or property for a taxation year an amount equal to the lesser of

(a)  the amount that the corporation is obligated to pay to another person under an arrangement described in paragraphs a and b of the definition of “dividend rental arrangement” in section 1 that, if paid, would be deemed by section 21.32 to have been received by another person as a taxable dividend, and

(b)  the amount of the dividends received by the corporation under the arrangement referred to in paragraph a that were identified in its fiscal return under this Part for the year as dividends in respect of which no amount was deductible because of section 740.4.1 in computing its taxable income.

1996, c. 39, s. 22; 1997, c. 3, s. 71.

CHAPTER XII QUÉBEC SALES TAX AND GOODS AND SERVICES TAX

1991, c. 25, s. 5; 1992, c. 1, s. 8.

21.34. For the purposes of this Part, where a liability for the Québec sales tax or the goods and services tax is incurred in respect of a change of use at any time of a property, the liability so incurred is deemed to have been incurred immediately after that time in respect of the acquisition of the property.

1991, c. 25, s. 5; 1992, c. 1, s. 9.

21.35. For the purposes of this Part, except section 58.2 and this section, an amount claimed by a taxpayer as an input tax credit or rebate with respect to the goods and services tax in respect of a property or service is deemed to be assistance from a government in respect of the property or service that is received by the taxpayer

(a)  if the amount was claimed as an input tax credit in a return filed under Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15) for a reporting period under that Act,

i.  at the particular time that is the time that the goods and services tax in respect of the credit was paid or, if it is earlier, the time that it became payable if

(1)  the particular time is in the reporting period, or

(2)  the taxpayer’s threshold amount, determined in accordance with subsection 1 of section 249 of the Excise Tax Act, is greater than $500,000 for the taxpayer’s fiscal period, within the meaning of that Act, that includes the particular time and the taxpayer claimed the input tax credit at least 120 days before the end of the period described in paragraph a or a.0.1 of subsection 2 of section 1010, for the taxation year that includes the particular time,

ii.  at the end of the reporting period, if

(1)  subparagraph i does not apply, and

(2)  the taxpayer’s threshold amount, determined in accordance with subsection 1 of section 249 of the Excise Tax Act, is $500,000 or less for the taxpayer’s fiscal period, within the meaning of that Act, that includes the particular time, and

iii.  in any other case, on the last day of the taxpayer’s first taxation year that begins after the taxation year that includes the particular time and for which the period described in paragraph a or a.0.1 of subsection 2 of section 1010 ends at least 120 days after the time that the input tax credit was claimed; or

(b)  if the amount was claimed as a rebate with respect to the goods and services tax, at the time the amount was received by, or credited to, the taxpayer.

1991, c. 25, s. 5; 2009, c. 5, s. 36.

21.35.1. For the purposes of this Part, other than section 58.3 and this section, an amount claimed by a taxpayer as an input tax refund or a rebate with respect to the Québec sales tax in respect of a property or service is deemed to be assistance from a government in respect of the property or service that is received by the taxpayer

(a)  where the amount is claimed as an input tax refund in a return filed under the Act respecting the Québec sales tax (chapter T-0.1) for a reporting period under that Act,

i.  at the particular time that is the time that the Québec sales tax in respect of the refund was paid or, if it is earlier, the time that it became payable if

(1)  the particular time is in the reporting period, or

(2)  the taxpayer’s threshold amount, determined in accordance with section 462 of that Act, is greater than $500,000 for the taxpayer’s fiscal period, within the meaning of that Act, that includes the particular time and the taxpayer claimed the input tax refund at least 120 days before the end of the period described in paragraph a or a.0.1 of subsection 2 of section 1010, for the taxation year that includes the particular time,

ii.  at the end of the reporting period, if

(1)  subparagraph i does not apply, and

(2)  the taxpayer’s threshold amount, determined in accordance with section 462 of that Act, is $500,000 or less for the taxpayer’s fiscal period, within the meaning of that Act, that includes the particular time, and

iii.  in any other case, on the last day of the taxpayer’s first taxation year that begins after the taxation year that includes the particular time and for which the period described in paragraph a or a.0.1 of subsection 2 of section 1010 ends at least 120 days after the time that the input tax refund was claimed; or

(b)  where the amount is claimed as a rebate with respect to the Québec sales tax, at the time the amount was received by, or credited to, the taxpayer.

1992, c. 1, s. 10; 1997, c. 14, s. 15; 2009, c. 5, s. 37.

21.36. If the input tax credit of a taxpayer under Part IX of the Excise Tax Act (R.S.C. 1985, c. E-15) in respect of property that is a passenger vehicle or an aircraft is determined with reference to subsection 4 of section 202 of that Act, no reference is to be made to subparagraph iii of paragraph a of section 21.35, and subparagraphs i and ii of that paragraph a, when they apply in respect of such property, are to be read as follows:

“i. at the beginning of the first taxation year or fiscal period of the taxpayer that begins after the end of the taxation year or fiscal period, as the case may be, in which the goods and services tax in respect of such property was considered, for the purpose of determining the input tax credit, to be payable, if the tax was considered, for the purpose of determining the input tax credit, to have become payable in the reporting period, or

ii. at the end of the reporting period, if no such tax was considered, for the purpose of determining the input tax credit, to have become payable in that period; or”.

1991, c. 25, s. 5; 2009, c. 5, s. 38.

21.36.1. If the input tax refund of a taxpayer under the Act respecting the Québec sales tax (chapter T-0.1) in respect of property that is a passenger vehicle or an aircraft is determined with reference to section 252 of that Act, no reference is to be made to subparagraph iii of paragraph a of section 21.35.1, and subparagraphs i and ii of that paragraph a, when they apply in respect of such property, are to be read as follows:

“i. at the beginning of the first taxation year or fiscal period of the taxpayer that begins after the end of the taxation year or fiscal period, as the case may be, in which the Québec sales tax in respect of such property was considered, for the purpose of determining the input tax refund, to be payable, if the tax was considered, for the purpose of determining the input tax refund, to have become payable in the reporting period, or

ii. at the end of the reporting period, if no such tax was considered, for the purpose of determining the input tax refund, to have become payable in that period; or”.

1992, c. 1, s. 11; 2009, c. 5, s. 38.

21.36.2. An amount in respect of an input tax credit that is deemed, under subsection 5 of section 296 of the Excise Tax Act (R.S.C. 1985, c. E-15), to have been claimed in a return or application filed under Part IX of that Act is deemed to have been so claimed for the reporting period under that Act that includes the time when an assessment referred to in that subsection is made in respect of a taxpayer.

2009, c. 5, s. 39.

21.36.3. An amount in respect of an input tax refund that is deemed, under section 30.5 of the Act respecting the Ministère du Revenu (chapter M-31), to have been claimed is deemed to have been so claimed for the reporting period under the Act respecting the Québec sales tax (chapter T-0.1) that includes the day on which an assessment, indicating that the refund has been allocated under that section 30.5, is made in respect of a taxpayer.

2009, c. 5, s. 39.

21.37. For the purposes of this Part, where an amount is added at a particular time in determining the net tax of a taxpayer under Part IX of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of an input tax credit relating to property or a service that had been previously deducted in determining the net tax of the taxpayer, that amount is deemed to be assistance repaid at the particular time in respect of the property or service pursuant to a legal obligation to repay all or part of that assistance.

1991, c. 25, s. 5; 1993, c. 16, s. 18.

21.38. For the purposes of this Part, where an amount is added at a particular time in determining the net tax of a taxpayer under the Act respecting the Québec sales tax (chapter T-0.1) in respect of an input tax refund relating to property or a service that had been previously deducted in determining the net tax of the taxpayer, that amount is deemed to be assistance repaid at the particular time in respect of the property or service pursuant to a legal obligation to repay all or part of that assistance.

1992, c. 1, s. 12; 1994, c. 22, s. 59; 1997, c. 14, s. 16.

CHAPTER XIII

Repealed, 2000, c. 5, s. 20.

1996, c. 39, s. 23; 2000, c. 5, s. 20.

21.39. (Repealed).

1996, c. 39, s. 23; 1997, c. 3, s. 71; 2000, c. 5, s. 20.

CHAPTER XIV ENVIRONMENTAL TRUST

2000, c. 5, s. 21.

21.40. An environmental trust at any time means a trust resident in a province and maintained at that time for the sole purpose of funding the reclamation of a site in the province that is or has been used primarily for, or for any combination of, the operation of a mine, the extraction of clay, peat, sand, shale or aggregates, including dimension stone and gravel, or the deposit of waste where

(a)  the maintenance of the trust is provided for, or may become provided for, pursuant to the terms of a contract entered into between the Government of Canada or of a province or pursuant to a law of Canada or the province and the contract was entered into or that law was enacted, as the case may be, on or before the later of 1 January 1996 and the day that is one year after the day on which the trust was created; and

(b)  the trust is none of the trusts described in the second paragraph.

The trusts to which subparagraph b of the first paragraph refers are any of the following:

(a)  a trust that relates at the time referred to in the first paragraph, in this paragraph referred to as the “particular time”, to the reclamation of a well;

(b)  a trust that is not maintained at the particular time to secure the reclamation obligations of one or more persons or partnerships that are beneficiaries under the trust;

(c)  a trust that at the particular time has a trustee other than the Government of Canada or of the province referred to in the first paragraph or a corporation resident in Canada that is licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee;

(d)  a trust that borrows money at the particular time;

(e)  a trust that acquires at the particular time any property that is not described in any of paragraphs a, b and f of the definition of “qualified investment” in section 204 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(f)  a trust to which the first contribution was made before 1 January 1992;

(g)  a trust from which any amount was distributed before 23 February 1994;

(h)  if the particular time is before 1 January 1998, a trust, other than a mining reclamation trust at that time,

i.  to which the first contribution was made before 1 January 1996,

ii.  from which no amount was distributed before 19 February 1997, or

iii.  any interest in which was disposed of before 19 February 1997;

(i)  (subparagraph repealed);

(j)  a trust that is not a qualifying environmental trust for the purposes of the Income Tax Act because of a valid election made by it to that effect, or made by it to that effect after 19 December 2006 in the case of a trust resident in Québec, under paragraph i of the definition of “qualifying environmental trust” in subsection 1 of section 248 of that Act; and

(k)  a trust that was, at any time before the particular time but during its existence, not an environmental trust.

Chapter V.2 applies in relation to an election made under paragraph i of the definition of “qualifying environmental trust” in subsection 1 of section 248 of the Income Tax Act or in relation to an election made under subparagraph j of the second paragraph before 20 December 2006.

2000, c. 5, s. 21; 2009, c. 5, s. 40.

CHAPTER XV REGISTERED AMATEUR ATHLETIC ASSOCIATIONS

2005, c. 23, s. 36.

21.41. A registered Canadian amateur athletic association means a Canadian amateur athletic association registered as such with the Minister.

For the purposes of the first paragraph, the following rules apply:

(a)  a Canadian amateur athletic association is registered as such with the Minister if it is an association that

i.  is created under a law in force in Canada,

ii.  is resident in Canada,

iii.  is a person exempt from tax described in section 996,

iv.  has, as its primary purpose and its primary function, the promotion of amateur athletics in Canada on a nation-wide basis, and

v.  has filed an application with the Minister in prescribed form for registration as a Canadian amateur athletic association that has been granted and its registration has not been revoked in accordance with section 1065; and

(b)  subject to the Minister’s power to refuse or revoke registration, a Canadian amateur athletic association validly registered as such under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is deemed to be also registered as such with the Minister.

2005, c. 23, s. 36.

21.42. A registered Québec amateur athletic association means a Québec amateur athletic association registered as such with the Minister and the registration of which is in force.

For the purposes of the first paragraph, the Minister may, on application made to the Minister in prescribed form, register an organization as a Québec amateur athletic association if the Minister considers that the organization

(a)  is created under a law of Québec or Canada;

(b)  has its management and control centre in Québec;

(c)  is a person exempt from tax described in section 996; and

(d)  has, as its primary purpose and its primary function, the promotion of amateur athletics in Québec on a Québec-wide basis.

2005, c. 23, s. 36.

CHAPTER XVI QUALIFYING TRUST ANNUITY

2009, c. 15, s. 32.

21.43. A qualifying trust annuity with respect to a taxpayer means

(a)  an annuity in respect of which the following conditions are met:

i.  it is acquired after 31 December 2005,

ii.  the annuitant is a trust that is, at the time the annuity is acquired, a lifetime benefit trust with respect to the taxpayer and the succession of an individual,

iii.  it is for the life of the taxpayer (with or without a guaranteed period), or for a fixed term equal to 90 years minus the age in whole years of the taxpayer at the time it is acquired, and

iv.  if it is with a guaranteed period or for a fixed term, it requires that, in the event of the death of the taxpayer during the guaranteed period or fixed term, any amounts that would otherwise be payable after the death of the taxpayer be commuted into a single payment;

(b)  an annuity in respect of which the following conditions are met:

i.  it is acquired after 31 December 1988,

ii.  the annuitant is a trust under which the taxpayer is the sole person beneficially interested (determined without regard to any right of a person to receive an amount from the trust only on or after the death of the taxpayer) in amounts payable under the annuity,

iii.  it is for a fixed term not exceeding 18 years minus the age in whole years of the taxpayer at the time it is acquired, and

iv.  if it is acquired after 31 December 2005, it requires that, in the event of the death of the taxpayer during the fixed term, any amounts that would otherwise be payable after the death of the taxpayer be commuted into a single payment; and

(c)  an annuity in respect of which the following conditions are met:

i.  it is acquired after 31 December 2000 and before 1 January 2005 at a time at which the taxpayer was mentally or physically infirm, or in the year 2005 at a time at which the taxpayer was mentally infirm,

ii.  the annuitant is a trust under which the taxpayer is the sole person beneficially interested (determined without regard to any right of a person to receive an amount from the trust only on or after the death of the taxpayer) in amounts payable under the annuity, and

iii.  it is for the life of the taxpayer (with or without a guaranteed period), or for a fixed term equal to 90 years minus the age in whole years of the taxpayer at the time it is acquired.

For the purposes of the first paragraph, a trust is at a particular time a lifetime benefit trust with respect to a taxpayer and the succession of an individual if

(a)  immediately before the death of the individual, the taxpayer

i.  was both a spouse of the individual and mentally infirm, or

ii.  was both a child or grandchild of the individual and dependent on the individual for support because of mental infirmity; and

(b)  the trust is, at the particular time, a personal trust under which

i.  no person other than the taxpayer may receive or otherwise obtain the enjoyment of, during the taxpayer’s lifetime, all or part of the income or capital of the trust, and

ii.  the trustees are empowered to pay amounts from the trust to the taxpayer, and are required—in determining whether to pay, or not to pay, an amount to the taxpayer—to consider the needs of the taxpayer, including the comfort, care and maintenance of the taxpayer.

2009, c. 15, s. 32.

BOOK II LIABILITY FOR TAX

1972, c. 23.

22. Every person who is an individual resident in Québec on the last day of a taxation year or a corporation having an establishment in Québec at any time in a taxation year shall pay a tax on the taxable income of the individual or the corporation, as the case may be, for that taxation year.

The tax payable under section 750 by an individual referred to in the first paragraph who carries on a business in Canada but outside Québec is equal to the proportion of the tax that would be determined under this section but for this paragraph that the individual’s income earned in Québec is of the individual’s income earned in Québec and elsewhere, as determined by the regulations.

1972, c. 23, s. 17; 1972, c. 26, s. 34; 1973, c. 17, s. 4; 1984, c. 15, s. 14; 1988, c. 4, s. 18; 1989, c. 5, s. 29; 1993, c. 64, s. 7; 1995, c. 63, s. 16; 1997, c. 3, s. 71; 1998, c. 16, s. 24; 2001, c. 53, s. 10.

23. When an individual ceases to be resident in Canada in a taxation year, the last day of the individual’s taxation year is, for the purposes of section 22, the last day on which the individual was resident in Canada.

The taxable income, for the taxation year, of an individual referred to in the first paragraph who was resident in Québec on that day is the amount by which the amount determined under the third paragraph exceeds the aggregate of

(a)  the deductions permitted by sections 727, 728.1, 729 and 733.0.0.1 and, to the extent that they relate to amounts included in computing an amount referred to in the third paragraph, the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4; and

(b)  any other deduction permitted by Book IV, to the extent that

i.  the deduction can reasonably be considered to be attributable to the part of the year throughout which the individual was resident in Canada, or

ii.  if all or substantially all of the individual’s income for the part of the year throughout which the individual was not resident in Canada is included in the amount referred to in the third paragraph, the deduction can reasonably be considered to be attributable to that part of the year.

The amount to which the second paragraph refers is the amount that would be the individual’s income for the year if, for the part of the year throughout which the individual was not resident in Canada, only the following elements were taken into account:

(a)  the elements described in section 1090; and

(b)  the income that would be included in computing the individual’s income earned in Canada for the year under subparagraph g of the first paragraph of section 1090 if the part of the year throughout which the individual was not resident in Canada were a whole taxation year.

1972, c. 23, s. 18; 1972, c. 26, s. 35; 1982, c. 5, s. 15; 1989, c. 5, s. 30; 1993, c. 16, s. 19; 1995, c. 49, s. 17; 1996, c. 39, s. 24; 1998, c. 16, s. 25; 2004, c. 8, s. 13.

24. The taxable income of an individual referred to in section 22 for a taxation year is the individual’s income for the year plus the additions provided for in Book IV and minus the deductions permitted by that Book, except where the individual was resident in Canada for only part of that taxation year. In the latter case, the individual’s taxable income shall be computed in the manner described in section 23, whether the individual is an individual who became resident in Canada in the year or an individual who ceased to be resident in Canada in the year.

1972, c. 23, s. 19; 1972, c. 26, s. 36; 1985, c. 25, s. 20; 1989, c. 5, s. 31; 1995, c. 49, s. 18; 1998, c. 16, s. 26.

25. Every individual resident in Canada but outside Québec on the last day of a taxation year shall, if the individual carried on a business in Québec at any time in the year, pay a tax on the individual’s income earned in Québec for the year as determined under Part II.

The tax payable under section 750 by an individual referred to in the first paragraph is equal to the portion of the tax that the individual would pay, but for this paragraph, under that section on the individual’s taxable income determined under section 24 if the individual were resident in Québec, that is the proportion, which is not to exceed 1, that that income earned in Québec is of the amount by which the aggregate of the amount that would have been the individual’s income, computed without reference to section 1029.8.50, had the individual been resident in Québec on the last day of the taxation year and the amount that the individual included in computing that taxable income under section 726.35, exceeds any amount deducted by the individual under any of sections 726.20.2, 726.28, 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.25 and 737.28 in computing that taxable income.

For the purposes of this section, where an individual ceases to be resident in Canada in a taxation year, the last day of the individual’s taxation year is the last day on which the individual was resident in Canada.

1972, c. 23, s. 20; 1972, c. 26, s. 37; 1973, c. 17, s. 5; 1984, c. 15, s. 15; 1987, c. 21, s. 9; 1988, c. 4, s. 19; 1989, c. 5, s. 32; 1993, c. 64, s. 8; 1995, c. 1, s. 14; 1995, c. 63, s. 17; 1997, c. 14, s. 17; 1997, c. 85, s. 34; 1998, c. 16, s. 27; 1999, c. 83, s. 27; 2000, c. 39, s. 264; 2002, c. 40, s. 19; 2003, c. 9, s. 15; 2004, c. 21, s. 42; 2006, c. 36, s. 23; 2010, c. 25, s. 8.

26. Every individual who was not resident in Canada at any time in a taxation year and who, in the taxation year or a previous taxation year, was employed in Québec, carried on a business in Québec or disposed of a taxable Québec property, shall pay a tax on the individual’s income earned in Québec for the year as determined under Part II.

The tax payable under sections 750 and 752.12 to 752.16 by an individual referred to in the first paragraph is equal to the proportion, which cannot exceed 1, of the tax that would, but for this paragraph, be payable under those sections on the individual’s taxable income earned in Canada as determined under Part II if the individual were resident in Québec, that the individual’s income earned in Québec is of the individual’s income earned in Canada as determined in accordance with section 1090.

1972, c. 23, s. 21; 1972, c. 26, s. 38; 1988, c. 4, s. 20; 1989, c. 5, s. 33; 1993, c. 64, s. 9; 1998, c. 16, s. 28; 2001, c. 53, s. 11.

26.1. The taxable income of a corporation referred to in section 22 for a taxation year is its income for the year plus the additions provided for in Book IV and minus the deductions permitted by the said Book.

1989, c. 77, s. 8; 1997, c. 3, s. 71.

27. Any corporation not contemplated in section 22 and not resident in Canada that disposes in a taxation year of taxable Québec property shall pay a tax at the rate established in subsection 1 of section 771 on the amounts described in subparagraphs d, e, f, h and l of the first paragraph of section 1089 that are applicable thereto and on the amount by which the aggregate of its taxable capital gains exceeds the aggregate of its allowable capital losses from the disposition of such property.

Where a corporation contemplated in section 22 has an establishment outside Québec, its tax payable is equal to the proportion of the tax established under subsection 1 of section 771 that the business it carries on in Québec is of the entire business it carries on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771.

1972, c. 23, s. 22; 1973, c. 17, s. 6; 1975, c. 22, s. 3; 1987, c. 21, s. 10; 1991, c. 8, s. 1; 1992, c. 1, s. 13; 1993, c. 16, s. 20; 1995, c. 1, s. 199; 1997, c. 3, s. 71.

BOOK III COMPUTATION OF INCOME

1972, c. 23.

TITLE I BASIC RULES

1972, c. 23.

28. A taxpayer shall, to determine the income of the taxpayer for a taxation year for the purposes of this Part,

(a)  add the aggregate of the taxpayer’s income for the year, other than the taxable capital gains from dispositions of property, from each source inside and outside Canada;

(b)  add to the aggregate so determined the amount by which

i.  the taxpayer’s taxable capital gains for the year from dispositions of property other than precious property and the taxpayer’s taxable net gain for the year from dispositions of precious property, exceed

ii.  the amount by which the taxpayer’s allowable capital losses for the year from dispositions of property other than precious property exceed the taxpayer’s allowable business investment losses for the year; and

(c)  subtract from the total so determined

i.  the deductions permitted by Title VI in computing the taxpayer’s income for the year, except those taken into account in computing the aggregate of the income referred to in paragraph a and, if there is any remainder,

ii.  the losses incurred in the year by the taxpayer from an office, employment, business or property and the taxpayer’s allowable business investment losses for the year;

iii.  (subparagraph replaced).

1972, c. 23, s. 23; 1979, c. 18, s. 4; 1982, c. 56, s. 10; 1987, c. 67, s. 8; 1998, c. 16, s. 29.

28.1. Where the amount determined under section 28 for a taxation year in respect of a taxpayer does not exceed zero, the taxpayer is deemed, for the purposes of this Part, to have income for the year in an amount equal to zero.

1993, c. 16, s. 21; 1993, c. 64, s. 10.

29. Where income or loss is from an office, employment, business, property or other source in Canada or in another place, or where income or loss is from an office, employment or business performed or carried on partly in Canada and partly in another place, the taxpayer shall compute separately the income or loss from each source according to the place and shall only apply to it such part of the deductions provided by this Part as may reasonably be applied to such source according to the place.

Notwithstanding the first paragraph, the deductions permitted by sections 334 to 358.0.3 shall, subject to the third paragraph, be applied to the whole income of the taxpayer.

For the purposes of Part II and sections 671, 671.1 and 772.2 to 772.13, in respect of income or loss from a source in Canada or in another place or from an office, employment or business, performed or carried on partly in Canada and partly in another place,

(a)  subject to subparagraph b, the deductions permitted in computing the income of the taxpayer under this Part, except those permitted by paragraphs c to e and j of section 336, sections 336.0.3 and 336.0.4, paragraphs b to g and i of section 339 and sections 340 and 341, shall be applied separately to the income from each of those places;

(b)  the deductions permitted by paragraphs a and b of section 657 shall not be applied to income from a source in a country other than Canada.

1972, c. 23, s. 24; 1990, c. 59, s. 33; 1994, c. 22, s. 60; 1995, c. 1, s. 15; 1995, c. 63, s. 18; 1997, c. 85, s. 35; 1998, c. 16, s. 30; 2005, c. 38, s. 51.

30. (Repealed).

1972, c. 23, s. 25; 1973, c. 17, s. 7; 1993, c. 16, s. 22; 1997, c. 31, s. 6.

31. For the purpose of computing a taxpayer’s income for a taxation year, and unless otherwise prescribed,

(a)  any deduction allowed to the taxpayer under a provision of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing the taxpayer’s income for a preceding taxation year in respect of which the taxpayer or, in the case of a partnership, each of the members, was not subject to tax under this Part, is deemed to have also been allowed to the taxpayer under the corresponding provision of this Part in computing the taxpayer’s income for that preceding year;

(b)  where, for the purposes of Part I of the Income Tax Act, the cost, the capital cost or the cost amount of property, to the taxpayer, determined as a consequence of the application of a particular provision of that Act in respect of a transaction or event that occurred during a preceding taxation year described in paragraph a, is different from that which it would have been at that time but for that provision, the corresponding provision of this Part is deemed, for the purpose of determining the cost, the capital cost or the cost amount, as the case may be, of the property to the taxpayer for the purposes of this Part, to have applied in respect of the property at the same time and for the same amounts as for the application of the particular provision in respect of the property.

1977, c. 26, s. 2; 1997, c. 85, s. 36.

31.1. The amounts referred to in the fourth paragraph that are to be used for a taxation year subsequent to the taxation year 2007 are to be adjusted annually in such a manner that each amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that latter amount by the factor determined by the formula

(A/B) - 1.

In the formula in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the first paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

The amounts to which the first paragraph refers are

(a)  the amount of $300 mentioned in paragraph e.1 of section 39;

(b)  the amount of $1,000 mentioned in section 39.6;

(c)  the amount of $1,000 mentioned in subparagraph b of the second paragraph of section 75.2.1; and

(d)  the amount of $1,000 mentioned in the first paragraph of section 358.0.3.

If the amount that results from the adjustment provided for in the first paragraph is not a multiple of $5, it is to be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher of the two.

2009, c. 15, s. 33.

TITLE II INCOME OR LOSS FROM AN OFFICE OR EMPLOYMENT

1972, c. 23.

CHAPTER I BASIC RULES

1972, c. 23.

32. Subject to this Part, an individual’s income for a taxation year from an office or employment is the salary, wages and other remuneration, including gratuities, received by the individual in the year.

1972, c. 23, s. 26; 1998, c. 16, s. 31.

33. An individual’s loss for a taxation year from an office or employment is the amount of such loss computed, with the necessary modifications, by applying the provisions of this Part respecting computation of income from that source.

1972, c. 23, s. 27; 1995, c. 63, s. 19.

34. Every amount an individual receives from another person while in the employment of the latter is presumed received as remuneration for services rendered. The same applies to every amount received in payment of an obligation arising out of an agreement between two persons immediately prior to, during or immediately after a period that one person is in the employment of the other.

1972, c. 23, s. 28.

35. The presumption provided in section 34 may be rebutted if it is established that, irrespective of when the agreement, if any, was made and the terms thereof, the payment was not made for services rendered or to be rendered, to prompt an individual to accept an office or employment or in consideration for a covenant with reference to what the employee is, or is not, to do before the employee becomes or after the employee ceases to be an employee.

1972, c. 23, s. 29; 1998, c. 16, s. 32.

35.1. If an amount, other than an amount to which section 37 applies because of section 47.11, is receivable at the end of a taxation year by an individual in respect of a covenant, agreed to by the individual more than 36 months before the end of the year, with reference to what the individual is, or is not, to do, and the amount would be included in computing the individual’s income for the year under this Title if it were received by the individual in the year, the amount

(a)  is deemed to be received by the individual at the end of the year for services rendered as an employee or during the period of employment; and

(b)  is deemed not to be received at any other time.

2009, c. 5, s. 41.

CHAPTER II INCLUSIONS

1972, c. 23.

DIVISION I GENERALITIES

1972, c. 23.

36. An individual shall, in computing the income of the individual for the year from an office or employment, include all amounts the individual receives or benefits from in that year or which are allocated to the individual for that year, and that are provided for in this chapter.

Such amounts include the fees received by the individual because of, or in the course of, an office or employment, including director’s fees.

1972, c. 23, s. 30; 1983, c. 43, s. 3; 1998, c. 16, s. 33.

36.1. (Repealed).

1995, c. 1, s. 16; 1995, c. 63, s. 20; 1997, c. 85, s. 37.

DIVISION II FRINGE BENEFITS

1972, c. 23.

37. The amounts that an individual is required to include in computing the income of the individual include the value of board, lodging and other benefits of any kind whatever received or enjoyed by the individual because of, or in the course of, the individual’s office or employment and the allowances received by the individual, including any amount received, without having to account for its use, for personal or living expenses or for any other purpose.

1972, c. 23, s. 31; 1992, c. 1, s. 14; 1998, c. 16, s. 34.

37.0.1. For the purposes of section 37, a benefit is deemed to have been enjoyed by an individual at any time an obligation issued by any debtor, including the individual, is settled or extinguished and the value of that benefit is deemed to be the forgiven amount at that time in respect of the obligation.

In the first paragraph, the “forgiven amount” at any time in respect of an obligation issued by a debtor has the meaning that would be assigned by section 485 if

(a)  the obligation were a commercial obligation, within the meaning assigned by section 485, issued by the debtor;

(b)  no amount included in computing income because of the obligation being settled or extinguished at that time were taken into account;

(c)  the definition of “forgiven amount” in section 485 were read without reference to paragraphs f and h; and

(d)  section 485.3 were read without reference to subparagraphs b and r of the first paragraph of that section.

1989, c. 77, s. 9; 1996, c. 39, s. 25.

37.0.1.1. For the purposes of section 37, the value of the benefit received or enjoyed by an individual for a taxation year where, because of a previous, the current or an intended office or employment of the individual, the individual is provided coverage during the year under a plan for the insurance of persons, is equal to

(a)  in the case of a plan for the insurance of persons which provides coverage through insurance with an insurer, the amount established for the year under sections 37.0.1.2 and 37.0.1.3 in respect of the individual in relation to the plan;

(b)  in the case of a plan for the insurance of persons which provides coverage otherwise than through insurance with an insurer, the amount established for the year under sections 37.0.1.4 to 37.0.1.6 in respect of the individual in relation to the plan.

For the purposes of this section and sections 37.0.1.2 to 37.0.1.6, the following rules apply:

(a)  any premium paid in respect of an individual, because of the individual’s office or employment with an employer, under a plan for the insurance of persons, by a person to whom the employer is related, is deemed to be a premium paid by the employer and not by the person to whom the employer is related;

(b)  any amount paid as a dividend, return or refund of premiums, under a plan for the insurance of persons, to a person to whom the employer is related, in relation to the coverage and benefits enjoyed by the employees of the employer under the plan, is deemed to be a dividend, a return or a refund of premiums paid, to the employer and not to the person to whom the employer is related;

(c)  where, in a taxation year, an employer pays, under a plan for the insurance of persons, an additional premium in respect of the coverage or benefits under the plan enjoyed by the employees for a period prior to that year, the additional premium is deemed to be a premium paid at that time in respect of the coverage or benefits enjoyed by the employees for that year and not in respect of the coverage or benefits enjoyed by the employees for the preceding year;

(d)  “tax” does not include tax payable by the employer under Part IV.1 or Part VI, if any.

1993, c. 64, s. 11; 1995, c. 63, s. 261; 1998, c. 16, s. 35.

37.0.1.2. The amount contemplated in subparagraph a of the first paragraph of section 37.0.1.1 in respect of an individual for a taxation year in relation to a plan for the insurance of persons, means an amount equal to the amount by which

(a)  the aggregate of the premium, other than the portion of the premium which can reasonably be attributed to coverage related to the cost that would be assumed by the Régie de l’assurance maladie du Québec on behalf of an insured person in respect of insured services under the Health Insurance Act (chapter A-29), paid by the employer of the individual in respect of the coverage and benefits enjoyed by the individual for any period of the year under the plan, and the tax relating to that premium, exceeds

(b)  the aggregate of

i.  the portion of the aggregate described in subparagraph a that the individual has reimbursed to the employer during the year, and

ii.  the amount determined for the year in respect of the individual in accordance with section 37.0.1.3 in relation to the plan.

However, where, for a particular period, included in the year, throughout which the individual is not entitled to benefit from the provisions of the Health Insurance Act, the benefits enjoyed by the individual in relation to particular coverage under the plan covers at least all the services that would be insured in the individual’s respect under the said Act for the particular period if the individual were entitled to benefit from the provisions of that Act at that time, the amount referred to in subparagraph a of the first paragraph for the particular period in respect of the individual in relation to the particular coverage is deemed to be the amount that would otherwise be determined under that subparagraph for the particular period in respect of the individual in relation to the particular coverage if the exception provided for therein were disregarded, if the premium referred to therein were reduced by the amount prescribed for the particular period in respect of the individual in relation to the particular coverage and if the tax referred to therein were reduced to the portion of the tax which can reasonably be attributed to the premium so reduced.

1993, c. 64, s. 11; 1995, c. 63, s. 261; 1998, c. 16, s. 36; 1999, c. 89, s. 53.

37.0.1.3. The amount contemplated in subparagraph ii of subparagraph b of the first paragraph of section 37.0.1.2 in respect of an individual for a taxation year in relation to a plan for the insurance of persons, is the portion, hereinafter described, of the amount called “particular amount” in this section, that corresponds to the amount by which the aggregate of the amount paid during the year to the employer of the individual as a dividend, return or refund of premiums under the plan and the related tax, exceeds the portion, if any, of that aggregate that can reasonably be attributed to the share of the employer’s employees in the cost of the plan that was distributed to the employees in the year:

(a)  where the amount paid to the employer as a dividend, return or refund of premiums is based on the experience of all coverage and benefits provided by the plan, the proportion of the particular amount that the premium paid by the employer in respect of the coverage and benefits enjoyed by the individual for any period of the year under the plan is of the premium paid by the employer in respect of the coverage and benefits enjoyed by all the employer’s employees for any period of the year under the plan;

(b)  where the amount paid to the employer as a dividend, return or refund of premiums is based on the experience of only certain coverage and benefits provided by the plan, called “particular coverage and benefits” in this paragraph, the proportion of the particular amount that the premium paid by the employer in respect of the particular coverage and benefits enjoyed by the individual for any period of the year under the plan is of the premium paid by the employer in respect of the particular coverage and benefits enjoyed by all the employer’s employees for any period of the year under the plan.

1993, c. 64, s. 11; 1995, c. 63, s. 261; 1998, c. 16, s. 37.

37.0.1.4. The amount contemplated in subparagraph b of the first paragraph of section 37.0.1.1 in respect of an individual for a taxation year in relation to a plan for the insurance of persons, means the amount by which the aggregate of the following amounts exceeds the total of the amounts paid by the individual in the year for any period, after 20 May 1993, of the year or of a preceding year as a contribution under the plan:

(a)  the aggregate of all amounts each of which corresponds to the amount determined, in respect of the particular coverage and benefits enjoyed by the individual in the year under the plan, by the formula

(A × B) / C;

(b)  the amount determined by the formula

(D × E) / F.

For the purposes of the formulas set forth in the first paragraph,

(a)  A is the aggregate of the benefits paid in the year for any period, after 20 May 1993, of the year or of a previous year in respect of all the employees of the employer of the individual who enjoy the particular coverage and benefits under the plan, and the related tax;

(b)  B is the number of days of the year during which the individual enjoys the particular coverage and benefits under the plan;

(c)  C is the number, for each day of the year, of all the employees of the employer of the individual who enjoy the particular coverage and benefits under the plan;

(d)  D is the aggregate of the expenses, except those relating to the establishment of or a modification to the plan, incurred in respect of a third person for the administration or management of the plan for any period of the year, and the related tax, if any;

(e)  E is the number of days of the year during which the individual enjoys coverage under the plan;

(f)  F is the number, for each day of the year, of all employees of the employer of the individual who enjoy coverage under the plan.

1993, c. 64, s. 11; 1995, c. 63, s. 261.

37.0.1.5. For the purposes of section 37.0.1.4,

(a)  the portion of a benefit, which can reasonably be considered to relate to the cost that would be assumed by the Régie de l’assurance maladie du Québec on behalf of an insured person in respect of insured services under the Health Insurance Act (chapter A-29), is deemed not to be a benefit contemplated in subparagraph a of the second paragraph of section 37.0.1.4;

(b)  where the risk to an employer, or to a person related to the employer, in relation to a particular plan for the insurance of persons, is reduced by the fact that the employer, or the person related to the employer, has purchased excess of loss insurance from an insurer,

i.  a benefit paid by the insurer under the excess of loss insurance in relation to the particular plan is deemed not to be a benefit contemplated in subparagraph a of the second paragraph of section 37.0.1.4 in relation to that plan, and

ii.  the portion of the premium paid by the employer, which can reasonably be attributed to particular coverage and benefits under the particular plan, in relation to the excess of loss insurance for any period of a year, is deemed to be a benefit contemplated for the year in subparagraph a of the second paragraph of section 37.0.1.4 in relation to such coverage and benefits under the particular plan, except if the excess of loss insurance covers all the coverage and benefits provided under the particular plan, in which case the premium is deemed to constitute expenses contemplated for the year in subparagraph d of the second paragraph of the said section 37.0.1.4 in respect of the particular plan;

(c)  where, for a particular period, included in the year, throughout which the individual is not entitled to benefit from the provisions of the Health Insurance Act, the particular benefits enjoyed by the individual in relation to particular coverage under the plan covers at least all the services that would be insured in respect of the individual under the said Act for the particular period if the individual were entitled to benefit from the provisions of that Act at that time, subparagraph a of the second paragraph of section 37.0.1.4 shall, in respect of such particular coverage and benefits, apply without reference to paragraph a and read as follows:

“(a) A is the aggregate of the amount by which the benefits paid in the year for any period, after 20 May 1993, of the year or of a previous year in respect of all the employees of the employer of the individual who enjoy the particular coverage and benefits under the plan exceeds the amount prescribed in respect of the particular coverage and benefits, and the portion of the related tax which can reasonably be attributed to the excess amount;”.

1993, c. 64, s. 11; 1995, c. 63, s. 261; 1998, c. 16, s. 38; 1999, c. 89, s. 53.

37.0.1.6. For the purposes of section 37.0.1.4, where the plan for the insurance of persons provides identical coverage to the employer’s employees under Québec jurisdiction and to the employer’s other employees, the employer must elect, from among the following data in the employer’s possession, the data which will best reflect the coverage provided under the plan to those of the employer’s employees under Québec jurisdiction:

(a)  actual data relating to all the employees of the employer who enjoy coverage under the plan;

(b)  actual data relating to the employer’s employees under Québec jurisdiction who enjoy coverage under the plan.

In the first paragraph, the expression “employee under Québec jurisdiction” of an employer means an employee of the employer who reports for work in an establishment of the employer situated in Québec, and an employee of the employer who is not required to report for work at an establishment of the employer but whose wages are paid or deemed to be paid from such an establishment situated in Québec.

1993, c. 64, s. 11; 1995, c. 63, s. 261; 1998, c. 16, s. 39.

37.0.2. An individual shall, in computing the income of the individual for the year from an office or employment, include all amounts received by the individual in the year as an allowance or reimbursement in respect of an amount that would, if the individual were entitled to no reimbursements or allowances, be deductible under Chapter III in computing the individual’s income, except to the extent that the amounts so received are otherwise included in computing the individual’s income for the year or are taken into account in computing the amount that is deducted under Chapter III by the individual for the year or a preceding taxation year.

1991, c. 25, s. 6; 1998, c. 16, s. 40.

37.0.3. Without restricting the generality of sections 36 and 37, an individual shall, in computing the income of the individual for the year from an office or employment, include

(a)  the value of any indemnity for meals or transportation between the individual’s ordinary place of residence and the individual’s work location received by the individual in the year, as an allowance or refund or under any other form, for overtime worked in the course of performing the duties of the individual’s office or employment; and

(b)  any amount that is the amount by which the value of a meal or service of transportation between the individual’s ordinary place of residence and the individual’s work location supplied in the year for overtime worked in performing the duties of the individual’s office or employment exceeds the amount the individual pays in respect of the meal or service of transportation.

However, the individual is not required in computing the income of the individual to include an amount referred to in the first paragraph in relation to overtime if it was worked at the request of the employer for a scheduled period of at least three consecutive hours and are infrequent or occasional in nature and if,

(a)  in the case of an indemnity for meals or a meal supplied,

i.  the value of the indemnity for meals or of the meal supplied is reasonable, and

ii.  in the case of an indemnity for meals, the indemnity is the full or partial refund, upon presentation of vouchers, of the meal expenses incurred by the individual because of the overtime; and

(b)  in the case of an indemnity for transportation or a service of transportation supplied,

i.  public transit is not available or it is reasonable to consider that, under the circumstances, the individual’s safety would be jeopardized because of the time at which the transportation is provided, and

ii.  in the case of an indemnity for transportation, the indemnity is the full or partial refund, upon presentation of vouchers, of the taxi transportation expenses incurred by the individual because of the overtime to travel between the individual’s ordinary place of residence and the individual’s work location.

2003, c. 9, s. 16.

37.0.4. An individual shall, in computing the income of the individual for the year from an office or employment, include any amount that the individual received from the individual’s employer in the year under a public compensation plan and that may not be considered to be an amount received as an income replacement indemnity solely because no employer may obtain the reimbursement of that amount.

2005, c. 38, s. 52.

37.1. An individual referred to in section 487.1 shall, in computing the income of the individual for the year from an office or employment, include every amount deemed by section 487.1 to be a benefit received in the year by the individual.

1978, c. 26, s. 4; 1983, c. 44, s. 14; 1998, c. 16, s. 40.

37.1.1. An amount paid or the value of assistance provided by any person because of, or in the course of, an individual’s office or employment in respect of the cost of, the financing of, the use of or the right to use, a residence is, for the purposes of this division, a benefit received by the individual because of the office or employment.

2001, c. 53, s. 12.

37.1.2. In this division,

“eligible housing loss” in respect of a residence designated by an individual means a housing loss in respect of an eligible relocation of the individual or a person who does not deal at arm’s length with the individual and, for the purposes of this definition, no more than one residence may be so designated in respect of an eligible relocation;

“housing loss” at any time in respect of a residence of an individual means the amount by which the greater of the adjusted cost base of the residence at that time to the individual or to another person who does not deal at arm’s length with the individual and the highest fair market value of the residence within the six-month period that ends at that time exceeds

(a)  if the residence is disposed of by the individual or the other person before the end of the first taxation year that begins after that time, the lesser of the proceeds of disposition of the residence and the fair market value of the residence at that time; and

(b)  in any other case, the fair market value of the residence at that time.

Where sections 37.1.1 to 37.1.4 apply in respect of a relocation of an individual who is absent from Canada but resident in Québec, the definition of “eligible relocation” in section 349.1 shall be read, for the purposes of those sections 37.1.1 to 37.1.4, without reference to the words “in Canada” in subparagraph a of the first paragraph of that section  349.1 and without reference to subparagraph b of that paragraph.

2001, c. 53, s. 12.

37.1.3. For the purposes of section 37, an amount paid at any time in respect of a housing loss other than an eligible housing loss to or on behalf of an individual or a person who does not deal at arm’s length with the individual because of, or in the course of, an office or employment is deemed to be a benefit received by the individual at that time because of the office or employment.

2001, c. 53, s. 12.

37.1.4. For the purposes of section 37, an amount paid at any time in a taxation year in respect of an eligible housing loss to or on behalf of an individual or a person who does not deal at arm’s length with the individual because of, or in the course of, an office or employment is deemed to be a benefit received by the individual at that time because of the office or employment to the extent of the amount by which one half of the amount by which the aggregate of all amounts each of which is so paid in the year or in a preceding taxation year exceeds $15,000 exceeds the aggregate of all amounts each of which is an amount included in computing the individual’s income because of this section for a preceding taxation year in respect of the loss.

2001, c. 53, s. 12.

37.1.5. For the purposes of section 37, the value of the benefit received or enjoyed by an individual for a taxation year because of, or in the course of, the individual’s office or employment is deemed to be equal,

(a)  for all the gifts, other than excluded gifts, received in the year by the individual from the individual’s employer for one or more special occasions, such as Christmas, an anniversary, a wedding or similar occasion, to the amount by which the value otherwise determined of the benefit for the year exceeds the lesser of

i.  $500, and

ii.  the aggregate of all amounts each of which is the value of such a gift; and

(b)  for all the awards, other than excluded awards, received in the year by the individual from the individual’s employer in recognition of certain achievements, such as reaching a set number of years of service, meeting or exceeding safety standards or reaching similar objectives, to the amount by which the value otherwise determined of the benefit for the year exceeds the lesser of

i.  $500, and

ii.  the aggregate of all amounts each of which is the value of such an award.

In the first paragraph, an excluded gift or an excluded award means a gift or an award that

(a)  is in cash;

(b)  may easily be converted into cash, except a gift coupon or gift certificate, including a smart card, that must be used to purchase a property or a service from one or more designated merchants; or

(c)  constitutes a benefit that is referred to in another special provision of this chapter or that may reasonably be considered, without reference to section 34, to be a benefit received or enjoyed by the individual as consideration for the individual’s performance of work.

2003, c. 9, s. 17.

37.2. For the purposes of section 37, where an employer or former employer of an individual makes a top-up disability payment, within the meaning assigned by section 43.0.2, in respect of the individual, the payment is deemed not to be a benefit received or enjoyed by the individual.

2000, c. 5, s. 22.

38. An individual is not required in computing the income of the individual to include the value of benefits derived from contributions paid in respect of the individual by the individual’s employer under

(a)  a registered pension plan;

(b)  a group insurance plan, in relation to coverage against the loss of all or part of the income from an office or employment;

(c)  (subparagraph repealed);

(d)  a supplementary unemployment benefit plan;

(e)  a deferred profit sharing plan; or

(f)  (subparagraph repealed);

(g)  a multi-employer insurance plan.

Similarly, the individual is not required in computing the individual’s income to include the value of any benefit derived from group coverage which, otherwise than under an insurance plan referred to in subparagraph b of the first paragraph, is provided to the individual under a plan, against the loss of all or part of the income from an office or employment, or the value of any benefit derived from the payment by the individual’s employer of the tax provided for under the Retail Sales Tax Act (chapter I-1) or under Title III of the Act respecting the Québec sales tax (chapter T-0.1), in respect of such group coverage or of the contributions paid by the individual’s employer under subparagraph b or g of the first paragraph in respect of the individual.

Furthermore, the individual is not required in computing the individual’s income to include the value of any benefit under a retirement compensation arrangement, an employee benefit plan or an employee trust or under a salary deferral arrangement, except to the extent that the value of the benefit is included under section 37 because of section 47.11, the value of any benefit that was a benefit in respect of the use of an automobile, except if the benefit related to the use of an automobile owned or leased by the individual and is not referred to in section 41.1.2, the value of any benefit derived from counselling services received by the individual or a person related to the individual in respect of stress management or the use or consumption of tobacco, drugs or alcohol, other than a benefit attributable to an outlay or expense to which section 134 applies, or from counselling services in respect of the re-employment or retirement of the individual, or the value of any benefit derived from the individual’s participation in a training activity the cost of which is borne by the individual’s employer, if it is reasonable to consider that the training significantly benefits the individual’s employer.

1972, c. 23, s. 32; 1972, c. 26, s. 39; 1982, c. 5, s. 16; 1983, c. 44, s. 15; 1986, c. 15, s. 38; 1989, c. 77, s. 10; 1990, c. 59, s. 34; 1991, c. 25, s. 7; 1993, c. 16, s. 23; 1993, c. 64, s. 12; 1995, c. 49, s. 19; 1995, c. 63, s. 261; 1997, c. 31, s. 7; 1998, c. 16, s. 41; 1999, c. 83, s. 28.

38.1. An individual is not required in computing the individual’s income to include the value of benefits received from the individual’s employer and derived from

(a)  the total or partial reimbursement, after 23 March 2006, of the cost of an eligible transit pass taking the form of a subscription for a minimum period of one month, valid after that date, that the individual acquired with a view to using it to commute between the individual’s ordinary place of residence and the individual’s work location;

(b)  the total or partial reimbursement, after 23 March 2006, of the cost of an eligible paratransit pass, valid after that date, that the individual acquired with a view to using it to commute between the individual’s ordinary place of residence and the individual’s work location; or

(c)  the supply, after 23 March 2006, of an eligible transit pass or eligible paratransit pass, if the pass is supplied to the individual primarily to commute between the individual’s ordinary place of residence and the individual’s work location.

In this section, “eligible paratransit pass” and “eligible transit pass” have the meaning assigned by section 156.9.

2006, c. 36, s. 24.

39. An individual is not required to include in computing the individual’s income

(a)  travel, personal or living expense allowances

i.  expressly established by the laws of Canada,

ii.  paid under the Act respecting public inquiry commissions (chapter C-37), or

iii.  paid under the authority of the Treasury Board of Canada to a person who was appointed or whose services were engaged pursuant to the Inquiries Act (R.S.C. 1985, c. I-11) in respect of the discharge of the person’s duties relating to such appointment or engagement;

(b)  travel and separation allowances received by the individual under service regulations as a member of the Canadian Forces;

(c)  representation or other special allowances received by the individual in respect of a period of absence from Canada as a person described in paragraph b, c or d of section 8;

(d)  representation or other special allowances received by the individual as an agent-general of a province in respect of a period while the individual was in Ottawa in such capacity;

(e)  reasonable allowances received by the individual as a minister or clergyman in charge of or ministering to a diocese, parish or congregation for transportation incident to the discharge of the duties of that office or employment;

(e.1)  allowances for the board and lodging received by the individual, to a maximum total of $300 for each month of a taxation year, if

i.  the individual is, in that month, a registered participant with, or member of, a sports team or recreation program of the employer in respect of which participation or membership is restricted to persons under 21 years of age,

ii.  the allowance is paid because of the individual’s participation or membership and is not attributable to services of the individual as a coach, instructor, trainer, referee, administrator or other similar occupation,

iii.  the employer is a registered charity or a person described in section 996, and

iv.  the allowance is reasonably attributable to the cost to the individual of living away from the place where the employee would, but for the employment, ordinarily reside;

(f)  (paragraph repealed);

(f.1)  allowances not exceeding a reasonable amount received by the individual for the purchase or care of distinctive clothing the individual is required to wear, under the terms of the individual’s contract of employment, in the performance of the duties of the employment;

(f.2)  allowances received by the individual for expenses incidental to the individual’s relocation, by reason of a change in the location of employment with the individual’s employer, up to an amount not exceeding an amount equal to two weeks’ salary, calculated on the basis of the salary paid to the individual on the date of reassignment; and

(g)  prescribed travel, personal, living or representation expense allowances and any other amount prescribed in respect of such expenses.

1972, c. 23, s. 33; 1978, c. 26, s. 5; 1982, c. 5, s. 17; 1993, c. 64, s. 13; 1995, c. 63, s. 21; 1997, c. 85, s. 38; 1998, c. 16, s. 251; 2003, c. 9, s. 18; 2005, c. 38, s. 53; 2009, c. 15, s. 36.

39.1. (Repealed).

1993, c. 64, s. 14; 1997, c. 85, s. 39; 1998, c. 16, s. 251; 2005, c. 38, s. 54.

39.2. An individual who is a member of the National Assembly or of the legislature of another province is not required in computing the individual’s income for a taxation year to include the portion of the allowance the individual receives in the year for expenses incident to the discharge of the individual’s duties, which does not exceed one-half of the maximum fixed amount provided by the laws of a province as payable to the individual by way of salary, indemnity and other remuneration in respect of attendance at a session.

1997, c. 14, s. 18; 1998, c. 16, s. 42; 2005, c. 38, s. 55.

39.3. An individual who is an elected member of a municipal council, a member of the council or executive committee of a metropolitan community, regional county municipality or other similar body established under an Act of the Parliament of Québec, a member of a municipal utilities commission or corporation or any other similar body administering such a service or a member of a public or separate school board or any other similar body administering a school district, is not required in computing the income of the individual for a taxation year to include the allowance the individual receives in the year from the municipality or body for expenses incident to the discharge of the individual’s duties, other than an allowance the individual is not otherwise required to include in computing the individual’s income, to the extent that the allowance does not exceed one-half of the amount, determined without reference to that allowance, paid to the individual in the year by the municipality or body by way of salary or other remuneration.

1997, c. 14, s. 18; 1998, c. 16, s. 43; 2000, c. 56, s. 218.

39.4. An individual who is a member of the council of a regional county municipality or a member of the council of the Kativik Regional Government, constituted under the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1), is not required to include in computing the individual’s income for a taxation year an amount received by the individual in the year from the municipality as an allowance for, or reimbursement of, travel expenses other than those incident to the discharge of the individual’s duties as such a member, to the extent that the amount does not exceed a reasonable amount.

1997, c. 14, s. 18; 1997, c. 85, s. 40; 2001, c. 51, s. 18.

39.4.1. An individual who is elected or appointed in a representative capacity to hold an office with a body that is a corporation, association or other similar organization with which the individual was dealing at arm’s length is not required to include in computing the individual’s income for a taxation year an amount received by the individual in the year from the body as an allowance for, or reimbursement of, travel expenses to enable the individual to attend a meeting of the council or committee of which the individual is a member, other than travel expenses incurred in the performance of the individual’s duties, to the extent that the amount does not exceed a reasonable amount and that the meeting is held at a location

(a)  not less than 80 kilometres from the individual’s ordinary place of residence; and

(b)  where the body is a non-profit organization, that may reasonably be considered as being connected to the territory within which that body regularly carries on its activities or, in any other case, is situated within the local municipal territory or the metropolitan area, as the case may be, where the head office or principal place of business of the body is situated.

2001, c. 51, s. 19.

39.5. An individual who had part-time employment with an employer with whom the individual was dealing at arm’s length is not required to include in computing the individual’s income for a taxation year an amount, not exceeding a reasonable amount, received by the individual in the year from that employer as an allowance for, or reimbursement of, travel expenses other than expenses incurred in the performance of the duties of the individual’s part-time employment, if

(a)  the individual’s part-time employment

i.  was during a period throughout which the individual had other employment or was carrying on a business, or

ii.  was as a teacher in an educational institution referred to in paragraph a of section 752.0.18.10;

(b)  the duties of the part-time employment were performed at a location not less than 80 kilometres from both the individual’s ordinary place of residence and, where the condition set out in subparagraph ii of paragraph a is not met, of the principal place of the individual’s other employment or the principal place of the individual’s business.

1997, c. 14, s. 18; 1997, c. 85, s. 40; 2000, c. 39, s. 4.

39.6. An individual who is employed in a taxation year by a government, municipality or public authority, in this section referred to as the “employer”, is not required to include in computing the individual’s income for the year derived from the performance of the duties provided for in paragraph a, an amount received by the individual or the value of a benefit received or enjoyed by the individual in the year, because of the individual’s employment with that employer for the performance of those duties, up to an amount of $1,000, where

(a)  the individual receives or enjoys the amount for the performance of the individual’s duties as a volunteer ambulance technician, a volunteer firefighter or a volunteer assisting in the search and rescue of individuals or in other emergency operations; and

(b)  the employer certifies in writing where so requested by the Minister that the individual was in the year an employee of the employer and performed the duties provided for in paragraph a and that the individual was at no time in the year an employee of the employer otherwise than as a volunteer, in connection with the performance of any of those duties or of similar duties.

2003, c. 2, s. 14; 2004, c. 21, s. 43.

40. An individual is not required to include in computing the individual’s income,

(a)  reasonable allowances for travel expenses received by the individual from the individual’s employer in respect of any period when the individual was employed in connection with the selling of property or negotiating of contracts for the employer;

(b)  reasonable allowances for travel expenses, other than allowances for the use of a motor vehicle, received from the employer by the individual as an employee, other than an employee referred to in paragraph a, for travelling away from the local municipal territory or the metropolitan area, as the case may be, where the employer’s establishment at which the employee ordinarily works or with which the employee is ordinarily connected is located, in the performance of the duties of the employment; or

(c)  reasonable allowances for the use of a motor vehicle received by the individual as an employee, other than an employee referred to in paragraph a, from the employer for travelling in the performance of the duties of the employment.

1972, c. 23, s. 34; 1977, c. 26, s. 3; 1990, c. 59, s. 35; 1993, c. 16, s. 24; 1995, c. 63, s. 261; 1997, c. 85, s. 41.

40.1. For the purposes of paragraph e of section 39 and paragraphs a and c of section 40, an allowance received in the year by the individual for the use of a motor vehicle in connection with or in the course of the individual’s office or employment is deemed not to be a reasonable allowance

(a)  where the measurement of the use of the vehicle for the purpose of determining the allowance is not based solely on the actual number of kilometres for which the motor vehicle is used in connection with or in the course of the office or employment; or

(b)  where the individual both receives an allowance in respect of that use and is reimbursed in whole or in part for expenses in respect of that use, except where the reimbursement is in respect of supplementary business insurance or toll or ferry charges and the amount of the allowance was determined without reference to those reimbursed expenses.

1990, c. 59, s. 36; 1993, c. 16, s. 25; 1995, c. 49, s. 20; 1998, c. 16, s. 44; 2003, c. 9, s. 19.

41. Where an employer or a person related to the employer makes an automobile available to an employee of the employer, or to a person related to the employee, in the year, the employee shall, in computing the income of the employee, include the amount by which a reasonable amount corresponding to the value of such right of use for the total number of days in the year during which the automobile was made so available exceeds the aggregate of all amounts each of which is an amount, other than an expense related to the operation of the automobile, paid in the year to the employer or a person related to the employer by the employee or the person related to the employee for the use of the automobile.

1972, c. 23, s. 35; 1973, c. 17, s. 8; 1978, c. 26, s. 6; 1980, c. 13, s. 4; 1983, c. 44, s. 16; 1990, c. 59, s. 37; 1998, c. 16, s. 45.

41.0.1. For the purposes of section 41, a reasonable amount corresponding to the value of the right of use of an automobile for the total number of days, in this section referred to as the “total available days”, in a year during which the automobile is made available to an individual or to a person related to the individual by an employer or a person related to the employer, both of whom are in this section referred to as “the employer”, is deemed to be equal to the amount determined by the formula

A / B [2% (C × D) + 2/3 (E − F)].

In the formula provided for in the first paragraph,

(a)  A is

i.  the lesser of the total number of kilometres that the automobile is driven, otherwise than in connection with or in the course of the individual’s office or employment, during the total available days, and the product determined for the year under subparagraph b, if

(1)  the individual is required by the employer to use the automobile in connection with or in the course of the office or employment, and

(2)  the distance travelled by the automobile during the total available days is primarily in connection with or in the course of the office or employment, and

ii.  in any other case, the product determined for the year under subparagraph b;

(b)  B is the product obtained by multiplying 1,667 by the quotient obtained by dividing the total available days by 30 and, if the quotient so obtained is not a whole number and exceeds one, by rounding it to the nearest whole number or, where that quotient is equidistant from two consecutive whole numbers, by rounding it to the lower of those two numbers;

(c)  C is the cost of the automobile to the employer where the employer owns the vehicle at any time in the year;

(d)  D is the quotient obtained by dividing such of the total available days as are days when the employer owns the automobile by 30 and, if the quotient so obtained is not a whole number and exceeds one, by rounding it to the nearest whole number or, where that quotient is equidistant from two consecutive whole numbers, by rounding it to the lower thereof;

(e)  E is the aggregate of all amounts that may reasonably be regarded as having been payable by the employer to a lessor for the purpose of leasing the automobile during such of the total available days as are days when the automobile is leased to the employer;

(f)  F is the part of the amount determined under subparagraph e that may reasonably be regarded as having been payable to the lessor in respect of all or part of the cost to the lessor of insuring against loss of, or damage to, the automobile or liability resulting from the use or operation of the automobile.

1990, c. 59, s. 38; 1998, c. 16, s. 46; 2005, c. 1, s. 28.

41.0.2. Where, in a year, an individual is employed principally in selling or leasing automobiles, an automobile owned by the individual’s employer is made available by the employer to the individual or to a person related to the individual, and the employer has acquired one or more automobiles, the reasonable amount corresponding to the value of the right of use determined under section 41.0.1 shall, at the option of the employer, be computed as if

(a)  the reference in the formula therein to 2% were read as a reference to 1.5%, and

(b)  the cost of the automobile to the employer were the greater of

i.  the quotient obtained by dividing the cost to the employer of all new automobiles acquired by the employer in the year for sale or lease in the course of the employer’s business by the number of new automobiles so acquired, and

ii.  the quotient obtained by dividing the cost to the employer of all automobiles acquired by the employer in the year for sale or lease in the course of the employer’s business by the number of automobiles so acquired.

1990, c. 59, s. 38; 1998, c. 16, s. 47.

41.1. (Repealed).

1986, c. 15, s. 39; 1990, c. 59, s. 39; 1995, c. 49, s. 21.

41.1.1. Where, in computing the income of the individual for a taxation year as income from an office or employment, a reasonable amount corresponding to the value of the right of use of an automobile is determined under sections 41 to 41.0.2, and an amount in respect of the operation, otherwise than in connection with or in the course of the individual’s office or employment, of the automobile for the period or periods in the year during which the automobile was made available to the individual or a person related to the individual is paid or payable by the individual’s employer or a person related to the individual’s employer, each of whom is in this section referred to as the “payor”, the individual shall, in computing the individual’s income for the year from an office or employment, include the amount determined by the formula

A − B.

For the purposes of the formula in the first paragraph,

(a)  A is

i.  where the automobile is used primarily in the performance of the duties of the individual during the period or periods referred to in the first paragraph and the individual notifies the employer in writing before the end of the year of the individual’s intention to have this subparagraph apply, one-half of the reasonable amount corresponding to the value of the right of use determined in respect of the automobile under sections 41 to 41.0.2 in computing the individual’s income for the year, and

ii.  in any other case, the amount equal to the product obtained when the amount prescribed for the year is multiplied by the total number of kilometres that the automobile is driven, otherwise than in connection with or in the course of the individual’s office or employment, during the period or periods referred to in the first paragraph; and

(b)  B is the aggregate of all amounts in respect of the operation of the automobile in the year paid in the year or within 45 days after the end of the year to the payor by the individual or by the person related to the individual.

This section does not apply where the aggregate of all amounts each of which is an amount referred to in the first paragraph, paid or payable by the payor, is paid, in the year or within 45 days after the end of the year, to the payor by the individual or by the person related to the individual.

1995, c. 49, s. 22; 1998, c. 16, s. 48.

41.1.2. An individual shall, in computing the income of the individual for a taxation year from an office or employment, include the value of a benefit in respect of the operation of an automobile, other than a benefit to which section 41.1.1 applies or would apply but for the third paragraph thereof, received or enjoyed by the individual in the year because of, or in the course of, the individual’s office or employment.

1995, c. 49, s. 22l; 1998, c. 16, s. 49.

41.1.3. An individual who is a member of a police force or of a fire safety service is not required to include, in computing the individual’s income for a taxation year from an office or employment, the value of a benefit in respect of the use of a vehicle that is, in the year, made available to the individual by the employer or a person related to the employer, if

(a)  a written directive of the employer limits the use, by the individual, of the vehicle for personal purposes and specifies that the vehicle is to be returned to the employer during an extended absence; and

(b)  the vehicle is clearly identified with the employer’s name or, failing that, the vehicle has special equipment allowing for a prompt intervention in the case of events concerning public safety.

2004, c. 21, s. 44.

41.1.4. If an employer or a person to whom the employer is related makes an automobile, other than a vehicle in respect of which section 41.1.3 applies, available in a taxation year to an employee or to a person related to the employee, the employee shall keep, in respect of trips made with the automobile for the total number of days in the year during which the automobile is so made available to the employee or to a person to whom the employee is related, a logbook in which the employee enters the information provided for in section 41.1.5, and shall give a copy of the logbook to the employer on or before the tenth day following the last day of the year during which the employer or a person related to the employer made such an automobile available to the employee or to a person to whom the employee is related.

2005, c. 23, s. 37.

41.1.5. The information to which section 41.1.4 refers is

(a)  the total number of days in the year during which the employer or a person to whom the employer is related made the automobile available to the individual or to a person related to the individual;

(b)  on a daily, weekly or monthly basis, the total number of kilometres travelled by the automobile during the total number of days referred to in subparagraph a; and

(c)  on a daily basis, for each trip made with the automobile in connection with or in the course of the office or employment of the individual, the identification of the place of departure and the place of destination, the number of kilometres travelled by the automobile between those two places, and any information necessary to establish that the trip was made in connection with or in the course of the office or employment of the individual.

However, if the kilometres travelled by the automobile during the total number of days referred to in subparagraph a are kilometres exclusively travelled by the automobile otherwise than in connection with or in the course of the office or employment of the individual, the information to which section 41.1.4 refers is

(a)  the total number of days in the year during which the employer or a person to whom the employer is related made the automobile available to the individual or to a person related to the individual; and

(b)  the kilometres registered on the odometer of the automobile at the beginning and end of each period, within the year, during which the automobile was made available, on a continuous basis, to the individual or a person to whom the individual is related by the employer or a person related to the employer.

2005, c. 23, s. 37.

41.2. (Repealed).

1991, c. 25, s. 8; 1994, c. 22, s. 61; 1995, c. 1, s. 17; 1995, c. 49, s. 23; 1997, c. 31, s. 8.

41.2.1. (Repealed).

1994, c. 22, s. 62; 1995, c. 1, s. 18; 1995, c. 49, s. 24; 1997, c. 14, s. 19; 1997, c. 31, s. 8.

41.2.2. (Repealed).

1994, c. 22, s. 62; 1995, c. 49, s. 25.

41.3. To the extent that the cost to a person of purchasing a property or service or an amount payable by a person for the purpose of leasing property is taken into account in determining an amount required under any of sections 36 to 47.17 to be included in computing the income of an individual for a taxation year, that cost or that amount payable, as the case may be, shall include any tax that was payable by the person in respect of the property or service or that would have been so payable if the person were not exempt from the payment of that tax because of the nature of the person or the use to which the property or service is to be put.

1991, c. 25, s. 8; 1994, c. 22, s. 63; 1995, c. 49, s. 26; 1997, c. 31, s. 9.

41.4. For the purposes of this division, the value of a benefit in respect of the use of a motor vehicle by an individual does not include the value of a benefit related to the parking of the vehicle.

1995, c. 49, s. 27.

42. Notwithstanding sections 36 and 37, an individual who is not entitled to the deduction provided for in section 737.25 is not required, in computing the income of the individual for a taxation year from an office or employment, to include any amount received or enjoyed by the individual because of, or in the course of, the office or employment that is the value of, or an allowance, not in excess of a reasonable amount, in respect of expenses the individual has incurred

(a)  for the individual’s board and lodging for a period during which the individual was required by the individual’s duties to be away from the individual’s principal place of residence, or to be at the special work site referred to in subparagraph i or at the location referred to in subparagraph ii, for not less than 36 hours, if such board and lodging were

i.  at a special work site at which the duties performed by the individual were of a temporary nature and if the individual maintained at another location a self-contained domestic establishment as the individual’s principal place of residence that was, throughout the period, available for the individual’s occupancy and not rented to any other person, and to which, by reason of distance, the individual could not reasonably be expected to have returned daily from the special work site, or

ii.  at a location at which, by virtue of its remoteness from any established community, the individual could not reasonably be expected to establish and maintain a self-contained domestic establishment; or

(b)  for transportation, in respect of a period described in paragraph a during which the individual received board and lodging, or a reasonable allowance in respect of board and lodging, from the individual’s employer, between

i.  the individual’s principal place of residence and the special work site referred to in subparagraph i of paragraph a, or

ii.  the location referred to in subparagraph ii of paragraph a and a location in Canada or in the country in which the individual is employed.

1972, c. 23, s. 36; 1982, c. 5, s. 18; 1983, c. 49, s. 10; 1986, c. 19, s. 7; 1990, c. 7, s. 10; 1991, c. 25, s. 9; 1993, c. 16, s. 26; 1995, c. 1, s. 19; 1998, c. 16, s. 50.

42.0.1. Notwithstanding sections 36 and 37, an individual is not required in computing the income of the individual for a taxation year from an office or employment to include any amount received or enjoyed by the individual because of, or in the course of, the individual’s office or employment that is the value of a benefit, or an allowance, not in excess of a reasonable amount, in respect of expenses incurred by the individual for

(a)  the transportation of the individual between the individual’s ordinary place of residence and the individual’s work location, including parking near that location, if the individual is blind or subparagraphs a to c of the first paragraph of section 752.0.14 apply in respect of the individual for the year by reason of the individual’s mobility impairment; or

(b)  an attendant to assist the individual in the performance of the individual’s duties if subparagraphs a to c of the first paragraph of section 752.0.14 apply in respect of the individual for the year.

1993, c. 16, s. 27; 1997, c. 85, s. 42; 1998, c. 16, s. 51; 2005, c. 38, s. 56.

DIVISION II.1 GRATUITIES

1983, c. 43, s. 4.

42.1. (Repealed).

1983, c. 43, s. 4; 1997, c. 85, s. 43.

42.2. (Repealed).

1983, c. 43, s. 4; 1997, c. 85, s. 43.

42.3. (Repealed).

1983, c. 43, s. 4; 1997, c. 85, s. 43.

42.4. (Repealed).

1983, c. 43, s. 4; 1997, c. 85, s. 43.

42.5. (Repealed).

1983, c. 43, s. 4; 1997, c. 85, s. 43.

42.6. In this division,

“regulated establishment” means, subject to section 42.7,

(a)  a place situated in Québec specially laid out where lodging or food for consumption on the premises is ordinarily provided in return for payment;

(b)  a place situated in Québec where alcoholic beverages are served for consumption on the premises in return for payment;

(c)  a railway train or a vessel, operated in connection with a business carried on entirely or almost entirely in Québec and on which food or beverages are served;

(d)  a place situated in Québec where, in connection with the carrying on of a business, food or beverages for consumption elsewhere than on the premises are provided in return for payment;

“tippable sale” means a sale in a regulated establishment that, in keeping with the prevailing custom in Québec, is likely to entail tipping by the customer, but does not include a sale of food or beverages for consumption elsewhere than on the premises of the regulated establishment.

1997, c. 85, s. 44.

42.7. For the purposes of the definition of “regulated establishment” in section 42.6, a regulated establishment does not include

(a)  a place situated in Québec where mainly lodging or food, or both, are provided by the week, month or year in return for payment;

(b)  a place where the activity consisting in the providing of food and beverages is carried on by an educational institution, a hospital institution, a shelter for needy persons or victims of violence or any other similar establishment;

(c)  a place where the activity consisting in the providing of food and beverages is carried on by a charity or a similar organization but is not carried on on a regular basis;

(d)  a cafeteria;

(e)  a fast food outlet in which the employees do not ordinarily receive tips from the majority of customers.

1997, c. 85, s. 44.

42.8. An individual shall, in computing income for the year, include every tip the individual receives or benefits from, and an amount equal to the amount that the employer is deemed, where such is the case, to have paid to the individual in that year because of subparagraph b of the first paragraph of section 1019.7, except

(a)  a tip remitted to another individual under a tip-sharing arrangement that has been implemented for the employees performing their employment duties for the same regulated establishment as the regulated establishment for which the individual performs employment duties, and that is managed by the employees;

(b)  a tip that is otherwise included in computing income for the year; and

(c)  where applicable, a tip the individual received or benefited from in the year and that is equal to an amount that the employer is deemed, because of subparagraph b of the first paragraph of section 1019.7, to pay to the individual in the following year.

1997, c. 85, s. 44.

42.9. (Repealed).

1997, c. 85, s. 44; 2009, c. 5, s. 43.

42.10. An individual shall, in computing income for the year, include all tips attributed to the individual in the year pursuant to section 42.11.

1997, c. 85, s. 44.

42.11. Every person who employs an individual who receives or benefits from tips in the performance of employment duties for a regulated establishment shall, for each pay period, attribute to that individual, at the time referred to in the second paragraph, an amount equal to the amount by which 8% of the total of the amounts of all tippable sales that are attributable to the pay period and to that individual in the performance of employment duties for the regulated establishment exceeds the total of the amounts of each tip in respect of tippable sales that is attributable to the pay period and to the individual in the performance of employment duties for the regulated establishment.

For the purposes of the first paragraph, the attribution of an amount determined under that paragraph in respect of a pay period shall be made at the time the employer pays to the individual referred to therein the individual’s salary or wages for that pay period or, where, having regard to the information available at that time and the time required to determine the amount of that attribution, it may reasonably be considered that the employer cannot at that time change the amount of the salary or wages to take into account that attribution owing to the fact that the payment of the salary or wages for that pay period is made at a time that follows too closely the end of that pay period, at the time the employer pays to the individual the salary or wages for the pay period immediately following that pay period.

1997, c. 85, s. 44.

42.12. Section 42.11 does not apply to an individual in relation to employment duties performed by the individual for a regulated establishment where all or substantially all of the tips the individual receives or benefits from in the performance of employment duties are derived from service charges paid by the customers of the regulated establishment and where

(a)  the service charges required from the customer in respect of a tippable sale are, in all or substantially all cases, equal to at least 10% of the amount of the tippable sale;

(b)  the customers are informed of the mandatory nature of the service charges and of the percentage charged in relation to the amount of tippable sales; and

(c)  the tip-sharing arrangement, if any, is not managed by the employees.

In addition, section 42.11 does not apply, for a pay period, to an individual in relation to employment duties as a cloakroom attendant performed for a regulated establishment or to an individual in relation to employment duties performed for a regulated establishment where

(a)  all or substantially all of the tips the individual receives or benefits from during the pay period are derived from a redistribution of tips received or benefited from by other individuals;

(b)  the individual is an employee of a corporation that operates the regulated establishment and the shares of the capital stock of which carrying voting rights in all circumstances are more than 40% held, at the end of the pay period, by the individual or the individual’s spouse;

(c)  the individual is an employee of a partnership that operates the regulated establishment, the individual’s spouse is a member of the partnership at the end of the pay period, and the spouse’s share, at that time, of the income of the partnership would be equal to more than 40% of the income of the partnership if the partnership’s fiscal period ended at that time and the partnership’s income for that fiscal period were equal to $1,000,000; or

(d)  the individual is an employee of the individual’s spouse.

1997, c. 85, s. 44; 2004, c. 21, s. 45.

42.13. For the purposes of this section and sections 42.11 and 42.14, the following rules apply:

(a)  subject to paragraph b, a tippable sale is attributable to the pay period during which the obligations relating to that sale are fully fulfilled;

(b)  where the funds representing the proceeds of a tippable sale in a regulated establishment are not received by the operator of the regulated establishment before the end of the pay period referred to in paragraph a in respect of that tippable sale, and where remittance of the tip attributable to that sale to the individual in respect of whom the sale is attributable is deferred to a time after that pay period, the tippable sale is attributable to the pay period during which the funds are received by the operator of the regulated establishment;

(c)  a tip in respect of a sale made to a customer that is a tippable sale attributable to an individual, means the tip determined by the customer in respect of the sale, including the portion of the tip to be remitted to another individual under a tip-sharing arrangement in effect in the regulated establishment;

(d)  subject to paragraph e, a tip in respect of a tippable sale is attributable to the pay period during which the obligations relating to that sale are fully fulfilled;

(e)  where the funds representing the proceeds of a tippable sale in a regulated establishment are not received by the operator of the regulated establishment before the end of the pay period referred to in paragraph d in respect of that tippable sale, and where remittance of the tip attributable to that sale to the individual in respect of whom the sale is attributable is deferred to a time after that pay period, the tip is attributable to the pay period during which the funds are received by the operator of the regulated establishment;

(f)  an individual who receives or benefits from tips in the performance of employment duties for a regulated establishment, other than an individual to whom the first paragraph of section 42.12 applies, shall, except where the individual performs the employment duties referred to in the second paragraph of that section 42.12, report in writing to the employer, in respect of a pay period, every tip in respect of a tippable sale attributable to the individual and to that pay period.

1997, c. 85, s. 44; 2009, c. 5, s. 44.

42.14. Every person who operates a regulated establishment for which an individual performs employment duties without being an employee of the regulated establishment shall declare in writing to the employer of that individual in relation to those duties, at the end of each pay period of that employer, the total of the amounts of each of the tippable sales attributable to the individual and at that pay period.

1997, c. 85, s. 44; 2004, c. 21, s. 46.

42.15. Where the Minister considers it necessary, the Minister may determine, in respect of a regulated establishment or class of sales in a regulated establishment, a percentage that is lesser than the percentage mentioned in section 42.11.

The Minister may determine, in respect of a regulated establishment or a class of sales in a regulated establishment, a percentage that is lesser than the percentage mentioned in section 42.11 if the employer who is to attribute an amount under that section applies therefor or, where that employer refuses to do so, if the majority of individuals performing their employment duties for the regulated establishment or for a class of sales in the regulated establishment apply therefor, and it is established to the satisfaction of the Minister that the percentage of 8% is too high having regard to the circumstances.

The Minister may determine, for a period in a calendar year, the percentage considered to be appropriate by the Minister having regard to the circumstances.

1997, c. 85, s. 44; 2000, c. 39, s. 5.

DIVISION III INCOME INSURANCE BENEFITS

1972, c. 23.

43. (1)  An individual shall, in computing the income of the individual, include the amounts payable on a periodic basis that the individual receives in respect of the loss of all or part of the individual’s income from an office or employment, pursuant to an insurance plan to which the individual’s employer has made a contribution, not exceeding the limit fixed under subsection 2.

(2)  Such limit shall be established by computing the amount by which

(a)  the aggregate of all such amounts received by the individual pursuant to the plan before the end of the year and after the later of the end of the year 1971 and the end of the last year in which any such amount was included in the individual’s income; exceeds

(b)  the aggregate of the contributions made by the individual under the plan before the end of the year and after the later of the end of the year 1967 and the end of the last year in which any amount referred to in paragraph a was included in the individual’s income.

1972, c. 23, s. 37; 1991, c. 25, s. 176; 1993, c. 64, s. 15; 1998, c. 16, s. 52.

43.0.1. For the purposes of section 43, where an employer or former employer of an individual makes a top-up disability payment in respect of the individual, the following rules apply:

(a)  the payment is deemed not to be a contribution made by the employer or former employer to or under the insurance plan of which the disability policy in respect of which the payment is made is or was a part; and

(b)  if the payment is made to the individual, it is deemed to be an amount received by the individual pursuant to the insurance plan referred to in paragraph a.

2000, c. 5, s. 23.

43.0.2. In section 43.0.1 and in this section,

“disability policy” means a group disability insurance policy that provides for periodic payments to individuals in respect of the loss of remuneration from an office or employment;

“top-up disability payment” in respect of an individual means a payment made by an employer or former employer of the individual as a consequence of the insolvency of an insurer that was obligated to make payments to the individual under a disability policy where

(a)  the payment is made to an insurer so that periodic payments made to the individual under the disability policy will not be reduced because of the insolvency, or will be reduced by a lesser amount; or

(b)  the payment is made to the individual to replace, in whole or in part, periodic payments that would have been made under the disability policy to the individual but for the insolvency and the payment is made under an arrangement by which the individual is required to reimburse the payment to the extent that the individual subsequently receives an amount from an insurer in respect of the portion of the periodic payments that the payment was intended to replace.

For the purposes of paragraphs a and b of the definition of “top-up disability payment” in the first paragraph, an insurance policy that replaces a disability policy is deemed to be the same policy as, and a continuation of, the disability policy that was replaced.

2000, c. 5, s. 23.

DIVISION III.1 MULTI-EMPLOYER INSURANCE PLAN

1993, c. 64, s. 16; 1995, c. 63, s. 22.

43.1. In this Title, a multi-employer insurance plan means a plan for the insurance of persons which is applicable by operation of law, the regulations or a government order, to an economic sector, an industry, an activity or a part of such a sector, industry or activity, and is offered jointly by employers belonging to the same economic sector, the same industry or the same activity and is managed by a common administrator.

1993, c. 64, s. 16; 1995, c. 63, s. 261.

43.2. An individual shall, in relation to a multi-employer insurance plan, include in computing the income of the individual for a taxation year the portion, which can reasonably be attributed to a plan for the insurance of persons, otherwise than in relation to coverage against the loss of all or part of the income from an office or employment, and which relates to work performed by the individual, of the aggregate of all amounts each of which is an amount that corresponds to the total contribution which, because of a previous, the current or an intended office or employment of the individual, was paid, for any period of the year, by an employer of the individual to the administrator of the multi-employer insurance plan and the related tax, within the meaning of subparagraph d of the second paragraph of section 37.0.1.1.

1993, c. 64, s. 16; 1995, c. 63, s. 261; 1998, c. 16, s. 53.

43.3. Where the amount established in accordance with the second paragraph for a taxation year in respect of an individual in relation to a multi-employer insurance plan exceeds the amount referred to in section 43.2 for the year in respect of the individual in relation to that plan, the individual shall include the excess in computing the income of the individual for the year.

The amount which must be established for a taxation year in respect of an individual in relation to a multi-employer insurance plan is equal to the amount that would be established for the year under sections 37.0.1.1 to 37.0.1.6 in respect of the individual in relation to the coverage, other than coverage against the loss of all or part of the income from an office or employment, enjoyed by the individual under the plan for any period of the year, if the administrator of the plan was the employer of all the employees who enjoy coverage under the plan during the year and if those employees were employees of the administrator and enjoyed that coverage by reason of an office or employment with the latter.

For the purposes of the second paragraph, no amount paid by an individual during the year as contribution to the plan shall be taken into account in computing the amount determined under section 37.0.1.2 or 37.0.1.4 in respect of the individual otherwise than because of a previous, the current or an intended office or employment of the individual.

In addition, for the purposes of this Title, except the third paragraph and this paragraph, where it may reasonably be considered that, at any time in a taxation year, an individual enjoys, otherwise than because of a previous, the current or an intended office or employment of the individual, all or part of a coverage under a multi-employer insurance plan, other than coverage against the loss of all or part of the income from an office, employment or business,

(a)  the individual is deemed to be an employee who, during the year, enjoys that coverage, or part thereof, by reason of an office or employment; and

(b)  the value of the benefit derived from that coverage or part thereof is deemed to be referred to in section 38.

1993, c. 64, s. 16; 1995, c. 63, s. 23; 1998, c. 16, s. 54.

DIVISION III.2 CANADIAN FORCES MEMBERS AND VETERANS

2006, c. 36, s. 25.

43.4. An individual shall, in computing the individual’s income for a taxation year from an office or employment, include the total of all amounts received by the individual in the year as an earnings loss benefit, a supplementary retirement benefit or a permanent impairment allowance payable to the individual under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act (Statutes of Canada, 2005, chapter 21).

2006, c. 36, s. 25.

DIVISION IV

Repealed, 1993, c. 64, s. 17.

1993, c. 64, s. 17.

44. (Repealed).

1972, c. 23, s. 38; 1975, c. 22, s. 4; 1993, c. 64, s. 17.

45. (Repealed).

1972, c. 23, s. 39; 1993, c. 64, s. 17.

46. (Repealed).

1972, c. 23, s. 40; 1993, c. 64, s. 17.

DIVISION V PROFIT SHARING PLANS

1972, c. 23.

47. For the purposes of this chapter, an individual shall, in computing the income of the individual, include the amounts allocated to the individual under a profit-sharing plan as provided by Title I of Book VII, except those referred to in section 860, and the amounts required by section 857 to be included in computing the individual’s income.

1972, c. 23, s. 41; 1998, c. 16, s. 55.

DIVISION V.1 EMPLOYEE BENEFIT PLANS AND EMPLOYEE TRUSTS

1982, c. 5, s. 19.

47.1. An individual shall, in computing the income of the individual for a taxation year, include all amounts allocated to the individual for that year by a trustee under an employee trust and all amounts received by the individual in the year out of or under an employee benefit plan or from the disposition of any interest in any such plan.

1982, c. 5, s. 19; 1998, c. 16, s. 56.

47.2. Notwithstanding section 47.1, an individual is not required in computing the income of the individual to include an amount received in respect of an employee benefit plan, to the extent that such amount represents a return of amounts contributed to the plan by the individual or a deceased employee of whom the individual is a legatee by particular title or legal representative, a death benefit or an amount that would, but for the deduction provided for in sections 3 and 4, be a death benefit, or a pension benefit attributable to services rendered by a person in a period throughout which the person was not resident in Canada.

1982, c. 5, s. 19; 1991, c. 25, s. 10; 1998, c. 16, s. 57; 2000, c. 5, s. 293.

47.3. For the purposes of section 47.2, an amount included in computing the income of an individual in respect of an employee benefit plan for a taxation year preceding the year in which it is paid, is deemed to be an amount contributed to the plan by the individual.

1982, c. 5, s. 19.

47.4. For the purposes of section 47.2, where an amount is received in a taxation year by an individual from an employee benefit plan that was in a preceding year an employee trust, that amount is deemed to be the return of the amounts contributed to the plan by the individual, up to the amount by which the lesser of the amounts determined under paragraph a or b of section 47.5 exceeds the aggregate of all amounts previously received out of the plan by the individual or a deceased person of whom the individual is a legatee by particular title or legal representative at a time when the plan was an employee benefit plan, to the extent that the latter amounts were deemed by this section to be a return of amounts contributed to the plan.

1982, c. 5, s. 19; 1998, c. 16, s. 58; 2000, c. 5, s. 293.

47.5. The amounts referred to in section 47.4 are the following:

(a)  the amount by which the aggregate of all amounts allocated to the individual or a deceased person of whom the individual is a legatee by particular title or legal representative, by a trustee of the plan at a time when the plan was an employee trust, exceeds the aggregate of all amounts previously paid out of the plan to or for the benefit of the individual or the deceased person at that time; and

(b)  the portion of the amount by which the cost amount to the plan of its property immediately before it ceased to be an employee trust exceeds the liabilities of the plan at that time that the amount determined under paragraph a in respect of the individual is of the aggregate of amounts determined under that paragraph in respect of all individuals who were beneficiaries under the plan immediately before it ceased to be an employee trust.

1982, c. 5, s. 19; 1998, c. 16, s. 59; 2000, c. 5, s. 293.

47.6. For the purposes of this division, “employee benefit plan” means an arrangement under which contributions are made by an employer or by a person with whom the employer does not deal at arm’s length to another person, referred to in this Part as the “custodian” of an employee benefit plan, and under which one or more payments are to be made to or for the benefit of employees or former employees of the employer or persons who do not deal at arm’s length with any such employee or former employee, other than a payment that, if this chapter were read without reference to the third paragraph of section 38 and to section 47.1, would not be required to be included in computing the income of the recipient.

However, such a plan does not include a plan referred to in subparagraph a, d or e of the first paragraph of section 38 or in section 43 or 47, a group health or accident insurance plan, a private health services plan, a group term life insurance policy, a trust referred to in paragraph m of section 998, an employee trust, an arrangement the sole purpose of which is to provide education or training for employees of the employer to improve their work or work-related skills and abilities, a salary deferral arrangement in respect of an individual under which a deferred amount must be included as a benefit under section 37 in computing the income of that individual, a retirement compensation arrangement or a prescribed arrangement.

1982, c. 5, s. 19; 1987, c. 21, s. 11; 1988, c. 18, s. 4; 1989, c. 77, s. 11; 1991, c. 25, s. 176; 1993, c. 64, s. 18; 1995, c. 49, s. 28; 1995, c. 63, s. 24; 1996, c. 39, s. 26; 1998, c. 16, s. 60; 1999, c. 89, s. 53.

47.7. For the purposes of this division, “employee trust” means an arrangement in respect of which the trustee of the arrangement makes a valid election under paragraph c of the definition of “employee trust” in subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 and under which

(a)  payments are made by one or more employers to a trustee in trust solely to provide for the payment of benefits to employees or former employees of the employer or a person with whom the employer does not deal at arm’s length;

(b)  the right to a benefit referred to in subparagraph a vests only at the time of its payment;

(c)  the amount of a benefit referred to in subparagraph a does not depend on the individual’s position, performance or compensation as an employee; and

(d)  the trustee has, since the commencement of the arrangement, each year allocated to individuals who are beneficiaries under the trust, in such manner as is reasonable, an amount equal to the excess described in section 47.8.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph c of the definition of “employee trust” in subsection 1 of section 248 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1982, c. 5, s. 19; 2009, c. 5, s. 45.

47.8. The excess referred to in subparagraph d of the first paragraph of section 47.7 is obtained by subtracting the aggregate of the capital losses of the trust for the year from the disposition of property and of the losses, other than allowable capital losses from the disposition of property, of the trust for the year from any source other than a business, from the aggregate of amounts received under the arrangement by the trustee in the year from an employer or from a person with whom the employer does not deal at arm’s length, capital gains of the trust for the year from the disposition of property and amounts that would, but for paragraph a of section 657 and section 657.1, be the income of the trust for the year, other than a taxable capital gain from the disposition of property, from any source other than a business.

1982, c. 5, s. 19; 2009, c. 5, s. 46.

47.9. Notwithstanding section 47.7, an employee trust does not include a profit sharing plan, a deferred profit sharing plan or a plan the registration of which is revoked under subsection 14 or 14.1 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1982, c. 5, s. 19; 1991, c. 25, s. 11.

DIVISION V.2 SALARY DEFERRAL ARRANGEMENTS

1988, c. 18, s. 5.

47.10. An individual shall, in computing the income of the individual for a taxation year, include an amount equal to the amount by which the aggregate of all amounts received by any person as benefits, other than amounts received by or from a trust governed by a salary deferral arrangement, in the year out of or under a salary deferral arrangement in respect of the individual exceeds the amount by which

(a)  the aggregate of all deferred amounts under the arrangement that were included under section 37 as benefits in computing the individual’s income for preceding taxation years exceeds

(b)  the aggregate of all deferred amounts received by any person in preceding taxation years out of or under the arrangement, and all deferred amounts under the arrangement that were deducted under section 78.2 in computing the individual’s income for the year or preceding taxation years.

1988, c. 18, s. 5; 1998, c. 16, s. 61.

47.11. Where at the end of a taxation year any person has a right under a salary deferral arrangement in respect of an individual to receive a deferred amount, an amount equal to the deferred amount is deemed, for the purposes only of section 37, to have been received by the individual as a benefit in the year, to the extent that the amount was not otherwise included in computing the individual’s income for the year or any preceding taxation year.

1988, c. 18, s. 5.

47.12. Where at the end of a taxation year any person has a right under a salary deferral arrangement, other than a trust governed by a salary deferral arrangement, in respect of an individual to receive a deferred amount, an amount equal to any interest or other additional amount that accrued to, or for the benefit of, that person to the end of the year in respect of the deferred amount is deemed at the end of the year, for the purposes only of section 47.11, to be a deferred amount that the person has a right to receive under the arrangement.

1988, c. 18, s. 5; 1998, c. 16, s. 62.

47.13. Section 47.11 does not apply in respect of a deferred amount under a salary deferral arrangement in respect of an individual that was established primarily for the benefit of one or more employees not resident in Canada in respect of services to be rendered in a country other than Canada, to the extent that the deferred amount

(a)  was in respect of services rendered by an employee who was not resident in Canada at the time the services were rendered, or was resident in Canada for a period, in this section referred to as an “excluded period”, of not more than 36 of the 72 months preceding the time the services were rendered and was an employee to whom the arrangement applied before the employee became resident in Canada; and

(b)  cannot reasonably be regarded as being in respect of services rendered or to be rendered during a period, other than an excluded period, when the employee was resident in Canada.

1988, c. 18, s. 5; 1997, c. 14, s. 20; 1998, c. 16, s. 63.

47.14. For the purposes of this Part, other than this section, where deferred amounts under a salary deferral arrangement in respect of an individual, in this section referred to as “that arrangement”, are required to be included as benefits under section 37 in computing the individual’s income and that arrangement is part of a plan or arrangement, in this section referred to as “the plan”, under which amounts or benefits not related to the deferred amounts are payable or provided, the following rules apply:

(a)  that arrangement is deemed to be a separate arrangement independent of other parts of the plan of which it is a part;

(b)  where any person has a right to a deferred amount under that arrangement, an amount received by the person as a benefit at any time out of or under the plan is deemed to have been received out of or under that arrangement except to the extent that it exceeds the amount by which

i.  the aggregate of all deferred amounts under that arrangement that were included under section 37 as benefits in computing the individual’s income for taxation years ending before that time exceeds

ii.  the aggregate of all deferred amounts received by any person before that time out of or under the plan that were deemed by this paragraph to have been received out of or under that arrangement, and all deferred amounts under that arrangement that were deducted under section 78.2 in computing the individual’s income for the year or a preceding taxation year.

1988, c. 18, s. 5; 1998, c. 16, s. 64.

47.15. For the purposes of this division, a salary deferral arrangement in respect of an individual means a plan or arrangement, whether funded or not, under which any person has a right in a taxation year to receive an amount after the end of the year where it is reasonable to consider that one of the main purposes for the creation or existence of the right is to postpone tax payable under this Part by the individual in respect of an amount that is, or is on account or in lieu of, salary or wages of the individual for services rendered by the individual in the year or a preceding taxation year.

The right referred to in the first paragraph includes a right that is subject to one or more conditions unless there is a substantial risk that any one of those conditions will not be satisfied.

1988, c. 18, s. 5; 1998, c. 16, s. 65.

47.16. For the purposes of section 47.15, a salary deferral arrangement does not include

(a)  a registered pension plan,

(b)  a disability or income maintenance insurance plan under a policy with an insurance corporation,

(c)  a deferred profit sharing plan,

(d)  a profit sharing plan,

(e)  an employee trust,

(f)  a group sickness or accident insurance plan,

(g)  a supplementary unemployment benefit plan,

(h)  a trust described in paragraph m of section 998,

(i)  a plan or arrangement the sole purpose of which is to provide education or training for employees of an employer to improve their work or work-related skills and abilities,

(j)  a plan or arrangement established for the purpose of deferring the salary or wages of a professional athlete for the services of the athlete as such with a team that participates in a league having regularly scheduled games,

(k)  a plan or arrangement under which an individual has a right to receive a bonus or similar payment in respect of services rendered by the individual in a taxation year to be paid within three years following the end of the year, or

(l)  a prescribed plan or arrangement.

1988, c. 18, s. 5; 1991, c. 25, s. 12; 1997, c. 3, s. 71; 1998, c. 16, s. 66.

47.17. For the purposes of this division, a deferred amount at the end of a taxation year under a salary deferral arrangement in respect of an individual means

(a)  in the case of a trust governed by the arrangement, any amount that a person has a right under the arrangement at the end of the year to receive after the end of the year where the amount has been received, is receivable or may at any time become receivable by the trust as salary or wages of the individual for services rendered in the year or a preceding taxation year;

(b)  in the case where no trust is governed by the arrangement, any amount that a person has a right under the arrangement at the end of the year to receive after the end of the year.

The right referred to in the first paragraph includes a right that is subject to one or more conditions unless there is a substantial risk that any one of those conditions will not be satisfied.

1988, c. 18, s. 5.

DIVISION VI AGREEMENT TO ISSUE SECURITIES TO EMPLOYEES

1972, c. 23; 2001, c. 53, s. 13.

47.18. In this division and in section 259.0.1,

“qualifying person” means a corporation or a mutual fund trust;

“security” of a qualifying person means

(a)  if the qualifying person is a corporation, a share of the capital stock of the corporation; and

(b)  if the qualifying person is a mutual fund trust, a unit of the trust.

2001, c. 53, s. 14; 2003, c. 2, s. 15; 2009, c. 15, s. 41.

48. This division applies where a particular qualifying person agrees to sell or issue one of its securities or a security of a qualifying person with which it does not deal at arm’s length to one of its employees or to an employee of a qualifying person with which it does not deal at arm’s length.

1972, c. 23, s. 42; 1987, c. 67, s. 9; 1988, c. 4, s. 21; 1992, c. 1, s. 15; 1997, c. 3, s. 71; 2001, c. 53, s. 15.

49. Subject to sections 49.2 and 58.0.1, an employee who acquires a security under the agreement referred to in section 48 is deemed to receive because of the employee’s office or employment, in the taxation year in which the employee acquires the security, a benefit equal to the amount by which the value of the security at the time the employee acquires it exceeds the aggregate of the amount paid or to be paid to the qualifying person by the employee for the security and the amount paid by the employee to acquire the right to acquire the security.

1972, c. 23, s. 43; 1986, c. 15, s. 40; 1988, c. 4, s. 22; 1992, c. 1, s. 15; 1993, c. 16, s. 28; 1997, c. 3, s. 71; 1998, c. 16, s. 67; 2001, c. 53, s. 15; 2003, c. 2, s. 16.

49.1. (Repealed).

1986, c. 15, s. 40; 1987, c. 67, s. 10; 1988, c. 4, s. 22; 1992, c. 1, s. 16.

49.2. Where section 49 applies in respect of a security that is a share of the capital stock of a corporation, it shall be read with the words “in which the employee acquires the security” replaced by the words “in which the employee disposes of or exchanges the security” where

(a)  the agreement contemplated in section 48 is made with a particular Canadian-controlled private corporation that has agreed to sell or issue a share of its capital stock or of the capital stock of a Canadian-controlled private corporation with which it is not dealing at arm’s length, to one of its employees or to an employee of a Canadian-controlled private corporation with which it does not deal at arm’s length;

(b)  the share is acquired by an employee who, at the time immediately after the agreement was made, was dealing at arm’s length with the particular corporation, the Canadian-controlled private corporation, the share of the capital stock of which has been agreed to be sold or issued by the particular corporation, and the Canadian-controlled private corporation that is the employer of the employee.

1986, c. 15, s. 40; 1987, c. 67, s. 11; 1988, c. 4, s. 22; 1992, c. 1, s. 17; 1997, c. 3, s. 18; 1998, c. 16, s. 68; 2001, c. 53, s. 16.

49.2.1. For the purposes of this division, a mutual fund trust is deemed not to deal at arm’s length with a corporation only if the trust controls the corporation.

2001, c. 53, s. 17.

49.2.2. For the purposes of this section, sections 49.2 and 58.0.1, Title IV, sections 725.2.2 and 725.2.3, paragraph a of section 725.3 and section 888.1, and subject to section 49.2.3 and paragraph c of section 58.0.5, a taxpayer is deemed to dispose of securities that are identical properties in the order in which the taxpayer acquired them and the following rules apply for that purpose:

(a)  where a taxpayer acquires a particular security, other than under the circumstances to which section 49.2, 58.0.1 or 886 applies, at a time when the taxpayer also acquires or holds one or more other securities that are identical to the particular security and are, or were, acquired under circumstances to which any of those sections applied, the taxpayer is deemed to have acquired the particular security at the time immediately preceding the earliest of the times at which the taxpayer acquired those other securities; and

(b)  where a taxpayer acquires, at the same time, two or more identical securities under the circumstances to which section 49.2 or 58.0.1 applied, the taxpayer is deemed to have acquired the securities in the order in which the agreements under which the taxpayer acquired the rights to acquire the securities were made.

2003, c. 2, s. 17.

49.2.3. Where a taxpayer acquires, at a particular time, a particular security under an agreement referred to in section 48 and, on a day that is no later than 30 days after the day that includes the particular time, the taxpayer disposes of a security that is identical to the particular security, the particular security is deemed to be the security that is so disposed of if

(a)  no other securities that are identical to the particular security are acquired, or disposed of, by the taxpayer after the particular time and before the disposition;

(b)  after 19 December 2006, the taxpayer identifies, in accordance with subsection 1.31 of section 7 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the particular security as the security so disposed of; and

(c)  the particular security has not been identified under subparagraph b by the taxpayer in relation to the disposition of another security.

Chapter V.2 of Title II of Book I applies in relation to an identification made under subsection 1.31 of section 7 of the Income Tax Act or in relation to an identification made under this section before 20 December 2006.

2003, c. 2, s. 17; 2009, c. 5, s. 47.

49.3. (Repealed).

1986, c. 15, s. 40; 1987, c. 67, s. 12.

49.4. For the purposes of this division, the rules provided for in the fourth paragraph apply where a taxpayer disposes of rights under an agreement referred to in section 48 to acquire securities of the particular qualifying person that made the agreement or of a qualifying person with which the particular qualifying person does not deal at arm’s length, which rights and securities are referred to in this section as the “exchanged option” and the “old securities”, respectively, and where

(a)  the taxpayer receives no consideration for the disposition of the exchanged option other than rights under an agreement with any of the following persons to acquire securities of any such person or of a qualifying person with which any such person does not deal at arm’s length, which rights and securities are referred to in this section as the “new option” and the “new securities”, respectively:

i.  the particular qualifying person,

ii.  a qualifying person with which the particular qualifying person does not deal at arm’s length immediately after the disposition of the exchanged option,

iii.  a corporation formed on the amalgamation or merger of the particular qualifying person and one or more other corporations,

iv.  a qualifying person with which the corporation referred to in subparagraph iii does not deal at arm’s length immediately after the disposition of the exchanged option,

v.  a mutual fund trust to which the particular qualifying person has transferred property in circumstances to which Title I.2 of Book VI applied, or

vi.  if the disposition occurs before 1 January 2013 and each of the old securities were an investment in a SIFT wind-up entity that was at the time of the disposition a mutual fund trust, a SIFT wind-up corporation in respect of the SIFT wind-up entity; and

(b)  the amount by which the total value of the new securities immediately after the disposition exceeds the amount determined under the second paragraph does not exceed the amount by which the total value of the old securities immediately before the disposition exceeds the amount determined under the third paragraph.

The first amount to which subparagraph b of the first paragraph refers is equal to the total amount payable by the taxpayer to acquire the new securities under the new option.

The second amount to which subparagraph b of the first paragraph refers is equal to the amount payable by the taxpayer to acquire the old securities under the exchanged option.

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

(a)  the taxpayer is deemed, except for the purposes of subparagraph ii of paragraph d of section 58.0.2, not to have disposed of the exchanged option and not to have acquired the new option;

(b)  the new option is deemed to be the same option as, and a continuation of, the exchanged option; and

(c)  the person described in any of subparagraphs ii to v of subparagraph a of the first paragraph is deemed to be the same person as, and a continuation of, the particular qualifying person.

1986, c. 19, s. 8; 1989, c. 77, s. 12; 1993, c. 16, s. 29; 1997, c. 3, s. 71; 2001, c. 53, s. 18; 2003, c. 2, s. 18; 2010, c. 25, s. 10.

49.5. For the purposes of this division and sections 725.2, 725.2.2 and 725.3, where a taxpayer disposes of or exchanges securities of a particular qualifying person that were acquired by the taxpayer under circumstances to which section  49.2 or 58.0.1 applied, in this section referred to as the “exchanged securities”, the taxpayer receives no consideration for the disposition or exchange of the exchanged securities other than securities, in this section referred to as the “new securities” of any of the persons described in the second paragraph, and the total value of the new securities immediately after the disposition or exchange does not exceed the total value of the exchanged securities immediately before the disposition or exchange, the following rules apply:

(a)  the taxpayer is deemed not to have exchanged or disposed of the exchanged securities and not to have acquired the new securities;

(b)  the new securities are deemed to be the same securities as, and a continuation of, the exchanged securities, except for the purpose of determining if the new securities are identical to any other securities;

(c)  the qualifying person that issued the new securities is deemed to be the same person as, and a continuation of, the qualifying person that issued the exchanged securities; and

(d)  where the exchanged securities were issued under an agreement, the new securities are deemed to have been issued under that agreement.

The persons to which the first paragraph refers are the following:

(a)  the particular qualifying person;

(b)  a qualifying person with which the particular qualifying person does not deal at arm’s length immediately after the disposition or exchange of the exchanged securities;

(c)  a corporation formed on the amalgamation or merger of the particular qualifying person and one or more other corporations;

(d)  a qualifying person with which the corporation referred to in subparagraph c does not deal at arm’s length immediately after the disposition or exchange of the exchanged securities, and

(e)  a mutual fund trust to which the particular qualifying person has transferred property in circumstances to which Title I.2 of Book VI applied.

1986, c. 19, s. 8; 1987, c. 67, s. 13; 1992, c. 1, s. 18; 1993, c. 16, s. 30; 1995, c. 49, s. 29; 1997, c. 3, s. 71; 2003, c. 2, s. 19.

49.6. For the purposes of this division and section 725.3, a taxpayer is deemed not to have disposed of a share acquired under circumstances to which section 49.2 applied solely because of section 785.2.

2003, c. 2, s. 20.

49.7. For the purposes of sections 50 and 725.2, where a taxpayer receives at a particular time one or more particular amounts in respect of rights of the taxpayer to acquire securities under an agreement referred to in section 48 ceasing to be exercisable in accordance with the terms of the agreement, and the cessation would not, but for this section, constitute a transfer or disposition of those rights by the taxpayer, the following rules apply:

(a)  the taxpayer is deemed to have disposed of those rights at the particular time to a person with whom the taxpayer was dealing at arm’s length and to have received the particular amounts as consideration for the disposition; and

(b)  for the purpose of determining the amount, if any, of the benefit that the taxpayer is deemed by section 50 to have received as a consequence of the disposition referred to in paragraph a, the taxpayer is deemed to have paid an amount to acquire those rights equal to the amount by which the amount paid by the taxpayer to acquire those rights, determined without reference to this section, exceeds the aggregate of all amounts each of which is an amount received by the taxpayer before the particular time in respect of the cessation.

2003, c. 2, s. 20.

50. An employee who transfers or disposes of rights under the agreement referred to in section 48 in respect of securities to a person with whom the employee is dealing at arm’s length, is deemed to receive because of the employee’s office or employment, in the taxation year in which the employee makes the transfer or disposition, a benefit equal to the amount by which the value of the consideration for the transfer or disposition exceeds the amount paid by the employee to acquire those rights.

1972, c. 23, s. 44; 1993, c. 16, s. 31; 1998, c. 16, s. 69; 2001, c. 53, s. 19.

51. If rights of the employee under the agreement referred to in section 48 have, by one or more transactions between persons not dealing at arm’s length, become vested in a person who exercises the employee’s right to acquire a security under the agreement, the employee is deemed, subject to the second paragraph, to receive because of the employee’s office or employment, in the taxation year in which the person acquired the security, a benefit equal to the amount by which the value of the security at the time that person acquired it exceeds the aggregate of the amount paid or to be paid to the qualifying person by the person for the security and the amount paid by the employee to acquire the right to acquire the security.

Where the employee was deceased at the time the person acquired the security, the benefit is deemed to have been received by the person, in the taxation year in which the person acquired the security, as income from the duties of an office or employment performed by the person in that year in the country in which the employee primarily performed the duties of the employee’s office or employment.

1972, c. 23, s. 45; 1993, c. 16, s. 31; 1997, c. 3, s. 71; 1998, c. 16, s. 70; 2001, c. 53, s. 19.

52. If rights of the employee under the agreement referred to in section 48 have, by one or more transactions between persons not dealing at arm’s length, become vested in a particular person who transfers or disposes of the rights to another person with whom the particular person is dealing at arm’s length, the employee is deemed, subject to the second paragraph, to receive because of the employee’s office or employment, in the taxation year in which the particular person made the transfer or disposition, a benefit equal to the amount by which the value of the consideration for the transfer or disposition exceeds the amount paid by the employee to acquire those rights.

Where the employee was deceased at the time the other person acquired the employee’s rights, the benefit is deemed to have been received by the particular person, in the taxation year in which the particular person transferred or disposed of the employee’s rights, as income from the duties of an office or employment performed by the particular person in that year in the country in which the employee primarily performed the duties of the employee’s office or employment.

1972, c. 23, s. 46; 1993, c. 16, s. 31; 1998, c. 16, s. 71.

52.1. Where an employee has died and, immediately before the death, the employee owned a right to acquire a security under the agreement referred to in section 48, the employee is deemed to have received because of the employee’s office or employment, in the taxation year in which the employee died, a benefit equal to the amount by which the value of the right immediately after the death exceeds the amount paid by the employee to acquire the right, and sections 50 to 52 do not apply.

1993, c. 16, s. 32; 1998, c. 16, s. 72; 2001, c. 53, s. 20.

53. If a security is held by a trustee, in any manner whatever, for an employee, the employee is deemed, for the purposes of this division and sections 725.2, 725.2.2 and 725.3, to acquire the security at the time the trustee begins so to hold it and to exchange or dispose of the security at the time the trustee exchanges it or disposes of it to any person other than the employee.

1972, c. 23, s. 47; 1987, c. 67, s. 14; 1998, c. 16, s. 72; 2001, c. 53, s. 21; 2003, c. 2, s. 21.

54. If a particular qualifying person has agreed to sell or issue one of its securities, or a security of a qualifying person with which it does not deal at arm’s length, to one of its employees or to an employee of the qualifying person with which it does not deal at arm’s length, the employee is deemed to receive no benefit under or because of the agreement other than as provided in this division.

1972, c. 23, s. 48; 2001, c. 53, s. 21.

55. If a particular qualifying person has agreed to sell or issue one of its securities, or a security of a qualifying person with which it does not deal at arm’s length, to one of its employees or to an employee of the qualifying person with which it does not deal at arm’s length, the income for a taxation year of any person is deemed to be not less than it would have been for the year if no benefit had been conferred on the employee by the sale or issue of the security.

1972, c. 23, s. 49; 1986, c. 19, s. 9; 1997, c. 3, s. 71; 2001, c. 53, s. 21.

56. Where a person to whom sections 48 to 52.1 would otherwise apply ceases to be an employee before all conditions have been fulfilled that would make such sections applicable, those sections apply as though the person were still an employee and as though the office or employment were still in existence.

1972, c. 23, s. 50; 2001, c. 53, s. 21.

57. This division does not apply where the benefit conferred under the agreement contemplated in section 48 was not received by reason of the office or employment.

1972, c. 23, s. 51.

58. For the purposes of this division, except section 53, and of sections 725.2, 725.2.2 and 725.3, if a particular qualifying person has entered into an arrangement under which one of its securities, or a security of a qualifying person with which it does not deal at arm’s length, is sold or issued by either person to a trustee to be held by the trustee in trust for sale to an employee of the particular qualifying person or of a qualifying person with which it does not deal at arm’s length, the following rules apply:

(a)  any particular right of the employee under the arrangement in respect of the security is deemed to be a right under a particular agreement referred to in section 48;

(b)  any security acquired under the arrangement by the employee or by a person in whom the particular right has become vested is deemed to be a security acquired under the particular agreement referred to in section 48; and

(c)  any amount paid or agreed to be paid to the trustee for any security acquired under the arrangement by the employee or by a person in whom the particular right has become vested is deemed to be an amount paid or agreed to be paid to the particular qualifying person for a security acquired under the particular agreement referred to in section 48.

However, section 53 does not apply to the case contemplated by this section.

1972, c. 23, s. 52; 1993, c. 16, s. 33; 1997, c. 3, s. 71; 1997, c. 14, s. 21; 2001, c. 53, s. 22; 2003, c. 2, s. 22.

58.0.1. Where a particular qualifying person, other than a Canadian-controlled private corporation, has agreed to sell or issue securities of the particular qualifying person, or of a qualifying person with which it does not deal at arm’s length, to a taxpayer who is an employee of the particular qualifying person or of a qualifying person with which the particular qualifying person does not deal at arm’s length, section 49, where it applies in respect of the taxpayer’s acquisition of a security under the agreement, shall be read as if the reference therein to “in which the employee acquires the security” were a reference to “in which the employee disposes of or exchanges the security” if

(a)  the acquisition is a qualifying acquisition; and

(b)  the taxpayer makes a valid election for the purposes of subsection 8 of section 7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the acquisition.

2003, c. 2, s. 23.

58.0.2. For the purposes of section 58.0.1, a taxpayer’s acquisition of a security under an agreement made by a particular qualifying person is a qualifying acquisition if

(a)  the acquisition occurs after 27 February 2000;

(b)  the taxpayer would, but for section 58.0.1, be entitled to deduct an amount under section 725.2 in respect of the security in computing taxable income for the taxation year in which the security is acquired;

(c)  where the particular qualifying person is a corporation, the taxpayer was not, at the time immediately after the agreement was made, a person who would, if the references in section 21.17 to “in a taxation year” and “at any time in the year” were read as references to “at any time” and “at that time”, respectively, be a specified shareholder of any of

i.  the particular qualifying person,

ii.  any qualifying person that, at that time, was an employer of the taxpayer and was not dealing at arm’s length with the particular qualifying person, and

iii.  the qualifying person of which the taxpayer had, under the agreement, a right to acquire a security; and

(d)  where the security is a share, it is of a class of shares that, at the time the acquisition occurs, is listed on a designated stock exchange and, where rights under the agreement were acquired by the taxpayer as a result of one or more dispositions to which section 49.4 applied, none of the rights that were the subject of any of the dispositions included a right to acquire a share of the class of shares that, at the time the rights were disposed of, was not listed on

i.  a stock exchange referred to in section 21.11.20R1 of the preceding regulation, within the meaning of section 2000R1 of the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), if the disposition occurred before 26 November 1999,

ii.  a Canadian stock exchange or a foreign stock exchange, if the disposition occurred after 25 November 1999 and before 14 December 2007, or

iii.  a designated stock exchange, if the disposition occurred after 13 December 2007.

2003, c. 2, s. 23; 2009, c. 15, s. 42; 2010, c. 5, s. 18.

58.0.3. Unless the context otherwise requires, a taxpayer is deemed to exercise identical rights to acquire securities under agreements referred to in section 48

(a)  where the taxpayer has designated an order for the purposes of paragraph a of subsection 12 of section 7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in the order so designated; and

(b)  in any other case, in the order in which those rights first became exercisable and, in the case of identical rights that first became exercisable at the same time, in the order in which the agreements under which those rights were acquired were made.

2003, c. 2, s. 23.

58.0.4. For the purposes of this division, except for this section, a valid election referred to in paragraph b of section 58.0.1 is deemed never to have been made if, before 16 January of the year following the year in which the taxpayer’s acquisition of a security occurs, the taxpayer files, in accordance with subsection 13 of section 7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), with the person with whom the election was filed a written revocation of the election.

2003, c. 2, s. 23.

58.0.5. For the purposes of this division and section 725.2, where a taxpayer makes the election referred to in section 58.0.1 in respect of the taxpayer’s acquisition of a particular security and section 58.0.1 would not apply to the acquisition if this division were read without reference to this section, the following rules apply if the Minister so notifies the taxpayer in writing:

(a)  the acquisition is deemed, for the purposes of section 58.0.1, to be a qualifying acquisition;

(b)  the taxpayer is deemed to have made a valid election referred to in paragraph b of section 58.0.1; and

(c)  if, at the time the Minister sends the notice, the taxpayer has not disposed of the security, the taxpayer is deemed, other than for the purposes of section 49.5, to have disposed of the security at that time and to have acquired the security immediately after that time other than under an agreement referred to in section 48.

2003, c. 2, s. 23.

58.0.6. For the purposes of section 1015, the benefit that a taxpayer is deemed to have received in a taxation year because of the taxpayer’s office or employment under section 49, by reason of the application of section 58.0.1, is deemed to be nil.

2003, c. 2, s. 23.

58.0.7. Where, at any time in a taxation year, a taxpayer holds a security that was acquired under the circumstances to which section 58.0.1 applied, the taxpayer shall enclose with the fiscal return the taxpayer is required to file for the year under section 1000, or would be required to so file if tax were payable by the taxpayer under this Part, a copy of every document sent to the Minister of National Revenue under subsection 16 of section 7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2003, c. 2, s. 23.

DIVISION VII

Repealed, 2007, c. 12, s. 25.

1985, c. 25, s. 21; 2007, c. 12, s. 25.

58.1. (Repealed).

1985, c. 25, s. 21; 1998, c. 16, s. 73; 2007, c. 12, s. 25.

DIVISION VIII GOODS AND SERVICES TAX OR QUÉBEC SALES TAX REBATE

1991, c. 25, s. 13; 1992, c. 1, s. 19.

58.2. Where an amount in respect of a particular outlay or particular expense is deducted under Chapter III in computing the income of a taxpayer for a taxation year from an office or employment, or an amount is included in the capital cost to the taxpayer of a particular property described in section 64 or 78.4, and a particular amount is paid to the taxpayer in a particular taxation year as a rebate under the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of any goods and services tax included in the amount of the particular outlay or particular expense or the capital cost of the particular property, as the case may be, the particular amount,

(a)  to the extent that it relates to the particular outlay or particular expense, shall be included in computing the taxpayer’s income from an office or employment for the particular year; and

(b)  to the extent that it relates to the capital cost of the particular property, is deemed, for the purposes of section 101, to have been received by the taxpayer in the particular year as assistance from a government for the acquisition of the particular property.

1991, c. 25, s. 13; 2004, c. 8, s. 14.

58.3. Where an amount in respect of a particular outlay or particular expense is deducted under Chapter III in computing the income of a taxpayer for a taxation year from an office or employment, or an amount is included in the capital cost to the taxpayer of a particular property described in section 64 or 78.4, and a particular amount is paid to the taxpayer in a particular taxation year as a rebate under the Act respecting the Québec sales tax (chapter T-0.1) in respect of any Québec sales tax included in the amount of the particular outlay or particular expense or the capital cost of the particular property, as the case may be, the particular amount,

(a)  to the extent that it relates to the particular outlay or particular expense, shall be included in computing the taxpayer’s income from an office or employment for the particular year; and

(b)  to the extent that it relates to the capital cost of the particular property, is deemed, for the purposes of section 101, to have been received by the taxpayer in the particular year as assistance from a government for the acquisition of the particular property.

1992, c. 1, s. 20; 1997, c. 14, s. 22; 2004, c. 8, s. 15.

CHAPTER III DEDUCTIONS

1972, c. 23.

DIVISION I RULES OF APPLICATION

1972, c. 23.

59. An individual shall not, in computing the income of the individual for a taxation year from an office or employment, deduct any amount except as provided in this chapter and only to the extent that such amount may reasonably be regarded as applicable to that office or employment.

1972, c. 23, s. 53; 1998, c. 16, s. 74.

59.1. For the purposes of this Title, other than sections 32 and 33 and Division VI of Chapter II, the amount of any rebate paid or payable to a taxpayer under the Act respecting the Québec sales tax (chapter T-0.1) in respect of the Québec sales tax or under the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of the goods and services tax is deemed not to be an amount that is reimbursed to the taxpayer or to which the taxpayer is entitled.

1991, c. 25, s. 14; 1992, c. 1, s. 21; 1997, c. 14, s. 23.

DIVISION II

Repealed, 1993, c. 64, s. 19.

1993, c. 64, s. 19.

60. (Repealed).

1972, c. 23, s. 54; 1975, c. 22, s. 5; 1983, c. 44, s. 17; 1986, c. 15, s. 41; 1993, c. 64, s. 19.

61. (Repealed).

1972, c. 23, s. 55; 1983, c. 44, s. 18; 1986, c. 15, s. 42; 1993, c. 64, s. 19.

DIVISION III SALESMEN’S EXPENSES AND TRAVEL EXPENSES

1972, c. 23; 1997, c. 85, s. 45.

62. (1)  An individual whose office or employment is connected with the selling of property or negotiating of contracts for the individual’s employer may, in accordance with this division, deduct the amounts expended by the individual in the year to earn the income from the office or employment, if the individual is required, under the contract of employment, to pay the individual’s own expenses, if the individual is required to carry on all or part of the duties of the office or employment away from the employer’s place of business, and if the individual is remunerated in whole or in part by commissions or other similar amounts fixed by reference to the volume of the sales made or the contracts negotiated.

(2)  An individual shall not claim a deduction under this section if the individual receives an allowance for travel expenses that is not required to be included in computing the individual’s income under paragraph a of section 40.

(3)  The deduction under this section must not exceed the sum of the commissions and other similar amounts, fixed by reference to the volume of the sales made or the contracts negotiated, that the individual receives in the year, and shall only be made to the extent to which the amounts expended are not

(a)  outlays, losses or replacements of capital or payments on account of capital, except amounts described in section 64,

(b)  outlays or expenses that, under section 134, would not be deductible in computing the individual’s income for the year if the office or employment were a business carried on by the individual, or

(c)  amounts the payment of which reduced the amount that would otherwise be included in computing the individual’s income for the year under section 41.

1972, c. 23, s. 56; 1977, c. 26, s. 4; 1983, c. 49, s. 11; 1993, c. 16, s. 34; 1997, c. 85, s. 46.

62.0.1. (Repealed).

1993, c. 64, s. 20; 1998, c. 16, s. 75; 2005, c. 38, s. 57.

62.1. Notwithstanding section 62, no amount may be deducted in computing an individual’s income for a taxation year from an office or employment in respect of any part, in this section and sections 62.2 and 62.3 referred to as the “work space”, of the self-contained domestic establishment in which the individual resides, except to the extent that the work space is either

(a)  the place where the individual principally performs the duties of the office or employment, or

(b)  used

i.  exclusively during the period in respect of which the amount relates for the purposes of earning income from the office or employment, and

ii.  on a regular and continuous basis for meeting customers or other persons in the ordinary course of performing the duties of the office or employment.

1993, c. 16, s. 35.

62.2. Where the conditions set out in paragraph a or b of section 62.1 are met in respect of the work space described in that section, the amount in respect of the work space that may be deducted in computing the individual’s income for a taxation year from the office or employment shall not exceed the individual’s income for the year from the office or employment, computed without reference to any deduction in respect of the work space.

1993, c. 16, s. 35.

62.3. Any amount in respect of a work space that was, by reason only of section 62.2, not deductible in computing the individual’s income for the preceding taxation year from an office or employment is deemed to be an amount in respect of a work space that is otherwise deductible and that, subject to section 62.2, may be deducted in computing the individual’s income for the taxation year from the office or employment.

1993, c. 16, s. 35.

63. An individual may deduct amounts expended by the individual in the year, other than motor vehicle expenses, for travelling in the course of the individual’s office or employment, if the individual is required to perform all or part of the duties of the office or employment away from the employer’s place of business or in different places and is required under the contract of employment to pay the travel expenses incurred by the individual in the performance of the duties of the office or employment.

An individual shall not claim any deduction under this section if the individual receives an allowance for travel expenses that is not required to be included in computing the individual’s income for the year because of paragraph e of section 39 or paragraph a or b of section 40, or if the individual claims a deduction for the year under section 62, 65.1, 66 or 67.

1972, c. 23, s. 57; 1977, c. 26, s. 5; 1979, c. 18, s. 5; 1983, c. 49, s. 12; 1993, c. 16, s. 36; 1997, c. 85, s. 47; 1998, c. 16, s. 76.

63.1. An individual may deduct amounts expended by the individual in the year in respect of motor vehicle expenses incurred for travelling in the course of the individual’s duties, if the individual is required to carry on all or part of the duties away from the place of business of the individual’s employer or in different places and is required under the contract of employment to pay the motor vehicle expenses incurred by the individual in the performance of the individual’s duties.

An individual shall not claim any deduction under this section if the individual receives an allowance for the use of a motor vehicle that is not required to be included in computing the individual’s income for the year because of section 39 or 40, or if the individual claims a deduction for the year under section 62.

1993, c. 16, s. 37; 1998, c. 16, s. 77.

64. An individual who is entitled, in the year, to a deduction under section 62, 63 or 63.1 may also deduct any interest paid by the individual in the year on borrowed money used for the purpose of purchasing, or an amount payable for the purchase of, a motor vehicle that is used by the individual in the performance of the individual’s duties, and such part of the capital cost of such a motor vehicle as is allowed by regulation.

The individual may also deduct any interest paid by the individual in the year on borrowed money used for the purpose of purchasing an aircraft that is required for use in the performance of the individual’s duties, and such part of the capital cost of the aircraft as is allowed by regulation.

1972, c. 23, s. 58; 1978, c. 26, s. 7; 1982, c. 5, s. 20; 1984, c. 35, s. 9; 1990, c. 59, s. 40; 1993, c. 16, s. 38; 1998, c. 16, s. 77.

64.1. (Repealed).

1978, c. 26, s. 8; 1979, c. 38, s. 4; 1984, c. 35, s. 10; 1990, c. 59, s. 41.

64.2. Notwithstanding any other provision of this Act, an individual who uses an aircraft that is owned or rented by the individual for travelling in the course of the individual’s duties shall not deduct the aggregate of the amounts that would otherwise be deductible pursuant to section 62, 63 or 64, in respect of the aircraft, except to the extent that such aggregate is reasonable in the circumstances having regard to the cost and availability of other modes of transportation.

1982, c. 5, s. 21; 1998, c. 16, s. 78.

64.3. No amount may be deducted for the year by an individual under any of sections 62, 63 and 63.1, unless the individual files with the Minister, together with the individual’s fiscal return for the year under this Part, a prescribed form signed by the individual’s employer certifying that the conditions set out in that section were met in the year in respect of the individual.

1990, c. 59, s. 42; 1993, c. 16, s. 39; 1998, c. 16, s. 78; 2003, c. 2, s. 24.

65. An individual shall not, in computing a deduction under section 62 or 63, deduct an amount expended for a meal unless the meal is consumed during a period while the individual was required by the individual’s duties to be away, for not less than 12 hours, from the local municipal territory or the metropolitan area, as the case may be, where the employer’s establishment to which the individual ordinarily reports for work is located.

Despite the first paragraph, an individual may, in computing a deduction under section 62, deduct an amount expended for a meal if it is consumed with a client.

1972, c. 23, s. 59; 1995, c. 63, s. 261; 1998, c. 16, s. 79; 2009, c. 15, s. 43.

65.1. An individual who regularly collects or delivers goods for the individual’s employer by means of vehicles that are used by the employer to transport goods away from the local municipal territory or the metropolitan area, as the case may be, where the employer’s establishment to which the individual ordinarily reports for work is located, may deduct the amounts disbursed by the individual in the year for meals and lodging while the individual is required by the individual’s duties to be away for not less than 12 consecutive hours from that territory or metropolitan area or to go to a place located at least 80 kilometres from that territory or metropolitan area, to the extent that the individual is not reimbursed and is not entitled to be reimbursed in respect thereof.

1979, c. 18, s. 6; 1995, c. 63, s. 261; 1998, c. 16, s. 79.

66. Where an individual is an employee of a person whose principal business is transport and the individual’s duties require the individual, regularly, to travel away from the local municipal territory or the metropolitan area, as the case may be, where the employer’s establishment to which the individual ordinarily reports for work is located, on vehicles used by the employer for transport, the individual may deduct the amounts disbursed by the individual in the year for meals and lodging while the individual is so away from that territory or metropolitan area, to the extent that the individual is not reimbursed and is not entitled to be reimbursed in respect thereof.

1972, c. 23, s. 60; 1973, c. 17, s. 9; 1995, c. 63, s. 261; 1998, c. 16, s. 79; 2004, c. 21, s. 47.

67. An individual who is an employee of a railway company may deduct the amounts disbursed by the individual in the year for meals and lodging while performing, away from the individual’s ordinary place of residence, the duties of a relieving telegrapher or station agent or of a maintenance and repair worker.

There may also be deducted any such amounts disbursed by the individual while

(a)  away from the local municipal territory and, as the case may be, the metropolitan area where the individual’s home terminal is located; and

(b)  at a location from which, by reason of distance from the place where the individual maintains a self-contained domestic establishment in which the individual resides and actually supports a spouse or a person dependent on the individual for support and connected with the individual by blood relationship, marriage or adoption, the individual cannot reasonably be expected to return daily to that place.

The amounts contemplated in this section are deductible to the extent that the individual is not reimbursed and is not entitled to be reimbursed in respect thereof.

1972, c. 23, s. 61; 1989, c. 77, s. 13; 1995, c. 63, s. 261; 1998, c. 16, s. 80; 2004, c. 21, s. 48.

DIVISION IV

Repealed, 1997, c. 14, s. 24.

1991, c. 25, s. 176; 1997, c. 14, s. 24.

68. (Repealed).

1972, c. 23, s. 62; 1978, c. 26, s. 9; 1979, c. 38, s. 5; 1986, c. 89, s. 50; 1987, c. 67, s. 15; 1988, c. 4, s. 23; 1992, c. 65, s. 43; 1994, c. 14, s. 34; 1997, c. 14, s. 24.

69. (Repealed).

1972, c. 23, s. 63; 1972, c. 26, s. 40; 1978, c. 26, s. 10; 1987, c. 67, s. 16; 1988, c. 4, s. 24; 1990, c. 59, s. 43; 1997, c. 14, s. 24.

DIVISION V PENSION, RETIREMENT AND EMPLOYMENT INSURANCE PLANS

1972, c. 23; 1997, c. 14, s. 290.

70. An individual may deduct any amount:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  deductible by him, in respect of a contribution to a registered pension plan, in computing his income for the year to the extent provided in section 965.0.3.

1972, c. 23, s. 64; 1991, c. 25, s. 15; 1993, c. 15, s. 93; 1993, c. 64, s. 21; 1993, c. 64, s. 247.

70.1. An individual may deduct the amount that is deductible in computing his income for the year by reason of section 864.

1995, c. 49, s. 30.

70.2. An individual may deduct an amount contributed by him in the year to a pension plan in respect of services rendered by him where the plan is a prescribed plan or where

(a)  the plan is a retirement compensation arrangement;

(b)  the amount was paid to a custodian, within the meaning of subparagraph b of the first paragraph of section 890.1, of the arrangement who is resident in Canada; and

(c)  either

i.  the individual was required, by the terms of the individual’s office or employment, to contribute the amount, and the aggregate of the amounts contributed to the plan in the year by him does not exceed the aggregate of the amounts contributed to the plan in the year by any other person in respect of the individual, or

ii.  the plan is a pension plan the registration of which was revoked under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), other than a plan the registration of which was revoked as of the effective date of its registration, and the amount was contributed in accordance with the terms of the plan as last registered.

1997, c. 14, s. 25.

71. (Repealed).

1972, c. 23, s. 65; 1976, c. 18, s. 1; 1979, c. 38, s. 6; 1991, c. 25, s. 16.

72. (Repealed).

1972, c. 23, s. 66; 1976, c. 18, s. 2; 1979, c. 38, s. 7; 1991, c. 25, s. 16.

72.1. (Repealed).

1988, c. 4, s. 25; 1991, c. 25, s. 16.

73. (Repealed).

1972, c. 23, s. 67; 1991, c. 25, s. 16.

74. (Repealed).

1972, c. 23, s. 68; 1991, c. 25, s. 16.

74.1. (Repealed).

1986, c. 15, s. 43; 1991, c. 25, s. 16.

74.2. For the application of paragraph c of section 70 and section 71 to the taxation year 1986, such part as a taxpayer designates in his fiscal return for that year of the aggregate of all amounts contributed by the taxpayer after 31 December 1985 and before 9 October 1986 as additional voluntary contributions is deemed to have been contributed in respect of services rendered by the taxpayer before 1 January 1986.

1991, c. 25, s. 17.

75. An individual who may deduct the salary paid to another person under section 78, may also deduct any amount payable by him in the year in respect of the salary of such person as an employer’s premium under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) or under the Act respecting parental insurance (chapter A-29.011), or as an employer’s contribution under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of the Act respecting the Québec Pension Plan or under the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

1975, c. 21, s. 2; 1979, c. 18, s. 7; 1993, c. 15, s. 94; 1993, c. 64, s. 248; 1997, c. 14, s. 290; 1999, c. 89, s. 53; 2005, c. 38, s. 58.

DIVISION V.1 PROFESSIONAL OR MALPRACTICE LIABILITY INSURANCE

1997, c. 14, s. 26.

75.1. An individual may deduct an amount paid by him in the year as professional or malpractice liability insurance if the payment was necessary to maintain a professional status recognized by statute.

1997, c. 14, s. 26.

DIVISION V.2 TRADESPERSONS AND APPRENTICE MECHANICS

2004, c. 8, s. 16; 2007, c. 12, s. 26.

75.2. In this division,

“eligible apprentice mechanic”, at any time in a taxation year, means an individual who, at that time,

(a)  is registered in a program established in accordance with the laws of Canada or of a province that leads to designation under those laws as a mechanic licensed to repair self-propelled motorized vehicles; and

(b)  is employed as an apprentice mechanic;

“eligible tool” of an individual means a tool, including ancillary equipment, that

(a)  is acquired by the individual for use in connection with the individual’s employment as an eligible apprentice mechanic or as a tradesperson;

(b)  has not been used for any purpose before it is acquired by the individual;

(c)  is certified in a prescribed form signed by the individual’s employer to be required to be provided by the individual as a condition of, and for use in, the individual’s employment as an eligible apprentice mechanic or as a tradesperson; and

(d)  is, unless the device or equipment can be used only for the purpose of measuring, locating or calculating, not an electronic communication device or electronic data processing equipment.

For the purposes of paragraph a of the definition of “eligible apprentice mechanic” in the first paragraph, an individual is considered to be registered in a program established in accordance with the laws of a province that leads to designation under those laws as a mechanic licensed to repair self-propelled motorized vehicles if the individual holds an apprenticeship card issued by a parity committee of the automobile industry formed pursuant to the laws of a province, to obtain from that committee designation as a mechanic licensed to repair self-propelled motorized vehicles.

2004, c. 8, s. 16; 2007, c. 12, s. 27.

75.2.1. An individual who is employed as a tradesperson, at any time in the year, may deduct an amount not exceeding the lesser of $500 and the amount determined by the formula

A − B.

In the formula in the first paragraph,

(a)  A is the lesser of

i.  the aggregate of all amounts each of which is the cost to the individual of an eligible tool acquired by the individual after 1 May 2006 and in the year, and

ii.  the aggregate of

(1)  the amount that would be the individual’s income for the year from employment as a tradesperson if this chapter were read without reference to this division, and

(2)  the amount, if any, by which the amount included in computing the individual’s income for the year under paragraph i of section 312 exceeds the amount deducted in computing the individual’s income for the year under paragraph d.3.0.1 of section 336; and

(b)  B is an amount of $1,000.

An individual may deduct an amount for the year under the first paragraph only if the individual sends the Minister the prescribed form referred to in paragraph c of the definition of “eligible tool” in the first paragraph of section 75.2 with the fiscal return the individual is required to file for the year under this Part.

2007, c. 12, s. 28.

75.3. An individual who is an eligible apprentice mechanic at any time in the year after 31 December 2001 may deduct an amount not exceeding the lesser of

(a)  the individual’s income for the year computed without reference to this section; and

(b)  the amount determined by the formula

(A − B) + C.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the cost to the individual of an eligible tool acquired in the year by the individual or, if the individual first becomes employed as an eligible apprentice mechanic in the year, the cost to the individual of an eligible tool acquired by the individual in the last three months of the preceding taxation year;

(b)  B is the lesser of

i.  the aggregate determined for the year under subparagraph a in respect of the individual, and

ii.  the greater of

(1)  the total of $500 and the amount determined for the year for B in the formula in the first paragraph of section 75.2.1, and

(2)  5% of the amount determined under the third paragraph; and

(c)  C is the amount by which the amount determined under subparagraph b of the first paragraph for the preceding taxation year in respect of the individual exceeds the amount deducted under this section for that preceding taxation year by the individual.

The amount to which subparagraph 2 of subparagraph ii of subparagraph b of the second paragraph refers is equal to the aggregate of

(a)  the aggregate of all amounts each of which is the individual’s income for the year from employment as an eligible apprentice mechanic, computed without reference to this section; and

(b)  the amount, if any, by which the amount included in computing the individual’s income for the year under paragraph i of section 312 exceeds the amount deducted in computing the individual’s income for the year under paragraph d.3.0.1 of section 336.

No amount may be deducted for the year by an individual under the first paragraph, unless the individual files with the Minister, together with the individual’s fiscal return for the year under this Part, the prescribed form referred to in paragraph c of the definition of “eligible tool” in the first paragraph of section 75.2.

2004, c. 8, s. 16; 2007, c. 12, s. 29.

75.4. An individual who, at any time in the year, is not an eligible apprentice mechanic and has an excess amount determined under subparagraph c of the second paragraph of section 75.3 is, for that year, entitled to deduct an amount under section 75.3 as if that excess amount were wholly applicable to an employment of the individual.

2004, c. 8, s. 16.

75.5. Except for the purposes of subparagraph i of subparagraph a of the second paragraph of section 75.2.1 and subparagraph a of the second paragraph of section 75.3, the cost to an individual of an eligible tool the cost of which was included in computing the aggregate determined under either of those provisions in respect of the individual for a taxation year is equal to the amount determined by the formula

A − (A × B / C).

In the formula provided for in the first paragraph,

(a)  A is the cost to the individual of the eligible tool, computed without reference to this section;

(b)  B is

i.  if the tool is an eligible tool in respect of which only section 75.2.1 applies for the year, the amount that is deductible by the individual for the year under that section,

ii.  if the tool is an eligible tool in respect of which only section 75.3 applies for the year, the amount that would be determined under subparagraph b of the first paragraph of section 75.3 in respect of the individual for the year if the excess amount determined under subparagraph c of the second paragraph of that section were nil, and

iii.  if the tool is an eligible tool in respect of which sections 75.2.1 and 75.3 apply for the year, the aggregate of

(1)  the amount that is deductible by the individual for the year under section 75.2.1, and

(2)  the amount that would be determined under subparagraph b of the first paragraph of section 75.3 in respect of the individual for the year if the excess amount determined under subparagraph c of the second paragraph of that section were nil; and

(c)  C is

i.  if the tool is an eligible tool in respect of which only section 75.2.1 applies for the year, the aggregate determined under subparagraph i of subparagraph a of the second paragraph of that section in respect of the individual for the year,

ii.  if the tool is an eligible tool in respect of which only section 75.3 applies for the year, the aggregate determined under subparagraph a of the second paragraph of that section in respect of the individual for the year, and

iii.  if the tool is an eligible tool in respect of which sections 75.2.1 and 75.3 apply for the year, the greater of the aggregate determined under subparagraph i of subparagraph a of the second paragraph of section 75.2.1 in respect of the individual for the year and the aggregate determined under subparagraph a of the second paragraph of section 75.3 in respect of the individual for the year.

2004, c. 8, s. 16; 2007, c. 12, s. 30.

75.6. (Repealed).

2007, c. 12, s. 31; 2009, c. 5, s. 48; 2009, c. 15, s. 45.

DIVISION VI MISCELLANEOUS

1972, c. 23.

76. An individual who, in the year, is a member of the clergy or of a religious order or a regular minister of a religious denomination, and is in charge of or ministering to a diocese, parish or congregation or engaged exclusively in full-time administrative service by appointment of a religious order or religious denomination, may deduct the amount, not exceeding the individual’s remuneration for the year from the office or employment, equal to

(a)  the aggregate of all amounts including amounts in respect of utilities, included in computing the individual’s income for the year under Chapter II in relation to the residence or other living accommodation occupied by the individual because of the individual’s office or employment; or

(b)  an amount, not exceeding the amount determined under the second paragraph, that is equal to the total of the rent and expenses in respect of utilities paid by the individual for the individual’s principal place of residence or for another principal living accommodation ordinarily occupied during the year by the individual, or the fair rental value of such a residence or living accommodation, including the value of utilities, owned by the individual or the individual’s spouse, to the extent that the individual is required to use that place of residence or other living accommodation in performing the duties of the individual’s office or employment.

The amount to which subparagraph b of the first paragraph refers is the lesser of

(a)  the greater of

i.  $1,000 multiplied by the number of months in the year during which the individual is a member or a minister referred to in the first paragraph, not exceeding $10,000, and

ii.  one-third of the individual’s remuneration for the year from the office or employment; and

(b)  the amount by which the total of the rent paid or the fair rental value of the residence or living accommodation and expenses in respect of utilities exceeds the aggregate of all amounts each of which is an amount deducted, in respect of the residence or accommodation, in computing a particular individual’s income from an office or employment or from a business, other than an amount deducted under the first paragraph by the individual, to the extent that the amount can reasonably be considered to relate to the period, or a portion of the period, in respect of which the individual deducted an amount under the first paragraph.

No amount may be deducted for the year by an individual under the first paragraph, unless the individual files with the Minister, together with the individual’s fiscal return for the year under this Part, a prescribed form signed by the individual’s employer certifying that the conditions set out in that paragraph were met in the year in respect of the individual.

1972, c. 23, s. 69; 2003, c. 2, s. 25; 2007, c. 12, s. 32.

76.1. (Repealed).

1985, c. 25, s. 22; 2007, c. 12, s. 33.

77. In computing income for a taxation year from an office or employment, an individual may deduct judicial or extrajudicial expenses paid by the individual in the year to collect, or to establish a right to, an amount owed to the individual that, if received by the individual, would be required by this Title to be included in computing the individual’s income.

1972, c. 23, s. 71; 1991, c. 25, s. 18; 2000, c. 39, s. 6; 2009, c. 15, s. 47.

77.1. If, in a taxation year, an employee is deemed by reason of section 53 to have disposed of a security, as defined in section 47.18, held by a trust, the trust disposed of the security to the person that issued the security, the disposition occurred as a result of the employee not meeting the conditions necessary for title to the security to vest in the employee, and the amount paid by the person to acquire the security from the trust or to redeem or cancel the security did not exceed the amount paid to the person for the security, the following rules apply:

(a)  there may be deducted in computing the employee’s income for the year from an office or employment the amount by which the amount of the benefit deemed by section 49 to have been received by the employee in the year or a preceding taxation year in respect of the security exceeds any amount deducted under section 725.2 or 725.3 in computing the employee’s taxable income for the year or a preceding taxation year in respect of that benefit; and

(b)  notwithstanding any other provision of this Part, any gain or loss of the employee otherwise determined from the disposition of the security is deemed to be nil, and Division I of Chapter III of Title IX does not apply to deem a dividend to have been received in respect of the disposition.

1993, c. 16, s. 40; 1997, c. 3, s. 71; 2001, c. 53, s. 23; 2010, c. 25, s. 11.

78. An individual may deduct any amount he pays in the year, to the extent that he is not reimbursed for it and is not entitled to be, as office rent or salary to an assistant or substitute or for supplies consumed directly in the performance of his duties if the contract of employment requires him to pay such amounts and, as the case may be, furnish such supplies.

Notwithstanding the foregoing, no such amounts may be deducted for the year by the individual unless he submits to the Minister, with his fiscal return for the year under this Part, a prescribed form signed by his employer certifying that the conditions set out in the first paragraph were met in the year in respect of the individual.

The rules set forth in sections 62.1 to 62.3 apply, with the necessary modifications, for the purpose of computing the amount that may be deducted by an individual under this section in respect of any part, in those sections referred to as the “work space”, of a self-contained domestic establishment in which the individual resides.

1972, c. 23, s. 72; 1990, c. 59, s. 44; 1993, c. 16, s. 41; 1995, c. 63, s. 261; 2003, c. 2, s. 26.

78.1. An individual may deduct an amount paid by or on behalf of the individual in the year pursuant to an arrangement, other than an arrangement described in paragraph b of the definition of “top-up disability payment” in the first paragraph of section 43.0.2, under which the individual is required to reimburse any amount paid to the individual for a period throughout which the individual did not perform the duties of the individual’s office or employment, to the extent that the amount so paid to the individual for the period was included in computing the individual’s income from an office or employment.

Notwithstanding the foregoing, the individual shall not deduct that part of amounts so reimbursed which exceeds the aggregate of amounts received by him for such a period.

1984, c. 15, s. 16; 1999, c. 83, s. 29; 2000, c. 5, s. 24; 2005, c. 23, s. 38.

78.1.1. An individual may deduct the amount determined in respect of the individual for the year under the second paragraph where, as a consequence of the receipt of an amount, in this section referred to as the “deferred amount”, from an insurer, an amount is reimbursed by or on behalf of the individual to an employer or former employer of the individual pursuant to an arrangement described in paragraph b of the definition of “top-up disability payment” in the first paragraph of section 43.0.2, and the reimbursement is made

(a)  in the year, other than within the first 60 days of the year if the deferred amount was received in the preceding taxation year; or

(b)  within 60 days after the end of the year, if the deferred amount was received in the year.

The amount to which the first paragraph refers in respect of an individual for the year is the lesser of

(a)  the amount included under section 43 in respect of the deferred amount in computing the individual’s income for any taxation year; and

(b)  the amount of the reimbursement referred to in the first paragraph in respect of the individual for the year.

2000, c. 5, s. 25.

78.2. An individual may deduct the amount determined under section 78.3 where at the end of the year the rights of any person to receive benefits under a salary deferral arrangement in respect of the individual have been extinguished or no person has any further right to receive any amount under the arrangement.

1988, c. 18, s. 6.

78.3. The amount referred to in section 78.2 is equal to the amount by which the aggregate of all deferred amounts under the arrangement included in computing the individual’s income for the year and preceding taxation years as benefits under section 37 exceeds the aggregate of

(a)  all such deferred amounts received by any person in that year or preceding taxation years out of or under the arrangement,

(b)  all such deferred amounts receivable by any person in subsequent taxation years out of or under the arrangement, and

(c)  all amounts deducted under section 78.2 in computing the individual’s income for preceding taxation years in respect of deferred amounts under the arrangement.

1988, c. 18, s. 6.

78.4. An individual who is employed in the year as a musician and, as a term of the employment, is required to provide a musical instrument for a period in the year may deduct an amount not exceeding his income for the year from the employment, computed without reference to this section, equal to the aggregate of

(a)  amounts disbursed by him before the end of the year for the maintenance, rental and insurance of the instrument for that period, except where the amounts are otherwise deducted in computing his income for any taxation year, and

(b)  such part of the capital cost of the musical instrument as is allowed by regulation.

1990, c. 59, s. 45.

78.5. (Repealed).

1993, c. 64, s. 22; 1997, c. 14, s. 27; 2005, c. 38, s. 59.

78.6. Where the amount contemplated in section 43.2 for a taxation year in respect of an individual in relation to a multi-employer insurance plan exceeds the amount established for the year in accordance with the second paragraph of section 43.3 in respect of the individual in relation to that plan, the individual may deduct the excess amount in computing his income for the year.

1993, c. 64, s. 22; 1995, c. 63, s. 261.

78.7. (Repealed).

1997, c. 85, s. 48; 2003, c. 2, s. 27.

78.8. (Repealed).

2001, c. 51, s. 20; 2003, c. 2, s. 28; 2005, c. 38, s. 60.

78.9. (Repealed).

2001, c. 51, s. 20; 2003, c. 2, s. 29; 2005, c. 38, s. 60.

79. An individual may deduct an amount not exceeding $250 in respect of all his employments as a teacher, paid by him in the year to a fund established by the Canadian Education Association for the benefit of teachers from Commonwealth countries present in Canada under a teacher’s exchange arrangement.

1972, c. 23, s. 73.

79.0.1. (Repealed).

1986, c. 15, s. 44; 1995, c. 1, s. 20.

79.0.2. (Repealed).

1986, c. 15, s. 44; 1995, c. 1, s. 20.

79.0.3. (Repealed).

1986, c. 15, s. 44; 1995, c. 1, s. 20.

79.1. (Repealed).

1982, c. 5, s. 22; 1983, c. 44, s. 19; 1986, c. 15, s. 45; 1993, c. 16, s. 42; 1995, c. 1, s. 20.

79.1.1. (Repealed).

1986, c. 15, s. 45; 1995, c. 1, s. 20.

79.2. (Repealed).

1982, c. 5, s. 22; 1983, c. 44, s. 19; 1993, c. 16, s. 43; 1995, c. 1, s. 20.

79.3. (Repealed).

1982, c. 5, s. 22; 1983, c. 44, s. 19; 1993, c. 16, s. 44; 1995, c. 1, s. 20.

TITLE III INCOME OR LOSS FROM A BUSINESS OR PROPERTY

1972, c. 23.

CHAPTER I BASIC RULES

1972, c. 23.

80. Subject to this Part, a taxpayer’s income from a business or property is his profit therefrom.

The income a taxpayer must include under this Title in computing his income for a taxation year from businesses or property is his income therefrom for that year, unless this Title provides otherwise.

1972, c. 23, s. 74.

81. A taxpayer’s loss for a taxation year from a business or property is the amount of such loss computed, with the necessary modifications, by applying the provisions of this Part respecting computation of income from that source.

1972, c. 23, s. 75; 1995, c. 63, s. 25.

82. For the purposes of this Part, income or loss from a property does not include, respectively, any capital gain or any capital loss resulting from the disposition of the property.

1972, c. 23, s. 76; 1985, c. 25, s. 23; 1987, c. 67, s. 17.

83. For the purpose of computing a taxpayer’s income for a taxation year from a business that is not an adventure or concern in the nature of trade, property described in an inventory shall be valued at the end of the year at the cost at which the taxpayer acquired the property or its fair market value at the end of the year, whichever is lower, or in a prescribed manner.

1972, c. 23, s. 77; 1975, c. 22, s. 6; 1980, c. 13, s. 5; 2000, c. 5, s. 26.

83.0.1. For the purpose of computing a taxpayer’s income from a business that is an adventure or concern in the nature of trade, property described in an inventory shall be valued at the cost at which the taxpayer acquired the property.

2000, c. 5, s. 27.

83.0.2. Where, at the end of a taxpayer’s taxation year that is the last year in which property described in an inventory of a business that is an adventure or concern in the nature of trade was valued in accordance with section 83, the property was valued at an amount that is less than the cost at which the taxpayer acquired the property, after that time the cost to the taxpayer at which the property was acquired is, subject to section 83.0.3, deemed to be equal to that amount.

2000, c. 5, s. 27.

83.0.3. Notwithstanding section 83.0.1, property described in an inventory of a corporation’s business that is an adventure or concern in the nature of trade at the end of the corporation’s taxation year that ends immediately before the time at which control of the corporation is acquired by a person or group of persons shall be valued at the cost at which the corporation acquired the property, or its fair market value at the end of the year, whichever is lower, and, after that time, the cost at which the corporation acquired the property is deemed to be equal to that lower amount.

2000, c. 5, s. 27.

83.0.4. Where at a particular time a taxpayer not resident in Canada ceases to use, in relation to a business or part of a business carried on by the taxpayer in Canada immediately before that time, a property that was immediately before that time described in the inventory of the business or the part of the business, other than a property that was disposed of by the taxpayer at that time, the following rules apply:

(a)  the taxpayer is deemed to have disposed of the property immediately before that time for proceeds of disposition equal to its fair market value at that time; and

(b)  the taxpayer is deemed to have received those proceeds immediately before that time in the course of carrying on the business or the part of the business.

2004, c. 8, s. 17.

83.0.5. Where at a particular time a property becomes described in the inventory of a business or part of a business that a taxpayer not resident in Canada carries on in Canada after that time, other than a property that was, otherwise than because of this section, acquired by the taxpayer at that time, the taxpayer is deemed to have acquired the property at that time at a cost equal to its fair market value at that time.

2004, c. 8, s. 17.

83.0.6. For the purposes of sections 83.0.4 and 83.0.5, property that is described in the inventory of a business includes property that would be so described if section 215 did not apply.

2004, c. 8, s. 17.

83.1. For the purposes of sections 83, 83.0.1 and 83.0.3, where land is described in an inventory of a business of a taxpayer, the cost at which the taxpayer acquired the land shall include each amount that

(a)  is the amount of an expense referred to in the first paragraph of section 164, in respect of the land and for which no deduction is permitted to the taxpayer, or to another person or partnership that is

i.  a person or partnership with whom or with which the taxpayer does not deal at arm’s length,

ii.  if the taxpayer is a corporation, a person or partnership that is a specified shareholder of the taxpayer, or

iii.  if the taxpayer is a partnership, a person or partnership whose share of any income or loss of the taxpayer is 10% or more; and

(b)  is not included in or added to the cost to that other person or partnership of any property otherwise than because of paragraph e.1 of section 255 or subparagraph xi of paragraph i of that section.

1990, c. 59, s. 46; 1993, c. 16, s. 45; 1997, c. 3, s. 71; 2000, c. 5, s. 28.

84. Notwithstanding section 83, for the purpose of computing income for a taxation year from a business, the taxpayer shall value the property described in his inventory at the commencement of the year at the same amount as that at which it was valued at the end of the preceding year for the purpose of computing income for that preceding year.

1972, c. 23, s. 78.

84.1. Where property described in an inventory of a taxpayer’s business that is not an adventure or concern in the nature of trade is valued at the end of a taxation year in accordance with a method permitted under sections 83 to 85.6, that method shall, subject to section 85.5, be used in the valuation of property described in the inventory of that business at the end of the following taxation year for the purpose of computing the taxpayer’s income from the business unless the taxpayer, with the concurrence of the Minister and on any terms and conditions that are specified by the Minister, adopts another method permitted under those sections.

1993, c. 16, s. 46; 2000, c. 5, s. 29.

85. Where, according to the method adopted by the taxpayer for computing income from a business for a taxation year, the property described in his inventory at the commencement of that year has not been valued as required by section 83, such property is nevertheless deemed to have been valued in that manner, if the Minister so directs.

1972, c. 23, s. 79.

85.1. For the purposes of section 83, the fair market value of the property described in the inventory of a taxpayer means, in the case of work in progress at the end of a taxation year of a business that is a profession, the amount that can reasonably be expected to become receivable in respect thereof after the end of the year and, in other cases, the replacement cost of the property.

1982, c. 5, s. 23; 1984, c. 15, s. 17.

85.2. Section 85.1 does not apply to property that is obsolete, damaged or defective or that is held for sale or lease or for the purpose of being processed, fabricated, manufactured, incorporated into, attached to, or otherwise converted into property for sale or lease.

1982, c. 5, s. 23.

85.3. Without restricting the generality of this chapter,

(a)  property, other than capital property, of a taxpayer that is work in progress of a business that is a profession, advertising or packaging material, parts or supplies must be included in his inventory;

(b)  property used primarily for the purposes of advertising or packaging property that is included in the inventory of a taxpayer shall be deemed not to be property held for sale or lease or for any of the purposes referred to in section 85.2; and

(c)  property of a taxpayer, the cost to him of which was deductible by virtue of paragraph n of section 157 must be included in his inventory having a cost to him, except for the purposes of that paragraph, of nil.

1982, c. 5, s. 23; 1984, c. 15, s. 18; 1986, c. 15, s. 46; 1997, c. 14, s. 28.

85.3.1. Without restricting the generality of this Title, for the purposes of computing the income of a taxpayer derived for a taxation year from a metal recycling business, the cost of a property owned by the taxpayer as is described in the inventory of the business is deemed to be nil, unless the taxpayer,

(a)  where the property is acquired by the taxpayer from a person or a partnership who or which is registered for the purposes of the Québec sales tax, obtains from that person or partnership, at the time of the acquisition, the registration number that is assigned to the person or partnership in accordance with the Act respecting the Québec sales tax (chapter T-0.1); or

(b)  in any other case, fills out, at the time of the acquisition of the property, a document signed by the individual who delivers the property to the taxpayer and containing the information required by section 85.3.2 in relation to the acquisition.

2000, c. 39, s. 7; 2001, c. 51, s. 21.

85.3.2. For the purposes of paragraph b of section 85.3.1, the information that must be included in the document filled out by the taxpayer is the following:

(a)  the name, address, date of birth and Social Insurance Number of the individual who delivers the property to the taxpayer to whom that paragraph b refers;

(b)  the description of the goods acquired, the purchase price and the method of payment;

(c)  if the individual who delivers the property to the taxpayer is not the vendor of the property, the name and address of the vendor and the vendor’s Social Insurance Number or, as the case may be, the vendor’s business number assigned under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

The individual referred to in subparagraph a of the first paragraph shall produce one of the following supporting documents to confirm the individual’s name, address and Social Insurance Number, and the document containing that information must specify the supporting document so produced:

(a)  the individual’s health insurance card issued by the Régie de l’assurance maladie du Québec;

(b)  the individual’s birth certificate;

(c)  the individual’s driver’s licence issued by the Société de l’assurance automobile du Québec;

(d)  the registration certificate of the vehicle used for the transportation of the property that is issued by the Société de l’assurance automobile du Québec.

2001, c. 51, s. 22; 2005, c. 14, s. 51.

85.4. For the purposes of sections 83 to 85.6, the expression “artistic endeavour” of an individual means the business of creating paintings, prints, etchings, drawings, sculptures or similar works of art, where such works of art are created by the individual, but does not include a business of reproducing works of art.

1987, c. 67, s. 18.

85.5. Despite section 83, for the purpose of computing the income of an individual other than a trust for a taxation year from an artistic endeavour, the value of the property in the individual’s inventory for the year is deemed to be nil if the individual makes, in relation to the year, a valid election under subsection 6 of section 10 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the artistic endeavour.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 10 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1987, c. 67, s. 18; 2009, c. 5, s. 49.

85.6. If the value of the property in an individual’s inventory in relation to an artistic endeavour is deemed to be nil for a taxation year because of an election referred to in the first paragraph of section 85.5 made in relation to that year, the value of the property in the individual’s inventory in relation to the artistic endeavour is deemed to be nil for each subsequent taxation year, unless the taxation year is a year in relation to which a revocation, made by the individual under subsection 7 of section 10 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006, of an election made under subsection 6 of section 10 of that Act in respect of the artistic endeavour, is valid.

Any condition determined by the Minister of National Revenue for the revocation referred to in the first paragraph applies, with the necessary modifications, in computing the income from the artistic endeavour.

Chapter V.2 of Title II of Book I applies in relation to a revocation made under subsection 7 of section 10 of the Income Tax Act or in relation to a revocation made under this section before 20 December 2006.

1987, c. 67, s. 18; 2009, c. 5, s. 49.

86. (1)  Subject to sections 217.2 to 217.17, where an individual is a proprietor of a business, the individual’s income from the business for a taxation year is deemed to be the individual’s income from the business for the fiscal periods of the business that end in the year.

(2)  Where an individual’s income for a taxation year includes income from a business the fiscal period of which does not coincide with the calendar year, any reference in respect of the business to the taxation year or the year shall, in this Title and in sections 487 to 487.0.4, be read as a reference to the fiscal period ending in the year, unless the context otherwise requires.

1972, c. 23, s. 80; 1991, c. 25, s. 19; 1995, c. 49, s. 31; 1997, c. 31, s. 10; 2000, c. 5, s. 293.

CHAPTER II INCLUSIONS

1972, c. 23.

DIVISION I SPECIFIC AMOUNTS

1972, c. 23.

87. A taxpayer shall include in computing his income from a business or property for a taxation year,

(a)  any amount he receives in the year in the course of a business, even if such amount

i.  is paid him for services not rendered or goods not delivered before the end of the year, or may be regarded as not having been earned in the year or a previous year, or

ii.  is, under an arrangement or understanding, repayable in whole or in part on the return or resale to the taxpayer of articles in or by means of which goods were delivered to a customer;

(b)  any amount receivable in respect of property sold or services rendered in the course of a business in the year, even if that amount or any part thereof is not due until a subsequent year, unless the method adopted for computing his income from the business and accepted for the purposes of this Part does not require him to include, in computing his income for a taxation year, an amount not received in the year and, for the purposes of this paragraph, an amount is deemed to have become receivable in respect of services rendered in the course of a business on a day that is the earlier of the day upon which the account in respect of the services was rendered and the day upon which that account would have been rendered had there been no undue delay;

(c)  subject to sections 92 and 92.1.1, any amount received or receivable by the taxpayer in the year as interest, depending on the method regularly followed by the taxpayer in computing the taxpayer’s income, to the extent that the interest was not included in computing the taxpayer’s income for a preceding taxation year;

(d)  any amount deducted under section 140 as a reserve in computing his income for the preceding taxation year;

(d.1)  any amount deducted under section 140.2 as a reserve in computing his income for the preceding taxation year;

(e)  any amount deducted in computing his income from a business for the preceding year

i.  under section 150, including any amount substituted under section 151,

ii.  under sections 150.1 and 152, or

iii.  under section 153;

(e.1)  where the taxpayer is an insurer, any amount prescribed in respect of the insurer for the year;

(f)  any amount received or receivable under an insurance policy or otherwise, as compensation for damage to his depreciable property, that he expends for repair of the damage within the year and within a reasonable time after the damage;

(g)  any amount received by the taxpayer in the year and established in respect of the use of or production from property, even if that amount is an instalment of the sale price of such property, but not including an instalment of the sale price of agricultural land;

(g.1)  any proceeds of disposition in respect of which section 158.6 applies;

(h)  any amount deducted as an allowance for the quadrennial or special inspection of a vessel under section 154 in computing his income for the previous year;

(i)  any amount, other than an amount referred to in paragraph i.1, received in the year on account of a debt or a loan or lending asset in respect of which a deduction for bad debts or uncollectible loans or lending assets had been made in computing his income for a preceding taxation year;

(i.1)  that proportion of 1/2 of the amount received in the year on account of a debt in respect of which a deduction for a bad debt under section 142.1 had been made in computing the taxpayer’s income for a preceding taxation year that the amount deducted under that section in respect of that debt is of the aggregate of the amount so deducted and the amount deemed under section 142.1 or 142.2 to be an allowable capital loss in respect of that debt;

(j)  any amount received by him in the year out of or under an employee trust or a profit sharing plan established for the benefit of employees of the taxpayer or of a person with whom the taxpayer does not deal at arm’s length;

(j.1)  the amount by which the aggregate of amounts received by him in the year out of or under an employee benefit plan to which he has contributed as an employer, other than amounts included in computing his income by virtue of paragraph n, exceeds the amount by which the aggregate of all amounts so contributed by him to the plan, or included in computing his income for any preceding taxation year by virtue of this paragraph, exceeds the aggregate of all amounts deducted by him in respect of his contributions to the plan in computing his income for the year or any preceding taxation year, or received by him out of or under the plan in any preceding taxation year, other than amounts included in computing his income by virtue of paragraph n;

(j.2)  any amount in respect of deferred amounts under a salary deferral arrangement in respect of another person, that was deductible under section 78.2 in computing the income of that other person for a taxation year ending in the year where the deferred amounts have been deducted under paragraph p of section 157 in computing the taxpayer’s income for preceding taxation years;

(j.3)  any amount he must include in computing his income for the year under section 890.11;

(k)  any amount he must include in computing his income for the year under Title IX in respect of a dividend paid by a corporation resident in Canada on a share of its capital stock;

(l)  any amount he must include in computing his income for the year under Title X in respect of a dividend paid by a corporation not resident in Canada on a share of its capital stock or in respect of a share he owns of the capital stock of his foreign affiliate;

(m)  any amount that is, under Title XI, income from a business or property of the taxpayer;

(n)  any amount he must include in computing his income for the year under Title XII or section 1121.1, except

i.  any amount deemed to be a taxable capital gain of the taxpayer under that Title, and

ii.  any amount paid or payable to the taxpayer out of or under an RCA trust within the meaning assigned by section 890.1;

(o)  any amount received by the taxpayer in the year as a stabilization payment, or as a refund of a levy, under the Western Grain Stabilization Act (R.S.C. 1985, c. W-7) or as a payment, or a refund of a premium, in respect of the gross revenue insurance program established under the Farm Income Protection Act (S.C. 1991, c. 22);

(p)  any prescribed amount deducted by him for the year as employment tax credit;

(q)  any amount that, in respect of a property described in his inventory, at the end of the year, is an allowance in respect of depreciation, obsolescence or depletion included in the cost amount of that property to him at the end of the year;

(r)  the aggregate of all amounts each of which is the maximum amount that an insurer may claim in the year in respect of a reserve for a reinsurance commission for a policy as allowed by regulations made under the second paragraph of section 152 in respect of a risk the reinsurance of which is assumed by the taxpayer;

(s)  the amount of any grant received by him in the year under a prescribed program relating to home insulation or energy conversion in respect of a property used by him principally for the purpose of gaining or producing income from a business or property;

(t)  the amount by which the aggregate of amounts determined at the end of the year in respect of him under section 225 exceeds the aggregate of amounts determined at that time in respect of him under sections 222 to 224;

(u)  the prescribed amount deducted in respect of a property acquired or an expenditure made in a preceding taxation year in computing the taxpayer’s tax payable for a preceding taxation year under the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), to the extent that such amount was not included in computing his income for a preceding taxation year under this paragraph or is not included in an amount determined under subparagraph f of the second paragraph of section 93, section 101 or 225, subparagraph vi of paragraph l of section 257, subparagraph ii of paragraph n of section 257 or paragraph g of section 399;

(v)  (paragraph repealed);

(w)  any particular amount, other than a prescribed amount, received by the taxpayer in the year, in the course of earning income from a business or property, from a government, municipality or other public authority, a person or partnership in this paragraph referred to as the “particular person”, who pays the particular amount in the course of earning income from a business or property, or in order to achieve a benefit for the particular person or for persons with whom the particular person does not deal at arm’s length, or in circumstances where it is reasonable to conclude that the particular person would not have paid the particular amount but for the receipt by the particular person of amounts from another particular person referred to in this paragraph or a government, municipality or public authority, where the particular amount can reasonably be considered to have been received as a refund, reimbursement, contribution or allowance or as assistance, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of assistance, in respect of an amount included in, or deducted as, the cost of property or in respect of an outlay or expense, or as an inducement, whether as a grant, subsidy, forgivable loan, deduction from tax, allowance or any other form of inducement, to the extent that the particular amount

i.  was not otherwise included in computing the taxpayer’s income, or deducted in computing, for the purposes of this Part, any balance of undeducted outlays, expenses or other amounts, for the year or a preceding taxation year,

ii.  except as provided by any provision of Title III.3 of Book V or of Chapter III.1 of Title III of Book IX, does not reduce, for the purposes of this Part, the cost or capital cost of the property or the amount of the outlay or expense, as the case may be,

iii.  does not reduce, pursuant to paragraph f.2 of section 257 or section 87.4 or 101.6, the cost or capital cost of the property or the amount of the outlay or expense, as the case may be,

iv.  may not reasonably be considered to be a payment made in respect of the acquisition by the particular person or the public authority of an interest in the taxpayer or the taxpayer’s business or property, or

v.  is not an amount received by the taxpayer in respect of a restrictive covenant, within the meaning assigned by section 333.4, that was included under section 333.5 in computing the income of a person related to the taxpayer;

(w.1)  where the year ends after 31 December 2006, any amount, other than an amount otherwise included in computing the taxpayer’s income for the year or a preceding taxation year, that was received by the taxpayer, including by way of a deduction from tax, in the year as a refund, reimbursement, contribution or allowance, in respect of an amount that was at any time receivable, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or of a province, other than Québec, in relation to the acquisition, development or ownership of a Canadian resource property or the production in Canada from a mineral resource, a natural accumulation of petroleum or natural gas, or an oil or gas well, except that, where the year includes 31 December 2006,

i.  this paragraph shall be read with “the proportion that the number of days in the year that follow that date is of the number of days in the year, of” inserted before “any amount, other than an amount” in the portion before this subparagraph, and

ii.  this paragraph shall not be taken into account for the purposes of the regulations made under paragraph z.4 or section 145 or 360;

(x)  an amount that, where the taxpayer is an individual who is a member of a partnership or an employee of a member of a partnership and the partnership makes an automobile available in the year to the taxpayer or to a person related to the taxpayer, would be included, by reason of section 41, in computing the taxpayer’s income for the year if the taxpayer were employed by the partnership;

(y)  any amount in respect of an amateur athlete trust required by section 851.35 to be included in computing his income for the year;

(z)  any amount received by the taxpayer in the year as a beneficiary under an environmental trust, whether or not the amount is included because of section 692.1 in computing the taxpayer’s income for any taxation year;

(z.1)  the consideration received by the taxpayer in the year for the disposition to another person or partnership of all or part of the taxpayer’s interest as a beneficiary under an environmental trust, other than consideration that is the assumption of a reclamation obligation in respect of the trust;

(z.2)  any amount required because of section 485.13 to be included in computing the taxpayer’s income for the year;

(z.3)  any amount required because of section 979.21 to be included in computing the taxpayer’s income for the year;

(z.4)  where the year begins before 1 January 2007, 25% of the taxpayer’s resource loss for the year, as determined by regulation, except that, where the year includes that date, that percentage shall be replaced by the percentage obtained by multiplying 25% by the proportion that the number of days in the year that precede that date is of the number of days in the year;

(z.5)  any amount received by the taxpayer in the year in respect of a refund of an amount that was deducted under paragraph u of section 157 in computing the taxpayer’s income for any taxation year; and

(z.6)  any amount required because of section 935.26.1 to be included in computing the taxpayer’s income for the year.

1972, c. 23, s. 81; 1973, c. 18, s. 3; 1975, c. 22, s. 7; 1977, c. 26, s. 6; 1978, c. 26, s. 11; 1980, c. 13, s. 6; 1982, c. 5, s. 24; 1984, c. 15, s. 19; 1985, c. 25, s. 24; 1987, c. 67, s. 19; 1988, c. 18, s. 7; 1989, c. 5, s. 34; 1989, c. 77, s. 14; 1990, c. 59, s. 47; 1991, c. 25, s. 20; 1992, c. 1, s. 22; 1994, c. 22, s. 64; 1995, c. 1, s. 21; 1995, c. 49, s. 32; 1995, c. 63, s. 26; 1996, c. 39, s. 27; 1997, c. 3, s. 71; 1997, c. 14, s. 29; 1997, c. 31, s. 11; 1997, c. 85, s. 49; 1998, c. 16, s. 81; 1999, c. 83, s. 30; 2000, c. 5, s. 30; 2001, c. 7, s. 9; 2001, c. 51, s. 23; 2001, c. 53, s. 24; 2003, c. 2, s. 30; 2005, c. 1, s. 29; 2007, c. 12, s. 34; 2009, c. 5, s. 50; 2010, c. 5, s. 19.

87.1. (Repealed).

1982, c. 5, s. 25; 1991, c. 25, s. 21.

87.2. A corporation carrying on in the year a personal services business or that carried on such a business in a previous taxation year is required to include in computing its income for the year every amount deemed in section 487.1 to be a benefit it receives in that year.

1983, c. 44, s. 20; 1997, c. 3, s. 71; 1997, c. 14, s. 30.

87.3. For the purposes of paragraph w of section 87, where at a particular time a taxpayer who is a beneficiary of a trust or a member of a partnership has received an amount in respect of the activities of the trust or partnership, or in respect of the cost of property or in respect of an outlay or expense of the trust or partnership, on any basis contemplated in that paragraph, the amount is deemed to have been received at that time by the trust or partnership, as the case may be, on the same basis.

1987, c. 67, s. 20; 1991, c. 25, s. 22; 1997, c. 3, s. 71.

87.3.1. For the purposes of section 87.3, the amount that, in relation to expenses described in paragraphs a.1 and c.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, is received at a particular time by a corporation that is a member of a partnership under Division II.6.15 of Chapter III.1 of Title III of Book IX shall be computed without reference to the second paragraph of section 1029.8.36.169, the third paragraph of section 1029.8.36.171 and sections 1029.8.36.171.1 and 1029.8.36.171.2.

2004, c. 21, s. 49.

87.4. A taxpayer who has in a taxation year received an amount that would, but for this section, be included in computing his income for the year under paragraph w of section 87 in respect of an outlay or expense made or incurred by him before the end of the following taxation year, other than an outlay or expense in respect of the cost of property of the taxpayer, may elect under this section, on or before the taxpayer’s filing-due date for the year or, where the outlay or expense is made or incurred in the following taxation year, for that following year, that the amount of the outlay or expense be deemed, for the purpose of computing his income, other than for the purposes of this section, paragraph w of section 87 and paragraph o of section 157, to have always been the amount by which the amount of the outlay or expense exceeds the lesser of the amount elected by the taxpayer under this section and the amount so received by the taxpayer.

Notwithstanding sections 1010 to 1011, the Minister shall make, under this Part, such assessment or reassessment of the tax, interest and penalties of the taxpayer referred to in the first paragraph as is necessary for any taxation year to give effect to the election made by the taxpayer under the first paragraph.

1991, c. 25, s. 23; 1994, c. 22, s. 65; 1997, c. 31, s. 12.

88. Notwithstanding any other provision of this Act, where, in a taxation year, a taxpayer receives a cash bonus that the Gouvernement du Québec or the Government of Canada has undertaken to pay in respect of a Québec or Canada Savings Bond, he shall, in computing his income for the year, include as interest in respect of the Québec or Canada Savings Bond one-half of the cash bonus so received.

This section does not apply to a bonus that the Gouvernement du Québec or the Government of Canada has agreed to pay at the time of the issue of the bond under the terms of the bond.

1975, c. 21, s. 3; 1977, c. 5, s. 14; 1987, c. 67, s. 21.

89. A taxpayer shall, in computing the income of the taxpayer from a business or property for a taxation year that begins before 1 January 2007, include any amount that becomes receivable in the year by a person referred to in section 90 and that can reasonably be considered to be a royalty, tax, rental or bonus, or to be in respect of the late receipt or non-receipt of such an amount, in relation to

(a)  the acquisition, development or ownership of a Canadian resource property of the taxpayer; or

(b)  the production in Canada

i.  of petroleum, natural gas or related hydrocarbons from a natural accumulation of petroleum or natural gas other than a mineral resource or from an oil or gas well,

i.1.  of sulphur from a natural accumulation of petroleum or natural gas, from an oil or gas well or from a mineral resource,

ii.  to any stage that is not beyond the prime metal stage or its equivalent, of metal, minerals other than iron or petroleum or related hydrocarbons, or coal from a mineral resource,

iii.  to any stage that is not beyond the pellet stage or its equivalent, of iron from a mineral resource, or

iv.  to any stage that is not beyond the crude oil stage or its equivalent, of petroleum or related hydrocarbons from a deposit of bituminous sands or oil shales.

For the purposes of subparagraph b of the first paragraph, the natural accumulation of petroleum or natural gas, the oil or gas well, the mineral resource and the deposit of bituminous sands or oil shales referred to in that subparagraph must be property situated in Canada in respect of which the taxpayer has an interest.

Where the taxation year referred to in the first paragraph includes 1 January 2007, the first paragraph, except for the purposes of the regulations made under paragraph z.4 of section 87 or section 145 or 360, applies only in respect of the proportion of each amount referred to in the first paragraph that the number of days in the year that precede that date is of the number of days in the year.

1975, c. 22, s. 8; 1977, c. 26, s. 7; 1978, c. 26, s. 12; 1984, c. 15, s. 20; 1985, c. 25, s. 25; 1986, c. 19, s. 10; 1987, c. 67, s. 22; 1993, c. 16, s. 47; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 82; 2005, c. 1, s. 30.

90. Section 89 applies where the amount mentioned therein becomes receivable by the State or Her Majesty in right of Canada or a province, other than Québec, by a mandatary of the State or Her Majesty in right of Canada or a province, other than Québec, or by a corporation, commission or association that is controlled by the State or Her Majesty in right of Canada or a province, other than Québec, or a mandatary of the State or Her Majesty in right of Canada or a province, other than Québec.

1975, c. 22, s. 8; 1978, c. 26, s. 13; 1990, c. 59, s. 48; 1997, c. 3, s. 71; 1998, c. 16, s. 83; 2001, c. 7, s. 10.

91. Section 89 does not apply to an amount described in subsection 1 of section 144, to a tax or portion thereof that may reasonably be considered to be a school or municipal tax, or to a prescribed amount.

1975, c. 22, s. 8; 1977, c. 26, s. 8; 1978, c. 26, s. 14; 1984, c. 15, s. 21; 2005, c. 1, s. 31.

91.1. There shall be included in computing a taxpayer’s income for a taxation year any amount that is, in relation to a foreign oil and gas business of the taxpayer, the taxpayer’s production tax amount for the year.

In the first paragraph, “foreign oil and gas business” and “production tax amount” have the meaning assigned by section 772.2.

2003, c. 2, s. 31.

92. Subject to section 92.1.1, in computing its income for a taxation year, a corporation, partnership, unit trust or any trust of which a corporation or a partnership is a beneficiary shall include any interest on a debt obligation that accrues to it to the end of the year, or becomes receivable or is received by it before the end of the year, to the extent that the interest was not included in computing its income for a preceding taxation year.

However, the first paragraph does not apply to interest accrued, received or that became receivable in respect of a net income stabilization account, a farm income stabilization account, an income bond, an income debenture, a small business bond, an indexed debt obligation or a development bond.

1975, c. 22, s. 8; 1982, c. 5, s. 26; 1984, c. 15, s. 21; 1994, c. 22, s. 66; 1995, c. 49, s. 33; 1997, c. 3, s. 71; 2001, c. 7, s. 11; 2004, c. 21, s. 50.

92.1. Subject to section 92.1.1, where in a taxation year a taxpayer, other than a taxpayer to whom section 92 applies, holds an interest in an investment contract on any anniversary day of the contract, the taxpayer shall include in computing the taxpayer’s income for the year the interest that accrued to the taxpayer to the end of that day with respect to the investment contract, to the extent that the interest was not otherwise included in computing the taxpayer’s income for the year or any preceding taxation year.

1982, c. 5, s. 26; 1984, c. 15, s. 21; 1991, c. 25, s. 24; 2001, c. 7, s. 12.

92.1.1. Paragraph c of section 87 and sections 92 and 92.1 do not apply to a taxpayer in respect of a debt obligation for the part of a taxation year throughout which the obligation is impaired where an amount in respect of the obligation is deductible because of paragraph b of section 140 in computing the taxpayer’s income for the year.

2001, c. 7, s. 13.

92.2. (Repealed).

1982, c. 5, s. 26; 1984, c. 15, s. 21; 1991, c. 25, s. 25.

92.3. (Repealed).

1982, c. 5, s. 26; 1984, c. 15, s. 21; 1991, c. 25, s. 25.

92.4. (Repealed).

1984, c. 15, s. 21; 1986, c. 19, s. 11; 1991, c. 25, s. 25.

92.5. For the purposes of sections 92, 92.1, 92.7, 157.6 and 167, where a taxpayer acquires an interest in a prescribed debt obligation, interest on the obligation, computed in prescribed manner, is deemed to accrue to the taxpayer in each taxation year during which the taxpayer holds the interest.

1984, c. 15, s. 21; 1985, c. 25, s. 26; 1991, c. 25, s. 26; 1993, c. 16, s. 48.

92.5.1. Where a taxpayer disposes of an interest in a debt obligation that is a debt obligation in respect of which the proportion of the payments of principal to which the taxpayer is entitled is not equal to the proportion of the payment of interest to which the taxpayer is entitled, such portion of the proceeds of disposition received by the taxpayer as may reasonably be considered to represent a recovery of the cost to him of the interest in the debt obligation shall, notwithstanding any other provision of this Part, not be included in computing his income.

A debt obligation referred to in the first paragraph includes, for greater certainty, all of the issuer’s obligations to pay principal and interest under that debt obligation.

1986, c. 19, s. 12; 1994, c. 22, s. 67.

92.5.2. There shall be included in computing the income of a taxpayer for a taxation year from a property the aggregate of all amounts each of which is the amount determined by the formula

A - B.

For the purposes of the formula in the first paragraph,

(a)  A is an amount paid at a particular time in the year out of the taxpayer’s NISA Fund No. 2; and

(b)  B is the amount by which

i.  the aggregate of all amounts each of which is deemed to have been paid before the particular time out of the NISA Fund No. 2

(1)  of the taxpayer under any of sections 92.5.2.1, 656.3 and 660.1, or

(2)  of another person under section 437.1 or 462.0.1, on being transferred to the taxpayer’s NISA Fund No. 2, exceeds

ii.  the aggregate of all amounts each of which is the amount by which an amount otherwise determined under this section in respect of a payment out of the taxpayer’s NISA Fund No. 2, before the particular time, was reduced because of the letter described in this subparagraph.

1994, c. 22, s. 68; 2009, c. 15, s. 48.

92.5.2.1. If at any time there is an acquisition of control of a corporation, the balance of the corporation’s NISA Fund No. 2 at that time is deemed to be paid out to the corporation immediately before that time.

2009, c. 15, s. 49.

92.5.3. Notwithstanding any other provision of this Part, an amount added or credited to a taxpayer’s NISA Fund No. 2 shall not be included in computing the taxpayer’s income solely because of that adding or crediting.

1994, c. 22, s. 68.

92.5.3.1. There shall be included in computing the income of a taxpayer for a taxation year from a business the aggregate of all amounts each of which is an amount determined by the formula

A − B.

For the purposes of the formula in the first paragraph,

(a)  A is an amount paid at a particular time in the year out of the taxpayer’s farm income stabilization account; and

(b)  B is the amount by which the aggregate described in the third paragraph is exceeded by the aggregate of all amounts each of which is an amount deemed to have been paid before the particular time out of the farm income stabilization account

i.  of the taxpayer under section 656.3.1 or 660.2, or

ii.  of another person under section 437.2 or 462.0.2, on being transferred to the taxpayer’s farm income stabilization account.

The aggregate to which subparagraph b of the second paragraph refers is the aggregate of all amounts each of which is the amount by which an amount otherwise determined under this section in respect of a payment out of the taxpayer’s farm income stabilization account, before the particular time, was reduced because of that subparagraph b.

2004, c. 21, s. 51.

92.5.3.2. Notwithstanding any other provision of this Part, an amount added or credited to a taxpayer’s farm income stabilization account shall not be included in computing the taxpayer’s income solely because of that adding or crediting.

2004, c. 21, s. 51.

92.5.3.3. For the purposes of this Act and the regulations, a taxpayer who ceased to carry on a farming business in Québec in respect of which the taxpayer owns a farm income stabilization account is, until the account balance is nil, deemed to continue carrying on that farming business and to have an establishment in Québec in relation to that farming business.

2004, c. 21, s. 51.

92.5.4. (Repealed).

2000, c. 39, s. 8; 2009, c. 5, s. 51.

92.6. (Repealed).

1984, c. 15, s. 21; 1991, c. 25, s. 27.

92.7. For the purposes of sections 92 to 92.7,

(a)  “investment contract”, in relation to a taxpayer, means any debt obligation other than

i.  a salary deferral arrangement or a plan or arrangement that, but for any of paragraphs a, b and d to l of section 47.16, would be a salary deferral arrangement,

ii.  a retirement compensation arrangement or a plan or arrangement that, but for any of subparagraphs a, b, d and f to n of the second paragraph of section 890.1, would be a retirement compensation arrangement,

iii.  an employee benefit plan or a plan or arrangement that, but for the second paragraph of section 47.6, would be an employee benefit plan,

iv.  a foreign retirement arrangement,

iv.1.  a tax-free savings account,

v.  an income bond or debenture,

vi.  a development bond,

vii.  a small business bond,

viii.  an obligation in respect of which the taxpayer has, otherwise than by reason of section 92.1, at periodic intervals of not more than one year included, in computing his income throughout the period in which he held an interest in the obligation, the income accrued thereon for such intervals,

viii.1.  an obligation in respect of a net income stabilization account,

viii.1.1.  an obligation in respect of a farm income stabilization account,

viii.2.  an indexed debt obligation, and

ix.  a prescribed contract;

(b)  “anniversary day” of an investment contract means the day that is one year after the day immediately preceding the date of issue of the contract, the day that occurs at every successive one year interval from the anniversary day determined in the first instance under this paragraph, and the day on which the contract was disposed of.

1984, c. 15, s. 21; 1985, c. 25, s. 27; 1986, c. 19, s. 13; 1988, c. 18, s. 8; 1991, c. 25, s. 28; 1993, c. 16, s. 49; 1994, c. 22, s. 69; 1995, c. 49, s. 34; 2001, c. 53, s. 25; 2004, c. 21, s. 52; 2010, c. 5, s. 20.

92.8. (Repealed).

1984, c. 15, s. 21; 1989, c. 77, s. 15; 1991, c. 25, s. 29.

92.9. (Repealed).

1984, c. 15, s. 21; 1986, c. 19, s. 14; 1993, c. 16, s. 50.

92.10. (Repealed).

1984, c. 15, s. 21; 1986, c. 19, s. 15; 1991, c. 25, s. 30.

92.11. Where in a taxation year a taxpayer holds an interest in a life insurance policy last acquired after 31 December 1989, on any anniversary day of the policy, the taxpayer shall include in computing his income for the year the amount by which the accumulating fund on that day, as determined in prescribed manner, in respect of the interest in the policy exceeds the adjusted cost basis to the taxpayer of the interest in the policy on that day.

The first paragraph does not apply to an interest in

(a)  an exempt policy,

(b)  a prescribed annuity contract, or

(c)  an annuity contract received, as proceeds from a life insurance policy that was not an annuity contract and that was last acquired before 2 December 1982, by the policyholder under the terms and conditions of the policy.

1984, c. 15, s. 21; 1986, c. 19, s. 16; 1991, c. 25, s. 31; 1993, c. 16, s. 51.

92.12. (Repealed).

1984, c. 15, s. 21; 1986, c. 15, s. 47; 1986, c. 19, s. 17; 1991, c. 25, s. 32.

92.12.1. (Repealed).

1986, c. 19, s. 18; 1991, c. 25, s. 32.

92.13. Where in a taxation year section 92.11 applies with respect to a taxpayer’s interest in an annuity contract, or would apply if the contract had an anniversary day in the year at the time when the taxpayer held the interest, and at the end of the year the aggregate determined under section 976.1 in respect of the interest exceeds the aggregate determined under section 976 in respect of the interest, the taxpayer shall include the excess in computing his income for the year.

1984, c. 15, s. 21; 1991, c. 25, s. 33; 1993, c. 16, s. 52.

92.14. (Repealed).

1984, c. 15, s. 21; 1991, c. 25, s. 34.

92.15. (Repealed).

1984, c. 15, s. 21; 1991, c. 25, s. 34.

92.16. For the purposes of sections 92.11 to 92.19, where the first premium under an annuity contract last acquired by a taxpayer before 1 January 1990 was not fixed before that date and was paid after 31 December 1989 by or on behalf of the taxpayer, the premium is deemed to have been paid to acquire, at the time the premium was paid, an interest in a separate annuity contract issued at that time, to the extent that the amount of the premium was not fixed before 1 January 1990, and each subsequent premium paid under the contract is deemed to have been paid under the separate contract, to the extent that the amount of that subsequent premium was not fixed before 1 January 1990.

The first paragraph does not apply in respect of an annuity contract described in subparagraph b of the second paragraph of section 92.9 or to which section 92.9 or 92.12 applies, as that subparagraph and those sections read in their application to life insurance policies last acquired before 1 January 1990, or to which section 92 applies.

1984, c. 15, s. 21; 1991, c. 25, s. 35; 1993, c. 16, s. 53; 2001, c. 53, s. 26.

92.17. (Repealed).

1984, c. 15, s. 21; 1991, c. 25, s. 36.

92.18. For the purposes of this Part, a rider added at any time after 31 December 1989 to a life insurance policy last acquired before 1 January 1990 that provides additional life insurance is deemed to be a separate life insurance policy issued at that time, unless the only additional life insurance provided by the rider is an accidental death benefit or the life insurance policy is an exempt policy last acquired before 1 December 1982 or an annuity contract.

1984, c. 15, s. 21; 1991, c. 25, s. 37; 2001, c. 7, s. 14; 2001, c. 53, s. 27.

92.19. For the purposes of sections 92.11 to 92.19, 160 and 161, paragraph c of section 312 and sections 966 to 977.1,

(a)  “exempt policy” has the meaning prescribed by regulation; and

(b)  “anniversary day” of a life insurance policy means the day that is one year after the day immediately preceding the day on which the policy was issued and each day that occurs at each successive one-year interval after the anniversary day determined firstly under this paragraph.

1984, c. 15, s. 21; 1991, c. 25, s. 38; 1993, c. 16, s. 54; 2001, c. 53, s. 28.

92.20. (Repealed).

1984, c. 15, s. 21; 1991, c. 25, s. 39.

92.21. Where an insurer has deducted an amount under section 157.12 in computing its income for its taxation year that includes 23 February 1994, it shall include in computing its income for that taxation year and each subsequent taxation year that begins before 1 January 2004, the prescribed portion for the year of the amount so deducted.

1990, c. 59, s. 49; 1996, c. 39, s. 28.

92.22. Where, in a taxation year, a taxpayer disposes of a property described in his inventory and an amount has been deducted under section 141 in respect of the property in computing his income for the year or a preceding taxation year, he shall include in computing his income for the year from the business in which the property was used or held, the amount by which

(a)  the aggregate of all amounts each of which is an amount deducted by him under section 141 in respect of the property in computing his income for the year or a preceding taxation year, exceeds

(b)  the aggregate of all amounts each of which is an amount included by him under paragraph i of section 87 in respect of the property in computing his income for the year or a preceding taxation year.

1990, c. 59, s. 49.

92.23. In this section and sections 92.24 to 92.30,

“base year” of an insurer means the insurer’s taxation year that precedes its transition year;

“insurance business” of an insurer means an insurance business carried on by the insurer, other than a life insurance business;

“reserve transition amount” of an insurer, in respect of an insurance business carried on by it in Canada in its transition year, is the positive or negative amount determined by the formula

A - B;

“transition year” of an insurer means the insurer’s first taxation year that begins after 30 September 2006.

In the formula in the definition of “reserve transition amount” in the first paragraph,

(a)  A is the maximum amount that the insurer would be permitted to claim under the second paragraph of section 152 as a reserve for its base year in respect of its insurance policies if

i.  the generally accepted accounting principles that applied to the insurer in valuing its assets and liabilities for its transition year had applied to it for its base year, and

ii.  the regulations made under the second paragraph of section 152, as they read for the insurer’s transition year, applied to its base year; and

(b)  B is the maximum amount that the insurer is permitted to claim under the second paragraph of section 152 as a reserve for its base year.

2010, c. 25, s. 12.

92.24. There must be included in computing an insurer’s income for its transition year from an insurance business carried on by it in Canada in the transition year, the positive amount of the insurer’s reserve transition amount in respect of that insurance business.

2010, c. 25, s. 12.

92.25. If an amount has been deducted under section 175.2.17 in computing an insurer’s income for its transition year from an insurance business carried on by it in Canada, there must be included in computing the insurer’s income, for each particular taxation year of the insurer that ends after the beginning of the transition year, from that insurance business, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount deducted under section 175.2.17 in computing the insurer’s income for its transition year from that insurance business; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 12.

92.26. If an insurer has, in a winding-up to which section 556 has applied, been wound up into another corporation (in this section referred to as the “parent”), and immediately after the winding-up the parent carries on an insurance business, in applying sections 92.25 and 175.2.18 in computing the incomes of the insurer and of the parent for the particular taxation years that end on or after the first day (in this section referred to as the “start day”) on which assets of the insurer were distributed to the parent on the winding-up, the following rules apply:

(a)  the parent is, on and after the start day, deemed to be the same corporation as and a continuation of the insurer in respect of

i.  any amount included under section 92.24 or deducted under section 175.2.17 in computing the insurer’s income from an insurance business for its transition year,

ii.  any amount included under section 92.25 or deducted under section 175.2.18 in computing the insurer’s income from an insurance business for a taxation year of the insurer that begins before the start day, and

iii.  any amount that would—in the absence of this section and if the insurer existed and carried on an insurance business on each day that is the start day or a subsequent day and on which the parent carries on an insurance business—be required to be included under section 92.25 or deducted under section 175.2.18, in respect of any of those days, in computing the insurer’s income from an insurance business; and

(b)  the insurer is, in respect of each of its particular taxation years, to determine the number of days that is referred to in subparagraph b of the second paragraph of sections 92.25 and 175.2.18 without reference to the start day and days after the start day.

2010, c. 25, s. 12.

92.27. The rules in section 92.28 apply if, at any time, an insurer (in this section and section 92.28 referred to as the “transferor”) transfers, to a corporation (in this section and section 92.28 referred to as the “transferee”) that is related to the transferor, property in respect of an insurance business carried on by the transferor in Canada (in this section and section 92.28 referred to as the “transferred business”) and

(a)  section 832.3 or 832.9 applies to the transfer; or

(b)  section 518 applies to the transfer, the transfer includes all or substantially all of the property and liabilities of the transferred business and, immediately after the transfer, the transferee carries on an insurance business.

2010, c. 25, s. 12.

92.28. The rules to which section 92.27 refers and that apply to the transfer of property at any time are as follows:

(a)  the transferee is, at and after that time, deemed to be the same corporation as and a continuation of the transferor in respect of

i.  any amount included under section 92.24 or deducted under section 175.2.17 in computing the transferor’s income for its transition year that can reasonably be attributed to the transferred business,

ii.  any amount included under section 92.25 or deducted under section 175.2.18 in computing the transferor’s income for a taxation year of the transferor that begins before that time that can reasonably be attributed to the transferred business,

iii.  any amount that would—in the absence of this section and if the transferor existed and carried on an insurance business on each day that includes that time or is a subsequent day and on which the transferee carries on an insurance business—be required to be included under section 92.25 or deducted under section 175.2.18, in respect of any of those days, in computing the transferor’s income that can reasonably be attributed to the transferred business; and

(b)  for the purpose of determining, in respect of the day that includes that time or any subsequent day, any amount that is required to be included under section 92.25 or deducted under section 175.2.18 in computing the transferor’s income for each particular taxation year from the transferred business, the amount referred to in subparagraph a of the second paragraph of those sections is deemed to be nil.

2010, c. 25, s. 12.

92.29. If at any time an insurer ceases (otherwise than as a result of an amalgamation within the meaning of subsections 1 and 2 of section 544) to carry on all or substantially all of an insurance business (in this section referred to as the “discontinued business”), and neither section 92.26 nor 92.27 applies, there must be included in computing the insurer’s income from the discontinued business for the insurer’s taxation year that includes the time that is immediately before that time, the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the amount deducted under section 175.2.17 in computing the insurer’s income from the discontinued business for its transition year; and

(b)  B is the aggregate of all amounts each of which is an amount included under section 92.25 in computing the insurer’s income from the discontinued business for a taxation year that began before that time.

2010, c. 25, s. 12.

92.30. If at any time an insurer that carried on an insurance business ceases to exist (otherwise than as a result of a winding-up described in section 92.26 or of an amalgamation within the meaning of subsections 1 and 2 of section 544), for the purposes of sections 92.29 and 175.2.19, the insurer is deemed to have ceased to carry on the insurance business at the time (determined without reference to this section) at which the insurer ceased to carry on the insurance business or, if it is earlier, the time that is immediately before the end of the last taxation year of the insurer that ended at or before the time at which the insurer ceased to exist.

2010, c. 25, s. 12.

DIVISION II DISPOSITION OF DEPRECIABLE PROPERTY

1972, c. 23.

93. In this division, in sections 130.1, 142 and 149 and in the regulations made under paragraph a of section 130, the expression

(a)  (subparagraph repealed);

(b)  “total depreciation” allowed to a taxpayer before any time for property of a prescribed class means the aggregate of all amounts each of which is an amount deducted by the taxpayer by reason of paragraph a of section 130 in respect of property of that class or an amount deducted under section 130.1, or that would have been so deducted but for the fifth paragraph of section 130.1, in computing his income for the taxation years ending before that time;

(c)  “depreciable property” of a taxpayer as of any time in a taxation year means property acquired by the taxpayer in respect of which he has been allowed, or would, if he owned the property at the end of the year and if this Part were read without reference to section 93.6, be entitled to, a deduction under paragraph a of section 130 in computing his income for that taxation year or a previous taxation year;

(d)  “timber resource property” of a taxpayer means:

i.  a right or licence to cut or remove timber from a limit or area in Canada, hereinafter referred to as an “original right”, if that original right is acquired by the taxpayer after 6 May 1974 and not in the manner referred to in subparagraph ii and if at the time of the acquisition the taxpayer may either reasonably be regarded as having directly or indirectly acquired the right to extend or renew that right or to acquire a similar one in substitution therefor, or reasonably expect, in the ordinary course of events, to be able to extend, renew or acquire that right, or

ii.  any right or licence owned by the taxpayer to cut or remove timber from a limit or area in Canada if that right or licence may reasonably be regarded as an extension or renewal of an original right of the taxpayer, or as having been acquired in substitution for or as one of a series of substitutions of an original right of the taxpayer or for such an extension or renewal;

(e)  “undepreciated capital cost” of depreciable property of a prescribed class of a taxpayer as of any time means the amount that is equal to the amount by which the aggregate of the following amounts exceeds the amount determined under the second paragraph:

i.  the aggregate of all amounts each of which is the capital cost to the taxpayer of a depreciable property of that class acquired before that time,

ii.  the aggregate of all amounts included in computing the taxpayer’s income under sections 93 to 104 for a taxation year ending before that time, to the extent that those amounts relate to depreciable property of that class,

ii.1.  the aggregate of all amounts each of which is an amount of assistance that has been repaid by the taxpayer, pursuant to an obligation to repay, in respect of a depreciable property of that class subsequent to the disposition thereof by the taxpayer that would have been included in computing the capital cost of the property under section 101 had the repayment been made before the disposition,

ii.2.  the aggregate of all amounts each of which is an amount repaid in respect of a property of that class subsequent to the disposition thereof by the taxpayer that would have been an amount described in paragraph b of section 101.6 had the repayment been made before the disposition,

ii.3.  the aggregate of all amounts each of which is an amount paid by the taxpayer before that time as or on account of an existing or proposed countervailing or anti-dumping duty in respect of depreciable property of that class,

iii.  (subparagraph repealed),

iii.1.  (subparagraph repealed),

iv.  (subparagraph repealed),

v.  (subparagraph repealed),

vi.  (subparagraph repealed),

vi.1.  (subparagraph repealed),

vii.  (subparagraph repealed);

(f)  “proceeds of disposition” of property includes:

i.  the sale price of property disposed of,

ii.  compensation for property unlawfully appropriated,

iii.  compensation for property destroyed and any amount received or receivable under an insurance policy in respect of the loss or destruction of property,

iv.  compensation for property appropriated by a person under statutory authority or in respect of which he has given notice of his intention to appropriate,

v.  compensation for acts and omissions of a person whether or not acting in the exercise of a right, under statutory authority or otherwise, that injuriously affect property,

vi.  compensation for property damaged and any amount received or receivable under an insurance policy covering such damage, except to the extent that such compensation or amount, as the case may be, is expended on repairing the damage within a reasonable delay after the damage is caused,

vii.  the amount by which the liability of a taxpayer to a hypothecary creditor or mortgagee is reduced as a result of the sale of the hypothecated or mortgaged property under a provision of the hypothec or mortgage, plus any amount received by the taxpayer out of the proceeds of such sale, and

viii.  any amount included, because of sections 484 to 484.6, in computing a taxpayer’s proceeds of disposition of property.

For the purpose of determining the undepreciated capital cost of depreciable property of a prescribed class of a taxpayer as of any time, the amount to which subparagraph e of the first paragraph refers is equal to the aggregate of

(a)  the amount of the total depreciation allowed to the taxpayer for property of that class before that time;

(b)  the aggregate of all amounts each of which is an amount by which the undepreciated capital cost to the taxpayer of depreciable property of that class is required, otherwise than because of a reduction in the capital cost to the taxpayer of depreciable property, to be reduced at or before that time because of section 485.6;

(c)  for each disposition by the taxpayer before that time of property of that class, other than a timber resource property, the lesser of the proceeds of disposition of the property minus any expenses made or incurred by the taxpayer for the purpose of making the disposition, and the capital cost to the taxpayer of the property;

(d)  for each disposition by the taxpayer before that time of a timber resource property of that class, the proceeds of disposition of the property minus any expenses made or incurred by the taxpayer for the purpose of making the disposition;

(e)  where property of that class was acquired by the taxpayer for the purpose of gaining or producing income from a mine and the taxpayer so elects in the prescribed manner and within the prescribed time in respect of that property, the amount equal to that portion of the income derived from the operation of the mine that is, by virtue of the provisions of the Act respecting the application of the Taxation Act (chapter I-4) relating to income from the operation of new mines, not included in computing income of the taxpayer or any other person;

(f)  the aggregate of all amounts each of which is an amount, other than a prescribed amount, deducted under subsection 5 or 6 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in respect of a depreciable property of that class, in computing the tax payable under that Act by the taxpayer for a taxation year ending before that time and subsequent to the disposition of that property by the taxpayer;

(g)  the aggregate of all amounts each of which is an amount of assistance that the taxpayer received or was entitled to receive before that time, in respect of or for the acquisition of a depreciable property of that class subsequent to the disposition of that property by the taxpayer, that would have been included, under section 101, in the amount of assistance that the taxpayer received or was entitled to receive in respect of that property had the amount been received before the disposition; and

(h)  the aggregate of all amounts each of which is an amount received by the taxpayer before that time in respect of a refund of an amount added to the undepreciated capital cost of depreciable property of that class because of the application of subparagraph ii.3 of subparagraph e of the first paragraph.

1972, c. 23, s. 82; 1975, c. 22, s. 9; 1977, c. 26, s. 9; 1978, c. 26, s. 15; 1982, c. 5, s. 27; 1987, c. 67, s. 23; 1990, c. 59, s. 50; 1992, c. 1, s. 23; 1993, c. 16, s. 55; 1996, c. 39, s. 29; 2001, c. 53, s. 29; 2003, c. 2, s. 32; 2005, c. 1, s. 32.

93.1. For the purposes of subparagraph c of the second paragraph of section 93 and of Title IV, sections 93.2 and 93.3 apply, notwithstanding sections 99 and 251, where at any particular time in a taxation year a taxpayer disposes of a building of a prescribed class and the proceeds of disposition of the building determined without reference to this section and sections 93.2 to 93.3.1 are less than the lesser of the cost amount and the capital cost to the taxpayer of the building immediately before the disposition.

1984, c. 15, s. 22; 1986, c. 19, s. 19; 2000, c. 5, s. 31; 2001, c. 53, s. 30.

93.2. Where in the taxation year referred to in section 93.1 the taxpayer or a person with whom the taxpayer does not deal at arm’s length disposes of the land subjacent to, or immediately contiguous to and necessary for the use of, the building, the following rules apply:

(a)  the proceeds of disposition of the building are deemed to be equal to the lesser of

i.  the amount by which the aggregate of the fair market value of the building at the particular time referred to in section 93.1 and the fair market value of the land immediately before its disposition exceeds the lesser of

(1)  the fair market value of the land immediately before its disposition, and

(2)  the amount by which the cost amount to the vendor of the land, determined without reference to this section and sections 93.1 and 93.3, exceeds the aggregate of the capital gains, determined without reference to subparagraph b of the first paragraph and the second paragraph of section 234, in respect of dispositions of the land within three years before the particular time by the taxpayer or by a person with whom the taxpayer was not dealing at arm’s length to the taxpayer or to another person with whom the taxpayer was not dealing at arm’s length, and

ii.  the greater of the fair market value of the building at the particular time and the lesser of the cost amount and the capital cost to the taxpayer of the building immediately before its disposition;

(b)  notwithstanding any other provision of this Part, the proceeds of disposition of the land are deemed to be equal to the amount by which the aggregate of the proceeds of disposition of the building and of the land determined without reference to this section and sections 93.1, 93.3 and 93.3.1 exceeds the proceeds of disposition of the building as determined under paragraph a; and

(c)  the cost to the purchaser of the land shall be determined without reference to this section and sections 93.1 and 93.3.

1984, c. 15, s. 22; 1986, c. 19, s. 20; 2000, c. 5, s. 31.

93.3. Where section 93.2 does not apply with respect to the disposition referred to in section 93.1 and, before the disposition, the taxpayer or a person with whom the taxpayer did not deal at arm’s length owned the land subjacent to, or immediately contiguous to and necessary for the use of, the building, the proceeds of disposition of the building are deemed to be equal to the aggregate of the proceeds of disposition of the building determined without reference to this section and sections 93.1, 93.2 and 93.3.1, and, subject to the second paragraph, 1/2 of the amount by which the greater of the cost amount to the taxpayer of the building immediately before its disposition and the fair market value of the building immediately before its disposition exceeds the proceeds of disposition of the building determined without reference to this section and sections 93.1, 93.2 and 93.3.1.

However, where the disposition occurs in a taxation year of the taxpayer that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000, the fraction “1/2” in the first paragraph shall be replaced by the fraction obtained when the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year is subtracted from 1.

1984, c. 15, s. 22; 1990, c. 59, s. 51; 2000, c. 5, s. 31; 2003, c. 2, s. 33.

93.3.1. The rules in the second paragraph apply where

(a)  a person or partnership, in this section referred to as the “transferor”, disposes at a particular time, otherwise than in a disposition described in any of paragraphs a to e of section 238, of a particular depreciable property of a particular prescribed class of the transferor;

(b)  the lesser of the following amounts exceeds the amount that would otherwise be the transferor’s proceeds of disposition of the particular property at the particular time:

i.  the capital cost to the transferor of the particular property, and

ii.  the proportion of the undepreciated capital cost to the transferor of all property of the particular class immediately before the particular time that the fair market value of the particular property at the particular time is of the fair market value of all property of the particular class immediately before the particular time; and

(c)  on the thirtieth day after the particular time, a particular person or partnership, who is the transferor or a person affiliated with the transferor, owns or has a right to acquire the particular property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation.

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

(a)  sections 518 to 533 and 614 to 617 do not apply in respect of the disposition of the particular property;

(b)  for the purpose of applying this division, sections 130 and 130.1 and any regulations made for the purposes of paragraph a of section 130 in respect of the transferor for taxation years that end after the particular time,

i.  the transferor is deemed to have disposed of the particular property for proceeds of disposition equal to the lesser of the amounts determined in subparagraphs i and ii of subparagraph b of the first paragraph with respect to the particular property,

ii.  if two or more properties of a prescribed class of the transferor are disposed of at the same time, subparagraph i applies in their respect as if each property so disposed of had been separately disposed of in the following order:

(1)  if an order is designated after 19 December 2006 in their respect under subparagraph ii of paragraph e of subsection 21.2 of section 13 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the order so designated, and

(2)  if subparagraph 1 does not apply, the order designated by the transferor or, if the transferor does not designate an order, in the order designated by the Minister,

iii.  the transferor is deemed to own a property that was acquired before the beginning of the taxation year that includes the particular time at a capital cost equal to the amount of the excess described in subparagraph b of the first paragraph with respect to the particular property, and that is property of the particular class, until the time that is immediately before the first time, after the particular time,

(1)  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns or has a right to acquire the particular property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation,

(2)  at which the particular property is not used by the transferor or a person affiliated with the transferor for the purpose of earning income and is used for another purpose,

(3)  at which the particular property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

(4)  that is immediately before control of the transferor is acquired by a person or group of persons, where the transferor is a corporation, or

(5)  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation, and

iv.  the property described in subparagraph iii is considered to have become available for use by the transferor at the time at which the particular property is considered to have become available for use by the particular person or partnership referred to in subparagraph c of the first paragraph;

(c)  for the purposes of subparagraphs iii and iv of subparagraph b, where a partnership otherwise ceases to exist at any time after the particular time,

i.  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs 1 to 5 of subparagraph iii of subparagraph b, and

ii.  each person who was a member of the partnership immediately before the partnership would, but for this subparagraph c, have ceased to exist is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs 1 to 5 of subparagraph iii of subparagraph b; and

(d)  for the purpose of applying this division, sections 130 and 130.1 and any regulations made for the purposes of paragraph a of section 130 in respect of the particular person or partnership referred to in subparagraph c of the first paragraph,

i.  that person’s or partnership’s capital cost of the particular property is deemed to be equal to the amount that was the transferor’s capital cost of that property, and

ii.  the amount by which the transferor’s capital cost of the particular property exceeds the lesser of its fair market value at the particular time and the amount that would otherwise be the transferor’s proceeds of disposition of the property at the particular time is deemed to have been allowed as depreciation to the particular person or partnership in respect of property of the prescribed class that includes that property for taxation years ending before the particular time.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subparagraph ii of paragraph e of subsection 21.2 of section 13 of the Income Tax Act or in relation to a designation made under subparagraph ii of subparagraph b of the second paragraph before 20 December 2006 and must, if the order referred to in subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph was designated by the Minister of National Revenue, apply, with the necessary modifications, as if the designation had been made by the transferor.

2000, c. 5, s. 32; 2004, c. 8, s. 18; 2004, c. 21, s. 53; 2005, c. 1, s. 33; 2009, c. 5, s. 52.

93.4. For the purposes of subparagraph i of subparagraph e of the first paragraph of section 93, where control of a corporation has been acquired at a particular time by a person or group of persons and, within the 12-month period that ended immediately before that time, the corporation or a partnership of which it was a majority-interest partner acquired depreciable property that was not used, or acquired for use, by the corporation or partnership in a business that was carried on by it immediately before the 12-month period began,

(a)  the property is, subject to subparagraph b, deemed to have been acquired by the corporation or partnership immediately after the particular time and not to have been acquired by it before the particular time; and

(b)  where the property was disposed of by the corporation or partnership before the particular time and was not reacquired by it before that time, the property is deemed to have been acquired by the corporation or partnership immediately before the property was disposed of.

However, the first paragraph does not apply in the case of an acquisition of property that was owned by the corporation or partnership or by a person that would, but for the definition of “controlled” in section 21.0.1, have been affiliated with the corporation throughout the period that began immediately before the 12-month period referred to in the first paragraph began and ended at the time the property was acquired by the corporation or partnership.

1989, c. 77, s. 16; 1997, c. 3, s. 71; 2000, c. 5, s. 33; 2001, c. 53, s. 260.

93.5. For the purposes of section 93.4, where a corporation referred to in that section was incorporated or otherwise formed in the 12-month period, the corporation is deemed to have been

(a)  in existence throughout the period that began immediately before the 12-month period and ended immediately after it was incorporated or otherwise formed; and

(b)  affiliated, throughout the period referred to in paragraph a, with every person with whom it was affiliated, otherwise than because of a right referred to in paragraph b of section 20, throughout the period that began when it was incorporated or otherwise formed and ended immediately before its control is acquired.

1989, c. 77, s. 16; 1997, c. 3, s. 71; 2000, c. 5, s. 33.

93.6. In applying subparagraph e of the first paragraph of section 93 in respect of paragraph a of section 130 and any regulations made under that paragraph a, for the purpose of computing a taxpayer’s income for a taxation year from a business or property, no amount shall be included in calculating the undepreciated capital cost to the taxpayer of depreciable property of a prescribed class in respect of the capital cost to the taxpayer of a property of that class, other than prescribed property or property that is a certified Québec film, a Québec film production or a certified production, within the meaning of the regulations made under paragraph a of section 130, before the time at which the property is considered to have become available for use by the taxpayer.

1993, c. 16, s. 56; 1997, c. 14, s. 31; 2001, c. 53, s. 260.

93.7. For the purposes of section 93.6 and subject to section 93.9, property, other than a building or part thereof, acquired by a taxpayer shall be considered to have become available for use by the taxpayer at the time that is the earliest of

(a)  the time at which the property is first used by the taxpayer for the purpose of earning income,

(b)  the time that is immediately after the commencement of the first taxation year of the taxpayer commencing more than 357 days after the end of the taxation year of the taxpayer in which the property was acquired by the taxpayer,

(c)  the time that is immediately before the disposition of the property by the taxpayer,

(d)  the time at which the property

i.  has been delivered to the taxpayer, or to a person or partnership that will use the property for the benefit of the taxpayer, or, where the property is not of a type that is deliverable, is made available to the taxpayer or the person or partnership, and

ii.  is capable, either alone or in combination with other property in the possession at that time of the taxpayer or the person or partnership referred to in subparagraph i, of being used by or for the benefit of the taxpayer or that person or partnership to produce a commercially saleable product or to perform a commercially saleable service, including an intermediate product or service that is used or consumed, or to be used or consumed, by or for the benefit of the taxpayer or the person or partnership in producing or performing any such product or service,

(e)  in the case of property acquired by the taxpayer for the prevention, reduction or elimination of air or water pollution created by operations carried on by the taxpayer or that would be created by such operations if the property had not been acquired, the time at which the property is installed and capable of performing the function for which it was acquired,

(f)  in the case of property acquired by a corporation a class of shares of the capital stock of which is listed on a designated stock exchange, a corporation that is a public corporation by reason of an election made under subparagraph i of paragraph b of the definition of “public corporation” in subsection 1 of section 89 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or a designation made by the Minister of Revenue of Canada in a notice to the corporation under subparagraph ii of paragraph b of that definition, or a subsidiary wholly-owned corporation of any such corporation, the end of the taxation year for which depreciation in respect of the property is first deducted in computing the earnings of the corporation in accordance with generally accepted accounting principles and for the purposes of the financial statements of the corporation for the year presented to its shareholders,

(g)  in the case of property acquired by the taxpayer in the course of carrying on a business of farming or fishing, the time at which the property has been delivered to the taxpayer and is capable of performing the function for which it was acquired,

(h)  in the case of property of a taxpayer that is a motor vehicle, trailer, trolleybus, aircraft or vessel for which one or more permits, certificates or licences evidencing that the property may be operated by the taxpayer in accordance with any laws regulating the use of such property are required to be obtained, the time at which all such permits, certificates or licences have been obtained,

(i)  in the case of property that is a spare part intended to replace a part of another property of the taxpayer if required due to the breakdown of that other property, the time at which that other property became available for use by the taxpayer,

(j)  in the case of a concrete gravity base structure and topside modules intended to be used at an oil production facility in a commercial discovery area, within the meaning assigned by the Canada Petroleum Resources Act (Revised Statutes of Canada, 1985, chapter 36, 2nd Supplement), on which the drilling of the first well that indicated the discovery commenced before 5 March 1982, in a prescribed offshore region, the time at which the gravity base structure deballasts and lifts the assembled topside modules, and

(k)  where the property is, within the meaning of subsection 3 of section 96, a replacement for a former property described in paragraph a of subsection 1 of that section that was acquired before 1 January 1990 or that had become available for use at or before the time at which the replacement property is acquired, the time at which the replacement property is acquired.

For the purposes of subparagraph f of the first paragraph, where the depreciation referred to therein in respect of property is calculated by reference to a proportion of the cost of the property, only that portion of the property shall be considered to have become available for use at the end of the taxation year referred to in that subparagraph.

1993, c. 16, s. 56; 1995, c. 49, s. 35; 1997, c. 3, s. 71; 2000, c. 5, s. 293; 2001, c. 7, s. 15; 2010, c. 5, s. 21.

93.8. For the purposes of section 93.6 and subject to section 93.9, property that is a building or part thereof of a taxpayer shall be considered to have become available for use by the taxpayer at the time that is the earliest of

(a)  the time at which all or substantially all of the building is first used for the purpose for which it was acquired,

(b)  the time at which the construction of the building is complete,

(c)  the time that is immediately after the commencement of the first taxation year of the taxpayer commencing more than 357 days after the end of the taxation year of the taxpayer in which the property was acquired by the taxpayer,

(d)  the time that is immediately before the disposition of the property by the taxpayer, and

(e)  where the property is, within the meaning of subsection 3 of section 96, a replacement for a former property described in paragraph a of subsection 1 of that section that was acquired before 1 January 1990 or that had become available for use at or before the time at which the replacement property is acquired, the time at which the replacement property is acquired.

For the purposes of this section, a renovation, alteration or addition to a particular building shall be considered to be a building separate from the particular building.

1993, c. 16, s. 56.

93.9. For the purposes of section 93.6, where a taxpayer has acquired property, other than a building that is used or is to be used by the taxpayer principally for the purpose of gaining or producing gross revenue that is rent, in the taxpayer’s first taxation year, in this section referred to as the “particular year”, commencing more than 357 days after the end of the taxpayer’s taxation year in which the taxpayer first acquired property after 31 December 1989 that is part of a project of the taxpayer, or in a taxation year subsequent to the particular year, and at the end of any taxation year, in this section referred to as the “inclusion year”, of the taxpayer, the property may reasonably be considered to be part of the project and has not otherwise become available for use, if the taxpayer so elects in prescribed form filed with the taxpayer’s fiscal return under this Part for the particular year, that particular portion of the property the capital cost of which does not exceed the amount determined under the second paragraph is deemed to have become available for use immediately before the end of the inclusion year.

The amount referred to in the first paragraph is equal to the amount by which the aggregate of all amounts each of which is the capital cost to the taxpayer of a depreciable property, other than a building that is used or is to be used by the taxpayer principally for the purpose of gaining or producing gross revenue that is rent, that is part of the project referred to in the first paragraph, that was acquired by the taxpayer after 31 December 1989 and before the end of the taxpayer’s last taxation year ending more than 357 days before the commencement of the inclusion year and that has not become available for use at or before the end of the inclusion year, except where the property has first become available for use before the end of the inclusion year by reason of subparagraph b of the first paragraph of section 93.7, subparagraph c of the first paragraph of section 93.8 or this section, exceeds the aggregate of all amounts each of which is the capital cost to the taxpayer of a depreciable property, other than the particular portion of the property, that is part of the project to the extent that the property is considered, by reason of this section, to have become available for use before the end of the inclusion year.

1993, c. 16, s. 56; 1996, c. 39, s. 273.

93.10. For the purposes of section 93.6 and notwithstanding sections 93.7 to 93.9, property of a taxpayer is deemed to have become available for use by the taxpayer at the earlier of the time the property was acquired by the taxpayer and, if applicable, a prescribed time, where

(a)  the property was acquired from a person with whom the taxpayer was not dealing at arm’s length, otherwise than by reason of a right referred to in paragraph b of section 20, at the time the property was acquired by the taxpayer, or in the course of a reorganization in respect of which, if a dividend were received by a corporation in the course of the reorganization, section 308.1 would not apply to the dividend by reason of the application of section 308.3; and

(b)  before the property was acquired by the taxpayer, the property became available for use, determined without reference to subparagraph c of the first paragraph of section 93.7 and subparagraph d of the first paragraph of section 93.8, by the person from whom it was acquired.

1993, c. 16, s. 56; 1994, c. 22, s. 70; 1997, c. 3, s. 71.

93.11. For the purposes of subparagraph b of the first paragraph of section 93.7, subparagraph c of the first paragraph of section 93.8 and section 93.9, where a property of a taxpayer was acquired from a person, the taxpayer is deemed to have acquired the property at the time it was acquired by the person, where

(a)  the taxpayer was, at the time the taxpayer acquired the property, not dealing at arm’s length with the person, otherwise than by reason of a right referred to in paragraph b of section 20, or

(b)  the property was acquired in the course of a reorganization in respect of which, if a dividend were received by a corporation in the course of the reorganization, section 308.1 would not apply to the dividend by reason of the application of section 308.3.

1993, c. 16, s. 56; 1997, c. 3, s. 71.

93.12. Where a taxpayer has leased property that is depreciable property of a person with whom the taxpayer does not deal at arm’s length, the amount determined under the second paragraph is deemed to be the cost to the taxpayer of a property included in Class 13 in Schedule B to the Regulation respecting the Taxation Act (chapter I-3, r. 1) and not to be an amount paid or payable for the use of, or the right to use, the property.

The amount referred to in the first paragraph is equal to the amount by which the aggregate of any amounts paid or payable by the taxpayer for the use of, or the right to use, the property in a particular taxation year and before the time at which the property would have been considered to have become available for use by the taxpayer if the taxpayer had acquired the property, and that, but for this section, would be deductible in computing the taxpayer’s income for any taxation year exceeds the aggregate of any amounts received or receivable by the taxpayer for the use of, or the right to use, the property in the particular taxation year and before that time and that are included in the income of the taxpayer for any taxation year.

1993, c. 16, s. 56; 1994, c. 22, s. 71.

93.13. Where a person acquires a depreciable property for consideration that can reasonably be considered to include another property, the portion of the cost to the person of the depreciable property attributable to the other property is deemed not to exceed the fair market value of that other property.

1995, c. 49, s. 36.

93.14. Notwithstanding paragraph a of section 130R205 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), the classes of property prescribed for the purposes of any regulations made under paragraph a of section 130 or section 130.1 are deemed to include, for taxation years that end after 31 December 1987 and before 6 December 1996, property of a taxpayer that, if the Act were read without reference to Divisions I to IV.1 of Chapter X of Title VI, would be included in one of the classes.

2004, c. 8, s. 19; 2009, c. 15, s. 50.

94. Where, at the end of a taxation year, the amount determined under the second paragraph of section 93 in respect of a taxpayer’s depreciable property of a prescribed class exceeds the aggregate of the amounts determined under subparagraphs i to ii.3 of subparagraph e of the first paragraph of that section in respect thereof, the excess shall be included in computing the taxpayer’s income for the year.

1972, c. 23, s. 83; 1975, c. 22, s. 10; 1977, c. 26, s. 10; 1982, c. 5, s. 28; 1990, c. 59, s. 52; 2001, c. 53, s. 31.

94.1. Notwithstanding section 94, the excess determined at the end of a taxation year under that section shall not be included in computing the taxpayer’s income for the year where it is in respect of a passenger vehicle in respect of which paragraph d.3 or d.4 of section 99 or section 525.1 applied to the taxpayer.

However, the excess referred to in the first paragraph is deemed, for the purposes of subparagraph ii of subparagraph e of the first paragraph of section 93, to be an amount included in computing the taxpayer’s income for the year under sections 93 to 104.

1990, c. 59, s. 53; 2001, c. 53, s. 260.

95. Where a taxpayer is an individual and his income for a taxation year includes income from a business the fiscal period of which does not coincide with the calendar year, and the taxpayer has disposed of depreciable property acquired for the purpose of gaining or producing income from the business,

(a)  each reference in sections 94, 94.1 and 130.1 to “year” and “taxation year” shall read as a reference to “fiscal period”, except so far as the said sections apply to a disposition by a taxpayer, after ceasing to operate a business, of depreciable property of a prescribed class he had acquired to gain income from the business and had subsequently used for no other purpose; and

(b)  the expression “the taxpayer’s income”, in section 94, means “the taxpayer’s income from the business”.

1972, c. 23, s. 85; 1977, c. 26, s. 12; 1978, c. 26, s. 16; 1991, c. 25, s. 40.

96. (1)  Subsection 2 applies where an amount in respect of the disposition in a taxation year of depreciable property of a prescribed class of a taxpayer, in this section and section 96.0.2 referred to as the “former property”, would, but for this section, be the amount determined under subparagraph c or d of the second paragraph of section 93 in respect of the disposition of the former property that is either

(a)  property the proceeds of disposition of which were compensation or an amount described in subparagraph ii, iii or iv of subparagraph f of the first paragraph of section 93; or

(b)  a property that was, immediately before the disposition, a former business property of the taxpayer.

(2)  If the taxpayer acquires, in a taxation year, a depreciable property of a prescribed class of the taxpayer that is a replacement property for a former property of the taxpayer and the taxpayer makes a valid election under subsection 4 of section 13 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the former property or, if section 96.0.1 applies, the taxpayer so elects in the taxpayer’s fiscal return filed in accordance with section 1000 for the taxation year, the following rules apply:

(a)  the amount determined under subparagraph c or d of the second paragraph of section 93, in respect of the disposition of the former property, must be reduced by the lesser of the amount by which the amount otherwise determined under that subparagraph c or d, in respect of that disposition, exceeds the undepreciated capital cost to the taxpayer of property of the prescribed class to which the former property belonged at the time immediately before the time that the former property was disposed of, and the amount that has been used by the taxpayer to acquire, in the case of a former property referred to in paragraph a of subsection 1, before the end of the second taxation year following the year referred to in subsection 1 or, if it is later, before the end of the 24-month period following the year referred to in subsection 1, or, in any other case, before the end of the first taxation year following the year referred to in subsection 1 or, if it is later, before the end of the 12-month period following the year referred to in subsection 1, a replacement property that has not been disposed of by the taxpayer before the time at which the taxpayer disposed of the former property; and

(b)  the amount of the reduction determined under paragraph a is deemed to be proceeds of disposition of a depreciable property of the taxpayer that had a capital cost equal to that amount and that was property of the same class as the replacement property, from a disposition made on the day on which the replacement property was acquired by the taxpayer or, if it is later, on the day on which the former property was disposed of by the taxpayer.

(3)  For the purposes of this section, a depreciable property of a prescribed class of a taxpayer is a replacement property for the taxpayer’s former property where

(a)  it is reasonable to conclude that the property was acquired by the taxpayer to replace the former property;

(a.1)  it was acquired by the taxpayer and used by the taxpayer or a person related to the taxpayer for a use that is the same as or similar to the use to which the taxpayer or a person related to the taxpayer put the former property;

(b)  where the former property was used by the taxpayer or a person related to the taxpayer for the purpose of gaining or producing income from a business, the property was acquired by the taxpayer either for the purpose of gaining or producing income from that or a similar business or for use by a person related to the taxpayer for such a purpose;

(c)  where the former property was a taxable Canadian property of the taxpayer, the property is a taxable Canadian property of the taxpayer; and

(d)  where the former property was a taxable Canadian property, other than tax-agreement-protected property, of the taxpayer, the property is a taxable Canadian property, other than tax-agreement-protected property, of the taxpayer.

(4)  Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4 of section 13 of the Income Tax Act or in relation to an election made under this section before 20 December 2006 but otherwise than as a consequence of the application of section 96.0.1.

1972, c. 23, s. 86; 1975, c. 22, s. 11; 1977, c. 26, s. 13; 1978, c. 26, s. 17; 1993, c. 16, s. 57; 1994, c. 22, s. 72; 2001, c. 7, s. 16; 2001, c. 53, s. 32; 2009, c. 5, s. 53; 2009, c. 15, s. 51.

96.0.1. For the purposes of paragraph a of subsection 2 of section 96, if a taxpayer acquires a replacement property after the end of the period provided for in that paragraph a for the acquisition, and, in the Minister’s opinion, the taxpayer was unable to acquire the replacement property before the end of the period because of the specific nature of the former property referred to in section 96, the taxpayer is deemed to have acquired the replacement property before the end of the period.

2002, c. 40, s. 20; 2009, c. 15, s. 52.

96.0.2. The rules set out in the second paragraph apply if

(a)  a taxpayer (in this section referred to as the “transferor”) has, pursuant to a written agreement with a person or partnership (in this section referred to as the “transferee”), disposed of or terminated a former property that is a franchise, concession or licence for a limited period that is wholly attributable to the carrying on of a business at a fixed place;

(b)  the transferee acquired the former property from the transferor or, on the termination, acquired a similar property in respect of the same fixed place from another person or partnership; and

(c)  the transferor and the transferee make a valid election under paragraph c of subsection 4.2 of section 13 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the acquisition and the disposition or termination.

The rules to which the first paragraph refers in respect of an acquisition and a disposition or termination are as follows:

(a)  if the transferee acquires a similar property referred to in subparagraph b of the first paragraph, the transferee is deemed to have also acquired the former property at the time that the former property was terminated and to own the former property until the transferee no longer owns the similar property;

(b)  if the transferee acquires the former property referred to in subparagraph b of the first paragraph, the transferee is deemed to own the former property until such time as the transferee owns neither the former property nor a similar property in respect of the same fixed place to which the former property related;

(c)  for the purpose of calculating the amount deductible under paragraph a of section 130 in respect of the former property in computing the transferee’s income, the useful life of the former property remaining on its acquisition by the transferee is deemed to be equal to the period that was the useful life of the former property remaining on its acquisition by the transferor; and

(d)  any amount that would, but for this paragraph, be an amount included in the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of the transferor or an incorporeal capital amount to the transferee in respect of the disposition or termination of the former property by the transferor is deemed to be

i.  neither an amount included in the aggregate determined under subparagraph b of the second paragraph of section 107 nor an incorporeal capital amount,

ii.  an amount required to be included in computing the capital cost to the transferee of the former property, and

iii.  an amount required to be included in computing the proceeds of disposition to the transferor in respect of a disposition of the former property.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph c of subsection 4.2 of section 13 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2009, c. 15, s. 53.

96.1. Notwithstanding sections 1010 to 1011, where a taxpayer has made an election under subsection 2 of section 96, the Minister shall make such reassessments of tax, interest and penalties under this Part as are necessary for any taxation year to take into account that election.

1979, c. 18, s. 8; 2002, c. 40, s. 21; 2009, c. 5, s. 54.

96.2. For the purpose of determining whether property meets the prescribed criteria in respect of prescribed energy conservation property, the Technical Guide to Class 43.1, as amended from time to time and published by the Department of Natural Resources of Canada, shall apply conclusively, with the necessary modifications, with respect to engineering and scientific matters.

1998, c. 16, s. 84; 2000, c. 39, s. 9.

97. Where one or more depreciable properties of a taxpayer that were included in a prescribed class, in this section referred to as the “old class”, become included at any time, in this section referred to as the “transfer time”, in another prescribed class, in this section referred to as the “new class”, the following rules apply for the purpose of determining at any subsequent time the undepreciated capital cost to the taxpayer of depreciable property of the old class and the new class:

(a)  for the purposes of subparagraph i of subparagraph e of the first paragraph of section 93, each of those depreciable properties is deemed to be property of the new class acquired before the subsequent time and never to have been included in the old class; and

(b)  the taxpayer shall deduct in computing the total depreciation allowed to the taxpayer before the subsequent time in respect of property of the old class, and add in computing the total depreciation allowed to the taxpayer before the subsequent time in respect of property of the new class, an amount equal to the greater of

i.  the amount by which the aggregate of all amounts each of which is the capital cost to the taxpayer of each of those depreciable properties exceeds the undepreciated capital cost to the taxpayer of depreciable property of the old class at the transfer time, and

ii.  the aggregate of all amounts each of which is an amount that would have been deducted under paragraph a of section 130 in respect of a depreciable property that is one of those depreciable properties in computing the taxpayer’s income for a taxation year that ended before the transfer time and at the end of which the property was included in the old class, had the property been the only property included in a separate prescribed class and had the rate prescribed by the regulations made under that paragraph a in respect of that separate prescribed class been the effective rate that was used by the taxpayer to determine the amounts deducted by the taxpayer under that paragraph a in respect of property of the old class for the year.

1972, c. 23, s. 87; 1975, c. 22, s. 12; 1990, c. 59, s. 54; 1998, c. 16, s. 85; 2001, c. 53, s. 260.

97.1. Where at any time in a taxation year, a taxpayer acquires a particular property in respect of which, immediately before that time, he had a leasehold interest that was included in a prescribed class, for the purposes of this division, sections 130.1, 142 and 149 and the regulations made under paragraph a of section 130, the following rules apply:

(a)  the leasehold interest is deemed to have been disposed of by the taxpayer at that time for proceeds of disposition equal to the amount by which the capital cost of the leasehold interest, immediately before that time, exceeds the aggregate of all amounts claimed by the taxpayer in respect of the leasehold interest that were deductible under paragraph a of section 130 in computing his income for previous taxation years;

(b)  the property is deemed to be depreciable property of a prescribed class of the taxpayer acquired by him at that time and the taxpayer shall add to the capital cost of that property an amount equal to the capital cost referred to in paragraph a; and

(c)  the taxpayer shall add the aggregate referred to in paragraph a to the total depreciation allowed to the taxpayer before that time in respect of the class to which that property belongs.

1978, c. 26, s. 18; 2005, c. 23, s. 39.

97.2. Where, at any time, a taxpayer acquires a capital property that is depreciable property or real property in respect of which, before that time, the taxpayer or any person with whom he was not dealing at arm’s length was entitled to a deduction in computing his income in respect of any amount paid or payable for the use of, or the right to use, the property and the cost or the capital cost, determined without reference to this section, at that time of the property to the taxpayer is less than the fair market value thereof at that time determined without reference to any option with respect to that property, for the purposes of this division, sections 130, 130.1, 142 and 149 and any regulations made under paragraph a of section 130 or under section 130.1, the following rules apply:

(a)  the taxpayer is deemed to acquire the property at that time at a cost equal to the lesser of the fair market value of the property at that time determined without reference to any option with respect to that property, and the aggregate of the cost or the capital cost, determined without reference to this section, of the property to the taxpayer and all amounts each of which is an outlay or expense made or incurred by the taxpayer or by a person with whom he was not dealing at arm’s length at any time for the use of, or the right to use, the property, other than amounts paid or payable to a person with whom the taxpayer was not dealing at arm’s length;

(b)  the taxpayer shall add, to the total depreciation allowed to him before that time in respect of the prescribed class to which the property belongs, the amount by which the cost of the property determined under paragraph a exceeds the cost or the capital cost thereof, determined without reference to this section; and

(c)  where the property would, but for this paragraph, not be depreciable property of the taxpayer, it is deemed to be depreciable property of a separate prescribed class of the taxpayer.

1982, c. 5, s. 29.

97.3. Where, in a taxation year, a taxpayer disposes of a capital property that is an option with respect to depreciable property or real property in respect of which the taxpayer or any person with whom he is not dealing at arm’s length is entitled to a deduction in computing his income in respect of any amount paid for the use of, or the right to use, the property, for the purposes of this division, the amount, if any, by which the proceeds of disposition to the taxpayer of the option exceed his cost in respect thereof is deemed to be an excess referred to in section 94 in respect of the taxpayer for the year.

1982, c. 5, s. 29.

97.4. For the purposes of paragraph a of section 97.2 and section 97.3, where a particular corporation has been incorporated or otherwise formed after the time any other corporation, with which the particular corporation would not have been dealing at arm’s length had the particular corporation been in existence before such time, was formed, the particular corporation is deemed to have been in existence from the time of the formation of the other corporation and to have been not dealing at arm’s length with the other corporation.

1982, c. 5, s. 29; 1997, c. 3, s. 71.

97.5. Where, before the disposition of a capital property that was depreciable property of a taxpayer, the taxpayer, or any person with whom he was not dealing at arm’s length, was entitled to a deduction in computing his income in respect of any outlay or expense made or incurred for the use of, or the right to use, during a period of time, that capital property, other than an outlay or expense made or incurred by the taxpayer or a person with whom he was not dealing at arm’s length before the acquisition of the property, except where the taxpayer disposes of the property to a person with whom he is not dealing at arm’s length and that person is subject to the provisions of sections 97.2 and 97.4 with respect to the acquisition by him of the property, the following rules apply:

(a)  the person who owned the property immediately before the disposition shall at that time add to the capital cost of the property the lesser of

i.  the aggregate of all amounts, other than amounts paid or payable to the taxpayer or a person with whom the taxpayer was not dealing at arm’s length, each of which was a deductible outlay or expense made or incurred before the disposition by the taxpayer, or by a person with whom he was not dealing at arm’s length, for the use of, or the right to use, during the period of time, the property, and

ii.  the amount by which the fair market value of the property at the earlier of the expiration of the last period of time in respect of which the deductible outlay or expense referred to in subparagraph i was made or incurred, and the time of the disposition exceeds the capital cost to the taxpayer of the property immediately before that time; and

(b)  the taxpayer shall add, immediately before the disposition, to the total depreciation allowed to him before the disposition in respect of the prescribed class to which the property belongs, the amount added to the capital cost to him of the property pursuant to paragraph a.

1984, c. 15, s. 23; 1997, c. 14, s. 32.

97.6. For the purposes of section 97.5, an amount deductible by a taxpayer under paragraph g or g.1 of section 157 is deemed not to be an outlay or expense that was made or incurred by him for the use of, or the right to use, the property.

1984, c. 15, s. 23.

98. Where, in calculating the amount of a deduction allowed under section 130.1 or regulations made under paragraph a of section 130 in respect of depreciable property of a prescribed class, in this section referred to as the “particular class”, there has been added to the capital cost of depreciable property of the particular class the capital cost of depreciable property, in this section referred to as “added property”, of another prescribed class, for the purposes of this division, sections 130.1, 142 and 149 and any regulations made under paragraph a of section 130, the added property is, if the Minister so directs with respect to any taxation year for which the Minister may make any assessment, reassessment or additional assessment, in accordance with section 1010, deemed to have been, at all times before the beginning of that year, property of the particular class and not of the other class.

Except to the extent that the added property or any part thereof has been disposed of by the taxpayer before the beginning of the year, the added property is deemed to have been transferred from the particular class to the other class at the beginning of that year.

1972, c. 23, s. 88; 1974, c. 18, s. 4; 1978, c. 26, s. 19; 1997, c. 14, s. 33.

99. Subject to section 450.10, for the purposes of this division, Chapter III, sections 64 and 78.4 and any regulations made under paragraph a of section 130, the following rules apply:

(a)  where a taxpayer, having acquired property to gain income, begins at a later time to use it for some other purpose, the taxpayer is deemed to have disposed of it at that time for proceeds of disposition equal to its fair market value and to have reacquired it immediately thereafter at a cost equal to that fair market value;

(b)  subject to section 284, where a taxpayer, having acquired property for some other purpose, begins at a particular time to use it to gain income, the taxpayer is deemed to have acquired it at that time at a capital cost to the taxpayer equal to the lesser of

i.  its fair market value at that time;

ii.  the aggregate of its cost to the taxpayer at that time determined without reference to this paragraph, paragraph a and subparagraph ii of paragraph d, and, subject to section 99.1, 1/2 of the amount by which the fair market value of the property at that time exceeds the aggregate of the cost to the taxpayer of the property at that time determined without reference to this paragraph, paragraph a and subparagraph ii of paragraph d, and, subject to section 99.1, twice the amount deducted by the taxpayer under Title VI.5 of Book IV in respect of the amount by which the fair market value of the property at that time exceeds the cost to the taxpayer of the property at that time determined without reference to this paragraph, paragraph a and subparagraph ii of paragraph d;

(c)  where property has, since it was acquired by a taxpayer, been regularly used in part to gain income and in part for some other purpose, the proportion of the property acquired by the taxpayer to gain such income, the proportion of its capital cost and the proportion of the proceeds of disposition of such property, as the case may be, are deemed to be the same as the proportion that its use to gain income is of its whole use;

(d)  where there has been a change in the relation between the proportion of the use made of the property to gain income and the proportion of the use made of it for some other purpose, the following rules apply:

i.  where the proportion of the use made of the property to gain income has increased at a particular time, the taxpayer is deemed to have acquired at that time depreciable property of that class at a capital cost equal to the aggregate of the proportion of the lesser of its fair market value at that time, and its cost to the taxpayer at that time determined without reference to this subparagraph, subparagraph ii and paragraph a that the amount of the increase in the use regularly made by the taxpayer of the property to gain income is of the whole of the use regularly made of the property, and, subject to section 99.1, 1/2 of the amount by which the amount deemed under section 283 to be the taxpayer’s proceeds of disposition of the property in respect of the change in the use made of the property exceeds the aggregate of that proportion of the cost to the taxpayer of the property at that time determined without reference to this subparagraph, subparagraph ii and paragraph a, that the amount of the increase in the use regularly made by the taxpayer of the property to gain income is of the whole of the use regularly made of the property, and, subject to section 99.1, twice the amount deducted by the taxpayer under Title VI.5 of Book IV in respect of the amount by which the amount deemed under section 283 to be the taxpayer’s proceeds of disposition of the property in respect of the change in the use made of the property exceeds that proportion of the cost to the taxpayer of the property at that time determined without reference to this subparagraph, subparagraph ii and paragraph a that the amount of the increase in the use regularly made by the taxpayer of the property to gain income is of the whole of the use regularly made of the property;

i.1.  for greater certainty, where the property is a passenger vehicle in respect of which paragraph d.3 or d.4 applies, the capital cost established under subparagraph i shall in no case be greater than the proportion referred to in the said subparagraph of the capital cost of the property established under paragraph d.3 or d.4, as the case may be;

ii.  where the proportion of the use made of the property to gain income has decreased at a particular time, the taxpayer is deemed to have disposed at that time of depreciable property of that class and the proceeds of disposition are deemed to be an amount equal to the proportion of the fair market value of the property as of that time that the amount of the decrease in the use regularly made by the taxpayer of the property to gain income is of the whole of the use regularly made of it;

(d.1)  notwithstanding any other provision of this Part except section 450.10, where at any time a particular person or partnership has, in any manner whatever, acquired, otherwise than as a consequence of the death of the transferor, a depreciable property of a prescribed class, other than a timber resource property or a passenger vehicle in respect of which paragraph d.3 or d.4 or section 525.1 applies, from a transferor being a person or partnership with whom the particular person or partnership did not deal at arm’s length and the property was, immediately before the transfer, a capital property of the transferor, the following rules apply:

i.  where the transferor was an individual resident in Canada or a partnership any member of which was either an individual resident in Canada or another partnership and the cost of the property to the particular person or partnership at that time determined without reference to this paragraph exceeds the cost or, where the property was depreciable property, the capital cost of the property to the transferor immediately before the transferor disposed of it, the capital cost of the property to the particular person or partnership at that time is deemed to be the amount, in this subparagraph referred to as “the particular amount”, that is equal to the aggregate of the cost or capital cost, as the case may be, of the property to the transferor immediately before that time and, subject to section 99.1, 1/2 of the amount by which the transferor’s proceeds of disposition of the property exceed the aggregate of the cost or capital cost, as the case may be, of the property to the transferor immediately before that time, the amount required by section 726.9.4 to be deducted in computing the capital cost to the particular person or partnership of the property at that time, and, subject to section 99.1, twice the amount deducted by any person under Title VI.5 of Book IV in respect of the amount by which the transferor’s proceeds of disposition of the property exceed the cost or capital cost, as the case may be, of the property to the transferor immediately before that time and, for the purposes of paragraph b and subparagraph i of paragraph d, the cost of the property to the particular person or partnership is deemed to be equal to the particular amount,

ii.  where the transferor was not a transferor described in subparagraph i, the rules provided in that subparagraph, which shall be read as if the reference therein to “exceed the aggregate of the cost or capital cost” were a reference to “exceed the cost or capital cost” and without reference to “, the amount required by section 726.9.4 to be deducted in computing the capital cost to the particular person or partnership of the property at that time, and, subject to section 99.1, twice the amount deducted by any person under Title VI.5 of Book IV in respect of the amount by which the transferor’s proceeds of disposition of the property exceed the cost or capital cost, as the case may be, of the property to the transferor immediately before that time”, apply in the same manner, and

iii.  where the cost or capital cost, as the case may be, of the property to the transferor immediately before the transferor disposed of it exceeds the capital cost of the property to the particular person or partnership at that time determined without reference to this paragraph, the capital cost of the property to the particular person or partnership at that time is deemed to be an amount equal to the cost or capital cost, as the case may be, of the property to the transferor immediately before the transferor disposed of it and the excess is deemed to have been allowed as depreciation to the particular person or partnership in respect of the property under regulations made under paragraph a of section 130 in computing the income of the particular person or partnership for taxation years ending before the acquisition of the property by the particular person or partnership;

(d.1.1)  where a taxpayer is deemed by subparagraph a of the first paragraph of section 726.9.2 to have disposed of and reacquired a property that immediately before the disposition was a depreciable property, the taxpayer is deemed to have acquired the property from himself, herself or itself and, in so having acquired the property, not to have been dealing with himself, herself or itself at arm’s length;

(d.2)  where a corporation is deemed under subparagraph c of the second paragraph of section 736 to have disposed of and reacquired depreciable property, other than a timber resource property, the capital cost to the corporation of the property at the time of the reacquisition is deemed to be the amount that is equal to the aggregate of

i.  the capital cost to the corporation of the property at the time of the disposition, and

ii.  subject to section 99.1, 1/2 of the amount by which the corporation’s proceeds of disposition of the property exceed the capital cost to the corporation of the property at the time of the disposition;

(d.3)  where the cost to a taxpayer of a passenger vehicle exceeds $20,000 or such other amount as may be prescribed, the capital cost to the taxpayer of the passenger vehicle is deemed to be equal to $20,000 or to that other amount, as the case may be;

(d.4)  notwithstanding paragraph d.3, where a passenger vehicle is acquired at any time by a taxpayer from a person with whom the taxpayer does not deal at arm’s length and this paragraph, paragraph d.3 or section 525.1 applies to the person in respect of that passenger vehicle, the capital cost thereof to the taxpayer is deemed to be equal to the least of the following amounts:

i.  the fair market value of the passenger vehicle at that time,

ii.  the amount that immediately before that time was the cost amount to that person of the passenger vehicle minus, as the case may be, the amount deducted by that person under paragraph a of section 130 in respect of the passenger vehicle in computing income for that person’s taxation year in which that person disposed of the passenger vehicle, and

iii.  $20,000 or such other amount as may be prescribed for the purposes of paragraph d.3;

(e)  for the purposes of this Part, a taxpayer who has acquired prescribed property between 3 December 1970 and 1 April 1972 for use in a prescribed manufacturing or processing business carried on by the taxpayer, is deemed to have acquired that property at a capital cost equal to 115% of the amount that, but for this paragraph and section 180, would have been the capital cost of that property, if that property was not used for any purpose whatever before it was acquired by the taxpayer;

(f)  where any part of a self-contained domestic establishment, in this paragraph referred to as the “work space”, in which an individual resides is the principal place of business of the individual or a partnership of which the individual is a member, or is used exclusively for the purpose of earning income from a business and on a regular and continuous basis for meeting clients, customers or patients of the individual or partnership in the course of the business, as the case may be, except a work space that relates to the operation of a private residential home or a tourist accommodation establishment that is a tourist home, bed and breakfast establishment or participating establishment in a hospitality village, within the meaning of the regulations made under the Act respecting tourist accommodation establishments (chapter E-14.2), where the individual or partnership holds a classification certificate of the appropriate class to which the tourist accommodation establishment belongs, issued under that Act, or is a participant in a hospitality village covered by such a classification certificate, the following rules apply:

i.  the capital cost at any time of the work space to the individual or partnership is deemed to be equal to the aggregate of

(1)  50% of the portion of the capital cost of the work space to the individual or partnership, determined without reference to this subparagraph i, that cannot reasonably be considered to be attributable to the amount of an expenditure of a capital nature relating solely to the work space that the individual or partnership made before that time, and

(2)  the portion of the capital cost of the work space to the individual or partnership, determined without reference to this subparagraph i, that may reasonably be considered to be attributable to the amount of an expenditure of a capital nature relating solely to the work space that the individual or partnership made before that time,

ii.  the proceeds of disposition of the work space to the individual or partnership, reduced by the total of all expenditures made or incurred by the individual or partnership for the purpose of making the disposition, are deemed to be equal to the aggregate of

(1)  50% of such proportion of the proceeds of disposition to the individual or partnership of the work space so reduced, determined without reference to this subparagraph ii, as the portion of the capital cost of the work space to the individual or partnership immediately before the disposition, determined without reference to this paragraph, that cannot reasonably be considered to be attributable to the amount of an expenditure of a capital nature relating solely to the work space that the individual or partnership made is of the capital cost of the work space to the individual or partnership immediately before the disposition, determined without reference to this paragraph, and

(2)  such proportion of the proceeds of disposition to the individual or partnership of the work space so reduced, determined without reference to this subparagraph ii, as the portion of the capital cost of the work space to the individual or partnership immediately before the disposition, determined without reference to this paragraph, that may reasonably be considered to be attributable to the amount of an expenditure of a capital nature relating solely to the work space that the individual or partnership made is of the capital cost of the work space to the individual or partnership immediately before the disposition, determined without reference to this paragraph, and

iii.  each of the amounts that increased or reduced the undepreciated capital cost to an individual or a partnership of the class that includes the work space, for a taxation year or a fiscal period, as the case may be, that begins before 10 May 1996, otherwise than because of subparagraph i of subparagraph e of the first paragraph of section 93 or subparagraph c of the second paragraph of that section, to the extent that it may reasonably be considered that the amount is attributable to an expenditure of a capital nature which does not relate solely to the work space that the individual or partnership made, is deemed, for a taxation year or a fiscal period, as the case may be, that begins after 9 May 1996, to be equal to 50% of that amount.

1972, c. 23, s. 89; 1975, c. 22, s. 13; 1977, c. 26, s. 14; 1978, c. 26, s. 20; 1987, c. 67, s. 24; 1989, c. 77, s. 17; 1990, c. 59, s. 55; 1993, c. 16, s. 58; 1994, c. 22, s. 73; 1995, c. 49, s. 37; 1996, c. 39, s. 30; 1997, c. 3, s. 71; 1998, c. 16, s. 86; 2000, c. 5, s. 34; 2000, c. 39, s. 10; 2001, c. 53, s. 33; 2003, c. 2, s. 34; 2006, c. 13, s. 28.

99.1. For the purposes of paragraphs b, d, d.1 and d.2 of section 99, the rules provided for in the second paragraph apply where

(a)  in the case of paragraphs b and d, the change in use of property occurs during a taxpayer’s taxation year that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000;

(b)  in the case of paragraph d.1, the acquisition of property occurs during a transferor’s taxation year that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000; and

(c)  in the case of paragraph d.2, the acquisition of property occurs during a corporation’s taxation year that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000.

The fraction “1/2” and the word “twice” in paragraphs b, d and d.1 of section 99, and the fraction “1/2” in paragraph d.2 of that section shall be replaced, with the necessary modifications, by

(a)  in the case of the fraction “1/2” in paragraphs b and d, the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year in which the change in use of property occurs;

(b)  in the case of the fraction “1/2” in paragraph d.1, the fraction in paragraphs a to d of section 231.0.1 that applies to the transferor of the property for the year in which the transferor disposed of the property;

(c)  in the case of the fraction “1/2” in paragraph d.2, the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation for the year in which the acquisition of the property occurs;

(d)  in the case of the word “twice” in paragraphs b and d, the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year in which the change in use of property occurs; and

(e)  in the case of the word “twice” in paragraph d.1, the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the transferor of the property for the year in which the transferor disposed of the property.

2003, c. 2, s. 35.

100. For the purposes of paragraphs a to d of section 99, where a taxpayer is not resident in Canada, the expression “to gain income”, in relation to a business, shall be construed as meaning to gain income from a business wholly carried on in Canada or from such part of a business as is so carried on.

1972, c. 23, s. 90; 1990, c. 59, s. 56.

101. For the purposes of this Part, where the capital cost to a taxpayer of a depreciable property was reduced, because of sections 485 to 485.18 or a taxpayer deducted a particular amount, other than a prescribed amount, under subsection 5 or 6 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of a depreciable property in computing his tax payable under the said Act or received or is entitled to receive assistance, other than prescribed assistance, from a government, municipality or other public authority in respect of, or for the acquisition of, depreciable property, whether as a subsidy, grant, forgivable loan, deduction from tax, investment allowance or as any other form, the capital cost of the property to the taxpayer at any particular time is deemed to be the amount by which the aggregate of the capital cost of the property, determined without reference to this section and sections 101.6, 101.7 and 485 to 485.18 and the amount of the assistance, in respect of that property, repaid by the taxpayer, pursuant to an obligation to do so, before the disposition of the property and before the particular time, exceeds the aggregate of

(a)  where the property was acquired in a taxation year ending before the particular time, all particular amounts deducted under the said subsections 5 and 6 by the taxpayer, in respect of that property, for a taxation year ending before the particular time and before the disposition of that property;

(b)  the amount of assistance the taxpayer has received or is entitled, before the particular time, to receive in respect of that property before the disposition thereof; and

(c)  any amount by which the capital cost of the property to the taxpayer is required, because of sections 485 to 485.18, to be reduced at or before that particular time.

1975, c. 22, s. 14; 1982, c. 5, s. 30; 1987, c. 67, s. 25; 1990, c. 59, s. 57; 1992, c. 1, s. 24; 1996, c. 39, s. 31; 2001, c. 53, s. 260.

101.1. For the purposes of subparagraph a of the second paragraph of section 93, an insurer is deemed to have deducted for depreciation for property of a prescribed class under regulations made under paragraph a of section 130 in computing its income for taxation years before its 1977 taxation year, an amount equal to that prescribed by regulation.

1978, c. 26, s. 21; 2001, c. 53, s. 34.

101.2. For the purposes of subparagraph a of the second paragraph of section 93, a life insurer is deemed to have deducted for depreciation for property of a prescribed class under the regulations made under paragraph a of section 130, in computing its income for taxation years before its taxation year 1978, an amount equal to the amount provided for by regulation.

1978, c. 26, s. 21; 2001, c. 53, s. 35.

101.3. For the purposes of section 101, where a prescribed amount must be taken into account to determine a prescribed tax deduction to which a member of a partnership or beneficiary of a trust, as the case may be, is entitled at the end of his taxation year, such portion of that amount as can reasonably be considered to relate to depreciable property is deemed to have been received by the partnership or trust, as the case may be, at the end of its fiscal period ending in that taxation year, as assistance from a government for the acquisition of depreciable property.

1982, c. 5, s. 31; 1984, c. 15, s. 24; 1997, c. 3, s. 71; 1997, c. 31, s. 13.

101.4. For the purposes of section 101, where at a particular time a taxpayer who is a beneficiary of a trust or a member of a partnership has received or is entitled to receive assistance from a government, municipality or other public authority whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance, the amount of the assistance that may reasonably be considered to be in respect of, or for the acquisition of, depreciable property of the trust or partnership is deemed to have been received at that time by the trust or partnership, as the case may be, as assistance from the government, municipality or other public authority for the acquisition of depreciable property.

1986, c. 19, s. 21; 1997, c. 3, s. 71; 1997, c. 14, s. 34; 2001, c. 53, s. 260.

101.5. For the purposes of paragraph d.1 of section 99, two corporations are deemed not to be related to each other at a particular time where, but for this section, they would be related to one another by reason of their being controlled by the same trustee, liquidator of a succession or executor and it is established that

(a)  the trustee, liquidator of a succession or executor did not acquire control of the corporations as a result of one or more trusts or successions created by the same individual or by two or more individuals not dealing with each other at arm’s length; and

(b)  the trust or succession under which the trustee, liquidator of a succession or executor acquired control of each of the corporations arose only on the death of the individual creating the trust or succession.

1987, c. 67, s. 26; 1994, c. 22, s. 74; 1997, c. 3, s. 71; 1998, c. 16, s. 87; 2005, c. 1, s. 34.

101.6. Notwithstanding section 101, where a taxpayer has in a taxation year received an amount that would, but for this section, be included in his income under paragraph w of section 87 in respect of the cost of a depreciable property acquired by him in the year, in the three taxation years immediately preceding the year or in the taxation year immediately following the year, he may elect under this section on or before his filing-due date for the year, or, where the property is acquired in the taxation year immediately following the year, for that following year, that the capital cost of the property to him be deemed to be the amount by which the aggregate of the following amounts exceeds the amount elected by him under this section:

(a)  the capital cost of the property to him otherwise determined, applying section 101, where necessary;

(b)  such part, if any, of the amount so received by the taxpayer as has been repaid by him pursuant to a legal obligation to repay all or any part of that amount, in respect of that property and before the disposition thereof by him, and as may reasonably be considered to be in respect of the amount elected under this section in respect of the property.

1987, c. 67, s. 26; 1993, c. 16, s. 59; 1997, c. 31, s. 14.

101.7. For the purposes of section 101.6, in no case shall the amount elected by the taxpayer under this section exceed the least of

(a)  the amount received by the taxpayer and to which that section refers;

(b)  the capital cost of the property to the taxpayer otherwise determined;

(c)  where the taxpayer has disposed of the property before the year, nil.

1987, c. 67, s. 26.

101.8. For the purposes of this Part,

(a)  where a taxpayer, to acquire a property prescribed in respect of the taxpayer, is required under the terms of a contract entered into after 6 March 1996 to make a payment to the State, to Her Majesty in right of Canada or a province, other than Québec, or to a Canadian municipality in respect of costs incurred or to be incurred by the recipient of the payment, the taxpayer is deemed to have acquired the property at the later of the time the payment is made and the time at which those costs are incurred at a capital cost equal to the portion of that payment made by the taxpayer that can reasonably be regarded as being in respect of those costs;

(b)  where at any time after 6 March 1996 a taxpayer incurs a cost on account of capital for the building of, for the right to use or in respect of, a prescribed property, and the amount of the cost would, if this paragraph did not apply, not be included in the capital cost to the taxpayer of depreciable property of a prescribed class, the taxpayer is deemed to have acquired the property at that time at a capital cost equal to the amount of the cost;

(c)  where a taxpayer acquires an incorporeal property as a consequence of making a payment to which subparagraph a of this paragraph applies or incurring a cost to which subparagraph b of this paragraph applies,

i.  the property referred to in subparagraph a or b of this paragraph is deemed to include the incorporeal property, and

ii.  the portion of the capital cost referred to in subparagraph a or b of this paragraph that applies to the incorporeal property is deemed to be equal to the amount determined by the formula

A × B / C;

(d)  any property deemed by subparagraph a or b of this paragraph to have been acquired at any time by a taxpayer as a consequence of making a payment or incurring a cost is deemed

i.  to have been acquired for the purpose for which the payment was made or the cost was incurred, and

ii.  to be owned by the taxpayer at any subsequent time that the taxpayer benefits from the property.

In the formula provided for in subparagraph ii of subparagraph c of the first paragraph,

(a)  A is the lesser of the amount of the payment made or cost incurred and the amount described in subparagraph c of this paragraph;

(b)  B is the fair market value of the incorporeal property at the time the payment was made or the cost was incurred; and

(c)  C is the fair market value at the time the payment was made or the cost was incurred of all incorporeal properties acquired as a consequence of making the payment or incurring the cost.

1998, c. 16, s. 88; 2001, c. 7, s. 169; 2005, c. 1, s. 35.

102. For the purposes of this division, every deduction as amortization made under section 64 or 78.4, section 12 of the Corporation Tax Act (Revised Statutes, 1964, chapter 67) or section 13 of the Provincial Income Tax Act (Revised Statutes, 1964, chapter 69) is deemed to have been made in accordance with the regulations made under paragraph a of section 130.

1972, c. 23, s. 91; 1972, c. 26, s. 41; 1987, c. 21, s. 12; 1990, c. 59, s. 58.

103. The amount deducted under section 155 or for which a deduction is made under section 156 is deemed, if it is a payment on account of the capital cost of depreciable property, to have been allowed the taxpayer in respect of such property, under regulations made under paragraph a of section 130, in computing his income for the year, or for the year in which the property was acquired, whichever is more recent.

1972, c. 23, s. 92.

104. The rules contained in this division apply to the disposition of a vessel that is a depreciable property, subject to the regulations.

1972, c. 23, s. 93.

DIVISION II.I INCLUSIONS IN RESPECT OF CERTAIN INVESTMENTS

1989, c. 5, s. 35.

104.1. Where an amount in respect of depreciable property of a prescribed class is included under section 94 in computing the income for a taxation year of a taxpayer, whether that taxpayer is an individual or a corporation, and an amount was deducted or is deemed, pursuant to section 104.3, to have been deducted under section 156.1 or 156.1.1 in respect of that property in computing the taxpayer’s income from a business for a preceding taxation year, there shall be included in computing the taxpayer’s income from a business for the year an amount equal to the product obtained by multiplying the aggregate of the amounts determined in accordance with any of sections 156.2 to 156.3.1 in respect of the property for a preceding taxation year by the amount determined by the formula

A / B × C / D.

For the purposes of the formula provided in the first paragraph,

(a)  the letter A represents the amount included under section 94 in computing the income of the taxpayer for the year in respect of the property referred to in the first paragraph;

(b)  the letter B represents the total depreciation, within the meaning of subparagraph b of the first paragraph of section 93, allowed to the taxpayer in respect of the property referred to in the first paragraph;

(c)  the letter C represents

i.  where the taxpayer is an individual, the aggregate of the income earned in Québec and elsewhere by the individual for the year;

ii.  where the taxpayer is a corporation, the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year;

(d)  the letter D represents

i.  where the taxpayer is an individual, the income earned in Québec by the individual for the year;

ii.  where the taxpayer is a corporation, the business carried on in Québec by the corporation in the year.

1989, c. 5, s. 35; 1993, c. 16, s. 60; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1999, c. 83, s. 31; 2001, c. 53, s. 36.

104.1.1. A partnership shall include in computing the partnership’s income from a business for a fiscal period, in this section referred to as the “particular fiscal period”, the amount determined under the second paragraph, if

(a)  an amount in respect of depreciable property of a prescribed class is included under section 94 in computing the partnership’s income for the particular fiscal period; and

(b)  an amount was deducted or is deemed, pursuant to section 104.3, to have been deducted, in respect of the property referred to in subparagraph a, in computing the partnership’s income from a business for a fiscal period preceding the particular fiscal period under any of sections 156.1 and 156.1.1.

The amount to which the first paragraph refers that the partnership is required to include in computing its income for the particular fiscal period is equal to the amount determined by the formula

A × B / C.

In the formula provided for in the second paragraph,

(a)  A is the product obtained by multiplying the aggregate of the amounts determined under any of sections 156.2 to 156.3.1, in respect of the depreciable property for a fiscal period preceding the particular fiscal period, by the quotient obtained by dividing the amount included in computing the partnership’s income for the particular fiscal period under section 94 in respect of the property by the total depreciation, within the meaning of subparagraph b of the first paragraph of section 93, allowed to the partnership in respect of the property;

(b)  B is the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the particular fiscal period;

(c)  C is the business carried on in Québec by the partnership in the particular fiscal period.

1993, c. 16, s. 61; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1999, c. 83, s. 32; 2001, c. 53, s. 37.

104.2. For the purposes of sections 104.1 and 104.1.1, the following rules apply:

(a)  the computation of income earned in Québec and of income earned in Québec and elsewhere is made in the manner prescribed in the regulations made pursuant to section 22, with the necessary modifications; and

(b)  the computation of business carried on in Canada, of business carried on in Québec and of business carried on in Québec and elsewhere by a corporation is made in the manner prescribed by the regulations made pursuant to section 771, with the necessary modifications, and the computation of business carried on in Canada, of business carried on in Québec and of business carried on in Québec and elsewhere by a partnership is made in the manner so prescribed by those regulations, with the necessary modifications, as if the partnership were a corporation and its fiscal period were a taxation year.

1989, c. 5, s. 35; 1993, c. 16, s. 62; 1995, c. 1, s. 22; 1995, c. 63, s. 261; 2001, c. 53, s. 38.

104.3. For the purposes of this division, where at any time a taxpayer or a partnership has, in any manner whatever, acquired depreciable property of a prescribed class from a transferor, any of sections 7.6, 99, 439, 444, 450, 455, 462, 527, 565, 617, 624, 630, 688, 690.1 to 690.3 and 832.4 applied in respect of the acquisition, the property was, immediately before its acquisition by the taxpayer or the partnership, a capital property of the transferor and an amount was deducted under section 156.1 or 156.1.1 in respect of the property in computing the income of the transferor for any taxation year or fiscal period, the taxpayer or the partnership, as the case may be, is deemed to have deducted under section 156.1 or 156.1.1, as the case may be, in respect of the property in computing his or its income from a business for the taxation years or the fiscal periods preceding the taxation year or the fiscal period in which the taxpayer or the partnership, as the case may be, acquired the property, an amount equal to the amount so allowed as a deduction under those sections 156.1 and 156.1.1 in respect of the property in computing the income of the transferor.

1989, c. 5, s. 35; 1993, c. 16, s. 63; 1999, c. 83, s. 33.

DIVISION II.2 AMOUNT TO BE INCLUDED IN RESPECT OF THE SUPPLEMENTARY DEDUCTION FOR CERTAIN INVESTMENTS

2000, c. 39, s. 11.

104.4. A taxpayer, who is an individual or a corporation, shall include in computing the taxpayer’s income for a taxation year from a business the amount referred to in the second paragraph, if

(a)  an amount was deducted, in respect of depreciable property of a prescribed class, in computing the taxpayer’s income from a business for a preceding taxation year under section 156.5; and

(b)  an amount in respect of the depreciable property, in this section referred to as the “particular amount”, that is an amount of assistance described in section 101 or an amount deducted by the taxpayer in respect of the property under subsection 5 or 6 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is taken into account for the first time for the purpose of determining, at any time in the year, the capital cost to the taxpayer of the property or the undepreciated capital cost of the taxpayer’s property of that class.

The amount referred to in the first paragraph that the taxpayer is required to include in computing the taxpayer’s income for the year is equal to 25% of the amount determined by the formula

A × (B / C).

In the formula provided for in the second paragraph,

(a)  A is the lesser of

i.  the aggregate of all amounts each of which is, for the taxpayer, a particular amount in respect of the depreciable property for the year, and

ii.  the amount included in computing the taxpayer’s income for the year under section 94 in respect of the depreciable property;

(b)  B is

i.  where the taxpayer is an individual, the aggregate of the individual’s income earned in Québec and elsewhere for the year, and

ii.  where the taxpayer is a corporation, the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year; and

(c)  C is

i.  where the taxpayer is an individual, the individual’s income earned in Québec for the year, and

ii.  where the taxpayer is a corporation, the business carried on in Québec by the corporation in the year.

2000, c. 39, s. 11.

104.5. A partnership shall include in computing the partnership’s income from a business for a fiscal period, in this section referred to as the “particular period”, the amount referred to in the second paragraph, if

(a)  an amount was deducted, in respect of depreciable property of a prescribed class, in computing the partnership’s income from a business for a preceding fiscal period under section 156.5.1; and

(b)  an amount in respect of the depreciable property, in this section referred to as the “particular amount”, that is an amount of assistance described in section 101 or an amount that is deemed to be such an amount of assistance because of the application of section 101.3 or 101.4, is taken into account for the first time for the purpose of determining, at any time in the particular period, the capital cost to the partnership of the property or the undepreciated capital cost of the partnership’s property of that class.

The amount to which the first paragraph refers that the partnership is required to include in computing its income for the particular period is equal to 25% of the amount determined by the formula

A × B / C.

In the formula provided for in the second paragraph,

(a)  A is the lesser of

i.  the aggregate of all amounts each of which is, for the partnership, a particular amount in respect of the depreciable property for the particular period, and

ii.  the amount included in computing the partnership’s income for the particular period under section 94 in respect of the depreciable property;

(b)  B is the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the particular period; and

(c)  C is the business carried on in Québec by the partnership in the particular period.

2000, c. 39, s. 11.

104.6. For the purposes of sections 104.4 and 104.5, the following rules apply:

(a)  the computation of income earned in Québec and of income earned in Québec and elsewhere is made in the manner prescribed in the regulations made pursuant to section 22, with the necessary modifications; and

(b)  the computation of business carried on in Canada, of business carried on in Québec and of business carried on in Québec and elsewhere by a corporation is made in the manner prescribed by the regulations made pursuant to subsection 2 of section 771, with the necessary modifications, and the computation of business carried on in Canada, of business carried on in Québec and of business carried on in Québec and elsewhere by a partnership is made in the manner so prescribed by those regulations, with the necessary modifications, as if the partnership were a corporation and its fiscal period were a taxation year.

2000, c. 39, s. 11.

DIVISION III DISPOSITION OF INCORPOREAL PROPERTY

1972, c. 23; 2005, c. 1, s. 36.

105. Where, at the end of a taxation year, the amount determined under the second paragraph of section 107 in respect of a business of a taxpayer exceeds the aggregate of all amounts each of which is an amount determined under any of subparagraphs a to d of the first paragraph of that section in respect of that business, there shall be included in computing the taxpayer’s income from the business for the year the total of

(a)  the lesser of the excess and the amount determined at the end of the year in respect of the business under subparagraph a of the second paragraph of section 107; and

(b)  the amount determined by the formula provided for in section 105.2.

1972, c. 23, s. 94; 1978, c. 26, s. 22; 1990, c. 59, s. 59; 1993, c. 16, s. 64; 1994, c. 22, s. 75; 1996, c. 39, s. 32; 1997, c. 3, s. 71; 2000, c. 5, s. 35; 2003, c. 2, s. 36.

105.1. (Repealed).

1995, c. 49, s. 38; 2003, c. 2, s. 37.

105.2. The formula to which paragraph b of section 105 refers is the following:

2/3 × [A − (B + C + D)].

For the purposes of the formula in the first paragraph,

(a)  A is the excess referred to in section 105;

(b)  B is the amount determined under subparagraph a of the second paragraph of section 107 at the end of the year in respect of the business;

(c)  C is 1/2 of the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 at the end of the year in respect of the business; and

(d)  D is, where the taxpayer was resident in Canada throughout the year, the amount claimed by the taxpayer, not exceeding the taxpayer’s exempt gains balance in respect of the business for the year determined in accordance with section 107.2 and, in any other case, nil.

For the purposes of subparagraph d of the second paragraph, an individual who is resident in Canada at any time in a taxation year is deemed to be resident in Canada throughout the year if the individual is resident in Canada throughout the preceding taxation year or the following taxation year.

1996, c. 39, s. 33; 2003, c. 2, s. 38.

105.2.1. A taxpayer may, in the taxpayer’s fiscal return filed for a taxation year in accordance with section 1000, or with an election under section 502 filed on or before the taxpayer’s filing-due date for the year, elect to have the rules set out in the second paragraph apply to a disposition made at any time in the year of a property that is an incorporeal capital property in respect of a business, if

(a)  the taxpayer’s actual proceeds of disposition exceed the incorporeal capital amount in respect of the acquisition of the property;

(b)  that incorporeal capital amount can be determined; and

(c)  for a taxpayer who is an individual, the taxpayer’s exempt gains balance in respect of the business for the year determined in accordance with section 107.2 is nil.

The rules to which the first paragraph refers are the following:

(a)  for the purposes of section 107, excluding the amount determined under subparagraph a of the first paragraph of section 107, the proceeds of disposition of the property are deemed to be equal to that incorporeal capital amount;

(b)  the taxpayer is deemed to have disposed at that time of a capital property that had, immediately before that time, an adjusted cost base to the taxpayer equal to that incorporeal capital amount, for proceeds of disposition equal to the actual proceeds referred to in subparagraph a of the first paragraph; and

(c)  where the incorporeal capital property is at that time a qualified farm property or a qualified fishing property of the taxpayer, within the meaning assigned to those expressions by section 726.6, the capital property deemed to have been disposed of by the taxpayer as a consequence of the application of subparagraph b is deemed to be at that time a qualified farm property or a qualified fishing property of the taxpayer.

2003, c. 2, s. 39; 2004, c. 21, s. 54; 2005, c. 1, s. 37; 2007, c. 12, s. 35.

105.2.2. A taxpayer may, in the taxpayer’s fiscal return filed for a taxation year in accordance with section 1000, or with an election under section 502 filed on or before the taxpayer’s filing-due date for the year, elect to have the rules set out in the second paragraph apply, if at any time in the year the taxpayer disposes of a property that is an incorporeal capital property in respect of which an amount was payable or disbursed to acquire the property before 1972, which amount would have been an incorporeal capital amount had it been payable or disbursed as a result of a transaction that occurred after 1971, and

(a)  the actual proceeds of disposition exceed the total amount payable or disbursed;

(b)  the total amount payable or disbursed can be determined;

(c)  section 36 of the Act respecting the application of the Taxation Act (chapter I-4) applies in respect of the disposition of that property; and

(d)  for a taxpayer who is an individual, the taxpayer’s exempt gains balance in respect of a business for the year determined under section 107.2 is nil.

The rules to which the first paragraph refers are the following:

(a)  for the purposes of section 107, excluding an amount determined under subparagraph a of the first paragraph of section 107, the proceeds of disposition of the property are deemed to be nil;

(b)  the taxpayer is deemed to have disposed at that time of a capital property that had, immediately before that time, an adjusted cost base to the taxpayer equal to nil, for proceeds of disposition equal to the amount determined, in respect of the disposition, under section 36 of the Act respecting the application of the Taxation Act; and

(c)  if the incorporeal capital property is at that time a qualified farm property or a qualified fishing property of the taxpayer, within the meaning assigned to those expressions by section 726.6, the capital property deemed to have been disposed of by the taxpayer as a consequence of the application of subparagraph b is deemed to be at that time a qualified farm property or a qualified fishing property of the taxpayer.

2007, c. 12, s. 36.

105.2.3. Sections 105.2.1 and 105.2.2 do not apply to a disposition by a taxpayer of a property

(a)  that is goodwill; or

(b)  that was acquired by the taxpayer

i.  in circumstances where an election was made under section 518 or under the first paragraph of section 529 and the amount agreed on in that election in respect of the property was less than the fair market value of the property at the time it was so acquired, and

ii.  from a person or partnership with whom or with which the taxpayer was not dealing at arm’s length and for which the incorporeal capital amount in respect of the acquisition of the property cannot be determined.

2007, c. 12, s. 36.

105.3. For the purposes of Title VI.5 of Book IV and of paragraph b of section 28 as it applies for the purposes of that Title, an amount included under paragraph b of section 105 in computing a taxpayer’s income for a particular taxation year from a business is deemed to be a taxable capital gain of the taxpayer for the year from the disposition in the year of qualified farm property, within the meaning of section 726.6, to the extent of the lesser of

(a)  the amount included under paragraph b of section 105 in computing the taxpayer’s income for the particular year from the business; and

(b)  the amount determined by the formula

A − B.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the amount by which the aggregate of the following amounts exceeds the amount determined under the third paragraph:

i.  3/4 of the aggregate of all amounts each of which is the taxpayer’s proceeds from a disposition in a preceding taxation year that begins after 31 December 1987 but that ends before 28 February 2000 of incorporeal capital property in respect of the business that, at the time of disposition, was a qualified farm property of the taxpayer,

ii.  2/3 of the aggregate of all amounts each of which is the taxpayer’s proceeds from a disposition in the particular year or a preceding taxation year that ends after 27 February 2000 but before 18 October 2000 of incorporeal capital property in respect of the business that, at the time of the disposition, was a qualified farm property of the taxpayer, and

iii.  1/2 of the aggregate of all amounts each of which is the taxpayer’s proceeds from a disposition in the particular year or a preceding taxation year that ends after 17 October 2000 of incorporeal capital property in respect of the business that, at the time of the disposition, was a qualified farm property of the taxpayer;

(b)  B is the aggregate of all amounts each of which is

i.  that portion of an amount deemed under subparagraph ii of paragraph a of section 105, as it applied in respect of the business to a fiscal period that begins after 31 December 1987 and ends before 23 February 1994, to be a taxable capital gain of the taxpayer that may reasonably be attributed to a disposition of a qualified farm property of the taxpayer, or

ii.  an amount deemed under this division to be a taxable capital gain of the taxpayer for a taxation year preceding the particular year from the disposition of qualified farm property of the taxpayer.

The amount to which subparagraph a of the second paragraph refers is the aggregate of

(a)  3/4 of the aggregate of all amounts each of which is

i.  an incorporeal capital amount of the taxpayer in respect of the business that is payable or disbursed in relation to a qualified farm property disposed of by the taxpayer in a preceding taxation year that begins after 31 December 1987 but that ends before 28 February 2000, or

ii.  an outlay or expense of the taxpayer that was not deductible in computing the taxpayer’s income and was made or incurred for the purpose of making a disposition referred to in subparagraph i;

(b)  2/3 of the aggregate of all amounts each of which is

i.  an incorporeal capital amount of the taxpayer in respect of the business that is payable or disbursed in relation to a qualified farm property disposed of by the taxpayer in the particular year or a preceding taxation year that ends after 27 February 2000 but before 18 October 2000, or

ii.  an outlay or expense of the taxpayer that was not deductible in computing the taxpayer’s income and was made or incurred for the purpose of making a disposition referred to in subparagraph i; and

(c)  1/2 of the aggregate of all amounts each of which is

i.  an incorporeal capital amount of the taxpayer in respect of the business that is payable or disbursed in relation to a qualified farm property disposed of by the taxpayer in the particular year or a preceding taxation year that ends after 17 October 2000, or

ii.  an outlay or expense of the taxpayer that was not deductible in computing the taxpayer’s income and was made or incurred for the purpose of making a disposition referred to in subparagraph i.

2000, c. 5, s. 36; 2003, c. 2, s. 40; 2005, c. 1, s. 38.

105.4. For the purposes of Title VI.5 of Book IV and of paragraph b of section 28 as it applies for the purposes of that Title, an amount included under paragraph b of section 105 in computing a taxpayer’s income for a particular taxation year from a fishing business is deemed to be a taxable capital gain of the taxpayer for the year from the disposition in the year of qualified fishing property, within the meaning of section 726.6, to the extent of the lesser of

(a)  the amount included under paragraph b of section 105 in computing the taxpayer’s income for the particular year from the fishing business; and

(b)  the amount determined by the formula

A − B.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the amount by which 1/2 of the aggregate of all amounts each of which is the taxpayer’s proceeds from a disposition, after 10 December 2002, in the particular year or a preceding taxation year of incorporeal capital property in respect of the fishing business that, at the time of the disposition, was a qualified fishing property of the taxpayer, exceeds the amount determined under the third paragraph; and

(b)  B is the aggregate of all amounts each of which is an amount deemed under this division to be a taxable capital gain of the taxpayer for a taxation year preceding the particular year from the disposition of qualified fishing property of the taxpayer.

The amount to which subparagraph a of the second paragraph refers is 1/2 of the aggregate of all amounts each of which is

(a)  an incorporeal capital amount of the taxpayer in respect of the fishing business that is payable or disbursed in relation to a qualified fishing property disposed of by the taxpayer, after 10 December 2002, in the particular year or a preceding taxation year; or

(b)  an outlay or expense of the taxpayer that was not deductible in computing the taxpayer’s income and was made or incurred for the purpose of making a disposition referred to in subparagraph a.

2004, c. 21, s. 55; 2005, c. 1, s. 39; 2007, c. 12, s. 37.

106. (1)  The incorporeal capital amount of a taxpayer in respect of a business is the amount payable or disbursed, as a result of a transaction occurring after 1971, on account of capital to gain income from the business.

(2)  The incorporeal capital amount shall not however include an amount payable or disbursed:

(a)  in respect of which any amount is or would be, but for the provisions of this Part limiting the quantum of a deduction, deductible otherwise than under paragraph b of section 130 in computing his income from the business, or in respect of which any amount is, under a provision of this Part other than section 129, not deductible in computing such income;

(b)  to gain income that is exempt income;

(c)  that is the cost of, or any part of the cost of corporeal property of the taxpayer, his incorporeal property that is depreciable property, his property in respect of which a deduction other than that provided in paragraph b of section 130 is permitted in computing his income from the business, or would be so permitted if his income from the business were sufficient for that purpose, or of an interest in, or right to acquire such property;

(d)  to a creditor of the taxpayer as payment of a debt or as redemption, cancellation or purchase of any bond or debenture;

(e)  to a person as a shareholder of the corporation where the taxpayer is a corporation; or

(f)  that is the cost or any part of the cost of an interest in a trust or partnership, a share, bond, debenture, hypothecary claim, mortgage, note, bill or other similar property, or an interest in, or a right to acquire, any such property.

1972, c. 23, s. 95; 1973, c. 17, s. 10; 1974, c. 18, s. 5; 1996, c. 39, s. 34; 1997, c. 3, s. 71; 2005, c. 1, s. 40.

106.1. Despite any other provision of this Part, if at a particular time a person or partnership, in this section referred to as the “purchaser”, has, directly or indirectly, in any manner whatever, acquired an incorporeal capital property in respect of a business from a transferor being a person or partnership with whom or with which the purchaser was not dealing at arm’s length, and the property was an incorporeal capital property of the transferor, other than a property acquired by the purchaser as a consequence of the death of the transferor, the incorporeal capital amount of the purchaser in respect of the business is deemed, in respect of that acquisition, to be equal to 4/3 of the amount by which either the amount determined under subparagraph b of the second paragraph of section 107 in respect of the disposition of the property by the transferor, or, if the transferor makes an election under section 105.2.1 or 105.2.2 in respect of the property, 3/4 of the actual proceeds of disposition referred to in that section, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that can reasonably be considered to have been claimed as a deduction under Title VI.5 of Book IV, for a taxation year that ends before 28 February 2000, by any person with whom the purchaser was not dealing at arm’s length in respect of the disposition of the property by the transferor, or any other disposition of the property before the particular time;

(b)  9/8 of the aggregate of all amounts each of which is an amount that can reasonably be considered to have been claimed as a deduction under Title VI.5 of Book IV, for a taxation year that ends after 27 February 2000 but before 18 October 2000, by any person with whom the purchaser was not dealing at arm’s length in respect of the disposition of the property by the transferor, or any other disposition of the property before the particular time; and

(c)  3/2 of the aggregate of all amounts each of which is an amount that can reasonably be considered to have been claimed as a deduction under Title VI.5 of Book IV, for a taxation year that ends after 17 October 2000, by any person with whom the purchaser was not dealing at arm’s length in respect of the disposition of the property by the transferor, or any other disposition of the property before the particular time.

Notwithstanding the foregoing, where the purchaser disposes of the property after the particular time, the amount which is deemed under the first paragraph to be the incorporeal capital amount of the purchaser in relation to the property shall be determined at any time after the disposition as if the aggregate of the amounts determined under subparagraphs a to c of the first paragraph in respect of the property were the lesser of

(a)  the amount otherwise so determined, and

(b)  the amount by which the amount determined under subparagraph b of the second paragraph of section 107 in respect of the disposition of the property by the transferor exceeds the amount determined under that subparagraph b in respect of the disposition of the property by the purchaser.

1990, c. 59, s. 60; 1993, c. 16, s. 65; 1997, c. 3, s. 71; 2003, c. 2, s. 41; 2005, c. 1, s. 41; 2007, c. 12, s. 38; 2009, c. 5, s. 55.

106.2. For the purposes of this Part, where a taxpayer received or is entitled to receive assistance from a government, municipality or other public authority in respect of, or for the acquisition of, property the cost of which is an incorporeal capital amount of the taxpayer in respect of a business, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance, that incorporeal capital amount is at a particular time deemed to be the amount by which

(a)  the aggregate of

i.  that incorporeal capital amount, determined without reference to this section, and

ii.  such part of the assistance as the taxpayer repaid before the taxpayer ceased to carry on the business and before that particular time under a legal obligation to pay all or any part of the assistance; exceeds

(b)  the amount of the assistance the taxpayer received or is entitled to receive before the earlier of that particular time and the time the taxpayer ceases to carry on the business.

1996, c. 39, s. 35; 2001, c. 53, s. 260; 2005, c. 1, s. 42.

106.3. For the purposes of section 106.2, where at a particular time a taxpayer who is a beneficiary under a trust or a member of a partnership received or is entitled to receive assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance, the amount of the assistance that can reasonably be considered to be in respect of, or for the acquisition of, property the cost of which was an incorporeal capital amount of the trust or partnership is deemed to have been received at that time by the trust or partnership, as the case may be, as assistance from the government, municipality or other public authority for the acquisition of such property.

1996, c. 39, s. 35; 1997, c. 3, s. 71; 2001, c. 53, s. 260; 2005, c. 1, s. 43.

106.4. The rules in the second paragraph apply where

(a)  a corporation, trust or partnership, in this section referred to as the “transferor”, disposes of a particular incorporeal capital property in respect of a business of the transferor in respect of which it would, but for this section, be permitted a deduction under paragraph a of section 188 as a consequence of the disposition;

(b)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires a property, in this section referred to as the “substituted property”, that is, or is identical to, the particular incorporeal capital property; and

(c)  at the end of the 30 days following the time of disposition, the transferor or a person or partnership affiliated with the transferor owns the substituted property.

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

(a)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed to continue to own incorporeal capital property in respect of the business until the particular time that is immediately before the first time, after the time of disposition,

i.  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period begins,

ii.  at which the substituted property is not incorporeal capital property in respect of a business carried on by the transferor or a person affiliated with the transferor,

iii.  at which the substituted property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

iv.  that is immediately before control of the transferor is acquired by a person or group of persons, where the transferor is a corporation, or

v.  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation;

(b)  for the purposes of this division and sections 130, 188 and 189, the transferor is deemed not to have ceased to carry on the business before the particular time referred to in subparagraph a; and

(c)  for the purposes of the first paragraph and subparagraphs a and b,

i.  a right to acquire a property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a property that is identical to the property, and

ii.  where a partnership otherwise ceases to exist at any time after the time of disposition,

(1)  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a, and

(2)  each person who, immediately before the partnership would, but for this subparagraph ii, have ceased to exist, was a member of the partnership is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs i to v of subparagraph a.

2000, c. 5, s. 37; 2004, c. 8, s. 20; 2005, c. 1, s. 44.

106.5. Where at a particular time a taxpayer not resident in Canada ceases to use, in connection with a business or part of a business carried on by the taxpayer in Canada immediately before the particular time, a property that was immediately before the particular time incorporeal capital property of the taxpayer, other than a property that was disposed of by the taxpayer at the particular time, the taxpayer is deemed to have disposed of the property immediately before the particular time for proceeds of disposition equal to the amount determined by the formula

A − B.

In the formula provided for in the first paragraph,

(a)  A is the fair market value of the property immediately before the particular time; and

(b)  B is

i.  where at a previous time before the particular time the taxpayer ceased to use the property in connection with a business or part of a business carried on by the taxpayer outside Canada and began to use it in connection with a business or part of a business carried on by the taxpayer in Canada, the amount by which the fair market value of the property at the previous time exceeded its cost to the taxpayer at the previous time, and

ii.  in any other case, an amount equal to zero.

2004, c. 8, s. 21; 2005, c. 1, s. 45.

106.6. Where at a particular time a taxpayer not resident in Canada ceases to use, in connection with a business or part of a business carried on by the taxpayer outside Canada immediately before the particular time, and begins to use, in connection with a business or part of a business carried on by the taxpayer in Canada, a property that is an incorporeal capital property of the taxpayer, the taxpayer is deemed to have disposed of the property immediately before the particular time and to have reacquired the property at the particular time for consideration equal to the lesser of the cost to the taxpayer of the property immediately before the particular time and its fair market value immediately before the particular time.

2004, c. 8, s. 21; 2005, c. 1, s. 46.

107. The eligible incorporeal capital amount of a taxpayer at a particular time in respect of a business of the taxpayer is the amount by which the amount determined under the second paragraph is exceeded by the aggregate of

(a)  the amount by which 3/4 of the aggregate of all amounts each of which is an incorporeal capital amount in respect of the business that is payable or disbursed by the taxpayer before the particular time but after the taxpayer’s adjustment time, exceeds the aggregate of all amounts each of which is an amount determined by the formula

1/2 × (A − B) × (C / D);

(b)  the aggregate of the following amounts:

i.  3/2 of the aggregate of all amounts each of which is an amount included under paragraph b of section 105 in computing the taxpayer’s income from the business for a taxation year ending before the particular time but after 17 October 2000,

ii.  9/8 of the aggregate of all amounts each of which is an amount included under paragraph b of section 105 in computing the taxpayer’s income from the business for a taxation year ending before the particular time and after 27 February 2000 but before 18 October 2000,

iii.  the aggregate of all amounts each of which is an amount included under paragraph b of section 105 in computing the taxpayer’s income from the business for a taxation year ending before the earlier of the particular time and 28 February 2000 but after the taxpayer’s adjustment time,

iv.  the aggregate of all amounts each of which is an amount that would have been included in computing the taxpayer’s income from the business for a taxation year ending before the earlier of the particular time and 28 February 2000 but after 22 February 1994 under subparagraph ii of paragraph a of section 105, as that subparagraph read for that taxation year, if the amount determined under subparagraph d of the second paragraph of section 105.2 for the year had been nil, and

v.  the aggregate of all amounts each of which is a taxable capital gain included in computing the taxpayer’s income for a taxation year that began before 23 February 1994, by reason of the application of subparagraph ii of paragraph a of section 105, as that subparagraph read for that taxation year, to the taxpayer in respect of the business;

(c)  3/2 of the taxpayer’s eligible incorporeal capital amount in respect of the business at the taxpayer’s adjustment time;

(d)  the amount by which the aggregate of all amounts each of which is an amount deducted under paragraph b of section 130 in computing the taxpayer’s income from the business for a taxation year ending before the taxpayer’s adjustment time exceeds the aggregate of all amounts each of which is an amount included under section 105 in computing that income for such a taxation year; and

(e)  where the aggregate determined under subparagraph b exceeds zero, 1/2 of the amount determined under subparagraph ii of subparagraph a of the second paragraph in respect of the business.

The amount to which the first paragraph refers is equal to the aggregate of

(a)  the amount by which the amount determined under the fourth paragraph is exceeded by the aggregate of

i.  the aggregate of all amounts each of which is an amount deducted under paragraph b of section 130 in computing the taxpayer’s income from the business for a taxation year ending before the particular time, but after the taxpayer’s adjustment time,

ii.  the amount by which the aggregate of all amounts each of which is an amount deducted under paragraph b of section 130 in computing the taxpayer’s income for a taxation year ending before the taxpayer’s adjustment time exceeds the aggregate of all amounts each of which is an amount included under section 105 in computing that income for such a taxation year, and

iii.  the aggregate of all amounts each of which is an amount by which the eligible incorporeal capital amount of the taxpayer in respect of the business is required to be reduced at or before the particular time under section 485.7; and

(b)  the aggregate of all amounts each of which is equal to 3/4 of the amount by which a particular amount, other than an amount described in the fifth paragraph, that the taxpayer is or may become entitled to receive before the particular time but after the taxpayer’s adjustment time, on account of capital relating to the business carried on or formerly carried on by the taxpayer, exceeds all the expenses made or incurred by the taxpayer for the purpose of obtaining the particular amount, to the extent that they are not otherwise deductible in computing the taxpayer’s income.

In the formula in subparagraph a of the first paragraph,

(a)  A is the amount required, because of subparagraph b of section 105 or section 231, to be included in computing the income of a person or partnership, in this paragraph referred to as the “transferor”, not dealing at arm’s length with the taxpayer in respect of the disposition after 20 December 2002 of a property that is an incorporeal capital property acquired by the taxpayer directly or indirectly, in any manner whatever, from the transferor and not disposed of by the taxpayer before the particular time referred to in subparagraph a of the first paragraph;

(b)  B is the aggregate of all amounts each of which is an amount that can reasonably be considered to have been claimed as a deduction under Title VI.5 of Book IV by the transferor in respect of the disposition of the property;

(c)  C is the transferor’s proceeds from the disposition of the property; and

(d)  D is the aggregate of all amounts each of which is equal to the proceeds from the disposition of an incorporeal capital property that occurs in the taxation year of the transferor in which the property described in subparagraph a was disposed of.

The amount to which subparagraph a of the second paragraph refers is equal to the aggregate of all amounts each of which is an amount included in computing the taxpayer’s income from the business for a taxation year ending before the particular time but after the taxpayer’s adjustment time,

(a)  in the case of a taxation year that ends after 27 February 2000, under paragraph a of section 105, or

(b)  in the case of a taxation year that ends before 28 February 2000,

i.  under subparagraph i of paragraph a of section 105, as it read for that year, or

ii.  under paragraph b of section 105, as it read for that year, to the extent that the amount so included relates to an amount included in the aggregate determined under subparagraph i of subparagraph a of the second paragraph.

The amount to which subparagraph b of the second paragraph refers is

(a)  an amount that is included in computing the taxpayer’s income, or deducted in computing, for the purposes of this Part, any balance of undeducted outlays, expenses or other amounts for the year or a preceding taxation year;

(b)  an amount that reduces the cost or capital cost of a property or the amount of an outlay or expense; or

(c)  an amount that is included in computing any gain or loss of the taxpayer from the disposition of a capital property.

1972, c. 23, s. 96; 1978, c. 26, s. 23; 1990, c. 59, s. 61; 1993, c. 16, s. 66; 1996, c. 39, s. 36; 2003, c. 2, s. 42; 2005, c. 1, s. 47; 2007, c. 12, s. 39.

107.0.1. Subparagraph b of the second paragraph of section 107 does not apply to an amount received or receivable by a taxpayer in a taxation year if the amount is required to be included in computing the taxpayer’s income because of section 333.5.

2009, c. 5, s. 56.

107.1. The adjustment time of a taxpayer in respect of a business is,

(a)  where the taxpayer is a corporation formed as a result of an amalgamation occurring after 30 June 1988, the time immediately before the amalgamation;

(b)  where the taxpayer is a corporation other than a corporation contemplated in paragraph a, the time immediately after the commencement of its first taxation year commencing after 30 June 1988;

(c)  where the taxpayer is not a corporation, the time immediately after the commencement of the taxpayer’s first fiscal period commencing after 31 December 1987 in respect of the business.

1990, c. 59, s. 62; 1997, c. 3, s. 71.

107.2. The exempt gains balance of an individual in respect of a business of the individual for a taxation year is the amount by which the aggregate of all amounts each of which is the amount determined under subparagraph d of the second paragraph of section 105.2 in respect of the business for a preceding taxation year is exceeded by the lesser of

(a)  the amount by which

i.  the amount that would have been the individual’s taxable capital gain determined under subparagraph b of the first paragraph of section 726.9.2 in respect of the business if

(1)  the amount designated in an election under section 726.9.2 in respect of the business were equal to the fair market value at the end of 22 February 1994 of the aggregate of the incorporeal capital property owned at that time by the elector in respect of the business, and

(2)  this Act were read without reference to section 726.9.3, exceeds

ii.  the amount determined by the formula

0.75(A − 1.1B); and

(b)  the individual’s taxable capital gain determined under subparagraph b of the first paragraph of section 726.9.2 in respect of the business.

For the purposes of the formula in subparagraph ii of subparagraph a of the first paragraph,

(a)  A is the amount designated in the election that was made under section 726.9.2 in respect of the business; and

(b)  B is the fair market value at the end of 22 February 1994 of the property referred to in subparagraph 1 of subparagraph i of subparagraph a of the first paragraph.

1996, c. 39, s. 37; 2005, c. 1, s. 48.

107.3. Where an individual elects under section 726.9.2 in respect of a business, the individual is deemed to have received proceeds of a disposition on 23 February 1994 of incorporeal capital property in respect of the business equal to 4/3 of the amount by which the amount determined in respect of the business under subparagraph ii of subparagraph a of the first paragraph of section 107.2 exceeds the amount determined in respect of the business under subparagraph i of the said subparagraph a.

1996, c. 39, s. 37; 2005, c. 1, s. 49.

108. Where under this Part an amount is deemed the taxpayer’s proceeds from disposition of property at a particular time, that amount is for the purposes of this division deemed to have become payable to him at that time.

1972, c. 23, s. 97; 1978, c. 26, s. 24.

109. (Repealed).

1972, c. 23, s. 98; 1974, c. 18, s. 6; 1978, c. 26, s. 25.

110. Where a taxpayer is an individual and his income for a taxation year includes income from a business the fiscal period of which does not coincide with the calendar year, in this division the expression “taxation year” or “year” shall be read as a reference to a “fiscal period” or “period”.

1972, c. 23, s. 99.

110.1. (1)  Where, in a taxation year, a taxpayer disposes of an incorporeal capital property, in this section referred to as “former property”, the taxpayer acquires, in a taxation year, an incorporeal capital property that is a replacement property for the taxpayer’s former property and the taxpayer makes a valid election under subsection 6 of section 14 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the former property, that part of the amount that would otherwise be included in the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of a business, if that subparagraph were read without reference to “3/4 of”, as has been used by the taxpayer to acquire the replacement property, before the end of the first taxation year following the taxation year in which the former property was disposed of by the taxpayer or, if it is later, before the end of the 12-month period following the taxation year in which the former property was disposed of by the taxpayer, shall, to the extent of 3/4 thereof, be included in that aggregate for the purpose of computing the eligible incorporeal capital amount of the taxpayer in respect of the business, only from the day on which the replacement property was acquired by the taxpayer or, if it is later, on the day on which the former property was disposed of by the taxpayer.

(2)  For the purposes of this section, an incorporeal capital property of a taxpayer is a replacement property for a former property of a taxpayer where

(a)  it is reasonable to conclude that the incorporeal capital property was acquired by the taxpayer to replace the former property;

(a.1)  the incorporeal capital property was acquired by the taxpayer for a use that is the same as or similar to the use to which the taxpayer put the former property;

(b)  the incorporeal capital property was acquired by the taxpayer for the purpose of gaining or producing income from a business similar to the business in which the former property was used; and

(c)  the former property was used by the taxpayer in a business carried on in Canada and the incorporeal capital property was acquired for use by the taxpayer in a business carried on by the taxpayer in Canada.

(3)  Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 14 of the Income Tax Act or in relation to an election made under subsection 1 before 20 December 2006.

1978, c. 26, s. 26; 1982, c. 5, s. 32; 1990, c. 59, s. 63; 1993, c. 16, s. 67; 2001, c. 7, s. 17; 2003, c. 2, s. 43; 2005, c. 1, s. 50; 2009, c. 5, s. 57; 2009, c. 15, s. 54.

DIVISION IV BENEFITS CONFERRED ON A SHAREHOLDER

1972, c. 23; 1990, c. 59, s. 64.

111. Where, at any time in a taxation year, a benefit is conferred by a corporation on a shareholder, or on a person in contemplation of his becoming a shareholder, the amount or value thereof shall be included in computing the income of the shareholder or the person, as the case may be, for the year.

1972, c. 23, s. 100; 1982, c. 5, s. 33; 1990, c. 59, s. 65; 1994, c. 22, s. 76; 1997, c. 3, s. 71.

111.1. For the purposes of section 111, the value of the benefit where an obligation issued by a debtor is settled or extinguished at any time is deemed to be the forgiven amount at that time in respect of the obligation.

In the first paragraph, the “forgiven amount” at any time in respect of an obligation issued by a debtor has the meaning that would be assigned by section 485 if

(a)  the obligation were a commercial obligation, within the meaning assigned by section 485, issued by the debtor;

(b)  no amount included in computing income, otherwise than pursuant to section 37, because of the obligation being settled or extinguished at that time were taken into account;

(c)  the definition of “forgiven amount” in section 485 were read without reference to paragraphs f and h; and

(d)  section 485.3 were read without reference to subparagraphs b and r of the first paragraph of that section.

1989, c. 77, s. 18; 1996, c. 39, s. 38.

112. Section 111 does not apply if the amount or value mentioned therein is deemed to be a dividend under Chapter III of Title IX or if it arises out of

(a)  the reduction of the paid-up capital of a corporation, the acquisition, cancellation or redemption by it of shares of its capital stock or the winding-up, discontinuance or reorganization of its business or a transaction to which sections 556 to 569 apply;

(b)  the payment of a dividend or a stock dividend;

(c)  the conferring, on all owners of common shares of the capital stock of the corporation at the time referred to in section 111, of a right in respect of each common share, that is identical to every other right conferred at that time in respect of each other such share, to acquire additional shares of the capital stock of the corporation; or

(d)  a transaction described in any of paragraphs d to f of subsection 2 of section 504.

For the purposes of subparagraph c of the first paragraph,

(a)  where the voting rights attached to a particular class of common shares of the capital stock of a corporation differ from the voting rights attached to another class of common shares of the capital stock of the corporation and there are no other differences between the terms and conditions of the classes of shares that could cause the fair market value of a share of the particular class to differ materially from the fair market value of a share of the other class, the common shares of the particular class are deemed to be identical to those of the other class; and

(b)  rights are not considered identical if the cost of acquiring the rights differs.

1972, c. 23, s. 101; 1974, c. 18, s. 7; 1978, c. 26, s. 27; 1979, c. 18, s. 9; 1982, c. 5, s. 34; 1990, c. 59, s. 66; 1993, c. 16, s. 68; 1994, c. 22, s. 77; 1995, c. 49, s. 39; 1997, c. 3, s. 71.

112.1. Notwithstanding sections 111 and 112, a person shall include in computing his income for a taxation year the fair market value of a stock dividend paid to him by a corporation in the year, except to the extent that it is otherwise included in computing that person’s income under the first paragraph of section 497, if it may reasonably be considered that one of the purposes of such payment was to significantly alter the value of the interest of any specified shareholder of the corporation.

1987, c. 67, s. 27; 1997, c. 3, s. 71; 2001, c. 7, s. 18.

112.2. (Repealed).

1991, c. 25, s. 41; 1994, c. 22, s. 78; 1995, c. 1, s. 23; 1995, c. 49, s. 40; 1997, c. 3, s. 71; 1997, c. 31, s. 15.

112.2.1. (Repealed).

1994, c. 22, s. 79; 1995, c. 1, s. 24; 1997, c. 3, s. 71; 1997, c. 14, s. 35; 1997, c. 31, s. 15.

112.3. To the extent that the cost to a person of purchasing a property or service or an amount payable by a person for the purpose of leasing property is taken into account in determining an amount required under this division to be included in computing a taxpayer’s income for a taxation year, other than such an amount that is the value of a benefit determined under section 117, that cost or that amount payable, as the case may be, shall include any tax that was payable by the person in respect of the property or service or that would have been so payable if the person were not exempt from the payment of that tax because of the nature of the person or the use to which the property or service is to be put.

1991, c. 25, s. 41; 1994, c. 22, s. 80; 1997, c. 3, s. 71; 1997, c. 31, s. 16.

113. Where a person or a partnership is a shareholder of a corporation, is a person that does not deal at arm’s length with a shareholder of a corporation or is a member of a partnership, or a beneficiary of a trust, that is a shareholder of a corporation and the person or partnership, in a taxation year, has received a loan from or has become indebted to the corporation, to any other corporation related thereto or to a partnership of which the corporation or a corporation related thereto is a member, the amount of the loan or indebtedness shall be included in computing the income for the year of the person or partnership.

1972, c. 23, s. 102; 1978, c. 26, s. 28; 1984, c. 15, s. 25; 1994, c. 22, s. 80; 1997, c. 3, s. 71.

114. Section 113 does not apply if the loan was made or the indebtedness arose in the ordinary course of the lender’s or creditor’s business, and bona fide arrangements were made, at the time the loan was made or the indebtedness arose, for repayment thereof within a reasonable time and, in the case of a loan, if the lending of money was part of the lender’s ordinary business.

Section 113 does not apply if the conditions set out in the third paragraph are met and the loan was made or the indebtedness arose

(a)  in respect of a person who is an employee of the lender or creditor to enable or assist the person to acquire a motor vehicle to be used by him in the performance of his duties;

(a.1)  in respect of a person who is an individual and an employee of the lender or creditor but not a specified employee of the lender or creditor;

(b)  where the lender or creditor is a corporation, in respect of a person who is an employee of the lender or creditor or of another corporation that is related to the lender or creditor, to enable or assist the person to acquire shares, described in any of the following subparagraphs, to be held by the person for the person’s own benefit:

i.  a previously unissued fully paid share of the capital stock of the lender or creditor, which share is acquired from the lender or creditor, or

ii.  a previously unissued fully paid share of the capital stock of a corporation related to the lender or creditor, which share is acquired from the related corporation,

iii.  (subparagraph repealed);

(c)  in respect of a person who is an employee of the lender or creditor or who is the spouse of an employee of the lender or creditor to enable or assist the person to acquire a dwelling or a share of the capital stock of a housing cooperative acquired for the sole purpose of acquiring the right to inhabit a dwelling owned by the cooperative, where the dwelling is for the person’s habitation.

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

(a)  at the time the loan was made or the indebtedness arose, bona fide arrangements were made for repayment of the loan or debt within a reasonable time; and

(b)  it is reasonable to conclude that the employee or the employee’s spouse received the loan, or became indebted, because of the employee’s employment and not because of any person’s share-holdings.

1972, c. 23, s. 103; 1978, c. 26, s. 28; 1979, c. 18, s. 10; 1982, c. 5, s. 35; 1984, c. 15, s. 25; 1988, c. 4, s. 26; 1990, c. 59, s. 67; 1993, c. 16, s. 69; 1994, c. 22, s. 81; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 1999, c. 83, s. 34; 2000, c. 5, s. 38.

114.1. Section 113 does not apply to a loan made or a debt that arose in respect of a trust where

(a)  the lender or creditor is a private corporation;

(b)  the corporation is the settlor and sole beneficiary of the trust;

(c)  the sole purpose of the trust is to facilitate the purchase and sale of the shares of the corporation, or of another corporation related to the corporation, for an amount equal to their fair market value at the time of the purchase or sale, as the case may be, from or to the employees of the corporation or of the related corporation, other than employees who are specified employees of the corporation or of another corporation related to the corporation, as the case may be; and

(d)  at the time the loan was made or the indebtedness arose, bona fide arrangements were made for repayment of the loan or debt within a reasonable time.

2000, c. 5, s. 39.

115. Section 113 does not apply if the loan or indebtedness was repaid within one year from the end of the taxation year of the lender or creditor in which it was made or incurred and it is established that the repayment was not made as part of a series of transactions and repayments.

1972, c. 23, s. 104; 1978, c. 26, s. 28; 1984, c. 15, s. 25; 1994, c. 22, s. 82.

116. Section 113 does not apply where the loan was made to

(a)  a corporation resident in Canada or a partnership each member of which is such a corporation;

(b)  a person not resident in Canada, if the lender is also such a person; or

(c)  a person that does not deal at arm’s length with a shareholder of a corporation, if that person is a foreign affiliate of the corporation or a foreign affiliate of a person resident in Canada that does not deal at arm’s length with that corporation.

In addition, section 113 does not apply where the debtor is a person or partnership described in subparagraph a or c of the first paragraph or a person not resident in Canada, if the creditor is also such a person.

1972, c. 23, s. 105; 1978, c. 26, s. 28; 1984, c. 15, s. 25; 1994, c. 22, s. 82; 1997, c. 3, s. 71.

116.1. For the purposes of this division, an individual who is an employee of a partnership is deemed to be a specified employee of the partnership where the individual is a specified shareholder of one or more corporations that, in total, are entitled, directly or indirectly, to a share of any income or loss of the partnership, which share is not less than 10% of the income or loss.

2000, c. 5, s. 40.

117. If a corporation has made, in the year, an automobile available to a shareholder, or a person related to the shareholder, the value of the benefit to be included in computing the income of the shareholder for the year under section 111 is, except when an amount has been included in computing the shareholder’s income under section 41 in respect of the automobile, computed on the assumption that Divisions I and II of Chapter II of Title II apply in respect of that benefit, with the necessary modifications, and as though the references therein to “the employer”, “an employer” or “his employer” were read as references to “the corporation”.

1972, c. 23, s. 106; 1984, c. 15, s. 25; 1986, c. 15, s. 48; 1995, c. 49, s. 41; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

118. Sections 111 to 117 apply to the computing, for the purposes of this Part, of the income of a shareholder, of a person or of a partnership, whether or not the corporation or the creditor, as the case may be, has resided or carried on business in Canada.

1972, c. 23, s. 107; 1978, c. 26, s. 29; 1984, c. 15, s. 25; 1997, c. 3, s. 71.

119. An amount paid as interest or a dividend by a corporation resident in Canada to a taxpayer in respect of an income bond or income debenture is deemed to have been paid by the corporation and received by the taxpayer as a dividend on a share of the capital stock of the corporation, unless the corporation is entitled to deduct the amount in computing its income.

The same applies if the corporation is not resident in Canada unless the amount so paid is, under the laws of the country in which that corporation resides, deductible in computing the amount for the year on which the corporation is liable to pay income tax to the government of that country.

1972, c. 23, s. 108; 1980, c. 13, s. 7; 1997, c. 3, s. 71.

119.1. For the purposes of section 111, a person or a partnership referred to in section 487.3 is deemed to receive the benefit provided for in the said section 487.3 as a shareholder.

1978, c. 26, s. 30; 1983, c. 44, s. 21, 1997, c. 3, s. 71.

DIVISION IV.1 DEVELOPMENT BONDS

1982, c. 5, s. 36.

119.2. In this division,

“development bond” at any time means an obligation that is at that time a qualifying debt obligation issued

(a)  after 31 December 1981 and before 1 January 1988 by a Canadian-controlled private corporation and in respect of which a joint election was made within 90 days after the later of its issue date and 30 March 1983;

(b)  after 25 February 1992 by a Canadian-controlled private corporation and in respect of which a joint election was made within 90 days after its issue date; or

(c)  by a Canadian-controlled private corporation if

i.  it is reasonable to consider that the corporation and the holder of the obligation intended that this division apply to the obligation, having regard to such factors as may be relevant, including the rate of interest stipulated under the terms of the obligation and the manner in which the corporation and the holder have treated the obligation for the purposes of this Part, and

ii.  the holder files with the Minister a joint election in respect of the obligation within 90 days from the date of notification by the Minister that a joint election in respect of the obligation has not been filed;

“joint election” in respect of any obligation means an election that is made in prescribed form, containing prescribed information, jointly by the issuer corporation of the obligation and the person who is the holder of the obligation at the time of the election, that is filed with the Minister by the holder and in which the holder and the issuer corporation elect that this division apply to the obligation;

“qualified corporation” has the meaning assigned by the regulations;

“qualifying debt obligation” of a corporation at a particular time means an obligation that is a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation issued between 25 February 1992 and 1 January 1995 and not more than five years before the particular time, the principal amount of which is not less than $10,000 nor more than $500,000, that is issued for a term of not more than five years and, except in the event of a failure or default under the terms or conditions of the obligation, not less than one year, if the obligation is issued by the corporation

(a)  as part of a proposal to, or an arrangement with, its creditors that has been approved by a competent court under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3);

(b)  at a time when all or substantially all of its assets are under the control of a receiver, receiver-manager, sequestrator or trustee in bankruptcy; or

(c)  in whole or in part, directly or indirectly in exchange or substitution for a debt held by a person with whom the corporation was dealing at arm’s length at a time when, by reason of financial difficulties, the corporation

i.  is in default on that debt, or

ii.  could reasonably be expected to default on that debt.

1982, c. 5, s. 36; 1984, c. 15, s. 26; 1985, c. 25, s. 28; 1987, c. 67, s. 28; 1989, c. 5, s. 36; 1994, c. 22, s. 83; 1995, c. 49, s. 42; 1995, c. 63, s. 27; 1996, c. 39, s. 39; 1997, c. 3, s. 19; 2000, c. 5, s. 41; 2005, c. 1, s. 51.

119.3. Where a corporation pays an amount to a taxpayer as interest on a development bond it has issued, that amount is deemed to have been received by the taxpayer as a taxable dividend.

1982, c. 5, s. 36; 1997, c. 3, s. 71.

119.4. Notwithstanding any other provision of this Part, where a corporation has issued an obligation that is at any time a development bond, the following rules apply:

(a)  no deduction may be made in computing its income for a taxation year in respect of an amount paid or payable as interest on that bond, depending on the method regularly followed by the corporation in computing its income for a period that includes that time;

(b)  any amount paid by the corporation as interest on the bond, to the extent that it is not allowed as a deduction by virtue of paragraph a is, when paid, deemed to have been paid as a taxable dividend.

1982, c. 5, s. 36; 1987, c. 67, s. 29; 1997, c. 3, s. 71.

119.5. Notwithstanding any other provision of this Part, except for the purposes of subparagraph i of paragraph d.2 of subsection 1 of section 771 and sections 771.2.1.2, 771.8.3 and 771.8.5, the taxable income of a corporation that has issued an obligation that is at any time a development bond is deemed, for a taxation year that includes a period throughout which the obligation was a development bond, to be an amount equal to the aggregate of its taxable income otherwise determined for the year and the amount paid or payable, depending on the method regularly followed in computing the income of the corporation, as interest on the obligation in respect of that period, at a time when

(a)  the corporation was not a qualified corporation; or

(b)  (paragraph repealed);

(c)  all or substantially all of the proceeds from the issue of the obligation cannot reasonably be regarded as having been used by the corporation or a corporation with which it was not dealing at arm’s length in the financing of a qualified business carried on in Canada immediately before the time of the issue of the obligation.

1982, c. 5, s. 36; 1984, c. 15, s. 27; 1987, c. 67, s. 30; 1989, c. 5, s. 37; 1992, c. 1, s. 25; 1994, c. 22, s. 84; 1995, c. 63, s. 28; 1997, c. 3, s. 71; 1997, c. 85, s. 50; 2000, c. 39, s. 12; 2005, c. 38, s. 61.

119.6. (Repealed).

1982, c. 5, s. 36; 1994, c. 22, s. 85.

119.7. Notwithstanding any other provision of this Act, an amount paid or payable by a taxpayer pursuant to a legal obligation to pay interest on borrowed money used for the purpose of acquiring a development bond is deemed to be an amount paid or payable, as the case may be, on borrowed money used for the purpose of earning income from a business or property.

1982, c. 5, s. 36.

119.8. Where the Minister establishes that a corporation has, knowingly or under circumstances amounting to gross negligence, made a false declaration in a joint election in respect of an obligation it has issued, the reference in section 119.5 to “the amount paid” shall be read, in respect of that obligation, as a reference to “three times the amount paid”.

1982, c. 5, s. 36; 1994, c. 22, s. 86; 1997, c. 3, s. 71.

119.9. Where at any particular time a corporation makes a joint election in respect of an obligation it has issued and at or before that time the corporation or a person or partnership described in the second paragraph made a joint election in respect of any development bond or small business bond, as the case may be, the corporation, for the purposes of this division, is deemed not to be a qualified corporation in respect of the obligation.

The person or partnership referred to in the first paragraph is a corporation associated with the corporation at the time the obligation was issued, an individual who controls or is a member of a related group that controls the corporation, or a partnership any member of which, who is a majority-interest partner of the partnership, controls or is a member of a related group that controls the corporation.

1982, c. 5, s. 36; 1989, c. 5, s. 38; 1994, c. 22, s. 86; 1995, c. 63, s. 261; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

119.10. (Repealed).

1982, c. 5, s. 36; 1994, c. 22, s. 87.

119.11. Section 119.9 does not apply to an obligation issued at any time where the issue price of the obligation does not exceed the amount by which $500,000 exceeds the aggregate of all amounts each of which is the principal amount outstanding, immediately after that time, of

(a)  another development bond issued by the corporation or a corporation associated with the corporation; or

(b)  a small business bond issued by an individual who controls or is a member of a related group that controls the corporation, or by a partnership any member of which, who is a majority-interest partner of the partnership, controls or is a member of a related group that controls the corporation.

1984, c. 15, s. 28; 1987, c. 67, s. 31; 1989, c. 5, s. 39; 1994, c. 22, s. 88; 1997, c. 3, s. 71.

119.12. (Repealed).

1984, c. 15, s. 28; 1994, c. 22, s. 89.

119.13. (Repealed).

1984, c. 15, s. 28; 1994, c. 22, s. 89.

119.14. (Repealed).

1984, c. 15, s. 28; 1994, c. 22, s. 89.

DIVISION IV.2 SMALL BUSINESS BOND

1984, c. 15, s. 28.

119.15. In this division,

“eligible issuer” at any time means

(a)  an individual, other than a trust, who is resident in Canada and who

i.  has not made a joint election before that time in respect of a small business bond,

ii.  is not a majority-interest partner of a partnership that has made a joint election before that time in respect of a small business bond, and

iii.  neither controls nor is a member of a related group that controls a corporation that has made a joint election before that time in respect of a small business development bond, or a corporation that is associated with such a corporation; or

(b)  a partnership

i.  each member of which is an individual, other than a trust, who is resident in Canada,

ii.  each majority-interest partner, if any, of which is an eligible issuer, and

iii.  that has not made a joint election before that time in respect of a small business bond;

“joint election” in respect of any obligation means an election that is made in prescribed form, containing prescribed information, jointly by the issuer of the obligation and the person who is the holder of the obligation at the time of the election, that is filed with the Minister by the holder and in which the holder and the issuer elect that this division apply to the obligation;

“qualifying debt obligation” of an individual or a partnership at a particular time means an obligation that is a bill, note, hypothecary claim, mortgage or similar obligation issued between 25 February 1992 and 1 January 1995 and not more than five years before the particular time, the principal amount of which is not less than $10,000 nor more than $500,000, that is issued for a term of not more than five years and, except in the event of a failure or default under the terms or conditions of the obligation, not less than one year, if the proceeds from the issue of the obligation are used in Canada in a business the individual or partnership carried on immediately before the time of issue, and if the obligation is issued by the individual or partnership

(a)  as part of a proposal to, or an arrangement with, his or its creditors that has been approved by a competent court under the Bankruptcy and Insolvency Act (Revised Statutes of Canada, 1985, chapter B-3);

(b)  at a time when all or substantially all of his or its assets are under the control of a receiver, receiver-manager, sequestrator or trustee in bankruptcy; or

(c)  in whole or in part, directly or indirectly in exchange or substitution for a debt incurred in the course of the business of the individual or partnership and held by a person with whom the individual or each member of the partnership was dealing at arm’s length, at a time when, because of financial difficulty, the individual or partnership

i.  is in default on that debt, or

ii.  could reasonably be expected to default on that debt;

“small business bond” at any time means an obligation that is at that time a qualifying debt obligation issued by

(a)  an individual or a partnership in respect of which a joint election was made within 90 days after its issue date; or

(b)  an individual or a partnership if

i.  it is reasonable to consider that the holder of the obligation and the individual or partnership, as the case may be, intended that this division apply to the obligation, having regard to such factors as may be relevant, including the rate of interest stipulated under the terms of the obligation and the manner in which the holder and the individual or partnership, as the case may be, have treated the obligation for the purposes of this Part, and

ii.  the holder files with the Minister a joint election in respect of the obligation within 90 days from the date of notification by the Minister that a joint election in respect of the obligation has not been filed in accordance with paragraph a.

1984, c. 15, s. 28; 1985, c. 25, s. 29; 1987, c. 67, s. 32; 1994, c. 22, s. 90; 1995, c. 49, s. 43; 1996, c. 39, s. 40; 1997, c. 3, s. 71; 2000, c. 5, s. 41; 2005, c. 1, s. 52.

119.16. Where an individual or partnership pays any amount to a taxpayer as or on account of interest in respect of a small business bond, the amount is deemed to have been received by the taxpayer as a taxable dividend from a taxable Canadian corporation.

1984, c. 15, s. 28; 1997, c. 3, s. 71.

119.17. Where an individual or partnership has issued an obligation that is at any time a small business bond, notwithstanding any other provision of this Part, in computing his or its income for a taxation year, no deduction may be made in respect of any amount paid or payable as or on account of interest on the bond, depending on the method regularly followed by the individual or the partnership in computing his or its income, for a period that includes that time.

1984, c. 15, s. 28; 1987, c. 67, s. 33; 1997, c. 3, s. 71.

119.18. Notwithstanding any other provision of this Part, where an issuer that is an individual or partnership has issued an obligation that is at any time a small business bond, the issuer shall add to his or its tax otherwise payable for a taxation year under this Part an amount equal to 24% of the amount of interest paid or payable in respect of the obligation, depending on the method regularly followed by the issuer in computing his or its income, in respect of a period of the taxation year throughout which the obligation was a small business bond and throughout which

(a)  the issuer is not an eligible issuer, or

(b)  all or substantially all of the proceeds from the issue of the obligation are not used by the eligible issuer in the financing of a qualified business carried on by him or it in Canada immediately before the time of the issue of the obligation.

1984, c. 15, s. 28; 1987, c. 67, s. 34; 1989, c. 5, s. 40; 1994, c. 22, s. 91; 1997, c. 3, s. 71.

119.19. Notwithstanding any other provision of this Part, an amount paid or payable by a taxpayer pursuant to a legal obligation to pay interest on borrowed money used for the purpose of acquiring a small business bond is deemed to be an amount paid or payable, on borrowed money used for the purpose of earning income from a business or property.

1984, c. 15, s. 28.

119.20. Where the Minister establishes that an individual or partnership has, knowingly or under circumstances amounting to gross negligence, made a false declaration in a joint election in respect of an obligation that was issued by the individual or partnership, the reference in section 119.18 to “24%” shall be read, in respect of that obligation, as a reference to “72%”.

1984, c. 15, s. 28; 1987, c. 67, s. 35; 1994, c. 22, s. 92; 1997, c. 3, s. 71.

119.21. For the purposes of section 119.18, where the issuer is a partnership, the reference therein to “the issuer shall add” shall be read as a reference to “each member of the partnership shall add”, and each member shall add to his tax otherwise payable under this Part for the taxation year that includes the period described in section 119.18 the amount that can reasonably be regarded as his share of the amount determined under that section 119.18 in respect of the partnership.

1984, c. 15, s. 28; 1994, c. 22, s. 92; 1997, c. 3, s. 71.

119.22. Where, but for subparagraphs i to iii of paragraph a and subparagraph ii of paragraph b of the definition of “eligible issuer” in section 119.15, an individual or a partnership would be an eligible issuer, the individual or partnership is deemed to be an eligible issuer in respect of a small business bond at any time where the issue price of the bond does not exceed the amount by which $500,000 exceeds the aggregate determined in the second paragraph.

The aggregate referred to in the first paragraph is

(a)  where the issuer is an individual, the aggregate of all amounts each of which is the principal amount outstanding immediately after that time in respect of

i.  another obligation that is a small business bond issued by the individual, or by a partnership of which the individual is a majority-interest partner, or

ii.  a development bond issued by a corporation that is controlled by the individual or by a related group of which the individual is a member, or by a corporation that is associated with such a corporation; or

(b)  where the issuer is a partnership, the aggregate of all amounts each of which is the principal amount outstanding immediately after that time in respect of

i.  another obligation that is a small business bond issued by

(1)  the partnership,

(2)  an individual who is a majority-interest partner of the partnership, or

(3)  a partnership of which the individual referred to in subparagraph 2 is a majority-interest partner, or

ii.  a development bond issued by a corporation that is controlled by the individual referred to in subparagraph 2 of subparagraph i or by a related group of which the individual is a member, or by a corporation that is associated with such a corporation.

1984, c. 15, s. 28; 1987, c. 67, s. 36; 1989, c. 5, s. 41; 1994, c. 22, s. 92; 1997, c. 3, s. 71.

119.23. (Repealed).

1984, c. 15, s. 28; 1994, c. 22, s. 93.

119.24. (Repealed).

1984, c. 15, s. 28; 1994, c. 22, s. 93.

DIVISION V AMOUNTS INCLUDING CAPITAL AND INTEREST

1972, c. 23; 1990, c. 59, s. 68.

120. Except in the cases in which section 123 applies, where, under a contract or other arrangement, an amount can reasonably be regarded as being in part an amount of capital and in part interest or other amount of an income nature, the following rules apply:

(a)  the part of the amount that can reasonably be regarded as interest is, irrespective of when the contract or arrangement was made or the form or legal effect thereof, deemed to be interest on a debt obligation held by the person to whom the amount is paid or payable;

(b)  the part of the amount that can reasonably be regarded as an amount of an income nature, other than interest, shall, irrespective of when the contract or arrangement was made or the form or legal effect thereof, be included in computing the income of the taxpayer to whom the amount is paid or payable for the taxation year in which the amount is received or has become due, to the extent that it has not otherwise been included in computing the taxpayer’s income.

1972, c. 23, s. 109; 1984, c. 15, s. 29; 1990, c. 59, s. 69.

121. Section 120 does not apply to any amount received by a taxpayer

(a)  as an annuity payment;

(b)  in satisfaction of his rights under an annuity contract.

1972, c. 23, s. 110; 1978, c. 26, s. 31; 1984, c. 15, s. 30.

122. For the purposes of sections 123 to 125, “obligation” means a bond, debenture, bill, hypothecary claim, mortgage or other similar obligation issued by a person exempt from tax under sections 980 to 998, a person not resident in Canada who is not carrying on business in Canada, or a government, municipality or public body performing a function of government.

1972, c. 23, s. 111; 1996, c. 39, s. 41; 1997, c. 14, s. 36; 2005, c. 1, s. 53.

123. Where an obligation is issued at a discount, the first owner of the obligation who is resident in Canada, who is not a person exempt, because of sections 980 to 998, from tax on part or on all of the person’s taxable income and of whom the obligation is a capital property shall include, in computing his income for the taxation year in which he has become the owner of the obligation, the amount by which the principal amount of the obligation exceeds the amount for which the obligation was issued,

(a)  in the case of an obligation issued after 20 December 1960 and before 19 June 1971, if the stipulated rate of interest payable on the obligation is less than 5% annually and if the yield from the obligation, expressed in terms of an annual rate on the amount for which the obligation was issued, exceeds such annual rate of interest by more than one-third; or

(b)  in the case of an obligation issued after 18 June 1971, other than an obligation that is a prescribed debt obligation for the purposes of section 92.5, if the yield from the obligation, expressed in the same manner, exceeds by more than one-third the stipulated rate of interest payable on such obligation.

1972, c. 23, s. 112; 1973, c. 17, s. 11; 1994, c. 22, s. 94; 1995, c. 49, s. 44; 1996, c. 39, s. 42.

124. For the purposes of section 123, the stipulated rate of interest means the annual percentage rate payable on the principal amount of the obligation if no amount is payable as principal before the maturity of such obligation or on the amount outstanding as principal in other cases.

1972, c. 23, s. 113; 1996, c. 39, s. 43.

125. For the purposes of section 123, the annual yield rate must, if the terms of the obligations or any related contract would empower its holder to require payment of the principal amount of the obligation or the amount outstanding as principal before such obligation comes to maturity, be calculated on the basis of the yield that produces the highest annual rate obtainable either on the maturity of the obligation or conditional upon the exercise of the right mentioned in this section.

1972, c. 23, s. 114; 1996, c. 39, s. 44.

125.0.1. For the purposes of this Part and subject to section 125.0.3, where at any time in a taxpayer’s taxation year an interest in an indexed debt obligation is held by the taxpayer, the following rules apply:

(a)  an amount determined in prescribed manner is deemed to be received or receivable by the taxpayer in the year as interest in respect of the obligation; and

(b)  an amount determined in prescribed manner is deemed to be paid or payable in respect of the year by the taxpayer as interest pursuant to a legal obligation of the taxpayer to pay interest on borrowed money used for the purpose of earning income from a business or property.

1994, c. 22, s. 95; 2001, c. 7, s. 19.

125.0.2. For the purposes of this Part, where at any time in a taxation year of a taxpayer an indexed debt obligation is an obligation of the taxpayer,

(a)  an amount determined in prescribed manner is deemed to be payable in respect of the year by the taxpayer as interest in respect of the obligation; and

(b)  an amount determined in prescribed manner is deemed to be received or receivable by the taxpayer in the year as interest in respect of the obligation.

Where the taxpayer pays or credits an amount in respect of an amount determined under subparagraph a of the first paragraph in respect of an indexed debt obligation, the payment or crediting is deemed to be a payment or crediting of interest on the obligation.

1994, c. 22, s. 95.

125.0.3. Section 125.0.1 does not apply to a taxpayer in respect of an indexed debt obligation for the part of a taxation year throughout which the obligation is impaired where an amount in respect of the obligation is deductible because of paragraph b of section 140 in computing the taxpayer’s income for the year.

2001, c. 7, s. 20.

DIVISION V.1 LEASING PROPERTIES

1991, c. 25, s. 42.

125.1. Where a taxpayer, in this division referred to as the “lessee”, has leased corporeal property, other than prescribed property, that would, if the lessee had acquired the property, have been depreciable property of the lessee, from a person resident in Canada other than a person whose taxable income is exempt from tax under this Part, or from a person not resident in Canada who holds the lease in the course of carrying on a business through an establishment in Canada any income from which is subject to tax under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), who owns the property and with whom the lessee was dealing at arm’s length, in this division referred to as the “lessor”, for a term of more than one year, the following rules apply for the purpose of computing the income of the lessee for the taxation year that includes the particular time when the lease began and for all subsequent taxation years, if the lessee and the lessor have jointly so elected in a prescribed form filed with their fiscal returns under this Part for their respective taxation years that include the particular time:

(a)  in respect of any amount paid or payable for the use of, or for the right to use, the property, the lease is deemed not to be a lease;

(b)  the lessee is deemed to have acquired the property from the lessor at the particular time at a cost equal to its fair market value at that time;

(c)  the lessee is deemed to have borrowed money from the lessor at the particular time, for the purpose of acquiring the property, in a principal amount equal to the fair market value of the property at that time;

(d)  interest, capitalized semi-annually, not in advance, is deemed to accrue on the principal amount of the borrowed money outstanding from time to time, at the prescribed rate in effect at the beginning of the period for which the interest is being calculated, where the lease provides that the amount payable by the lessee for the use of, or the right to use, the property varies according to prevailing interest rates in effect from time to time, and the lessee so elects, in respect of all of the property that is subject to the lease, in his fiscal return under this Part for his taxation year in which the lease commenced, or at the prescribed rate in effect on the earlier of the particular time and the time, before the particular time, at which the lessee last entered into an agreement to lease the property;

(e)  the amounts paid or payable by or on behalf of the lessee for the use of, or the right to use, the property in the year are deemed to be blended payments, paid or payable by the lessee, of principal and interest on the borrowed money outstanding from time to time, calculated in accordance with paragraph d, applied firstly on account of interest on principal, secondly on account of interest on unpaid interest and thirdly on account of unpaid principal, if any, and the amount by which the aggregate of such amounts paid or payable exceeds the aggregate of the amounts so applied is deemed to be paid or payable on account of interest, and any amount deemed by reason of this paragraph to be a payment of interest is deemed to have been an amount paid or payable, as the case may be, pursuant to a legal obligation to pay interest in respect of the year on the borrowed money;

(f)  at the time of the expiration or cancellation of the lease, the assignment of the lease or the sublease of the property by the lessee, the lessee is deemed, except where section 125.4 applies, to dispose of the property at that time for proceeds of disposition equal to the amount by which the aggregate of the amount referred to in paragraph c and the amounts received or receivable by the lessee in respect of the cancellation or assignment of the lease or the sublease of the property exceeds the aggregate of the amounts deemed under paragraph e to have been paid or payable, as the case may be, by the lessee on account of the principal amount of the borrowed money and the amounts paid or payable by or on behalf of the lessee in respect of the cancellation or assignment of the lease or the sublease of the property;

(g)  for the purposes of sections 97.2 to 97.4, each amount paid or payable by or on behalf of the lessee that would, but for this section, have been an amount paid or payable for the use of, or the right to use of, the property is deemed to have been deducted in computing the lessee’s income as an amount paid or payable by the lessee for the use of, or the right to use, the property after the particular time;

(h)  any amount paid or payable by or on behalf of the lessee in respect of the granting or assignment of the lease or the sublease of the property that would, but for this paragraph, be the capital cost to the lessee of a leasehold interest in the property is deemed to be an amount paid or payable, as the case may be, by the lessee for the use of, or the right to use, the property for the remaining term of the lease;

(i)  where the lessee has made an election under this section in respect of a property and, at any time after the lease was entered into, the owner of the property is a person not resident in Canada who does not hold the lease in the course of carrying on a business through an establishment in Canada any income from which is subject to tax under Part I of the Income Tax Act, the lease is deemed, for the purposes of this section, to have been cancelled at that time.

1991, c. 25, s. 42; 1993, c. 16, s. 70; 1994, c. 22, s. 96; 1996, c. 39, s. 45; 2001, c. 53, s. 39; 2005, c. 1, s. 54; 2005, c. 23, s. 40.

125.2. Subject to sections 125.3 and 125.4, where at any particular time a lessee who has made an election under section 125.1 in respect of a leased property assigns the lease or subleases the property to another person, in this division referred to as the “assignee”, the following rules apply:

(a)  section 125.1 does not apply in computing the income of the lessee in respect of the lease for any period after the particular time;

(b)  if the lessee and the assignee have jointly so elected by filing the prescribed form with their fiscal returns under this Part for their respective taxation years that include the particular time, section 125.1 applies to the assignee as if

i.  the assignee had leased the property at the particular time from the owner of the property for a term of more than one year, and

ii.  the assignee and the owner of the property had jointly elected under the said section 125.1 in respect of the property by filing the prescribed form with their fiscal returns under this Part for their respective taxation years that include the particular time.

1991, c. 25, s. 42; 1993, c. 16, s. 71; 1994, c. 22, s. 97; 1996, c. 39, s. 46.

125.3. Subject to section 125.4, where at any particular time a lessee who has made an election under section 125.1 in respect of a leased property assigns the lease or subleases the property to another person with whom he is not dealing at arm’s length, the other person is deemed, for the purposes of section 125.1 and for the purposes of computing his income in respect of the lease for any period after the particular time, to be the same person as, and the continuation of, the lessee.

However, notwithstanding paragraph b of section 125.1, that other person is deemed to have acquired the property from the lessee at the time that it was acquired by the lessee, at a cost equal to the lessee’s proceeds of disposition of the property that would be determined under paragraph f of section 125.1 if the said paragraph f were read without reference to “and the amounts received or receivable by the lessee in respect of the cancellation or assignment of the lease or the sublease of the property” and to “and the amounts paid or payable by or on behalf of the lessee in respect of the cancellation or assignment of the lease or the sublease of the property”, with the necessary modifications.

1991, c. 25, s. 42; 1994, c. 22, s. 98; 1995, c. 63, s. 261.

125.4. Notwithstanding section 125.2, where at any time a particular corporation that has made an election under section 125.1 in respect of a lease assigns the lease by reason of an amalgamation, within the meaning of subsections 1 and 2 of section 544, or in the course of the winding-up of a Canadian corporation in respect of which sections 556 to 564.1 and 565 apply, to another corporation with which it does not deal at arm’s length, the other corporation is deemed, for the purposes of section 125.1 and for the purposes of computing its income in respect of the lease after that time, to be the same person as, and a continuation of, the particular corporation.

1991, c. 25, s. 42; 1997, c. 3, s. 71.

125.5. For the purposes of section 125.1, property that is provided at any time by a lessor to a lessee as a replacement for a similar property of the lessor that was leased by the lessor to the lessee is deemed to be the same property as the similar property where the amount payable by the lessee for the use of, or the right to use, the replacement property is the same as the amount that was payable in respect of the similar property.

1993, c. 16, s. 72; 1994, c. 22, s. 99.

125.6. For the purposes of section 125.1, where at any particular time, an addition or alteration, in this section referred to as the “additional property”, is made by a lessor to a property, in this section referred to as the “original property”, of the lessor that is the subject of a lease, the lessor and the lessee of the original property have filed the joint election referred to in section 125.1 in respect of the original property, and, as a consequence of the addition or alteration, the total amount payable by the lessee for the use of, or the right to use, the original property and the additional property exceeds the amount so payable in respect of the original property, the following rules apply:

(a)  the lessee is deemed to have leased the additional property from the lessor at the particular time,

(b)  the term of the lease of the additional property is deemed to be greater than one year,

(c)  the lessor and the lessee are deemed to have jointly elected in accordance with section 125.1 in respect of the additional property,

(d)  the prescribed rate in effect at the particular time in respect of the additional property is deemed to be equal to the prescribed rate in effect in respect of the original property at the particular time,

(e)  the additional property is deemed, for the purposes of section 125.1, not to be prescribed property, and

(f)  the amount by which the total amount payable by the lessee for the use of, or the right to use, the original property and the additional property exceeds the amount so payable in respect of the original property is deemed to be an amount payable by the lessee for the use of, or the right to use, the additional property.

1993, c. 16, s. 72; 1994, c. 22, s. 100.

125.7. For the purposes of section 125.1, where at any time a lease, in this section referred to as the “original lease”, is renegotiated in the course of a bona fide renegotiation and, as a result of the renegotiation, the amount payable by the lessee for the use of, or the right to use, the property that is the subject of the lease is altered in respect of a period after that time, otherwise than by reason of an addition or alteration in respect of which section 125.6 applies, the original lease is deemed to have expired and the renegotiated lease is deemed to be a new lease of the property entered into at that time.

1993, c. 16, s. 72.

DIVISION VI

Repealed, 2001, c. 53, s. 40.

1997, c. 14, s. 37; 2001, c. 53, s. 40.

126. (Repealed).

1972, c. 23, s. 115; 1978, c. 26, s. 32; 1986, c. 19, s. 22; 1997, c. 3, s. 71; 1997, c. 14, s. 38; 2001, c. 53, s. 40.

127. (Repealed).

1972, c. 23, s. 116; 1973, c. 17, s. 12; 1997, c. 3, s. 71; 2001, c. 53, s. 40.

DIVISION VII AMOUNT OWING BY A PERSON NOT RESIDENT IN CANADA

2001, c. 53, s. 41.

127.1. In this division,

“active business” has the meaning assigned by subsection 1 of section 95 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

“controlled foreign affiliate”, at any time, of a taxpayer resident in Canada, means a corporation that would, at that time, be a controlled foreign affiliate of the taxpayer within the meaning of section 572 if that section were read as if “resident in Canada” were inserted after “any person” in subparagraphs ii and iv of its paragraph b;

“exempt loan or transfer” means

(a)  a loan made by a corporation resident in Canada where the interest rate charged on the loan is not less than the interest rate that a lender and a borrower would have been willing to agree to if they were dealing with each other at arm’s length at the time the loan was made;

(b)  a transfer of property by a corporation resident in Canada, other than a transfer of property made for the purpose of acquiring shares of the capital stock of a foreign affiliate of a corporation or a foreign affiliate of a person resident in Canada with whom the corporation was not dealing at arm’s length, or payment of an amount by a corporation resident in Canada pursuant to an agreement made on terms and conditions that persons who were dealing with each other at arm’s length at the time the agreement was entered into would have been willing to agree to;

(c)  a dividend paid by a corporation resident in Canada on shares of a class of its capital stock; or

(d)  a payment made by a corporation resident in Canada on a reduction of the paid-up capital in respect of shares of a class of its capital stock, not exceeding the total amount of the reduction;

“income from an active business” has the meaning assigned by subsection 1 of section 95 of the Income Tax Act;

“non-discretionary trust”, at any time, means a trust in which all interests were vested indefeasibly at the beginning of the trust’s taxation year that includes that time;

“settlor” in respect of a trust, at any time, means any person or partnership that has made a loan or transfer of property, either directly or indirectly in any manner whatever, to or for the benefit of the trust at or before that time, other than, where the person or partnership deals at arm’s length with the trust at that time,

(a)  a loan made by the person or partnership to the trust at a reasonable rate of interest; or

(b)  a transfer of property made by the person or partnership to the trust for fair market value consideration.

2001, c. 53, s. 41; 2004, c. 8, s. 22; 2010, c. 25, s. 13.

127.2. For the purposes of this division, the following rules apply in determining whether persons are related to each other and whether a corporation not resident in Canada is a controlled foreign affiliate of a corporation resident in Canada at any time:

(a)  each member of a partnership is deemed to own that proportion of the number of shares of a class of the capital stock of a corporation that are owned by the partnership at that time that the fair market value at that time of the member’s interest in the partnership is of the fair market value at that time of the interests of all members in the partnership; and

(b)  each beneficiary of a non-discretionary trust is deemed to own that proportion of the number of shares of a class of the capital stock of a corporation that are owned by the trust at that time that the fair market value at that time of the beneficiary’s beneficial interest in the trust is of the fair market value at that time of all the beneficial interests in the trust.

2001, c. 53, s. 41.

127.3. For the purposes of this division, in determining whether persons are related to each other at any time, each settlor in respect of a trust, other than a non-discretionary trust, is deemed to own the shares of a class of the capital stock of a corporation owned by the trust at that time.

2001, c. 53, s. 41.

127.3.1. For the purposes of this division, in determining whether persons are related to each other at any time, any rights referred to in paragraph b of section 20 that exist at that time are deemed not to exist at that time to the extent that the exercise of those rights is prohibited at that time under a law of the country under the jurisdiction of which the corporation was formed or last continued and is governed, that restricts the foreign ownership or control of the corporation.

2004, c. 8, s. 23.

127.3.2. For the purposes of section 127.7 and paragraph b of section 127.8, where an intermediate lender makes a loan to an intended borrower, and that loan arises out of another loan which the intermediate lender received from an initial lender, the following rules apply:

(a)  the loan made by the intermediate lender to the intended borrower is deemed to have been made by the initial lender to the intended borrower, to the extent of the lesser of the amount of that loan and the amount of the loan made by the initial lender to the intermediate lender, under the same terms and conditions and at the same time as it was made by the intermediate lender; and

(b)  the loan made by the initial lender to the intermediate lender and the loan made by the intermediate lender to the intended borrower are deemed not to have been made to the extent of the amount of the loan deemed to have been made under subparagraph a.

For the purposes of the first paragraph, the expressions “intermediate lender”, “intended borrower” and “initial lender” refer to a person not resident in Canada or a partnership each member of which is not resident in Canada.

2004, c. 8, s. 23.

127.3.3. For the purpose of applying paragraph b of section 127.8 in respect of a corporation resident in Canada, in determining whether persons described in subparagraph i of that paragraph b are related to each other at any time, any rights referred to in paragraph b of section 20 that otherwise exist at that time are deemed not to exist at that time where, if the rights were exercised immediately before that time,

(a)  all of those persons would at that time be controlled foreign affiliates of the corporation resident in Canada; and

(b)  because of section 127.13, section 127.6 would not apply to the corporation in respect of the amount that would, but for this section, have been deemed to have been owing at that time to the corporation by the person not resident in Canada described in subparagraph i of paragraph b of section 127.8.

2004, c. 8, s. 23.

127.4. For the purposes of this division, in determining whether a person who is not resident in Canada is a controlled foreign affiliate of a corporation resident in Canada at any time, each settlor in respect of a trust, other than a non-discretionary trust, is deemed to own that proportion of the number of shares of a class of the capital stock of a corporation owned by the trust at that time that one is of the number of settlors in respect of the trust at that time.

2001, c. 53, s. 41.

127.5. For the purposes of this division, where, at any time, two corporations resident in Canada are related, otherwise than because of a right referred to in paragraph b of section 20, any corporation that is a controlled foreign affiliate of one of the corporations at that time is deemed to be a controlled foreign affiliate of the other corporation at that time.

2001, c. 53, s. 41.

127.6. Where, at any time in a taxation year of a corporation resident in Canada, a person not resident in Canada owes an amount to the corporation, that amount has been or remains outstanding for more than a year and the amount determined under the second paragraph for the year is less than the amount of interest that would be included in computing the corporation’s income for the year in respect of the amount owing if that interest were computed at a reasonable rate for the period in the year during which the amount was owing, the corporation shall include an amount in computing its income for the year equal to the amount by which the amount of interest that would be included in computing the corporation’s income for the year in respect of the amount owing if that interest were computed at the prescribed rate for the period in the year during which the amount was owing exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is equal to the aggregate of

(a)  an amount included in computing the corporation’s income for the year as, on account of, in lieu of or in satisfaction of, interest in respect of the amount owing;

(b)  an amount received or receivable by the corporation from a trust that is included in computing the corporation’s income for the year or a subsequent year and that can reasonably be attributed to interest on the amount owing for the period in the year during which the amount was owing; and

(c)  an amount that is included in computing the corporation’s income for the year or a subsequent year under section 580 and that can reasonably be attributed to interest on the amount owing for the period in the year during which the amount was owing.

2001, c. 53, s. 41.

127.7. For the purposes of this division and subject to section 127.8, a person not resident in Canada is deemed at any time to owe to a corporation resident in Canada an amount equal to the amount owing to a particular person or partnership where

(a)  the person not resident in Canada owes an amount at that time to the particular person or partnership, other than a corporation resident in Canada; and

(b)  it may reasonably be considered that the particular person or partnership entered into the transaction under which the amount became owing or the particular person or partnership permitted the amount owing to remain outstanding because a corporation resident in Canada made a loan or transfer of property, or the particular person or partnership anticipated that a corporation resident in Canada would make a loan or transfer of property, either directly or indirectly in any manner whatever, to or for the benefit of any person or partnership, other than an exempt loan or transfer.

2001, c. 53, s. 41.

127.8. Section 127.7 does not apply to an amount owing at any time by a person not resident in Canada to a particular person or partnership where

(a)  at that time, the person not resident in Canada and the particular person or each member of the particular partnership, as the case may be, are controlled foreign affiliates of the corporation resident in Canada; or

(b)  at that time,

i.  the person not resident in Canada and the particular person are not related or the person not resident in Canada and each member of the particular partnership are not related, as the case may be,

ii.  the terms and conditions made or imposed in respect of the amount owing, determined without reference to any loan or transfer of property by a corporation resident in Canada described in paragraph b of section 127.7 in respect of the amount owing, are such that persons dealing at arm’s length would have been willing to enter into them at the time that they were entered into, and

iii.  if there were an amount of interest payable on the amount owing at that time that would be required to be included in computing the income of a foreign affiliate of the corporation resident in Canada for a taxation year, that amount of interest would not be required to be included in computing the foreign accrual property income, within the meaning of section 579, of the foreign affiliate for that year.

2001, c. 53, s. 41.

127.9. For the purposes of this division, where a person not resident in Canada owes a particular amount at any time to a partnership and section 127.7 does not deem the person not resident in Canada to owe an amount equal to that particular amount to a corporation resident in Canada, the person not resident in Canada is deemed to owe at that time to each member of the partnership, on the same terms and conditions as those that apply in respect of the amount owing to the partnership, that proportion of the amount owing to the partnership at that time that the fair market value at that time of the member’s interest in the partnership is of the fair market value at that time of the interests of all members in the partnership.

2001, c. 53, s. 41.

127.10. For the purposes of this division, where a person not resident in Canada owes a particular amount at any time to a trust and section 127.7 does not deem that person to owe an amount equal to that particular amount to a corporation resident in Canada, the following rules apply:

(a)  where the trust is a non-discretionary trust at that time, the person not resident in Canada is deemed to owe at that time to each beneficiary of the trust, on the same terms and conditions as those that apply in respect of the amount owing to the trust, an amount equal to that proportion of the amount owing to the trust at that time that the fair market value at that time of the beneficiary’s beneficial interest in the trust is of the fair market value at that time of all the beneficial interests in the trust; and

(b)  in any other case, the person not resident in Canada is deemed to owe at that time to each settlor in respect of the trust, on the same terms and conditions as those that apply in respect of the amount owing to the trust, an amount equal to the amount owing to the trust.

2001, c. 53, s. 41.

127.11. For the purposes of this division, where a particular partnership owes an amount at any time to any person or any other partnership, in this section referred to as the “lender”, each member of the particular partnership is deemed to owe at that time to the lender, on the same terms and conditions as those that apply in respect of the amount owing by the particular partnership to the lender, an amount equal to that proportion of the amount owing to the lender at that time that the fair market value at that time of the member’s interest in the particular partnership is of the fair market value at that time of the interests of all members in the particular partnership.

2001, c. 53, s. 41.

127.12. Section 127.6 does not apply to an amount owing to a corporation resident in Canada by a person not resident in Canada if a prescribed tax has been paid on the amount owing.

For the purposes of this section, a prescribed tax is deemed not to have been paid on that portion of the amount owing in respect of which an amount was repaid or applied in accordance with subsection 6.1 of section 227 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2001, c. 53, s. 41.

127.13. Section 127.6 does not apply to a corporation resident in Canada for a taxation year of the corporation in respect of an amount owing to the corporation by a person not resident in Canada if that person is a controlled foreign affiliate of the corporation throughout the period in the year during which the amount is owing to the extent that it is established that the amount owing

(a)  arose as a loan or advance of money to the affiliate that the affiliate has used, throughout the period that began when the loan or advance was made and that ended at the earlier of the end of the year and the time at which the amount was repaid,

i.  for the purpose of earning income from an active business of the affiliate or income that was included under subsection 2 of section 95 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) in computing the income from an active business of the affiliate, or

ii.  for the purpose of making a loan or advance to another controlled foreign affiliate of the corporation where, if interest became payable on the loan or advance at any time in the period and the affiliate was required to include the interest in computing its income for a taxation year, that interest would not be required to be included in computing the affiliate’s foreign accrual property income, within the meaning of section 579, for that year; or

(b)  arose in the course of an active business carried on by the affiliate throughout the period that began when the amount owing arose and that ended at the earlier of the end of the year and the time at which the amount was repaid.

2001, c. 53, s. 41; 2010, c. 25, s. 14.

127.13.1. The presumption in the second paragraph applies in respect of money (in this section referred to as “new borrowings”) that a controlled foreign affiliate of a particular corporation resident in Canada has borrowed from the particular corporation to the extent that the affiliate has used the new borrowings

(a)  to repay money (in this section referred to as “previous borrowings”) previously borrowed from any person or partnership, if

i.  the previous borrowings became owing after the last time at which the affiliate became a controlled foreign affiliate of the particular corporation, and

ii.  the previous borrowings were, at all times after they became owing, used for any of the purposes described in subparagraphs i and ii of paragraph a of section 127.13; or

(b)  to pay an amount owing (in this section referred to as the “unpaid purchase price”) by the affiliate for a property previously acquired from any person or partnership, if

i.  the property was acquired, and the unpaid purchase price became owing, by the affiliate after the last time at which it became a controlled foreign affiliate of the particular corporation,

ii.  the unpaid purchase price is in respect of the property, and

iii.  throughout the period that began when the unpaid purchase price became owing by the affiliate and ended when the unpaid purchase price was so paid, the property was used principally to earn income described in subparagraph i of paragraph a of section 127.13.

For the purposes of section 127.13, the new borrowings are deemed to have been used for the purposes for which the previous borrowings were used or were deemed by this paragraph to have been used, or to acquire the property in respect of which the unpaid purchase price was payable, as the case may be.

2010, c. 25, s. 15.

127.14. Section 127.6 does not apply to a corporation resident in Canada for a taxation year of the corporation in respect of an amount owing to the corporation by a person not resident in Canada if

(a)  the corporation is not related to the person not resident in Canada throughout the period in the year during which the amount owing remains outstanding;

(b)  the amount owing arose in respect of goods sold or services provided to the person not resident in Canada by the corporation in the ordinary course of the business carried on by the corporation; and

(c)  the terms and conditions in respect of the amount owing are such that persons dealing at arm’s length would have been willing to enter into them at the time that they were entered into.

2001, c. 53, s. 41.

127.15. For the purposes of this division,

(a)  where any person or partnership has a right under a contract or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares of the capital stock of a corporation, that person or partnership is deemed to own those shares if it can reasonably be considered that the principal purpose for the existence of the right is to avoid or reduce the amount of income that a corporation would otherwise be required to include in computing its income for a taxation year under section 127.6; and

(b)  where any person or partnership acquires or disposes of shares of the capital stock of a corporation, either directly or indirectly, and it can reasonably be considered that the principal purpose for the acquisition or disposition of the shares is to avoid or reduce the amount of income that a corporation would otherwise be required to include in computing its income for a taxation year under section 127.6, those shares are deemed not to have been acquired or disposed of, as the case may be, and where the shares were unissued by the corporation immediately before the acquisition, those shares are deemed not to have been issued.

2001, c. 53, s. 41.

CHAPTER III DEDUCTIONS

1972, c. 23.

DIVISION I GENERALITIES

1972, c. 23.

128. A taxpayer may deduct, in computing his income from a business or property for a taxation year, only the outlays or expenses made or incurred by him during such year or payable in respect of such year, to the extent that they may reasonably be regarded as being related to such business or property and that they were made or incurred to gain income from such business or property and to the extent provided in this chapter, unless otherwise provided in this Part.

1972, c. 23, s. 117; 1997, c. 85, s. 330.

129. Such amounts shall not include any loss or replacement of capital, a payment or amount disbursed on account of capital or an allowance in respect of depreciation, obsolescence or depletion except as expressly permitted by this Part.

1972, c. 23, s. 118.

130. A taxpayer may however deduct:

(a)  subject to section 130.0.1, the prescribed part or amount of the capital cost of property to the taxpayer; and

(b)  the amount that the taxpayer claims in respect of a business, not exceeding 7% of the eligible incorporeal capital amount in respect of the business at the end of the year except that, where the year is less than 12 months, the amount allowed as a deduction under this paragraph shall not exceed that proportion of the maximum amount otherwise allowable that the number of days in the taxation year is of 365.

1972, c. 23, s. 119; 1989, c. 5, s. 42; 1990, c. 59, s. 70; 2003, c. 2, s. 44; 2005, c. 1, s. 55.

130.0.1. An individual shall not however deduct under paragraph a of section 130, in computing his income from a business or property for a taxation year subsequent to his taxation year 1987, the prescribed part or amount of the capital cost of property that is a certified Québec film within the meaning of the regulations under the said section.

1989, c. 5, s. 43.

130.1. Notwithstanding sections 128, 129 and 133, no amount may be deducted by a taxpayer in computing the taxpayer’s income for a taxation year under paragraph a of section 130 in respect of the taxpayer’s depreciable property of a prescribed class where, at the end of the year, the aggregate of the amounts determined under subparagraphs i to ii.3 of subparagraph e of the first paragraph of section 93 exceeds the amount determined under the second paragraph of that section in respect of the taxpayer’s depreciable property of that class and, at that time, the taxpayer no longer owns any property of that class.

However, subject to the third and fourth paragraphs, the taxpayer shall deduct that excess amount in computing his income for the year.

Where the excess amount referred to in the first paragraph concerns a prescribed class that includes an automobile acquired by the taxpayer before 18 June 1987 or after 17 June 1987 pursuant to an obligation in writing entered into before 18 June 1987, no amount shall be deducted by the taxpayer in computing his income for the year other than an amount equal to what the excess amount would be if the capital cost of the automobile did not exceed the prescribed amount and, subject to the fifth paragraph, where the excess amount referred to in the first paragraph concerns a prescribed class that includes either an automobile, other than an automobile used under a permit for the transportation of passengers for remuneration, acquired by the taxpayer before 18 June 1987 or after 17 June 1987 pursuant to an obligation in writing entered into before 18 June 1987, or an automobile that would have been such an automobile had it been acquired by the taxpayer before 18 June 1987 and that is a passenger vehicle acquired by him in his taxation year 1987, and the taxpayer is an individual who used the automobile partly to gain income from a business or property and partly for his personal use, no amount shall be deducted by the taxpayer in computing his income for the year other than an amount equal to the prescribed part of the excess amount.

Where the excess amount referred to in the first paragraph concerns a prescribed class and includes a certified Québec film within the meaning of the regulations under section 130, a taxpayer shall not deduct that excess amount in computing his income from a business or property for a taxation year subsequent to his taxation year 1987.

This section does not apply

(a)  in respect of a prescribed class that includes a passenger vehicle of a taxpayer in respect of which paragraph d.3 or d.4 of section 99 or section 525.1 applied to the taxpayer; or

(b)  in respect of a taxation year in relation to a property that was a former property deemed by subparagraph a or b of the second paragraph of section 96.0.2 to be owned by a taxpayer, if

i.  within 24 months after the taxpayer last owned the former property, the taxpayer or a person not dealing at arm’s length with the taxpayer acquires a similar property in respect of the same fixed place to which the former property related, and

ii.  at the end of the taxation year, the taxpayer or the person owns the similar property or another similar property in respect of the same fixed place to which the former property related.

1978, c. 26, s. 33; 1982, c. 5, s. 37; 1989, c. 5, s. 44; 1990, c. 59, s. 71; 1991, c. 25, s. 187; 1993, c. 16, s. 73; 1994, c. 22, s. 101; 2001, c. 53, s. 42; 2009, c. 15, s. 55.

131. No outlay or expense may be deducted to the extent that it may reasonably be regarded as having been made or incurred to gain or produce exempt income or in connection with property the income from which is exempt.

1972, c. 23, s. 120.

132. The annual value of property shall not be deducted except rent for property leased by the taxpayer for use in his business.

The same applies to any amount as, or in full or partial payment of, a reserve, a contingent liability or amount or a sinking fund, except as expressly permitted by this Part.

1972, c. 23, s. 121; 1990, c. 59, s. 72.

132.1. A taxpayer who is an insurer shall not deduct, in computing his income from a business or property for a taxation year, an amount in respect of claims that were received by him before the end of the year under insurance policies and that are unpaid at the end of the year, except as expressly permitted by this Part.

1990, c. 59, s. 73; 1994, c. 22, s. 102.

132.2. A taxpayer shall not deduct, in computing his income from a business or property for a taxation year, an amount in respect of any loss, depreciation or reduction in the value or amortized cost of a loan or lending asset made or acquired by him in the ordinary course of his business of insurance or the lending of money and not disposed of by him in the taxation year, except as expressly permitted by this Part.

1990, c. 59, s. 73; 1993, c. 16, s. 74.

133. A taxpayer shall not deduct, in computing the taxpayer’s income from a business or property for a taxation year, personal or living expenses of the taxpayer, other than travel expenses incurred by the taxpayer while away from home in the course of carrying on the taxpayer’s business.

1972, c. 23, s. 122; 1990, c. 59, s. 74; 1997, c. 85, s. 51.

133.1. (Repealed).

1978, c. 26, s. 34; 1979, c. 38, s. 8; 1984, c. 35, s. 11; 1990, c. 59, s. 75.

133.2. (Repealed).

1978, c. 26, s. 34; 1990, c. 59, s. 75.

133.2.1. A taxpayer shall not deduct, in computing his income from a business or property for a taxation year, any portion in excess of the prescribed amount of an amount paid or payable by him as an allowance for the use by an individual of an automobile, except where the amount so paid or payable is required to be included in computing the individual’s income.

1990, c. 59, s. 76.

133.3. (Repealed).

1978, c. 26, s. 34; 1984, c. 15, s. 31; 1994, c. 22, s. 103; 1998, c. 16, s. 89; 2005, c. 1, s. 56.

133.4. A taxpayer shall not, in computing the income of the taxpayer from a business or property for a taxation year, deduct any amount paid or payable by the taxpayer for services in respect of a retirement savings plan, retirement income fund or tax-free savings account under or of which the taxpayer is the annuitant or holder.

1998, c. 16, s. 90; 2009, c. 15, s. 56.

133.5. An individual, other than a performing artist, shall not deduct any amount in computing the individual’s income from a business or property, in respect of an outlay or an expense made or incurred by the individual in respect of an article of clothing to be worn by the individual, except where it may reasonably be considered that the article of clothing cannot be worn by the individual otherwise than for the purpose of earning income from a business or property, or of earning income from a business or property and from another source.

For the purposes of the first paragraph, “performing artist” means an individual engaged in activities as a program host or who performs in a creative field such as the theatre, motion pictures, music, dance, variety shows, multimedia, dubbing or advertising.

2000, c. 39, s. 13; 2005, c. 38, s. 62.

133.6. A taxpayer that is an authorized foreign bank, shall not deduct an amount in respect of interest that would otherwise be deductible in computing the taxpayer’s income from a business the taxpayer carries on in Canada, except as provided in sections 175.2.8 to 175.2.11.

2004, c. 8, s. 24.

134. No amount disbursed or expended by the taxpayer after 1971 for the use or maintenance of a yacht, a lodge, a camp or a golf course or facility may be deducted unless the taxpayer’s business provides any of the foregoing for hire or reward and such outlay or expense is made or incurred in the ordinary course of such business.

The same applies to such an amount when expended or disbursed as fees or dues, whether membership dues, initiation fees or otherwise, in any club the main purpose of which is to provide dining, recreational or sporting facilities for its members.

However, this section does not apply to such an amount that is a gift or award referred to in section 37.1.5.

1972, c. 23, s. 123; 1986, c. 19, s. 23; 2003, c. 9, s. 20.

134.1. An individual shall not deduct, in computing his income for a taxation year, any amount paid by him in the year, or payable by him in respect of that year, as

(a)  annual professional membership dues the payment of which was necessary to maintain a professional status recognized by statute;

(a.1)  dues the individual is required to pay to a recognized association under the Act respecting the representation of certain home childcare providers and the negotiation process for their group agreements (chapter R-24.0.1) as a home childcare provider represented by that association;

(b)  annual dues the payment of which was necessary to maintain membership in an artists’ association recognized by the Minister on the recommendation of the Minister of Culture and Communications;

(c)  a contribution the individual was required to pay under section 10 of the Act to amend the Professional Code (1995, chapter 50) or section 196.2 of the Professional Code (chapter C-26).

The dues described in any of subparagraphs a to b of the first paragraph do not include the portion thereof that is, in effect, levied under a retirement plan, a plan for annuities, insurance or similar benefits, or for any other purpose not directly related to the ordinary operating expenses of the entity to which they were paid, or that corresponds to the Québec sales tax or the goods and services tax in respect of such dues.

1997, c. 14, s. 39; 2008, c. 11, s. 185; 2009, c. 36, s. 72; 2010, c. 25, s. 16.

134.2. A partnership shall not deduct, in computing its income for a taxation year, any amount paid by it in the year, or payable by it in respect of the year, on behalf of an individual who is a member of the partnership, as

(a)  annual professional membership dues the payment of which was necessary for the individual to maintain a professional status recognized by statute;

(b)  annual dues the payment of which was necessary for membership of the individual in an artists’ association recognized by the Minister on the recommendation of the Minister of Culture and Communications;

(c)  a contribution the individual was required to pay under section 10 of the Act to amend the Professional Code (1995, chapter 50) or section 196.2 of the Professional Code (chapter C-26).

The annual dues described in subparagraph a or b of the first paragraph do not include the portion thereof that is, in effect, levied under a retirement plan, a plan for annuities, insurance or similar benefits, or for any other purpose not directly related to the ordinary operating expenses of the entity to which they were paid, or that corresponds to the Québec sales tax or the goods and services tax in respect of such dues.

1997, c. 14, s. 39; 2008, c. 11, s. 185.

134.3. Where an amount would, but for section 134.2, be deductible in computing the income of a partnership for a particular taxation year as dues described in subparagraph a or b of the first paragraph of that section or as a contribution described in subparagraph c of that paragraph, the following rules apply:

(a)  where a corporation is a member of the partnership at the end of the particular taxation year, the corporation’s share of the amount shall be deductible in computing the corporation’s income for the taxation year in which the particular taxation year ends;

(b)  where a particular partnership is a member of the partnership at the end of the particular taxation year, the particular partnership’s share of the amount is deemed to be an amount paid by the particular partnership in the particular partnership’s taxation year in which the particular taxation year ends, or an amount payable by the particular partnership in respect of the particular partnership’s taxation year in which the particular taxation year ends, as dues described in subparagraph a or b of the first paragraph of section 134.2 or as a contribution described in subparagraph c of that paragraph, as the case may be;

(c)  where an individual is a member of the partnership at the end of the particular taxation year, the individual’s share of the amount is deemed to be an amount paid by the individual in the individual’s taxation year in which the particular taxation year ends, or an amount payable by the individual in respect of the individual’s taxation year in which the particular taxation year ends, as dues described in subparagraph a or b of the first paragraph of section 134.1 or as a contribution described in subparagraph c of that paragraph, as the case may be.

1997, c. 14, s. 39.

135. A taxpayer shall not deduct:

(a)  (paragraph repealed);

(b)  an amount paid in respect of patronage dividends granted to his customers, except as provided in section 786;

(c)  an amount paid or payable as a contribution to an employee benefit plan;

(d)  an outlay or expense made or incurred under a salary deferral arrangement in respect of another person, except as expressly permitted by paragraphs p and q of section 157;

(e)  except as expressly permitted by section 139.1, contributions made under a retirement compensation arrangement.

1972, c. 23, s. 124; 1979, c. 18, s. 11; 1982, c. 5, s. 38; 1987, c. 67, s. 37; 1988, c. 18, s. 9; 1989, c. 5, s. 45; 1989, c. 77, s. 19; 1991, c. 25, s. 176; 1993, c. 16, s. 75.

135.1. Paragraph c of section 135 does not apply in respect of a contribution made to an employee benefit plan, to the extent that

(a)  the contribution

i.  is made in respect of services performed by an employee who is not resident in Canada and is regularly employed in a country other than Canada, and

ii.  cannot reasonably be regarded as having been made in respect of services performed or to be performed during a period when the employee is resident in Canada;

(b)  when the custodian of the plan is not resident in Canada, the contribution

i.  is made in respect of an employee who is not resident in Canada at the time the contribution is made, and

ii.  cannot reasonably be regarded as having been made in respect of services performed or to be performed during a period when the employee is resident in Canada; or

(c)  when the custodian of the plan is not resident in Canada, the contribution can reasonably be regarded as having been made in respect of services performed by an employee during a particular month, if the employee

i.  was resident in Canada throughout no more than 60 of the 72 calendar months ending with the particular month, and

ii.  became a member of the plan before the end of the month after the month in which he became resident in Canada.

For the purposes of subparagraph c of the first paragraph, where the benefits provided in respect of an employee under a particular employee benefit plan are replaced by the benefits provided under another employee benefit plan, the other plan is deemed, in respect of the employee, to be the same plan as the particular plan.

1982, c. 5, s. 39; 1991, c. 25, s. 176; 1995, c. 49, s. 45.

135.1.1. Paragraph d of section 135 does not apply to an outlay or expense made or incurred under a salary deferral arrangement that was established primarily for the benefit of one or more employees not resident in Canada in respect of services to be rendered outside Canada.

1988, c. 18, s. 10; 1993, c. 16, s. 76.

135.2. A corporation which carries on a personal services business may deduct in respect of that business under this chapter, only the following amounts to the extent that they would otherwise be deductible:

(a)  a salary, wages or other remuneration paid in the year to its incorporated employee;

(b)  the cost to the corporation of an allowance or a benefit granted in the year to an incorporated employee;

(c)  an expense which, had it been made by an individual, would have been deductible in computing his income for the year under section 62;

(d)  an amount it pays during the year as judicial or extrajudicial expenses to recover an amount owing to it for services it provided.

1983, c. 44, s. 22; 1997, c. 3, s. 20; 1997, c. 14, s. 40.

135.3. A taxpayer shall not deduct an amount paid or payable for the cancellation of a lease of property of the taxpayer leased by him to another person, except to the extent permitted by paragraph g or g.1 of section 157.

1984, c. 15, s. 32.

135.3.1. A taxpayer shall not deduct any amount paid or payable under Part VI.1, or under Part I.3 or VI of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 59, s. 77; 1991, c. 25, s. 43; 1997, c. 14, s. 41.

135.3.2. No individual may deduct, in computing the individual’s income from a business or property for a taxation year, an amount paid in that year or payable in respect of that year as safety deposit box rental fees with a financial institution.

1997, c. 85, s. 52.

135.3.3. A taxpayer who, under section 350.49 of the Act respecting the Québec sales tax (chapter T-0.1), is required to file an information return in respect of a supply referred to in that section, may not deduct or otherwise take into account in computing the taxpayer’s income for a taxation year, an amount that the taxpayer is required to declare in the information return if the taxpayer has not filed the information return in accordance with that section 350.49 or if, in the information return, the taxpayer did not declare the amount or did not furnish any of the other information required in respect of the amount.

2002, c. 9, s. 6.

135.4. Notwithstanding any other provision of this Part, in computing a taxpayer’s income for a taxation year, no deduction shall be made in respect of any outlay or expense made or incurred by the taxpayer, other than an amount deductible by reason of paragraph a of section 130, paragraphs h, h.1 and h.1.1 of section 157 or section 157.14, that may reasonably be regarded as a cost attributable to the period of the construction, renovation or alteration of a building by or on behalf of the taxpayer, a person with whom the taxpayer does not deal at arm’s length, a corporation of which the taxpayer is a specified shareholder or a partnership of which the taxpayer’s share of any income or loss is 10% or more and relating to the construction, renovation or alteration, or a cost attributable to that period and relating to the ownership during that period of land that is subjacent to the building or that is contiguous land necessary for the use or intended use of the building and used or intended to be used for a parking area, driveway, yard or garden or any similar use.

1984, c. 15, s. 32; 1985, c. 25, s. 30; 1986, c. 19, s. 24; 1990, c. 59, s. 78; 1993, c. 16, s. 77; 1997, c. 3, s. 71; 2006, c. 36, s. 26.

135.5. The amount referred to in section 135.4 shall, to the extent that it would, but for section 135.4, be deductible in computing the taxpayer’s income for the year, be included in the cost or the capital cost, as the case may be, of the building to the taxpayer, to a person with whom the taxpayer does not deal at arm’s length, to a corporation of which the taxpayer is a specified shareholder or to a partnership of which the taxpayer’s share of any income or loss is 10% or more, as the case may be.

1984, c. 15, s. 32; 1990, c. 59, s. 78; 1997, c. 3, s. 71; 2004, c. 8, s. 25.

135.6. For the purposes of sections 135.4 and 135.5, costs relating to the construction, renovation or alteration of a building or to the ownership of land include

(a)  interest paid or payable by a taxpayer in respect of borrowed money that cannot be identified with a particular building or particular land, but that can reasonably be considered, having regard to all the circumstances, as interest on borrowed money used by the taxpayer in respect of the construction, renovation or alteration of a building or the ownership of land; and

(b)  interest paid or payable by a taxpayer in respect of borrowed money that can reasonably be considered, having regard to all the circumstances, to have been used to assist, directly or indirectly, a person with whom the taxpayer does not deal at arm’s length, a corporation of which the taxpayer is a specified shareholder, or a partnership of which the taxpayer’s share of any income or loss is 10% or more, to construct, renovate or alter a building or to purchase land, except where the assistance is in the form of a loan to that person, corporation or partnership and a reasonable rate of interest thereon is charged by the taxpayer.

1984, c. 15, s. 32; 1986, c. 15, s. 49; 1990, c. 59, s. 79; 1997, c. 3, s. 71.

135.7. For the purposes of sections 135.4 and 135.5, the construction, renovation or alteration of a building is completed at the earlier of the day on which the construction, renovation or alteration is actually completed and the day on which all or substantially all of the building is used for the purpose for which it was constructed, renovated or altered.

1984, c. 15, s. 32.

135.8. Sections 135.4 and 135.5 do not apply to prohibit a deduction in a taxation year of an amount corresponding to the product obtained by multiplying by the percentage specified in the second paragraph any outlay or expense made or incurred before 1 January 1992 by

(a)  a corporation whose principal business is throughout the year the leasing, rental or sale, or the development for lease, rental or sale, or any combination thereof, of immovable property owned by it, to or for a person with whom it is dealing at arm’s length, or

(b)  a partnership each member of which is a corporation described in subparagraph a if the principal business of the partnership is throughout the year the leasing, rental or sale, or the development for lease, rental or sale, or any combination thereof, of immovable property held by it, to or for a person with whom each member of the partnership is dealing at arm’s length.

The percentage to which the first paragraph refers is equal to

(a)  80%, in respect of an outlay or expense made or incurred after 31 December 1987 and before 1 January 1989;

(b)  60%, in respect of an outlay or expense made or incurred after 31 December 1988 and before 1 January 1990;

(c)  40%, in respect of an outlay or expense made or incurred after 31 December 1989 and before 1 January 1991;

(d)  20%, in respect of an outlay or expense made or incurred after 31 December 1990 and before 1 January 1992.

1984, c. 15, s. 32; 1990, c. 59, s. 80; 1997, c. 3, s. 71.

135.9. Sections 135.4 and 135.5 do not apply in respect of an outlay or expense made or incurred in respect of a building or land described in section 135.4 in respect of the building

(a)  where the construction, renovation or alteration of the building was in progress on 12 November 1981;

(b)  where the installation of the footings or other base support of the building commenced between 12 November 1981 and 1 January 1982;

(c)  if, in the case of a new building being constructed in Canada or an existing building being renovated or altered in Canada, arrangements, evidenced in writing, for such construction, renovation or alteration were substantially advanced before 13 November 1981 and the installation of footings or other base support for the new building or the renovation or alteration of the existing building, as the case may be, commenced before 1 June 1982; or

(d)  if, in the case of a new building being constructed in Canada, the taxpayer was obligated to construct the building under the terms of an agreement in writing entered into before 13 November 1981, and arrangements, evidenced in writing, respecting the construction of the building were substantially advanced before 1 June 1982 and the installation of footings or other base support therefor commenced before 1 January 1983.

The first paragraph applies only if the construction, renovation or alteration of the building proceeds after 31 December 1982 without undue delay, having regard to superior force, labour disputes, fire, accidents or unusual delay by common carriers or suppliers of materials or equipment.

1984, c. 15, s. 32; 1993, c. 16, s. 78; 1997, c. 3, s. 21; 1997, c. 31, s. 17.

135.10. For the purposes of section 135.9, where more than one building is being constructed under any of the circumstances described in that section on one site or on contiguous sites, no undue delay is regarded as occurring in the construction of any such building if construction of at least one such building proceeds after 31 December 1982 without undue delay and continuous construction of all other such buildings proceeds after 31 December 1983 without undue delay.

1984, c. 15, s. 32.

135.11. For the purposes of sections 135.4 to 135.10, the installation of footings or other base support for a building is deemed to commence on the first placement of concrete, pilings or other material that is to provide permanent support for the building.

1984, c. 15, s. 32.

DIVISION II RETIREMENT PLANS

1972, c. 23.

136. No employer may deduct an amount paid under a retirement plan except as provided in this division.

1972, c. 23, s. 125.

137. An employer may deduct in computing his income for any taxation year such amount as is deductible in computing his income for the year to the extent provided in section 965.0.2.

1972, c. 23, s. 126; 1976, c. 18, s. 3; 1979, c. 38, s. 9; 1991, c. 25, s. 44.

137.1. (Repealed).

1972, c. 5, s. 40; 1991, c. 25, s. 45.

138. (Repealed).

1972, c. 23, s. 127; 1982, c. 5, s. 41.

139. (Repealed).

1972, c. 23, s. 128; 1972, c. 26, s. 42; 1982, c. 5, s. 42; 1991, c. 25, s. 46.

DIVISION II.1 RETIREMENT COMPENSATION ARRANGEMENT

1989, c. 77, s. 20.

139.1. A taxpayer may deduct, in computing his income for a taxation year, the amount deductible under section 890.12 in computing his income for the year.

1989, c. 77, s. 20.

DIVISION III DOUBTFUL OR BAD DEBTS AND CREDIT RISKS

1972, c. 23; 1990, c. 59, s. 81; 1995, c. 63, s. 29.

140. A taxpayer may deduct in computing the taxpayer’s income for a taxation year, as a reserve, the aggregate of

(a)  a reasonable amount in respect of doubtful debts, other than a debt in respect of which paragraph b applies, that have been included in computing the taxpayer’s income for the year or a preceding taxation year, and

(b)  where the taxpayer is a financial institution, within the meaning of section 851.22.1, in the year or a taxpayer whose ordinary business includes the lending of money, an amount not exceeding the particular amount determined for the year under section 140.1 in respect of properties, other than mark-to-market properties, as defined in the first paragraph of that section 851.22.1, that are impaired loans or lending assets that are specified debt obligations, as defined in that paragraph, of the taxpayer, or impaired loans or lending assets that were made or acquired by the taxpayer in the ordinary course of the taxpayer’s business of insurance or the lending of money.

1972, c. 23, s. 129; 1990, c. 59, s. 82; 2001, c. 7, s. 21.

140.1. The particular amount, referred to in paragraph b of section 140, for a taxation year in respect of impaired loans or lending assets of a taxpayer is equal to the aggregate of

(a)  the percentage, not exceeding 100%, that the taxpayer claims of the prescribed reserve amount for the taxpayer for the year, and

(b)  in respect of loans, lending assets or specified debt obligations that are impaired and for which no amount was deductible for the year under subparagraph a, each of which in this paragraph is referred to as a “particular loan”, the taxpayer’s specified percentage for the year of the lesser of

i.  the aggregate of all amounts each of which is a reasonable amount as a reserve, other than any portion of which is in respect of a sectoral reserve, for a particular loan in respect of the amortized cost of the particular loan to the taxpayer at the end of the year, and

ii.  the amount determined by the formula

0.9 A − B.

In the formula provided for in subparagraph ii of subparagraph b of the first paragraph,

(a)  A is the amount that is the taxpayer’s reserve or allowance for impairment, other than any portion of the amount that is in respect of a sectoral reserve, for all of the taxpayer’s particular loans that is determined for the year in accordance with generally accepted accounting principles; and

(b)  B is the aggregate of all amounts each of which is the specified reserve adjustment for a particular loan, other than an income bond, an income debenture, a small business bond or small business development bond, for the year or a preceding taxation year.

1990, c. 59, s. 83; 2001, c. 7, s. 22.

140.1.1. For the purposes of subparagraph i of subparagraph b of the first paragraph of section 140.1, a sectoral reserve is a reserve or an allowance for impairment for a loan that is determined on a sector-by-sector basis, including a geographic sector, an industrial sector or a sector of any other nature, and not on a property-by-property basis.

2001, c. 7, s. 23.

140.1.2. For the purposes of subparagraph b of the first paragraph of section 140.1, a taxpayer’s specified percentage for a taxation year is

(a)  where the taxpayer has a prescribed reserve amount for the year for the purposes of subparagraph a of the first paragraph of section 140.1, the percentage that is the percentage of the prescribed reserve amount of the taxpayer for the year claimed by the taxpayer under that subparagraph a for the year; and

(b)  in any other case, 100%.

2001, c. 7, s. 23.

140.1.3. For the purposes of subparagraph b of the second paragraph of section 140.1, the specified reserve adjustment for a loan of a taxpayer for a taxation year is the amount determined by the formula

0.1 (A × B × C / 365).

In the formula provided for in the first paragraph,

(a)  A is the carrying amount of the impaired loan that is used or would be used in determining the interest income on the loan for the taxation year in accordance with generally accepted accounting principles;

(b)  B is the effective interest rate on the loan for the year determined in accordance with generally accepted accounting principles; and

(c)  C is the number of days in the taxation year on which the loan is impaired.

2001, c. 7, s. 23.

140.2. A taxpayer who is an insurer or whose ordinary business includes the lending of money may deduct in computing the taxpayer’s income for a taxation year, as a reserve in respect of credit risks under guarantees, indemnities, letters of credit or other credit facilities, bankers’ acceptances, interest rate or currency swaps, foreign exchange or other future or option contracts, interest rate protection agreements, risk participations and other similar instruments or commitments issued, made or assumed by the taxpayer in the ordinary course of the taxpayer’s business of insurance or the lending of money in favour of persons with whom the taxpayer deals at arm’s length, an amount not exceeding the lesser of

(a)  a reasonable amount as a reserve for credit risk losses of the taxpayer expected to arise after the end of the year in respect of those instruments or commitments, and

(b)  90% of the reserve for credit risk losses referred to in paragraph a determined for the year in accordance with generally accepted accounting principles.

1990, c. 59, s. 83; 2001, c. 7, s. 24.

141. A taxpayer may deduct in computing the taxpayer’s income for a taxation year the aggregate of

(a)  all debts owing to the taxpayer that have been included by the taxpayer in computing the taxpayer’s income for the year or a preceding taxation year and that are established by the taxpayer to have become bad debts in the year, and

(b)  all amounts each of which is that part of the amortized cost to the taxpayer at the end of the year of a loan or lending asset, other than a mark-to-market property, as defined in section 851.22.1, that is established in the year by the taxpayer to have become uncollectible and that,

i.  where the taxpayer is an insurer or a taxpayer whose ordinary business includes the lending of money, was made or acquired in the ordinary course of the taxpayer’s business of insurance or the lending of money, or

ii.  where the taxpayer is a financial institution, within the meaning of section 851.22.1, in the year, is a specified debt obligation, as defined in the first paragraph of that section, of the taxpayer.

1972, c. 23, s. 130; 1990, c. 59, s. 84; 1995, c. 49, s. 236; 2001, c. 7, s. 25.

141.1. For the purposes of computing a deduction under sections 140 to 141 from the income of a taxpayer for a taxation year who is an insurer or whose ordinary business includes the lending of money, an instrument or commitment described in section 140.2 or a loan or lending asset acquired by the taxpayer from a person with whom he is not dealing at arm’s length for an amount equal to its fair market value is deemed to have been acquired by the taxpayer in the ordinary course of his business of insurance or the lending of money where

(a)  the person from whom the instrument or commitment or loan or lending asset is acquired carries on the business of insurance or the lending of money; and

(b)  the instrument or commitment has been issued, made or assumed, or the loan or lending asset has been made or acquired, by the person in the ordinary course of his business of insurance or the lending of money.

1990, c. 59, s. 85.

142. Where a taxpayer to whom an amount is owing as the proceeds of disposition of depreciable property of a prescribed class of the taxpayer, other than a passenger vehicle having a cost to the taxpayer in excess of $20,000 or any other amount prescribed for the purposes of paragraph d.3 of section 99, establishes that the amount has become a bad debt in a taxation year, he may deduct in computing his income for the year the lesser of the amount so owing to him and the amount by which the capital cost to him of that property exceeds the aggregate of the amounts realized by him as the proceeds of disposition.

However, in the case of a bad debt resulting from the disposition of a timber resource property, the taxpayer may deduct the amount so owing to him.

1972, c. 23, s. 131; 1975, c. 22, s. 15; 1993, c. 16, s. 79; 1995, c. 49, s. 236.

142.1. A taxpayer who establishes that an amount included in computing an excess referred to in subparagraph b of the second paragraph of section 107 has become a bad debt in a taxation year in respect of one or more dispositions of incorporeal capital property by the taxpayer, shall deduct in computing income for the year the amount determined by the formula

(A + B) − (C + D + E + F + G).

In the formula provided for in the first paragraph,

(a)  A is the lesser of

i.  1/2 of the aggregate of all amounts each of which is such an amount that was so established by the taxpayer to have become a bad debt in the year or a preceding taxation year, and

ii.  the aggregate of all amounts each of which is an amount that would be determined under section 105.2 for the year or for a preceding taxation year that ends after 27 February 2000, if the formula provided for in the first paragraph of that section were read without reference to D;

(b)  B is the amount by which 3/4 of the aggregate of all amounts each of which is such an amount that was so established by the taxpayer to have become a bad debt in the year or a preceding taxation year exceeds the aggregate of

i.  3/2 of the amount by which the amount determined under subparagraph a exceeds the portion of that amount that is included therein by reason of the application of subparagraph ii of that subparagraph in respect of taxation years that end after 27 February 2000 but before 18 October 2000, and

ii.  9/8 of the portion of the amount determined under subparagraph a that is included therein by reason of the application of subparagraph ii of that subparagraph in respect of taxation years that end after 27 February 2000 but before 18 October 2000;

(c)  C is the aggregate of all amounts each of which is an amount determined under any of sections 105, 105.3 and 105.4 for the year or a preceding taxation year and in respect of which a deduction can reasonably be considered to have been claimed by the taxpayer under Title VI.5 of Book IV;

(d)  D is 2/3 of the aggregate of all amounts each of which is an amount determined in respect of the taxpayer under subparagraph d of the second paragraph of section 105.2 for the year or a preceding taxation year that ends after 17 October 2000;

(e)  E is 8/9 of the aggregate of all amounts each of which is an amount determined in respect of the taxpayer under subparagraph d of the second paragraph of section 105.2 for the year or a preceding taxation year that ends after 27 February 2000 but before 18 October 2000;

(f)  F is the aggregate of all amounts each of which is an amount determined in respect of the taxpayer under subparagraph d of the second paragraph of section 105.2 for a preceding taxation year that ends before 28 February 2000; and

(g)  G is the aggregate of all amounts each of which is an amount deducted by the taxpayer under this section for a preceding taxation year.

1990, c. 59, s. 86; 1995, c. 49, s. 236; 1996, c. 39, s. 47; 2003, c. 2, s. 45; 2004, c. 21, s. 56; 2005, c. 1, s. 57.

142.2. A taxpayer who establishes that an amount included in computing an excess referred to in subparagraph b of the second paragraph of section 107 has become a bad debt in a taxation year in respect of one or more dispositions of incorporeal capital property by the taxpayer, is deemed to have an allowable capital loss from a disposition of capital property in the year equal to the amount by which the amount determined under the second paragraph is exceeded by the lesser of

(a)  the total of the amount determined under subparagraph a of the second paragraph of section 142.1 and 2/3 of the amount determined under subparagraph b of that second paragraph in respect of the taxpayer for the year; and

(b)  the aggregate of all amounts each of which is, in respect of the taxpayer for the year,

i.  the amount that would be determined under subparagraph c of the second paragraph of section 142.1 if each year referred to in that subparagraph ended after 17 October 2000 or is determined under subparagraph d of that second paragraph,

ii.  3/4 of the amount that would be determined under subparagraph c of the second paragraph of section 142.1 if each year referred to in that subparagraph ended after 27 February 2000 but before 18 October 2000 or is determined under subparagraph e of that second paragraph, and

iii.  2/3 of the amount that would be determined under subparagraph c of the second paragraph of section 142.1 if each year referred to in that subparagraph ended before 28 February 2000 or is determined under subparagraph f of that second paragraph.

The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is

(a)  an amount that is deemed under this section to be an allowable capital loss of the taxpayer for a preceding taxation year that ends after 17 October 2000;

(b)  3/4 of an amount that is deemed under this section to be an allowable capital loss of the taxpayer for a preceding taxation year that ends after 27 February 2000 but before 18 October 2000; and

(c)  2/3 of an amount that is deemed under section 142.1 to be an allowable capital loss of the taxpayer for a preceding taxation year that ends before 28 February 2000.

2003, c. 2, s. 46; 2005, c. 1, s. 58.

DIVISION IV INCOME TAX, DUTIES AND OTHER PAYMENTS

1972, c. 23; 1975, c. 22, s. 16.

143. A taxpayer may deduct any amount allowed by regulation in respect of taxes on income for the year from mining operations.

1972, c. 23, s. 132.

144. (1)  A taxpayer shall not, in computing the income of the taxpayer from a business or property for a taxation year that begins before 1 January 2007, deduct any amount paid or payable in the year to a person referred to in section 90 and that can reasonably be considered to be a royalty, tax, rental or bonus, or to be in respect of the late receipt or non-receipt of such an amount, in relation to

(a)  the acquisition, development or ownership of a Canadian resource property; or

(b)  the production in Canada of

i.  petroleum, natural gas or related hydrocarbons from a natural accumulation of petroleum or natural gas in Canada other than a mineral resource or from an oil or gas well in Canada;

i.1.  sulphur from a natural accumulation of petroleum or natural gas situated in Canada, from an oil or gas well situated in Canada or from a mineral resource situated in Canada;

ii.  metal, minerals other than iron, petroleum or other related hydrocarbons, or coal from a mineral resource in Canada to any stage that is not beyond the prime metal stage or its equivalent;

iii.  iron from a mineral resource in Canada to any stage that is not beyond the pellet stage or its equivalent;

iv.  petroleum or related hydrocarbons from a deposit of bituminous sands or oil shales in Canada to any stage that is not beyond the crude oil stage or its equivalent.

(2)  Subsection 1 does not apply to a prescribed amount for the purposes of section 91 or to a tax or part thereof that may reasonably be considered to be a municipal or school tax.

(3)  Where the taxation year referred to in subsection 1 includes 1 January 2007, subsection 1, except for the purposes of the regulations made under paragraph z.4 of section 87 or section 145 or 360, applies despite section 143 and only in respect of the proportion of each amount referred to in subsection 1 that the number of days in the year that precede that date is of the number of days in the year.

1975, c. 22, s. 17; 1978, c. 26, s. 35; 1984, c. 15, s. 33; 1986, c. 19, s. 25; 1987, c. 67, s. 38; 1993, c. 16, s. 80; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 91; 2005, c. 1, s. 59.

144.1. (Repealed).

1982, c. 5, s. 43; 2005, c. 1, s. 60.

145. A taxpayer may, in computing the taxpayer’s income from a business or property for a taxation year that begins before 1 January 2007, deduct the amount determined under the regulations in respect of a natural accumulation of petroleum or natural gas, an oil or gas well or mineral resource in Canada.

Such regulations may allow an amount for any or all accumulations, wells or mineral resources and the Government may prescribe a formula to determine such amount.

Where the taxation year referred to in the first paragraph includes 1 January 2007, that paragraph shall be read with “the proportion that the number of days in the year that precede that date is of the number of days in the year, of” inserted before “the amount”.

1975, c. 22, s. 17; 1987, c. 67, s. 39; 2005, c. 1, s. 61.

146. An individual may, in computing his income from property other than real property for a taxation year after 1975 and from a source outside Canada, deduct such part of all the income or profits tax for the year that he paid to the government of a country other than Canada as may reasonably be regarded as having been paid in respect of an amount that has been included in computing his income for the year from the property, to the extent that such part exceeds 15% of that amount.

1972, c. 23, s. 134; 1977, c. 26, s. 15.

146.1. Subject to section 772.6.1, a taxpayer may deduct, in computing the taxpayer’s income for a taxation year from a business or property, such amount not exceeding the non-business-income tax, within the meaning assigned by section 772.2 read without reference to paragraph c and subparagraphs iii and v of paragraph d of the definition of “non-business-income tax”, paid by the taxpayer for the year to the government of a foreign country or political subdivision of a foreign country in respect of the income from a business or property, to the extent that such tax

(a)  cannot reasonably be regarded as having been paid by a corporation in respect of income from a share of the capital stock of a foreign affiliate of the corporation; and

(b)  is not deducted under section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) nor an amount determined under subsection 2 of section 127.54 of that Act and deducted, in computing any tax payable by the taxpayer for the year under that Act.

1979, c. 18, s. 12; 1982, c. 5, s. 44; 1994, c. 22, s. 104; 1995, c. 1, s. 25; 1995, c. 63, s. 30; 1997, c. 3, s. 71; 2003, c. 2, s. 47; 2004, c. 8, s. 26.

146.2. Subject to section 772.6.1, a taxpayer may deduct, in computing the taxpayer’s income from a business for a taxation year, an amount not exceeding the lesser of

(a)  the amount of income or profits tax described in section 772.5.1 that

i.  is in respect of a property used in the business for a period of ownership by the taxpayer or in respect of a related transaction, as defined in section 772.2,

ii.  is paid by the taxpayer for the year,

iii.  is, because of section 772.5.1, not included in computing the taxpayer’s business-income tax or non-business-income tax, as defined in section 772.2, and

iv.  where the taxpayer is a corporation, is not an amount that can reasonably be regarded as having been paid in respect of income from a share of the capital stock of a foreign affiliate of the taxpayer; and

(b)  the portion of the taxpayer’s income for the year from the business that is attributable to the property for the period or to a related transaction, as defined in section 772.2.

2001, c. 53, s. 43; 2004, c. 8, s. 27.

DIVISION V EXPENSES IN RESPECT OF CERTAIN SECURITIES

1972, c. 23; 1980, c. 13, s. 8.

147. Subject to section 147.1, a taxpayer may deduct the portion of an amount, other than an amount referred to in the second paragraph of section 176, that is not otherwise deductible in computing the taxpayer’s income and that is an expense incurred in the year or a preceding taxation year in the course of an issuance or sale of a unit of a trust or of a share of the capital stock of a corporation, if the taxpayer is a unit trust or a corporation, or in the course of an issuance or sale, by a partnership, of an interest in the partnership or, by a syndicate, of a share in the syndicate.

For the purposes of the first paragraph, an expense incurred in a particular taxation year or any preceding taxation year by a taxpayer does not include an expense to which relates

(a)  an amount renounced under section 726.4.17.12 or 716.4.17.13, as the case may be, by the taxpayer at or before the end of the year that follows the particular year, in respect of an issue of flow-through shares or an issue of securities that are interests in a partnership; or

(b)  an amount, not greater than the amount that would be determined under the second paragraph of section 965.31.5 in respect of a qualified investment made by a Québec business investment company entirely out of the proceeds of a share issue if the amount of the qualified investment were equal to the amount, in respect of the share issue, by which the aggregate referred to in subparagraph b of the first paragraph of section 965.31.5 exceeds the aggregate referred to in subparagraph a of the first paragraph of the said section 965.31.5, renounced under the said section 965.31.5 by the taxpayer at or before the end of the particular year, in respect of the share issue.

1972, c. 23, s. 135; 1980, c. 13, s. 8; 1990, c. 59, s. 87; 1992, c. 1, s. 26; 1997, c. 3, s. 71; 2000, c. 5, s. 42; 2007, c. 12, s. 40.

147.1. The amount deductible under section 147 shall not exceed the lesser of

(a)  that proportion of 20% of the expense that the number of days in the year is of 365, and

(b)  the amount by which the amount of the expense exceeds the aggregate of all amounts each of which is an amount deductible, in respect of the expense, in computing the taxpayer’s income for a preceding taxation year.

1990, c. 59, s. 88.

147.2. For the purposes of sections 147 and 147.1, where a partnership has ceased to exist at any particular time in a fiscal period of the partnership,

(a)  no amount may be deducted by the partnership under section 147 in computing its income for the fiscal period, and

(b)  any person or partnership that was a member of the partnership immediately before that time may deduct, for a taxation year ending at or after that time, that proportion of the amount that would, but for this section, have been deductible under section 147 by the partnership in the fiscal period in the year had it continued to exist and had the partnership interest not been redeemed, acquired or cancelled, that the fair market value of such member’s interest in the partnership immediately before that time is of the fair market value of all the interests in the partnership immediately before that time.

1990, c. 59, s. 88; 1997, c. 3, s. 71.

148. A corporation may deduct:

(a)  an amount payable as a fee for services rendered by a person as an agent for the transfer of the shares of its capital stock or as an agent for the remittance to its shareholders of the dividends declared by it;

(b)  an amount payable as a fee to a stock exchange for the listing of the shares of its capital stock; and

(c)  an expense incurred for the printing and issuing of a financial report to its shareholders or to any other person entitled by law to receive such report.

1972, c. 23, s. 136; 1997, c. 3, s. 71.

DIVISION VI SALE OF CERTAIN PROPERTY

1972, c. 23.

149. Where a taxpayer has in a taxation year disposed of depreciable property to a person with whom he was dealing at arm’s length and the proceeds of disposition, within the meaning assigned by subparagraph f of the first paragraph of section 93, include an agreement to sell, or a hypothecary claim or mortgage on, land that the taxpayer has, in a subsequent taxation year, sold to a person with whom he was dealing at arm’s length, he may deduct in computing his income for the subsequent year the lesser of

(a)  the amount by which the principal amount of the agreement to sell or the obligation outstanding at the time of the sale exceeds the consideration paid by the purchaser to the taxpayer for the agreement to sell or the obligation; and

(b)  the amount determined under subparagraph a less the amount by which the proceeds of disposition of the depreciable property exceed the capital cost of that property.

However, in the case of the disposition of a timber resource property, the taxpayer may deduct the amount described in subparagraph a of the first paragraph.

1972, c. 23, s. 137; 1975, c. 22, s. 18; 1996, c. 39, s. 48; 2001, c. 53, s. 260; 2005, c. 1, s. 62.

DIVISION VII RESERVES

1972, c. 23; 1997, c. 14, s. 42.

150. Where amounts contemplated in paragraph a of section 87 have been included in computing the income from a business of the taxpayer for the year or a previous year, he may deduct a reasonable amount as a reserve in respect of

(a)  goods or services that it is reasonably anticipated will be delivered or rendered after the end of the year;

(b)  periods for which rent or other amounts for the possession or use of land or movable property have been paid in advance; or

(c)  repayments under arrangements or understandings contemplated in subparagraph ii of paragraph a of section 87 that it is reasonably anticipated will have to be made after the end of the year on the return or resale to the taxpayer of articles other than bottles.

1972, c. 23, s. 138; 1997, c. 14, s. 43.

150.1. Where an amount described in paragraph a of section 87 has been included in computing a taxpayer’s income from a business for the year or a preceding taxation year, the taxpayer may deduct a reasonable amount as a reserve in respect of goods or services that it is reasonably anticipated will have to be delivered or rendered after the end of the year pursuant to an agreement for an extended warranty entered into by the taxpayer with a person with whom he was dealing at arm’s length, and under which the only obligation of the taxpayer is to provide such goods or services with respect to property manufactured by the taxpayer or by a corporation related to the taxpayer.

In no case may the reserve exceed that portion of the amount paid or payable by the taxpayer to an insurer that carries on an insurance business in Canada to insure his liability under the agreement in respect of an outlay or expense made or incurred after 11 December 1979 and in respect of the period after the end of the year.

1984, c. 15, s. 34; 1997, c. 3, s. 71.

151. Where an amount is deductible under section 150 in respect of articles of food or drink or transportation that it is reasonably anticipated will have to be delivered or provided after the end of the year, there shall be substituted for the amount determined thereunder an amount not exceeding the aggregate of amounts included in computing the taxpayer’s income from the business for the year that were received or receivable in the year, depending on the method regularly followed by the taxpayer in computing his income from the business, in respect of articles of food or drink or transportation not delivered or provided before the end of the year, as the case may be.

1972, c. 23, s. 139; 1997, c. 14, s. 44.

152. No deduction is allowed under section 150 in respect of guarantees or indemnities or in the case of a farming business if the taxpayer uses the cash method of accounting in accordance with section 194.

The same applies to reserves in respect of insurance policies, except that in computing an insurer’s income for a taxation year from an insurance business, other than a life insurance business, carried on by it, there may be deducted any amount not exceeding the amount prescribed in respect of the insurer for the year.

1972, c. 23, s. 140; 1997, c. 14, s. 45; 1998, c. 16, s. 92.

153. Where an amount included in computing the taxpayer’s income from a business for the year or for a preceding taxation year in respect of a property sold in the course of the business is payable to the taxpayer after the end of the year and, except where the property is real property, all or part of the amount was, at the time of the sale, not due until at least two years after that time, the taxpayer may deduct a reasonable amount as a reserve in respect of such part of the amount so included in computing his income as can reasonably be regarded as a portion of the profit from the sale.

However, no deduction is allowed to a taxpayer under this section in respect of a property sold in the course of a business if

(a)  the taxpayer, at the end of the taxation year or in the following year,

i.  is exempt from tax under this Part, or

ii.  is not resident in Canada and does not carry on the business in Canada;

(b)  the sale of the property occurred more than 36 months before the end of the year;

(c)  the purchaser of the property sold is a corporation that, immediately after the sale,

i.  is controlled, directly or indirectly, in any manner whatever, by the taxpayer,

ii.  is controlled, directly or indirectly, in any manner whatever, by a person or group of persons that controls the taxpayer, directly or indirectly, in any manner whatever, or

iii.  controls the taxpayer, directly or indirectly, in any manner whatever; or

(d)  the purchaser of the property sold is a partnership in which the taxpayer is, immediately after the sale, a majority-interest partner.

1972, c. 23, s. 141; 1975, c. 22, s. 19; 1984, c. 15, s. 35; 1986, c. 19, s. 26; 1996, c. 39, s. 49; 2009, c. 5, s. 58.

154. A taxpayer may deduct any amount prescribed as an allowance for expenses to be incurred by him by reason of quadrennial or special surveys concerning a vessel, if such surveys are required under the law.

1972, c. 23, s. 142.

154.1. (Repealed).

1985, c. 25, s. 31; 2007, c. 12, s. 41.

154.2. (Repealed).

2000, c. 39, s. 14; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2009, c. 5, s. 59.

DIVISION VIII REPRESENTATION EXPENSES

1972, c. 23.

155. A taxpayer may deduct any amount he pays as expenses incurred in making any representation relating to a business carried on by him or to obtain a license, permit, franchise or trade mark relating to that business if such representation is made:

(a)  to the government of a country, province or state or to a municipal or public body performing a function of government in Canada, or

(b)  to an agency of a government or body mentioned in paragraph a, if such agency is authorized by law to make rules or regulations relating to the business carried on by the taxpayer.

1972, c. 23, s. 143.

156. Instead of deducting any amount deductible under section 155, the taxpayer may, if he so elects in prescribed manner, deduct one-tenth of that amount in computing his income for that year and make a similar deduction in computing his income for each of the nine subsequent years.

1972, c. 23, s. 144.

DIVISION VIII.1 ADDITIONAL DEDUCTION IN RESPECT OF CERTAIN INVESTMENTS

1989, c. 5, s. 46.

156.1. A taxpayer, other than a trust, may deduct, in computing the taxpayer’s income from a business for a taxation year,

(a)  where the taxpayer is an individual, the proportion of the amount determined for the year in his respect under section 156.2 that the aggregate of the income earned in Québec and elsewhere by the individual for the year is of the income earned in Québec by the individual for the year;

(b)  where the taxpayer is a corporation, the proportion of the amount determined for the year in its respect under section 156.3 that the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year is of the business carried on in Québec by the corporation in the year.

1989, c. 5, s. 46; 1993, c. 16, s. 81; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1999, c. 83, s. 35.

156.1.1. A partnership may deduct, in computing the partnership’s income from a business for a fiscal period, the proportion of the amount determined in its respect for the period under section 156.3.1 that the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the period is of the business carried on in Québec by the partnership in the period.

1999, c. 83, s. 36.

156.2. The amount referred to in paragraph a of section 156.1 is, in respect of an individual for a taxation year, equal to 20% of the amount determined in respect of the individual for the year according to the following formula:

A × (B / C).

For the purposes of the formula provided in the first paragraph,

(a)  the letter A represents the amount deducted by the individual, in computing his income for the year, under paragraph a of section 130 or the second paragraph of section 130.1 in respect of a prescribed depreciable property;

(b)  the letter B represents the amount by which the aggregate of the income earned in Québec and elsewhere by the individual for the year exceeds the income earned in Québec by the individual for the year;

(c)  the letter C represents the aggregate of the income earned in Québec and elsewhere by the individual for the year.

1989, c. 5, s. 46; 1993, c. 19, s. 18; 1997, c. 85, s. 53.

156.3. The amount referred to in paragraph b of section 156.1 is, in respect of a corporation for a taxation year, equal to 20% of the amount determined in respect of the corporation for the year according to the following formula:

A × (B / C).

For the purposes of the formula provided in the first paragraph,

(a)  the letter A represents the amount deducted by the corporation, in computing its income for the year, under paragraph a of section 130 or the second paragraph of section 130.1 in respect of a prescribed depreciable property;

(b)  the letter B represents the amount by which the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year exceeds the business carried on in Québec by the corporation in the year;

(c)  the letter C represents the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year.

1989, c. 5, s. 46; 1993, c. 19, s. 19; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1997, c. 85, s. 54.

156.3.1. The amount to which section 156.1.1 refers is, in respect of a partnership for a fiscal period, equal to 20% of the amount determined for the fiscal period in respect of the partnership according to the formula

A × (B / C).

In the formula provided for in the first paragraph,

(a)  A is the amount deducted by the partnership, in computing its income for the fiscal period, under paragraph a of section 130 or the second paragraph of section 130.1 in respect of a property that would, if the partnership were a corporation, be a prescribed depreciable property for the purposes of subparagraph a of the second paragraph of section 156.3;

(b)  B is the amount by which the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the fiscal period exceeds the business carried on in Québec by the partnership in the fiscal period; and

(c)  C is the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the fiscal period.

1999, c. 83, s. 37.

156.4. For the purposes of sections 156.1 to 156.3.1, the following rules apply:

(a)  the computation of income earned in Québec and of income earned in Québec and elsewhere is made in the manner prescribed in the regulations made pursuant to section 22, with the necessary modifications; and

(b)  the computation of the business carried on in Canada, in Québec and in Québec and elsewhere by a corporation is made in the manner prescribed in the regulations made under subsection 2 of section 771, with the necessary modifications, and the computation of the business carried on in Canada, in Québec and in Québec and elsewhere by a partnership is made in the manner so prescribed in those regulations, with the necessary modifications, as if the partnership were a corporation and if its fiscal period were a taxation year.

1989, c. 5, s. 46; 1995, c. 1, s. 26; 1995, c. 63, s. 261; 1999, c. 83, s. 38.

DIVISION VIII.2 SUPPLEMENTARY DEDUCTION IN RESPECT OF CERTAIN INVESTMENTS

1997, c. 85, s. 55.

156.5. Subject to the second paragraph, a taxpayer other than a trust may deduct, in computing the taxpayer’s income from a business for a taxation year,

(a)  where the taxpayer is an individual, the proportion of the amount determined for the year in respect of the individual under the first paragraph of section 156.6 that the aggregate of the income earned in Québec and elsewhere by the individual for the year is of the income earned in Québec by the individual for the year;

(b)  where the taxpayer is a corporation, the proportion of the amount determined for the year in respect of the corporation under the first paragraph of section 156.6 that the aggregate of the business carried on in Canada or in Québec and elsewhere by the corporation in the year is of the business carried on in Québec by the corporation in the year;

(c)  (subparagraph repealed).

No deduction may be made by a taxpayer under the first paragraph, in computing the taxpayer’s income from a business for a taxation year, in respect of property acquired from a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time of acquisition if

(a)  the property is property acquired by the person or partnership before 26 March 1997 or after 25 March 1997 pursuant to an obligation in writing entered into before 26 March 1997 or the construction of which, by or on behalf of the person or partnership, had begun by 25 March 1997;

(b)  the person or partnership was entitled to deduct, for a taxation year or fiscal period, as the case may be, preceding the taxation year or fiscal period in which the property was disposed of, an amount in computing the person’s or partnership’s income from a business under the first paragraph or under the first paragraph of section 156.5.1, as the case may be, in respect of the property; or

(c)  this paragraph or the second paragraph of section 156.5.1 applied to the person or partnership in respect of the property.

1997, c. 85, s. 55; 1999, c. 83, s. 39; 2001, c. 51, s. 24; 2004, c. 21, s. 57.

156.5.1. Subject to the second paragraph, a partnership may deduct, in computing its income from a business for a fiscal period the proportion of the amount determined for the fiscal period in its respect under the second paragraph of section 156.6 that the aggregate of the business carried on in Canada or in Québec and elsewhere by the partnership in the fiscal period is of the business carried on in Québec by the partnership in the fiscal period.

No deduction may be made by a partnership under the first paragraph, in computing the partnership’s income from a business for a fiscal period, in respect of property acquired from a person or partnership with whom or with which the partnership was not dealing at arm’s length at the time of acquisition if

(a)  the property is property acquired by the person or partnership before 26 March 1997 or after 25 March 1997 pursuant to an obligation in writing entered into before 26 March 1997 or the construction of which, by or on behalf of the person or partnership, had begun by 25 March 1997;

(b)  the person or partnership was entitled to deduct, for a taxation year or fiscal period, as the case may be, preceding the taxation year or fiscal period in which the property was disposed of, an amount in computing the person’s or partnership’s income from a business under the first paragraph or under the first paragraph of section 156.5, as the case may be, in respect of the property; or

(c)  this paragraph or the second paragraph of section 156.5 applied to the person or partnership in respect of the property.

1999, c. 83, s. 40; 2004, c. 21, s. 58.

156.6. The amount to which subparagraphs a and b of the first paragraph of section 156.5 refer in relation to a taxpayer for a taxation year, is equal to 25% of the aggregate of all amounts each of which is an amount deducted by the taxpayer under paragraph a of section 130 or the second paragraph of section 130.1, in computing the taxpayer’s income for the year, in respect of property which is prescribed depreciable property for the purpose, where the taxpayer is an individual, of subparagraph a of the second paragraph of section 156.2, and where the taxpayer is a corporation, of subparagraph a of the second paragraph of section 156.3.

The amount to which the first paragraph of section 156.5.1 refers, in relation to a partnership for a fiscal period, is equal to 25% of the aggregate of all amounts each of which is an amount deducted by the partnership under paragraph a of section 130 or the second paragraph of section 130.1 in computing the partnership’s income for the fiscal period, in respect of property that would be prescribed depreciable property for the purpose of subparagraph a of the second paragraph of section 156.3 if the partnership were a corporation.

1997, c. 85, s. 55; 1999, c. 83, s. 41; 2000, c. 39, s. 15; 2001, c. 51, s. 25; 2004, c. 21, s. 59.

156.7. For the purposes of sections 156.5 and 156.5.1, the following rules apply:

(a)  the computation of income earned in Québec and of income earned in Québec and elsewhere is made in the manner prescribed in the regulations made under section 22, with the necessary modifications; and

(b)  the computation of the business carried on in Canada, in Québec and in Québec and elsewhere by a corporation is made in the manner prescribed in the regulations made under subsection 2 of section 771, with the necessary modifications, and the computation of the business carried on in Canada, in Québec and in Québec and elsewhere by a partnership is made in the manner so prescribed in those regulations as if the partnership were a corporation and if its fiscal period were a taxation year, and with the necessary modifications.

1997, c. 85, s. 55; 1999, c. 83, s. 42.

DIVISION VIII.3 ADDITIONAL DEDUCTION RELATING TO PUBLIC TRANSIT PASSES

2006, c. 36, s. 27.

156.8. A taxpayer may deduct, in computing the taxpayer’s income from a business for a taxation year, the aggregate of all amounts each of which is an amount otherwise deductible in computing that income for that taxation year and that is

(a)  an amount paid to an employee, after 23 March 2006, as the total or partial reimbursement of the cost of an eligible transit pass taking the form of a subscription for a minimum period of one month, valid after that date, that the employee acquired with a view to using it to commute between the employee’s ordinary place of residence and the employee’s work location;

(b)  an amount paid to an employee, after 23 March 2006, as the total or partial reimbursement of the cost of an eligible paratransit pass, valid after that date, that the employee acquired with a view to using it to commute between the employee’s ordinary place of residence and the employee’s work location; or

(c)  the cost to the taxpayer of an eligible transit pass or eligible paratransit pass that is supplied, after 23 March 2006, to an employee primarily to commute between the employee’s ordinary place of residence and the employee’s work location.

2006, c. 36, s. 27.

156.9. In section 156.8,

“eligible paratransit pass” means a transit pass that allows the use of a paratransit service provided by a public entity authorized under an Act of Québec to organize such a service;

“eligible transit pass” means a transit pass that allows the use of a public transit service, other than paratransit, provided by a public entity authorized under an Act of Québec to organize such a service.

2006, c. 36, s. 27.

DIVISION IX OTHER DEDUCTIONS

1972, c. 23; 1977, c. 26, s. 16.

157. A taxpayer may deduct:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  despite section 128, an amount that the taxpayer pays to attend, in connection with the taxpayer’s business, not more than two conventions held during the year by a business or professional organization at a place that may reasonably be regarded as consistent with the territorial scope of its activities;

(d)  an amount that is not a commission and that the taxpayer pays to a person for advice as to the advisability for the taxpayer of purchasing or selling a specific share or security or for services in respect of the administration or management of the taxpayer’s shares or securities, if that person’s principal business is to so advise or includes the providing of such services;

(e)  an amount that the taxpayer pays for investigating the suitability of a site for a building or other structure planned by the taxpayer for use in connection with a business carried on by the taxpayer;

(f)  an amount that the taxpayer pays to a person with whom the taxpayer deals at arm’s length for the purpose of making a service connection to the taxpayer’s place of business for the supply, by means of wires, pipes or conduits, of water, electricity, gas, telephone service or sewers supplied by that person, to the extent that such amount is not paid to enable the taxpayer to acquire property or as consideration for the goods or services for the supply of which the service connection has been made;

(g)  the proportion of an amount not otherwise deductible that was paid or that became payable by the taxpayer before the end of the year to a person for the cancellation of a lease of property of the taxpayer leased by the taxpayer to that person that the number of days that remained in the term of the lease, including all renewal periods of the lease, not exceeding 40 years, immediately before its cancellation and that were in the year is of the total number of days in any case if the property was owned at the end of the year by the taxpayer or by a person with whom the taxpayer was not dealing at arm’s length and no part of the amount was deductible by the taxpayer under paragraph g.1 in computing the taxpayer’s income for a preceding taxation year;

(g.1)  an amount not otherwise deductible that was paid or that became payable by the taxpayer before the end of the year to a person for the cancellation of a lease of property of the taxpayer leased by the taxpayer to that person, to the extent of that amount or, in the case of capital property, 1/2 of that amount that was not deductible by the taxpayer under paragraph g in computing the taxpayer’s income for any preceding taxation year in any case if the property was not owned at the end of the year by the taxpayer or by a person with whom the taxpayer was not dealing at arm’s length, and no part of the amount was deductible by the taxpayer under this paragraph in computing the taxpayer’s income for any preceding taxation year;

(h)  an amount paid by the taxpayer for the landscaping of grounds around a building or other structure owned by the taxpayer and that the taxpayer uses primarily to gain income from it or from a business;

(h.1)  an amount paid by the taxpayer in the year for prescribed renovations or alterations to a building that is used by the taxpayer primarily for the purpose of gaining or producing income from the property or from a business that are made to enable individuals who have a mobility impairment to gain access to the building or be mobile within it, to the extent that the amount was not deducted in computing the taxpayer’s income for the year or in computing the taxpayer’s income for a preceding taxation year under paragraph h.1.1;

(h.1.1)  the portion of an amount paid by the taxpayer in the year for renovations or alterations to a building that is used by the taxpayer primarily for the purpose of gaining or producing income from the property or from a business, in respect of which an architect, an engineer or a professional technologist certifies in the prescribed form that the renovation or alteration work was carried out in accordance with the barrier-free design standards set out in the Building Code referred to in section 13 of the Building Act (chapter B-1.1);

(h.2)  an amount paid by the taxpayer in the year for any prescribed disability-specific device or equipment;

(i)  an amount paid by the taxpayer in the year as a levy under the Western Grain Stabilization Act (R.S.C. 1985, c. W-7), as a premium in respect of the gross revenue insurance program established under the Farm Income Protection Act (S.C. 1991, c. 22) or as an administration fee in respect of a net income stabilization account;

(i.1)  an amount that is paid by the taxpayer in the year as a contribution under the Farm Income Stabilization Account program established under the Act respecting La Financière agricole du Québec (chapter L-0.1) and that is

i.  a contribution referred to in section 15 of that program,

ii.  an additional contribution referred to in section 16 of that program,

iii.  a special contribution referred to in section 16.1 or 50 of that program, or

iv.  a special contribution referred to in the first paragraph of section 50.1 of that program, where the special contribution is made by a partnership;

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(k.1)  a repayment in the year by the taxpayer of an amount the taxpayer is required by paragraph a of section 87 to include in computing the taxpayer’s income from a business for the year or a preceding taxation year;

(l)  any amount included by the taxpayer under paragraphs q and r of section 87 in computing the taxpayer’s income for the preceding taxation year;

(l.1)  such part of any amount paid in the year by the taxpayer on an amount payable by the taxpayer under section 32 of the Act respecting the Ministère du Revenu (chapter M-31) if that section applies to an excess in relation to this Part, or under a prescribed disposition and as may reasonably be considered to be a repayment of interest that the taxpayer included in computing the taxpayer’s income for the year or a preceding taxation year;

(m)  the amount of any assistance or benefit received by the taxpayer in the year as a deduction from or reimbursement of an expense that is either a tax, other than the Québec sales tax or the goods and services tax, or royalty to the extent that

i.  the tax or royalty is, by reason of the receipt of the amount by the taxpayer, not deductible in computing the taxpayer’s income for a taxation year, and

ii.  the deduction or reimbursement was included by the taxpayer in the amount determined under paragraph e of section 399, paragraph h of section 412 or paragraph e of section 418.6;

(n)  such portion claimed by the taxpayer of an amount that is an outlay or expense made or incurred by the taxpayer before the end of the year that is a cost to the taxpayer of any substance injected before that time into a natural reservoir to assist in the recovery of petroleum, natural gas or related hydrocarbons to the extent that that portion was not otherwise deducted in computing the taxpayer’s income for the year or deducted in computing the taxpayer’s income for any preceding taxation year;

(n.1)  the tax, if any, under Part III.14, under Part XII.6 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) or under a law of a province other than Québec under which tax similar to that payable under Part III.14 is imposed, paid in the year or payable in respect of the year by the taxpayer, depending on the method regularly followed by the taxpayer in computing the taxpayer’s income;

(o)  an amount repaid by the taxpayer in the year pursuant to a legal obligation to repay all or part of a particular amount

i.  included under paragraph w of section 87 in computing the taxpayer’s income for the year or a preceding taxation year, or

ii.  that is, by reason of subparagraph ii of paragraph w of section 87 or section 87.4, not included in computing the taxpayer’s income under paragraph w for the year or a preceding taxation year, if the particular amount relates to an outlay or expense, other than an outlay or expense described in section 157.2.1, that would have been deductible in computing the taxpayer’s income for the year or a preceding taxation year were it not for the receipt of the particular amount;

(o.1)  3/4 of any amount, other than an amount to which subparagraph ii of paragraph a of section 106.2 applies in respect of a taxpayer, repaid by the taxpayer in the year pursuant to a legal obligation to repay all or part of an amount to which paragraph b of section 106.2 applies in respect of the taxpayer;

(p)  any deferred amount under a salary deferral arrangement in respect of another person to the extent that the deferred amount is in respect of services rendered to the taxpayer and is included under section 37 as a benefit in computing the income of the other person for the taxation year of the other person that ends in the taxpayer’s taxation year;

(q)  any amount under a salary deferral arrangement in respect of another person, other than an arrangement established primarily for the benefit of one or more employees not resident in Canada in respect of services to be rendered outside Canada, to the extent that the amount was in respect of services rendered to the taxpayer and was included under section 47.10 in computing the income of the other person for the taxation year of the other person that ends in the taxpayer’s taxation year;

(r)  a contribution made in the year by the taxpayer to an environmental trust under which the taxpayer is a beneficiary;

(s)  the consideration paid by the taxpayer in the year for the acquisition from another person or partnership of all or part of the taxpayer’s interest as a beneficiary under an environmental trust, other than consideration that is the assumption of a reclamation obligation in respect of the trust;

(t)  any amount deducted in computing the taxpayer’s income for the year because of paragraph a of section 485.15 or section 485.27; and

(u)  an amount paid in the year by the taxpayer as or on account of an existing or proposed countervailing or anti-dumping duty in respect of property other than depreciable property.

1972, c. 23, s. 145; 1975, c. 21, s. 4; 1977, c. 26, s. 16; 1978, c. 26, s. 36; 1980, c. 13, s. 9; 1982, c. 5, s. 45; 1984, c. 15, s. 36; 1985, c. 25, s. 32; 1986, c. 15, s. 50; 1986, c. 19, s. 27; 1987, c. 21, s. 13; 1987, c. 67, s. 40; 1988, c. 18, s. 11; 1989, c. 5, s. 47; 1990, c. 59, s. 89; 1991, c. 25, s. 47; 1992, c. 1, s. 27; 1993, c. 16, s. 82; 1994, c. 22, s. 105; 1995, c. 49, s. 46; 1996, c. 39, s. 50; 1997, c. 3, s. 71; 1998, c. 16, s. 93; 2000, c. 5, s. 43; 2001, c. 53, s. 44; 2003, c. 2, s. 48; 2004, c. 21, s. 60; 2006, c. 36, s. 28; 2009, c. 5, s. 60; 2009, c. 15, s. 58.

157.1. The deduction allowed under paragraph j of section 157, as it read before being struck out, to a taxpayer for a fiscal period referred to therein shall be reduced by an amount equal to 3% of that proportion of the lesser of the cost amount to the taxpayer of the taxpayer’s qualifying inventory that was disposed of during the fiscal period by the taxpayer in a specified transaction to a person with whom the taxpayer was not dealing at arm’s length and the cost amount to the taxpayer of the taxpayer’s qualifying inventory at the beginning of the fiscal period, that the number of days in the fiscal period and after the date of disposition is of 365.

1982, c. 5, s. 46; 1998, c. 16, s. 94.

157.2. For the purposes of this section and section 157.1, the expression

(a)  “qualifying inventory” means corporeal property described in paragraph j of section 157, as it read before being struck out, other than an immovable or an interest therein or property of a taxpayer that becomes property of a new corporation by virtue of an amalgamation or merger;

(b)  “specified transaction” means a distribution by a corporation of qualifying inventory on or in the course of its winding-up, a disposition by a taxpayer of all or a substantial part of the taxpayer’s qualifying inventory, or a disposition at a particular time of qualifying inventory by a taxpayer one of the principal purposes of which is to permit a person with whom the taxpayer does not deal at arm’s length to obtain a deduction in respect thereof under paragraph j of section 157, as it read before being struck out, for that person’s first fiscal period commencing after the particular time, but does not include any such distribution or disposition by a taxpayer to another person during a fiscal period of that other person that ends at least 11 months after the commencement of the fiscal period of the taxpayer during which the distribution or disposition occurs.

1982, c. 5, s. 46; 1997, c. 3, s. 71; 1998, c. 16, s. 95; 2005, c. 1, s. 63.

157.2.0.1. For the purposes of paragraph n of section 157, where the year referred to therein is less than 51 weeks, the amount that may be claimed under the said paragraph by the taxpayer for the year shall not exceed the greater of

(a)  that proportion of the maximum amount that may otherwise be claimed under the said paragraph n by the taxpayer for the year that the number of days in the year is of 365, and

(b)  the amount of such outlay or expense described in that paragraph n that was made or incurred by the taxpayer in the year and not otherwise deducted in computing the taxpayer’s income for the year.

1993, c. 16, s. 83; 1998, c. 16, s. 96.

157.2.1. For the purposes of subparagraph ii of paragraph o of section 157, an outlay or expense does not include an outlay or expense that is in respect of the cost of property of the taxpayer or that is deductible under any of Divisions II to IV.1 of Chapter X of Title VI, except sections 360 and 361, or would be deductible if the amount so deductible by the taxpayer were not limited by reason of paragraph b of section 371, section 400, subparagraph ii of subparagraph a of the first paragraph of section 413, the percentage of 30% provided for in subparagraph 2 of subparagraph ii of paragraph a of section 418.1.10, subparagraph 3 or 4 of subparagraph ii of paragraph a of section 418.1.10 or subparagraph ii of paragraph a of section 418.7.

1991, c. 25, s. 48; 1995, c. 49, s. 47; 2004, c. 8, s. 28.

157.3. Where a taxpayer in a particular taxation year receives an amount under an annuity contract in respect of which an amount was by virtue of section 92 included in computing his income for a taxation year commencing before 1 January 1983, there may be deducted in computing his income for the particular year such amount as is allowed by regulation.

1982, c. 5, s. 46; 1984, c. 15, s. 37.

157.4. A taxpayer who has acquired as the first purchaser a film certified as a Québec film within the meaning of the regulations made under section 130, may deduct, in computing his income for a taxation year at the end of which he is the owner of that film and has been so without interruption from that acquisition, an amount not exceeding the amount by which 50% of the aggregate of the amounts deducted by him in computing his income for that year or for a previous taxation year, in respect of the film, under paragraph a of section 130 exceeds any amount deducted under this section, in respect of the film, in computing his income for a previous taxation year.

Furthermore, where the taxpayer disposes of the film for the first time, he may deduct, in computing his income for the taxation year in which he disposes of the film, the amount by which 50% of the aggregate of the amount he could have deducted in such computation, in respect of the film, under paragraph a of section 130, had it not been for the disposition, and the amounts deducted by him in computing his income for a previous taxation year, in respect of the film, under the said paragraph a, exceeds any amount deducted under this section, in respect of the film, in computing his income for a previous taxation year.

1983, c. 44, s. 23; 1984, c. 35, s. 12.

157.4.1. Where a taxpayer is a member of a partnership at the end of a particular fiscal period of that partnership during which it acquired as the first purchaser a film certified as a Québec film within the meaning of the regulations made under section 130, he may deduct, in computing his income for a taxation year in which a fiscal period of the partnership ends and at the end of which he is a member thereof and has been a member without interruption from the end of the particular fiscal year, an amount not exceeding the amount by which his share of 50% of the aggregate of the amounts deducted by the partnership in computing its income for that fiscal period or a previous fiscal period, in respect of the film, under paragraph a of section 130, exceeds any amount deducted by the taxpayer under this section or section 157.4, in respect of the film, in computing his income for a previous taxation year.

Furthermore, where the partnership disposes of the film for the first time, the taxpayer contemplated in the first paragraph may deduct, in computing his income for the taxation year in which the fiscal period of the partnership ends and during which the disposition occurs, the amount by which his share of 50% of the aggregate of the amount that the partnership could have deducted in computing its income for that fiscal period, in respect of the film, under paragraph a of section 130, had it not been for the disposition, and the amounts deducted by the partnership in computing its income for a previous fiscal period, in respect of the film, under the said paragraph a, exceeds any amount deducted by the taxpayer under this section or section 157.4, in respect of the film, in computing his income for a previous taxation year.

For the purposes of this section, the share of a taxpayer is deemed to be equal to the lesser of:

(a)  his share in the profits of the partnership determined in the absence of this paragraph; and

(b)  his share in the profits of the partnership determined in respect of the fiscal period of the partnership during which it acquired the film.

1984, c. 35, s. 12; 1997, c. 3, s. 71.

157.4.2. Notwithstanding sections 157.4 and 157.4.1, no amount may be deducted under those sections in computing the income of a taxpayer in respect of a film certified as a Québec film, within the meaning of the regulations under section 130, acquired after 31 December 1986, except in respect of the first purchaser of such a film certified as a Québec film by the Société générale du cinéma du Québec not later than 31 December 1987 where

(a)  production work on the film was sufficiently advanced on 11 December 1986, or

(b)  the sums collected for that purpose were collected through the sale of units in respect of which the receipt for the final prospectus was issued not later than 31 December 1986 and the receipt for the preliminary prospectus was issued before 11 December 1986.

1988, c. 4, s. 27.

157.4.3. Notwithstanding sections 157.4 to 157.4.2, no individual may deduct any amount under the said sections in computing his income for a taxation year from his taxation year 1988.

1989, c. 5, s. 48.

157.5. Where a taxpayer disposes of an interest in a life insurance policy that is not an annuity contract, otherwise than as a consequence of a death, or of an interest in an annuity contract, other than a prescribed annuity contract, there may be deducted in computing his income for the taxation year in which the disposition occurs an amount equal to the lesser of

(a)  the aggregate of all amounts each of which is an amount that was included by virtue of sections 92.11 to 92.19 or paragraph c.1 of section 312 in respect of that interest in computing his income for the year or any preceding taxation year, and

(b)  the amount by which the adjusted cost basis, within the meaning assigned by sections 976 to 977.1, to him of that interest immediately before the disposition exceeds the proceeds of the disposition, within the meaning assigned by paragraph b.4 of section 966, of the interest that the policyholder, a beneficiary or an assignee became entitled to receive.

1984, c. 15, s. 38; 1985, c. 25, s. 33; 1986, c. 19, s. 28; 1991, c. 25, s. 49; 1993, c. 16, s. 84.

157.6. Where a taxpayer disposes of a property that is an interest in a debt obligation for consideration equal to its fair market value at the time of disposition, there may be deducted in computing his income for the taxation year in which the disposition occurs the amount by which the aggregate of all amounts each of which was included in computing his income for the year or a preceding taxation year as interest on the property exceeds the aggregate of all amounts each of which is

(a)  such portion of an amount that was received or became receivable by him in the year or in a preceding taxation year as can reasonably be considered to be in respect of an amount that was included in computing his income for the year or a preceding taxation year as interest on the property and that was not repaid by the taxpayer to the issuer of the debt obligation because of an adjustment in respect of interest received before the time of disposition by the taxpayer, or

(b)  an amount in respect of the property that was deductible by him by virtue of the second paragraph of section 167 in computing his income for the year or a preceding taxation year.

1984, c. 15, s. 38; 1985, c. 25, s. 33; 1993, c. 16, s. 85; 1994, c. 22, s. 106.

157.6.1. An insurer may, in computing the income of the insurer for a taxation year, deduct the amount included under paragraph e.1 of section 87 by the insurer in computing the insurer’s income for the preceding taxation year.

1998, c. 16, s. 97.

157.7. (Repealed).

1984, c. 15, s. 38; 1991, c. 25, s. 50.

157.8. (Repealed).

1984, c. 15, s. 38; 1991, c. 25, s. 50.

157.9. (Repealed).

1984, c. 15, s. 38; 1991, c. 25, s. 50.

157.10. Where an amount is included under paragraph a of section 87 in computing a taxpayer’s income for a taxation year in respect of an undertaking to which subparagraph i or ii of that paragraph applies and the taxpayer paid a reasonable amount in a particular taxation year to another person as consideration for the assumption by that other person of the taxpayer’s obligations in respect of the undertaking, the following rules apply if the taxpayer and the other person make a valid election under subsection 24 of section 20 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the undertaking:

(a)  the payment may be deducted in computing the taxpayer’s income for the particular year;

(b)  no amount is deductible under section 150 or 150.1 in computing the taxpayer’s income for the particular year or any subsequent taxation year in respect of the undertaking; and

(c)  where the amount was received by the other person in carrying on a business, it is deemed to be an amount described in subparagraph i or ii of paragraph a of section 87.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 24 of section 20 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1986, c. 19, s. 29; 1994, c. 22, s. 107; 2009, c. 5, s. 61.

157.11. (Repealed).

1986, c. 19, s. 29; 1997, c. 31, s. 18; 2009, c. 5, s. 62.

157.12. An insurer may deduct, in computing its income for its taxation year that includes 23 February 1994, an amount not exceeding the amount of the insurer’s unpaid claims reserve adjustment, within the meaning of the regulations.

1990, c. 59, s. 90; 1996, c. 39, s. 51.

157.13. In computing a taxpayer’s income from a business or property for a taxation year ending before the time at which a building or a part thereof acquired after 31 December 1989 by the taxpayer has become available for use by the taxpayer, there may be deducted an amount not exceeding the amount by which

(a)  the lesser of

i.  the amount that would have been deductible under paragraph a of section 130 for the year in respect of the building if section 93.6 were not applicable, and

ii.  the taxpayer’s income for the year from renting the building, computed without reference to this section and before deducting any amount in respect of the building under paragraph a of section 130, exceeds

(b)  the amount deductible for the year under paragraph a of section 130 in respect of the building, computed without reference to this section.

The amount deducted under the first paragraph is deemed to be an amount deducted by the taxpayer by reason of paragraph a of section 130 in computing the taxpayer’s income for the year.

1993, c. 16, s. 86.

157.14. Where, by reason of section 135.4, no amount would, but for this section, be deductible by a taxpayer in respect of an outlay or expense in respect of a building, or part thereof, and the outlay or expense would, but for section 135.4 and this section, be deductible in computing the taxpayer’s income for a taxation year, there may be deducted in respect of such an outlay or expense in computing the taxpayer’s income for the year an amount equal to the lesser of

(a)  the aggregate of all amounts each of which is such an outlay or expense, and

(b)  the taxpayer’s income for the year from renting the building or the part thereof, computed without reference to section 157.13 and this section.

1993, c. 16, s. 86.

157.15. Notwithstanding sections 128 and 133, a taxpayer may deduct, in computing the income of the taxpayer from a business for a taxation year, the portion, which can reasonably be attributed to a plan for the insurance of persons, otherwise than in relation to coverage against the loss of all or part of the income from a business, of the aggregate of all amounts each of which is the total contribution relating to work performed in connection with that business and payable by the taxpayer for a period in the year, otherwise than because of a previous, the current or an intended office or employment of another person, to the administrator of a multi-employer insurance plan, within the meaning of section 43.1, and of the tax, within the meaning of subparagraph d of the second paragraph of section 37.0.1.1, relating thereto.

1995, c. 63, s. 31; 1998, c. 16, s. 98.

157.16. A corporation may, in computing its income for a taxation year, deduct an additional amount equal to half the contribution, otherwise deductible in computing its income from a business, that is made in the year by the corporation to the Réseau d’investissement social du Québec.

1999, c. 83, s. 43.

157.17. Where a corporation is a member of a partnership at the end of a fiscal period of the partnership during which the partnership made a contribution to the Réseau d’investissement social du Québec, the corporation may, in computing its income for a taxation year in which that fiscal period ends, deduct an amount equal to half the corporation’s share of the contribution, otherwise deductible in computing the income of the partnership from a business.

For the purposes of the first paragraph, the share of a corporation in a contribution made by a partnership of which the corporation is a member is equal to the agreed proportion of the contribution in respect of the corporation for the fiscal period of the partnership that ends in the taxation year of the corporation.

1999, c. 83, s. 43; 2009, c. 15, s. 59.

157.17.1. For the purposes of section 157.17, the following rules apply in respect of a corporation if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the corporation and a given partnership, for a given fiscal period of the given partnership:

(a)  the corporation is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the corporation’s taxation year in which ends the fiscal period of the interposed partnership of which it is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the corporation is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period; and

(b)  for the purpose of determining the corporation’s share in an amount in respect of the given partnership for the given fiscal period, the agreed proportion in respect of the corporation for that fiscal period of the given partnership is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the corporation for the interposed fiscal period of the interposed partnership of which it is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period.

2009, c. 15, s. 60.

157.17.2. Section 157.17.1 does not apply in respect of a corporation, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the corporation and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the corporation to be able to deduct, in computing its income for a taxation year under section 157.17, an amount greater than the amount that the corporation could have so deducted for that taxation year, but for that interposition.

2009, c. 15, s. 60.

157.18. (Repealed).

2001, c. 51, s. 26; 2003, c. 2, s. 49; 2005, c. 38, s. 63.

157.19. (Repealed).

2001, c. 51, s. 26; 2003, c. 2, s. 50; 2005, c. 38, s. 63.

DIVISION X SOCIAL BENEFIT PLANS

1972, c. 23.

158. An employer shall not deduct, for the purposes of this chapter, an amount which he pays to a trustee:

(a)  under a supplementary unemployment benefit plan, except to the extent allowed under section 964;

(b)  under a deferred profit sharing plan, except to the extent provided in section 881;

(c)  on behalf of his employees or those of a corporation with whom he does not deal at arm’s length under a profit sharing plan except to the extent provided for in section 856.

1972, c. 23, s. 146; 1973, c. 17, s. 13; 1991, c. 25, s. 51; 1997, c. 3, s. 71.

DIVISION X.1 EXPENDITURES MATCHABLE WITH A RIGHT TO RECEIVE PRODUCTION

2001, c. 7, s. 26.

158.1. In this division,

“matchable expenditure” of a taxpayer means the amount of an expenditure that is made by the taxpayer to

(a)  acquire a right to receive production;

(b)  fulfil a covenant or obligation in circumstances in which it is reasonable to consider that a relationship exists between the covenant or obligation and a right to receive production; or

(c)  preserve or protect a right to receive production;

“right to receive production” means a right under which a taxpayer is entitled, either immediately or in the future and either absolutely or contingently, to receive an amount all or a portion of which is established by reference to use of property, production, revenue, profit, cash flow, commodity price, cost or value of property or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares where the amount is in respect of another taxpayer’s activity, property or business but such a right does not include an income interest in a trust, a Canadian resource property or a foreign resource property;

“tax benefit” means a reduction, avoidance or deferral of tax or other amount payable under this Act or an increase in a refund of tax or other amount under this Act;

“tax shelter” means a property that would be a tax shelter, as defined in section 1079.1, if

(a)  the cost of a right to receive production were equal to the aggregate of all amounts each of which is a matchable expenditure to which the right relates; and

(b)  sections 158.2 to 158.12 did not apply for the purpose of computing an amount, or in the case of a partnership a loss, represented to be deductible;

“taxpayer” includes a partnership.

For the purposes of the definition of “matchable expenditure” in the first paragraph, the amount of an expenditure that a taxpayer may deduct in computing the taxpayer’s income for a taxation year under this chapter, otherwise than under this division, is not a matchable expenditure.

2001, c. 7, s. 26; 2003, c. 2, s. 51.

158.2. Subject to section 158.3, no amount of a matchable expenditure may be deducted by a taxpayer in computing the taxpayer’s income from a business or property for a taxation year.

2001, c. 7, s. 26.

158.3. If a taxpayer’s matchable expenditure would, but for section 158.2 and this section, be deductible in computing the taxpayer’s income for a taxation year, the taxpayer may deduct in respect of the matchable expenditure in computing the taxpayer’s income for a taxation year the amount that is determined under section 158.4 for the year in respect of the expenditure.

2001, c. 7, s. 26.

158.4. The amount to which section 158.3 refers for a taxation year in respect of a taxpayer’s matchable expenditure is the amount that is the least of

(a)  the aggregate of the amount by which the amount determined under this subparagraph for the preceding taxation year in respect of the matchable expenditure exceeds the amount of the matchable expenditure deductible in computing the taxpayer’s income for that preceding year and the lesser of

i.  1/5 of the matchable expenditure, and

ii.  the amount determined by the formula

(A / B) × C;

(b)  the aggregate of all amounts each of which is included in computing the taxpayer’s income for the year, other than any portion of such amount that is the subject of a reserve claimed by the taxpayer for the year under this Act, in respect of the right to receive production to which the matchable expenditure relates and the amount by which the amount determined under this subparagraph for the preceding taxation year in respect of the matchable expenditure exceeds the amount of the matchable expenditure deductible in computing the taxpayer’s income for that preceding year; and

(c)  the amount by which the aggregate of all amounts each of which is the amount of the matchable expenditure that would, but for this division, have been deductible in computing the taxpayer’s income for the year or a preceding taxation year exceeds the aggregate of all amounts each of which is the amount of the matchable expenditure deductible under section 158.3 in computing the taxpayer’s income for a preceding taxation year.

In the formula provided for in subparagraph a of the first paragraph,

(a)  A is the number of months that are in the taxation year and after the day on which the right to receive production to which the matchable expenditure relates is acquired;

(b)  B is the lesser of 240 and the number of months that are in the period that begins on the day on which the right to receive production to which the matchable expenditure relates is acquired and that ends on the day the right is to terminate; and

(c)  C is the amount of the matchable expenditure.

2001, c. 7, s. 26.

158.5. For the purposes of this division, the following rules apply:

(a)  where a taxpayer’s matchable expenditure is made before the day on which the related right to receive production is acquired by the taxpayer, the expenditure is deemed to have been made on that day;

(b)  where a taxpayer has one or more rights to renew a particular right to receive production to which a matchable expenditure relates for one or more additional terms, after the term that includes the time at which the particular right was acquired, the particular right is deemed to terminate on the latest day on which the latest possible such term could terminate if all rights to renew the particular right were exercised;

(c)  where a taxpayer has more than one right to receive production that can reasonably be considered to be related to each other, the rights are deemed to be one right; and

(d)  where the term of a taxpayer’s right to receive production is for an indeterminate period, the right is deemed to terminate 20 years after it is acquired.

2001, c. 7, s. 26.

158.6. Where in a taxation year a taxpayer disposes of all or part of a right to receive production to which a matchable expenditure relates, the proceeds of the disposition shall be included in computing the taxpayer’s income for the year.

2001, c. 7, s. 26.

158.7. Subject to sections 158.8 and 158.9, the amount that a taxpayer may deduct, under section 158.3, in computing the taxpayer’s income for a taxation year, in respect of a matchable expenditure, other than a matchable expenditure no portion of which would, if this division were read without reference to this section, be deductible under section 158.3 in computing the taxpayer’s income, is deemed to be the amount determined under subparagraph c of the first paragraph of section 158.4 for the year in respect of the matchable expenditure where in the year

(a)  the taxpayer disposes, otherwise than in a disposition to which subsections 1 and 2 of section 544 or sections 556 to 564.1 and 565 apply, of all of the taxpayer’s right to receive production to which the matchable expenditure relates; or

(b)  the taxpayer’s right to receive production to which the matchable expenditure relates has expired.

2001, c. 7, s. 26.

158.8. Section 158.9 applies where a taxpayer’s particular right to receive production to which a matchable expenditure, other than a matchable expenditure no portion of which would, if this division were read without reference to sections 158.7 and 158.9, be deductible under section 158.3 in computing the taxpayer’s income, relates has expired or the taxpayer has disposed of all of the right, otherwise than in a disposition to which subsections 1 and 2 of section 544 or sections 556 to 564.1 and 565 apply, and

(a)  where

i.  during the period that begins 30 days before and ends 30 days after the disposition or expiry, the taxpayer or a person affiliated, or who does not deal at arm’s length, with the taxpayer acquires a right to receive production, in this section and section 158.9 referred to as the “substituted property”, that is, or is identical to, the particular right, and

ii.  at the end of the period referred to in subparagraph i, the taxpayer or a person affiliated, or who does not deal at arm’s length, with the taxpayer owns the substituted property; or

(b)  during the period that begins at the time of the disposition or expiry and ends 30 days after that time, a taxpayer that had an interest, directly or indirectly, in the right to receive production, has another interest, directly or indirectly, in another right to receive production, which is a tax shelter or a tax shelter investment as defined by section 851.38.

2001, c. 7, s. 26.

158.9. Where this section applies because of section 158.8 to a disposition or expiry in a taxation year or a preceding taxation year of a taxpayer’s right to receive production to which a matchable expenditure relates, the following rules apply:

(a)  the amount that may be deducted under section 158.3 in respect of the expenditure in computing the taxpayer’s income for a taxation year that ends at or after the disposition or expiry of the right is the amount determined under section 158.4 for the year in respect of the expenditure; and

(b)  the amount determined under section 158.4 in respect of the expenditure for a taxation year is deemed to be the amount determined under subparagraph c of the first paragraph of section 158.4 in respect of the expenditure for the year where the year includes the time that is immediately before the first time, after the disposition or expiry,

i.  at which the right would, if it were owned by the taxpayer, be deemed by Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the taxpayer,

ii.  that is immediately before control of the taxpayer is acquired by a person or group of persons, if the taxpayer is a corporation,

iii.  at which winding-up of the taxpayer begins, other than a winding-up to which sections 556 to 564.1 and 565 apply, if the taxpayer is a corporation,

iv.  where section 158.8 applies otherwise than because of paragraph b thereof, at which a 30-day period begins throughout which neither the taxpayer nor a person affiliated, or who does not deal at arm’s length, with the taxpayer owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period began, or

v.  where section 158.8 applies otherwise than because of paragraph a thereof, at which a 30-day period begins throughout which no taxpayer who had an interest, directly or indirectly, in the right has an interest, directly or indirectly, in another right to receive production if one or more of those direct or indirect interests in the other right is a tax shelter or tax shelter investment as defined by section 851.38.

2001, c. 7, s. 26; 2004, c. 8, s. 29.

158.10. For the purposes of paragraph b of section 158.9, where a partnership ceases to exist at any time after a disposition or expiry referred to in section 158.9, the partnership is deemed not to have ceased to exist, and each taxpayer who was a member of the partnership immediately before the partnership would, but for this section, have ceased to exist is deemed to remain a member of the partnership until the time that is immediately after the first of the times described in subparagraphs i to v of paragraph b of section 158.9.

2001, c. 7, s. 26.

158.11. For the purpose of applying section 158.8, otherwise than because of paragraph b thereof, and section 158.9, a right to acquire a particular right to receive production, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a right to receive production that is identical to the particular right.

2001, c. 7, s. 26; 2005, c. 1, s. 64.

158.12. For the purpose of applying Title VIII of Book VI to an amount that would, if this division were read without reference to this section, be a matchable expenditure any portion of the cost of which is deductible under section 158.3, the expenditure is deemed to be a tax shelter investment and that Title VIII shall be read without reference to paragraph b of section 851.41.

2001, c. 7, s. 26.

158.13. Where the rate of return on a taxpayer’s right to receive production to which a matchable expenditure, other than a matchable expenditure no portion of which would, if this division were read without reference to this section, be deductible under section 158.3 in computing the taxpayer’s income, relates is reasonably certain at the time the taxpayer acquires the right, the following rules apply:

(a)  for the purposes of section 92.5 and the regulations made under that section,

i.  the right is deemed to be a debt obligation in respect of which no interest is stipulated to be payable in respect of the principal amount, and

ii.  the obligation is deemed to be satisfied at the time the right terminates for an amount equal to the total of the return on the debt obligation and the amount that would otherwise be the matchable expenditure that is related to the right; and

(b)  notwithstanding section 158.3, no amount may be deducted in computing the taxpayer’s income in respect of any matchable expenditure that relates to the right.

2001, c. 7, s. 26.

158.14. Sections 158.2 to 158.12 do not apply to a taxpayer’s matchable expenditure in respect of a right to receive production if

(a)  no portion of the expenditure can reasonably be considered to have been paid to another taxpayer, or to a person or partnership with whom the other taxpayer does not deal at arm’s length, to acquire the right to receive production from the other taxpayer and

i.  no portion of the expenditure can reasonably be considered to relate to a tax shelter or a tax shelter investment, within the meaning of section 851.38, and

ii.  none of the main purposes for making the expenditure can reasonably be considered to have been to obtain a tax benefit for the taxpayer, a person or partnership with whom the taxpayer does not deal at arm’s length, or a person or partnership that holds, directly or indirectly, an interest in the taxpayer; or

(b)  the expenditure is in respect of commissions or other expenses related to the issuance of an insurance policy for which all or a portion of a risk has been ceded to the taxpayer and both the taxpayer and the person to whom the expenditure is made or is to be made are insurers subject to the supervision of the Superintendent of Financial Institutions of Canada, in the case of an insurer that is required by law to report to the Superintendent of Financial Institutions of Canada, or where the insurer is an insurance corporation incorporated under the laws of a province, the superintendent of insurance or another officer or authority of that province or the Autorité des marchés financiers.

2001, c. 7, s. 26; 2003, c. 2, s. 52; 2004, c. 37, s. 90; 2009, c. 5, s. 63.

158.15. Subparagraph a of the first paragraph of section 158.4 does not apply in determining the amount that a taxpayer may deduct for a taxation year in respect of a matchable expenditure in respect of a right to receive production if

(a)  before the end of the taxation year in which the expenditure is made, the aggregate of all amounts each of which is included in computing the taxpayer’s income for the year, other than the portion of such an amount that is the subject of a reserve claimed by the taxpayer for the year under this Act, in respect of the right to receive production that relates to the matchable expenditure exceeds 80% of the expenditure; and

(b)  no portion of the expenditure can reasonably be considered to have been paid to another taxpayer, or to a person or partnership with whom the other taxpayer does not deal at arm’s length, to acquire the right to receive production from the other taxpayer.

2009, c. 5, s. 64.

DIVISION XI RESTRICTIONS ON ADVERTISING EXPENSES

1972, c. 23.

§ 1 . — Canadian newspapers

2003, c. 2, s. 53.

159. In this subdivision,

“Canadian citizen” includes the following persons and entities:

(a)  a corporation or trust described in paragraph c.1 or d of section 998 formed in connection with a pension plan that exists for the benefit of individuals a majority of whom are Canadian citizens;

(b)  a trust described in paragraph h or i.1 of section 998 the annuitant in respect of which is a Canadian citizen;

(c)  a mutual fund trust, other than a mutual fund trust the majority of the units of which are held by citizens or subjects of a country other than Canada;

(d)  a trust, each beneficiary of which is a person, partnership, association or society described in any of paragraphs a to e of the definition of “Canadian newspaper” ; and

(e)  an association, society or person described in paragraph c or d of the definition of “Canadian newspaper” ;

“Canadian issue” of a newspaper means an issue, including a special issue, that is typeset, printed and published in Canada and that is edited in Canada by individuals resident in Canada;

“Canadian newspaper” means a newspaper the exclusive right to produce and publish issues of which is held by one or more of the following persons or entities:

(a)  a Canadian citizen;

(b)  a partnership in which interests representing in value at least 3/4 of the total value of the partnership property are beneficially owned by one or more corporations described in paragraph e, one or more Canadian citizens or any combination thereof, and at least 3/4 of each income or loss of the partnership from any source is included in computing the income of one or more of those persons;

(c)  an association or society of which at least 3/4 of the members are Canadian citizens;

(d)  the State, Her Majesty in right of Canada or a province, other than Québec, or a municipality in Canada;

(e)  a corporation that is incorporated under the laws of Canada or a province of which the chairperson or other presiding officer and at least 3/4 of the directors or other similar officers are Canadian citizens and that, if it is a corporation having capital stock, is

i.  a public corporation a class or classes of shares of the capital stock of which are listed on a designated stock exchange located in Canada other than a corporation controlled by citizens or subjects of a country other than Canada, or

ii.  a corporation of which at least 3/4 of the shares having full voting rights under all circumstances, and shares having a fair market value of at least 3/4 of the fair market value of all of the issued shares of the corporation, are beneficially owned by Canadian citizens or by public corporations a class or classes of shares of the capital stock of which are listed on a designated stock exchange located in Canada, other than a public corporation controlled by citizens or subjects of a country other than Canada;

“United States” means

(a)  the United States of America, but does not include Puerto Rico, the Virgin Islands, Guam or any other United States territory or possession; and

(b)  any areas beyond the territorial seas of the United States within which, in accordance with international law and its domestic laws, the United States may exercise rights with respect to the sea-bed and subsoil and the natural resources of those areas.

For the purposes of the definition of “Canadian issue” in the first paragraph, a newspaper issue is a Canadian issue of that newspaper even if the type for the advertisements and features is not set in Canada and if the comics supplements of that issue are not printed in Canada.

For the purposes of subparagraph ii of paragraph e of the definition of “Canadian newspaper” in the first paragraph, the following rules apply:

(a)  where shares of a class of the capital stock of a corporation are owned, or deemed under this paragraph to be owned, at any time by another corporation, other than a public corporation a class or classes of shares of the capital stock of which are listed on a designated stock exchange located in Canada, each shareholder of that other corporation shall be deemed to own at that time that proportion of the number of such shares of that class that the fair market value of the shares of the capital stock of the other corporation owned at that time by the shareholder is of the fair market value of all the issued shares of the capital stock of the other corporation outstanding at that time; and

(b)  where at any time shares of a class of the capital stock of a corporation are owned, or deemed under this paragraph to be owned, by a partnership, each member of the partnership shall be deemed to own at that time the least proportion of the number of such shares of that class that the member’s share of the income or loss of the partnership from any source for its fiscal period that includes that time is of the income or loss of the partnership from that source for its fiscal period that includes that time.

For the purposes of subparagraph b of the third paragraph, where the income and loss of a partnership from any source for a fiscal period are nil, the partnership shall be deemed to have had income from that source for that fiscal period in the amount of $1,000,000.

1972, c. 23, s. 147; 1977, c. 26, s. 17; 1997, c. 31, s. 19; 2003, c. 2, s. 54; 2010, c. 5, s. 22.

159.1. Where the right to produce or publish a newspaper is held by a person, partnership, association or society described in the definition of “Canadian newspaper” in section 159 on behalf of a trust or an estate, the newspaper is not a Canadian newspaper unless each beneficiary under the trust or estate is a person, partnership, association or society described in that definition.

2003, c. 2, s. 55.

159.2. A newspaper is deemed to be a Canadian newspaper until the end of the twelfth month that follows the month in which it would, but for this section, cease to be a Canadian newspaper.

2003, c. 2, s. 55.

159.3. Where at any time one or more persons or entities that are not described in any of paragraphs a to e of the definition of “Canadian newspaper” in section 159 have any direct or indirect influence that, if exercised, would result in control in fact of a person or entity that holds a right to produce or publish issues of a newspaper, the newspaper is deemed not to be a Canadian newspaper at that time.

2003, c. 2, s. 55.

159.4. In computing income, no deduction shall be made by a taxpayer in respect of an otherwise deductible outlay or expense of the taxpayer for advertising space in an issue of a newspaper for an advertisement directed primarily to a market in Canada unless

(a)  the issue is a Canadian issue of a Canadian newspaper; and

(b)  the issue would be a Canadian issue of a Canadian newspaper were it not that the issue was typeset or printed entirely in the United States or partly in the United States and partly in Canada.

2003, c. 2, s. 55.

159.5. Section 159.4 does not apply in respect of an advertisement in a special issue or edition of a newspaper that is edited in whole or in part and printed and published outside Canada if that special issue or edition is devoted to features or news related primarily to Canada and the publishers thereof publish such issue or edition not more frequently than twice a year.

2003, c. 2, s. 55.

§ 2 . — Periodicals

2003, c. 2, s. 55.

159.6. In this subdivision,

“advertisement directed at the Canadian market” has the meaning assigned by subsection 1 of section 19.01 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

“author” includes a writer, a journalist, an illustrator and a photographer;

“original editorial content” of an issue of a periodical means non-advertising content

(a)  the author of which is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27); or

(b)  that is created for the Canadian market and has not been published in any other edition of that issue published outside Canada;

“periodical” has the meaning assigned by subsection 1 of section 19.01 of the Income Tax Act.

For the purposes of the definition of “original editorial content” in the first paragraph, the following rules apply:

(a)  where an issue of a periodical is published in several versions, each version is an edition of that issue; and

(b)  where an issue of a periodical is published in only one version, that version is an edition of that issue.

2003, c. 2, s. 55; 2007, c. 12, s. 42.

159.7. A taxpayer may deduct in computing income, in respect of an outlay or expense of the taxpayer for advertising space in an issue of a periodical for an advertisement directed at the Canadian market, only 1/2 of the amount of that outlay or expense if

(a)  the space occupied by the original editorial content in the issue is less than 80% of the space occupied by the total non-advertising content in the issue; and

(b)  the outlay or expense would, but for this section, be deductible in computing the taxpayer’s income.

2003, c. 2, s. 55.

§ 3 . — Broadcasting

2003, c. 2, s. 55.

159.8. In this subdivision,

“foreign broadcasting undertaking” means a broadcasting undertaking or a network operation located outside Canada or on a ship or aircraft not registered in Canada;

“operation of a broadcasting network” includes any activity involving two or more broadcasting undertakings whereby control over all or any part of the programs or program schedules of any of the broadcasting undertakings is delegated to a network operator.

2003, c. 2, s. 55.

159.9. In computing income, no deduction shall be made by a taxpayer in respect of an outlay or expense of the taxpayer for an advertisement directed primarily to a market in Canada and broadcast by a foreign broadcasting undertaking.

2003, c. 2, s. 55.

DIVISION XII INTEREST AND CERTAIN PROPERTY TAXES

1972, c. 23; 2004, c. 21, s. 61.

160. A taxpayer may deduct the lesser of a reasonable amount and the amount paid in the year or payable in respect of the year, depending on the method that he regularly follows in computing his income, pursuant to a legal obligation to pay interest on:

(a)  borrowed money used to earn income from a business or property;

(b)  an amount payable for property acquired to gain or produce income from it or from a business;

(c)  an amount paid to the taxpayer under a law to advance or sustain the technological capacity of any industry or for any other reason, to the extent prescribed; or

(d)  borrowed money used to acquire an interest in an annuity contract in respect of which sections 92.11 to 92.19 apply, or would apply if the contract had an anniversary day in the year at a time when the taxpayer held the interest, except that, where annuity payments have commenced under the contract in a preceding taxation year, the amount of interest paid or payable in the year shall not be deducted to the extent that it exceeds the amount included under the said sections in computing the taxpayer’s income for the year with respect to his interest in the contract.

1972, c. 23, s. 148; 1984, c. 15, s. 39; 1986, c. 19, s. 30; 1991, c. 25, s. 52; 1993, c. 16, s. 87; 2005, c. 1, s. 65.

161. No amount may be deducted under paragraphs a and b of section 160 to the extent that it represents interest on

(a)  borrowed money used to acquire property the income from which would be exempt from tax or to acquire a life insurance policy which does not include a policy that is an annuity contract issued before 1 January 1978 providing for annuity payments to commence not later than the day on which the policy holder attains 75 years of age, a policy that is a registered pension plan, a registered retirement savings plan, a deferred profit sharing plan, an income-averaging annuity contract or a policy issued under any such plan or contract, or a policy that is an annuity contract all or part of the insurer’s reserves for which vary in amount depending on the fair market value of a specified group of properties;

(b)  an amount payable for property referred to in paragraph a or for property representing an interest in a life insurance policy referred to in the said paragraph; or

(c)  borrowed money used to acquire a share of the capital stock of the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1), a class “A” or class “B” share issued by the corporation governed by the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2) or a class “A” share issued by the corporation governed by the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1), or an amount payable for such shares.

1972, c. 23, s. 149; 1978, c. 26, s. 37; 1980, c. 13, s. 10; 1984, c. 35, s. 13; 1991, c. 25, s. 53; 1993, c. 16, s. 88; 2001, c. 53, s. 45; 2004, c. 21, s. 62; 2005, c. 1, s. 66; 2010, c. 25, s. 17.

162. For the purposes of section 160, where a person borrows money in consideration of a promise by him to repay a larger amount and pay interest on the larger amount, the amount borrowed is deemed the larger amount. However, where the amount actually borrowed has been used in part only to earn income from a business or property, the amount so used is deemed the proportion of the larger amount that the amount actually so used is of the amount actually borrowed.

1972, c. 23, s. 150.

163. There shall be deductible an amount paid in the year pursuant to a legal obligation to pay interest on an amount that would be deductible under section 160 if it were paid in the year or payable in respect of the year.

1972, c. 23, s. 151.

163.1. For the purposes of sections 160 and 163, an amount paid in the year by a taxpayer pursuant to a legal obligation to pay interest includes an amount paid by the taxpayer in the year, after 1980 and in respect of a period commencing after 1980, which is an interest, within the meaning of subparagraph i of the first paragraph of section 835, in respect of a policy loan, within the meaning that it would be given under subparagraph h of the first paragraph of the same section if that subparagraph did not refer to an advance granted in accordance with the terms and conditions of an annuity contract granted by an insurer to the extent that the amount is verified by the insurer in prescribed form and within the prescribed time to be

(a)  such an interest paid in the year on the loan;

(b)  such an interest that is not included in the computation of the adjusted cost basis, within the meaning of sections 976 and 976.1, to the taxpayer, of his interest in the policy; and

(c)  an interest that is not paid on money borrowed before 1978 to acquire a life insurance policy that is an annuity contract issued before 1978 under which pension payments are to begin not later than on the day the policyholder reaches 75 years of age or on an amount payable in respect of property acquired before 1978 which is an interest in such a contract.

1981, c. 12, s. 1; 1986, c. 19, s. 31; 1996, c. 39, s. 273; 2001, c. 53, s. 46; 2005, c. 1, s. 67; 2010, c. 25, s. 18.

163.2. (Repealed).

1984, c. 35, s. 14; 1990, c. 59, s. 91.

164. Notwithstanding section 160, no amount shall be deducted by a taxpayer in computing his income for a particular taxation year in respect of an expense incurred by him in the year as, or in lieu of, full or partial payment of interest on debt relating to the acquisition of land or as, or in lieu of, full or partial payment of property taxes paid or payable by him in respect of land to a province or to a Canadian municipality, except to the extent of the amount determined in the second paragraph, unless, having regard to all the circumstances, including the cost to the taxpayer of the land in relation to his gross revenue therefrom for the particular year or any preceding taxation year, the land can reasonably be considered to have been, in the year,

(a)  used in the course of a business carried on in the particular year by the taxpayer, other than a business in the ordinary course of which land is held primarily for the purposes of resale or development, or

(b)  held primarily by the taxpayer for the purposes of gaining or producing income therefrom for the particular year.

The amount referred to in the first paragraph is equal to the aggregate of

(a)  the amount by which the taxpayer’s gross revenue from the land for the particular year exceeds the aggregate of all other amounts deducted in computing his income from the land for the year;

(b)  where the taxpayer is a corporation whose principal business is the leasing, rental or sale, or the development for lease, rental or sale, or any combination thereof, of immovable property owned by it, to or for a person with whom it is dealing at arm’s length, the corporation’s base level deduction for the particular year.

1972, c. 23, s. 152; 1975, c. 22, s. 20; 1980, c. 13, s. 11; 1990, c. 59, s. 92; 1997, c. 3, s. 71.

165. For the purposes of section 164:

(a)  the word “land”, except to the extent that it is used for the provision of parking facilities for a fee or charge, does not include:

i.  any building or other structure affixed to land;

ii.  the land subjacent to any property described in subparagraph i; or

iii.  the land immediately contiguous to the land contemplated in subparagraph ii that is a parking area, driveway, yard, garden or similar land necessary for the use of any property described in subparagraph i;

(b)  the expression “property taxes” does not include an income or profits tax or a tax relating to the transfer of property;

(c)  the expression “interest on debt relating to the acquisition of land” includes interest paid or payable in the year in respect of borrowed money that may reasonably be considered, having regard to all the circumstances:

i.  to be borrowed money used in respect of the acquisition of land, even if it cannot be identified with particular land; or

ii.  to have been used to assist, directly or indirectly, any person with whom the taxpayer does not deal at arm’s length, a corporation of which the taxpayer is a specified shareholder or a partnership of which the taxpayer’s share of any income or loss is 10% or more, to acquire land to be used or held by that person, corporation or partnership otherwise than as provided for in subparagraph a or b of the first paragraph of section 164, except where the assistance is in the form of a loan to that person, corporation or partnership and a reasonable rate of interest thereon is charged by the taxpayer.

1972, c. 23, s. 153; 1975, c. 22, s. 21; 1990, c. 59, s. 93; 1997, c. 3, s. 71.

165.1. Where a taxpayer who is a member of a partnership is obligated to pay an amount as interest or in full or partial payment of interest on money that was borrowed by him before 1 April 1977 and that was used by him to acquire land owned by the partnership before that day or pursuant to an obligation entered into by him before 1 April 1977 to pay for such land, and, in a taxation year of the taxpayer, the partnership disposes of all or part of the land, or the taxpayer disposes of all or part of his interest in the partnership, to a person other than a person with whom the taxpayer does not deal at arm’s length, the taxpayer may, in computing his income for the year or any subsequent taxation year, deduct such part of the amount as may reasonably be attributed to the part of the land or interest in the partnership, as the case may be, that is so disposed of and that was not

(a)  deductible under section 164 in computing the income of the taxpayer for any previous year,

(b)  deductible in computing the income of another taxpayer for any taxation year,

(c)  included in computing the adjusted cost base to the taxpayer of any property, nor

(d)  deductible, under this section, in computing the income of the taxpayer for a previous taxation year.

1978, c. 26, s. 38; 1995, c. 49, s. 48; 1997, c. 3, s. 71.

165.2. For the purposes of this division, a corporation’s base level deduction for a taxation year is equal to the amount that would be the amount of interest for the year, computed at the prescribed rate, in respect of a loan of $1,000,000 outstanding throughout the year, unless the corporation is associated in the year with one or more other corporations in which case, subject to sections 165.3 to 165.5, its base level deduction for the year is nil.

1990, c. 59, s. 94; 1997, c. 3, s. 71.

165.3. Notwithstanding section 165.2, where none of the corporations that are associated with each other in a taxation year has, in that year, an establishment in a province other than Québec and all of those corporations have filed with the Minister, in prescribed form, an agreement whereby, for the purposes of this division, they allocate an amount to one or more of them for the taxation year and the amount so allocated or the aggregate of the amounts so allocated, as the case may be, does not exceed $1,000,000, the base level deduction for each of the corporations for the year is equal to the base level deduction that would be computed under section 165.2 in respect of the corporation if the reference in that section to an amount of $1,000,000 were read as a reference to the amount so allocated to it.

1990, c. 59, s. 94; 1997, c. 3, s. 71; 1999, c. 83, s. 44.

165.4. Where any of the corporations referred to in section 165.3 has failed to file with the Minister an agreement referred to in that section within 30 days after notice in writing by the Minister has been forwarded to any of them that such an agreement is required for the purposes of any assessment of tax under this Part, the Minister shall, for the purposes of this division, allocate an amount to one or more of them for the taxation year, which amount or the aggregate of which amounts, as the case may be, shall be equal to $1,000,000 and, in any such case, the amount so allocated to any such corporation is deemed to be an amount allocated to the corporation pursuant to section 165.3.

1990, c. 59, s. 94; 1997, c. 3, s. 71; 1999, c. 83, s. 44; 2010, c. 25, s. 19.

165.4.1. Notwithstanding section 165.2, where one of the corporations that are associated with each other in a taxation year has, in that year, an establishment in a province other than Québec and an amount is, pursuant to subsection 2.3 of section 18 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), allocated to one or more such corporations for the year, the base level deduction for the year for each such corporation shall be equal to its base level deduction determined for that year for the purposes of paragraph f of subsection 2 of the said section 18.

Where, for a taxation year, a corporation referred to in the first paragraph files an agreement with the Minister of Revenue of Canada in accordance with paragraph 2.3 of section 18 of the Income Tax Act, the corporation shall file with the Minister, for that year, a copy of that agreement.

1999, c. 83, s. 45; 2000, c. 5, s. 293.

165.5. Notwithstanding any other provision of this division,

(a)  where a corporation to which section 165.3 or 165.4 applies, in this section referred to as “the first corporation”, has more than one taxation year ending in the same calendar year and is associated in two or more of those taxation years with another corporation that has a taxation year ending in that calendar year, the base level deduction of the first corporation for each taxation year in which it is associated with the other corporation ending in that calendar year is, subject to paragraph b, an amount equal to its base level deduction for the first such taxation year determined without reference to paragraph b; and

(b)  where a corporation to which any of sections 165.2 to 165.4 applies, other than a corporation to which section 165.4.1 applies, has a taxation year that is less than 51 weeks, its base level deduction for the year is equal to that proportion of its base level deduction for the year, determined without reference to this paragraph, that the number of days in the year is of 365.

1990, c. 59, s. 94; 1997, c. 3, s. 71; 1999, c. 83, s. 46.

166. A corporation shall not deduct an amount paid as interest or otherwise to the holders of its income bonds or income debentures unless they have been issued or their provisions in respect of interest have been adopted since 1930 to provide the debtor with assistance in meeting his financial difficulties and to replace or alter bonds or debentures which, at the end of 1930, were bearing a fixed unconditional rate of interest.

1972, c. 23, s. 154; 1997, c. 3, s. 71; 1997, c. 14, s. 46.

167. Where, by virtue of the disposition of a debt obligation other than an income bond, an income debenture, a development bond or a small business bond, the transferee has become entitled to an amount of interest that accrued thereon for a period ending at the time of the disposition and that is not payable until after that time, such amount shall be included as interest in computing the transferor’s income for his taxation year in which the disposition occurred, except to the extent that it was otherwise included in computing his income for the year or a preceding taxation year.

In that case, the transferee may, in computing his income for a taxation year, deduct the amount of any interest accrued at the time of the disposition to the extent that the amount was included as interest in computing his income for the year.

1972, c. 23, s. 155; 1984, c. 15, s. 40; 1996, c. 39, s. 273.

167.1. Where a person who has issued a debt obligation, other than an income bond, an income debenture, a small business development bond or a small business bond, is obligated to pay an amount that is stipulated to be interest on that debt obligation in respect of a period before its issue and it is reasonable to consider that the consideration paid to the issuer by the person to whom the debt obligation was issued includes that interest, the following rules apply:

(a)  for the purposes of sections 87, 87.2, 89 to 92.7 and 167, the issue of the debt obligation is deemed to be a disposition of the debt obligation from the issuer, as transferor, to the person to whom the obligation is issued, as transferee, and that interest is deemed to be interest that accrued on the debt obligation for a period ending at the time of the disposition; and

(b)  notwithstanding paragraph a or any other provision of this Act, the issuer shall not deduct or include that interest in computing his income.

1985, c. 25, s. 34; 1991, c. 25, s. 54.

168. (Repealed).

1972, c. 23, s. 156; 1984, c. 15, s. 41.

169. Notwithstanding any other provision of this Part, a corporation resident in Canada shall not make any deduction in respect of the proportion determined in section 170, of any amount otherwise deductible in computing its income for the year, in respect of interest paid or payable by it on outstanding debts to specified persons not resident in Canada.

1972, c. 23, s. 157; 1997, c. 3, s. 71.

170. The proportion to which section 169 refers is the proportion that the amount referred to in the second paragraph is of the average, in this section referred to as the “average outstanding debts”, of all amounts each of which is, in respect of a month that ends in the year, the greatest amount at any time in the month of the corporation’s outstanding debts to specified persons not resident in Canada.

The amount to which the first paragraph refers is equal to the amount by which the corporation’s average outstanding debts for the year exceeds the amount equal to twice the total of

(a)  the retained earnings of the corporation at the beginning of the year, except to the extent that those earnings include retained earnings of any other corporation;

(b)  the average of all amounts each of which is the corporation’s contributed surplus at the beginning of a month that ends in the year, to the extent that it was contributed by a specified shareholder not resident in Canada of the corporation; and

(c)  the average of all amounts each of which is the corporation’s paid-up capital at the beginning of a month that ends in the year, excluding the paid-up capital in respect of shares of any class of the capital stock of the corporation owned by a person other than a specified shareholder not resident in Canada of the corporation.

1972, c. 23, s. 158; 1997, c. 3, s. 71; 2003, c. 2, s. 56.

171. The outstanding debts contemplated in sections 169 and 170 mean the aggregate of each amount outstanding at the particular time in respect of any debt or other obligation to pay an amount payable by the corporation to a person who was, in the year, a specified person not resident in Canada, on which interest paid or payable is or would be, but for section 169, deductible in computing the income of the corporation for the year.

However, the outstanding debts referred to in sections 169 and 170 do not include an amount outstanding at the particular time in relation to a debt or other obligation to pay an amount to

(a)  an insurance corporation not resident in Canada to the extent that the amount outstanding was, for the insurance corporation’s taxation year that included the particular time, designated insurance property in relation to an insurance business carried on in Canada through an establishment; or

(b)  an authorized foreign bank, if the bank uses or holds the amount outstanding at the particular time in its Canadian banking business.

1972, c. 23, s. 159; 1975, c. 22, s. 22; 1984, c. 15, s. 42; 1990, c. 59, s. 95; 1994, c. 22, s. 108; 1997, c. 3, s. 71; 1998, c. 16, s. 99; 2004, c. 8, s. 30.

172. Notwithstanding any other provision of this Part, other than section 173.1, for the purposes of this section and sections 169 to 171 and 174,

(a)  “specified shareholder” of a corporation at any time means a person who at that time, either alone or together with persons with whom that person is not dealing at arm’s length, owns shares of the capital stock of the corporation

i.  that give the holders thereof 25% or more of the votes that could be cast at an annual meeting of the shareholders of the corporation, or

ii.  that have a fair market value of 25% or more of the fair market value of all of the issued and outstanding shares of the capital stock of the corporation;

(b)  “specified shareholder not resident in Canada” of a corporation at any time means a specified shareholder of the corporation who was at that time a person not resident in Canada or an investment corporation owned by persons not resident in Canada;

(c)  “specified person not resident in Canada” means

i.  a specified shareholder not resident in Canada of the corporation; or

ii.  a person not resident in Canada or an investment corporation owned by persons not resident in Canada not dealing at arm’s length with a specified shareholder of the corporation.

For the purpose of determining whether a particular person is a specified shareholder of a corporation at any time, the particular person or the person with whom the particular person is not dealing at arm’s length, as the case may be, is deemed at that time to own the shares referred to in subparagraph a of the first paragraph and the corporation referred to in subparagraph b of the first paragraph is deemed at that time to have redeemed, acquired or cancelled the shares referred to in the said subparagraph b, where the particular person or the person with whom the particular person is not dealing at arm’s length has at that time a right under a contract or otherwise, either immediately or in the future and either absolutely or contingently, other than a right that is not exercisable at that time because the exercise thereof is contingent on the death, bankruptcy or permanent disability of an individual,

(a)  to, or to acquire, shares in a corporation or to control the voting rights of shares in a corporation; or

(b)  to cause a corporation to redeem, acquire or cancel any of its shares, other than shares held by the particular person or the person with whom the particular person is not dealing at arm’s length.

1972, c. 23, s. 160; 1973, c. 18, s. 5; 1984, c. 15, s. 42; 1986, c. 15, s. 51; 1994, c. 22, s. 109; 1997, c. 3, s. 71; 2003, c. 2, s. 57.

173. (Repealed).

1973, c. 18, s. 6; 1997, c. 3, s. 71; 2003, c. 2, s. 58.

173.1. For the purposes of this section and sections 169 to 172 and 174, where a person would, but for this section, be a specified shareholder of a corporation at any time, the person is deemed not to be a specified shareholder of the corporation at that time if

(a)  there was in effect at that time an agreement or arrangement under which, on the satisfaction of a condition or the occurrence of an event that it is reasonable to expect will be satisfied or will occur, the person ceases to be a specified shareholder; and

(b)  the purpose for which the particular person became a specified shareholder was the safeguarding of rights or interests of the person or a person with whom the person is not dealing at arm’s length in respect of any indebtedness owing at any time to the person or a person with whom the particular person is not dealing at arm’s length.

1994, c. 22, s. 110; 1997, c. 3, s. 71; 2003, c. 2, s. 59.

174. For the purposes of sections 169 to 171, where a particular person, described in the second paragraph, makes a loan to another person on condition that person make a loan to a particular corporation resident in Canada, the lesser of these two loans is deemed to be a debt incurred by the particular corporation towards that particular person.

The particular person referred to in the first paragraph is

(a)  a specified shareholder not resident in Canada of a corporation;

(b)  a person not resident in Canada or an investment corporation owned by persons not resident in Canada, who is not dealing at arm’s length with a specified shareholder of the corporation.

1972, c. 23, s. 161; 1977, c. 26, s. 18; 1984, c. 15, s. 43; 1986, c. 19, s. 32; 1997, c. 3, s. 71.

175. (Repealed).

1972, c. 23, s. 162; 1982, c. 5, s. 47; 1986, c. 19, s. 33.

175.1. (1)  Notwithstanding any other provision of this Act, a taxpayer shall not, in computing the taxpayer’s income for a taxation year from a business or property other than income from a business computed in accordance with the method authorized by section 194, make any deduction in respect of an outlay or expense to the extent that it can reasonably be regarded as having been made or incurred

(a)  as consideration for services to be rendered after the end of the year;

(b)  as consideration for insurance in respect of a period after the end of the year, other than, where the taxpayer is an insurer, consideration for reinsurance; or

(c)  as, or in lieu of, full or partial payment of interest, tax or taxes other than taxes payable by an insurer in relation to the insurance premiums of a policy referred to in paragraph a or b of subsection 4, rent or royalty in respect of a period that is after the end of the year.

(2)  The portion of any outlay or expense, other than an outlay or expense of a corporation, partnership or trust as, or in lieu of, full or partial payment of interest, that, but for subsection 1, would have been deductible in computing a taxpayer’s income for a taxation year is deductible in computing the taxpayer’s income for the subsequent taxation year to which it can reasonably be considered to relate.

(3)  For the purposes of subsection 1, an outlay or expense is deemed not to include a payment that is referred to in subsection 1 of section 222 by reason of the fact that it is a payment to which subsection 1 of section 222 first refers that is described in paragraph b of section 222.1, or is a payment to which that subsection 1 then refers, and that

(a)  is made by the taxpayer to a person or partnership with which the taxpayer deals at arm’s length; and

(b)  is not an expenditure in respect of scientific research and experimental development related to a business of the taxpayer and undertaken in Canada on behalf of the taxpayer.

(4)  For the purposes of this section, an outlay or expense made or incurred by an insurer on account of the acquisition of an insurance policy, other than the following policies, is deemed to be an expense incurred as consideration for services rendered consistently throughout the period of coverage of the policy:

(a)  a non-cancellable or guaranteed renewable accident and sickness insurance policy; or

(b)  a life insurance policy other than a group term life insurance policy that provides coverage for a period of 12 months or less.

1982, c. 5, s. 47; 1988, c. 18, s. 12; 1990, c. 59, s. 96; 1994, c. 22, s. 111; 1997, c. 3, s. 71; 1997, c. 31, s. 20; 2004, c. 8, s. 31.

175.1.1. Subject to section 851.22.13.1, where, at any time, a payment is made to a person or partnership by a taxpayer in the course of carrying on a business or earning income from property in respect of borrowed money or on an amount payable for property acquired by the taxpayer, in this section referred to as a “debt obligation”, as consideration for a reduction in the rate of interest payable by the taxpayer on the debt obligation, or as a penalty or bonus payable by the taxpayer by reason of the repayment by the taxpayer of all or part of the principal amount of the debt obligation before its maturity, the payment is deemed, to the extent that it may reasonably be considered to relate to, and does not exceed the value at that time of, an amount that, but for the reduction or the repayment, would have been paid or payable by the taxpayer as interest on the debt obligation for a taxation year of the taxpayer ending after that time,

(a)  for the purposes of this Part, to have been paid by the taxpayer and received by the person or partnership at that time as interest on the debt obligation, and

(b)  for the purpose of computing the taxpayer’s income in respect of the business or property for the year, to have been paid or payable by the taxpayer in that year as interest pursuant to a legal obligation to pay interest,

i.  in the case of any such reduction, on the debt obligation, and

ii.  in the case of any such repayment, where the repayment was in respect of all or part of the principal amount of the debt obligation that was

(1)  borrowed money, except to the extent that the borrowed money was used by the taxpayer to acquire property, on borrowed money used in the year for the purpose for which the borrowed money that was repaid was used, or

(2)  either borrowed money used to acquire property or an amount payable for property acquired by the taxpayer, on the debt obligation to the extent that the property or property substituted therefor is used by the taxpayer in the year for the purpose of earning income therefrom or for the purposes of gaining and producing income from a business.

The first paragraph does not apply where the payment

(a)  may reasonably be considered to have been made in respect of the extension of the term of a debt obligation or in respect of the substitution or conversion of a debt obligation to another debt obligation or share, or

(b)  is contingent or dependent on the use of or production from property or is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation.

1993, c. 16, s. 89; 1995, c. 49, s. 49; 1997, c. 3, s. 71; 2001, c. 7, s. 27; 2003, c. 2, s. 60.

175.1.2. For the purposes of this Part, the amount of interest payable on borrowed money or on an amount payable for property, in this section and sections 175.1.3 to 175.1.8 referred to as the “debt obligation”, by a corporation, partnership or trust, in this section and sections 175.1.3 to 175.1.7 referred to as the “borrower”, in respect of a taxation year is, notwithstanding subparagraph i of paragraph b of section 175.1.1, deemed to be an amount equal to the lesser of

(a)  the amount of interest, not in excess of a reasonable amount, that would have been payable on the debt obligation by the borrower in respect of the year if no amount had been paid before the end of the year in satisfaction of the obligation to pay interest on the debt obligation in respect of the year and if the amount outstanding at each particular time in the year that is after 31 December 1991 on account of the principal amount of the debt obligation were the amount by which the amount outstanding at the particular time on account of the principal amount of the debt obligation exceeds the total of

i.  the aggregate of all amounts each of which is an amount paid before the particular time in satisfaction, in whole or in part, of the obligation to pay interest on the debt obligation in respect of a period or part thereof that is after 31 December 1991, after the beginning of the year, and after the time the amount was so paid, other than a period or part thereof that is in the year where no such amount has been paid before the particular time in respect of a period or part thereof that is after the end of the year, and

ii.  the amount by which

(1)  the aggregate of all amounts each of which is the amount of interest payable on the debt obligation, determined without reference to this section, by the borrower in respect of a taxation year ending after 31 December 1991 and before the year, to the extent that such interest does not exceed a reasonable amount, exceeds

(2)  the aggregate of all amounts each of which is the amount of interest deemed by this section to have been payable on the debt obligation by the borrower in respect of a taxation year ending before the year; and

(b)  the amount by which

i.  the aggregate of all amounts each of which is an amount of interest payable on the debt obligation, determined without reference to this section, by the borrower in respect of the year or a taxation year ending after 31 December 1991 and before the year, to the extent that such interest does not exceed a reasonable amount, exceeds

ii.  the aggregate of all amounts each of which is the amount of interest deemed by this section to be payable on the debt obligation by the borrower in respect of a taxation year ending before the year.

1994, c. 22, s. 112; 1997, c. 3, s. 71.

175.1.3. Where at any time in a taxation year of a borrower a debt obligation of the borrower is settled or extinguished or the holder of the obligation acquires or reacquires property of the borrower in circumstances in which sections 484 to 484.6 apply in respect of the debt obligation and, at that time, the aggregate determined in the second paragraph exceeds the aggregate determined in the third paragraph, which excess is in this section referred to as the “excess amount”, the following rules apply:

(a)  for the purpose of applying sections 484 to 484.6 in respect of the borrower, the principal amount at that time of the debt obligation is deemed to be equal to the amount by which the principal amount at that time of the debt obligation exceeds the excess amount; and

(b)  the excess amount shall be deducted at that time in computing the forgiven amount in respect of the obligation, within the meaning assigned by section 485.

The aggregate first referred to in the first paragraph, at any particular time, is equal to the total of the following amounts:

(a)  the aggregate of all amounts each of which is an amount paid at or before that time in satisfaction, in whole or in part, of the obligation to pay interest on the debt obligation in respect of a period or part of a period that is after the particular time; and

(b)  the aggregate of all amounts each of which is the amount of interest payable on the debt obligation, determined without reference to section 175.1.2, by the borrower in respect of a taxation year ending after 31 December 1991 and before the particular time, or in respect of a period or part thereof that is in the year and before the particular time, to the extent that such interest does not exceed a reasonable amount.

The second aggregate referred to in the first paragraph, at any particular time, is equal to the total of the following amounts:

(a)  the aggregate of all amounts each of which is an amount of interest deemed by section 175.1.2 to have been payable on the debt obligation by the borrower in respect of a taxation year ending before the particular time; and

(b)  the amount of interest that would be deemed by section 175.1.2 to have been payable on the debt obligation by the borrower in respect of the year if the year had ended immediately before the particular time.

1994, c. 22, s. 112; 1996, c. 39, s. 52.

175.1.4. Where an amount is paid at any time by a person or partnership in respect of a debt obligation of a borrower as, or in lieu of, full or partial payment of interest on the debt obligation in respect of a period or part thereof that is after 31 December 1991 and after the time the amount was so paid, or as consideration for a reduction in the rate of interest payable on the debt obligation, excluding a payment described in the second paragraph of section 175.1.1, in respect of a period or part thereof that is after 31 December 1991 and after the time the amount was so paid, that amount is deemed,

(a)  for the purposes of section 175.1.5 and, subject to that section, for the purposes of subparagraph 1 of subparagraph ii of paragraph a of section 175.1.2, subparagraph i of paragraph b of that section, subparagraph b of the second paragraph of section 175.1.3 and section 175.1.6, to be an amount of interest payable on the debt obligation by the borrower in respect of that period or part thereof; and

(b)  for the purposes of subparagraph i of paragraph a of section 175.1.2 and subparagraph a of the second paragraph of section 175.1.3, to be an amount paid at that time in satisfaction of the obligation to pay interest on the debt obligation in respect of that period or part thereof.

1994, c. 22, s. 112; 1997, c. 3, s. 71.

175.1.5. Where an amount of interest payable on a debt obligation, determined without reference to section 175.1.2, by a borrower in respect of a particular period or part thereof that is after 31 December 1991 can reasonably be regarded as an amount payable as consideration for a reduction in the amount of interest that would otherwise be payable on the debt obligation in respect of a subsequent period, or a reduction in the amount that was or may be paid before the beginning of a subsequent period in satisfaction of the obligation to pay interest on the debt obligation in respect of that subsequent period, such reductions being determined without reference to the existence of, or the amount of any interest paid or payable on, any other debt obligation, that amount,

(a)  for the purposes of subparagraph 1 of subparagraph ii of paragraph a of section 175.1.2, subparagraph i of paragraph b of that section, subparagraph b of the second paragraph of section 175.1.3 and section 175.1.6, is deemed to be an amount of interest payable on the debt obligation by the borrower in respect of the subsequent period and not to be an amount of interest payable on the debt obligation by the borrower in respect of the particular period; and

(b)  when paid, is deemed for the purposes of subparagraph i of paragraph a of section 175.1.2 and subparagraph a of the second paragraph of section 175.1.3 to be an amount paid in satisfaction of the obligation to pay interest on the debt obligation in respect of the subsequent period.

1994, c. 22, s. 112.

175.1.6. Where liability in respect of a debt obligation of a person or partnership is assumed by a borrower at any time,

(a)  the amount of interest payable on the debt obligation, determined without reference to section 175.1.2, by any person or partnership in respect of a period is, to the extent that that period is included in a taxation year of the borrower ending after 31 December 1991, deemed, for the purposes of subparagraph 1 of subparagraph ii of paragraph a of section 175.1.2, subparagraph i of paragraph b of that section and subparagraph b of the second paragraph of section 175.1.3, to be an amount of interest payable on the debt obligation by the borrower in respect of that year; and

(b)  the application of sections 175.1.2 and 175.1.3 to the borrower in respect of the debt obligation after that time shall be determined on the assumption that section 175.1.2 applied to the borrower in respect of the debt obligation before that time.

For the purposes of this section, where the borrower came into existence at a particular time that is after the beginning of the particular period commencing at the beginning of the first period in respect of which interest was payable on the debt obligation by any person or partnership and ending at the particular time, the borrower is deemed to have been in existence throughout the particular period, and to have had, throughout the particular period, taxation years ending on the day of the year on which its first taxation year ended.

1994, c. 22, s. 112; 1997, c. 3, s. 71.

175.1.7. Where the amount paid by a borrower at any particular time, in satisfaction of the obligation to pay a particular amount of interest on a debt obligation in respect of a subsequent period or part thereof, exceeds the particular amount of that interest, discounted for the particular period beginning at the particular time and ending at the end of the subsequent period or part thereof, and at the rate or rates of interest applying under the debt obligation during the particular period or, where the rate of interest in respect of any part of the particular period is not fixed at the particular time, at the prescribed rate of interest in effect at the particular time, such excess is deemed

(a)  for the purposes of sections 175.1.2 to 175.1.6 and 175.1.8, to be neither an amount of interest payable on the debt obligation nor an amount paid in satisfaction of the obligation to pay interest on the debt obligation; and

(b)  to be a payment as a penalty or bonus, described in section 175.1.1, in respect of the debt obligation.

1994, c. 22, s. 112.

175.1.8. Notwithstanding sections 175.1.2 to 175.1.7, the aggregate of all amounts each of which is an amount of interest payable on a debt obligation by an individual, other than a trust, or deemed by section 175.1.2 to be payable on the debt obligation by a corporation, partnership or trust, in respect of a taxation year ending after 31 December 1991 and before any particular time, shall not exceed the aggregate of all amounts each of which is an amount of interest payable on the debt obligation, determined without reference to section 175.1.2, by a person or partnership in respect of a taxation year ending after 31 December 1991 and before that particular time.

1994, c. 22, s. 112; 1997, c. 3, s. 71.

175.2. Notwithstanding any other provision of this Part, a taxpayer shall not, in computing his income for a taxation year, deduct any amount under section 147, 160, 163, 176, 176.4 or 179 in respect of borrowed money, or other property acquired by the taxpayer, in respect of any period after which the money or other property is used by the taxpayer for the purpose of

(a)  making a payment after 12 November 1981 as consideration for an income-averaging annuity contract, unless such contract was acquired pursuant to an agreement in writing entered into before 13 November 1981;

(a.1)   making a payment to acquire an income-averaging annuity respecting income from artistic activities;

(b)  paying a premium referred to in paragraph b of subsection 11 of section 18 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(c)  making a contribution to a registered pension plan or a deferred profit sharing plan after 12 November 1981, other than a contribution described in paragraph b or c of section 71, as they read for the taxation year 1990, that was required to be made pursuant to an obligation entered into before 13 November 1981, or an amount deductible by the taxpayer under section 137 or paragraph b of section 158 in computing his income;

(d)  making a payment as consideration for an annuity the payment for which deductible in computing his income by virtue of paragraph f of section 339;

(d.1)  making a contribution to a net income stabilization account;

(d.1.0.1)  paying an amount as a contribution to a farm income stabilization account;

(d.1.1)  making a contribution to a retirement compensation arrangement where the contribution was deductible under section 70.2 in computing his income;

(d.2)  paying an amount to any account under a provincial pension plan prescribed by regulation for the purposes of paragraph v of section 60 of the Income Tax Act;

(d.3)  making a contribution to a registered education savings plan;

(d.4)  making a contribution to a registered disability savings plan; and

(d.5)  making a contribution to a tax-free savings account;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  (paragraph repealed).

1984, c. 15, s. 44; 1985, c. 25, s. 35; 1987, c. 67, s. 41; 1990, c. 59, s. 97; 1991, c. 25, s. 55; 1993, c. 16, s. 90; 1994, c. 22, s. 113; 1995, c. 49, s. 50; 1997, c. 14, s. 47; 2000, c. 5, s. 44; 2004, c. 21, s. 63; 2005, c. 23, s. 41; 2009, c. 15, s. 61.

175.2.1. For the purposes of section 175.2, to the extent that an indebtedness is incurred by a taxpayer in respect of a property and at any time that property or a property substituted therefor is used for any of the purposes referred to in the said section, the indebtedness is deemed to be incurred at that time and for that purpose.

1993, c. 16, s. 91; 1994, c. 22, s. 114.

175.2.2. Where at any time after 31 December 1993 borrowed money ceases to be used by a taxpayer for the purpose of earning income from a capital property, other than depreciable property or immovable property, and the amount of the borrowed money that was so used by the taxpayer immediately before that time exceeds the amount determined under the second paragraph, the amount of the excess, to the extent that it is outstanding after that time, is deemed to be borrowed money used by the taxpayer for the purpose of earning income from the property.

The amount referred to in the first paragraph as being determined in the second paragraph is the aggregate of

(a)  where the taxpayer disposed of the property at the particular time for an amount of consideration that is not less than the fair market value of the property at that time, the amount of the borrowed money used to acquire the consideration;

(b)  where the taxpayer disposed of the property at the particular time and paragraph a does not apply, the amount of the borrowed money that, if the taxpayer had received as consideration an amount of money equal to the amount by which the fair market value of the property at that time exceeds the amount included in the aggregate determined under this paragraph by reason of paragraph c, would be considered to be used to acquire the consideration;

(c)  where the taxpayer disposed of the property at the particular time for consideration that includes a reduction in the amount of the borrowed money, the amount of the reduction; and

(d)  where the taxpayer did not dispose of the property at the particular time, the amount of the borrowed money that, if the taxpayer had disposed of the property at that time and received as consideration an amount of money equal to the fair market value of the property at that time, would be considered to be used to acquire the consideration.

1995, c. 49, s. 51.

175.2.3. Where at any particular time after 31 December 1993 a taxpayer ceases to carry on a business and, as a consequence, borrowed money ceases to be used by the taxpayer for the purpose of earning income from the business, the following rules apply:

(a)  where, at any time, in this paragraph referred to as the “time of disposition”, at or after the particular time, the taxpayer disposes of property that was last used by the taxpayer in the business, an amount of the borrowed money equal to the lesser of the following amounts is deemed to have been used by the taxpayer immediately before the time of disposition to acquire the property:

i.  the fair market value of the property at the time of disposition, and

ii.  the amount of the borrowed money outstanding at the time of disposition that is not deemed by this paragraph to have been used before the time of disposition to acquire any other property;

(b)  subject to paragraph a, the borrowed money is deemed, after the particular time, not to have been used to acquire property that was used by the taxpayer in the business;

(c)  the amount of the borrowed money outstanding at any time after the particular time that is not deemed by paragraph a to have been used before that subsequent time to acquire property is deemed to be used by the taxpayer at that subsequent time for the purpose of earning income from the business; and

(d)  the business is deemed to have fiscal periods after the particular time that coincide with the taxation years of the taxpayer, except that the first such fiscal period is deemed to begin at the end of the business’s last fiscal period that began before the particular time.

1995, c. 49, s. 51.

175.2.4. For the purposes of paragraph a of section 175.2.3,

(a)  where a property was used by a taxpayer in a business that the taxpayer has ceased to carry on, the taxpayer is deemed to dispose of the property at the time at which the taxpayer begins to use the property in another business or for any other purpose;

(b)  where a taxpayer, who has at any particular time ceased to carry on a business, regularly used a property in part in the business and in part for some other purpose,

i.  the taxpayer is deemed to have disposed of the property at that time, and

ii.  the fair market value of the property at that time is deemed to equal the proportion of the fair market value of the property at that time that the use regularly made of the property in the business was of the whole use regularly made of the property; and

(c)  where the taxpayer is a trust, sections 653 to 656.3.1 do not apply.

1995, c. 49, s. 51; 2004, c. 21, s. 64.

175.2.5. Where an amount is payable by a taxpayer for property, the amount is deemed, for the purposes of sections 175.2.2 to 175.2.7 and, where section 175.2.3 applies with respect to the amount, for the purposes of this Part, to be payable in respect of borrowed money used by the taxpayer to acquire the property.

1995, c. 49, s. 51.

175.2.6. For the purposes of sections 175.2.2 to 175.2.7, where borrowed money that has been used to acquire an interest in a partnership is, as a consequence, considered to be used at any time for the purpose of earning income from a business or property of the partnership, the borrowed money is deemed to be used at that time for the purpose of earning income from property that is the interest in the partnership and not to be used for the purpose of earning income from the business or property of the partnership.

1995, c. 49, s. 51; 1997, c. 3, s. 71.

175.2.7. Where at any time a taxpayer uses borrowed money to repay money previously borrowed that was deemed by paragraph c of section 175.2.3 immediately before that time to be used for the purpose of earning income from a business, the following rules apply:

(a)  paragraphs a to c of section 175.2.3 apply with respect to the borrowed money; and

(b)  section 183 does not apply with respect to the borrowed money.

1995, c. 49, s. 51.

175.2.8. For the purposes of this section and sections 175.2.9 to 175.2.11,

“branch advance” of an authorized foreign bank means an amount allocated or provided by, or on behalf of, the bank to, or for the benefit of, its Canadian banking business under terms that were documented, before the amount was so allocated or provided, to the same extent as, and in a form similar to the form in which, the bank would ordinarily document a loan by it to a person with whom it deals at arm’s length;

“branch financial statements” of an authorized foreign bank for a taxation year means the unconsolidated statements of assets and liabilities and of income and expenses, in relation to its Canadian banking business,

(a)  that form part of the bank’s annual report for the year filed with the Superintendent of Financial Institutions of Canada as required under section 601 of the Bank Act (Statutes of Canada, 1991, chapter 46), and accepted by the Superintendent; and

(b)  if such a report is not required to be filed for the year, that are prepared in a manner consistent with the statements in the annual report or reports so filed and accepted for the period or periods in which the year falls;

“calculation period” of an authorized foreign bank for a taxation year means any one of a series of regular periods into which the year is divided in a designation by the bank in its fiscal return for the year or, in the absence of such a designation, by the Minister,

(a)  none of which is longer than 31 days;

(b)  the first of which commences at the beginning of the year and the last of which ends at the end of the year; and

(c)  that are, unless the Minister otherwise agrees in writing, consistent with the calculation periods designated by the bank for its preceding taxation year.

If the Minister demonstrates that the statements referred to in the definition of “branch financial statements” in the first paragraph are not prepared in accordance with generally accepted accounting principles in Canada as modified by any specifications applicable to the bank made by the Superintendent of Financial Institutions of Canada under subsection 4 of section 308 of the Bank Act, in this paragraph referred to as “modified accounting principles”, the expression “branch financial statements” means the statements subject to such modifications as are required to make them comply with modified accounting principles.

2004, c. 8, s. 32.

175.2.9. In computing the income of an authorized foreign bank from its Canadian banking business for a taxation year, there may be deducted on account of interest for each calculation period of the bank for the year,

(a)  where the total amount at the end of the period of its branch advances and debts to other persons and partnerships is 95% or more of the amount of its assets at that time, an amount not exceeding

i.  if the amount of debts to other persons and partnerships at that time is less than 95% of the amount of its assets at that time, the amount determined by the formula

E + D × (0.95 × A − C) / B, and

ii.  if the amount of debts to other persons and partnerships at that time is equal to or greater than 95% of the amount of its assets at that time, the amount determined by the formula

E × (0.95 × A) / C; and

(b)  in any other case, the aggregate of

i.  the amount determined by the formula

D + E, and

ii.  the product obtained by multiplying the average, based on daily observations, of the Bank of Canada bank rate for the period by the lesser of the amount claimed by the authorized foreign bank in its fiscal return it is required to file for the year under section 1000 and the amount determined by the formula

(0.95 × A) − (B + C).

In the formulas provided for in the first paragraph,

(a)  A is the amount of the bank’s assets at the end of the period;

(b)  B is the amount of the bank’s branch advances at the end of the period;

(c)  C is the amount of the bank’s debts to other persons and partnerships at the end of the period;

(d)  D is the aggregate of all amounts each of which is a reasonable amount on account of notional interest for the period, in respect of a branch advance, that would be deductible in computing the bank’s income for the year if it were interest payable by, and the advance were indebtedness of, the bank to another person and if this Act were read without reference to sections 133.6 and 175.2.8 to 175.2.11; and

(e)  E is the aggregate of all amounts each of which is an amount on account of interest for the period in respect of a debt of the bank to another person or partnership that would be deductible in computing the bank’s income for the year if this Act were read without reference to sections 133.6 and 175.2.8 to 175.2.11.

2004, c. 8, s. 32.

175.2.10. Only amounts that are in respect of an authorized foreign bank’s Canadian banking business, and that are entered in the accounting records of the business in a manner consistent with the manner in which they are required to be treated for the purposes of the branch financial statements, shall be used to determine the amounts referred to in the first paragraph of section 175.2.9 of an authorized foreign bank’s assets, debts to other persons and partnerships, and branch advances, and the amounts in the second paragraph of section 175.2.9.

2004, c. 8, s. 32.

175.2.11. For the purposes of subparagraph d of the second paragraph of section 175.2.9, a reasonable amount on account of notional interest for a calculation period in respect of a branch advance is the amount that would be payable on account of interest for the period by a notional borrower, having regard to the duration of the advance, the currency in which repayment is required and all other terms, as determined with reference to paragraph c, of the advance, if

(a)  the borrower were a person that carried on the bank’s Canadian banking business, that dealt at arm’s length with the bank and that had the same credit-worthiness and borrowing capacity as the bank;

(b)  the advance were a loan by the bank to the borrower; and

(c)  any of the terms of the advance, excluding the rate of interest, but including the structure of the interest calculation, such as whether the rate is fixed or floating and the choice of any reference rate referred to, that are not terms that would be made between the bank as lender and the borrower, having regard to all the circumstances, including the nature of the Canadian banking business, the use of the advanced funds in the business and normal risk management practices for banks, were instead terms that would be agreed to by the bank and the borrower.

2004, c. 8, s. 32.

175.2.12. For the purposes of this section and sections 175.2.13 to 175.2.15,

“exchange date” in respect of a debt of a taxpayer that is at any time a weak currency debt means,

(a)  if the debt is incurred or assumed by the taxpayer in relation to borrowed money that is denominated in the final currency, the day that the debt is incurred or assumed by the taxpayer; and

(b)  if the debt is incurred or assumed by the taxpayer in relation to borrowed money that is not denominated in the final currency, or in relation to the acquisition of property, the day on which the taxpayer uses the borrowed money or the acquired property, directly or indirectly, to acquire funds that are, or to settle an obligation that is, denominated in the final currency;

“hedge” in respect of a debt of a taxpayer that is at any time a weak currency debt means any agreement entered into by the taxpayer

(a)  that can reasonably be regarded as having been entered into by the taxpayer primarily to reduce the taxpayer’s risk, in relation to payments of principal or interest in respect of the debt, of fluctuations in the value of the weak currency; and

(b)  that is designated by the taxpayer as a hedge in respect of the debt in prescribed form filed with the Minister on or before the 30th day after the day on which the taxpayer entered into the agreement;

“weak currency debt” of a taxpayer at a particular time means a particular debt in a foreign currency, in this section and sections 175.2.13 to 175.2.15 referred to as the “weak currency”, incurred or assumed by the taxpayer at a time, in this section and sections 175.2.13 to 175.2.15 referred to as the “commitment time”, after 27 February 2000, in relation to borrowed money or an acquisition of property, where

(a)  any of the following applies, namely,

i.  the borrowed money is denominated in a currency, in this section and sections 175.2.13 to 175.2.15 referred to as the “final currency”, other than the weak currency, is used for the purpose of earning income from a business or property and is not used to acquire funds in a currency other than the final currency,

ii.  the borrowed money or the acquired property is used, directly or indirectly, to acquire funds that are denominated in a currency, in this section and sections 175.2.13 to 175.2.15 also referred to as the “final currency”, other than the weak currency, that are used for the purpose of earning income from a business or property and that are not used to acquire funds in a currency other than the final currency,

iii.  the borrowed money or the acquired property is used, directly or indirectly, to settle an obligation that is denominated in a currency, in this section and sections 175.2.13 to 175.2.15 also referred to as the “final currency”, other than the weak currency, that is incurred or assumed for the purpose of earning income from a business or property and that is not incurred or assumed to acquire funds in a currency other than the final currency, or

iv.  the borrowed money or the acquired property is used, directly or indirectly, to settle another debt of the taxpayer that is at any time a weak currency debt in respect of which the final currency is a currency other than the currency of the particular debt and is deemed to be the final currency in respect of the particular debt;

(b)  the amount of the particular debt together with any other debt that would, but for this paragraph, be at any time a weak currency debt, and that can reasonably be regarded as having been incurred or assumed by the taxpayer as part of a series of transactions that includes the incurring or assumption of the particular debt, exceeds $500,000; and

(c)  either of the following applies, namely,

i.  if the rate at which interest is payable at the particular time in the weak currency in respect of the particular debt is determined under a formula based on the value from time to time of a reference rate, other than a reference rate the value of which is established or materially influenced by the taxpayer, the interest rate at the commitment time, as determined under the formula as though interest were then payable, exceeds by more than two percentage points the rate at which interest would have been payable at the commitment time in the final currency if

(1)  the taxpayer had, at the commitment time, instead incurred or assumed an equivalent amount of debt in the final currency on the same terms as the particular debt, excluding the rate of interest but including the structure of the interest calculation, such as whether the rate is fixed or floating, with those modifications that the difference in currency requires, and

(2)  interest on the equivalent amount of debt referred to in subparagraph 1 was payable at the commitment time, and

ii.  in any other case, the rate at which interest is payable at the particular time in the weak currency in respect of the particular debt exceeds by more than two percentage points the rate at which interest would have been payable at the particular time in the final currency if at the commitment time the taxpayer had instead incurred or assumed an equivalent amount of debt in the final currency on the same terms as the particular debt, excluding the rate of interest but including the structure of the interest calculation, such as whether the rate is fixed or floating, with those modifications that the difference in currency requires.

2004, c. 8, s. 32.

175.2.13. Notwithstanding any other provision of this Act, the following rules apply in respect of a particular debt of a taxpayer, other than a corporation described in any of paragraphs a, b, c and e of the definition of “specified financial institution” in section 1, that is at any time a weak currency debt:

(a)  no deduction on account of interest that accrues on the debt for any period that begins after the day that is the later of 30 June 2000 and the exchange date during which it is a weak currency debt shall exceed the amount of interest that would, if at the commitment time the taxpayer had instead incurred or assumed an equivalent amount of debt in the final currency on the same terms as the particular debt, excluding the rate of interest but including the structure of the interest calculation, such as whether the rate is fixed or floating, have accrued on the equivalent debt during that period, with those modifications that the difference in currency requires;

(b)  the amount of the taxpayer’s gain or loss, in this section and section 175.2.14 referred to as a “foreign exchange gain” or “foreign exchange loss”, for a taxation year on the settlement or extinguishment of the debt that is due to the fluctuation in the value of any currency shall be included or deducted, as the case may be, in computing the taxpayer’s income from the business or the property to which the debt relates; and

(c)  the amount of any interest on the debt that is, because of this section, not deductible is deemed, for the purpose of computing the taxpayer’s foreign exchange gain or foreign exchange loss on the settlement or extinguishment of the debt, to be an amount paid by the taxpayer to settle or extinguish the debt.

2004, c. 8, s. 32.

175.2.14. In applying section 175.2.13 in circumstances where a taxpayer has entered into a hedge in respect of a debt of the taxpayer that is at any time a weak currency debt, the amount paid or payable in the weak currency for a taxation year on account of interest on the debt, or paid in the weak currency for a taxation year on account of the debt’s principal, shall be decreased by the amount of any foreign exchange gain, or increased by the amount of any foreign exchange loss, on the hedge in respect of the amount so paid or payable.

2004, c. 8, s. 32.

175.2.15. Where the amount, expressed in the weak currency, outstanding on account of principal in respect of a debt that is at any time a weak currency debt is reduced before maturity, whether by repayment or otherwise, the amount, expressed in the weak currency, of the reduction is deemed, except for the purpose of determining the rate of interest that would have been charged on an equivalent debt in the final currency and applying paragraph b of the definition of “weak currency debt” in section 175.2.12, to have been a separate debt from the commitment time.

2004, c. 8, s. 32.

DIVISION XII.0.1 TRANSITIONAL RULES RELATING TO AN INSURER

2010, c. 25, s. 20.

175.2.16. In sections 175.2.17 to 175.2.19, “insurance business”, “reserve transition amount” and “transition year” have the meaning assigned by section 92.23.

2010, c. 25, s. 20.

175.2.17. If an insurer’s reserve transition amount in respect of an insurance business carried on by it in Canada is negative, the reserve transition amount, expressed as a positive number, must be deducted in computing the insurer’s income for its transition year from the insurance business.

2010, c. 25, s. 20.

175.2.18. If an amount has been included under section 92.24 in computing an insurer’s income for its transition year from an insurance business carried on by it in Canada, there must be deducted in computing the insurer’s income, for each particular taxation year of the insurer that ends after the beginning of the transition year, from that insurance business, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount included under section 92.24 in computing the insurer’s income for its transition year from that insurance business; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 20.

175.2.19. If at any time an insurer ceases (otherwise than as a result of an amalgamation within the meaning of subsections 1 and 2 of section 544) to carry on all or substantially all of an insurance business (in this section referred to as the “discontinued business”), and neither section 92.26 nor 92.27 applies, there must be deducted in computing the insurer’s income from the discontinued business for the insurer’s taxation year that includes the time that is immediately before that time, the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the amount included under section 92.24 in computing the insurer’s income from the discontinued business for its transition year; and

(b)  B is the aggregate of all amounts each of which is an amount deducted under section 175.2.18 in computing the insurer’s income from the discontinued business for a taxation year that began before that time.

2010, c. 25, s. 20.

175.3. (Repealed).

1985, c. 25, s. 36; 1987, c. 67, s. 42.

DIVISION XII.1 WORKSPACE IN HOME

1990, c. 59, s. 98; 1999, c. 83, s. 47.

175.4. Notwithstanding any other provision of this Act, an individual or a partnership of which the individual is a member shall not, in computing his or its income from a business for a taxation year or a fiscal period, as the case may be, deduct an amount in respect of an amount otherwise deductible for any part, in this division referred to as the “work space”, of a self-contained domestic establishment in which the individual resides, except to the extent that the work space is either

(a)  the principal place of business of the individual or partnership, as the case may be; or

(b)  used

i.  exclusively for the purposes of earning income from a business, and

ii.  on a regular and continuous basis for meeting clients, customers or patients of the individual or partnership in respect of the business, as the case may be.

1990, c. 59, s. 98; 1996, c. 39, s. 273; 1997, c. 14, s. 48; 1997, c. 31, s. 21.

175.5. Where a work space is described in paragraph a or b of section 175.4, the amount in respect of the work space that is deductible by the individual or partnership referred to in that section in computing the income of the individual or partnership from the business referred to in that section for a taxation year or fiscal period, as the case may be, shall not exceed the lesser of

(a)  the aggregate of all amounts each of which is,

i.  where the individual or the partnership has made an expenditure, other than an expenditure of a capital nature, that may reasonably be considered to relate

(1)  both to the part of the establishment, other than the work space, and to the work space, the product obtained by multiplying the amount that would, but for this section, be deductible in computing the income of the individual or partnership from the business for the taxation year or the fiscal period, as the case may be, in respect of the expenditure, by 50%, or

(2)  solely to the work space, the amount that would, but for this section, be deductible in computing the income of the individual or partnership from the business for the taxation year or the fiscal period, as the case may be, in respect of the expenditure, and

ii.  the amount deducted by the individual or the partnership in computing the income of the individual or partnership from the business for the taxation year or the fiscal period, as the case may be, under paragraph a of section 130 or the second paragraph of section 130.1, in respect of the work space; and;

(b)  the income of the individual or partnership from the business for the taxation year or the fiscal period, as the case may be, computed before deducting any amount referred to in subparagraphs i and ii of subparagraph a and without reference to sections 217.2 to 217.17.

For the purposes of subparagraph i of subparagraph a of the first paragraph,

(a)  an amount paid or payable by the individual or partnership as rent pertaining to the work space is deemed to be an expenditure that may reasonably be considered to relate to both the part of the establishment, other than the work space, and the work space;

(b)  an expenditure, other than an expenditure of a capital nature, made by the individual or partnership, that may reasonably be considered to relate to both the work space in connection with the operation of a tourist accommodation establishment that is a tourist home, bed and breakfast establishment or participating establishment in a hospitality village, within the meaning of the regulations made under the Act respecting tourist accommodation establishments (chapter E-14.2), and the part of the establishment, other than the work space, is deemed to be an expenditure relating solely to the work space if the individual or partnership holds a classification certificate of the appropriate class to which the tourist accommodation establishment belongs, issued under that Act, or is a participant in a hospitality village covered by such a classification certificate;

(b.1)  an expenditure, other than an expenditure of a capital nature, made by the individual or partnership, that may reasonably be considered to relate to both the work space in connection with the operation of a private residential home and the part of the establishment, other than the work space, is deemed to be an expenditure relating solely to the work space; and

(c)  an expenditure, other than an expenditure of a capital nature, made by the individual or partnership, that may reasonably be considered to relate both to the part of the establishment, other than the work space, and to the work space, including an amount paid or payable by the individual or partnership as lighting or heating costs, and that is not an expenditure in relation to the maintenance of the establishment, is deemed to be an expenditure that may reasonably be considered to relate solely to the work space.

For the purposes of subparagraph c of the second paragraph, an amount paid or payable by the individual or partnership as maintenance and repairs costs, rent, interest on a hypothecary loan, property and school taxes or insurance premiums, relating to both the part of the establishment, other than the work space, and the work space, is deemed to be an expenditure relating to the maintenance of the establishment.

1990, c. 59, s. 98; 1997, c. 14, s. 49; 1997, c. 31, s. 22; 1999, c. 83, s. 48; 2000, c. 5, s. 293; 2000, c. 39, s. 16; 2001, c. 51, s. 27; 2002, c. 9, s. 7; 2006, c. 13, s. 29.

175.6. Where the amount determined under subparagraph a of the first paragraph of section 175.5, in respect of a business of an individual or partnership for the taxation year or fiscal period, as the case may be, preceding a particular taxation year or fiscal period, as the case may be, exceeds the amount determined under subparagraph b of that first paragraph, in respect of the business of the individual or partnership for that preceding taxation year or fiscal period, as the case may be, the following rules apply:

(a)  for the purposes of section 175.4, the excess amount is deemed, for the purpose of computing the income of the individual or partnership from the business for the particular taxation year or fiscal period, as the case may be, to be an amount otherwise deductible for the particular taxation year or fiscal period, as the case may be, in respect of a work space that is described in paragraph a or b of section 175.4 for the particular taxation year or fiscal period, as the case may be;

(b)  in applying section 175.5, the excess amount is deemed to be an expenditure, other than an expenditure of a capital nature, that may reasonably be considered to relate solely to the work space and that is deductible in computing the income of the individual or partnership from the business for the particular taxation year or the particular fiscal period, as the case may be.

1990, c. 59, s. 98; 1997, c. 14, s. 49; 1997, c. 31, s. 22; 2000, c. 39, s. 17.

DIVISION XII.1.1 EXPENSES FOR FOOD, BEVERAGES AND ENTERTAINMENT

2004, c. 21, s. 65.

175.6.1. The aggregate of all amounts that a taxpayer may deduct in computing income from a business or property for a taxation year, each of which is an amount to which section 421.1 applies for the year, shall not exceed

(a)  in respect of a business of the taxpayer that consists in acting as an intermediary in selling property included in the inventory of another taxpayer,

i.  if the taxpayer’s gross revenue for the year from the business referred to in this subparagraph does not exceed $32,500, the amount determined by the formula

[2% × (A / B)] + [2% × (C − A)],

ii.  if the taxpayer’s gross revenue for the year from the business referred to in this subparagraph exceeds $32,500 but does not exceed $51,999, $650, and

iii.  if the taxpayer’s gross revenue for the year from the business referred to in this subparagraph exceeds $51,999, the amount determined by the formula

[1.25% × (A / B)] + [1.25% × (C − A)];

(b)  in any other case,

i.  if the taxpayer’s gross revenue for the year from the business or property does not exceed $32,500, an amount equal to 2% of that gross revenue,

ii.  if the taxpayer’s gross revenue for the year from the business or property exceeds $32,500 but does not exceed $51,999, $650, and

iii.   if the taxpayer’s gross revenue for the year from the business or property exceeds $51,999, an amount equal to 1.25% of that gross revenue.

In the formulas in subparagraphs i and iii of subparagraph a of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the amount of a commission that the taxpayer included in computing income for the year from the business referred to in that subparagraph a;

(b)  B is the average percentage of the aggregate of all the commissions in respect of which the taxpayer included the amount in computing income for the year from the business referred to in that subparagraph a; and

(c)  C is the taxpayer’s gross revenue for the year from the business referred to in that subparagraph a.

If the number of days in the taxation year of the taxpayer is less than 365, the following rules apply:

(a)  for the purposes of subparagraphs a and b of the first paragraph, the taxpayer’s gross revenue for the year from a business or property is deemed to be equal to the amount obtained by multiplying that revenue by the proportion that 365 is of the number of days in the year; and

(b)  the amount determined under subparagraph a or b of the first paragraph is deemed to be equal to that amount, otherwise determined, multiplied by the proportion that the number of days in the year is of 365.

However, an amount to which section 421.1 applies for a taxation year shall not be included in computing the aggregate referred to in the first paragraph, in relation to a business of the taxpayer, where it is an amount in respect of food or beverages consumed in a place that is at least 40 kilometres from the taxpayer’s place of business by a person who habitually works in that place of business or is ordinarily attached thereto and the amount is an amount paid or payable in connection with activities related to the business that are carried on by that person in a place that is at least 40 kilometres from that place of business.

In addition, no taxpayer who is a member of a partnership at the end of a fiscal period of the partnership may, in respect of a business carried on by the partnership or of property owned by the partnership, deduct an amount incurred by the taxpayer and to which section 421.1 applies, in computing income from the business or property for the taxpayer’s taxation year in which that fiscal period ends.

2004, c. 21, s. 65; 2005, c. 23, s. 42.

DIVISION XII.2 SUPERFICIAL LOSSES

1990, c. 59, s. 98.

175.7. Section 175.9 applies, subject to section 851.22.28, where

(a)  a taxpayer, in this section and section 175.9 referred to as the “transferor”, disposes of a particular property;

(b)  the disposition is not described in any of paragraphs a to e of section 238;

(c)  the transferor is not an insurer;

(d)  the ordinary business of the transferor includes the lending of money and the particular property was used or held in the course of that business;

(e)  the particular property is a share, or a loan, bond, debenture, note, hypothecary claim, mortgage, agreement of sale or any other indebtedness;

(f)  the particular property was, immediately before the disposition, not a capital property of the transferor;

(g)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires a property, in this section and section 175.9 referred to as the “substituted property”, that is, or is identical to, the particular property; and

(h)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

1990, c. 59, s. 98; 1996, c. 39, s. 53; 1997, c. 3, s. 71; 2000, c. 5, s. 45; 2005, c. 1, s. 68.

175.8. Section 175.9 also applies where

(a)  a person, in this section and section 175.9 referred to as the “transferor”, disposes of a particular property;

(b)  the particular property is described in an inventory of a business that is an adventure or concern in the nature of trade;

(c)  the disposition is not a disposition that is deemed to have occurred under any of sections 436, 440, 444, 450, 450.6, and 653, Chapter I of Title I.1 of Book VI, paragraph f of section 785.5, or section 832.1 or 999.1;

(d)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires property, in this section and section 175.9 referred to as the “substituted property”, that is, or is identical to, the particular property; and

(e)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

2000, c. 5, s. 46; 2004, c. 8, s. 33.

175.9. If this section applies because of section 175.7 or 175.8 in respect of a disposition of a particular property,

(a)  the transferor’s loss from the disposition is deemed to be nil; and

(b)  the transferor’s loss from the disposition, determined without reference to this section, is deemed to be a loss of the transferor from a disposition of the particular property at the first time, after the time of disposition,

i.  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period begins,

ii.  at which the substituted property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

iii.  that is immediately before control of the transferor is acquired by a person or group of persons, where the transferor is a corporation, or

iv.  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation.

For the purposes of subparagraph b of the first paragraph, where a partnership otherwise ceases to exist at any time after the time of disposition,

(a)  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs i to iv of subparagraph b; and

(b)  each person who was a member of the partnership immediately before the partnership would, but for this section, have ceased to exist is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs i to iv of subparagraph b.

2000, c. 5, s. 46; 2004, c. 8, s. 34.

175.10. For the purposes of sections 175.7 to 175.9, a right to acquire a property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a property that is identical to the property.

2000, c. 5, s. 46; 2005, c. 1, s. 69.

DIVISION XIII BORROWINGS

1972, c. 23.

176. Subject to section 176.1, a taxpayer may deduct such part of an amount, other than an amount referred to in the second paragraph, that is not otherwise deductible in computing the income of the taxpayer and that is an expense incurred by the taxpayer in the year or a preceding taxation year

(a)  in the course of a borrowing of money used by the taxpayer for the purpose of earning income from a business or property, other than money used by the taxpayer for the purpose of acquiring property the income from which is exempt from tax;

(b)  in the course of incurring indebtedness that is an amount payable for property acquired for the purpose of earning income therefrom or for the purpose of earning income from a business, other than property the income from which would be exempt from tax or property that is an interest in a life insurance policy; or

(c)  in the course of a rescheduling or restructuring of a debt obligation of the taxpayer or an assumption of a debt obligation by the taxpayer, where

(1)  the debt obligation is in respect of a borrowing described in paragraph a or in respect of an amount payable described in paragraph b, and

(2)  in the case of a rescheduling or restructuring, the rescheduling or restructuring, as the case may be, provides for the modification of the terms or conditions of the debt obligation or the substitution or conversion of the debt obligation with or to another debt obligation or a share.

The amount to which the first paragraph refers is

(a)  an amount paid or payable as or on account of the principal amount of a debt obligation or interest in respect of a debt obligation;

(b)  an amount that is contingent or dependent on the use of, or production from, property; or

(c)  an amount that is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation.

1972, c. 23, s. 163; 1980, c. 13, s. 12; 1990, c. 59, s. 99; 1995, c. 49, s. 53; 2001, c. 7, s. 28; 2003, c. 2, s. 61.

176.1. The amount deductible under section 176 shall not exceed the lesser of

(a)  that proportion of 20% of the expense that the number of days in the year is of 365, and

(b)  the amount by which the expense exceeds the aggregate of all amounts each of which is an amount deductible in respect of the expense in computing the taxpayer’s income for a preceding taxation year.

1990, c. 59, s. 100.

176.2. For the purposes of sections 176, 176.1 and 176.3, where in a taxation year all debt obligations in respect of a borrowing of money described in subparagraph a of the first paragraph of section 176 or in respect of an amount payable described in subparagraph b of that first paragraph are settled or extinguished by the taxpayer, otherwise than in a transaction made as part of a series of borrowings or other transactions and repayments, for consideration that does not include any property described in the second paragraph, of the taxpayer or any person with whom the taxpayer does not deal at arm’s length or any partnership or trust of which the taxpayer or any person with whom the taxpayer does not deal at arm’s length is a member or beneficiary, section 176.1 shall be read without reference to the words “the lesser of” and to paragraph a.

The property referred to in the first paragraph is a unit of a unit investment trust, an interest in a partnership, a share in a syndicate, a share in the capital stock of a corporation or a debt obligation.

1990, c. 59, s. 100; 1995, c. 49, s. 54; 1997, c. 3, s. 71.

176.3. For the purposes of sections 176 to 176.2, where a partnership has ceased to exist at any particular time in a fiscal period of the partnership,

(a)  no amount may be deducted by the partnership under section 176 in computing its income for that fiscal period, and

(b)  any person or partnership that was a member of the partnership immediately before that time may deduct, for a taxation year ending at or after that time, that proportion of the amount that would, but for this section, have been deductible under section 176 by the partnership in the fiscal period ending in the year had it continued to exist and had the partnership interest not been redeemed, acquired or cancelled, that the fair market value of such member’s interest in the partnership immediately before that time is of the fair market value of all the interests in the partnership immediately before that time.

1990, c. 59, s. 100; 1997, c. 3, s. 71.

176.4. A taxpayer may deduct an amount payable by him, other than an amount referred to in section 176.5, as a registrar fee, transfer agent fee, standby charge, guarantee fee, filing fee, service fee or any similar fee, that may reasonably be considered to relate solely to the year and that is incurred by the taxpayer

(a)  in the course of a borrowing of money to be used by the taxpayer for the purpose of earning income from a business or property, other than money used by the taxpayer for the purpose of acquiring property the income from which is exempt from tax;

(b)  in the course of incurring indebtedness that is an amount payable for property acquired for the purpose of earning income therefrom or for the purpose of earning income from a business, other than property the income from which is exempt from tax or property that is an interest in a life insurance policy; or

(c)  in the course of rescheduling or restructuring a debt obligation of the taxpayer or an assumption of a debt obligation by the taxpayer, where

(1)  the debt obligation is in respect of a borrowing described in paragraph a, or in respect of an amount payable described in paragraph b, and

(2)  in the case of a rescheduling or restructuring, the rescheduling or restructuring, as the case may be, provides for the modification of the terms or conditions of the debt obligation or the substitution or conversion of the debt obligation with or to another debt obligation or a share.

1990, c. 59, s. 100; 1995, c. 49, s. 55.

176.5. The amount to which section 176.4 refers is

(a)  a payment that is contingent or dependent upon the use of or production from property,

(b)  a payment that is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion, or

(c)  a payment that is computed by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation.

1990, c. 59, s. 100; 1997, c. 3, s. 71; 2003, c. 2, s. 62.

176.6. A taxpayer may deduct such portion of the lesser of the following amounts as may reasonably be considered to relate to the amount owing from time to time during the year by the taxpayer to a restricted financial institution under a borrowing from the institution:

(a)  the premium payable by the taxpayer under a life insurance policy, other than an annuity contract, in respect of the year, where

i.  an interest in the policy is assigned to the restricted financial institution in the course of the borrowing;

ii.  the interest payable in respect of the borrowing is or would, but for sections 135.4, 164, 180 to 182 and 194 to 197, be deductible in computing the taxpayer’s income for the year, and

iii.  the assignment referred to in subparagraph i is required by the restricted financial institution as collateral for the borrowing; and

(b)  the net cost of pure insurance in respect of the year, as determined in accordance with the regulations, in respect of the interest in the policy referred to in subparagraph i of paragraph a.

1993, c. 16, s. 92; 1995, c. 49, s. 56.

177. A taxpayer may deduct the part of any loan or indebtedness repaid by him in the year and which he included under section 113 in computing his income for a preceding taxation year, if it is established that the repayment was not made as part of a series of transactions and repayments.

This section applies only to the extent that the amount of the loan or indebtedness was not deductible for the purpose of computing the taxpayer’s taxable income for that preceding taxation year.

1972, c. 23, s. 164; 1973, c. 17, s. 15; 1984, c. 15, s. 45; 1985, c. 25, s. 37; 1994, c. 22, s. 115.

178. (Repealed).

1972, c. 23, s. 165; 1990, c. 59, s. 101.

179. (1)  A taxpayer may deduct an amount paid in the year to pay the principal amount of a bond, debenture, bill, hypothecary claim, mortgage or other similar obligation, but only if they have been issued by the taxpayer after 18 June 1971 and call for the payment of interest and only to the extent that the amount so paid does not exceed:

(a)  where such security has been issued for an amount not less than 97% of its principal amount, and its yield, expressed in yearly percentage on the amount for which it has been issued does not exceed 4/3 of the annual rate of interest stipulated, the amount according to which the lesser of the principal amount of such security and the aggregate of amounts paid in the year or in a previous year to repay its principal amount exceeds the amount for which it has been issued; and

(b)  in all other cases, the lesser of 1/2 of the amount so paid and 1/2 of the amount by which the lesser of the principal amount of the security and the aggregate of the amounts paid in the year or in any preceding taxation year in satisfaction of the principal amount thereof exceeds the amount for which it has been issued.

(2)  Sections 124 and 125 apply to this section.

1972, c. 23, s. 166; 1973, c. 17, s. 16; 1990, c. 59, s. 102; 1996, c. 39, s. 54; 2003, c. 2, s. 63; 2005, c. 1, s. 70.

180. A taxpayer who during a taxation year acquires depreciable property may elect, in his fiscal return filed under this Part for the year, to have the following rules apply:

(a)  in computing his income for the year and for such of the three immediately preceding taxation years as the taxpayer had, sections 160, 163, 176 and 176.4 do not apply to the amount specified in his election that, but for the election, would have been deductible in computing his income, other than exempt income, for any such year in respect of borrowed money used to acquire the depreciable property or the amount payable for the depreciable property;

(b)  the amount referred to in paragraph a shall be included in computing the capital cost to him of the depreciable property.

1972, c. 23, s. 167; 1982, c. 5, s. 48; 1984, c. 15, s. 46; 1986, c. 19, s. 34; 1993, c. 16, s. 93.

181. Where in a taxation year a taxpayer has used borrowed money for the purpose of exploration, development or the acquisition of property and the expenses incurred by the taxpayer in respect of those activities are Canadian exploration and development expenses, foreign exploration and development expenses, Canadian exploration expenses, Canadian development expenses, foreign resource expenses in relation to a country or Canadian oil and gas property expenses, as the case may be, the taxpayer may elect in the taxpayer’s fiscal return filed under this Part for the year, to have the following rules apply:

(a)  in computing the taxpayer’s income for the year and for such of the three immediately preceding taxation years as the taxpayer had, sections 160, 163, 176 and 176.4 do not apply to the amount specified in the taxpayer’s election that, but for that election, would be deductible in computing the taxpayer’s income, other than exempt income or income that is exempt from tax under this Part, for any such year in respect of the borrowed money used for the exploration, development or acquisition of property, as the case may be; and

(b)  the amount described in paragraph a is deemed to be Canadian exploration and development expenses, foreign exploration and development expenses, Canadian exploration expenses, Canadian development expenses, foreign resource expenses in relation to a country or Canadian oil and gas property expenses, as the case may be, incurred by the taxpayer in the year.

1972, c. 23, s. 168; 1975, c. 22, s. 23; 1977, c. 26, s. 19; 1982, c. 5, s. 48; 1986, c. 19, s. 34; 1993, c. 16, s. 94; 2004, c. 8, s. 35.

182. A taxpayer described in the second paragraph may elect, in the taxpayer’s fiscal return filed under this Part for a particular taxation year, to have rules similar to those provided by paragraphs a and b of section 180 or of section 181, as the case may be, apply for the purpose of computing the taxpayer’s income for the particular year in respect of an amount that, but for this section, would be deductible in computing the taxpayer’s income, other than exempt income or, if subparagraph iii of subparagraph a of the second paragraph applies to the taxpayer, income that is exempt from tax under this Part, for the particular year, in respect of the borrowed money or payable amount referred to in the second paragraph.

The first paragraph applies to a taxpayer who

(a)  in any taxation year preceding the particular year,

i.  made an election under section 180 in respect of borrowed money used to acquire depreciable property or the amount payable for the depreciable property;

ii.  was required under section 135.4 to include, in respect of the construction of depreciable property for the acquisition of which he borrowed money or for which an amount was payable by him, an amount in computing the cost to him of the depreciable property; or

iii.  made an election under section 181 in respect of borrowed money used for the exploration, development or acquisition of property; and

(b)  in each taxation year, if any, after the preceding taxation year referred to in subparagraph a and before the particular year, made an election under this section covering the total amount that, but for this section, would have been deductible in computing the taxpayer’s income, other than exempt income or, if subparagraph iii of subparagraph a applies to the taxpayer, income that is exempt from tax under this Part, for each such year in respect of the borrowed money used to acquire the depreciable property, the amount payable for the depreciable property or the borrowed money used for the exploration, development or acquisition of property.

1972, c. 23, s. 169; 1984, c. 15, s. 47; 1986, c. 19, s. 34; 2004, c. 8, s. 36.

183. Subject to section 175.2.7, borrowed money used by a taxpayer to repay money previously borrowed or to pay an amount payable for property referred to in paragraph b of section 160 or 161 and previously acquired (which previously borrowed money or amount payable in respect of previously acquired property is, in this section, referred to as the “previous indebtedness”) is deemed, for the purposes of this division and sections 160, 161, 175.2.2 and 175.2.3, to be used for the purposes for which the previous indebtedness was used or incurred, or was deemed, under this section, to have been used or incurred.

1972, c. 23, s. 170; 1990, c. 59, s. 103; 1995, c. 49, s. 57; 2010, c. 5, s. 23.

CHAPTER IV CEASING TO CARRY ON BUSINESS

1972, c. 23.

184. If the sale of all or substantially all the property of a business includes debts that have been or will be included in computing the vendor’s income for a previous year or for the taxation year or debts arising from loans made in the ordinary course of the business if part of the vendor’s ordinary business has been the lending of money, the purchaser proposes to continue to carry on the business, and the vendor and the purchaser make a valid election under subsection 1 of section 22 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the sale, the following rules apply:

(a)  the vendor may deduct and the buyer must include, in computing their income for the taxation year, an amount equal to the excess of the face value of the debts so sold, other than debts in respect of which a deduction has already been made under section 141 by the vendor over the consideration paid by the purchaser for such debts;

(b)  for the purposes of sections 140 and 141, the debts so sold are deemed to have been included in computing the income of the purchaser for the taxation year or a previous year, but the latter shall not make any deduction under section 141 respecting a debt in respect of which the vendor has previously made a deduction;

(c)  for the purposes of paragraph i of section 87 the purchaser is deemed to have himself deducted the amount deducted by the vendor under section 141 in computing his income for a previous year in respect of any of the debts sold.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 22 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 171; 1974, c. 18, s. 10; 1994, c. 22, s. 116; 2009, c. 5, s. 65.

185. Subject to section 422, a declaration made by the vendor and the purchaser, in respect of the amount paid for the debts assigned, under this section, as it read before 20 December 2006, or, in the case of a valid election made under subsection 1 of section 22 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006, under subsection 2 of section 22 of that Act, is binding on the parties as against the Minister to the extent that it may be relevant in respect of any matter arising under this Part.

1972, c. 23, s. 172; 1975, c. 22, s. 24; 2009, c. 5, s. 66.

186. When a taxpayer ceases to carry on a business or sells all or part of it and thereupon or subsequently sells any property included in the inventory of such business, he is deemed to have sold such property in the course of carrying on the business.

1972, c. 23, s. 173.

187. For the purposes of section 186, any property that would have been included in the inventory of a business if the income from it had not been computed in accordance with the method authorized by section 194 or 215 is deemed to have been so included.

1972, c. 23, s. 176; 1975, c. 22, s. 26; 1986, c. 19, s. 35.

188. Notwithstanding section 129, where at any time after a taxpayer has ceased to carry on a business, the taxpayer no longer owns any property that was incorporeal capital property in respect of the business and that has value, the following rules apply in computing the taxpayer’s income for taxation years ending after that time:

(a)  there shall be deducted the taxpayer’s eligible incorporeal capital amount in respect of the business at that time for the first such taxation year;

(b)  no amount is deductible by reason of paragraph b of section 130 in respect of the business;

(c)  for the purposes of subparagraph i of subparagraph a of the second paragraph of section 107, the amount deducted by the taxpayer by reason of paragraph a is deemed to be an amount deducted under paragraph b of section 130 in computing the taxpayer’s income from the business for the taxation year that includes that time; and

(d)  for the purposes of section 105, Division III of Chapter II of this Title shall be read without reference to section 110.

1972, c. 23, s. 177; 1993, c. 16, s. 95; 2003, c. 2, s. 64; 2005, c. 1, s. 71.

189. Where at any time an individual has ceased to carry on a business and thereafter the individual’s spouse, or a corporation controlled directly or indirectly in any manner whatever by the individual, carries on the business and acquires all of the property that was incorporeal capital property in respect of the business owned by the individual before that time and that had value at that time, the following rules apply:

(a)  in computing the individual’s income for the individual’s first taxation year ending after that time, section 188 shall read without reference to paragraph a thereof and the reference in paragraph c thereof to “the amount deducted by the taxpayer by reason of paragraph a” shall read as a reference to “an amount equal to the taxpayer’s eligible incorporeal capital amount in respect of the business immediately before that time”;

(b)  in computing the eligible incorporeal capital amount of the spouse or the corporation in respect of the business, the spouse or corporation is deemed to have acquired an incorporeal capital property and to have disbursed an incorporeal capital amount at that time at a cost equal to 4/3 of the aggregate of the individual’s eligible incorporeal capital amount in respect of the business immediately before that time and the amount determined under subparagraph a of the second paragraph of section 107 in respect of the business of the individual at that time;

(c)  for the purpose of computing the eligible incorporeal capital amount in respect of the business of the spouse or corporation after that time, an amount equal to the amount determined under subparagraph a of the second paragraph of section 107 in respect of the business of the individual at that time shall be added to the amount otherwise determined under subparagraph i of that subparagraph a; and

(d)  for the purpose of computing after that time, in respect of any subsequent disposition of property of the business, the amount to be included under paragraph b of section 105 in computing the income of the spouse or corporation, an amount equal to the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 in respect of the business of the individual immediately before the individual ceases carrying on business shall be added to the amount otherwise determined under that subparagraph ii.

1972, c. 23, s. 178; 1990, c. 59, s. 104; 1993, c. 16, s. 96; 1994, c. 22, s. 117; 1996, c. 39, s. 55; 1997, c. 3, s. 71; 2003, c. 2, s. 65; 2005, c. 1, s. 72.

189.0.1. Notwithstanding section 188, where at any time a partnership is dissolved in circumstances to which Divisions II and III of Chapter IV of Title XI do not apply, a taxpayer who was a member of the partnership immediately before that time may deduct, in computing his income for his first taxation year beginning after that time, an amount determined by the formula

A × (B / C).

For the purposes of the formula in the first paragraph,

(a)  A is the amount that would, had the partnership not been dissolved, have been deductible under section 188 in computing its income;

(b)  B is the fair market value of the taxpayer’s interest in the partnership immediately before that time;

(c)  C is the fair market value of all of the interests in the partnership immediately before that time.

1994, c. 22, s. 118; 1997, c. 3, s. 71.

189.1. (Repealed).

1986, c. 15, s. 52; 1986, c. 19, s. 36; 1997, c. 31, s. 23.

190. If an individual who was the sole proprietor of a business disposed of it during a fiscal period of the business, the fiscal period is referred to in the third or fourth paragraph of section 7 and the individual makes a valid election under subsection 1 of section 25 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the fiscal period, Division II of Chapter II is to be read without reference to the exception provided for in paragraph a of section 95 and sections 188 and 189 are to be read without reference to paragraph d of section 188, for the purpose of computing the individual’s income for the fiscal period.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 25 of the Income Tax Act.

1972, c. 23, s. 179; 1984, c. 15, s. 48; 1986, c. 19, s. 37; 1997, c. 31, s. 24; 2009, c. 5, s. 67.

CHAPTER V SPECIAL CASES

1972, c. 23.

DIVISION I BANKS

1972, c. 23.

191. (Repealed).

1972, c. 23, s. 180; 1982, c. 5, s. 49; 1989, c. 77, s. 21; 1990, c. 59, s. 105; 1997, c. 31, s. 25.

191.1. A bank shall include in computing its income for its first taxation year that commences after 17 June 1987 and ends after 31 December 1987, referred to in sections 191.2 and 191.3 as the “first year”, the aggregate of

(a)  all the specific provisions of the bank at the end of its preceding taxation year, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules,

(b)  all general provisions of the bank at the end of its preceding taxation year, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules,

(c)  the amount by which

i.  the amount of the special provision for losses on transborder claims of the bank, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules, that was deductible under section 191 in computing its income for its preceding taxation year, exceeds

ii.  that part of the amount determined under subparagraph i that was a realized loss of the bank for its preceding taxation year, and

(d)  the amount of the tax allowable appropriations account of the bank at the end of its preceding taxation year, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules.

1990, c. 59, s. 106.

191.2. A bank may deduct in computing its income for a taxation year an amount not exceeding the aggregate of

(a)  that part, that is specified by the bank for the year and was not deducted by the bank in computing its income for any preceding taxation year, of the aggregate of the amounts of the five-year average loan loss experiences of the bank, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules, for all taxation years before its first year,

(b)  that part, that is specified by the bank for the year and was not deducted by the bank in computing its income for any preceding taxation year, of the aggregate of the amounts transferred by the bank to its tax allowable appropriations account, as permitted under the Minister’s rules, for all taxation years before its first year,

(c)  that part, that is specified by the bank for the year and was not deducted by the bank in computing its income for any preceding taxation year, of the amount by which

i.  the amount of the special provision for losses on transborder claims, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules, that was deductible by the bank under section 191 in computing its income for its last taxation year before its first year, exceeds

ii.  that part of the amount determined under subparagraph i that was a realized loss of the bank for its last taxation year before its first year,

(d)  where the tax allowable appropriations account of the bank at the end of its last taxation year before its first year, as determined, or as would have been determined if such a determination had been required, under the Minister’s rules, is a negative amount, that part of such amount expressed as a positive number that is specified by the bank for the year and was not deducted by the bank in computing its income for any preceding taxation year, and

(e)  that part, that is specified by the bank for the year and was not deducted by the bank in computing its income for any preceding taxation year, of the aggregate of the amounts calculated in respect of the bank for the purposes of the Minister’s rules, or that would have been calculated if such a calculation had been required, under Procedure 8 of the Procedures for the Determination of the Provision for Loan Losses as set out in Appendix 1 of those rules, for all taxation years before its first year.

1990, c. 59, s. 106; 1995, c. 63, s. 32.

191.3. For the purposes of computing the income of a bank, the following rules apply:

(a)  for the purposes of paragraph i of section 87 and section 92.22, any amount that was recorded by the bank as a realized loss or a write-off of an asset and that was included by the bank in the calculation of an amount deductible under the Minister’s rules, or would have been included therein if such a calculation had been required, for any taxation year before its first year is deemed to have been deducted under section 141 in computing its income for the year for which it was so recorded;

(b)  for the purposes of section 92.22, any amount that was recorded by the bank as a recovery of a realized loss or a write-off of an asset and that was included by the bank in the calculation of an amount deductible under the Minister’s rules, or would have been included if such a calculation had been required, for any taxation year before its first year is deemed to have been included under paragraph i of section 87 in computing its income for the year for which it was so recorded.

1990, c. 59, s. 106.

191.4. In this division, “Minister’s rules” means the “Rules for the Determination of the Appropriations for Contingencies of a Bank” issued under the authority of the Minister of Finance of Canada pursuant to section 308 of the Bank Act (Revised Statutes of Canada, 1985, chapter B-1), as it read before its repeal, for the purposes of subsections 1 and 2 of section 26 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 59, s. 106; 1997, c. 31, s. 26.

DIVISION II STATE AND FEDERAL CROWN BODIES

1972, c. 23; 1997, c. 3, s. 22; 1998, c. 16, s. 100.

192. This Part, except section 985, applies to a State body or a federal Crown body, unless otherwise provided by the regulations.

Notwithstanding any other provision of this Part, a prescribed body and any corporation controlled by it are deemed not to be private corporations.

1972, c. 23, s. 181; 1977, c. 5, s. 14; 1980, c. 13, s. 13; 1987, c. 21, s. 14; 1997, c. 3, s. 22; 1998, c. 16, s. 101; 2000, c. 5, s. 47.

192.1. For the purposes of this Part,

(a)  any income or loss of a State body or a federal Crown body from a business carried on, respectively, by the State body or the Crown body as a mandatary of the State or of Her Majesty, as the case may be, or from a property of the State or of Her Majesty administered, respectively, by the State body or the federal Crown body shall be treated as if it were an income or loss of the State body or federal Crown body from the business or the property, as the case may be; and

(b)  any property, obligation or debt of any kind whatever held, administered, entered into or incurred, as the case may be, by a State body or a federal Crown body as a mandatary of the State or of Her Majesty, as the case may be, shall be treated as if it were a property, obligation or debt, as the case may be, of the State body or federal Crown body.

2000, c. 5, s. 48.

193. Where land of Her Majesty has been transferred, for purposes of disposition, to a body that is a prescribed body for the purposes of the second paragraph of section 192, the acquisition of the property by the body and any disposition thereof are deemed not to have been in the course of the business carried on by the body.

1972, c. 23, s. 182; 1997, c. 3, s. 22; 1998, c. 16, s. 102; 2000, c. 5, s. 49.

DIVISION III FARMING BUSINESSES

1972, c. 23.

194. A taxpayer shall compute income from a farming business or fishing business for a taxation year in accordance with the cash method, by which the income from the business is deemed to be equal to the aggregate determined in the second paragraph minus the aggregate determined in the third paragraph, if the taxpayer makes, in relation to the year, a valid election under subsection 1 of section 28 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 of the method provided for in that subsection 1 for computing the taxpayer’s income from a farming business or fishing business.

The first aggregate referred to in the first paragraph in respect of a farming business or fishing business for a taxation year is equal to the total of the following amounts:

(a)  all amounts received in the year or deemed by this Part to have been received in the year, in the course of carrying on the business described in the first paragraph, in payment of or on account of an amount that would be included in computing income from the business for that or any other taxation year if that income were not computed in accordance with this cash method;

(b)  in respect of a farming business, the amount specified by the taxpayer in respect of the business in his fiscal return filed under this Part for the year, not exceeding the amount by which the fair market value, at the end of the year, of inventory owned by him at that time in connection with the business exceeds the amount determined under subparagraph c for the year;

(c)  in respect of a farming business, the amount equal to the lesser of

i.  the taxpayer’s loss from the business for the year, computed without reference to this subparagraph and to subparagraph b, and

ii.  the value of inventory purchased by the taxpayer and owned by him in connection with the business at the end of the year;

(d)  the aggregate of all amounts each of which is an amount included in computing the taxpayer’s income for the year from the business because of section 94, 105 or 485.13, the second paragraph of section 487 or section 487.0.3.

The second aggregate referred to in the first paragraph in respect of a farming business or fishing business for a taxation year is equal to the total of the following amounts:

(a)  all amounts, other than an amount described in section 198, that were paid in the year, or are deemed by this Part to have been paid in the year, in the course of carrying on the business,

i.  in the case of amounts paid, or deemed by this Part to have been paid, for the inventory relating to the business, in payment of or on account of an amount that would be deductible in computing the income from the business for the year or any other taxation year if that income were not computed in accordance with this cash method, and

ii.  in any other case, in payment of or on account of an amount that would be deductible in computing the income from the business for a preceding taxation year, the year or the following taxation year if that income were not computed in accordance with this cash method;

(a.1)  all amounts, other than an amount described in section 198, that would be deductible in computing the income from the business for the year if that income were not computed in accordance with this cash method, that are not deductible in computing the income from the business for any other taxation year, and that were paid in a preceding taxation year in the course of carrying on the business;

(b)  the aggregate of all amounts each of which is an amount included under subparagraph b or c of the second paragraph in computing the taxpayer’s income from the business for the preceding taxation year;

(c)  the aggregate of all amounts each of which is an amount deducted for the year under paragraph a or b of section 130, section 130.1, paragraph t of section 157, section 188 or 198, the first paragraph of section 487 or section 487.0.2 in respect of the business.

If a farming business or fishing business is carried on by several persons, an election referred to in the first paragraph is not valid for any of those persons in respect of the business unless each of them makes such an election in respect of the business.

Subparagraphs b and c of the second paragraph do not apply in computing the income of the taxpayer for the taxation year in which he died.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 28 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 183; 1973, c. 17, s. 17; 1982, c. 5, s. 50; 1990, c. 59, s. 107; 1991, c. 25, s. 56; 1993, c. 16, s. 97; 1996, c. 39, s. 56; 2000, c. 5, s. 50; 2001, c. 7, s. 29; 2009, c. 5, s. 68.

194.0.1. For the purposes of sections 194 to 197, where at any time a taxpayer has, in circumstances where section 422 applies by reason of the application of paragraph a or b thereof, acquired inventory in connection with a farming business the income from which is computed in accordance with the cash method,

(a)  the taxpayer is deemed to have purchased the inventory at the time it was so acquired,

(b)  the taxpayer is deemed to have paid at that time, in the course of carrying on that business, an amount equal to the cost to him of the inventory, and

(c)  the amount referred to in paragraph b is deemed to be the only amount paid for the inventory by the taxpayer.

1993, c. 16, s. 98.

194.1. (Repealed).

1990, c. 59, s. 108; 1993, c. 16, s. 99.

194.2. For the purposes of subparagraph c of the second paragraph of section 194 and notwithstanding sections 83 to 85.6, inventory of a taxpayer in connection with a farming business shall be valued at any time at the lesser of the amount paid by the taxpayer at or before that time to acquire it, in this section and in section 194 referred to as the “cash cost”, and its fair market value.

Notwithstanding the first paragraph, an animal, in this section and in section 194 referred to as a “specified animal”, that is a horse or, where the taxpayer so elects in respect thereof for the taxation year that includes the time referred to in the first paragraph or for any preceding taxation year, is a bovine animal registered under the Animal Pedigree Act (Revised Statutes of Canada, 1985, chapter 8, 4th Supplement) shall be valued

(a)  at any time in the taxation year in which the specified animal is acquired, at such amount as is designated by the taxpayer not exceeding its cash cost and not less than 70% of that cost;

(b)  at any time in any subsequent taxation year, at such amount as is designated by the taxpayer not exceeding its cash cost and not less than 70% of the aggregate of its value determined under this section at the end of the preceding taxation year, and the total amount paid on account of the purchase price of the animal during the year.

1990, c. 59, s. 108; 1993, c. 16, s. 100.

194.3. For each taxation year that is less than 51 weeks, the references to “70” in subparagraphs a and b of the second paragraph of section 194.2 shall read as references to the number determined by the formula

100 − (30 × A / 365).

For the purposes of the formula set forth in the first paragraph, A is the number of days in the taxation year referred to therein.

1990, c. 59, s. 108.

195. If a taxpayer has used, for a taxation year, in respect of a farming business or fishing business, the cash method provided for in section 194 because of an election referred to in the first paragraph of that section made in relation to the year, the income from the business for a subsequent taxation year must be computed in accordance with the same method, subject to the other provisions of this Part, unless the taxpayer makes a valid election under subsection 3 of section 28 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 of a method other than the method provided for in subsection 1 of section 28 of that Act, in which case that income must instead be computed in accordance with that other method.

Any condition determined by the Minister of National Revenue for the election referred to in the first paragraph made under subsection 3 of section 28 of the Income Tax Act applies, with the necessary modifications, in computing the income from the farming business or fishing business.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 3 of section 28 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 184; 2009, c. 5, s. 69.

196. Notwithstanding sections 194 and 197, where at the end of a taxation year a taxpayer who carried on a business the income from which was computed in accordance with the cash method is not resident in Canada and does not carry on that business in Canada, an amount equal to the aggregate of all amounts each of which is the fair market value of an amount outstanding in the year on account of a debt owing to the taxpayer that resulted from the carrying on of the business and that would have been included in computing the taxpayer’s income for the year if the amount had been received by the taxpayer during the year, shall, to the extent that the amount was not otherwise included in computing the taxpayer’s income for the year or a preceding taxation year, be included in computing the taxpayer’s income from the business for the year or, if the taxpayer was resident in Canada at any time in the year, for the part of the year throughout which the taxpayer was resident in Canada.

1972, c. 23, s. 185; 1974, c. 18, s. 11; 1993, c. 16, s. 101; 2004, c. 8, s. 37.

196.1. (Repealed).

1993, c. 16, s. 102; 2004, c. 8, s. 38.

197. A taxpayer shall include in computing his income for a taxation year an amount he receives as payment for debts that resulted from carrying on the business, to the extent that they would have been included in computing his income if he had been paid for them while he was still carrying on the business.

1972, c. 23, s. 186.

198. A taxpayer may deduct in computing his income from a farming business for a taxation year any amount paid by him before the end of the year for clearing land, levelling land or installing a land drainage system for the purposes of the business, to the extent that such amount has not been deducted in computing his income for a preceding taxation year.

1972, c. 23, s. 187; 1990, c. 59, s. 109.

DIVISION IV BASIC HERD

1972, c. 23.

199. The rules set out in this division apply if a taxpayer who has a basic herd of a particular class of animals and disposes of an animal of that class in carrying on a farming business in a taxation year makes, in relation to that year, a valid election under subsection 1 of section 29 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to that business.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 29 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 188; 2009, c. 5, s. 70.

200. In the case of a disposition referred to in the first paragraph of section 199 of an animal of a class, the taxpayer shall deduct

(a)  in counting the taxpayer’s basic herd of that class at the end of the year, the least of the number the taxpayer designates in relation to the basic herd, under paragraph a of subsection 1 of section 29 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), in the election referred to in the first paragraph of section 199, the taxpayer’s basic herd of that class of animals at the end of the preceding taxation year, the number of animals of that class disposed of by the taxpayer in the year, and one-tenth of the taxpayer’s basic herd of that class on 31 December 1971; and

(b)  in computing his income from the farming business for the taxation year, the product obtained by multiplying the number determined under paragraph a by the quotient obtained when the fair market value on 31 December 1971 of such animals of that class is divided by the number of such animals of that class on that day.

1972, c. 23, s. 189; 2009, c. 5, s. 71.

201. Where the basic herd of a class at the end of the year preceding the taxation year minus the deduction required at the end of the year under paragraph a of section 200 exceeds the number of animals of that class owned by the taxpayer at the end of the year, he shall deduct:

(a)  in computing his basic herd of that class at the end of the year, the number of animals comprising the excess, and

(b)  in computing his income from the farming business for the taxation year, the product obtained by multiplying the number of animals determined under paragraph a by the quotient obtained when the fair market value of the animals of that class on 31 December 1971 is divided by the number of the animals of that class on the same day.

1972, c. 23, s. 190.

202. In this division:

(a)  a taxpayer’s “basic herd” of any class of animals at a particular time means such number of the animals of that class that he had on hand at the end of his 1971 taxation year as were, for the purpose of assessing his tax for that year, accepted by the Minister, on an application by the taxpayer, to be capital properties minus the number of animals required under this division to be deducted in computing his basic herd of that class at the end of the taxation years before the particular time;

(b)  “class of animals” means animals of one of the following species: cattle, horses, sheep or swine, if they are:

i.  purebred animals of that species for which a certificate of registration has been issued by a person recognized by the breeders in Canada of purebred animals of that species to be the registrar of the breed to which such animals belong, or issued by the Registrar of the Canadian National Livestock Records, or

ii.  animals of that species other than purebred animals described in subparagraph i.

1972, c. 23, s. 191; 1973, c. 17, s. 18; 1997, c. 14, s. 290.

203. Each group of animals contemplated in subparagraphs i and ii of paragraph b of section 202 is deemed to be of a separate class, unless the number of animals of the same species described in one of those subparagraphs is not greater than 10 per cent of the total number of the animals of that species. In this case, all such animals together are deemed to be of a single class.

1972, c. 23, s. 192.

204. In determining the number of animals of any class on hand at any time, the taxpayer shall include neither an animal acquired for a feeder operation, nor animals of the same class whose age is less than two years for cattle, three years for horses or one year for sheep or swine; in the case of an animal whose age is less than such ages two of such animals of the same class shall be counted as one.

1972, c. 23, s. 193.

DIVISION V CERTAIN FARMING LOSSES

1972, c. 23.

205. Where a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and another source of income, the loss from all his farming businesses carried on by him is deemed to be the aggregate of:

(a)  the lesser of:

i.  the amount by which the aggregate of his losses, determined without taking into account this division and before any deduction under sections 222 to 230, from all farming businesses carried on by him during the year exceeds the aggregate of his income, so determined, of the same nature for the same year; and

ii.  $2,500 plus the lesser of $6,250 and one-half of the amount by which the amount determined under subparagraph i exceeds $2,500; and

(b)  the amount by which the amount that would be computed under subparagraph i of paragraph a, if the expression “and before any deduction under sections 222 to 230” was not taken into account, exceeds the amount computed under that subparagraph.

1972, c. 23, s. 194; 1973, c. 17, s. 19; 1980, c. 13, s. 14; 1990, c. 59, s. 110; 2000, c. 5, s. 51.

206. For the purposes of this division, the Minister may determine that a taxpayer’s chief source of income for a taxation year is neither farming nor a combination of farming and some other source of income.

1972, c. 23, s. 195.

207. For the purposes of this Part, a taxpayer’s restricted farm loss for a taxation year is the amount by which the amount determined under subparagraph i of paragraph a of section 205 in respect of the taxpayer for the year exceeds the aggregate of the amount determined under subparagraph ii of that paragraph a in respect of the taxpayer for the year and all amounts each of which is an amount by which the taxpayer’s restricted farm loss for the year is required to be reduced because of sections 485 to 485.18.

1972, c. 23, s. 196; 1973, c. 17, s. 20; 1996, c. 39, s. 57.

DIVISION VI INSURANCE AGENTS AND BROKERS

1972, c. 23; 1989, c. 48, s. 257.

208. In computing the income of a taxpayer from the taxpayer’s business as an insurance agent or broker, there may be deducted, as a reserve in respect of unearned commissions from that business, only an amount equal to the lesser of

(a)  the aggregate of all amounts each of which is that proportion of an amount that has been included in computing the taxpayer’s income for the year or a previous year as a commission in respect of an insurance contract other than a life insurance contract, that the number of days in the period provided for in the insurance contract that fall after the end of the taxation year is of the total number of days in that period, and

(b)  the aggregate of all amounts each of which is the amount that would, but for this section, be deductible under section 150 for the year in respect of a commission referred to in paragraph a.

1972, c. 23, s. 197; 1989, c. 48, s. 257; 1993, c. 16, s. 103; 1994, c. 22, s. 119.

209. An insurance agent or broker shall include in computing his income from his business every amount deducted under section 208 for the preceding taxation year.

1972, c. 23, s. 198; 1989, c. 48, s. 257.

209.0.1. In computing the income of a taxpayer for a taxation year ending after 31 December 1990 from a business carried on by the taxpayer throughout the year as an insurance agent or broker, there may be deducted as an additional reserve in respect of unearned commissions an amount not exceeding

(a)  where the year ends in 1991, 90%,

(b)  where the year ends in 1992, 80%,

(c)  where the year ends in 1993, 70%,

(d)  where the year ends in 1994, 60%,

(e)  where the year ends in 1995, 50%,

(f)  where the year ends in 1996, 40%,

(g)  where the year ends in 1997, 30%,

(h)  where the year ends in 1998, 20%,

(i)  where the year ends in 1999, 10%, and

(j)  where the year ends after 31 December 1999, 0%

of the amount by which the reserve that was deducted by the taxpayer under section 208 for the taxpayer’s last taxation year ending before 1 January 1991 exceeds the amount deductible by the taxpayer under section 208 for the taxpayer’s first taxation year ending after 31 December 1990.

For the purposes of section 209, any amount deducted by the taxpayer under the first paragraph for a taxation year is deemed to have been deducted for that year pursuant to section 208.

1993, c. 16, s. 104; 1994, c. 22, s. 120.

DIVISION VI.1 EMPLOYEE BENEFIT PLANS

1982, c. 5, s. 51.

209.1. A taxpayer who makes contributions to an employee benefit plan in respect of his employees or former employees may deduct, in computing his income for a taxation year, the amount allocated to him for the year under section 209.3 by the custodian of the plan that does not, however, exceed the amount by which the aggregate of all contributions made by him to the plan for the year or a preceding year exceeds the aggregate of all amounts deducted by him, in respect of the plan, in computing his income for a preceding year and all amounts received by him in the year or a preceding year as a return of his contributions to the plan.

1982, c. 5, s. 51; 1991, c. 25, s. 176.

209.2. A taxpayer contemplated in section 209.1 may also deduct, where at the end of the year all of the obligations of the plan to his employees and former employees have been satisfied and no property of the plan will thereafter be paid or otherwise be available for the benefit of the taxpayer, the amount equal to the amount by which the aggregate of the contributions paid by him to the plan for the year or a preceding year exceeds the aggregate of all amounts deducted by him in respect of the plan in computing his income for a preceding year or, under section 209.1, for the year, and all amounts received by him in the year or a preceding year as a return of his contributions to the plan.

1982, c. 5, s. 51; 1991, c. 25, s. 176.

209.3. The custodian of an employee benefit plan shall each year allocate to persons who have made contributions to the plan in respect of their employees or former employees the amount by which the aggregate of all payments made in the year out of or under the plan to or for the benefit of their employees or former employees, other than the portion thereof that, by virtue of section 47.2, is not required to be included by the taxpayer in computing the taxpayer’s income and that is a return of amounts paid by the taxpayer or a deceased employee of whom the taxpayer is a legatee by particular title or legal representative, and all payments made in the year out of or under the plan to the legatees by particular title or the legal representatives of their employees or former employees, exceeds the income of the plan for the year.

1982, c. 5, s. 51; 1984, c. 15, s. 49; 1991, c. 25, s. 176; 2000, c. 5, s. 52.

209.4. For the purposes of section 209.3, the income of an employee benefit plan for a year is the aggregate of all amounts each of which is the amount by which a payment under the plan by the custodian thereof in the year exceeds, in the case of an annuity, that part of the payment determined in prescribed manner to have been a return of capital and, in any other case, that part of the payment that could, but for sections 47.1 and 47.2, reasonably be regarded as being a payment of a capital nature.

Notwithstanding the first paragraph, in the case of a plan that is a trust, the income of the plan for a year is the amount that would be its income for the year but for sections 652, 653 to 657.3, 659 to 660.2, 663 to 663.2, 664, 666 to 668.3, 671 to 671.4 and 680 to 682.

1982, c. 5, s. 51; 1996, c. 39, s. 58; 2004, c. 21, s. 66; 2009, c. 5, s. 72.

DIVISION VII

Repealed, 1990, c. 59, s. 111.

1990, c. 59, s. 111.

210. (Repealed).

1972, c. 23, s. 199; 1975, c. 22, s. 27; 1989, c. 77, s. 22; 1990, c. 59, s. 111.

211. (Repealed).

1972, c. 23, s. 200; 1975, c. 22, s. 28; 1990, c. 59, s. 111.

212. (Repealed).

1975, c. 22, s. 29; 1990, c. 59, s. 111.

213. (Repealed).

1972, c. 23, s. 201; 1975, c. 22, s. 30; 1990, c. 59, s. 111.

214. (Repealed).

1972, c. 23, s. 202; 1975, c. 22, s. 31; 1990, c. 59, s. 111.

DIVISION VIII PROFESSIONALS

1972, c. 23.

215. For the purpose of computing the income of a taxpayer for a taxation year from a business that is the professional practice of an accountant, dentist, advocate, physician, veterinarian or chiropractor, no amount is to be included in respect of work in progress at the end of the year if the taxpayer makes, in relation to the year, a valid election under paragraph a of section 34 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the business.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph a of section 34 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 203; 1973, c. 17, s. 21; 1984, c. 15, s. 50; 1986, c. 19, s. 38; 1997, c. 14, s. 50; 2009, c. 5, s. 73.

216. If a taxpayer has not, in respect of a business, included any amount in respect of work in progress at the end of a taxation year because of an election referred to in the first paragraph of section 215 made in relation to the year, the taxpayer shall apply that paragraph for the purpose of computing the taxpayer’s income from the business for subsequent taxation years, unless the taxation year is a year in relation to which a revocation, made by the taxpayer under paragraph b of section 34 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006, of an election made under paragraph a of section 34 of that Act in respect of the business, is valid.

Any condition determined by the Minister of National Revenue for the revocation referred to in the first paragraph applies, with the necessary modifications, in computing the income from the business.

Chapter V.2 of Title II of Book I applies in relation to a revocation made under paragraph b of section 34 of the Income Tax Act or in relation to a revocation made under this section before 20 December 2006.

1972, c. 23, s. 204; 1986, c. 19, s. 38; 2009, c. 5, s. 73.

217. (Repealed).

1972, c. 23, s. 205; 1986, c. 19, s. 39.

217.1. (Repealed).

1984, c. 15, s. 51; 1986, c. 19, s. 39.

DIVISION VIII.1 ADDITIONAL BUSINESS INCOME

1997, c. 31, s. 27.

217.2. If an individual, other than a testamentary trust, carries on a business in a taxation year, a particular fiscal period of the business begins in the year and ends after the end of the year, and the individual has made an election referred to in the first paragraph of section 7.0.3 in respect of the business, where the particular fiscal period is a fiscal period referred to in the second paragraph of section 7, or has made an election under subsection 4 of section 249.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the business, where the particular fiscal period is a fiscal period referred to in the third or fourth paragraph of section 7, the individual shall, if the election has not been revoked, include, in computing the individual’s income for the year from the business, the amount determined by the formula

(A - B) × (C / D).

For the purposes of the formula in the first paragraph,

(a)  A is the total of the individual’s income from the business for the fiscal periods of the business that end in the year;

(b)  B is the lesser of

i.  the aggregate of all amounts each of which is an amount included in the total determined under subparagraph a in respect of the business and that is deemed to be a taxable capital gain for the purposes of Title VI.5 of Book IV, and

ii.  the aggregate of all amounts deducted under the said Title VI.5 in computing the individual’s taxable income for the year;

(c)  C is the number of days on which the individual carries on the business that are both in the year and in the particular fiscal period; and

(d)  D is the number of days on which the individual carries on the business that are in fiscal periods of the business that end in the year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4 of section 249.1 of the Income Tax Act in relation to a fiscal period referred to in the third or fourth paragraph of section 7.

1997, c. 31, s. 27; 2009, c. 5, s. 74.

217.3. If an individual, other than a testamentary trust, begins carrying on a business in a taxation year but not earlier than the beginning of the first fiscal period of the business that begins in the year and ends after the end of the year (in this section referred to as the “particular fiscal period”) and the individual has made an election referred to in the first paragraph of section 7.0.3 in respect of the business, where the particular fiscal period is a fiscal period referred to in the second paragraph of section 7, or has made an election under subsection 4 of section 249.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the business, where the particular fiscal period is a fiscal period referred to in the third or fourth paragraph of section 7, the individual shall, if the election has not been revoked, include, in computing the individual’s income for the year from the business, the lesser of

(a)  the amount designated in the individual’s fiscal return under this Part for the year; and

(b)  the amount determined by the formula

(A - B) × (C / D).

For the purposes of the formula in subparagraph b of the first paragraph,

(a)  A is the individual’s income from the business for the particular fiscal period;

(b)  B is the lesser of

i.  the aggregate of all amounts each of which is an amount included in the amount determined under subparagraph a in respect of the business and that is deemed to be a taxable capital gain for the purposes of Title VI.5 of Book IV, and

ii.  the aggregate of all amounts deducted under the said Title VI.5 in computing the individual’s taxable income for the individual’s taxation year that includes the end of the particular fiscal period;

(c)  C is the number of days on which the individual carries on the business that are both in the year and in the particular fiscal period; and

(d)  D is the number of days on which the individual carries on the business that are in the particular fiscal period.

1997, c. 31, s. 27; 2009, c. 5, s. 75.

217.4. An individual shall deduct in computing the individual’s income for a taxation year from a business the amount included under section 217.2 or 217.3 in computing the individual’s income for the preceding taxation year from the business.

1997, c. 31, s. 27.

217.5. For the purposes of Division VIII.2, where at the end of the year 1994 an individual carried on a particular business no fiscal period of which ended at that time, and an amount is included under section 217.2 in computing the individual’s income for the individual’s taxation year 1995 in respect of the particular business or another business that would, if section 217.12 applied for the purposes of this section, be included in the particular business, the individual’s income on 31 December 1995 in respect of the particular business or the other business, as the case may be, is deemed, subject to section 217.8, to be equal to the amount that would have been included in computing the individual’s income under section 217.2 if

(a)  subparagraph a of the second paragraph of section 217.2 were read as follows:

“(a) A is the total of the individual’s income from the business for the fiscal periods of the business that end in the year, determined as if paragraphs a to d of section 217.11 applied in computing that income;”; and

(b)  subparagraph ii of subparagraph b of the second paragraph of section 217.2 were read as follows:

“ii. the aggregate of the maximum amounts deductible under the said Title VI.5 in computing the individual’s taxable income for the year;”.

1997, c. 31, s. 27.

217.6. For the purposes of Division VIII.2, where at the end of the year 1994 an individual carried on a particular business no fiscal period of which ended at that time, and an amount is included under section 217.3 in computing the individual’s income for the individual’s taxation year 1995 in respect of another business that would, if section 217.12 applied for the purposes of this section, be included in the particular business, the individual’s income on 31 December 1995 in respect of the other business is deemed to be equal to the amount that would have been included in computing the individual’s income under section 217.3 if

(a)  subparagraph a of the second paragraph of section 217.3 were read as follows:

“(a) A is the individual’s income from the business for the particular fiscal period, determined as if paragraphs a to d of section 217.11 applied in computing that income;”; and

(b)  subparagraph ii of subparagraph b of the second paragraph of section 217.3 were read as follows:

“ii. the aggregate of the maximum amounts deductible under the said Title VI.5 in computing the individual’s taxable income for the individual’s taxation year that includes the end of the particular fiscal period;”.

1997, c. 31, s. 27.

217.7. For the purposes of Division VIII.2, where at the end of the year 1995 an individual carried on a business as a member of a partnership no fiscal period of which ended at the end of the year 1994, an amount is included under section 217.3 in computing the individual’s income for the individual’s taxation year 1995 in respect of the business and the conditions set out in the second paragraph are met, the individual’s income on 31 December 1995 in respect of the business is deemed to be equal to the amount that would have been included in computing the individual’s income under section 217.3 if

(a)  subparagraph a of the second paragraph of section 217.3 were read as follows:

“(a) A is the individual’s income from the business for the particular fiscal period, determined as if paragraphs a to d of section 217.11 applied in computing that income;”;

(b)  subparagraph ii of subparagraph b of the second paragraph of section 217.3 were read as follows:

“ii. the aggregate of the maximum amounts deductible under the said Title VI.5 in computing the individual’s taxable income for the individual’s taxation year that includes the end of the particular fiscal period;”; and

(c)  the individual were deemed, for the purposes of subparagraphs c and d of the second paragraph of section 217.3, to have carried on the business on the days on which the professional corporation referred to in the second paragraph carried on the business.

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

(a)  the business was carried on by a professional corporation as a member of the partnership at the end of the year 1994;

(b)  the professional corporation transferred its interest in the partnership to the individual before the end of the year 1995;

(c)  the individual is a practising member of the professional order under the authority of which the professional corporation practised the profession;

(d)  the individual was a specified shareholder of the professional corporation immediately before the transfer; and

(e)  the professional corporation does not have a share of the income or loss of the partnership for the first fiscal period of the partnership that ends after the end of the year 1995.

1997, c. 31, s. 27.

217.8. Where an amount was included under section 217.2 in computing an individual’s income for the taxation year 1995 from a business and the individual’s income on 31 December 1995 in respect of the business, otherwise determined under section 217.5 for the purposes of Division VIII.2, exceeds the amount determined under the second paragraph, the individual’s income on 31 December 1995 in respect of the business is deemed, for the purposes of section 217.13 in respect of the individual’s taxation year 1996 and subsequent taxation years, to be equal to the amount determined under the second paragraph.

The amount to which the first paragraph refers is equal to the amount that would be the individual’s income on 31 December 1995, otherwise determined under section 217.5 for the purposes of Division VIII.2, in respect of the business referred to therein, if

(a)  subparagraph a of the second paragraph of section 217.2 were read as follows:

“(a) A is the individual’s income from the business for the particular fiscal period, determined as if paragraphs a to d of section 217.11 applied in computing that income;”;

(b)  subparagraph ii of subparagraph b of the second paragraph of section 217.2 were read as follows:

“ii. the aggregate of the maximum amounts deductible under the said Title VI.5 in computing the individual’s taxable income for the individual’s taxation year that includes the end of the particular fiscal period;”; and

(c)  subparagraph d of the second paragraph of section 217.2 were read as follows:

“(d) D is the number of days on which the individual carries on the business that are in the particular fiscal period.”

1997, c. 31, s. 27.

217.9. Sections 217.2 and 217.3 do not apply in computing an individual’s income for a taxation year from a business where

(a)  the individual dies or otherwise ceases to carry on the business in the taxation year; or

(b)  the individual becomes a bankrupt in the calendar year in which the taxation year ends.

1997, c. 31, s. 27.

217.9.1. Where an individual carries on a business in a taxation year, the individual dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business ends because of the individual’s death, in this section referred to as the “short period”, and the individual’s legal representative elects that this section apply in computing the individual’s income for the year or files a separate fiscal return under section 1003 in respect of the individual’s business, notwithstanding section 217.9, there shall be included in computing the individual’s income for the year from the business, the amount determined by the formula

(A − B) × (C / D).

In the formula provided for in the first paragraph,

(a)  A is the total of the individual’s income from the business for fiscal periods, other than the short period, of the business that end in the year;

(b)  B is the lesser of

i.  the aggregate of all amounts each of which is an amount included in the total determined under subparagraph a in respect of the business that is deemed to be a taxable capital gain for the purposes of Title VI.5 of Book IV, and

ii.  the aggregate of all amounts deducted under Title VI.5 of Book IV in computing the individual’s taxable income for the year;

(c)  C is the number of days in the short period; and

(d)  D is the number of days in fiscal periods of the business, other than the short period, that end in the year.

2000, c. 5, s. 53.

DIVISION VIII.2 RESERVE IN RESPECT OF INCOME ON 31 DECEMBER 1995

1997, c. 31, s. 27.

217.10. In this division,

“income on 31 December 1995” in respect of a business carried on by a taxpayer means the amount determined by the formula

(A − B − C + D) × E;

“qualifying fiscal period” of a business of a taxpayer means

(a)  where at the end of the year 1994 the taxpayer carried on the business and no fiscal period of the business ended at that time, a fiscal period of the business that begins after the beginning of the taxpayer’s taxation year that includes the end of the year 1995 and ends

i.  at the end of the year 1995 because of subparagraph b of the second paragraph of section 7 or because of the said subparagraph b and of section 190, or

ii.  immediately before the end of the year 1995 because of subparagraph b of the second paragraph of section 7 and of the second paragraph of section 601;

(b)  a fiscal period of the business that ends at the end of the year 1995 because of subparagraph b of the second paragraph of section 7 where

i.  the taxpayer is an individual who carries on the business as a member of a partnership at the end of the year 1995,

ii.  the individual acquired the individual’s interest in the partnership in the year 1995 from a professional corporation,

iii.  the professional corporation carried on the business at the end of the year 1994 as a member of the partnership and does not have a share of the income or loss of the partnership for the fiscal period,

iv.  the individual is a practising member of the professional order under the authority of which the professional corporation practised the profession, and

v.  the individual was a specified shareholder of the professional corporation immediately before acquiring the interest in the partnership; and

(c)  where the taxpayer is a professional corporation that has a taxation year that ends at the end of the year 1995 because of subparagraph b of the second paragraph of section 7, and at the end of the year 1994 the business was carried on by the professional corporation as a member of a partnership, or by an individual referred to in the second paragraph, a fiscal period of the business that ends in the taxation year;

“specified percentage”, in relation to a taxpayer, for a particular taxation year in respect of a business means

(a)  where the first taxation year in which a qualifying fiscal period of the business ends is the taxation year 1995, or any of sections 217.5 to 217.7 applies in respect of the business, and the particular taxation year ends in

i.  the year 1995, 95%,

ii.  the year 1996, 85%,

iii.  the year 1997, 75%,

iv.  the year 1998, 65%,

v.  the year 1999, 55%,

vi.  the year 2000, 45%,

vii.  the year 2001, 35%,

viii.  the year 2002, 25%,

ix.  the year 2003, 15%, and

x.  any year that is after the year 2003, 0%;

(b)  where the first taxation year in which a qualifying fiscal period of a business of the taxpayer ends is the taxation year 1996 and the particular taxation year ends in

i.  the year 1996, 95%,

ii.  the year 1997, 85%,

iii.  the year 1998, 75%,

iv.  the year 1999, 65%,

v.  the year 2000, 55%,

vi.  the year 2001, 45%,

vii.  the year 2002, 35%,

viii.  the year 2003, 25%,

ix.  the year 2004, 15%, and

x.  any year that is after the year 2004, 0%.

An individual to which paragraph c of the definition of “qualifying fiscal period” in the first paragraph refers means an individual

(a)  who transferred an interest in the partnership to the professional corporation before the end of the year 1995;

(b)  who is a practising member of the professional order under the authority of which the professional corporation practises the profession;

(c)  who was a specified shareholder of the professional corporation immediately after the transfer; and

(d)  who does not have a share of the income or loss of the partnership for the first fiscal period of the partnership that ends in 1995.

For the purposes of the formula in the definition of “income on 31 December 1995” in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the taxpayer’s income from the business for a qualifying fiscal period;

(b)  B is the aggregate of all amounts each of which is the taxpayer’s loss from the business for a qualifying fiscal period;

(c)  C is the lesser of

i.  the aggregate of all amounts each of which is an amount included in computing the taxpayer’s income or loss from the business for a qualifying fiscal period and that is deemed to be a taxable capital gain for the purposes of Title VI.5 of Book IV, and

ii.  the aggregate of the maximum amounts deductible under the said Title VI.5 in computing the taxpayer’s taxable income for the taxation year in which the qualifying fiscal period ends;

(d)  D is

i.  where the taxpayer is a professional corporation, the total salary or wages deductible in computing an amount determined under paragraph a or b that is payable by the professional corporation to an individual

(1)  who is a practising member of the professional order under the authority of which the professional corporation practised the profession, and

(2)  who is a specified shareholder of the professional corporation, and

ii.  in any other case, nil; and

(e)  E is,

i.  where the taxpayer is a professional corporation a taxation year of which ended at the end of the year 1995 because of subparagraph b of the second paragraph of section 7, the amount determined by the formula

(F − G) / F, and

ii.  in any other case, 1.

For the purposes of the formula in subparagraph i of subparagraph e of the third paragraph,

(a)  F is the number of days in all qualifying fiscal periods of the business; and

(b)  G is the number of days in the taxation year.

1997, c. 31, s. 27.

217.11. For the purposes of the definition of “income on 31 December 1995” in the first paragraph of section 217.10, a taxpayer’s income or loss from a business for a qualifying fiscal period shall be computed as if

(a)  this Part were read without reference to subparagraph b of the second paragraph of section 194;

(b)  the taxpayer had made the election referred to in section 215 in respect of the business for the qualifying fiscal period;

(c)  the maximum amount deductible in respect of any reserve, allowance or other amount were deducted in computing the taxpayer’s income; and

(d)  the taxpayer had not received any taxable dividend.

1997, c. 31, s. 27.

217.12. For the purposes of the definition of “qualifying fiscal period” in the first paragraph of section 217.10 and subparagraph i of paragraphs b and c of section 217.15, a particular business of a taxpayer is deemed to include another business substituted therefor, or for which the particular business was substituted, where

(a)  all or substantially all of the gross revenue of the particular business is derived from the sale, leasing, rental or development of properties or the rendering of services; and

(b)  all or substantially all of the gross revenue of the other business is derived from the sale, leasing, rental or development, as the case may be, of properties similar to those contemplated in paragraph a or the rendering of services similar to those contemplated in paragraph a.

1997, c. 31, s. 27.

217.13. Subject to section 217.15, where a taxpayer carries on a business in a particular taxation year, there may be deducted in computing the taxpayer’s income for the year from the business, as a reserve in respect of income on 31 December 1995, such amount as the taxpayer claims not exceeding the least of

(a)  the specified percentage for the particular taxation year of the taxpayer’s income on 31 December 1995 in respect of the business;

(b)  where an amount was deductible under this section in computing the taxpayer’s income for a preceding taxation year from the business, the amount included under section 217.14 in computing the taxpayer’s income for the particular taxation year from the business; and

(c)  the taxpayer’s income for the particular taxation year computed before deducting any amount under this section in respect of the business or under paragraph j of section 339 or any of sections 346.1 to 346.4 and 350.1.

1997, c. 31, s. 27; 2000, c. 5, s. 54; 2002, c. 40, s. 22; 2004, c. 21, s. 67.

217.14. There shall be included in computing a taxpayer’s income for a taxation year from a business the amount deducted under section 217.13 in computing the taxpayer’s income therefrom for the preceding taxation year.

1997, c. 31, s. 27.

217.15. No deduction shall be made under section 217.13 in computing a taxpayer’s income for a taxation year from a business where

(a)  at the end of the year or at any time in the following taxation year,

i.  the taxpayer’s income from the business is exempt from tax under this Part, or

ii.  the taxpayer is not resident in Canada and does not carry on the business through an establishment in Canada;

(b)  the taxpayer is a corporation and its taxation year ends immediately before another taxation year

i.  at the beginning of which the business is not carried on principally by the corporation nor by members of a partnership of which the corporation is a member,

ii.  in which the corporation becomes a bankrupt, or

iii.  in which the corporation is dissolved, otherwise than in circumstances to which the rules in sections 556 to 564.1 and 565 apply, or wound up; or

(c)  the taxpayer is an individual, and

i.  at the beginning of the taxation year, the business is not carried on principally by the individual nor by members of a partnership of which the individual is a member,

ii.  the individual dies or becomes a bankrupt in the calendar year in which the taxation year ends, or

iii.  the individual is a trust that ceases to exist in the taxation year.

1997, c. 31, s. 27.

217.16. Where it may reasonably be considered that one of the main reasons a person carries on a business or is a member of a partnership is to avoid the application of subparagraph i of paragraph b or c of section 217.15, the person is deemed, for the purposes of those subparagraphs, not to carry on the business and not to be a member of the partnership.

1997, c. 31, s. 27.

217.17. Where an individual carries on a business in a taxation year, the individual dies in the year, an amount is included under section 217.14 in computing the individual’s income for the year from the business and the individual’s legal representative elects that this section apply in computing the individual’s income for the year or files a separate fiscal return under section 1003 in respect of the individual’s business, there shall be deducted in computing the individual’s income for the year from the business the lesser of

(a)  the greatest amount that would have been deductible under section 217.13 in computing the individual’s income for the year from the business if the individual had not died; and

(b)  the amount deducted by the legal representative.

2000, c. 5, s. 55.

DIVISION IX PROSPECTORS

1972, c. 23.

218. Where a prospector receives a share of the capital stock of a corporation as consideration for the disposition to the corporation of a mining property or interest in that property acquired by him as a result of his efforts as a prospector, the following rules apply:

(a)  he shall not include any amount in respect of the receipt of the share in computing his income, except as provided in paragraph b , or in computing the amount contemplated in paragraph b of section 412;

(b)  he shall include in respect of the receipt of the share in computing his income for the year in which the share is disposed of or exchanged an amount equal to the lesser of the following amounts:

i.  the fair market value of the share at the time of its acquisition;

ii.  the fair market value of the share at the time of its disposition or exchange;

(c)  he shall not include any amount in computing the cost of the share in respect of the disposition of the mining property or the interest therein, as the case may be;

(d)  the corporation shall not include any amount in respect of the share in computing the cost of the mining property or the interest therein;

(e)  for the purpose of paragraph b, a prospector is deemed to have disposed of or exchanged shares that are identical properties in the order in which they were acquired.

1972, c. 23, s. 206; 1977, c. 26, s. 20; 1987, c. 67, s. 43; 1997, c. 3, s. 71.

219. In this division,

(a)  a prospector is an individual who prospects or explores for minerals or develops a property for minerals on behalf of himself, on behalf of himself and others, or as an employee;

(b)  a mining property means

i.  a right, licence or privilege to prospect, explore, drill or mine for minerals in a mineral resource in Canada, or

ii.  immovable property in Canada, other than depreciable property, the principal value of which depends on its mineral resource content.

1972, c. 23, s. 207; 2004, c. 8, s. 39.

220. The rule provided in section 218 applies to any person other than a prospector if:

(a)  that person, under an arrangement with a prospector made before the prospecting or exploration for minerals or development of a property for minerals, or as an employer of a prospector, advanced money for or paid part or all of the expenses incurred in such work; and

(b)  the share was received as consideration for the disposition to the corporation by the person referred to in paragraph a of a mining property or interest in that property acquired by him under the arrangement contemplated in that paragraph, or if the prospector was his employee, acquired by him through his employee’s efforts.

Notwithstanding the foregoing, the rules provided in paragraphs b and e of section 218 do not apply to such person unless he is an individual or a partnership other than a partnership each member of which is a taxable Canadian corporation.

1972, c. 23, s. 208; 1987, c. 67, s. 44; 1997, c. 3, s. 71.

DIVISION X RAILWAY

1972, c. 23.

221. A taxpayer who operates a railway shall not deduct in computing his income for a taxation year any expense incurred by him in respect of the repair, replacement, alteration or renovation of depreciable property of a prescribed class if that expense is not to be entered in his books as an expense under a uniform classification and system of accounts and returns prescribed by the National Transportation Agency pursuant to the Railway Act (Revised Statutes of Canada, 1985, chapter R-3).

Such a taxpayer is however deemed to have acquired, for the purposes of sections 93 to 104 and the regulations made under paragraph a of section 130, depreciable property of a class, prescribed by regulation, at a capital cost equal to that expense.

1972, c. 23, s. 209; 1977, c. 26, s. 21; 1991, c. 25, s. 57.

DIVISION XI SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT

1972, c. 23; 1987, c. 67, s. 45.

222. (1)  A taxpayer who carries on a business in Canada in a taxation year may deduct in computing the taxpayer’s income from the business for the year an amount not exceeding the aggregate of all amounts each of which is an expenditure of a current nature made by the taxpayer in the year or in a preceding taxation year ending after 31 December 1973 on scientific research and experimental development related to a business of the taxpayer and directly undertaken in Canada by or on behalf of the taxpayer, or by way of a payment described in section 222.1, or by way of a payment to be used for scientific research and experimental development carried on in Canada that is related to a business of the taxpayer, where the taxpayer is entitled to exploit the results of that scientific research and experimental development and the payment was made to one of the following entities:

(a)  an association recognized by the Minister to undertake scientific research and experimental development;

(b)  a university, college, research institute or other similar institution recognized by the Minister;

(c)  a corporation resident in Canada and exempt from tax under section 991;

(d)  (paragraph repealed);

(e)  an organization recognized by the Minister that makes payments to an association, institution or corporation described in any of paragraphs a to c.

(2)  In this division, “scientific research and experimental development” means, subject to subsection 4, systematic investigation or search that is carried out in a field of science or technology by means of

(a)  basic research or applied research undertaken for the advancement of scientific knowledge; or

(b)  experimental development undertaken for the purpose of achieving technological advancement for the purpose of creating new, or improving existing, materials, products, devices or processes, including incremental improvements thereto.

(3)  For the purposes of the definition of “scientific research and experimental development” in subsection 2 in respect of a taxpayer, scientific research and experimental development include work undertaken by or on behalf of the taxpayer with respect to engineering, design, operations research, mathematical analysis, computer programming, data collection, testing and psychological research, where the work is directly in support of research referred to in paragraph a of subsection 2 that is undertaken in Canada by or on behalf of the taxpayer, or experimental development referred to in paragraph b of that subsection that is undertaken in Canada by or on behalf of the taxpayer, and is commensurate with the needs of such research or experimental development.

(4)  For the purposes of the definition of “scientific research and experimental development” in subsection 2, scientific research and experimental development do not include work related to

(a)  market research or sales promotion;

(b)  quality control or routine testing of materials, products, devices or processes;

(c)  research in the social sciences or the humanities;

(d)  prospecting, exploring or drilling for, or producing, minerals, petroleum or natural gas;

(e)  the commercial production of a new or improved material, device or product, or the commercial use of a new or improved process;

(f)  style changes; or

(g)  routine data collection.

1972, c. 23, s. 210; 1975, c. 22, s. 32; 1987, c. 67, s. 45; 1988, c. 18, s. 13; 1989, c. 5, s. 49; 1993, c. 16, s. 105; 1996, c. 39, s. 59; 1997, c. 3, s. 71; 1997, c. 31, s. 28; 2000, c. 5, s. 56.

222.1. The payment to which subsection 1 of section 222 first refers is

(a)  a payment made to a corporation resident in Canada to be used for scientific research and experimental development carried on in Canada that is related to a business of the taxpayer, where the taxpayer is entitled to exploit the results of that scientific research and experimental development; or

(b)  a payment, where the taxpayer is a corporation, made to an entity described in paragraph c of the said subsection 1, for scientific research and experimental development that is basic research or applied research carried on in Canada the primary purpose of which is the use of results therefrom by the taxpayer in conjunction with other scientific research and experimental development activities undertaken or to be undertaken by or on behalf of the taxpayer that relate to a business of the taxpayer, and that has the technological potential for application to other businesses of a type unrelated to that carried on by the taxpayer.

1993, c. 16, s. 106; 1997, c. 3, s. 71; 1997, c. 31, s. 29.

223. A taxpayer referred to in subsection 1 of section 222 may also deduct, in computing his income from the business referred to therein for a taxation year, an amount not exceeding the lesser of

(a)  the aggregate of all amounts each of which is an expenditure of a capital nature made by the taxpayer, in the year or in a preceding taxation year ending after 31 December 1958, in respect of property acquired that would be depreciable property of the taxpayer if this section were not applicable in respect of the property, other than land or a leasehold interest in land, on scientific research and experimental development carried on in Canada, directly undertaken by or on behalf of the taxpayer, and related to a business of the taxpayer; and

(b)  the undepreciated capital cost to the taxpayer of the property so acquired as of the end of the taxation year, before making any deduction under this section in computing the income of the taxpayer for the year.

1972, c. 23, s. 211; 1974, c. 18, s. 12; 1987, c. 67, s. 46; 1989, c. 5, s. 50; 1995, c. 49, s. 236.

223.0.1. For the purposes of section 223, an expenditure made by a taxpayer in respect of property is deemed not to have been made by the taxpayer before the property is considered to have become available for use by the taxpayer.

1993, c. 16, s. 107.

223.1. Where a taxpayer carries on a business in Canada in a taxation year by reason of an arrangement, a transaction or an event, or of a series of arrangements, transactions or events, and it may reasonably be considered that one of the purposes of the arrangement, transaction or event or of the series of arrangements, transactions or events is to cause the taxpayer to carry on the business so as to allow the taxpayer to deduct an amount in computing the taxpayer’s income from that business for that taxation year, pursuant to sections 222 to 226, the taxpayer is, for the purposes of those sections, deemed not to carry on the business in that year by reason of the arrangement, transaction or event or of the series of arrangements, transactions or events unless the taxpayer is, by reason of the arrangement, transaction or event, or of the series of arrangements, transactions or events, a member of a partnership other than a specified member of that partnership.

1990, c. 7, s. 11; 2000, c. 39, s. 18.

224. A taxpayer referred to in subsection 1 of section 222 may also deduct, in computing his income from the business referred to therein for the year, all amounts included by virtue of paragraph t of section 87 in computing his income for any previous taxation year and the aggregate of all amounts each of which is an expenditure made by the taxpayer in the year or in any previous taxation year ending after 31 December 1973 as repayment of an amount described in paragraph b of section 225.

1972, c. 23, s. 212; 1975, c. 22, s. 33; 1982, c. 5, s. 52; 1987, c. 67, s. 47; 1989, c. 5, s. 51.

224.1. For the purposes of section 224, an amount is deemed to be an expenditure made in a taxation year by a taxpayer as repayment of an amount described in paragraph b of section 225 if the amount

(a)  reduced, by the effect of paragraph b of section 225, the aggregate of the amounts that may be deducted by the taxpayer under sections 222 to 224 in computing his income for a taxation year;

(b)  was not received by the taxpayer; and

(c)  ceased in the taxation year to be an amount that the taxpayer can reasonably be expected to receive.

1994, c. 22, s. 121.

225. The aggregate of the amounts that may be deducted by a taxpayer under sections 222 to 224, in computing his income for a taxation year, shall be reduced by the aggregate of the following amounts:

(a)  the amount prescribed;

(b)  the aggregate of all amounts each of which is the amount of any government assistance or non-government assistance, within the meaning assigned by the first paragraph of section 1029.6.0.0.1, in respect of an expenditure described in section 222 or 223 that, on or before the taxpayer’s filing-due date for the year, the taxpayer has received, is entitled to receive or can reasonably be expected to receive;

(b.1)  where, in respect of a scientific research and experimental development project referred to in section 222 or 223 or in respect of the carrying out of that project, a person has obtained, is entitled to obtain or can reasonably be expected to obtain a benefit or an advantage, whether in the form of a reimbursement, compensation, guarantee or the proceeds of the disposition of property exceeding the fair market value of the property or in any other form or manner, and it may reasonably be considered that the benefit or advantage directly or indirectly results in a compensation or indemnity or, otherwise, in any manner whatsoever, in a benefit for a party to the project, the amount of the benefit or advantage which the person has obtained, is entitled to obtain or can reasonably be expected to obtain on or before the taxpayer’s filing-due date for the year;

(c)  the aggregate of all amounts each of which is an amount deducted under sections 222 to 224 in computing the taxpayer’s income for a preceding taxation year, except amounts described in section 229;

(c.1)  the aggregate of all amounts each of which is the lesser of the amount deducted under section 346.2 in computing the taxpayer’s income for a preceding taxation year and the amount by which the amount that was deductible under sections 222 to 225 in computing the taxpayer’s income for that preceding year exceeds the amount deducted under those sections in computing the taxpayer’s income for that preceding year;

(d)  where the taxpayer is a corporation control of which has been acquired by a person or group of persons before the end of the year, the amount determined for the year under section 225.1 with respect to the corporation.

1975, c. 22, s. 34; 1979, c. 18, s. 13; 1982, c. 5, s. 52; 1984, c. 15, s. 52; 1989, c. 5, s. 52; 1990, c. 7, s. 12; 1996, c. 39, s. 60; 1997, c. 3, s. 71; 1997, c. 31, s. 30; 2004, c. 21, s. 68.

225.1. Where a taxpayer is a corporation control of which was last acquired by a person or group of persons at any time before the end of a taxation year of the corporation, the amount determined for the purposes of paragraph d of section 225 for the year with respect to the corporation is the amount obtained by subtracting the amount determined under the second paragraph from the amount by which

(a)  the aggregate of all amounts each of which is

i.  an expenditure described in section 222 that was made by the corporation before that time or an expenditure described in section 224, where that section refers to an expenditure made as repayment of an amount described in paragraph b of section 225 that was made by the corporation before that time;

ii.  the lesser of the amounts determined in respect of the corporation under paragraphs a and b of section 223 immediately before that time;

iii.  an amount determined in respect of the corporation for its taxation year ending immediately before that time under section 224, where that section refers to an amount included, under paragraph t of section 87, in computing its income for a preceding taxation year, exceeds

(b)  the aggregate of all amounts each of which is

i.  the aggregate of all amounts determined in respect of the corporation under paragraphs a to c of section 225 for its taxation year ending immediately before that time;

ii.  the amount deducted by virtue of sections 222 to 225 in computing the corporation’s income for its taxation year ending immediately before that time.

The amount referred to in the first paragraph is equal to the aggregate of

(a)  where the business to which the amounts referred to in any of paragraphs i, ii and iii of subparagraph a of the first paragraph may reasonably be considered to relate was carried on by the corporation for profit or with a reasonable expectation of profit throughout the year, the aggregate of

i.  the corporation’s income for the year from the business before making any deduction under sections 222 to 225; and

ii.  where properties were sold, leased, rented or developed, or services were rendered, in the course of carrying on the business before the time referred to in the first paragraph, the corporation’s income for the year, before making any deduction under sections 222 to 225, from any other business substantially all the income of which was derived from the sale, leasing, rental or development, as the case may be, of similar properties or the rendering of similar services; and

(b)  the aggregate of all amounts each of which is an amount determined in respect of a preceding taxation year of the corporation that ended after the time referred to in the first paragraph equal to the lesser of

i.  the amount determined under subparagraph a with respect to the corporation in respect of the business for that preceding taxation year; and

ii.  the amount in respect of the business deducted by virtue of sections 222 to 225 in computing the corporation’s income for that preceding taxation year.

1989, c. 5, s. 52; 1997, c. 3, s. 71.

225.2. For the purposes of sections 222 to 225 and notwithstanding section 230.0.0.1, where a taxpayer is a corporation, scientific research and experimental development, related to a business carried on by another corporation to which the taxpayer is related, otherwise than by reason of a right referred to in paragraph b of section 20 and in which that other corporation is actively engaged, at the time at which an expenditure or payment in respect of the scientific research and experimental development is made by the taxpayer, shall be considered to be related to a business of the taxpayer at that time.

1989, c. 5, s. 52; 1997, c. 3, s. 71.

225.3. For the purposes of this division, an expenditure is deemed to have been made by a taxpayer in Canada if the expenditure is made

(a)  by the taxpayer in the course of a business carried on by the taxpayer in Canada; and

(b)  for the prosecution of scientific research and experimental development in the exclusive economic zone of Canada, within the meaning of the Oceans Act (Statutes of Canada, 1996, chapter 31), or in the airspace above that zone or the seabed or subsoil below that zone.

2006, c. 13, s. 30.

226. A taxpayer may deduct, in computing his income for a taxation year from a business of the taxpayer, expenditures of a current nature made by him in the year either on scientific research and experimental development carried on outside Canada, directly undertaken by or on behalf of the taxpayer, and related to the business or by way of payments to any of the entities described in paragraphs a and b of subsection 1 of section 222 to be used for scientific research and experimental development carried on outside Canada related to the business provided that the taxpayer is entitled to exploit the results of such scientific research and experimental development.

1972, c. 23, s. 213; 1987, c. 67, s. 48; 1989, c. 5, s. 52.

226.1. Where, in respect of a scientific research and experimental development project referred to in section 226 or in respect of the carrying out of that project, a person has obtained, is entitled to obtain or can reasonably be expected to obtain a benefit or an advantage, whether in the form of a reimbursement, compensation, guarantee or the proceeds of the disposition of property exceeding the fair market value of the property or in any other form or manner, and it may reasonably be considered that the benefit or advantage directly or indirectly results in a compensation or indemnity or, otherwise, in any manner whatsoever, in a benefit for a party to the project, the amount which the taxpayer may deduct under the said section 226 for the taxation year referred to therein shall be reduced by the amount of the benefit or advantage which the person has obtained, is entitled to obtain or can reasonably be expected to obtain on or before the taxpayer’s filing-due date for the year.

1990, c. 7, s. 13; 1997, c. 31, s. 31.

227. (Repealed).

1972, c. 23, s. 214; 1977, c. 5, s. 14; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1987, c. 67, s. 48; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 19; 2003, c. 29, s. 137; 2005, c. 1, s. 73.

228. No deduction may be made under this division in respect of an expenditure made to acquire rights in or arising out of scientific research and experimental development and no deduction permitted under this division may be claimed under section 710 or sections 752.0.10.1 to 752.0.10.14.

1972, c. 23, s. 215; 1987, c. 67, s. 48; 1993, c. 64, s. 23.

229. An amount claimed under section 223 is deemed for the purposes of sections 93 to 104 to be an amount deductible under the regulations made under paragraph a of section 130; for that purpose, the property so acquired is deemed to be of a separate prescribed class.

1972, c. 23, s. 216.

229.1. (Repealed).

1988, c. 4, s. 28; 1989, c. 5, s. 53.

230. Expenditures on scientific research and experimental development include only

(a)  in the cases referred to in section 226,

i.  expenditures each of which was an expenditure incurred for and all or substantially all of which was attributable to the prosecution of scientific research and experimental development, and

ii.  expenditures of a current nature that were directly attributable, as determined by regulation, to the prosecution of scientific research and experimental development;

(b)  in cases other than those referred to in section 226, expenditures incurred by a taxpayer in a taxation year, other than a taxation year for which the taxpayer has elected under subparagraph c, each of which is

i.  an expenditure of a current nature all or substantially all of which was attributable to the prosecution, or to the provision of premises, facilities or equipment for the prosecution, of scientific research and experimental development carried on in Canada,

ii.  an expenditure of a current nature directly attributable, as determined by regulation, to the prosecution, or to the provision of premises, facilities or equipment for the prosecution, of scientific research and experimental development carried on in Canada, or

iii.  an expenditure of a capital nature that at the time it was incurred was for the provision of premises, facilities or equipment, where at that time it was intended

(1)  that such premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development carried on in Canada, or

(2)  that all or substantially all of their value would be consumed in the prosecution of scientific research and experimental development carried on in Canada; and

(c)  in cases other than those referred to in section 226, where a taxpayer has elected in prescribed form and in accordance with section 230.0.0.4 for a taxation year, expenditures incurred by the taxpayer in the year each of which is

i.  an expenditure of a current nature for, and all or substantially all of which was attributable to, the lease of premises, facilities or equipment for the prosecution of scientific research and experimental development carried on in Canada, other than an expenditure in respect of general purpose office equipment or furniture,

ii.  an expenditure for the prosecution of scientific research and experimental development carried on in Canada, directly undertaken on behalf of the taxpayer,

iii.  an expenditure described in subparagraph iii of subparagraph b, other than an expenditure in respect of general purpose office equipment or furniture,

iv.  that portion of an expenditure incurred in respect of the salary or wages of an employee who is directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employee thereon, and, for this purpose, if all or substantially all of the employee’s working time is spent on such scientific research and experimental development, that portion is deemed to be the amount of the expenditure,

v.  an expenditure incurred in relation to the cost of materials consumed or transformed in the prosecution of scientific research and experimental development carried on in Canada, or

vi.  one-half of any other expenditure of a current nature in respect of the lease of premises, facilities or equipment used primarily for the prosecution of scientific research and experimental development carried on in Canada, other than an expenditure in respect of general purpose office equipment or furniture.

For greater certainty, it is understood that scientific research and experimental development relating to a business includes any scientific research and experimental development that may lead to or facilitate an extension of that business.

1972, c. 23, s. 217; 1987, c. 67, s. 49; 1989, c. 5, s. 54; 1995, c. 1, s. 27; 2000, c. 5, s. 57; 2002, c. 40, s. 23; 2009, c. 5, s. 76.

230.0.0.1. Except in the case of a taxpayer that derives all or substantially all of his revenue from the prosecution of scientific research and experimental development, including the sale of rights arising out of scientific research and experimental development carried on by him, the prosecution of scientific research and experimental development shall not be considered to be a business of the taxpayer to which scientific research and experimental development is related.

1989, c. 5, s. 55; 1992, c. 1, s. 28.

230.0.0.2. Notwithstanding the first paragraph of section 230, expenditures on scientific research and experimental development shall not include

(a)  any capital expenditure made in respect of the acquisition of a building, other than a special-purpose building, within the meaning of the regulations, including a leasehold interest therein;

(b)  any outlay or expense made or incurred for the use of, or the right to use, a building other than a prescribed special-purpose building, within the meaning of the regulations;

(c)  a payment described in the second paragraph that must be used for scientific research and experimental development and is made by a taxpayer to

i.  a corporation resident in Canada and exempt from tax under section 991, a research institute recognized by the Minister or an association recognized by the Minister, with which the taxpayer does not deal at arm’s length;

ii.  a corporation other than a corporation referred to in subparagraph i;

iii.  a university, college or organization recognized by the Minister;

(d)  any expenditure made in respect of the acquisition or lease of animals, other than laboratory animals within the meaning of the regulations, or in respect of any other similar kind of transaction regarding such animals.

The payment referred to in subparagraph c of the first paragraph is

(a)  a payment to an entity described in subparagraph i or ii of the said subparagraph c, to the extent that the payment may reasonably be considered to have been made to enable the entity to acquire a building or a leasehold interest in a building or to pay the rental expense in respect of a building; or

(b)  a payment to an entity described in subparagraph iii of the said subparagraph c, to the extent that the payment may reasonably be considered to have been made to enable the entity to acquire a building, or a leasehold interest in a building, in which the taxpayer has, or may reasonably be expected to acquire, an interest;

(c)  a payment to any of the entities described in subparagraphs i to iii of the said subparagraph c, to the extent that the payment may reasonably be considered to have been made to enable the entity to acquire rights in, or arising out of, scientific research and experimental development.

1989, c. 5, s. 55; 1991, c. 8, s. 2; 1993, c. 64, s. 24; 1995, c. 1, s. 28; 1997, c. 3, s. 71.

230.0.0.3. For the purposes of subparagraphs b and c of the first paragraph of section 230, an expenditure of a taxpayer does not include remuneration based on profits or a bonus, where the remuneration or bonus, as the case may be, is in respect of a specified employee of the taxpayer.

1995, c. 1, s. 29; 1997, c. 85, s. 56.

230.0.0.3.1. For the purposes of subparagraphs b and c of the first paragraph of section 230, expenditures incurred by a taxpayer in a taxation year do not include expenses incurred in the year in respect of salary or wages of a specified employee of the taxpayer to the extent that those expenses exceed the amount determined by the formula

A × B / 365.

In the formula provided for in the first paragraph,

(a)  A is 5 times the amount of the Maximum Pensionable Earnings, as determined under section 40 of the Act respecting the Québec Pension Plan (chapter R-9), for the calendar year in which the taxation year ends; and

(b)  B is the number of days in the taxation year during which the employee is a specified employee of the taxpayer.

1998, c. 16, s. 103.

230.0.0.3.2. For the purposes of subparagraphs b and c of the first paragraph of section 230, where in a taxation year of a corporation that ends in a particular calendar year, the corporation employs an individual who is a specified employee of the corporation, the corporation is associated with another corporation, in this section referred to as the “associated corporation”, in a taxation year of the associated corporation that ends in the particular calendar year, and the individual is a specified employee of the associated corporation in that taxation year of the associated corporation, the expenditures incurred by the corporation in its taxation year or years that end in the calendar year and by each associated corporation in its taxation year or years that end in the particular calendar year do not include expenses incurred in those taxation years in respect of salary or wages of the specified employee unless the corporation and all of the associated corporations have filed with the Minister an agreement referred to in section 230.0.0.3.3 in respect of those years in respect of that employee or section 230.0.0.3.5 applies to those corporations in respect of those years in respect of that employee.

1998, c. 16, s. 103.

230.0.0.3.3. Where none of the members of a group of corporations that are associated with each other in a taxation year that ends in a particular calendar year and of which an individual is a specified employee has, in that taxation year, an establishment in a province other than Québec, all of the members of the group of associated corporations file, in respect of their taxation years that end in the particular calendar year, an agreement with the Minister in which they allocate an amount in respect of the individual to one or more of them for those years and the amount so allocated or the aggregate of the amounts so allocated, as the case may be, does not exceed the amount determined by the following formula, the maximum amount that may be claimed in respect of salary or wages of the individual for the purposes of subparagraphs b and c of the first paragraph of section 230 by each of the corporations for each of those years is the amount so allocated to it for each of those years:

A × B / 365.

In the formula provided for in the first paragraph,

(a)  A is 5 times the amount of the Maximum Pensionable Earnings, as determined under section 40 of the Act respecting the Québec Pension Plan (chapter R-9), for the particular calendar year; and

(b)  B is the lesser of 365 and the number of days in those taxation years during which the individual was a specified employee of one or more of the corporations.

1998, c. 16, s. 103.

230.0.0.3.4. An agreement referred to in the first paragraph of section 230.0.0.3.3 is deemed not to have been filed by a taxpayer with the Minister unless it is in prescribed form, and, where the taxpayer is a corporation, it is accompanied by, where the directors of the corporation are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made or, where the directors of the corporation are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made.

1998, c. 16, s. 103.

230.0.0.3.5. Where one of the members of a group of corporations that are associated with each other in a taxation year that ends in a particular calendar year and of which an individual is a specified employee has, in that taxation year, an establishment in a province other than Québec and an amount in respect of the individual is allocated, in accordance with subsection 9.3 of section 37 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), to one or more of them for each of their taxation years that ends in the particular calendar year, the maximum amount that may be claimed in respect of salary or wages of the individual for the purposes of subparagraphs b and c of the first paragraph of section 230 by each of the corporations for each of those years is the amount so allocated to it for each of those years.

Where, in respect of a taxation year, a member of a group of associated corporations referred to in the first paragraph files, in respect of an individual, an agreement with the Minister of Revenue of Canada in accordance with subsection 9.3 of section 37 of the Income Tax Act, the member is required to file with the Minister, in respect of that year, a copy of the agreement.

1998, c. 16, s. 103; 2000, c. 5, s. 293.

230.0.0.3.6. For the purposes of this section and sections 230.0.0.3.2, 230.0.0.3.3 and 230.0.0.3.5, each of the following is deemed to be a corporation associated with a particular corporation:

(a)  an individual related to the particular corporation;

(b)  a partnership of which a majority-interest partner is an individual related to the particular corporation or a corporation associated with the particular corporation; and

(c)  a limited partnership of which a member whose liability as a member is not limited is an individual related to the particular corporation or a corporation associated with the particular corporation.

1998, c. 16, s. 103.

230.0.0.4. Any election made under subparagraph c of the first paragraph of section 230 for a taxation year by a taxpayer shall be filed in prescribed form by the taxpayer, on the day on which the taxpayer first files a prescribed form referred to in section 230.0.0.4.1 for the year.

1995, c. 1, s. 29; 1997, c. 31, s. 32.

230.0.0.4.1. No amount in respect of an expenditure that would be made by a taxpayer in a taxation year that begins after 31 December 1995 if this Act were read without reference to section 482 may be deducted under sections 222 to 224 by the taxpayer in computing the taxpayer’s income unless the taxpayer files with the Minister the prescribed form containing the prescribed information in respect of the expenditure on or before the day that is 12 months after the taxpayer’s filing-due date for the year.

1997, c. 31, s. 33; 2000, c. 5, s. 58.

230.0.0.5. If a taxpayer has not filed the prescribed form that was required to be filed in respect of an expenditure in accordance with section 230.0.0.4.1, for the purposes of this Part, the expenditure is deemed not to be an expenditure on or in respect of scientific research and experimental development.

1996, c. 39, s. 61; 1997, c. 31, s. 34; 2000, c. 5, s. 59.

230.0.0.6. For the purposes of this division, an expenditure that is made by a taxpayer in a taxation year and that would, but for subsection 1 of section 175.1, have been deductible under this division in computing the taxpayer’s income for the year, is deemed not to be made by the taxpayer in the year and to be made by the taxpayer in the subsequent taxation year to which the expenditure may reasonably be considered to relate.

1997, c. 31, s. 35.

DIVISION XII

Repealed, 2000, c. 5, s. 60.

1979, c. 18, s. 14; 1987, c. 67, s. 50; 2000, c. 5, s. 60.

230.0.1. (Repealed).

1985, c. 25, s. 38; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.0.2. (Repealed).

1985, c. 25, s. 38; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.0.3. (Repealed).

1985, c. 25, s. 38; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.1. (Repealed).

1979, c. 18, s. 14; 1980, c. 13, s. 15; 1987, c. 67, s. 51; 1997, c. 3, s. 71; 1997, c. 31, s. 36; 1998, c. 16, s. 251; 2000, c. 5, s. 60.

230.2. (Repealed).

1979, c. 18, s. 14; 1989, c. 5, s. 56.

230.3. (Repealed).

1979, c. 18, s. 14; 1980, c. 13, s. 16; 1987, c. 67, s. 52; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 60.

230.4. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.5. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.6. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 1997, c. 14, s. 51; 2000, c. 5, s. 60.

230.7. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.8. (Repealed).

1979, c. 18, s. 14; 1987, c. 67, s. 53; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.9. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.10. (Repealed).

1979, c. 18, s. 14; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

230.11. (Repealed).

1982, c. 5, s. 53; 1997, c. 3, s. 71; 2000, c. 5, s. 60.

DIVISION XIII

Repealed, 2002, c. 9, s. 8.

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.12. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.13. (Repealed).

2000, c. 39, s. 19; 2001, c. 51, s. 28; 2002, c. 9, s. 8.

230.14. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.15. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.16. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.17. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.18. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.19. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.20. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.21. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

230.22. (Repealed).

2000, c. 39, s. 19; 2002, c. 9, s. 8.

TITLE IV CAPITAL GAINS AND CAPITAL LOSSES

1972, c. 23.

CHAPTER I GENERAL RULES

1972, c. 23.

231. Subject to sections 231.0.1 to 231.2.1, a taxable capital gain, an allowable capital loss or an allowable business investment loss is equal to 1/2 of the capital gain, 1/2 of the capital loss or 1/2 of the business investment loss, as the case may be, from the disposition of property.

The capital gain, the capital loss or the business investment loss shall be computed in accordance with this Title in reference to the taxation year during which the disposition of the property takes place, unless otherwise provided in this Part.

1972, c. 23, s. 218; 1979, c. 18, s. 15; 1990, c. 59, s. 112; 2001, c. 51, s. 29; 2003, c. 2, s. 66; 2009, c. 15, s. 62.

231.0.1. For the purposes of the first paragraph of section 231 in respect of a taxpayer for any following taxation year of the taxpayer, the references to the fraction “1/2” in that paragraph shall be read as a reference to the following fraction:

(a)  if the taxation year begins after 28 February 2000 and ends before 18 October 2000, 2/3;

(b)  if the taxation year includes 28 February 2000 but does not include 18 October 2000,

i.  3/4, where the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000, in this paragraph referred to as the “first period”, exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 28 February 2000 and ends at the end of the year, in this paragraph referred to as the “second period”,

ii.  3/4, where the amount of the taxpayer’s net capital losses from dispositions of property in the first period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the second period,

iii.  2/3, where the amount of the taxpayer’s net capital gains from dispositions of property in the first period is less than the amount of the taxpayer’s net capital losses from dispositions of property in the second period,

iv.  2/3, where the amount of the taxpayer’s net capital losses from dispositions of property in the first period is less than the amount of the taxpayer’s net capital gains from dispositions of property in the second period,

v.  the fraction determined under section 231.0.2, where the taxpayer has only net capital gains, or only net capital losses, from dispositions of property in each of the first and second periods,

vi.  2/3, where the net capital gains and net capital losses of the taxpayer for the year are nil, and

vii.  2/3, in any other case;

(c)  if the taxation year begins after 27 February 2000 and includes 18 October 2000,

i.  2/3, where the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 17 October 2000, in this paragraph referred to as the “first period”, exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year, in this paragraph referred to as the “second period”,

ii.  2/3, where the amount of the taxpayer’s net capital losses from dispositions of property in the first period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the second period,

iii.  1/2, where the amount of the taxpayer’s net capital gains from dispositions of property in the first period is less than the amount of the taxpayer’s net capital losses from dispositions of property in the second period,

iv.  1/2, where the amount of the taxpayer’s net capital losses from dispositions of property in the first period is less than the amount of the taxpayer’s net capital gains from dispositions of property in the second period,

v.  the fraction determined under section 231.0.3, where the taxpayer has only net capital gains, or only net capital losses, from dispositions of property in each of the first and second periods,

vi.  1/2, where the net capital gains and net capital losses of the taxpayer for the year are nil, and

vii.  1/2, in any other case; and

(d)  if the taxation year includes 27 February 2000 and 18 October 2000,

i.  3/4, where the amount by which the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000, in this paragraph referred to as the “first period”, exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000, in this paragraph referred to as the “second period”, exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year, in this paragraph referred to as the “third period”,

ii.  3/4, where the amount by which the amount of the taxpayer’s net capital losses from dispositions of property in the first period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the second period, exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the third period,

iii.  2/3, where the amount by which the amount of the taxpayer’s net capital gains from dispositions of property in the second period exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the first period, exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the third period,

iv.  2/3, where the amount by which the amount of the taxpayer’s net capital losses from dispositions of property in the second period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the first period, exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the third period,

v.  the fraction determined under section 231.0.4, where the taxpayer has net capital gains in each of the first and second periods and the total amount of those net capital gains in those periods exceeds the amount of the taxpayer’s net capital losses in the third period,

vi.  the fraction determined under section 231.0.5, where the taxpayer has net capital losses in each of the first and second periods and the total amount of those net capital losses in those periods exceeds the amount of the taxpayer’s net capital gains in the third period,

vii.  the fraction determined under section 231.0.6, where the taxpayer has only net capital gains, or only net capital losses, from dispositions of property in each of the first, second and third periods,

viii.  the fraction determined under section 231.0.7, where the amount of the taxpayer’s net capital gains from dispositions of property in the first period exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the second period and the taxpayer has net capital gains from dispositions of property in the third period,

ix.  the fraction determined under section 231.0.8, where the amount of the taxpayer’s net capital losses from dispositions of property in the first period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the second period and the taxpayer has net capital losses from dispositions of property in the third period,

x.  the fraction determined under section 231.0.9, where the amount of the taxpayer’s net capital gains from dispositions of property in the second period exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the first period and the taxpayer has net capital gains from dispositions of property in the third period,

xi.  the fraction determined under section 231.0.10, where the amount of the taxpayer’s net capital losses from dispositions of property in the second period exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the first period and the taxpayer has net capital losses from dispositions of property in the third period, and

xii.  1/2, in any other case.

2003, c. 2, s. 67.

231.0.2. The fraction referred to in subparagraph v of paragraph b of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 2/3)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000; and

(b)  B is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins on 28 February 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.3. The fraction referred to in subparagraph v of paragraph c of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 2/3) + (B × 1/2)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins at the beginning of the year and ends on 17 October 2000; and

(b)  B is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.4. The fraction referred to in subparagraph v of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 2/3)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000; and

(b)  B is the taxpayer’s net capital gains from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000.

2003, c. 2, s. 67.

231.0.5. The fraction referred to in subparagraph vi of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 2/3)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s net capital losses from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000; and

(b)  B is the taxpayer’s net capital losses from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000.

2003, c. 2, s. 67.

231.0.6. The fraction referred to in subparagraph vii of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 2/3) + (C × 1/2)] / (A + B + C).

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000;

(b)  B is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000; and

(c)  C is the taxpayer’s net capital gains or net capital losses, as the case may be, from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.7. The fraction referred to in subparagraph viii of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 1/2)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the amount by which the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000 exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000; and

(b)  B is the taxpayer’s net capital gains from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.8. The fraction referred to in subparagraph ix of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 3/4) + (B × 1/2)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the amount by which the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000 exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000; and

(b)  B is the taxpayer’s net capital losses from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.9. The fraction referred to in subparagraph x of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 2/3) + (B × 1/2)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the amount by which the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000 exceeds the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000; and

(b)  B is the taxpayer’s net capital gains from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.10. The fraction referred to in subparagraph xi of paragraph d of section 231.0.1 in respect of a taxation year of a taxpayer is determined by the formula

[(A × 2/3) + (B × 1/2)] / (A + B).

In the formula provided for in the first paragraph,

(a)  A is the amount by which the amount of the taxpayer’s net capital losses from dispositions of property in the period that begins on 28 February 2000 and ends on 17 October 2000 exceeds the amount of the taxpayer’s net capital gains from dispositions of property in the period that begins at the beginning of the year and ends on 27 February 2000; and

(b)  B is the taxpayer’s net capital losses from dispositions of property in the period that begins on 18 October 2000 and ends at the end of the year.

2003, c. 2, s. 67.

231.0.11. For the purpose of determining which fraction in paragraphs a to d of section 231.0.1 applies to a taxpayer for a taxation year, the following rules apply:

(a)  the net capital gains of the taxpayer from dispositions of property in a period is the amount by which the taxpayer’s capital gains from dispositions of property in the period exceed the taxpayer’s capital losses from dispositions of property in the period;

(b)  the net capital losses of the taxpayer from dispositions of property in a period is the amount by which the taxpayer’s capital losses from dispositions of property in the period exceed the taxpayer’s capital gains from dispositions of property in the period;

(c)  the net amount included as a capital gain of the taxpayer for a taxation year from a disposition to which section 231.1, as it read before being repealed, or section 231.2 applies is deemed to be equal to 1/2 of the capital gain;

(d)  the net amount included as a capital gain of the taxpayer for a particular taxation year from a disposition of property in a preceding taxation year as a consequence of the application of the second paragraph of section 234 is deemed to be a capital gain of the taxpayer from a disposition of property on the first day of the particular year;

(e)  each capital loss that is a business investment loss shall be determined without reference to sections 264.4 and 264.5;

(f)  where an amount is included in computing the income of the taxpayer for the year by reason of section 485.13 in respect of a commercial obligation that is settled, the amount that would be determined by the formula provided for in the first paragraph of that section in respect of the obligation, if the value of E in that formula were 1, is deemed to be a capital gain of the taxpayer from a disposition of property on the day on which the settlement occurs;

(g)  the capital gains and losses of the taxpayer from dispositions of property, other than taxable Canadian property, while the taxpayer is not resident in Canada are deemed to be nil;

(h)  where an election is made by a taxpayer for a year under paragraph d of section 668.5 or any of sections 668.6, 1106.0.3, 1106.0.5, 1113.3, 1113.4, 1116.3 and 1116.5, the portion of the taxpayer’s net capital gains for the year that are to be treated as being in respect of capital gains from dispositions of property that occurred in a particular period in the year is that proportion of those net capital gains that the number of days in the particular period is of the number of days in the year;

(i)  where the election made for the year under paragraph d of section 668.5, or section 668.6, was made by a personal trust, the portion of the taxpayer’s net capital gains for the year that are to be treated as being in respect of capital gains from dispositions of property that occurred in a particular period in the year is that proportion of those net capital gains that the number of days in the particular period is of the number of days that are in all periods in the year in which a net gain was realized;

(j)  where an amount is designated under section 668 in respect of a beneficiary by a trust in respect of the net taxable capital gains of the trust for a taxation year of the trust and the trust does not elect under paragraph d of section 668.5, for the year, the deemed gains of the beneficiary referred to in section 668.5 are deemed to have been realized in each period in the year in a proportion that is equal to the same proportion that the net capital gains of the trust realized by the trust in that period is of the aggregate of the net capital gains realized by the trust in the year;

(k)  where in the course of administering the estate of a deceased taxpayer, a capital loss from a disposition of property by the legal representative of the deceased taxpayer is deemed under paragraph a of section 1054 to be a capital loss of the deceased taxpayer from the disposition of property by the taxpayer in the taxpayer’s last taxation year and not to be a capital loss of the estate, the capital loss is deemed to be from the disposition of a property by the taxpayer immediately before the taxpayer’s death ;

(l)  each capital gain referred to in paragraph a of section 668.5 in respect of a beneficiary shall be determined as if no amount had been claimed by the beneficiary for the purposes of that paragraph;

(m)  where no capital gains are realized or capital losses sustained in a period, the amount of net capital gains or losses for that period is deemed to be nil;

(n)  the net amount included as a capital gain of a taxpayer for a taxation year because of the granting of an option in respect of which section 294 applies is deemed to be a capital gain of the taxpayer from a disposition of property on the day on which the option was granted;

(o)  the net amount included under section 295 as a capital gain of a corporation for a taxation year because of the expiration of an option that was granted by the corporation is deemed to be a capital gain of the corporation from a disposition of property on the day on which the option expired;

(p)  the net amount included under section 295.1 as a capital gain of a trust for a taxation year because of the expiration of an option that was granted by the trust is deemed to be a capital gain of the trust from a disposition of property on the day on which the option expired; and

(q)  the net amount included as a capital gain of a taxpayer for a taxation year by reason of sections 296 and 296.1 is deemed to be a capital gain of the taxpayer from a disposition of property on the day on which the option was exercised.

2003, c. 2, s. 67; 2004, c. 8, s. 40.

231.1. (Repealed).

2001, c. 51, s. 30; 2003, c. 2, s. 68; 2004, c. 8, s. 41.

231.2. The taxable capital gain of a taxpayer for a taxation year from the disposition of a property is equal to zero if the disposition is

(a)  a gift made to a qualified donee of a property that is

i.  a share, debt obligation or right listed on a designated stock exchange,

ii.  a share of the capital stock of a mutual fund corporation,

iii.  a unit of a mutual fund trust,

iv.  an interest in a trust created in respect of a segregated fund within the meaning of section 851.2, or

v.  a bond, debenture, note, hypothecary claim, mortgage or similar obligation, either issued or guaranteed by the Government of Canada, or issued by the government of a province or its mandatary;

(b)  a gift made to a qualified donee, other than a private foundation, of a property that is a property described, in respect of the taxpayer, in section 710.0.1 or in the definition of “qualified property” in the first paragraph of section 752.0.10.1;

(c)  a deemed disposition by reason of the application of Division III of Chapter III of Title VII, the property is that of a deceased individual and the individual is deemed, pursuant to section 752.0.10.10, to have made a gift referred to in paragraph a or b in respect of the property; or

(d)  the exchange, for a property described in paragraph a, of a share of the capital stock of a corporation, which share included, at the time it was issued and at the time of the disposition, a condition allowing the holder to exchange it for the property, and the taxpayer

i.  receives no consideration on the exchange other than the property, and

ii.  makes a gift of the property to a qualified donee not more than 30 days after the exchange.

2003, c. 2, s. 69; 2004, c. 8, s. 42; 2005, c. 1, s. 74; 2006, c. 36, s. 29; 2009, c. 15, s. 63; 2010, c. 5, s. 24; 2010, c. 25, s. 21.

231.2.1. A taxpayer’s taxable capital gain for a taxation year, from the disposition of an interest in a partnership (other than a prescribed interest) that would be an exchange described in paragraph d of section 231.2 if the interest were a share in the capital stock of a corporation, is equal to the lesser of

(a)  that taxable capital gain determined without reference to this section; and

(b)  the amount determined by the formula

(A - B)/2.

In the formula in subparagraph b of the first paragraph,

(a)  A is the aggregate of the cost to the taxpayer of the partnership interest and of each amount required by subparagraph iv or x of paragraph i of section 255 to be added in computing the adjusted cost base to the taxpayer of the partnership interest;

(b)  B is the adjusted cost base to the taxpayer of the partnership interest determined without reference to subparagraphs iv and v of paragraph l of section 257.

2009, c. 15, s. 64.

231.3. For the purposes of section 231.1, as it read before being repealed, and section 231.2, where the taxation year of the donor includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the fraction “1/4” in the portion before paragraph a of either of those sections shall be replaced by the fraction obtained by multiplying the fraction in paragraphs a to d of section 231.0.1 that applies to the donor for the year by 1/2.

2003, c. 2, s. 69; 2004, c. 8, s. 43.

231.4. If a taxpayer is entitled to an amount of an advantage in respect of a gift of a property described in section 231.2, the following rules apply:

(a)  that section applies only to that proportion of the taxpayer’s capital gain in respect of the gift that the eligible amount of the gift is of the taxpayer’s proceeds of disposition in respect of the gift; and

(b)  section 231 applies to the extent that the taxpayer’s capital gain in respect of the gift exceeds the amount of the capital gain to which section 231.2 applies.

2009, c. 5, s. 77.

231.5. For the purposes of section 231.2, if a gift is made to a private foundation after 18 March 2007 and subsection 8 of section 149.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies to the foundation in respect of a class of shares of the capital stock of a corporation, the portion of paragraph a of section 231.2 before subparagraph i is to be read as if “, other than a private foundation,” was inserted after “qualified donee”.

2009, c. 15, s. 65.

232. A capital gain or a capital loss arises from the disposition of any property other than the following property:

(a)  incorporeal capital property;

(b)  a timber resource property;

(c)  a Canadian resource property;

(d)  a foreign resource property;

(e)  an insurance policy, including a life insurance policy, except for that part of a life insurance policy in respect of which a policyholder is deemed by section 851.11 to have an interest in a related segregated fund trust contemplated in section 851.2;

(f)  an interest of a beneficiary under an environmental trust; or

(g)  a property in respect of whose disposition any of sections 851.22.11, 851.22.13 and 851.22.14 applies.

However, subject to the fourth paragraph, the disposition of a cultural property described in the third paragraph, the disposition of the bare ownership of such property made in the course of a recognized gift with reserve of usufruct or use or the disposition of a musical instrument resulting from a gift described in paragraph e of section 710 or in the definition of “total musical instrument gifts” in the first paragraph of section 752.0.10.1 does not give rise to a capital gain and the disposition of depreciable property does not give rise to a capital loss.

A cultural property to which the second paragraph refers is any of the following properties:

(a)  a property which complies with the criteria of significance and importance set out in subsection 3 of section 29 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51) as determined by the Canadian Cultural Property Export Review Board, and that has been disposed of to an institution or a public authority in Canada which is, at the time of disposition, designated under subsection 2 of section 32 of that Act for general purposes or for a specified purpose related to that property;

(b)  a property that is recognized, at the time of disposition, in accordance with section 16 of the Cultural Property Act (chapter B-4) or classified in accordance with sections 24 to 29 of that Act and that has been disposed of to an institution or a public authority referred to in subparagraph a; and

(c)  a property that is the object of a certificate issued by the Commission des biens culturels du Québec to the effect that it was acquired by a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44), a certified archival centre or a recognized museum in accordance with its acquisition and conservation policy and the directives of the Ministère de la Culture et des Communications.

The second paragraph does not apply in respect of a property of the taxpayer that was a gift referred to in section 752.0.10.10 and made to an institution or a public authority referred to in subparagraph a of the third paragraph, to a certified archival centre, to a recognized museum or to an entity referred to in any of paragraphs a to e of the definition of “total musical instrument gifts” in the first paragraph of section 752.0.10.1, and which was not vested in that donee within the 36-month period following the death of the taxpayer or, if the taxpayer’s legal representative so requests in writing to the Minister before the expiry of such period, within such longer period as the Minister considers reasonable.

1972, c. 23, s. 219; 1975, c. 22, s. 35; 1978, c. 26, s. 39; 1984, c. 15, s. 53; 1985, c. 25, s. 39; 1986, c. 19, s. 40; 1987, c. 67, s. 54; 1996, c. 39, s. 62; 2000, c. 5, s. 293; 2003, c. 9, s. 21; 2005, c. 1, s. 75; 2006, c. 36, s. 30; 2010, c. 25, s. 22.

232.1. A business investment loss arises from the disposition after 31 December 1977 of any property that is a share of the capital stock of a small business corporation or a debt owing by such a corporation or by a particular corporation described in the third paragraph, other than a debt disposed of by a corporation which is owed to the latter by a corporation with which it does not deal at arm’s length.

However, the disposition of property gives rise to a business investment loss only if section 299 applies to the disposition or if the disposition of property is made by a taxpayer in favour of a person with whom he deals at arm’s length.

The particular corporation referred to in the first paragraph is a Canadian-controlled private corporation that is

(a)  a bankrupt that was a small business corporation at the time it last became a bankrupt, or

(b)  a corporation referred to in section 6 of the Winding-up Act (Revised Statutes of Canada, 1985, chapter W-11) that was insolvent, within the meaning of the said Act, and was a small business corporation at the time a winding-up order under the said Act was made in its respect.

1979, c. 18, s. 16; 1982, c. 5, s. 54; 1987, c. 67, s. 55; 1993, c. 16, s. 108; 1996, c. 39, s. 273; 1997, c. 3, s. 23.

232.1.1. For the purposes of sections 232.1 and 236.1, the expression “small business corporation” at any particular time includes a corporation that was at any time in the 12 months preceding that time a small business corporation.

1988, c. 18, s. 14; 1997, c. 3, s. 71.

232.1.2. For the purposes of sections 232.1 and 236.1, where an amount in respect of a debt owed by a corporation has been paid by a taxpayer to a person with whom the taxpayer was dealing at arm’s length pursuant to an arrangement under which the taxpayer guaranteed the debt, and the corporation was a small business corporation at the time the debt was incurred and at any time in the 12 months before the time an amount first became payable by the taxpayer under the arrangement in respect of a debt owed by the corporation, that part of the amount that is owing to the taxpayer by the corporation is deemed to be a debt owing to the taxpayer by a small business corporation.

1993, c. 16, s. 109; 1997, c. 3, s. 71.

233. An amount shall not constitute a capital gain, a capital loss or a business investment loss to the extent that it must otherwise be included or may otherwise be deducted in computing the income of the taxpayer for the year or any other year.

1972, c. 23, s. 220; 1979, c. 18, s. 17.

234. Unless otherwise provided in this Part, the gain from the disposition of property shall be computed by subtracting from the proceeds of disposition the aggregate of

(a)  the adjusted cost base of that property immediately before the disposition and the expenses made or incurred by the taxpayer for the purpose of making the disposition; and

(b)  subject to section 234.1, an amount as a reserve that is equal to the least of

i.  a reasonable amount as a reserve in respect of the portion of the proceeds of disposition of the property that is payable to the taxpayer after the end of the year and that can reasonably be regarded as a portion of the amount by which the proceeds of disposition of the property exceed the aggregate of the amounts referred to in subparagraph a in respect of the property,

ii.  an amount equal to the product obtained by multiplying 1/5 of the amount by which the proceeds of disposition of the property exceed the aggregate of the amounts referred to in subparagraph a in respect of the property by the amount by which four exceeds the number of preceding taxation years of the taxpayer ending after the disposition of the property, and

iii.  the amount allowed as a deduction for the year under subparagraph iii of paragraph a of subsection 1 of section 40 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in computing, for the purposes of that Act, the taxpayer’s gain for the year from that disposition or, if the amount that is so allowed as a deduction is equal to the maximum amount that the taxpayer may claim as a deduction in that computation under that subparagraph iii in respect of the disposition, the amount that the taxpayer specifies and that is not less than that maximum amount.

In each subsequent year, the taxpayer shall regard as a gain the amount of the reserve established under subparagraph b of the first paragraph for the preceding year and claim an amount as a new reserve, without exceeding the amount of that gain, computed in accordance with that paragraph.

Sections 21.4.6 and 21.4.7 apply, with the necessary modifications, in relation to a deduction claimed under subparagraph iii of paragraph a of subsection 1 of section 40 of the Income Tax Act.

1972, c. 23, s. 221; 1975, c. 22, s. 36; 1984, c. 15, s. 54; 1996, c. 39, s. 63; 1997, c. 14, s. 52; 1997, c. 85, s. 57; 2010, c. 5, s. 25.

234.0.1. A taxpayer’s gain for a particular taxation year from a disposition of a non-qualifying security of the taxpayer, as defined in the first paragraph of section 752.0.10.1, that is the making of a gift of the security, other than an excepted gift within the meaning assigned by that paragraph, to a qualified donee is equal to the amount by which

(a)  an amount equal to

i.  where the disposition occurred in the particular taxation year, the amount by which the taxpayer’s proceeds of disposition exceed the aggregate of the adjusted cost base to the taxpayer of the security immediately before the disposition and any outlays and expenses made or incurred by the taxpayer for the purpose of making the disposition, and

ii.  where the disposition occurred in the 60-month period ending at the beginning of the particular taxation year, the amount, if any, deducted under paragraph b in computing the taxpayer’s gain for the preceding taxation year from the disposition of the security; exceeds

(b)  the amount that the taxpayer claims as a deduction in the prescribed form filed with the taxpayer’s fiscal return for the particular taxation year, not exceeding the eligible amount of the gift, if the taxpayer is not deemed under section 752.0.10.16 to have made a gift of a property before the end of the particular taxation year as a consequence of a disposition of the security by the donee or as a consequence of the security ceasing to be a non-qualifying security of the taxpayer before the end of that year.

1999, c. 83, s. 49; 2003, c. 2, s. 70; 2009, c. 5, s. 78.

234.1. In computing the amount that a taxpayer may deduct as a reserve under subparagraph b of the first paragraph of section 234 in computing the taxpayer’s gain from the disposition of a property, that subparagraph is to be read as if “1/5” and “4” were replaced by “1/10” and “9”, respectively, if

(a)  the property was disposed of by the taxpayer to the taxpayer’s child;

(b)  that child was resident in Canada immediately before the disposition; and

(c)  that property was, immediately before the disposition,

i.  land in Canada or a depreciable property in Canada of a prescribed class that was used by the taxpayer or the spouse, a child or the father or mother of the taxpayer in carrying on a farming or fishing business in Canada,

ii.  a share of the capital stock of a family farm corporation of the taxpayer within the meaning of subparagraph a of the first paragraph of section 451 or an interest in a family farm partnership of the taxpayer within the meaning of subparagraph f of that paragraph,

iii.  a qualified small business corporation share of the taxpayer within the meaning of section 726.6.1, or

iv.  a share of the capital stock of a family fishing corporation of the taxpayer within the meaning of subparagraph a.1 of the first paragraph of section 451 or an interest in a family fishing partnership of the taxpayer within the meaning of subparagraph g of that first paragraph.

1984, c. 15, s. 55; 1987, c. 67, s. 56; 1997, c. 3, s. 71; 1997, c. 14, s. 53; 2004, c. 8, s. 44; 2007, c. 12, s. 43; 2010, c. 5, s. 26.

235. A taxpayer may not deduct the reserve established under section 234 for a taxation year if

(a)  at the end of the year or at any time in the following taxation year, the taxpayer is not resident in Canada or is exempt from tax under this Part;

(b)  the purchaser of the property sold is a corporation that, immediately after the sale,

i.  is controlled, directly or indirectly, in any manner whatever, by the taxpayer,

ii.  is controlled, directly or indirectly, in any manner whatever, by a person or group of persons by whom the taxpayer is controlled, directly or indirectly, in any manner whatever, or

iii.  if the taxpayer is a corporation, controls the taxpayer, directly or indirectly, in any manner whatever; or

(c)  the purchaser of the property sold is a partnership in which the taxpayer is, immediately after the sale, a majority-interest partner.

1975, c. 22, s. 37; 1990, c. 59, s. 113; 1997, c. 3, s. 71; 2009, c. 5, s. 79; 2010, c. 5, s. 27.

236. The loss from the disposition of a property shall be computed by subtracting the proceeds of disposition of that property from the aggregate of the adjusted cost base of such property immediately before the disposition and the expenses made or incurred by the taxpayer for the purposes of the disposition.

1972, c. 23, s. 222.

236.1. A business investment loss, in the case of a share referred to in the first paragraph of section 232.1, is computed by subtracting from the loss determined in accordance with this Title the amount that must be added after 1977 by virtue of the application of paragraph b of section 535 in computing the adjusted cost base of the share or of any other share, in this paragraph referred to as a “replaced share”, for which the share or a replaced share was substituted or exchanged.

In the case of a share that is not a share that was acquired after 31 December 1971 from a person with whom the taxpayer was dealing at arm’s length, but that is a share referred to in the first paragraph of section 232.1 that was issued before 1 January 1972 or a share, in this paragraph and in the third paragraph referred to as a “substituted share”, that was substituted or exchanged for such a share issued before 1 January 1972 or for a substituted share, the aggregate of all amounts that the taxpayer, his spouse or a trust of which the taxpayer or his spouse was a beneficiary received after 31 December 1971 and before or upon the disposition of the share as a taxable dividend on the share or on any other share in respect of which the share disposed of is a substituted share or which are receivable as such by one of such persons at the time of the disposition of the share must also be deducted from the loss determined in accordance with this Title.

Furthermore, where the taxpayer is a trust to which subparagraph a of the first paragraph of section 653 applies and the share is a share referred to in the second paragraph, the aggregate of all amounts each of which is an amount received after 31 December 1971 by the settlor, within the meaning of the first paragraph of section 658, or his spouse, as a taxable dividend on that share or on any other share in respect of which the share disposed of is a substituted share or which are receivable as such by one of such persons at the time of the disposition of the share must also be deducted from the loss determined in accordance with this Title.

Lastly, a business investment loss is computed by subtracting the amount determined in respect of the taxpayer under section 264.4 or 264.5, as the case may be.

1979, c. 18, s. 18; 1980, c. 13, s. 17; 1982, c. 5, s. 55; 1986, c. 19, s. 41; 1987, c. 67, s. 57; 1994, c. 22, s. 122; 1997, c. 31, s. 37; 2000, c. 5, s. 61.

236.2. Where the taxpayer is a corporation, its loss from the disposition at a particular time in a taxation year of shares of the capital stock of a corporation, in this section referred to as the “controlled corporation”, that was controlled, directly or indirectly in any manner whatever, by the taxpayer at any time in the year, is its loss otherwise determined from that disposition less the amount by which the amount determined in the second paragraph exceeds the aggregate of the amounts by which the taxpayer’s losses have been reduced by virtue of this section in respect of dispositions before the particular time of shares of the capital stock of the controlled corporation.

The amount to which the first paragraph refers is the aggregate of all amounts added under paragraph c.1 of section 255 to the cost to a corporation, other than the controlled corporation, of property disposed of to that corporation by the controlled corporation that were added to the cost of the property during the period while the controlled corporation was controlled by the taxpayer and that can reasonably be attributed to losses on the property that accrued during the period while the controlled corporation was controlled by the taxpayer.

1980, c. 13, s. 18; 1990, c. 59, s. 114; 1997, c. 3, s. 71; 2000, c. 5, s. 62.

236.3. For the purposes of section 236.2, where, in the case of an amalgamation within the meaning of section 544 of several corporations, a particular corporation was controlled, directly or indirectly in any manner whatever, by a predecessor corporation immediately before the amalgamation, and has become so controlled by the new corporation by virtue of the amalgamation, the new corporation is deemed to have acquired control of the particular corporation at the time control thereof was acquired by the predecessor corporation.

1980, c. 13, s. 18; 1990, c. 59, s. 114; 1997, c. 3, s. 71.

237. The loss of a taxpayer from the disposition of a particular property is not allowable where

(a)  during the period that begins 30 days before and ends 30 days after the time of disposition, the taxpayer or a person affiliated with the taxpayer acquires a property, in this section referred to as the “substituted property”, that is, or is identical to, the particular property; and

(b)  at the end of the 30 days following the time of disposition, the taxpayer or a person affiliated with the taxpayer owns or has a right to acquire the substituted property.

For the purposes of the first paragraph,

(a)  a right to acquire a property (other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation) is deemed to be a property that is identical to the property; and

(b)  a share of the capital stock of a SIFT wind-up corporation in respect of a SIFT wind-up entity is, if the share was acquired before 1 January 2013, deemed to be a property that is identical to an interest in the entity that is an investment in a SIFT wind-up entity.

1972, c. 23, s. 223; 1975, c. 22, s. 38; 1977, c. 26, s. 22; 1990, c. 59, s. 115; 1997, c. 3, s. 71; 2000, c. 5, s. 63; 2005, c. 1, s. 76; 2010, c. 25, s. 23.

238. Section 237 does not apply where the disposition is

(a)  a disposition deemed under section 242 as it read before 1 January 1993, any of sections 281, 283, 299 to 300, 436, 440, 444, 450, 450.6 and 653, Chapter I of Title I.1 of Book VI, paragraph f of section 785.5 or any of sections 832.1, 851.22.15, 851.22.23 to 851.22.31, 861, 862 and 999.1 to have been made;

(b)  the expiry of an option;

(c)  a disposition referred to in section 264.0.1;

(d)  a disposition by a corporation the control of which was acquired by a person or group of persons within 30 days after the time of disposition;

(e)  a disposition by a person that, within 30 days after the time of disposition, became or ceased to be exempt from tax under this Part on its taxable income; or

(f)  a disposition to which section 238.1 or the second paragraph of section 424 applies.

1972, c. 23, s. 224; 1975, c. 22, s. 39; 1984, c. 15, s. 56; 1985, c. 25, s. 40; 1987, c. 67, s. 58; 1995, c. 49, s. 58; 1996, c. 39, s. 64; 2000, c. 5, s. 63; 2004, c. 8, s. 45; 2009, c. 5, s. 80; 2010, c. 25, s. 24.

238.1. The rules in the second paragraph apply where

(a)  a corporation, trust or partnership, in this section referred to as the “transferor”, disposes of a particular capital property, other than depreciable property of a prescribed class, otherwise than in a disposition described in any of paragraphs a to e of section 238;

(b)  during the period that begins 30 days before and ends 30 days after the time of disposition, the transferor or a person affiliated with the transferor acquires a property, in this section referred to as the “substituted property”, that is, or is identical to, the particular capital property; and

(c)  at the end of the 30 days following the time of disposition, the transferor or a person affiliated with the transferor owns the substituted property.

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

(a)  the transferor’s loss from the disposition is not allowable;

(b)  the amount of the transferor’s loss from the disposition, determined without reference to this paragraph and sections 237, 240, 241 and 288, is deemed to be a loss of the transferor from a disposition of the particular capital property at the time that is immediately before the first time, after the time of disposition,

i.  at which a 30-day period begins throughout which neither the transferor nor a person affiliated with the transferor owns the substituted property, or a property that is identical to the substituted property and that was acquired after the day that is 31 days before the period begins,

ii.  at which the substituted property would, if it were owned by the transferor, be deemed under Chapter I of Title I.1 of Book VI or section 999.1 to have been disposed of by the transferor,

iii.  that is immediately before control of the transferor is acquired by a person or group of persons, where the transferor is a corporation,

iv.  at which the transferor or a person affiliated with the transferor is deemed under Division XII of Chapter IV to have disposed of the substituted property, where the substituted property is a debt or a share of the capital stock of a corporation, or

v.  at which the winding-up of the transferor begins, other than a winding-up referred to in section 556, where the transferor is a corporation; and

(c)  for the purposes of subparagraph b, where a partnership otherwise ceases to exist at any time after the time of disposition,

i.  the partnership is deemed not to have ceased to exist until the time that is immediately after the first time described in subparagraphs i to v of subparagraph b, and

ii.  each person who was a member of the partnership immediately before the partnership would, but for this paragraph, have ceased to exist is deemed to remain a member of the partnership, until the time that is immediately after the first time described in subparagraphs i to v of subparagraph b.

2000, c. 5, s. 64; 2004, c. 8, s. 46.

238.2. For the purposes of section 238.1,

(a)  a right to acquire a property, other than a right, as security only, derived from a hypothec, mortgage, agreement of sale or similar obligation, is deemed to be a property that is identical to the property;

(b)  a share of the capital stock of a corporation that is acquired in exchange for another share in a transaction is deemed to be a property that is identical to the other share if

i.  Division XIII of Chapter IV or Chapter V or VI of Title IX applies to the transaction, or

ii.  the following conditions are met:

(1)  Division VI of Chapter IV of Title IX applies to the transaction,

(2)  the second paragraph of section 238.1 applied to a prior disposition of the other share, and

(3)  none of the times described in any of subparagraphs i to v of subparagraph b of the second paragraph of section 238.1 has occurred in respect of the prior disposition;

(b.1)  a share of the capital stock of a SIFT wind-up corporation in respect of a SIFT wind-up entity is, if the share was acquired before 1 January 2013, deemed to be a property that is identical to an interest in the entity that is an investment in a SIFT wind-up entity;

(c)  where section 238.1 applies in respect of the disposition by a person or partnership of a share of the capital stock of a corporation, and after the disposition the corporation is merged with one or more other corporations, otherwise than in a transaction in respect of which paragraph b applies to the share, or is wound up in a winding-up referred to in section 556, the corporation formed on the merger or the parent, within the meaning of that section 556, as the case may be, is deemed to own the share while it is affiliated with the person or partnership; and

(d)  where section 238.1 applies to the disposition by a person or partnership of a share of the capital stock of a corporation, and after the disposition the share is redeemed, acquired or cancelled by the corporation, otherwise than in a transaction in respect of which paragraph b or c applies to the share, the person or partnership is deemed to own the share while the corporation is affiliated with the person or partnership.

2000, c. 5, s. 64; 2005, c. 1, s. 77; 2009, c. 5, s. 81; 2010, c. 25, s. 25.

238.3. Where at a particular time a taxpayer disposes, to a corporation that is affiliated with the taxpayer immediately after the disposition, of a share of a class of the capital stock of the corporation, other than a share that is a distress preferred share within the meaning of section 485, the following rules apply:

(a)  the taxpayer’s loss from the disposition is not allowable; and

(b)  in computing the adjusted cost base to the taxpayer after the particular time of a share of a class of the capital stock of the corporation owned by the taxpayer immediately after the particular time, the taxpayer shall add the proportion of the amount of the taxpayer’s loss from the disposition, determined without reference to this section and sections 237, 240, 241 and 288, that

i.  the fair market value, immediately after the particular time, of the share is of

ii.  the fair market value, immediately after the particular time, of all shares of the capital stock of the corporation owned by the taxpayer.

2000, c. 5, s. 64.

238.3.1. If all or any portion of the capital loss of the succession of a deceased taxpayer, computed without reference to sections 238.1 and 238.3, from the disposition of a share of the capital stock of a corporation is, because of section 1054, considered to be a capital loss of the deceased taxpayer from the disposition of the share, sections 238.1 and 238.3 apply to the succession in respect of the loss only to the extent that the amount of the loss exceeds the portion of the loss that is determined under subparagraph a of the first paragraph of section 1054.

2005, c. 38, s. 64; 2009, c. 5, s. 82.

238.4. For the application of sections 638.1, 686, 741 to 742.3 and 745 in computing the individual’s loss from the disposition of property after having ceased to be resident in Canada, the following rules apply:

(a)  the individual is deemed to be a corporation in respect of dividends received by the individual at a particular time that is after the time at which the individual last acquired the property and at which the individual was not resident in Canada; and

(b)  each taxable dividend received by the individual at a particular time described in paragraph a is deemed to be a taxable dividend that was received by the individual and that was deductible in computing the individual’s taxable income or taxable income earned in Canada under sections 738 to 745 for the taxation year that includes the particular time.

2004, c. 8, s. 47.

239. (Repealed).

1972, c. 23, s. 225; 1990, c. 59, s. 116; 1997, c. 3, s. 71; 2000, c. 5, s. 65.

240. A loss from the disposition of a debt or of any other right to receive an amount shall not be allowed unless the taxpayer has acquired such debt or right to produce or gain income from a business or property other than exempt income or as consideration for the disposition of capital property to a person with whom he was dealing at arm’s length.

1972, c. 23, s. 226.

241. A loss from the disposition of a property shall not be allowed where the disposition was in favour of

(a)  a trust governed by a registered retirement income fund, a deferred profit sharing plan, a profit sharing plan, a registered disability savings plan or a tax-free savings account under which the taxpayer is a beneficiary or immediately after the disposition becomes a beneficiary; or

(b)  a trust governed by a registered retirement savings plan under which the taxpayer or the taxpayer’s spouse is an annuitant or becomes, within 60 days after the end of the year, an annuitant.

1977, c. 26, s. 23; 1978, c. 26, s. 40; 1979, c. 18, s. 19; 1991, c. 25, s. 58; 2003, c. 2, s. 71; 2009, c. 15, s. 66.

241.0.1. A loss incurred by a taxpayer following the disposition, at a particular time, of a share of the capital stock of a corporation that was at any time a prescribed corporation or a share of the capital stock of a taxable Canadian corporation that was held in a prescribed stock savings plan, or of a property substituted for such share shall be deemed to be the amount, if any, by which

(a)  the loss otherwise determined, exceeds

(b)  the amount, if any, by which the amount of prescribed assistance that the taxpayer, or a person on with whom the taxpayer was not dealing at arm’s length, received or is entitled to receive in respect of the share exceeds any loss otherwise determined from the disposition of the share or of the property substituted for the share before the particular time by the taxpayer or the person.

1986, c. 15, s. 53; 1989, c. 77, s. 23; 1995, c. 49, s. 59; 1997, c. 3, s. 71.

241.0.2. A loss incurred by an individual following the disposition, at a particular time, of a share of the capital stock of the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1) is deemed to be equal to the amount by which the amount of the individual’s loss otherwise determined exceeds the amount by which the amount that the individual or a person with whom the individual was not dealing at arm’s length deducted in respect of the share under section 776.1.5.0.11, exceeds the aggregate of

(a)  the amount of tax that the individual is required to pay, where applicable, under section 1129.27.6 following the redemption or purchase of the share; and

(b)  the amount of any other loss otherwise determined from the disposition of the share before the particular time by a person with whom the individual was not dealing at arm’s length.

2002, c. 9, s. 9.

241.1. (Repealed).

1985, c. 25, s. 41; 1987, c. 67, s. 59.

241.2. (Repealed).

1985, c. 25, s. 41; 1987, c. 67, s. 59.

242. (Repealed).

1972, c. 23, s. 227; 1973, c. 17, s. 22; 1985, c. 25, s. 42; 1987, c. 67, s. 60; 1995, c. 49, s. 60.

243. (Repealed).

1972, c. 23, s. 228; 1973, c. 17, s. 22; 1995, c. 49, s. 60.

244. (Repealed).

1973, c. 17, s. 22; 1987, c. 67, s. 61.

245. (Repealed).

1973, c. 17, s. 22; 1987, c. 67, s. 62; 1995, c. 49, s. 60.

246. (Repealed).

1973, c. 17, s. 22; 1975, c. 22, s. 40; 1995, c. 49, s. 60.

247. (Repealed).

1972, c. 23, s. 229; 1973, c. 17, s. 22; 1995, c. 49, s. 60.

247.1. (Repealed).

1984, c. 15, s. 57; 1995, c. 49, s. 60.

247.2. Where, at any time in a taxation year, an individual owns capital property that is a share of a class of the capital stock of a corporation that, at that time, is a small business corporation and, immediately after that time, ceases to be a small business corporation because a class of the shares of its capital stock or the capital stock of another corporation is listed on a designated stock exchange and the individual makes a valid election under subsection 1 of section 48.1 of the Income Tax Act (R.S.C., 1985, c. 1, (5th Suppl.)) in respect of the share, the individual is deemed, except for the purposes of Division VI of Chapter II of Title II, Division IX of Chapter V of Title III and section 725.3,

(a)  to have disposed of the share at that time for proceeds of disposition equal to the greater of

i.  the adjusted cost base to the individual of the share at that time, and

ii.  such amount as is designated under subparagraph ii of paragraph c of subsection 1 of section 48.1 of the Income Tax Act in respect of the share, not exceeding the fair market value of the share at that time, and

(b)  to have reacquired the share immediately after that time at a cost equal to the proceeds of disposition determined under paragraph a.

1993, c. 16, s. 110; 1997, c. 3, s. 71; 2001, c. 7, s. 30; 2003, c. 2, s. 72; 2010, c. 5, s. 28.

247.2.1. An individual who makes a valid election under subsection 1 of section 48.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of a share referred to in section 247.2, shall file with the Minister the prescribed form along with a copy of every document sent to the Minister of National Revenue in connection with that election and, as the case may be, an estimate by the individual of the penalty under section 247.5.

2003, c. 2, s. 73.

247.3. (Repealed).

1993, c. 16, s. 110; 1997, c. 31, s. 38; 2003, c. 2, s. 74.

247.4. (Repealed).

1993, c. 16, s. 110; 2003, c. 2, s. 74.

247.5. For the purposes of section 247.2.1, where an individual makes a valid election for a taxation year in respect of a share, under subsection 1 of section 48.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and the individual files with the Minister, after the individual’s filing-due date for the year, the prescribed form along with a copy of every document sent to the Minister of National Revenue in connection with that election, the individual is required to pay a penalty equal to the lesser of

(a)  0.25% of the amount by which the proceeds of disposition, determined under section 247.2, of the share exceed the amount referred to in subparagraph i of paragraph a of that section in respect of the share, for each month or part of a month during the period beginning on the individual’s filing-due date for the year and ending on the day on which the prescribed form and required documents are filed with the Minister; and

(b)  an amount equal to the product obtained by multiplying $100 by the number of months each of which is a month all or part of which is during the period referred to in paragraph a.

1993, c. 16, s. 110; 2003, c. 2, s. 75.

247.6. The Minister shall examine with dispatch the prescribed form and documents sent to the Minister under section 247.2.1, assess the penalty payable and send a notice of assessment to the individual, who shall pay forthwith to the Minister any unpaid balance of the penalty.

1993, c. 16, s. 110; 2003, c. 2, s. 76.

CHAPTER II DEFINITION OF CERTAIN EXPRESSIONS

1972, c. 23.

DIVISION I DISPOSITION OF PROPERTY

1972, c. 23.

248. For the purposes of this Title, the disposition of property includes, except as expressly otherwise provided,

(a)  any transaction or event entitling to proceeds of disposition of the property;

(b)  any transaction or event by which,

i.  where the property is a share, bond, debenture, bill, mortgage created under the jurisdiction of a province other than Québec, agreement of sale or other similar property, or an interest in it, the property is in whole or in part redeemed, acquired or cancelled,

ii.  where the property is a debt or any other right to receive an amount, the debt or other right is settled or cancelled,

iii.  where the property is a share, the share is converted because of an amalgamation or merger,

iv.  where the property is an option to acquire or dispose of property, the option expires, and

v.  a trust, that can reasonably be considered to act as agent or mandatary for all the beneficiaries under the trust with respect to all dealings with all of the trust’s property, ceases to act as agent or mandatary for a beneficiary under the trust in respect of any dealing with any of the trust’s property, unless the trust is described in any of subparagraphs a to d of the third paragraph of section 647;

(c)  any transfer of the property to a trust or, where the property is property of a trust, any transfer of the property to any beneficiary under the trust, except as provided by subparagraphs b and g of the second paragraph; and

(d)  where the property is, or is part of, a taxpayer’s capital interest in a trust, a payment after 31 December 1999 to the taxpayer from the trust that can reasonably be considered to have been made because of the taxpayer’s capital interest in the trust, except as provided by subparagraphs d and e of the second paragraph.

The disposition of property does not include

(a)  any transfer of the property as a consequence of which there is no change in the beneficial ownership of the property, except where the transfer is

i.  from a person or a partnership to a trust for the benefit of the person or the partnership,

ii.  from a trust to a beneficiary under the trust, or

iii.  from one trust maintained for the benefit of one or more beneficiaries under the trust to another trust maintained for the benefit of the same beneficiaries;

(b)  any transfer of the property as a consequence of which there is no change in the beneficial ownership of the property, where

i.  the transferor and the transferee are trusts that are, at the time of the transfer, resident in Canada,

ii.  (subparagraph repealed);

iii.  the transferee does not receive the property as consideration for the transferee’s right as a beneficiary under the transferor trust,

iv.  the transferee holds no property immediately before the transfer, other than property the cost of which is not included, for the purposes of this Part, in computing a balance of undeducted outlays, expenses or other amounts in respect of the transferee,

v.  the transferee is not a transferee who, in relation to the transfer, makes a valid election under subparagraph v of paragraph f of the definition of “disposition” in subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in order to avoid the application of that paragraph f;

vi.  if the transferor is an amateur athlete trust, a cemetery care trust, an employee trust, a trust referred to in section 851.25, a segregated fund trust referred to in section 851.2, a trust described in paragraph c.4 of section 998 or a trust governed by an eligible funeral arrangement, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account, the transferee is the same type of trust, and

vii.  the transfer results, or is part of a series of transactions or events that results, in the transferor ceasing to exist and, immediately before the time of the transfer or the beginning of that series, as the case may be, the transferee never held any property or held only property having a nominal value;

(c)  (subparagraph repealed);

(d)  where the property is part of a capital interest of a taxpayer in a trust, other than a personal trust or a trust prescribed for the purposes of section 688, that is described by reference to units issued by the trust, a payment after 31 December 1999 from the trust in respect of the capital interest, where the number of units in the trust that are owned by the taxpayer is not reduced because of the payment;

(e)  where the property is a taxpayer’s capital interest in a trust, a payment to the taxpayer after 31 December 1999 in respect of the capital interest to the extent that the payment

i.  is out of the income of the trust, determined without reference to paragraph a of section 657 and section 657.1, for a taxation year or out of the capital gains of the trust for the year, if the payment was made in the year or the right to the payment was acquired by the taxpayer in the year, or

ii.  is in respect of an amount designated in respect of the taxpayer by the trust under section 667;

(f)  any transfer of the property for the purpose only of securing a debt or a loan, or any transfer by a creditor for the purpose only of returning property that has been used as security for a debt or a loan;

(g)  any transfer of the property to a trust as a consequence of which there is no change in the beneficial ownership of the property, where the main purpose of the transfer is

i.  to effect payment under a debt or loan,

ii.  to provide assurance that an absolute or contingent obligation of the transferor will be satisfied, or

iii.  to facilitate either the provision of compensation or the enforcement of a penalty, in the event that an absolute or contingent obligation of the transferor is not satisfied;

(h)  any issue of a bond, debenture, bill, hypothecary claim or mortgage;

(i)  any issue by a corporation of a share of its capital stock, or any other transaction that, but for this subparagraph, would be a disposition by a corporation of a share of its capital stock;

(i.1)  any redemption, acquisition or cancellation of a share of the capital stock of a corporation (in this subparagraph referred to as the “issuing corporation”) or of a right to acquire such a share, which share or which right being referred to in this subparagraph as the “security”, held by another corporation (in this subparagraph referred to as the “disposing corporation”), if

i.  the redemption, acquisition or cancellation occurs as part of a merger or combination of two or more corporations, including the issuing corporation and the disposing corporation, to form a new corporation,

ii.  the merger or combination

(1)  is an amalgamation, within the meaning of subsections 1 and 2 of section 544, to which section 550.9 does not apply,

(2)  is an amalgamation, within the meaning of subsections 1 and 2 of section 544, to which section 550.9 applies, if the issuing corporation and the disposing corporation are described in section 550.9 as the parent and the subsidiary, respectively,

(3)  is a foreign merger, within the meaning of section 555.0.1, or

(4)  would be a foreign merger, within the meaning of section 555.0.1, if subparagraph ii of paragraph c of that section were read without reference to “resident in a country other than Canada”, and

iii.  either

(1)  the disposing corporation receives no consideration for the security, or

(2)  in the case where the merger or combination is described in subparagraph 3 or 4 of subparagraph ii, the disposing corporation receives no consideration for the security other than property that was, immediately before the merger or combination, owned by the issuing corporation and that, on the merger or combination, becomes property of the new corporation; and

(j)  any transfer of a property governed by civil law which does not entail a change in the right of the person who has the full ownership thereof, although such property be subject to a servitude, or in the right of the usufructuary, the emphyteutic lessee, an institute in a substitution or a beneficiary in a trust.

Chapter V.2 of Title II of Book I applies in relation to an election made under subparagraph v of paragraph f of the definition of “disposition” in subsection 1 of section 248 of the Income Tax Act or in relation to an election made under subparagraph v of subparagraph b of the second paragraph before 20 December 2006.

1972, c. 23, s. 230; 1984, c. 15, s. 58; 1996, c. 39, s. 65; 1997, c. 3, s. 71; 2003, c. 2, s. 77; 2004, c. 8, s. 48; 2005, c. 1, s. 78; 2006, c. 13, s. 31; 2009, c. 5, s. 83; 2009, c. 15, s. 67.

248.1. A redemption, an acquisition or a cancellation, at a particular time after 31 December 1971 and before 24 December 1998, of a share of the capital stock of a corporation (in this section referred to as the “issuing corporation”) or of a right to acquire a share, which share or which right being referred to in this section as the “security”, held by another corporation (in this section referred to as the “disposing corporation”), is not a disposition, within the meaning of section 248 as it read in respect of transactions and events that occurred at the particular time, if

(a)  the redemption, acquisition or cancellation occurred as part of a merger or combination of two or more corporations, including the issuing corporation and the disposing corporation, to form a new corporation;

(b)  the merger or combination

i.  is an amalgamation, within the meaning of subsections 1 and 2 of section 544 as they read at the particular time, to which section 550.9 if in force, and as it read, at the particular time, does not apply,

ii.  is an amalgamation, within the meaning of subsections 1 and 2 of section 544 as they read at the particular time, to which section 550.9 if in force, and as it read, at the particular time, applies, if the issuing corporation and the disposing corporation are described in section 550.9, if in force, and as it read, at the particular time, as the parent and the subsidiary, respectively,

iii.  occurred before 13 November 1981 and is a merger of corporations that is described in section 555, as it read in respect of the merger or combination, or

iv.  occurred after 12 November 1981 and

(1)  is a foreign merger, within the meaning of section 555.0.1 as it read in respect of the merger or combination, or

(2)  the conditions set out in the second paragraph are met; and

(c)  either

i.  the disposing corporation received no consideration for the security, or

ii.  in the case where the merger or combination is described in subparagraph iv of subparagraph b, the disposing corporation received no consideration for the security other than property that was, immediately before the merger or combination, owned by the issuing corporation and that, on the merger or combination, became property of the new corporation.

The conditions to which subparagraph 2 of subparagraph iv of subparagraph b of the first paragraph refers are the following:

(a)  the merger or combination is not a foreign merger, within the meaning of section 555.0.1, as it read in respect of the merger or combination;

(b)  section 555.0.1, as it read in respect of the merger or combination, contained a subparagraph ii in its paragraph c; and

(c)  the merger or combination would be a foreign merger, within the meaning of section 555.0.1, as it read in respect of the merger or combination, if subparagraph ii of paragraph c of that section were read as follows:

“ii. another foreign corporation (in this section referred to as the “parent corporation”), if, immediately after the merger, the new foreign corporation was controlled by the parent corporation.”

2009, c. 5, s. 84.

DIVISION II CAPITAL PROPERTY

1972, c. 23.

249. For the purposes of this Title, capital property means any depreciable property of the taxpayer and his other property on the occasion of the disposition of which any gain or loss would be a capital gain or a capital loss for him.

1972, c. 23, s. 231.

250. For the purposes of this Title, an incorporeal capital property of a taxpayer means any property a part of the proceeds of disposition of which would, if the taxpayer disposed of the property, be an amount determined under subparagraph b of the second paragraph of section 107 in respect of a business of the taxpayer.

1972, c. 23, s. 232; 1990, c. 59, s. 117; 2003, c. 2, s. 78; 2005, c. 1, s. 79.

DIVISION II.1 DEEMED CAPITAL PROPERTY

1978, c. 26, s. 41.

250.1. Subject to section 250.3, if a Canadian security is disposed of by a taxpayer in a taxation year and the taxpayer makes a valid election under subsection 4 of section 39 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 as a consequence of the disposition, every Canadian security owned by the taxpayer in the year or any subsequent taxation year is deemed to be a capital property owned by the taxpayer and every disposition by the taxpayer of any such Canadian security is deemed to be a disposition of a capital property.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4 of section 39 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1978, c. 26, s. 41; 1984, c. 15, s. 59; 2001, c. 51, s. 31; 2009, c. 5, s. 85.

250.1.1. For the purpose of computing the income of a taxpayer who is a member of a partnership, sections 250.1 and 250.3 apply as if every Canadian security owned by the partnership were owned by the taxpayer, and every Canadian security disposed of by the partnership in a fiscal period of the partnership were disposed of by the taxpayer at the end of that fiscal period.

1993, c. 16, s. 111; 1997, c. 3, s. 71.

250.2. In this division, “Canadian security” means a security, other than a prescribed security, that is a share of the capital stock of a corporation resident in Canada, a unit of a mutual fund trust, or a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation issued by a person resident in Canada.

1978, c. 26, s. 41; 1982, c. 5, s. 56; 1985, c. 25, s. 43; 1987, c. 67, s. 63; 1996, c. 39, s. 66; 1997, c. 3, s. 71; 2005, c. 1, s. 80.

250.3. The first paragraph of section 250.1 does not apply to a disposition of a Canadian security by a taxpayer, other than a mutual fund corporation or a mutual fund trust, who, at the time of the disposition, is

(a)  a trader or dealer in securities;

(b)  a financial institution, within the meaning assigned by section 851.22.1;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  a corporation whose principal business is the lending of money or the purchasing of debt obligations, or a combination thereof; or

(g)  a person not resident in Canada.

1978, c. 26, s. 41; 1984, c. 15, s. 60; 1993, c. 16, s. 112; 1996, c. 39, s. 67; 1997, c. 3, s. 71; 2000, c. 5, s. 66; 2009, c. 5, s. 86.

250.4. Where a person disposes of all or substantially all of the assets used in a qualified business carried on by him to a corporation for consideration that includes shares of the corporation, the shares are deemed to be capital property of that person.

1990, c. 59, s. 118; 1997, c. 3, s. 71.

DIVISION II.2 SPECIFIED PROPERTY

1996, c. 39, s. 68.

250.5. In this Title, specified property of a taxpayer is capital property of the taxpayer that is

(a)  a share;

(b)  an interest in a partnership;

(c)  a capital interest in a trust; or

(d)  an option to acquire a property described in any of paragraphs a to c or an option to acquire such an option.

1996, c. 39, s. 68; 1997, c. 3, s. 71.

DIVISION III PROCEEDS OF DISPOSITION

1972, c. 23.

251. The proceeds of disposition of property include, for the purposes of this Title, the same elements as the proceeds of disposition of property referred to in subparagraph f of the first paragraph of section 93 and any amount deemed not to be a dividend under paragraph b of section 568; it does not include an amount deemed to be a dividend paid to a taxpayer under sections 517.1 to 517.3.1, an amount deemed to be a dividend received under section 508 to the extent that it refers to a dividend deemed paid under sections 505 and 506 and not deemed not to be a dividend under paragraph a of section 308.1 or under paragraph b of section 568, nor a prescribed amount.

1972, c. 23, s. 233; 1975, c. 22, s. 41; 1978, c. 26, s. 42; 1982, c. 5, s. 57; 1984, c. 15, s. 61; 1985, c. 25, s. 44; 1987, c. 67, s. 64; 2001, c. 53, s. 260.

CHAPTER II.1 CAPITAL GAINS REDUCTION

1996, c. 39, s. 69.

251.1. In this chapter,

“exempt capital gains balance” of an individual for a taxation year that ends before 1 January 2005 in respect of a flow-through entity means the amount determined by the formula

A − B − C − D;

“flow-through entity” means

(a)  a mutual fund trust;

(b)  a segregated fund trust referred to in section 851.2;

(c)  a trust all or substantially all of the properties of which consist of shares of the capital stock of a corporation, where the trust was established pursuant to an agreement between two or more shareholders of the corporation and one of the main purposes of the trust is to provide for the exercise of voting rights in respect of those shares pursuant to that agreement;

(d)  a trust established exclusively for the benefit of one or more persons each of whom was, at the time the trust was created, either a person from whom the trust received property or a creditor of that person, where one of the main purposes of the trust is to secure the payments required to be made by or on behalf of that person to such creditor;

(e)  a trust maintained primarily for the benefit of employees of a corporation or two or more corporations that do not deal at arm’s length with each other, where one of the main purposes of the trust is to hold interests in shares of the capital stock of the corporation or corporations, as the case may be, or any corporation not dealing at arm’s length therewith;

(f)  a trust governed by a profit sharing plan;

(g)  a partnership;

(h)  an investment corporation;

(i)  a mortgage investment corporation; and

(j)  a mutual fund corporation.

For the purposes of the formula in the definition of “exempt capital gains balance” in the first paragraph,

(a)  A is

i.  if the entity is a trust referred to in any of paragraphs b to f of the definition of “flow-through entity” in the first paragraph, the amount determined under subparagraph c of the first paragraph of section 726.9.2 in respect of the individual’s interest or interests therein, and

ii.  in any other case, the lesser of

(1)  4/3 of the aggregate of the taxable capital gains that resulted from elections made under section 726.9.2 in respect of the individual’s interests in or shares of the capital stock of the entity, and

(2)  the amount that would be determined under subparagraph 1 if this Act were read without reference to section 726.9.3 and the amount designated in the election in respect of each interest or share were equal to the amount by which the fair market value of the interest or share at the end of 22 February 1994 exceeds the portion of the amount designated in the election in respect of that interest or share that exceeds 11/10 of its fair market value at that time;

(b)  B is the aggregate of all amounts each of which is the amount by which the individual’s capital gain for a preceding taxation year, determined without reference to section 251.2, from the disposition of an interest in or a share of the capital stock of the entity was reduced under that section;

(c)  C is

i.  if the entity is a trust described in any of paragraphs a and c to e of the definition of “flow-through entity” in the first paragraph, the aggregate of

(1)  4/3 of the aggregate of all amounts each of which is the amount by which the individual’s taxable capital gain, determined without reference to this chapter, for a preceding taxation year that ended before 28 February 2000 and that resulted from a designation made under section 668 by the trust, was reduced under section 251.3,

(2)  3/2 of the aggregate of all amounts each of which is the amount by which the individual’s taxable capital gain, determined without reference to this chapter, for a preceding taxation year that began after 27 February 2000 and ended before 18 October 2000 and that resulted from a designation made under section 668 by the trust, was reduced under section 251.3,

(3)  the amount claimed by the individual under paragraph a of section 668.5 or paragraph b of section 668.8 for a preceding taxation year, and

(4)  twice the aggregate of all amounts each of which is the amount by which the individual’s taxable capital gain, determined without reference to this chapter, for a preceding taxation year that began after 17 October 2000 and that resulted from a designation made under section 668 by the trust, was reduced under section 251.3,

ii.  if the entity is a partnership, the aggregate of

(1)  4/3 of the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s taxable capital gains, determined without reference to this chapter, for its fiscal period that ended before 28 February 2000 and in a preceding taxation year, was reduced under section 251.4,

(2)  4/3 of the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s income from a business, determined without reference to this chapter, for its fiscal period that ended before 28 February 2000 and in a preceding taxation year, was reduced under section 251.5,

(3)  the aggregate of all amounts each of which is the product obtained by multiplying the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the partnership for its fiscal period that ended in a preceding taxation year and includes 28 February 2000 or 17 October 2000, or began after 28 February 2000 and ended before 17 October 2000, by the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s taxable capital gains, determined without reference to this chapter, for its fiscal period, was reduced under section 251.4,

(4)  the aggregate of all amounts each of which is the product obtained by multiplying the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the partnership for its fiscal period that ended in a preceding taxation year and includes 28 February 2000 or 17 October 2000, or began after 28 February 2000 and ended before 17 October 2000, by the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s income from a business, determined without reference to this chapter, for its fiscal period, was reduced under section 251.5,

(5)  twice the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s taxable capital gains, determined without reference to this chapter, for its fiscal period that began after 17 October 2000 and ended in a preceding taxation year, was reduced under section 251.4, and

(6)  twice the aggregate of all amounts each of which is the amount by which the individual’s share of the partnership’s income from a business, determined without reference to this chapter, for its fiscal period that began after 17 October 2000 and ended in a preceding taxation year, was reduced under section 251.5, and

iii.  in any other case, the aggregate of all amounts each of which is the amount by which the aggregate of the individual’s capital gains otherwise determined under sections 851.16, 851.21, 860, 1106, 1113 and 1116 for a preceding taxation year in respect of the entity was reduced under section 251.6; and

(d)  D is

i.  if the entity is a trust described in any of paragraphs c to f of the definition of “flow-through entity” in the first paragraph, the aggregate of all amounts each of which is an amount included before the year in the cost to the individual of a property under section 688.2 or paragraph c of section 858 because of the individual’s exempt capital gains balance in respect of the entity, and

ii.  in any other case, nil.

1996, c. 39, s. 69; 1997, c. 3, s. 71; 2000, c. 5, s. 67; 2003, c. 2, s. 79.

251.2. Where at any time after 22 February 1994 an individual disposes of an interest in or a share of the capital stock of a flow-through entity, the individual’s capital gain otherwise determined for a taxation year from the disposition shall be reduced by such amount as the individual claims, not exceeding the amount determined by the formula

A − B − C.

For the purposes of the formula in the first paragraph,

(a)  A is the exempt capital gains balance of the individual for the year in respect of the entity;

(b)  B is

i.  if the entity made a designation under section 668 in respect of the individual for the year, and subject to section 251.5.1, twice the amount claimed under section 251.3 by the individual for the year in respect of the entity,

ii.  if the entity is a partnership, and subject to section 251.5.1, twice the aggregate of the amounts claimed under sections 251.4 and 251.5 by the individual for the year in respect of the entity, and

iii.  in any other case, the amount claimed under section 251.6 by the individual for the year in respect of the entity; and

(c)  C is the aggregate of all reductions under this section in the individual’s capital gains otherwise determined for the year from the disposition of other interests in or shares of the capital stock of the entity.

1996, c. 39, s. 69; 1997, c. 3, s. 71; 2003, c. 2, s. 80.

251.3. The taxable capital gain otherwise determined under section 668 of an individual for a taxation year as a result of a designation made under that section by a flow-through entity shall be reduced by such amount as the individual claims, not exceeding, subject to section 251.5.1, 1/2 of the individual’s exempt capital gains balance for the year in respect of the entity.

1996, c. 39, s. 69; 2003, c. 2, s. 81.

251.4. An individual’s share otherwise determined for a taxation year of a taxable capital gain of a partnership from the disposition of a property, other than property acquired by the partnership after 22 February 1994 in a transfer to which the second paragraph of section 614 applied, for its fiscal period that ends in the year and after 22 February 1994 shall be reduced by such amount as the individual claims, not exceeding the amount by which, subject to section 251.5.1, 1/2 of the individual’s exempt capital gains balance for the year in respect of the partnership exceeds the aggregate of all amounts claimed by the individual under this section in respect of other taxable capital gains of the partnership for that fiscal period.

1996, c. 39, s. 69; 1997, c. 3, s. 71; 2003, c. 2, s. 82.

251.5. An individual’s share otherwise determined for a taxation year of the income of a partnership from a business for the partnership’s fiscal period that ends in the year and the individual’s share of the partnership’s taxable capital gain arising under paragraph b of section 105 shall be reduced by such amount as the individual claims, not exceeding the lesser of

(a)  subject to section 251.5.1, the amount by which 1/2 of the individual’s exempt capital gains balance for the year in respect of the partnership exceeds the aggregate of

i.  the amount claimed under section 251.4 by the individual for the year in respect of the partnership, and

ii.  all amounts claimed under this section by the individual for the year in respect of other businesses of the partnership; and

(b)  the amount determined by the formula

A × B / C.

For the purposes of the formula in subparagraph b of the first paragraph,

(a)  A is the amount included under paragraph b of section 105 in computing the income of the partnership from the business for the fiscal period;

(b)  B is the amount that would otherwise be the individual’s share of the partnership’s income from the business for the fiscal period; and

(c)  C is the partnership’s income from the business for the fiscal period.

1996, c. 39, s. 69; 1997, c. 3, s. 71; 2003, c. 2, s. 83.

251.5.1. Where the taxation year of the flow-through entity ending in the individual’s taxation year includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the word “twice” in subparagraph i or ii, as the case may be, of subparagraph b of the second paragraph of section 251.2, shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the flow-through entity for its taxation year;

(b)  the fraction “1/2” in section 251.3 or 251.4, as the case may be, shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the flow-through entity for its taxation year;

(c)  the fraction “1/2” in the portion of subparagraph a of the first paragraph of section 251.5 before subparagraph i shall be read as a reference to the fraction in section 105.2 that applies to the flow-through entity for its taxation year; and

(d)  subparagraph i of subparagraph a of the first paragraph of section 251.5 shall be read with “, multiplied by the fraction obtained when the fraction in section 105.2 that applies to the partnership for the fiscal period is divided by the fraction in paragraphs a to d of section 231.0.1 that applies to the partnership for the fiscal period” inserted after “partnership”.

2003, c. 2, s. 84.

251.6. The aggregate of capital gains otherwise determined under sections 851.16, 851.21, 860, 1106, 1113 and 1116 of an individual for a taxation year as a result of one or more elections, allocations or designations made after 22 February 1994 by a flow-through entity shall be reduced by such amount as the individual claims, not exceeding the individual’s exempt capital gains balance for the year in respect of the entity.

1996, c. 39, s. 69.

251.7. Notwithstanding section 251.1, where at any time an individual ceases to be a member or shareholder of, or a beneficiary under, a flow-through entity, the exempt capital gains balance of the individual in respect of the entity for each taxation year that begins after that time is deemed to be nil.

1996, c. 39, s. 69.

CHAPTER III COMPUTATION OF ADJUSTED COST BASE

1972, c. 23.

DIVISION I GENERAL RULES

1972, c. 23.

252. The adjusted cost base of any property at a particular time, where such property is depreciable property of the taxpayer, is the capital cost to the taxpayer of such property as of that time.

In all other cases, such cost shall be calculated in accordance with this chapter.

1972, c. 23, s. 234.

252.1. Where any property of the taxpayer is property that was reacquired by the taxpayer after having been previously disposed of by the taxpayer, no adjustment to the cost to the taxpayer of the property that was required to be made under this chapter before its reacquisition by the taxpayer shall be made under this chapter to the cost to the taxpayer of the property as reacquired property of the taxpayer.

The first paragraph does not apply in respect of property that is an interest in or a share of the capital stock of a flow-through entity within the meaning assigned by section 251.1 that was last reacquired by the taxpayer as a result of an election under section 726.9.2.

1996, c. 39, s. 70.

253. In no case shall the adjusted cost base to a taxpayer of any property at any time be less than zero.

1972, c. 23, s. 235; 1996, c. 39, s. 71.

254. The adjusted cost base of the disposed part of a property, immediately before its disposition, is the portion of the adjusted cost base of the whole property which may reasonably be attributed to such part.

1972, c. 23, s. 236.

254.1. For the purposes of section 254 and Divisions II to IV, other than section 259, where a taxpayer encumbers land with a real servitude in circumstances where section 710.0.2 or 752.0.10.3.2 applies, the following rules apply:

(a)  the establishment of the servitude is deemed to be a disposition under section 254 of a portion of the land so encumbered;

(b)  the portion of the adjusted cost base to the taxpayer of the land immediately before the disposition that can reasonably be considered to be attributable to the servitude is deemed to be equal to the amount determined by the formula

A × B / C; and

(c)  the cost to the taxpayer of the land shall be reduced at the time of the disposition by the amount determined under subparagraph b.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the adjusted cost base to the taxpayer of the land immediately before the disposition;

(b)  B is the amount determined under section 710.0.2 or 752.0.10.3.2 in respect of the disposition; and

(c)  C is the fair market value of the land immediately before the disposition.

2003, c. 2, s. 85; 2006, c. 13, s. 32.

254.1.1. For the purposes of section 254 and Divisions II to IV, other than section 259, if an individual encumbers a property that is the individual’s principal residence, a qualified farm property within the meaning of section 726.6 or a qualified fishing property within the meaning of that section with a real servitude, the following rules apply:

(a)  the establishment of the servitude is deemed to be a disposition under section 254 of a portion of the property so encumbered; and

(b)  the portion of the adjusted cost base to the individual of the property immediately before the disposition that can reasonably be considered to be attributable to the servitude is deemed to be equal to zero.

2006, c. 13, s. 33; 2007, c. 12, s. 44.

254.2. Notwithstanding section 254, where part of a capital interest of a taxpayer in a trust would, but for subparagraphs d and e of the second paragraph of section 248, be disposed of solely because of the satisfaction of a right to enforce payment of an amount by the trust, no part of the adjusted cost base to the taxpayer of the taxpayer’s capital interest in the trust shall be allocated to that part of the capital interest.

2003, c. 2, s. 85.

DIVISION II AMOUNTS TO BE ADDED

1972, c. 23.

255. The taxpayer must, in computing the adjusted cost base of any property at a particular time, add to the cost of such property the following amounts:

MISCELLANEOUS CASES

(a)  the amount deemed to be a gain, under section 261;

(b)  where the property is substituted property, within the meaning of subparagraph a of the first paragraph of section 237, of the taxpayer, the amount by which the amount of the loss that was, because of the acquisition by the taxpayer of the property, a non-allowable loss referred to in that section 237 from a disposition of a property by a taxpayer exceeds, where the property disposed of was a share of the capital stock of a corporation, the amount that would, but for section 237, be deducted under section 741, 741.2 or 742 in computing the loss of any taxpayer from the disposition of the share;

(c)  where the property is an indemnity, within the meaning of sections 469 to 479, or is deemed to be such an indemnity under those sections, the amount to be added under subparagraph b of the first paragraph of section 471;

(c.1)  where the taxpayer is a taxable Canadian corporation and the property was disposed of by another taxable Canadian corporation to the taxpayer in circumstances such that paragraph f.1 does not apply to increase the adjusted cost base to the other corporation of shares of the capital stock of the taxpayer and the capital loss from the disposition was not allowable under section 239, as it read, before its repeal, in respect of that disposition, or 264.0.1 or is deemed under paragraph a of section 535, as it read, before its repeal, in respect of that disposition, to be nil, the amount that would otherwise be the capital loss from the disposition;

(c.1.1)  where the property was disposed of by a person, other than a person not resident in Canada or a person exempt from tax under this Part on the person’s taxable income, or by an eligible Canadian partnership, within the meaning of section 485, to the taxpayer in circumstances such that paragraph c.1 does not apply to increase the adjusted cost base to the taxpayer of the property, paragraph f.1 does not apply to increase the adjusted cost base to that person of shares of the capital stock of the taxpayer and the capital loss from the disposition was not allowable under section 264.0.1 or deemed under paragraph a of section 535, as it read, before its repeal, in respect of that disposition, to be nil, the amount that would otherwise be the capital loss from the disposition;

(c.2)  the reasonable costs incurred by the taxpayer before the particular time of surveying or valuing the property for the purpose of its acquisition or disposition to the extent that those costs are not otherwise deducted by the taxpayer in computing his income for any taxation year or attributable to any other property;

(c.3)  where the property is immovable property of the taxpayer, any amount required by paragraph b of section 277.2 to be added;

(c.4)  where the property is an interest in or a share of the capital stock of a flow-through entity within the meaning assigned by section 251.1 and the time is after 31 December 2004, an amount equal to the product obtained by multiplying the amount that would, if the definition of “exempt capital gains balance” in section 251.1 were read without reference to “that ends before 1 January 2005”, be the taxpayer’s exempt capital gains balance in respect of the entity for the taxpayer’s taxation year 2005 by the proportion that the fair market value at that time of the property is of the fair market value at that time of all the taxpayer’s interests in or shares of the capital stock of the entity;

(c.5)  any amount required under paragraph d of section 259, paragraph b of any of sections 259.1 to 259.3 and 296.1, subparagraph b.2 of the first paragraph of section 301, subparagraph b of the first paragraph of section 543.2 or paragraph b of section 553.2 to be added;

(c.6)  where the property is an interest in, or a share of the capital stock of, a flow-through entity described in any of paragraphs a, b and g to j of the definition of “flow-through entity” in the first paragraph of section 251.1, the time is before 1 January 2005 and immediately after that time the taxpayer disposed of the aggregate of the taxpayer’s interests in, and shares of the capital stock of, the entity, an amount equal to the product obtained by multiplying the amount by which the taxpayer’s exempt capital gains balance, within the meaning of the first paragraph of section 251.1, in relation to the entity for the taxpayer’s taxation year that includes that time exceeds the aggregate of all amounts each of which is the amount by which a capital gain is reduced under the provisions of Chapter II.1 for the year because of the taxpayer’s exempt capital gains balance in relation to the entity or, subject to section 255.1, twice an amount by which a taxable capital gain, or the income from a business, is reduced under the provisions of that chapter for the year because of the taxpayer’s exempt capital gains balance in relation to the entity, by the proportion that the fair market value at that time of the property is of the fair market value at that time of the aggregate of the taxpayer’s interests in, and shares of the capital stock of, the entity;

SHARES OF A CORPORATION

(d)  where the property is a share of the capital stock of a corporation resident in Canada, the amount of every dividend deemed to have been received by the taxpayer under section 504;

(d.1)  where the property is a share of the capital stock of a corporation, the amount of any dividend deemed by paragraph c.1 of section 785.1 to have been received in respect of the share by the taxpayer before that time and while the taxpayer was resident in Canada;

(e)  where the property is a share of the capital stock of a corporation and the taxpayer, after 31 December 1971, makes a contribution of capital to the corporation otherwise than by way of a loan, by way of a disposition of shares of a foreign affiliate of a taxpayer to which section 540 applies or, subject to section 256, by way of a disposition of property in respect of which section 518 or 529 applies, that proportion of such contribution as cannot reasonably be regarded as a benefit conferred by the taxpayer on a person, other than the corporation, who was related to the taxpayer, that

i.  the amount that may reasonably be regarded as the increase, as the result of such contribution of capital, in the fair market value of such share, is of

ii.  the amount that may reasonably be regarded as the increase, as the result of such contribution of capital, in the fair market value of all the shares of the capital stock of such corporation owned by the taxpayer immediately after the contribution of capital;

(e.1)  where the property is a share of the capital stock of a corporation of which the taxpayer was, at any time, a specified shareholder, any expense incurred by the taxpayer in respect of land or a building of the corporation that was not deductible in computing the taxpayer’s income for any taxation year commencing before that time by reason of section 135.4 or 164;

(f)  where the property is a share of the capital stock of a corporation, the amount of the benefit that, in respect of the acquisition of the property by the taxpayer, is deemed by Division VI of Chapter II of Title II to have been received in any taxation year beginning before the particular time and ending after 31 December 1971 by the taxpayer or by a person that did not deal at arm’s length with the taxpayer or, if the share was acquired after 27 February 2000, the amount of the benefit that would have been so deemed to have been received if that Division VI were read without reference to sections 49.2 and 58.0.1;

(f.1)  where the property is a share of the capital stock of a corporation, any amount required by paragraph b of section 238.3, or paragraph b of section 535, as it read, before its repeal, in respect of the disposition of that share, to be added;

(g)  where the property is a share of the capital stock of a foreign affiliate of the taxpayer, any amount required by section 587 to be added;

(g.1)  where the property is a share of the capital stock of a corporation, any amount required by subparagraph f of the second paragraph of section 832.23 to be added;

BOND AND SIMILAR OBLIGATION

(h)  the excess of the principal amount of a bond, debenture, bill, hypothecary claim, mortgage or similar obligation over the amount for which it has been issued, if such excess must be included, under sections 122 to 125, in computing the income of the taxpayer for a taxation year beginning before such particular time;

(h.0.0.1)  where the property is a particular commercial obligation, within the meaning assigned by section 485, payable to the taxpayer as consideration for the settlement or extinguishment of another commercial obligation payable to the taxpayer and the taxpayer’s loss from the disposition of the other obligation was reduced because of section 264.0.2, the proportion of the reduction that the principal amount of the particular obligation is of the aggregate of all amounts each of which is the principal amount of a commercial obligation payable to the taxpayer as consideration for the settlement or extinguishment of that other obligation;

INDEXED DEBT OBLIGATIONS

(h.0.1)  where the property is an indexed debt obligation, the amount referred to in paragraph a of section 125.0.1 in respect of the obligation and required to be included in computing the income of the taxpayer for a taxation year beginning before the particular time;

OFFSHORE INVESTMENT FUND PROPERTY

(h.1)  where the property is an offshore investment fund property within the meaning of section 597.1,

i.  any amount included in respect of the property by virtue of section 597.4 in computing the taxpayer’s income for a taxation year commencing before that time, or

ii.  where the taxpayer is a controlled foreign affiliate, within the meaning of section 572, of a person resident in Canada, the amount prescribed;

PARTNERSHIP

(i)  where the property is an interest in a partnership,

i.  an amount in respect of each fiscal period of the partnership ending after 31 December 1971 and before the particular time, equal to the taxpayer’s share, other than a share under an agreement referred to in section 608, of the income of the partnership from any source for that fiscal period, computed as if this Part were construed without reference to

(1)  section 231.2, the fraction “1/2” in section 105, as it applied to a fiscal period of the partnership ending before 1 April 1977, and without reference to that or another fraction in sections 107, 231, 231.1, as it read before being repealed, and 265,

(2)  the reference to the fraction and the letter C in the formula provided for in the first paragraph of section 105.2, and

(3)  paragraphs l and z.4 of section 87, sections 89 to 91, 144, 144.1 and 145, paragraph j of section 157, as it read before being struck out, paragraph b of each of sections 200 and 201, Division XV of Chapter IV, section 425, paragraphs g and h of section 489, as they read before being struck out, the second paragraph of section 497, and the provisions of the Act respecting the application of the Taxation Act (S.C. 1972, c. 24), as they read before their repeal, in respect of income from the operation of new mines,

ii.  the share of the taxpayer in any capital dividend and any life insurance capital dividend received by the partnership before the particular time in respect of a share of the capital stock of a corporation while the partnership owned such share,

iii.  the share of the taxpayer in the amount by which any proceeds of a life insurance policy received by the partnership after 31 December 1971 and before the particular time by reason of the death of any person whose life was insured under that policy exceed the adjusted cost basis of that policy, within the meaning of sections 976 and 976.1, to the partnership, immediately before that death,

iv.  where the taxpayer, after 31 December 1971, made a contribution of capital to the partnership otherwise than by way of a loan, that portion of such contribution as cannot reasonably be regarded as a benefit conferred on any other member of the partnership who was related to the taxpayer,

v.  the value, at the time of the taxpayer’s death of the rights or property referred to in section 429 in respect of a partnership interest held by him immediately before his death, other than an interest referred to in section 612, where the particular time is immediately before the taxpayer’s death and the taxpayer was at the particular time a member of the partnership,

v.1.  any amount deemed by section 261.1 to be a gain of the taxpayer,

vi.  (subparagraph repealed);

vii.  any amount deemed by paragraph c of section 618 or section 642 to be a gain of the taxpayer,

vii.1.  a share of the taxpayer’s Canadian development expense or Canadian oil and gas property expense that was deducted at or before the particular time in computing the adjusted cost base to the taxpayer of the interest because of subparagraph ii of paragraph l of section 257 and in respect of which the taxpayer has elected under paragraph d of section 408 or paragraph b of section 418.2, as the case may be,

viii.  an amount deemed, before the particular time, by section 600.1, to be an amount referred to in paragraph b of section 399, in subparagraph i of paragraph b of section 412, in paragraph c of the said section 412, in subparagraph i of paragraph b of section 418.6 or in paragraph c of the said section 418.6 in respect of the taxpayer,

ix.  the amount by which the taxpayer’s share of the amount of any assistance or benefit that the partnership has received or has become entitled to receive after 31 December 1971 and before the particular time from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from royalty or tax, investment allowance or any other form of assistance or benefit, in respect of or related to a Canadian resource property or an exploration or development expense incurred in Canada, exceeds such part of that share of the assistance or benefit as has been repaid before that time by the taxpayer pursuant to a legal obligation to repay all or any part of that share of that assistance or benefit,

x.  any amount required by sections 614 to 617 to be added before that particular time in computing the adjusted cost base to the taxpayer of the interest in the partnership,

xi.  where the taxpayer’s share of any income or loss of the partnership was, at any time, 10% or more, any expense incurred by the taxpayer in respect of land or a building of the partnership that was not deductible in computing the taxpayer’s income for any taxation year commencing before that time by reason of section 135.4 or 164, and

xii.  any amount required by subparagraph a of the first paragraph of section 726.9.6 to be added at that time in computing the adjusted cost base to the taxpayer of the interest;

TRUST

(j)  where the property is a capital interest in a trust to which section 596 applies, any amount required by section 597 to be added;

(j.1)  where the property is an interest in a segregated fund trust referred to in section 851.2,

i.  each amount deemed by section 851.3 to be an amount payable to the taxpayer before the particular time in respect of that interest,

ii.  each amount required by section 851.12 to be added before the particular time in respect of that interest,

iii.  each amount in respect of that interest that is a capital gain deemed to have been allocated under section 851.21 to the taxpayer before the particular time, and

iv.  each amount in respect of that interest that before the particular time was deemed under section 851.16 to have been a capital gain of the taxpayer;

(j.2)  where the property is a unit in a mutual fund trust, any amount required by section 1121.3 to be added in computing the adjusted cost base to the taxpayer of the unit;

(j.3)  where the property is a unit of a mutual fund trust, the amount of the benefit that, in respect of the acquisition of the property by the taxpayer, is deemed by Division VI of Chapter II of Title II to have been received in any taxation year beginning before the particular time by the taxpayer or by a person that did not deal at arm’s length with the taxpayer or, if the unit was acquired after 27 February 2000, the amount of the benefit that would have been so deemed to have been received if that Division VI were read without reference to section 58.0.1;

LANDS

(k)  where the property is land of the taxpayer, any amount paid after 31 December 1971 and before the particular time by the taxpayer or by another taxpayer in respect of whom the taxpayer was a person, corporation or partnership described in subparagraph ii of paragraph c of section 165, pursuant to a legal obligation to pay interest on debt relating to the acquisition of land, within the meaning of paragraph c of section 165, or property taxes, not including an income or profits taxes or taxes imposed by reference to the transfer of property, paid by the taxpayer in respect of the property to a province or to a Canadian municipality, to the extent that the amount

i.  was not deductible by reason of section 164 in computing the taxpayer’s income from the land or from a business for any taxation year beginning before that time, or

ii.  was not deductible by reason of section 164 in computing the income of the other taxpayer if the amount was not included in or added to the cost to the other taxpayer of any property otherwise than by reason of paragraph e.1 or subparagraph xi of paragraph i;

(l)  where the property is land used in a farming business which he operates, an amount, with respect to each taxation year ending after 1971 and beginning before such time, equal to the loss of such taxpayer for such year, derived from such farming business, to the extent that such loss

i.  is not deductible in computing the income for that year under section 205,

ii.  is not deducted in computing the taxable income for the taxation year in which the taxpayer disposed of the property or any previous taxation year,

iii.  does not exceed the aggregate of the following amounts, to the extent that those amounts are included in computing the loss:

(1)  taxes, other than income or profits taxes or taxes imposed by reference to the transfer of the property, paid by the taxpayer in that year or payable by the taxpayer in respect of that year to a province or a Canadian municipality in respect of the property, and

(2)  interest, paid by the taxpayer in that year or payable by the taxpayer in respect of that year, pursuant to a legal obligation to pay interest on borrowed money used to acquire the property or on any amount as consideration payable for the property, and

iv.  does not exceed the amount obtained by subtracting from the proceeds of disposition of that property reduced by its adjusted cost base immediately before that time, computed without referring to this paragraph, the aggregate of his losses from his farming business for the taxation years prior to that year and which must be added, under this paragraph, in computing the adjusted cost base of such property;

(m)  (paragraph repealed).

1972, c. 23, s. 237; 1973, c. 17, s. 23; 1974, c. 18, s. 13; 1975, c. 22, s. 42; 1977, c. 26, s. 24; 1978, c. 26, s. 43; 1979, c. 18, s. 20; 1980, c. 13, s. 19; 1982, c. 5, s. 58; 1984, c. 15, s. 62; 1985, c. 25, s. 45; 1986, c. 15, s. 54; 1986, c. 19, s. 42; 1990, c. 59, s. 119; 1993, c. 16, s. 113; 1994, c. 22, s. 123; 1995, c. 49, s. 61; 1996, c. 39, s. 72; 1997, c. 3, s. 71; 1997, c. 14, s. 54; 1997, c. 85, s. 58; 1998, c. 16, s. 104; 2000, c. 5, s. 68; 2001, c. 7, s. 31; 2001, c. 53, s. 47; 2003, c. 2, s. 86; 2004, c. 8, s. 49; 2005, c. 1, s. 81; 2006, c. 36, s. 31; 2009, c. 5, s. 87.

255.1. For the purposes of paragraph c.6 of section 255 in respect of a taxpayer’s interest in a flow-through entity, where a taxation year of the entity that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000, ends in the taxpayer’s taxation year, the word “twice” in that paragraph c.6 shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies in respect of the flow-through entity for its taxation year.

2003, c. 2, s. 87.

256. For the purposes of paragraph e of section 255, the disposition before 7 May 1974 of property in consideration of which the taxpayer did not receive shares of the capital stock of the corporation and in respect of which the election mentioned therein was made, is deemed to be a contribution of capital equal to the amount by which the amount agreed upon in the election exceeds the fair market value, at the time of the disposition, of the consideration received by the taxpayer.

1975, c. 22, s. 43; 1997, c. 3, s. 71.

DIVISION III AMOUNTS TO BE DEDUCTED

1972, c. 23.

257. A taxpayer shall, in computing the adjusted cost base of a property at a particular time, deduct the following amounts:

MISCELLANEOUS CASES

(a)  in the case of a property which the taxpayer disposed of in part after 1971 and before the particular time, the amount established under section 254 for such taxpayer;

(b)  where sections 485 to 485.18 apply, the amount by which the adjusted cost base is required to be reduced before the particular time;

(b.1)  any amount required under paragraph c of section 259, paragraph a of any of sections 259.1 to 259.3 and 296.1, subparagraph b.1 of the first paragraph of section 301, subparagraph a of the first paragraph of section 543.2 or paragraph a of section 553.2 to be deducted in computing the adjusted cost base of the property or any amount by which that adjusted cost base is required to be reduced because of any of sections 485.9 to 485.11;

(c)  that part of the cost of the property which is deductible in computing the income, otherwise than because of this Title or of section 75.2.1 or 75.3, for any taxation year beginning before the particular time and ending after 31 December 1971;

(d)  where the property is acquired by the taxpayer after 31 December 1971, the aggregate of

i.  the amount by which any assistance, other than prescribed assistance, that the taxpayer has received or is entitled to receive before the particular time from a government, municipality or other public authority in respect of, or for the acquisition of, the property, whether as a grant, subsidy, forgivable loan, deduction from tax not otherwise provided for under this paragraph, investment allowance or as any other form of assistance, exceeds such part of the assistance as has been repaid by the taxpayer before that time in accordance with an obligation to repay all or any part of that assistance, and

ii.  the amounts, other than a prescribed amount, deducted by the taxpayer in respect of the property before the particular time under subsection 5 or 6 of section 127 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in computing his tax payable under the said Act;

(e)  where the property was received as consideration for a payment or loan referred to in section 383, as it read in respect of the payment or loan, which the taxpayer made or consented to before 20 April 1983 to a joint exploration corporation, within the meaning of section 382, as a shareholder corporation of such a corporation, in respect of Canadian exploration and development expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses incurred by the joint exploration corporation, or where the property was substituted for such a property, such portion of the payment or loan as may reasonably be considered to relate to an agreed portion referred to in section 381, 406, 417 or 418.13, as it read in respect of the agreed portion;

(f)  where the property is an indemnity within the meaning of sections 469 to 479, or is deemed to be such an indemnity under those sections, the amount required by subparagraph b of the first paragraph of section 471 to be deducted;

(f.1)  where the property is a debt owing to the taxpayer by a corporation, the amount required by section 511, or sections 517.1 to 517.6 as they applied before 23 May 1985, to be deducted before the particular time in computing the adjusted cost base of that debt;

(f.2)  the amount by which the amount elected by the taxpayer before the particular time under section 257.2 exceeds any repayment before that time by the taxpayer of an amount received by him as described in section 257.2 that may reasonably be considered to relate to the amount elected where the repayment is made pursuant to a legal obligation to repay all or any part of the amount so received;

(f.3)  where the property is property of a corporation control of which was acquired by a person or group of persons at or before that time, any amount required by subparagraph a of the second paragraph of section 736 to be deducted in computing the adjusted cost base of the property;

(f.4)  where the property is a right to acquire a share of the capital stock of a corporation or a unit of a mutual fund trust under an agreement, any amount required by paragraph b of section 1055.1 to be deducted;

(f.5)  where the property was at the end of 22 February 1994 a non-qualifying immovable property of the taxpayer within the meaning assigned by section 726.6.1 as that section applies to the taxation year 1994, any amount required by paragraph b of section 726.9.4 to be deducted in computing the adjusted cost base to the taxpayer of the property;

(f.6)  where the taxpayer elected under section 726.9.2 in respect of the property, any amount required by section 726.9.5 to be deducted in computing the adjusted cost base to the taxpayer of the property at the particular time;

SHARES OF A CORPORATION

(g)  where the property is a share of the capital stock of a corporation resident in Canada,

i.  any amount received by the taxpayer after 31 December 1971 and before the particular time as a dividend other than a taxable dividend or a dividend in respect of which the corporation has elected in accordance with section 502 or 502.1 and section 503 in respect of the full amount thereof,

ii.  any amount required by sections 517.1 to 517.6, as they applied before 23 May 1985, to be deducted before the particular time in computing the adjusted cost base of that share,

iii.  any amount received by the taxpayer after 1971 and before the particular time on a reduction of the paid-up capital of the corporation in respect of that share, except to the extent that that amount is deemed by section 508 to be a dividend received by him,

iv.  any amount, to the extent that such amount is not proceeds of disposition of a share, received by the taxpayer before that particular time that would, but for section 510.1, be deemed by section 508 to be a dividend received by him, and

v.  any amount required by section 280.6 to be deducted in computing the adjusted cost base to the taxpayer of the share;

(h)  where the property is a share of the capital stock of a joint exploration corporation, within the meaning of section 382, resident in Canada to which the taxpayer has, after 31 December 1971, made a contribution of capital otherwise than by way of a loan, which contribution was included in computing the adjusted cost base of the property by virtue of paragraph e of section 255, such portion of the contribution as may reasonably be considered to be part of an agreed portion referred to in section 381, 406, 417 or 418.13, as it read in respect of the agreed portion;

(h.1)  any amount required by section 419.2 to be deducted before that time in computing the adjusted cost base of the property;

(i)  where the property is a share, or an interest therein or a right thereto, of the capital stock of a corporation acquired before 1 August 1976, an amount equal to the expenses incurred by the taxpayer as consideration to acquire the property, to the extent that such expenses are for him Canadian exploration and development expenses under paragraph e of section 364, Canadian exploration expenses under paragraph e of section 395, Canadian development expenses under paragraph e of section 408 or Canadian oil and gas property expenses under paragraph c of section 418.2;

(j)  where the property is a share of the capital stock of a corporation not resident in Canada,

i.  any amount required by subparagraph d of the first paragraph of section 477 and sections 585 to 588 to be deducted, and

ii.  any amount received by the taxpayer after 1971 and before that time on a reduction of the paid-up capital of the corporation in respect of the share;

(j.1)  (paragraph repealed);

DEBT OBLIGATIONS

(k)  where the property is a debt obligation, any amount that was deductible by virtue of sections 167 and 168 for any taxation year commencing before that particular time;

INDEXED DEBT OBLIGATIONS

(k.1)  where the property is an indexed debt obligation,

i.  any amount referred to in paragraph b of section 125.0.1 in respect of the obligation and deductible in computing the income of the taxpayer for a taxation year beginning before the particular time, and

ii.  the amount of any payment that was received or that became receivable by the taxpayer at or before the particular time in respect of an amount that was added under paragraph h.0.1 of section 255 to the cost to the taxpayer of the obligation;

PARTNERSHIP

(l)  when the property is an interest in a partnership,

i.  subject to section 257.2.1, an amount in respect of each fiscal period of the partnership ending after 31 December 1971 and before the particular time, equal to the taxpayer’s share, other than a share under an agreement referred to in section 608, of any loss of the partnership from any source for that fiscal period, computed as if this Part were construed without reference to

(1)  the fraction “1/2” in section 105, as it applied to each fiscal period of the partnership ending before 1 April 1977, and without reference to that or another fraction in sections 107 and 231,

(2)  the reference to the fraction and the letter C in the formula provided for in the first paragraph of section 105.2, and

(3)  paragraph z.4 of section 87, sections 89 to 91, 144, 144.1, 145, 205 to 207, 235, 236.2 to 241, 264, 271, 273, 288, 293, 425, 638.1, 741.2 and 744.1, as it applied to dispositions of property that occurred before 27 April 1995, paragraph j of section 157, as it read before being struck out, Division XV of Chapter IV and paragraphs g and h of section 489, as they read before being struck out,

i.1.  an amount in respect of each fiscal period of the partnership ending before the particular time that is the taxpayer’s limited partnership loss in respect of the partnership for the taxation year in which that fiscal period ends to the extent that such loss was deducted by the taxpayer in computing his taxable income for any taxation year that commenced before the particular time,

i.2.  any amount deemed by section 261.2 to be a loss of the taxpayer,

i.3.  where at the particular time the property is not a tax shelter investment as defined in section 851.38 and the taxpayer would be a member described in section 261.1 of the partnership if the fiscal period of the partnership that includes that time ended at that time, the unpaid principal amount of any indebtedness of the taxpayer for which recourse is limited, either immediately or in the future and either absolutely or contingently, and that may reasonably be considered to have been used to acquire the property,

i.4.  if the taxpayer is a member of the partnership who was a specified member of the partnership at all times since becoming a member of the partnership or the taxpayer is at the particular time a limited partner of the partnership for the purposes of section 261.1, the amount

(1)  deducted under section 217.13 in computing the taxpayer’s income for the taxation year in respect of the interest, where the particular time is in the taxpayer’s first taxation year in which a qualifying fiscal period, within the meaning of the first paragraph of section 217.10, of the business carried on by the taxpayer as a member of the partnership ends and is after the end of that period, and

(2)  where the particular time is in any other taxation year, deducted under section 217.13 in respect of the interest in computing the taxpayer’s income for the taxation year preceding that other year,

ii.  an amount with respect to each fiscal period of the partnership ending after 31 December 1971 and before the particular time, except a fiscal period subsequent to that in which the taxpayer ceased to be a member of the partnership, equal to the share of the taxpayer in the aggregate of Canadian exploration and development expenses, foreign resource pool expenses, Canadian exploration expenses, Canadian development expenses and Canadian oil and gas property expenses incurred by the partnership in the fiscal period and the amounts which, but for paragraph d of section 600, would be deductible in computing the income of the partnership for the fiscal period under the Act respecting the application of the Taxation Act (chapter I-4) in respect of exploration and development expenses,

ii.1.  where the taxpayer is a corporation or an individual, an amount in respect of each fiscal period of the partnership ending before the particular time, other than a fiscal period subsequent to that in which the taxpayer ceased to be a member of the partnership, equal to the taxpayer’s share of the aggregate of all amounts each of which would, but for section 134.2, be deductible in computing the partnership’s income for the fiscal period as dues described in subparagraph a or b of the first paragraph of that section or as a contribution described in subparagraph c of that paragraph,

iii.  any amount deemed, under section 714 or 752.0.10.11, to be the eligible amount of a gift made by the taxpayer as a member of the partnership at the end of any fiscal period of the partnership ending before that time, or in relation to another partnership of which the taxpayer is deemed to be a member under section 693.2 or the second paragraph of section 752.0.10.11 because the taxpayer is a member of the partnership at the end of such a fiscal period,

iv.  every amount received by the taxpayer, after 1971 and before the particular time, as a payment or distribution of his share in the profits or capital of the partnership other than a share under an agreement referred to in section 608,

v.  any amount required by sections 614 to 617 to be deducted before that particular time in computing the adjusted cost base to him of his interest in the partnership,

vi.  an amount equal to that portion of all prescribed amounts deducted in computing the tax otherwise payable by the taxpayer under a prescribed Act for his taxation years ending before that particular time that may reasonably be attributed to amounts added in respect of the partnership under a prescribed provision of the said Act in computing a prescribed amount relating to the taxpayer,

vii.  any amount added pursuant to subsection 4 of section 127.2 of the Income Tax Act in computing his share purchase tax credit for a taxation year ending before or after that time,

viii.  an amount equal to 50% of the amount deemed to be designated pursuant to subsection 4 of section 127.3 of the Income Tax Act before that time in respect of each share, debt obligation or right acquired by the partnership and deemed to have been acquired by the taxpayer under that subsection,

ix.  an amount equal to the amount of all assistance received by the taxpayer before that time that has resulted in a reduction of the capital cost of a depreciable property to the partnership by virtue of section 101.4,

x.  any amount deductible by the taxpayer under section 147.2 or 176.3 in respect of the partnership for a taxation year of the taxpayer ending at or after that time,

xi.  any amount added, before the particular time, to the issue base relating to certain issue expenses, within the meaning of section 726.4.17.11, of the taxpayer and determined by reference to an amount included in an amount referred to in subparagraph ii in respect of the taxpayer regarding the partnership, and

xii.  any amount required by subparagraph b of the first paragraph of section 726.9.6 to be deducted at that time in computing the adjusted cost base to the taxpayer of the interest;

(m)  where the property is an interest in a partnership to which section 636 or 645 applies, any amount received by the taxpayer in full or partial satisfaction of that interest;

TRUST

(n)  where the property is a capital interest of the taxpayer in a trust, other than an interest in a personal trust that has never been acquired for consideration or an interest in a trust referred to in subparagraphs a to d of the third paragraph of section 647,

i.  any amount, to the extent that it has become payable before 1 January 1988, paid to the taxpayer by the trust after 31 December 1971 and before the particular time as payment or distribution of capital, otherwise than as proceeds of disposition of the interest or part thereof,

i.1.  any amount that has become payable by the trust to the taxpayer after 31 December 1987 and before the particular time in respect of the interest, otherwise than as proceeds of disposition of the interest or part thereof, except that portion of the amount

(1)  that was included in computing the taxpayer’s income under section 663,

(1.1)  that is deemed to be a dividend received by the taxpayer under section 663.4,

(2)  from which tax was deducted under Part XIII of the Income Tax Act by reason of paragraph c of subsection 1 of section 212 of the said Act, or

(3)  where the trust was resident in Canada throughout its taxation year in which the amount became payable, that was designated by the trust to be payable to the beneficiary under section 667, that is, subject to section 257.4, equal to the amount designated by the trust to be payable to the beneficiary under section 668 or that is an assessable distribution within the meaning of subsection 1 of section 218.3 of the Income Tax Act;

ii.  an amount equal to that portion of all prescribed amounts deducted in computing the tax payable by the taxpayer under a prescribed Act for his taxation years ending before the particular time that may reasonably be attributed to amounts added in respect of the trust under a prescribed provision of the said Act in computing a prescribed amount relating to the taxpayer,

iii.  any amount added pursuant to subsection 3 of section 127.2 of the Income Tax Act in computing his share purchase tax credit for a taxation year ending before or after that time,

iv.  an amount equal to 50% of the amount deemed to be designated pursuant to subsection 3 of section 127.3 of the Income Tax Act before that time in respect of each share, debt obligation or right acquired by the trust and deemed to have been acquired by the taxpayer under that subsection, and

v.  an amount equal to the amount of all assistance received by the taxpayer before that time that has resulted in a reduction of the capital cost of a depreciable property to the trust by virtue of section 101.4;

(o)  where the property is a capital interest in a trust not resident in Canada which the taxpayer purchased after 31 December 1971 and before the particular time from a person not resident in Canada, at a time, in this paragraph referred to as the “acquisition time”, when the property was not taxable Canadian property and the fair market value of the trust property referred to in section 258 was not less than 50% of the fair market value of all the trust property, the proportion of the amount by which such value of the property referred to in that section at the acquisition time exceeds the cost amounts to the trust at the acquisition time of the property that

i.  except where subparagraph ii applies, the fair market value at the acquisition time of the interest is of the fair market value at the acquisition time of all capital interests in the trust, or

ii.  in the case of a unit of a unit trust, the fair market value at the acquisition time of the unit is of the fair market value at the acquisition time of all the issued units of the trust;

(p)  where the property is a capital interest in a trust to which section 596 applies, any amount required by section 597 to be deducted;

(p.1)  where the property is a capital interest of the taxpayer in a designated trust, within the meaning of section 671.5, the aggregate of all amounts each of which is an amount deducted, in respect of that interest, under section 772.15 in computing the tax payable under this Part by the taxpayer or, where the taxpayer is a partnership, by a member of the partnership, for a taxation year that ended before the particular time;

(q)  where the property is an interest in a segregated fund trust referred to in section 851.2:

i.  each amount in respect of that interest that is a capital loss deemed, under section 851.21, to have been allocated to the taxpayer before the particular time, and

ii.  each amount in respect of that interest that before the particular time was deemed by section 851.16 to have been a capital loss of the taxpayer;

(r)  (paragraph repealed).

1972, c. 23, s. 238; 1973, c. 17, s. 24; 1974, c. 18, s. 14; 1975, c. 22, s. 44; 1977, c. 26, s. 25; 1978, c. 26, s. 44; 1982, c. 5, s. 59; 1984, c. 15, s. 63; 1985, c. 25, s. 46; 1986, c. 19, s. 43; 1987, c. 67, s. 65; 1988, c. 4, s. 29; 1989, c. 77, s. 24; 1990, c. 59, s. 120; 1992, c. 1, s. 29; 1993, c. 16, s. 114; 1993, c. 64, a. 25; 1994, c. 22, s. 124; 1996, c. 39, s. 73; 1997, c. 3, s. 71; 1997, c. 14, s. 55; 1997, c. 31, s. 39; 1998, c. 16, s. 105; 2001, c. 7, s. 32; 2001, c. 53, s. 48; 2003, c. 2, s. 88; 2004, c. 8, s. 50; 2004, c. 21, s. 69; 2006, c. 13, s. 34; 2007, c. 12, s. 45; 2009, c. 5, s. 88; 2009, c. 15, s. 68.

257.1. For the purposes of paragraphs d, l and n of section 257, where a taxpayer has deducted an amount by virtue of subsection 5 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing his tax payable for a taxation year under that Act and that amount may reasonably be attributed to the amounts added in computing the investment tax credit, within the meaning of subsection 9 of the said section 127, determined at the end of the year in respect of the taxpayer and that are related to a property acquired or an expenditure made in a taxation year subsequent to that taxation year, the taxpayer is deemed to have made the deduction in that subsequent taxation year.

1985, c. 25, s. 47; 1986, c. 19, s. 44.

257.2. For the purposes of paragraph f.2 of section 257, where a taxpayer has in a taxation year received an amount that would, but for this section, be included in computing his income under paragraph w of section 87 in respect of the cost of a property, other than depreciable property, acquired by him in the year, in the three taxation years preceding the year or in the taxation year following the year, he may elect under this section on or before his filing-due date for the year or, where the property is acquired in the taxation year following the year, for that following year, to reduce the cost of the property by such amount as he may specify, not exceeding the least of

(a)  the adjusted cost base, determined without reference to paragraph f.2 of section 257, at the time the property was acquired;

(b)  the amount so received by the taxpayer;

(c)  where the taxpayer has disposed of the property before the year, nil.

1987, c. 67, s. 66; 1994, c. 22, s. 125; 1997, c. 31, s. 40.

257.2.1. For the purposes of subparagraph i of paragraph l of section 257 in respect of a taxpayer, a partnership’s loss for a fiscal period, computed in accordance with that subparagraph, does not include all or any portion of that loss that may reasonably be considered to be included in the taxpayer’s limited partnership loss in respect of the partnership for the taxpayer’s taxation year in which that fiscal period ends.

2003, c. 2, s. 89.

257.3. Subparagraph i.4 of paragraph l of section 257 does not apply in respect of a taxpayer’s interest in a partnership where

(a)  the particular time referred to in the said subparagraph i.4 is immediately before a disposition of the taxpayer’s interest in the partnership and no amount is deductible under section 217.13 in respect of the interest in computing the taxpayer’s income for the taxpayer’s taxation year following the taxation year that includes the particular time;

(b)  the taxpayer has income on 31 December 1995 in respect of the business referred to in the said subparagraph i.4 because of sections 217.2 to 217.9.1; or

(c)  the taxpayer’s partnership interest was held by the taxpayer on 22 February 1994 and is an excluded interest, within the meaning assigned by section 261.6, at the end of the fiscal period of the partnership that includes the particular time.

1997, c. 31, s. 41; 2000, c. 5, s. 293.

257.4. For the purposes of subparagraph 3 of subparagraph i.1 of paragraph n of section 257 in respect of a taxpayer’s interest in a trust, where a taxation year of the trust that includes 28 February 2000 or 17 October 2000, or that begins after 28 February 2000 and ends before 17 October 2000, ends in the taxpayer’s taxation year, that subparagraph 3 shall be read with “the product obtained by multiplying the fraction obtained when 1 is subtracted from the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the trust for its taxation year, by” inserted after “equal to”.

2003, c. 2, s. 90.

258. The property referred to in paragraph o of section 257 in respect of a trust not resident in Canada is the following:

(a)  a Canadian resource property;

(b)  an income interest in a trust resident in Canada;

(c)  a taxable Canadian property; and

(d)  a timber resource property.

1975, c. 22, s. 45; 1986, c. 19, s. 45.

DIVISION IV IDENTICAL PROPERTIES AND SPECIAL CASES

1972, c. 23; 1996, c. 39, s. 74.

259. When at a particular time after 1971 a taxpayer owns a property or a group of identical properties acquired after 1971 and acquires thereafter one or several other properties called “new property” in this section, identical to the first, the following rules apply to determine, at a later date, the adjusted cost base of each such identical property:

(a)  the taxpayer is deemed to have disposed immediately before the particular time of each first property for an amount equal to its adjusted cost base;

(b)  the taxpayer is deemed to have acquired each such identical first and new property at the particular time at a mean cost equal to the quotient obtained by dividing the aggregate of the adjusted cost bases of the first properties immediately before the particular time and the cost of the new property,

i.  by the number of such identical properties owned by the taxpayer immediately after such particular time, or

ii.  in the case of identical properties that are bonds, debentures, bills or notes, or other similar obligations issued by a debtor, by the quotient obtained by dividing the aggregate of the principal amounts of all such properties immediately after the particular time by the principal amount of the identical property;

(c)  the taxpayer shall deduct, after the particular time, in computing the adjusted cost base to the taxpayer of each such first and new identical property, an amount equal to the quotient obtained by dividing the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing immediately before the particular time the adjusted cost base to the taxpayer of the first properties

i.  by the number of such identical properties owned by the taxpayer immediately after the particular time, or

ii.  in the case of properties referred to in subparagraph ii of paragraph b, by the quotient determined under that subparagraph in respect of the acquisition; and

(d)  the taxpayer shall add, after the particular time, in computing the adjusted cost base to the taxpayer of each such first and new identical property the amount determined under paragraph c in respect of the identical property.

1972, c. 23, s. 239; 1975, c. 22, s. 46; 1990, c. 59, s. 121; 1996, c. 39, s. 75.

259.0.1. For the purposes of section 259, a security within the meaning of section 47.18 acquired by a taxpayer after 27 February 2000 is deemed not to be identical to any other security acquired by the taxpayer if

(a)  the security is acquired in circumstances to which any of sections 49.2, 49.5, 58.0.1 and 886 applies; or

(b)  the security is a security to which the first paragraph of section 49.2.3 applies.

2003, c. 2, s. 91; 2009, c. 5, s. 89.

259.1. Where at any time in a taxation year a person or partnership, in this section referred to as the “vendor”, disposes of a specified property and the proceeds of disposition of the property are determined under paragraph a of section 247.2, sections 433 to 451, 454 to 462.0.2, section 518 or 552, paragraph a of section 553.1, the first or the second paragraph of section 557, the second paragraph of section 614, section 619, 625, 631 or 654, subparagraph a of the first paragraph of section 688 or 688.1, paragraph a of section 692.8, subparagraph c of the second paragraph of section 736 or Chapter I of Title I.1 of Book VI, the following rules apply to the person or partnership, in this section referred to as the “transferee”, who acquires or reacquires the property at or immediately after that time:

(a)  the transferee shall deduct after that time in computing the adjusted cost base to the transferee of the property the amount by which the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before that time, the adjusted cost base to the vendor of the property, exceeds the amount that would be the vendor’s capital gain for the year from that disposition if this Part were read without reference to subparagraph b of the first paragraph of section 234 and section 638; and

(b)  the transferee shall add after that time, in computing the adjusted cost base to the transferee of the property, the amount determined under paragraph a in respect of that disposition.

1996, c. 39, s. 76; 1997, c. 3, s. 71; 2001, c. 7, s. 33; 2003, c. 2, s. 92; 2004, c. 8, s. 51; 2004, c. 21, s. 70; 2009, c. 5, s. 90.

259.2. The rules provided in the second paragraph apply where

(a)  at any time in a taxation year a person or partnership, in this section referred to as “the vendor”, disposes of a specified property to another person or partnership, in this section referred to as “the transferee” ;

(b)  immediately before that time, the vendor and the transferee did not deal with each other at arm’s length or would not have dealt with each other at arm’s length had this section applied with reference to subparagraph k of the first paragraph of section 485.3;

(c)  paragraph b would apply in respect of the disposition if each right referred to in paragraph b of section 20 that is a right of the transferee to acquire the specified property from the vendor or a right of the transferee to acquire other property as part of a transaction or event or series of transactions or events that includes the disposition were not taken into account; and

(d)  the proceeds of the disposition are not determined under any of the provisions referred to in section 259.1.

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

(a)  the transferee shall deduct after that time, in computing the adjusted cost base to the transferee of the property, the amount by which the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before that time, the adjusted cost base to the vendor of the property exceeds the amount that would be the vendor’s capital gain for the year from the disposition if this Part were read without reference to subparagraph b of the first paragraph of section 234 and section 638; and

(b)  the transferee shall add after that time, in computing the adjusted cost base to the transferee of the property, the amount determined under paragraph a in respect of the disposition.

1996, c. 39, s. 76; 1997, c. 3, s. 71; 2001, c. 7, s. 34.

259.3. Where a capital property that is a specified property is acquired by a new corporate entity, in this section referred to as the “new corporation”, at any time as a result of the amalgamation or merger of two or more corporations, each of which is referred to in this section as a “predecessor corporation”,

(a)  the new corporation shall deduct after that time in computing the adjusted cost base to the new corporation of the capital property the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before that time, the adjusted cost base to a predecessor corporation of the property, unless those amounts are otherwise deducted under that paragraph b.1 in computing the adjusted cost base to the new corporation of the capital property; and

(b)  the new corporation shall add after that time, in computing the adjusted cost base to the new corporation of the capital property, the amount deducted under paragraph a in respect of the acquisition.

1996, c. 39, s. 76; 1997, c. 3, s. 71; 1997, c. 14, s. 56.

260. (Repealed).

1972, c. 23, s. 240; 1990, c. 59, s. 122.

260.1. (Repealed).

1985, c. 25, s. 48; 1987, c. 67, s. 67.

CHAPTER IV SPECIAL APPLICATIONS

1972, c. 23.

DIVISION I BALANCE OF THE ADJUSTED COST BASE

1972, c. 23.

261. Except where section 261.1 applies, where the aggregate of all amounts required by section 257, except paragraph l of that section, to be deducted in computing the adjusted cost base to a taxpayer of any property at any time in a taxation year exceeds the aggregate of the cost to the taxpayer of the property determined for the purpose of computing the adjusted cost base to the taxpayer of that property at that time and of all amounts required by section 255 to be added to the cost to the taxpayer of the property in computing the adjusted cost base to the taxpayer of that property at that time, the following rules apply:

(a)  subject to section 589.1, the amount of the excess is deemed to be a gain of the taxpayer for the year from the disposition of the property,

(b)  for the purposes of Chapter V of Title X, the amount of the excess is deemed to be proceeds of disposition of the property to the taxpayer, and

(c)  for the purposes of Chapter V of Title X and Title VI.5 of Book IV, the property is deemed to have been disposed of by the taxpayer in the year.

1972, c. 23, s. 241; 1975, c. 22, s. 47; 1990, c. 59, s. 123; 1993, c. 16, s. 115; 1996, c. 39, s. 77.

DIVISION I.1 INTEREST IN A PARTNERSHIP

1996, c. 39, s. 78; 1997, c. 3, s. 71.

261.1. Where, at the end of a fiscal period of a partnership, a member of the partnership is a limited partner of the partnership or is a member of the partnership who was a specified member of the partnership at all times since becoming a member, except where the member’s partnership interest was held by the member on 22 February 1994 and is an excluded interest at the end of the fiscal period, and except where paragraph c of section 618 or section 642 applies:

(a)  the amount determined under the second paragraph is deemed to be a gain from the disposition, at the end of the fiscal period, of the member’s interest in the partnership; and

(b)  for the purposes of Title VI.5 of Book IV, the interest is deemed to have been disposed of by the member at that time.

The amount to which subparagraph a of the first paragraph refers in respect of a member’s interest in a partnership at the end of a fiscal period of the partnership is the amount by which the aggregate of all amounts required by section 257 to be deducted in computing the adjusted cost base to the member of the interest in the partnership at that time exceeds the aggregate of

(a)  the cost to the member of the interest determined for the purpose of computing the adjusted cost base to the member of that interest at that time; and

(b)  all amounts required by section 255 to be added to the cost to the member of the interest in computing the adjusted cost base to the member of that interest at that time.

1996, c. 39, s. 78; 1997, c. 3, s. 71.

261.2. A taxpayer that is a member of a partnership at a particular time corresponding to the end of a fiscal period of the partnership, that is a corporation, an individual other than a trust, or an inter vivos trust, and that makes, in relation to that fiscal period, a valid election under subsection 3.12 of section 40 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the taxpayer’s interest in the partnership, is deemed to have a loss from the disposition at the particular time of the taxpayer’s interest in the partnership equal to the least of

(a)  the amount by which the aggregate of all amounts each of which is an amount deemed under section 261.1 to be a gain of the taxpayer from a disposition of the interest before the particular time exceeds the aggregate of all amounts each of which is an amount deemed under this section to be a loss of the taxpayer from a disposition of the interest before the particular time;

(b)  the adjusted cost base to the taxpayer of the interest at the particular time; and

(c)  the total of the amount for which the election is made and, if that amount is the maximum amount for which the election can be made, the amount that the taxpayer designates in respect of the interest in the taxpayer’s fiscal return filed under this Part for the taxation year that includes the particular time.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 3.12 of section 40 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1996, c. 39, s. 78; 1997, c. 3, s. 71; 2009, c. 5, s. 91.

261.3. For the purpose of applying sections 255 to 258 at any time in respect of a member of a partnership who would be a member described in section 261.1 of the partnership if the fiscal period of the partnership that includes that time ended at that time, where at any time after 21 February 1994 the member of the partnership makes a contribution of capital to the partnership, the contribution is deemed not to have been made where

(a)  the partnership or a person or partnership with whom the partnership does not deal at arm’s length makes a loan to the member or to a person with whom the member does not deal at arm’s length, or pays an amount as a payment or distribution of the member’s share in the profits or capital of the partnership, or the member or a person with whom the member does not deal at arm’s length becomes indebted to the partnership or a person or partnership with whom the partnership does not deal at arm’s length; and

(b)  it is established, by subsequent events or otherwise, that the loan, payment or indebtedness was made or arose as part of a series of contributions, loans, payments or other similar transactions.

1996, c. 39, s. 78; 1997, c. 3, s. 71.

261.3.1. Where it can reasonably be considered that one of the main reasons that a member of a partnership was not a specified member of the partnership at all times since becoming a member of the partnership is to avoid the application of section 261.1 in respect of the member’s interest in the partnership, the member is deemed for the purposes of that section to have been a specified member of the partnership at all times since becoming a member of the partnership.

2000, c. 5, s. 69.

261.4. For the purposes of section 261.1, a member of a partnership who acquired an interest in the partnership after 22 February 1994 is deemed to have held the interest on 22 February 1994 where the member acquired the interest

(a)  in circumstances in which

i.  subparagraph a.1 of the first paragraph of section 440 applied,

ii.  the interest was held, on 22 February 1994,

(1)  where the member is an individual, by the member’s spouse,

(2)  where the member is a trust, by the individual by whose will the trust was created, and

iii.  the interest was, immediately before the death of the spouse or the individual, as the case may be, an excluded interest;

(b)  in circumstances in which

i.  subparagraph a.1 of the first paragraph of section 444 applied,

ii.  the member’s father or mother held the interest on 22 February 1994, and

iii.  the interest was, immediately before the death of the member’s father or mother, an excluded interest;

(c)  in circumstances in which

i.  subparagraph b.1 of the first paragraph of section 450 applied,

ii.  the trust referred to in section 450 or the individual by whose will the trust was created held the interest on 22 February 1994, and

iii.  the interest was, immediately before the death of the spouse referred to in section 450, an excluded interest; or

(d)  before 1 January 1995 pursuant to a document referred to in paragraph a, e or f of section 261.7.

1996, c. 39, s. 78; 1997, c. 3, s. 71.

261.5. In section 261.1, a member of a partnership at a particular time is a limited partner of that partnership at that time if, at that time or within three years after that time,

(a)  by operation of any law governing the partnership arrangement, the liability of the member as a member of the partnership is limited, except by operation of a provision of a statute of Canada or a province that limits the member’s liability only for debts and other obligations of the partnership, or any member of the partnership, arising from the misconduct or faults or omissions or negligent acts that another member of the partnership or an employee, agent or mandatary, or representative of that member or of the partnership commits in the course of the partnership business while the partnership is a limited liability partnership referred to in that provision;

(b)  the member or a person not dealing at arm’s length with the member is entitled, either immediately or in the future and either absolutely or contingently, to receive an amount or to obtain a benefit that would be described in paragraph b of section 613.3 if that paragraph were read without reference to subparagraphs ii, as it applies before being struck out, and vi thereof;

(c)  where the member who owns the interest is a corporation, partnership or trust, one of the reasons for the existence of the member can reasonably be considered to be to limit the liability of any person with respect to that interest, and cannot reasonably be considered to be to permit any person who has an interest in the corporation, partnership or trust, as the case may be, to carry on the person’s business, other than an investment business, in the most effective manner; or

(d)  one of the main reasons for the existence of an agreement or other arrangement for the disposition of an interest in the partnership can reasonably be considered to be to attempt to avoid the application of this section to the member.

1996, c. 39, s. 78; 1997, c. 3, s. 71; 2000, c. 5, s. 70; 2001, c. 7, s. 35; 2003, c. 2, s. 93.

261.6. In this division, an excluded interest in a partnership at any time means an interest in a partnership that actively carries on a business that was carried on by it throughout the period beginning on 22 February 1994 and ending at that time, or that earns income from a property that was owned by it throughout that period, unless in that period there was a substantial contribution of capital to the partnership or a substantial increase in the indebtedness of the partnership.

1996, c. 39, s. 78; 1997, c. 3, s. 71.

261.7. For the purposes of section 261.6, a contribution of capital or an increase in the indebtedness will be considered not to be substantial where

(a)  the amount was raised pursuant to the terms of a written agreement entered into by a partnership before 22 February 1994 to issue an interest in the partnership and was expended on expenditures contemplated by the agreement before 1 January 1995, or before 2 March 1995 in the case of amounts expended to acquire

i.  a film production prescribed for the purposes of subparagraph ii of paragraph b of section 613.3 the principal photography of which or, in the case of such a production that is a television series, one episode of the series, commences before 1 January 1995 and the production is completed before 2 March 1995, or

ii.  an interest in one or more partnerships all or substantially all of the property of which is a film production referred to in subparagraph i;

(b)  the amount was raised pursuant to the terms of a written agreement, other than an agreement referred to in paragraph a, entered into by a partnership before 22 February 1994 and was expended on expenditures contemplated by the agreement before 1 January 1995, or before 2 March 1995 in the case of amounts expended to acquire a property described in subparagraph i or ii of paragraph a;

(c)  the amount was used by the partnership before 1 January 1995, or before 2 March 1995 in the case of amounts expended to acquire a property described in subparagraph i or ii of paragraph a, to make an expenditure required to be made pursuant to the terms of a written agreement entered into by the partnership before 22 February 1994;

(d)  the amount was used to repay a loan, debt or contribution of capital that had been received or incurred in respect of an expenditure referred to in any of paragraphs a to c;

(e)  the amount was

i.  raised before 1 January 1995 pursuant to the terms of a final prospectus, preliminary prospectus, offering memorandum or registration statement filed before 22 February 1994 with a public authority in Canada in accordance with the securities legislation of Canada or of a province and, where required by law, accepted for filing by the public authority, and

ii.  expended before 1 January 1995, or before 2 March 1995 in the case of amounts expended to acquire a film production prescribed for the purposes of subparagraph ii of paragraph b of section 613.3, or an interest in one or more partnerships all or substantially all of the property of which is such a film production, on expenditures contemplated by the document referred to in subparagraph i that was filed before 22 February 1994;

(f)  the amount was raised before 1 January 1995 pursuant to the terms of an offering memorandum distributed as part of an offering of securities where

i.  the memorandum contained a complete or substantially complete description of the securities contemplated in the offering as well as the terms and conditions of the offering,

ii.  the memorandum was distributed before 22 February 1994,

iii.  solicitations in respect of the sale of the securities contemplated by the memorandum were made before 22 February 1994,

iv.  the sale of the securities was substantially in accordance with the memorandum, and

v.  the funds were expended in accordance with the memorandum before 1 January 1995 or, in the case of a partnership all or substantially all of the property of which is property described in subparagraph i or ii of paragraph a, before 2 March 1995; or

(g)  the amount was used for an activity that was carried on by the partnership on 22 February 1994 but not for a significant expansion of the activity nor for the acquisition or production of a film production.

1996, c. 39, s. 78; 1997, c. 3, s. 71; 1999, c. 83, s. 50; 2001, c. 53, s. 49.

261.8. For the purposes of section 261.6, a partnership in respect of which any of paragraphs a to f of section 261.7 applies shall be considered to have actively carried on the business contemplated by the document referred to in any of those paragraphs, or earned income from the property described in any of those paragraphs, throughout the period beginning 22 February 1994 and ending on the earlier of 1 January 1995 and the closing date stipulated in the document.

1996, c. 39, s. 78; 1997, c. 3, s. 71.

DIVISION II GAINS OR LOSSES IN RESPECT OF FOREIGN CURRENCIES

1972, c. 23.

262. When a taxpayer makes a gain or sustains a loss due to any fluctuation in foreign currency in relation to Canadian currency after 1971, his capital gain or capital loss, as the case may be, is equal to the difference between the aggregate capital gains he so makes and the aggregate capital losses he so sustains.

In the case of an individual, any difference less than $200 is deemed nil and any difference greater than $200 shall be reduced by $200.

1972, c. 23, s. 242.

262.1. The rule set out in section 262.2 applies for the purpose of computing at a particular time a corporation’s gain or loss (in this section and section 262.2 referred to as the “new gain” or “new loss”, as the case may be), in respect of the whole or any part (in this section and section 262.2 referred to as the “relevant part”) of a foreign currency debt of the corporation, arising—otherwise than because of the application of section 736.0.0.1—from a fluctuation in the value of the currency of the foreign currency debt, if before the particular time the corporation realized a capital gain or loss in respect of the foreign currency debt because of section 736.0.0.1.

2010, c. 5, s. 29.

262.2. The rule to which section 262.1 refers is the rule according to which the new gain is the positive amount, or the new loss is the negative amount, as the case may be, determined by the formula

A + B - C.

In the formula in the first paragraph,

(a)  A is

i.  if the corporation would, but for any application of section 736.0.0.1, recognize a new gain, the amount of the new gain, determined without reference to this section, or

ii.  if the corporation would, but for any application of section 736.0.0.1, recognize a new loss, the amount of the new loss, determined without reference to this section, expressed as a negative amount;

(b)  B is the aggregate of all amounts each of which is that portion of the amount of a capital loss sustained by the corporation before the particular time, in respect of the foreign currency debt and because of section 736.0.0.1, that can reasonably be attributed to

i.  the relevant part of the foreign currency debt at the particular time, or

ii.  the forgiven amount (within the meaning of section 485) in respect of the foreign currency debt at the particular time; and

(c)  C is the aggregate of all amounts each of which is that portion of the amount of a gain realized by the corporation before the particular time, in respect of the foreign currency debt and because of section 736.0.0.1, that can reasonably be attributed to

i.  the relevant part of the foreign currency debt at the particular time, or

ii.  the forgiven amount (within the meaning of section 485) in respect of the foreign currency debt at the particular time.

2010, c. 5, s. 29.

DIVISION III GAINS OR LOSSES RELATING TO BONDS OR DEBENTURES

1972, c. 23; 1996, c. 39, s. 79.

263. Where a taxpayer has issued any bond, debenture or similar obligation and has at any subsequent time after 1971 purchased the obligation in the open market, in the manner in which any such obligation would normally be purchased by any member of the public,

(a)  the amount by which the amount for which the obligation was issued exceeds the purchase price paid or agreed to be paid is deemed to be a capital gain of the taxpayer for the taxation year from the disposition of a capital property; and

(b)  the amount by which the purchase price paid or agreed to be paid for the obligation exceeds the greater of the principal amount of the obligation and the amount for which it was issued is deemed to be a capital loss of the taxpayer for the taxation year from the disposition of a capital property.

An amount may be deemed to be a capital gain or a capital loss of a taxpayer under the first paragraph to the extent that the amount would not, if this Part were read without reference to sections 485.12 and 485.13, otherwise be included or be deductible, as the case may be, in computing the taxpayer’s income for the year or any other year.

1972, c. 23, s. 243; 1996, c. 39, s. 80.

264. The loss to a corporation from the disposition of a bond or debenture shall be decreased by the aggregate of the amounts it has received as interest on such bond or debenture, as the case may be, that have not been included in computing its income under paragraph d of section 489.

1972, c. 23, s. 244; 1996, c. 39, s. 80; 1997, c. 3, s. 71.

264.0.1. A taxpayer’s loss from the disposition at any time to a particular person or partnership, in this section referred to as the “transferee”, of an obligation that was, immediately after that time, payable by another person or partnership, in this section referred to as the “debtor”, to the transferee shall not be allowable where the taxpayer, the transferee and the debtor are related to each other at that time or would be related to each other at that time if this section applied with reference to subparagraph k of the first paragraph of section 485.3.

1996, c. 39, s. 81; 1997, c. 3, s. 71.

264.0.2. Where a taxpayer sustains a loss on the settlement or extinguishment of a commercial obligation, within the meaning assigned by section 485, issued by a person or partnership and payable to the taxpayer, the loss, where the consideration given by the person or partnership for the settlement or extinguishment of the obligation consists of one or more other commercial obligations issued by the person or partnership to the taxpayer, is deemed to be the amount determined by the formula

A × [(B − C) / B].

For the purposes of the formula in the first paragraph,

(a)  A is the amount of the taxpayer’s loss, otherwise computed, from the disposition of the commercial obligation;

(b)  B is the total fair market value of the consideration given by the person or partnership for the settlement or extinguishment of the commercial obligation; and

(c)  C is the total fair market value of the other commercial obligations.

1996, c. 39, s. 81; 1997, c. 3, s. 71.

DIVISION III.1 LOSSES DEEMED RELATED TO SHARES

1985, c. 25, s. 49.

264.1. The amount of any unused share-purchase tax credit, within the meaning of subsection 6 of section 127.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), of a taxpayer for a particular taxation year, to the extent that it was not deducted from his tax otherwise payable under Part I of that Act for the immediately preceding taxation year, is deemed to be a capital loss of the taxpayer from a disposition of property for the year immediately following the particular taxation year.

1985, c. 25, s. 49; 1995, c. 49, s. 62.

264.2. The amount of any unused scientific research and experimental development tax credit, within the meaning of subsection 2 of section 127.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), of a corporation for a particular taxation year, to the extent that it was not deducted from its tax otherwise payable under Part I of that Act for the immediately preceding taxation year, is deemed to be a capital loss of the corporation from a disposition of property for the year immediately following the particular taxation year.

1985, c. 25, s. 49; 1987, c. 67, s. 68; 1995, c. 49, s. 63; 1997, c. 3, s. 71.

264.3. The amount of any unused scientific research and experimental development tax credit, within the meaning of paragraph b of section 776.6, of an individual for a particular taxation year, to the extent that it was not deducted from his tax otherwise payable under this Part for the immediately preceding taxation year, and in the proportion of 200% of the product obtained by multiplying that amount not so deducted by the inverse proportion of what is determined pursuant to the second paragraph of section 22, 25 or 26, as the case may be, for the particular taxation year, is deemed to be a capital loss of the individual from a disposition of property for the year immediately following the particular taxation year.

1985, c. 25, s. 49; 1987, c. 67, s. 68.

DIVISION III.2 DEDUCTION FROM BUSINESS INVESTMENT LOSS

1987, c. 67, s. 68.

264.4. An individual other than a trust, in computing his business investment loss for a taxation year from the disposition of a particular property, shall deduct an amount equal to the lesser of

(a)  the amount that would be his business investment loss from the disposition of that particular property if section 236.1 were read without reference to the fourth paragraph thereof;

(b)  the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount deducted by the individual by reason of the fourth paragraph of section 236.1 in computing his business investment loss from the disposition of property in taxation years preceding the year, or from the disposition of property other than the particular property in the year:

i.  the aggregate of all amounts each of which is twice the amount deducted by the individual under Titles VI.5 and VI.5.1 of Book IV in computing the individual’s taxable income for a preceding taxation year that ended before 1 January 1988 or began after 17 October 2000,

ii.  the aggregate of all amounts each of which is

(1)  3/2 of the amount deducted by the individual under Titles VI.5 and VI.5.1 of Book IV in computing the individual’s taxable income for a preceding taxation year that ended after 31 December 1987 but before 1 January 1990 or that began after 28 February 2000 and ended before 17 October 2000, or

(2)  the product obtained by multiplying the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for a preceding taxation year that includes 28 February 2000 or 17 October 2000 by the amount deducted under Titles VI.5 and VI.5.1 of Book IV in computing the individual’s taxable income for that preceding taxation year, and

iii.  the aggregate of all amounts each of which is 4/3 of the amount deducted by the individual under Titles VI.5 and VI.5.1 of Book IV in computing the individual’s taxable income for a preceding taxation year that ended after 31 December 1989 but before 28 February 2000.

However, where a particular amount was included in computing the individual’s income for a taxation year that ended after 31 December 1987 but before 1 January 1990 under subparagraph ii of paragraph a of section 105, as it read in respect of that taxation year, the reference in subparagraph 1 of subparagraph ii of subparagraph b of the first paragraph to “3/2” shall be read as a reference to “4/3” in respect of that portion of any amount deducted under Title VI.5 of Book IV in respect of the particular amount.

1987, c. 67, s. 68; 1990, c. 59, s. 124; 1993, c. 19, s. 20; 1995, c. 49, s. 64; 2003, c. 2, s. 94.

264.5. A trust, in computing its business investment loss for a taxation year from the disposition of a particular property, shall deduct an amount equal to the lesser of

(a)  the amount that would be its business investment loss from the disposition of that particular property if section 236.1 were read without reference to the fourth paragraph thereof;

(b)  the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount deducted by the trust by reason of the fourth paragraph of section 236.1 in computing its business investment loss from the disposition of property in taxation years preceding the year, or from the disposition of property other than the particular property in the year:

i.  the aggregate of all amounts each of which is twice the amount designated by it under section 668.1 in respect of a beneficiary in its fiscal return for a preceding taxation year that ended before 1 January 1988 or began after 17 October 2000,

ii.  the aggregate of all amounts each of which is

(1)  3/2 of the amount designated by it under section 668.1 in respect of a beneficiary in its fiscal return for a preceding taxation year that ended after 31 December 1987 but before 1 January 1990 or that began after 28 February 2000 and ended before 17 October 2000, or

(2)  the product obtained by multiplying the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the trust for a preceding taxation year that includes 28 February 2000 or 17 October 2000 by the amount designated by the trust under section 668.1 in respect of a beneficiary in its fiscal return for that preceding taxation year, and

iii.  the aggregate of all amounts each of which is 4/3 of the amount designated by it under section 668.1 in respect of a beneficiary in its fiscal return for a preceding taxation year that ended after 31 December 1989 but before 28 February 2000.

However, where a particular amount was included in computing the trust’s income for a taxation year that ended after 31 December 1987 but before 1 January 1990 under subparagraph ii of paragraph a of section 105, as it read in respect of that taxation year, the reference in subparagraph 1 of subparagraph ii of subparagraph b of the first paragraph to “3/2” shall be read as a reference to “4/3” in respect of that portion of any amount deducted under Title VI.5 of Book IV in respect of the particular amount.

1987, c. 67, s. 68; 1990, c. 59, s. 125; 1995, c. 49, s. 65; 2003, c. 2, s. 95.

DIVISION III.3 RECOVERY OF BAD DEBTS

1990, c. 59, s. 126; 1995, c. 49, s. 236.

264.6. Where an amount is received in a taxation year on account of a debt in respect of which a deduction for bad debts had been made under section 142.1 in computing a taxpayer’s income for a preceding taxation year, the amount by which 1/2 of the amount so received exceeds the amount determined under paragraph i.1 of section 87 in respect of the amount so received is deemed to be a taxable capital gain of the taxpayer from a disposition of capital property in the year.

1990, c. 59, s. 126; 1995, c. 49, s. 236; 1996, c. 39, s. 82; 2003, c. 2, s. 96.

DIVISION III.4 LOSSES DEEMED TO BE RELATED TO THE REPAYMENT OF ASSISTANCE

1994, c. 22, s. 126.

264.7. The aggregate of all amounts paid by a taxpayer in a taxation year each of which is any of the amounts described in the second paragraph, is deemed to be a capital loss of the taxpayer for the year from the disposition of property by the taxpayer in the year and, for the purposes of Title VI.5 of Book IV, that property is deemed to have been disposed of by the taxpayer in the year.

The amounts referred to in the first paragraph are

(a)  such part of any assistance described in subparagraph i of paragraph d of section 257, in respect of, or for the acquisition by the taxpayer of, a capital property, other than depreciable property, as has been repaid by the taxpayer in the year, where the repayment is made after the disposition of the capital property by the taxpayer and under an obligation to repay all or any part of that assistance; or

(b)  an amount repaid by the taxpayer in the year in respect of a capital property, other than depreciable property, acquired by the taxpayer that is repaid after the disposition of the capital property by the taxpayer and that would have been a repayment described in paragraph f.2 of section 257 had it been made before the disposition of the capital property.

1994, c. 22, s. 126.

DIVISION IV DISPOSITION OF PRECIOUS PROPERTY

1972, c. 23.

265. The taxable net gain from the disposition of precious property for a taxpayer is equal to, subject to the second paragraph, 1/2 of the taxpayer’s net gain for the year from the disposition of precious property that is personal-use property and is all or part of any print, etching, drawing, painting, sculpture or other similar work of art, jewellery, rare folio, rare manuscript or rare book, stamp, or coin.

However, where the taxation year of the taxpayer includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the fraction “1/2” in the first paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year.

1972, c. 23, s. 245; 1990, c. 59, s. 127; 2003, c. 2, s. 97.

266. The net gain contemplated in section 265 is computed:

(a)  by determining the amount by which the aggregate of all the taxpayer’s gains for the year from the disposition of precious property, except prescribed cultural property contemplated in section 232, exceeds the aggregate of his losses for the year from the disposition of precious property; and

(b)  by deducting from the amount so obtained such portion as the taxpayer may claim of his precious property losses for the seven preceding taxation years and the three following taxation years.

1972, c. 23, s. 246; 1975, c. 22, s. 48; 1985, c. 25, s. 50.

267. The deduction provided for in paragraph b of section 266 in respect of a precious property loss is deductible for a taxation year only to the extent that it exceeds the aggregate of amounts deducted under that paragraph in respect of that loss for preceding taxation years.

1972, c. 23, s. 247; 1985, c. 25, s. 51.

268. A loss shall not be deducted in respect of precious property before all similar losses have been deducted for previous years.

Such loss shall be deducted from the amount determined under paragraph a of section 266 only up to such amount.

1972, c. 23, s. 248.

269. For the purposes of this division a loss on precious property for a taxation year shall be computed by subtracting from the aggregate of the taxpayer’s losses for the year from the disposition of precious property, the aggregate of his gains for the year from the disposition of precious property, except cultural property contemplated in section 232.

1972, c. 23, s. 249; 1975, c. 22, s. 49.

DIVISION V WARRANTIES

1972, c. 23; 1997, c. 14, s. 57.

270. For the purposes of this Title, a taxpayer shall include, in computing the proceeds of disposition of any property, all amounts received or receivable by the taxpayer as consideration for warranties given by the taxpayer or covenants or conditional or contingent obligations contracted by the taxpayer in respect of the disposition of the property.

In computing the taxpayer’s income for the year in which the property was disposed of and for each subsequent taxation year, any outlay or expense made or incurred by the taxpayer in any such year pursuant to or by reason of any obligation referred to in the first paragraph is deemed to be a loss of the taxpayer for that year from the disposition of a capital property and for the purposes of Title VI.5 of Book IV, that capital property is deemed to have been disposed of by the taxpayer in that year.

1972, c. 23, s. 250; 1986, c. 19, s. 46; 1990, c. 59, s. 128; 2003, c. 2, s. 98.

DIVISION VI DISPOSITION OF PRINCIPAL RESIDENCE

1972, c. 23.

271. The individual’s gain for a taxation year from the disposition of a property that is or was the individual’s principal residence at any time after the date, in this section referred to as the “acquisition date”, that is the later of 31 December 1971 and the day on which the individual last acquired it, is the amount determined by the formula

A − (A × B / C) − D.

For the purposes of the formula in the first paragraph,

(a)  A is the amount that would, if this Act were read without reference to this section and sections 726.9.2 and 726.9.4, be the individual’s gain from the disposition of the property for the year;

(b)  B is one plus the number of taxation years that end after the acquisition date for which the property was the individual’s principal residence and during which the individual was resident in Canada;

(c)  C is the number of taxation years that end after the acquisition date during which the individual owned the property whether jointly with another person or otherwise; and

(d)  D is

i.  where the acquisition date is before 23 February 1994 and the individual or a spouse of the individual elected under section 726.9.2 in respect of the property or an interest therein that was owned, immediately before the disposition, by the individual, 4/3 of the lesser of

(1)  the aggregate of all amounts each of which is the taxable capital gain of the individual or of a spouse of the individual that would have resulted from an election by the individual or spouse under section 726.9.2 in respect of the property or interest if this Act were read without reference to section 726.9.3 and the amount designated in the election were equal to the amount by which the fair market value of the property or interest at the end of 22 February 1994 exceeds the amount designated in the election that was made in respect of the property or interest that exceeds 11/10 of its fair market value at that time, and

(2)  the aggregate of all amounts each of which is the taxable capital gain of the individual or of a spouse of the individual that would have resulted from an election that was made under section 726.9.2 in respect of the property or interest if the property were the principal residence of neither the individual nor the spouse for each particular taxation year unless the property was designated, in a fiscal return for the taxation year that includes 22 February 1994 or for a preceding taxation year, to be the principal residence of either of them for the particular taxation year, and

ii.  in any other case, zero.

1972, c. 23, s. 251; 1973, c. 17, s. 25; 1978, c. 26, s. 45; 1996, c. 39, s. 83.

271.1. If an individual encumbers a property that is the individual’s principal residence with a real servitude for the taxation year in which the servitude is established and the presumption in paragraph a of section 254.1.1 applies in respect of that property, the individual’s gain, for that taxation year, from the deemed disposition of the portion of the property so encumbered is deemed to be equal to zero.

2006, c. 13, s. 35.

272. Where the individual disposes of the individual’s principal residence to the individual’s spouse or a trust and the presumption referred to in section 440 or 454 applies,

(a)  the spouse or the trust is deemed to have owned the residence since the individual acquired it; and

(b)  the residence is deemed to have been the principal residence of the spouse or trust

i.  in the case provided for in section 440, for all the years with respect to which the individual could have designated it, in accordance with the third paragraph of section 274, to have been the individual’s principal residence, and

ii.  in the case provided for in section 454, for all the years for which the residence was the individual’s principal residence.

In the case of a trust, it is deemed to have been resident in Canada during all the years in which the individual was resident in Canada.

1972, c. 23, s. 252; 1994, c. 22, s. 127; 2001, c. 7, s. 36.

273. An individual’s gain from disposition of land used for a farming business that he operates is, if such land includes at any time his principal residence:

(a)  his gain for the year from the disposition of that part of the land which does not include his principal residence, plus his gain determined for the year under section 271 as derived from the disposition of his principal residence, or

(b)  if the individual so elects with respect to such land in the prescribed manner, his gain for the year from the disposition of such land including his principal residence, determined without regard to paragraph a and section 271, less the aggregate of $1,000 and $1,000 for each taxation year ending after the time referred to in the first paragraph of that section 271 during which such property was his principal residence and during which he was resident in Canada.

1972, c. 23, s. 253; 1978, c. 26, s. 46; 1996, c. 39, s. 84.

274. In this Title, “principal residence” of an individual, other than a personal trust, for a taxation year means a particular property that is a housing unit, a leasehold interest in a housing unit or a share of the capital stock of a housing cooperative acquired for the sole purpose of acquiring the right to inhabit a housing unit owned by the cooperative if, in every case, the particular property is owned in the year by the individual, whether alone or jointly with another person, and the condition set out in the second paragraph and one of the following conditions are met:

(a)  the housing unit is ordinarily inhabited in the year by the individual, his spouse or former spouse or his child; or

(b)  the individual has made

i.  an election referred to in the first paragraph of section 284 that relates to the change in use of the particular property in the year or a preceding taxation year, other than such an election in relation to which the second paragraph of that section applies for the year or a preceding taxation year, or

ii.  an election referred to in the first paragraph of section 286.1 that relates to a change in use of the particular property in a subsequent taxation year.

The condition referred to in the first paragraph consists in the particular property having been designated by the individual, in accordance with the third paragraph, as being his principal residence for the year and in no other property having been designated, for the purposes of this section and of sections 274.0.1, 275.1, 277 and 285, for the year by

(a)  where the year is before 1982, the individual; or

(b)  where the year is after 1981,

i.  the individual,

ii.  a person who was throughout the year the individual’s spouse, other than a spouse who was throughout the year living separate and apart from the individual pursuant to a judicial separation or a written separation agreement,

iii.  a person who was the individual’s child, other than a child who was at any time in the year a married person or a person 18 years of age or over, or

iv.  where the individual was not at any time in the year a married person or a person 18 years of age or over, a person who was the individual’s father or mother, or brother or sister, where that brother or sister was not at any time in the year a married person or a person 18 years of age or over;

(c)  (subparagraph repealed);

(d)  (subparagraph repealed).

The designation referred to in the second paragraph shall be made in the fiscal return the individual is required to file under section 1000 for his taxation year during which he has either disposed of, or has granted an option to purchase, the particular property.

1972, c. 23, s. 254; 1973, c. 17, s. 26; 1975, c. 21, s. 5; 1977, c. 26, s. 26; 1984, c. 15, s. 64; 1986, c. 15, s. 55; 1986, c. 19, s. 47; 1989, c. 5, s. 57; 1994, c. 22, s. 128; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 2000, c. 5, s. 71; 2004, c. 8, s. 52; 2009, c. 5, s. 92.

274.0.1. In this Title, “principal residence” of an individual who is a personal trust, in this section referred to as a “trust”, for a taxation year means a particular property that is a housing unit, a leasehold interest in a housing unit or a share of the capital stock of a housing cooperative acquired for the sole purpose of acquiring the right to inhabit a housing unit owned by the cooperative if, in every case, the particular property is owned in the year by the trust, whether alone or jointly with another person, and the conditions set out in the second paragraph and one of the following conditions are met:

(a)  the housing unit was ordinarily inhabited in the calendar year ending in the year by a specified beneficiary of the trust for the year, by the spouse or former spouse of such a beneficiary or by a child of such a beneficiary; or

(b)  the trust has made

i.  an election referred to in the first paragraph of section 284 that relates to the change in use of the particular property in the year or a preceding taxation year, other than such an election in relation to which the second paragraph of that section applies for the year or a preceding taxation year, or

ii.  an election referred to in the first paragraph of section 286.1 that relates to a change in use of the particular property in a subsequent taxation year.

The conditions referred to in the first paragraph are as follows:

(a)  the particular property was designated by the trust, in accordance with the third paragraph, as the trust’s principal residence for the year;

(b)  the trust has specified in the designation each individual, in this section and in section 275.1 referred to as a “specified beneficiary”, who, in the calendar year ending in the year,

i.  is beneficially interested in the trust, and

ii.  except where the trust is entitled to designate the particular property for the year solely by reason of subparagraph b of the first paragraph, ordinarily inhabited the housing unit or has a spouse, former spouse or child who ordinarily inhabited the housing unit;

(c)  no corporation, other than a registered charity, or partnership is beneficially interested in the trust at any time in the year; and

(d)  no other property has been designated for the purposes of this section and sections 274, 275.1, 277 and 285 for the calendar year ending in the year by

i.  a specified beneficiary of the trust for the year,

ii.  a person who was throughout that calendar year the spouse of a beneficiary referred to in subparagraph i, other than a spouse who was throughout that calendar year living separate and apart from the beneficiary pursuant to a judicial separation or a written separation agreement,

iii.  a person who was the child of a beneficiary referred to in subparagraph i, other than a child who was during that calendar year a married person or a person 18 years of age or over, or

iv.  where a beneficiary referred to in subparagraph i was not during that calendar year a married person or a person 18 years of age or over, a person who was the beneficiary’s father or mother, or brother or sister, where that brother or sister was not during that calendar year a married person or a person 18 years of age or over.

The designation referred to in subparagraph a of the second paragraph shall be made in the fiscal return the trust is required to file under section 1000 for its taxation year in which it disposed of the particular property or granted an option to purchase the particular property.

1994, c. 22, s. 129; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 2000, c. 5, s. 72; 2009, c. 5, s. 93; 2009, c. 15, s. 69.

274.1. Where a property was owned by an individual, whether jointly with another person or otherwise, at the end of 1981 and continuously thereafter until disposed of by him, the gain determined under section 271 in respect of the disposition of that property shall not exceed the amount by which the aggregate of

(a)  his gain calculated in accordance with section 271 on the assumption that he had disposed of the property on 31 December 1981 for precedes of disposition equal to its fair market value on that date, and

(b)  his gain calculated in accordance with section 271 on the assumption that that section applies and that

i.  subparagraph b of the second paragraph of that section is read without reference to the words “one plus”, and

ii.  the individual acquired the property on 1 January 1982 at a cost equal to its proceeds of disposition as determined under paragraph a, exceeds

(c)  the amount by which the fair market value of the property on 31 December 1981 exceeds the proceeds of disposition of the property determined without reference to this section.

1984, c. 15, s. 64; 1996, c. 39, s. 85.

274.2. Where, in circumstances to which section 688 applies and section 691 does not apply, property has been acquired by a taxpayer in satisfaction of all or any part of his capital interest in a trust, the taxpayer is deemed, for the purposes of sections 271, 274, 274.0.1, 275.1 to 277 and 285, to have owned the property continuously since the trust last acquired it.

1986, c. 19, s. 48; 1994, c. 22, s. 130.

274.3. Where an election was made under section 726.9.2 in respect of a property of a taxpayer that was the taxpayer’s principal residence for the taxation year 1994 or that, in the taxpayer’s fiscal return for the taxation year in which the taxpayer disposes of the property or grants an option to acquire the property, is designated as the taxpayer’s principal residence, in determining, for the purposes of sections 271, 272, 274.1 and 274.2, the day on which the property was last acquired by the taxpayer and the period throughout which the property was owned by the taxpayer this Act shall be read without reference to section 726.9.2.

1996, c. 39, s. 86.

274.4. Where a person not resident in Canada disposes of a taxable Québec property that the person last acquired before 27 April 1995, that would not be a taxable Québec property immediately before the disposition if sections 1087 to 1096.2 were read as they applied in respect of dispositions that occurred on 26 April 1995 and that would be a taxable Québec property immediately before the disposition if those sections were read as they applied in respect of dispositions that occurred on 1 January 1996, the person’s gain or loss from the disposition is deemed to be the amount determined by the formula

A × B / C.

In the formula provided for in the first paragraph,

(a)  A is the amount of the gain or loss determined without reference to this section;

(b)  B is the number of calendar months in the period that begins with May 1995 and ends with the calendar month that includes the time of the disposition; and

(c)  C is the number of calendar months in the period that begins with the calendar month in which the person last acquired the property and ends with the calendar month that includes the time of the disposition.

2001, c. 7, s. 37; 2004, c. 8, s. 53.

275. (Repealed).

1972, c. 23, s. 255; 1986, c. 19, s. 49; 1994, c. 22, s. 131.

275.1. For the purposes of sections 274 and 274.0.1, a particular property designated by a trust under the second paragraph of section 274.0.1 for a taxation year is deemed to be property designated by each specified beneficiary of the trust for the calendar year ending in the year.

1986, c. 19, s. 50; 1994, c. 22, s. 132.

276. (Repealed).

1972, c. 23, s. 256; 1973, c. 17, s. 27; 1994, c. 22, s. 133.

277. The principal residence of an individual is deemed to include the land subjacent to it and such portion of any contiguous land as can reasonably be regarded as contributing to the use and enjoyment of the housing unit as a residence.

However, where the total area of the land subjacent to the principal residence and the portion of contiguous land exceeds one-half hectare, the excess shall be deemed not to have contributed to the use and enjoyment of the housing unit as a residence unless the individual establishes that it was necessary to such use and enjoyment.

1972, c. 23, s. 257; 1984, c. 15, s. 65; 2004, c. 8, s. 54.

DIVISION VI.1 LIFE ESTATE IN IMMOVABLE PROPERTY

1994, c. 22, s. 134; 1996, c. 39, s. 87.

277.1. Notwithstanding any other provision of this Act, where at any time a taxpayer disposes of a remainder interest in immovable property, except as a result of a transaction to which section 459 would otherwise apply or by way of a gift to a donee described in the definition of “total charitable gifts”, “total Crown gifts” or “total gifts of qualified property” in the first paragraph of section 752.0.10.1, to a person or partnership and retains a life estate or an estate pur autre vie, in this Division called the “life estate”, in the property, the taxpayer is deemed

(a)  to have disposed at that time of the life estate in the immovable property for proceeds of disposition equal to its fair market value at that time; and

(b)  to have reacquired the life estate immediately after that time at a cost equal to the proceeds of disposition referred to in paragraph a.

1994, c. 22, s. 134; 1995, c. 49, s. 66; 1996, c. 39, s. 88; 1997, c. 3, s. 71; 2005, c. 23, s. 43; 2009, c. 5, s. 94.

277.2. Where, as a result of an individual’s death, a life estate to which section 277.1 has applied is terminated,

(a)  the holder of the life estate immediately before the death is deemed to have disposed of the life estate immediately before the death for proceeds of disposition equal to the adjusted cost base to that person of the life estate immediately before the death; and

(b)  where a person who is the holder of the remainder interest in the immovable property immediately before the death was not dealing at arm’s length with the holder of the life estate, there shall, after the death, be added in computing the adjusted cost base to that person of the immovable property an amount equal to the lesser of

i.  the adjusted cost base of the life estate in the property immediately before the death, and

ii.  the amount by which the fair market value of the immovable property immediately after the death exceeds the adjusted cost base to that person of the remainder interest immediately before the death.

1994, c. 22, s. 134; 1996, c. 39, s. 89.

DIVISION VII CAPITAL REPLACEMENT PROPERTY

1972, c. 23; 1978, c. 26, s. 47.

278. Despite section 234, this division applies if, at any time in a taxation year, an amount becomes receivable by a taxpayer as proceeds of disposition of a capital property (in this division referred to as “former property”) that is not a share of the capital stock of a corporation but that is either property the proceeds of disposition of which are described in section 280 or a property that was, immediately before the disposition, a former business property of the taxpayer, and the taxpayer acquires, in the case of a former property the proceeds of disposition of which are described in section 280, before the end of the second taxation year following the year or, if it is later, before the end of the 24-month period following the year, or, in any other case, before the end of the first taxation year following the year or, if it is later, before the end of the 12-month period following the year, a capital property that is a replacement property for the taxpayer’s former property and the replacement property has not been disposed of by the taxpayer before the time at which the taxpayer has disposed of the former property.

1972, c. 23, s. 258; 1975, c. 22, s. 50; 1978, c. 26, s. 47; 2001, c. 7, s. 38; 2004, c. 8, s. 54; 2009, c. 15, s. 70.

278.1. For the purposes of section 278, if a taxpayer acquires a capital replacement property for a former property after the end of the period provided for in that section for the acquisition and, in the Minister’s opinion, the taxpayer was unable to acquire the capital replacement property before the end of the period because of the specific nature of the former property, the taxpayer is deemed to have acquired the capital replacement property before the end of the period.

2002, c. 40, s. 24; 2009, c. 15, s. 70.

279. In the case provided for in section 278, if the taxpayer acquires the replacement property referred to in that section in a taxation year and the taxpayer makes a valid election under subsection 1 of section 44 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the former property or, if section 278.1 applies, the taxpayer so elects in the taxpayer’s fiscal return filed in accordance with section 1000 for the taxation year, the following rules apply:

(a)  the gain for a particular taxation year from the disposition of the former property is deemed to be equal to the amount by which the amount as a reserve that, subject to section 279.1, is equal to the amount determined under the second paragraph or, if section 278.1 applies, the amount by which the amount as a reserve that the taxpayer may claim as a deduction and that does not exceed, subject to section 279.1, the amount determined under the second paragraph, is exceeded by whichever of the following amounts is applicable:

i.  if the particular year is the year in which the proceeds of disposition of the former property become due to the taxpayer, the lesser of the amount determined under the third paragraph and the amount determined under the fourth paragraph, or

ii.  if the particular year is subsequent to the year in which the proceeds of disposition of the former property become due to the taxpayer, the amount that the taxpayer has deducted under this subparagraph a from the amount determined under subparagraph i or this subparagraph ii in computing the taxpayer’s gain for the year preceding the particular year from the disposition of the former property; and

(b)  the cost or, in the case of depreciable property, the capital cost, to the taxpayer, of the replacement property at any time after the time of the disposition of the former property by the taxpayer, is deemed to be the cost otherwise determined, minus the amount by which the amount determined under the third paragraph exceeds the amount determined under the fourth paragraph.

The amount referred to in the portion of subparagraph a of the first paragraph before subparagraph i is equal, without exceeding the amount from which it must be subtracted, to the least of

(a)  a reasonable amount as a reserve in respect of the portion of the proceeds of disposition of the former property that is payable to the taxpayer after the end of the particular year as can reasonably be regarded as a portion of the amount determined under subparagraph i of subparagraph a of the first paragraph in respect of the property;

(b)  an amount equal to the product obtained when 1/5 of the amount determined under subparagraph i of subparagraph a of the first paragraph in respect of the property is multiplied by the amount by which 4 exceeds the number of preceding taxation years of the taxpayer ending after the disposition of the property; and

(c)  unless section 278.1 applies, the amount allowed as a deduction for the year under subparagraph iii of paragraph e of subsection 1 of section 44 of the Income Tax Act in computing the taxpayer’s gain for the particular year from the disposition of the property or, if the amount that is so allowed as a deduction is equal to the maximum amount that the taxpayer may claim as a deduction in that computation under that subparagraph iii in respect of the disposition, the amount that the taxpayer specifies and that is not less than that maximum amount.

The first amount to which subparagraph i of subparagraph a and subparagraph b of the first paragraph refer is equal to the amount by which the proceeds of disposition of the former property exceed the aggregate of the adjusted cost base of the former property to the taxpayer immediately before the disposition and the outlays made or expenses incurred by the taxpayer for the purpose of making the disposition or, in the case of depreciable property, the lesser of such aggregate and the proceeds of disposition of the former property determined without reference to section 280.3.

The second amount to which subparagraph i of subparagraph a and subparagraph b of the first paragraph refer is equal to the amount by which the proceeds of disposition of the former property exceed the aggregate of the cost or, in the case of depreciable property, the capital cost, to the taxpayer, determined without reference to subparagraph b of the first paragraph, of the replacement property and the outlays made or expenses incurred by the taxpayer for the purpose of making the disposition.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 44 of the Income Tax Act or in relation to an election made under this section before 20 December 2006 but otherwise than as a consequence of the application of section 278.1.

1975, c. 22, s. 51; 1978, c. 26, s. 47; 1982, c. 5, s. 60; 1984, c. 15, s. 66; 1986, c. 15, s. 56; 1996, c. 39, s. 90; 1997, c. 85, s. 330; 2009, c. 5, s. 95; 2010, c. 5, s. 30.

279.1. In computing the amount that a taxpayer may deduct under subparagraph a of the first paragraph of section 279 in computing the taxpayer’s gain from the disposition of a former property of the taxpayer, subparagraph b of the second paragraph of that section is to be read as if “1/5” and “4” were replaced by “1/10” and “9”, respectively, if the former property is an immovable property in respect of whose disposition the rules set out in sections 460 to 462 applied to the taxpayer and a child of the taxpayer because of section 459.

1984, c. 15, s. 67; 1986, c. 19, s. 51; 2007, c. 12, s. 46; 2009, c. 5, s. 96; 2010, c. 5, s. 31.

280. For the purposes of this Part, if a taxpayer has disposed of a property for which there are proceeds of disposition referred to in any of subparagraphs ii, iii and iv of subparagraph f of the first paragraph of section 93, the time of disposition of that property and the time when those proceeds become receivable by the taxpayer are deemed to be the earliest of the following times, and the taxpayer is deemed to have owned the property continuously until that time:

(a)  the day the taxpayer has agreed to an amount as final compensation for that property;

(b)  where a claim or other proceeding has been taken before a competent court or tribunal, the day on which the compensation is finally determined by that tribunal or court;

(c)  where a claim or other proceeding referred to in paragraph b has not been taken within two years of the event giving rise to the compensation, the day that is two years following the day of that event;

(d)  the time at which the taxpayer is deemed, under sections 433 to 451 or subparagraph b of the first paragraph of section 785.2, to have disposed of the property; and

(e)  where the taxpayer is a corporation other than a subsidiary referred to in section 556, the time immediately before the winding-up of the corporation.

1975, c. 22, s. 51; 1977, c. 26, s. 27; 1978, c. 26, s. 47; 1995, c. 49, s. 67; 1997, c. 3, s. 71; 2001, c. 53, s. 260; 2005, c. 23, s. 44; 2009, c. 5, s. 97.

280.1. A taxpayer who makes an election referred to in subsection 2 of section 96 or the first paragraph of section 279, as the case may be, in respect of a former property that was a depreciable property of the taxpayer, is deemed to also make an election referred to in the first paragraph of section 279 or subsection 2 of section 96, as the case may be, in respect of the same property.

Notwithstanding sections 1010 to 1011, where a taxpayer has made an election referred to in the first paragraph of section 279, the Minister shall make such reassessments of tax, interest and penalties under this Part as are necessary for any taxation year to take into account that election.

1975, c. 22, s. 51; 1978, c. 26, s. 47; 2002, c. 40, s. 25; 2009, c. 5, s. 98.

280.2. For the purposes of this division, paragraphs a to d of subsection 3 of section 96 apply, with the necessary modifications, where it must be determined if a particular capital property of a taxpayer is a replacement property for a former property of the taxpayer.

1978, c. 26, s. 47; 1995, c. 63, s. 261; 2001, c. 7, s. 39; 2001, c. 53, s. 50.

280.3. For the purposes of this Title, if a taxpayer has disposed of a former business property that was in part a building and in part the land subjacent to, or immediately contiguous to and necessary for the use of, the building or an interest in such a property, and the taxpayer makes a valid election under subsection 6 of section 44 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the disposition, the amount by which the proceeds of disposition of one such part determined without reference to this section exceed the adjusted cost base to the taxpayer of that part is, without exceeding the total of the amount for which the election is made in respect of that part and, when the amount is the maximum amount for which the election may be made in respect of that part, the amount that the taxpayer specifies in relation to that part in the taxpayer’s fiscal return filed under this Part for the taxation year in which the taxpayer acquired a replacement property for the former business property, deemed not to be proceeds of disposition of that part and to be proceeds of disposition of the other part.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 44 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1982, c. 5, s. 61; 1986, c. 15, s. 57; 1995, c. 49, s. 68; 2009, c. 5, s. 99.

280.4. Section 235 applies, with the necessary modifications, to the amount that a taxpayer may deduct under subparagraph a of the first paragraph of section 279, from the amount determined under subparagraph i or ii of that subparagraph a in computing a gain for a taxation year.

1982, c. 5, s. 61; 1995, c. 63, s. 261; 2009, c. 5, s. 99.

DIVISION VII.1 REPLACEMENT SHARES

2003, c. 2, s. 99.

280.5. In this division,

“adjusted cost base reduction” of an individual in respect of a replacement share of the individual in respect of a qualifying disposition of the individual means the amount determined by the formula

D × (E / F);

“common share” means a share prescribed by regulation for the purposes of paragraph d of subsection 1 of section 110 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

“eligible business corporation” at any time means, subject to section 280.14, a corporation that is, at that time, a taxable Canadian corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets of the corporation that are

(a)  assets used principally in an eligible business carried on by the corporation or by an eligible business corporation that is related to the corporation;

(b)  shares issued by or debt owing by other eligible business corporations that are related to the corporation; or

(c)  a combination of assets described in paragraphs a and b;

“eligible pooling arrangement” in respect of an individual means an agreement in writing made between the individual and another person or partnership, in this definition and section 280.7 referred to as the “investment manager”, where the agreement provides for

(a)  the transfer of funds or other property by the individual to the investment manager for the purpose of making investments on behalf of the individual;

(b)  the purchase of eligible small business corporation shares with those funds, or the proceeds of a disposition of the other property, within 60 days after receipt of those funds or the other property by the investment manager; and

(c)  the provision of a statement of account to the individual by the investment manager at the end of each month that ends after the transfer disclosing the details of the investment portfolio held by the investment manager on behalf of the individual at the end of that month and the details of the transactions made by the investment manager on behalf of the individual during the month;

“eligible small business corporation” at any time means, subject to section 280.14, a corporation that, at that time, is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets of the corporation that are

(a)  assets used principally in an eligible business carried on primarily in Canada by the corporation or by an eligible small business corporation that is related to the corporation;

(b)  shares issued by or debt owing by other eligible small business corporations that are related to the corporation; or

(c)  a combination of assets described in paragraphs a and b;

“eligible small business corporation share” of an individual means a common share issued by a corporation to the individual if

(a)  at the time the share was issued, the corporation was an eligible small business corporation; and

(b)  immediately before and after the share was issued, the aggregate of the assets of the corporation and corporations related to it did not exceed $50,000,000;

“permitted deferral” of an individual in respect of a qualifying disposition of the individual means the amount determined by the formula

(A / B) × C;

“qualifying disposition” of an individual, other than a trust, means, subject to section 280.13, a disposition of shares of the capital stock of a corporation where each such share disposed of was

(a)  an eligible small business corporation share of the individual;

(b)  throughout the period during which the individual owned the share, a common share of an eligible business corporation; and

(c)  throughout the 185-day period that ended immediately before the disposition of the share, owned by the individual;

“replacement share” of an individual in respect of a qualifying disposition of the individual in a taxation year means an eligible small business corporation share of the individual that is

(a)  acquired by the individual in the year or within 120 days after the end of the year; and

(b)  designated by the individual to be a replacement share in respect of the qualifying disposition, in accordance with paragraph b of the definition of “replacement share” in subsection 1 of section 44.1 of the Income Tax Act, in the fiscal return that the individual filed for the year under Part I of that Act.

In the formulas provided for in the definitions of “adjusted cost base reduction” and “permitted deferral” in the first paragraph,

(a)  A is the lesser of

i.  the individual’s proceeds of disposition from the qualifying disposition, and

ii.  the aggregate of all amounts each of which is the cost to the individual of a replacement share in respect of the qualifying disposition;

(b)  B is the individual’s proceeds of disposition from the qualifying disposition;

(c)  C is the individual’s capital gain from the qualifying disposition;

(d)  D is the permitted deferral of the individual in respect of the qualifying disposition;

(e)  E is the cost to the individual of the replacement share; and

(f)  F is the cost to the individual of all the replacement shares of the individual in respect of the qualifying disposition.

For the purposes of paragraph b of the definition of “eligible small business corporation share” in the first paragraph, the assets of a corporation at any time means the assets that would be shown in its financial statements as of that time if those financial statements were prepared in accordance with generally accepted accounting principles used in Canada at that time, and if the value of an asset of a corporation that is a share issued by or debt owing by a related corporation were nil.

2003, c. 2, s. 99; 2005, c. 1, s. 82.

280.6. Subject to the second paragraph, where an individual makes a qualifying disposition in a taxation year, the following rules apply:

(a)  the individual’s capital gain for the year from the qualifying disposition is deemed to be equal to the amount by which the individual’s capital gain for the year from the qualifying disposition, determined without reference to this division, exceeds the individual’s permitted deferral in respect of the qualifying disposition;

(b)  in computing the adjusted cost base to the individual of a replacement share of the individual in respect of the qualifying disposition at any time after its acquisition, there shall be deducted the amount of the adjusted cost base reduction of the individual in respect of the replacement share; and

(c)  where the qualifying disposition was a disposition of a share that was a taxable Canadian property of the individual, the replacement share of the individual in respect of the qualifying disposition is deemed to be taxable Canadian property of the individual.

For the purposes of the first paragraph, the individual shall enclose with the fiscal return the individual is required to file for the year under section 1000, the prescribed form along with a copy of every document sent to the Minister of National Revenue attesting the share was designated by the individual in the fiscal return the individual files for the year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), pursuant to paragraph b of the definition of “replacement share” in subsection 1 of section 44.1 of that Act.

2003, c. 2, s. 99.

280.7. Except for the purposes of the definition of “eligible pooling arrangement” in the first paragraph of section 280.5, any transaction entered into by an investment manager under an eligible pooling arrangement on behalf of an individual is deemed to be a transaction of the individual and not a transaction of the investment manager.

2003, c. 2, s. 99.

280.8. For the purposes of this division, a share of the capital stock of a corporation, acquired by an individual as a consequence of the death of a person who is the individual’s spouse, father or mother is deemed to be a share that was acquired by the individual at the time it was acquired by that person and owned by the individual throughout the period that it was owned by that person, if

(a)  where the person was the spouse of the individual, the share was an eligible small business corporation share of the person and section 440 applied in respect of the individual in relation to the share; or

(b)  where the person was the individual’s father or mother, the share was an eligible small business corporation share of the father or mother and section 444 applied in respect of the individual in relation to the share.

2003, c. 2, s. 99.

280.9. For the purposes of this division, a share of the capital stock of a corporation, acquired by an individual from a person who was the individual’s former spouse as a consequence of the settlement of rights arising out of their marriage, is deemed to be a share that was acquired by the individual at the time it was acquired by that person and owned by the individual throughout the period that it was owned by that person if the share was an eligible small business corporation share and section 454 applied to the individual in respect of the share.

2003, c. 2, s. 99.

280.10. For the purposes of this division, if an individual receives shares of the capital stock of a particular corporation that are eligible small business corporation shares of the individual (in this section referred to as the “new shares”), as the sole consideration for the disposition by the individual of shares issued by the particular corporation or by another corporation that were eligible small business corporation shares of the individual (in this section referred to as the “exchanged shares”), the new shares are deemed to have been owned by the individual throughout the period that the exchanged shares were owned by the individual if

(a)  Division XIII, paragraph c of section 528, sections 536 to 539, Chapter V of Title IX or sections 551 to 553.1 and 554 applied in respect of the individual in relation to the new shares; and

(b)  the aggregate of all amounts each of which is the individual’s proceeds of disposition of an exchanged share was equal to the aggregate of all amounts each of which was the individual’s adjusted cost base of an exchanged share immediately before the disposition.

2003, c. 2, s. 99; 2009, c. 5, s. 100.

280.11. For the purposes of this division, if an individual receives common shares of the capital stock of a particular corporation (in this section referred to as the “new shares”), as the sole consideration for the disposition by the individual of common shares of the particular corporation or of another corporation (in this section referred to as the “exchanged shares”), the new shares are deemed to be eligible small business corporation shares of the individual and shares of the capital stock of an eligible business corporation that were owned by the individual throughout the period that the exchanged shares were owned by the individual if

(a)  Division XIII, paragraph c of section 528, sections 536 to 539, Chapter V of Title IX or sections 551 to 553.1 and 554 applied in respect of the individual in relation to the new shares;

(b)  the aggregate of all amounts each of which is the individual’s proceeds of disposition of an exchanged share was equal to the aggregate of all amounts each of which is the individual’s adjusted cost base of an exchanged share immediately before the disposition; and

(c)  the disposition of the exchanged shares was a qualifying disposition of the individual.

2003, c. 2, s. 99; 2009, c. 5, s. 101.

280.12. For the purposes of each of the definitions in the first paragraph of section 280.5, a property held at a particular time by a corporation that would, if this Act were read without reference to this section, be considered to carry on an eligible business at that time, is deemed to be used or held by the corporation in the course of carrying on that eligible business if the property, or other property for which the property is substituted property, was acquired by the corporation, at any time in the 36-month period that ends at the particular time, because the corporation

(a)  issued a debt or a share of a class of its capital stock in order to acquire money for the purpose of acquiring property to be used in or held in the course of, or making expenditures for the purpose of, earning income from an eligible business carried on by it;

(b)  disposed of property used or held by it in the course of carrying on an eligible business in order to acquire money for the purpose of acquiring property to be used in or held in the course of, or making expenditures for the purpose of, earning income from an eligible business carried on by it; or

(c)  accumulated income derived from an eligible business carried on by it in order to acquire property to be used in or held in the course of, or to make expenditures for the purpose of, earning income from an eligible business carried on by it.

2003, c. 2, s. 99.

280.13. A disposition of a common share of an eligible business corporation by an individual that, but for this section, would be a qualifying disposition of the individual is deemed not to be a qualifying disposition of the individual unless the eligible business of the corporation referred to in the definition of “eligible business corporation” in the first paragraph of section 280.5 was carried on primarily in Canada

(a)  at all times in the period that began at the time the individual last acquired the common share and ended at the time of disposition, if that period is less than 730 days; or

(b)  in any other case, for at least 730 days in the period referred to in paragraph a.

2003, c. 2, s. 99.

280.14. For the purposes of this division, an eligible small business corporation and an eligible business corporation do not include a corporation that is

(a)  a professional corporation;

(b)  a specified financial institution;

(c)  a corporation the principal business of which is the leasing, rental, development or sale, or any combination of those activities, of immovable property owned by it; or

(d)  a corporation more than 50% of the fair market value of the property of which, net of debts incurred to acquire the property, is attributable to immovable property.

2003, c. 2, s. 99.

280.15. In determining whether a share owned by an individual is an eligible small business corporation share of the individual, this Part shall be read without reference to sections 247.2 to 247.6.

2003, c. 2, s. 99.

280.16. The permitted deferral of an individual in respect of a qualifying disposition of shares issued by a corporation, in this section referred to as “new shares”, is deemed to be nil where

(a)  the new shares, or shares for which the new shares are substituted property, were issued to the individual or a person related to the individual as part of a transaction or event or a series of transactions or events in which

i.  shares of the capital stock of a corporation, in this section referred to as the “old shares”, were disposed of by the individual or a person related to the individual, or

ii.  the paid-up capital of old shares or the adjusted cost base to the individual or to a person related to the individual of the old shares was reduced;

(b)  the new shares, or shares for which the new shares are substituted property, were issued

i.  by the corporation that issued the old shares,

ii.  by a corporation that, at or immediately after the time of issue of the new shares, was a corporation that was not dealing at arm’s length with the corporation that issued the old shares or with the individual, or

iii.  by a corporation that acquired the old shares, or by another corporation related to that corporation, as part of the transaction or event or series of transactions or events that included that acquisition of the old shares; and

(c)  it is reasonable to conclude that one of the main reasons for the series of transactions or events or a transaction in the series was to permit the individual, a person related to the individual, or the individual and such a person to become eligible to deduct under section 280.6 permitted deferrals in respect of qualifying dispositions of new shares, or shares substituted for the new shares, the aggregate of which would exceed the aggregate of all amounts that those persons would have been eligible to deduct under section 280.6 in respect of permitted deferrals in respect of qualifying dispositions of old shares.

2003, c. 2, s. 99; 2009, c. 5, s. 102.

280.17. For the purposes of this division, an individual is deemed to dispose of shares that are identical properties in the order in which the individual acquired them.

2009, c. 5, s. 103.

DIVISION VIII PROPERTY HAVING MORE THAN ONE USE

1972, c. 23.

281. Where a taxpayer who acquired property for a purpose other than that of gaining or producing income, commences at a later time to use it for that purpose, or vice versa, he is deemed to have disposed of such property at such later time for proceeds equal to its fair market value at that time and to have immediately thereafter acquired it at a cost equal to its fair market value.

1972, c. 23, s. 259; 1990, c. 59, s. 129.

282. Where property has, since its acquisition by a taxpayer, been regularly used in part for gaining or producing income and in part for some other purpose, the proportion of the property that the use made of it for such other purpose is of its whole use applies in computing the cost of the property or the proceeds of its disposition, as the case may be, to determine the part of such cost or proceeds assignable to that part of the property used for such other purpose.

1972, c. 23, s. 260; 1990, c. 59, s. 130.

283. Where at a particular time there has been an increase or decrease in the relation between the use made by a taxpayer of a property for gaining income and the use made by him of the property for some other purpose, the taxpayer is deemed to have disposed of a property at that time for proceeds equal to the proportion of the fair market value of the property at that time that the amount of the increase or decrease in the use regularly made by the taxpayer of the property for such other purpose is of the whole use made of the property and to have reacquired the property immediately thereafter at a cost equal to those proceeds.

1972, c. 23, s. 261; 1993, c. 16, s. 116.

283.1. Where a taxpayer referred to in any of sections 281 to 283 is not resident in Canada, the reference therein to “gaining or producing income” or “gaining income” shall be read as a reference to “gaining or producing income from a source in Canada”.

2004, c. 8, s. 55.

284. For the purposes of this Title and sections 93 to 104, if section 281, to the extent that it concerns a property that begins to be used to gain income, or paragraph b of section 99 would otherwise apply for a taxation year in respect of a property of a taxpayer and the taxpayer makes a valid election under subsection 2 of section 45 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the change in use of the property, the taxpayer is deemed not to have begun to use the property for the purpose of gaining income.

However, if a taxpayer rescinds, after 19 December 2006, in accordance with subsection 2 of section 45 of the Income Tax Act, a particular election that the taxpayer made under that subsection 2 in relation to a change in use of a property, the taxpayer is deemed to have begun to use the property for the purpose of gaining income on the first day of the subsequent taxation year referred to in that subsection 2 in respect of the property if

(a)  the particular election was made after 19 December 2006; or

(b)  the taxpayer made a valid election under the first paragraph before 20 December 2006 in relation to the change in use of the property and did not rescind that election before that date in accordance with this paragraph.

Chapter V.2 of Title II of Book I applies in relation to an election made or rescinded under subsection 2 of section 45 of the Income Tax Act or in relation to an election made or rescinded under this section before 20 December 2006.

1972, c. 23, s. 262; 1975, c. 22, s. 52; 1995, c. 49, s. 69; 2009, c. 5, s. 104.

285. For the purposes of sections 274 and 274.0.1 and subject to section 286, in no case may a particular property be considered to be the principal residence of a taxpayer for a taxation year by virtue of the application of subparagraph b of the first paragraph of either of sections 274 and 274.0.1 if, by virtue solely of the application of that subparagraph b, the property would, but for this section, have been the taxpayer’s principal residence for four or more preceding taxation years.

1972, c. 23, s. 263; 1990, c. 59, s. 131; 1994, c. 22, s. 135.

286. A taxation year in which a taxpayer does not inhabit the taxpayer’s principal residence by reason of the relocation of the taxpayer’s place of employment or that of the taxpayer’s spouse while the taxpayer or the taxpayer’s spouse is an employee of a person with whom the taxpayer or the taxpayer’s spouse is dealing at arm’s length shall not be included in the four years mentioned in section 285, where

(a)  at any time, the taxpayer’s new home is at least 40 kilometres closer to the taxpayer’s new place of employment or that of the taxpayer’s spouse; and

(b)  the taxpayer resumes habitation in the taxpayer’s principal residence while the taxpayer or the taxpayer’s spouse is still an employee of such person or before the end of the taxation year following that in which the taxpayer’s employment or that of the taxpayer’s spouse terminates, or the taxpayer dies while the taxpayer or the taxpayer’s spouse is still an employee of such person.

1975, c. 21, s. 6; 1977, c. 26, s. 28; 1979, c. 18, s. 21; 2004, c. 21, s. 71.

286.1. If, at any time, a property that was acquired by a taxpayer for the purpose of gaining income ceases to be used for that purpose and becomes the taxpayer’s principal residence, sections 281 to 283 do not apply to deem the taxpayer to have disposed of the property at that time and to have reacquired it immediately after that time, if the taxpayer makes a valid election under subsection 3 of section 45 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the change in use of the property.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 3 of section 45 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1986, c. 19, s. 52; 1990, c. 59, s. 132; 1997, c. 31, s. 42; 2009, c. 5, s. 105.

286.2. (Repealed).

1986, c. 19, s. 52; 1990, c. 59, s. 133; 2009, c. 5, s. 106.

DIVISION IX PERSONAL-USE PROPERTY

1972, c. 23.

287. (1)  For the purposes of this Title, personal-use property includes any property owned in whole or in part by the taxpayer which is used primarily:

(a)  for his personal use or enjoyment;

(b)  for the personal use or enjoyment of one or more persons who form part of a group to which the taxpayer and persons related to him belong;

(c)  if the taxpayer is a trust, for the personal use or enjoyment of the beneficiary under the trust or of a person related to the beneficiary.

(2)  The expression “personal-use property” also includes any debt of the taxpayer resulting from the disposition of such property and any option to acquire such a property.

(3)  The personal-use property of a partnership includes the property of the partnership that is used primarily for the personal use or enjoyment of one or more members of the partnership or of a person related to one of them.

1972, c. 23, s. 264; 1997, c. 3, s. 71.

287.1. For the purposes of this division, an excluded property of a taxpayer means a property acquired by the taxpayer, or by a person with whom the taxpayer does not deal at arm’s length, in circumstances in which it is reasonable to conclude that the acquisition of the property relates to an arrangement, plan or scheme that is promoted by another person or partnership and under which it is reasonable to conclude that the property will be the subject of a gift to which section 710 or the definition of “total charitable gifts”, “total cultural gifts”, “total gifts of qualified property” or “total musical instrument gifts” in the first paragraph of section 752.0.10.1, applies.

2003, c. 2, s. 100; 2006, c. 36, s. 32.

288. A loss from the disposition of any personal-use property shall not be allowable as a loss, except in the case of precious property or a debt referred to in section 300.

1972, c. 23, s. 265; 1986, c. 19, s. 53.

289. For the purposes of this Title, if a taxpayer disposes of a personal-use property, other than an excluded property disposed of in circumstances to which section 710 or the definition of “total charitable gifts”, “total cultural gifts”, “total gifts of qualified property” or “total musical instrument gifts” in the first paragraph of section 752.0.10.1 applies, owned by the taxpayer, the following rules apply:

(a)  the adjusted cost base to the taxpayer of the property immediately before the disposition is deemed to be equal to the greater of $1,000 and the amount otherwise determined to be its adjusted cost base to the taxpayer immediately before the disposition; and

(b)  the taxpayer’s proceeds of disposition of the property is deemed to be equal to the greater of $1,000 and the taxpayer’s proceeds of disposition of the property otherwise determined.

1972, c. 23, s. 266; 2003, c. 2, s. 101; 2006, c. 36, s. 33.

290. For the purposes of this Title, if a taxpayer disposes of part of a personal-use property, other than a part of an excluded property disposed of in circumstances to which section 710 or the definition of “total charitable gifts”, “total cultural gifts”, “total gifts of qualified property” or “total musical instrument gifts” in the first paragraph of section 752.0.10.1 applies, owned by the taxpayer and has retained another part of the property, the following rules apply:

(a)  the adjusted cost base to the taxpayer, immediately before the disposition, of the part so disposed of is deemed to be equal to the greater of

i.  the adjusted cost base, otherwise determined, to the taxpayer, immediately before the disposition, of the part so disposed of, and

ii.  that proportion of $1,000 that the amount determined under subparagraph i is of the adjusted cost base, otherwise determined, to the taxpayer, immediately before the disposition, of the whole property; and

(b)  the proceeds of disposition of the part so disposed of are deemed to be equal to the greater of the proceeds of disposition of that part, otherwise determined, and the amount determined under subparagraph ii of paragraph a.

1972, c. 23, s. 267; 2003, c. 2, s. 101; 2006, c. 36, s. 34.

291. Where several personal-use properties that would ordinarily be disposed of as a set in a single transaction are disposed of in several transactions to a single person or to a group of persons not dealing with each other at arm’s length, they are deemed, if the fair market value of all such property before the first transaction is more than $1,000, to be a single personal-use property and each such transaction is deemed to have dealt with a part of such property.

1972, c. 23, s. 268.

292. Where a decrease in the fair market value of a personal-use property of a corporation, partnership or trust may reasonably have had the effect of reducing or changing into a loss the gain that a taxpayer would have realized from the disposition of a share of the capital stock of a corporation, an interest in a trust or in a partnership or of increasing the loss which would have resulted from such disposition, the amount of the gain or loss is deemed that which would have resulted from it, if the decrease had not occurred.

1972, c. 23, s. 269; 1997, c. 3, s. 71.

DIVISION X LOTTERIES

1972, c. 23.

293. The gain or loss of a taxpayer from the disposition of a chance to win a prize or a right to receive an amount as a prize, in connection with a lottery scheme, is deemed nil.

1972, c. 23, s. 270; 1984, c. 15, s. 68; 1988, c. 18, s. 15.

DIVISION XI OPTIONS TO PURCHASE AND SELL

1972, c. 23.

294. Subject to section 296, the granting of an option is a disposition of property the adjusted cost base of which to the grantor immediately before he grants it is nil.

This section does not apply in respect of

(a)  an option to purchase or sell a principal residence;

(b)  an option granted by a corporation to purchase shares of its capital stock or bonds or debentures to be issued by it;

(b.1)  an option granted by a trust to purchase units of the trust to be issued by the trust;

(c)  (subparagraph repealed).

1972, c. 23, s. 271; 1985, c. 25, s. 52; 1987, c. 67, s. 69; 1993, c. 16, s. 117; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

295. (1)  Where a corporation after 31 December 1971 grants an option to purchase shares of its capital stock, bonds or debentures which it is to issue, the corporation is deemed to have disposed of capital property and realized a gain equal to the amount it has received as consideration for the granting of the option at the time the option expires.

(2)  Subsection 1 does not apply to an option to acquire shares of the capital stock of a corporation as consideration for the incurring, pursuant to an agreement described in paragraph e of section 364 or to which paragraph e of section 395 or 408 or paragraph c of section 418.2, as the case may be, refers, of expenses described in such paragraphs.

1972, c. 23, s. 272; 1973, c. 17, s. 28; 1975, c. 22, s. 53; 1982, c. 5, s. 62; 1994, c. 22, s. 136; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

295.1. Where a trust grants an option to purchase units of the trust to be issued by the trust, the trust is deemed to have disposed of capital property and realized a gain equal to the amount it received as consideration for the granting of the option, at the time the option expires.

1993, c. 16, s. 118.

296. Where an option to purchase or sell is exercised, for the purposes of computing the income of the vendor and the purchaser the granting of the option and the exercise thereof are deemed not to be dispositions of property, and the following rules apply:

(a)  in the case of an option to purchase, the consideration received by the vendor for such option must be included in computing the proceeds of disposition to him of the property, and the purchaser must include, in computing the cost to him of the property, the adjusted cost base to him of the option or, where paragraph f or j.3 of section 255 applies in respect of the acquisition of the property by the purchaser because a person who did not deal at arm’s length with the purchaser was deemed by reason of the acquisition to have received a benefit under Division VI of Chapter II of Title II, the adjusted cost base to that person of the option immediately before that person last disposed of the option;

(b)  in the case of an option to sell, the adjusted cost base of the option to the vendor must be deducted in computing the proceeds of disposition to him of the property and the consideration received by the purchaser for such option must be deducted in computing the cost of the property to him.

1972, c. 23, s. 273; 1985, c. 25, s. 53; 1987, c. 67, s. 70; 1990, c. 59, s. 134; 1993, c. 16, s. 119; 2001, c. 53, s. 260; 2003, c. 2, s. 102.

296.1. Where at any time a taxpayer exercises an option to acquire a specified property,

(a)  the taxpayer shall deduct after that time in computing the adjusted cost base to the taxpayer of the specified property the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before that time, the adjusted cost base to the taxpayer of the option; and

(b)  the taxpayer shall add, after that time, in computing the adjusted cost base to the taxpayer of the specified property, the amount determined under paragraph a in respect of that acquisition.

1996, c. 39, s. 91.

296.2. Where an individual, other than a trust, who disposes of property pursuant to the exercise of an option that was granted by the individual before 23 February 1994 so elects in the individual’s fiscal return for the taxation year in which the disposition occurs, section 296 does not apply in respect of the disposition in computing the income of the individual.

1996, c. 39, s. 91.

297. Where an option granted by a taxpayer in a taxation year is exercised in a subsequent taxation year, the taxpayer may file an amended fiscal return to exclude from his income for the taxation year the amount received as consideration for the option:

(a)  if he has filed a fiscal return for the taxation year; and

(b)  if he has filed his amended fiscal return on or before his filing-due date for that subsequent year.

1972, c. 23, s. 274; 1987, c. 67, s. 71; 1990, c. 59, s. 135; 1997, c. 31, s. 43.

298. Where a taxpayer has granted a renewal or extension of an option referred to in section 294, 295 or 295.1, the following rules apply:

(a)  for the purposes of the said sections, each renewal or extension is deemed to be an option on the day the renewal or extension is granted;

(b)  for the purposes of subparagraph iv of subparagraph b of the first paragraph of section 248 and sections 295 to 297, the option and each renewal or extension are deemed to be the same option; and

(c)  section 297 applies to each taxation year in which a renewal or extension was granted.

1975, c. 22, s. 54; 1993, c. 16, s. 120; 2003, c. 2, s. 103.

298.1. Where a taxpayer acquires a property in satisfaction of an absolute or contingent obligation of a person or partnership to provide the property pursuant to a contract or other arrangement one of the main purposes of which was to establish a right, whether absolute or contingent, to the property and that right was not under the terms of a trust, partnership agreement, share or debt obligation, the satisfaction of the obligation is deemed not to be a disposition of that right.

2001, c. 53, s. 51.

DIVISION XII BAD DEBTS

1972, c. 23; 1995, c. 49, s. 236.

299. Where a taxpayer establishes that a debt owing to him at the end of a taxation year, other than a debt resulting from the disposition of a personal-use property, is a bad debt for the year, he is deemed, if he so elects in the taxpayer’s fiscal return filed under this Part for the year, to have disposed of it at that time for proceeds equal to nil and to have reacquired it immediately thereafter at a cost equal to nil.

The same rule applies where the taxpayer is the owner, at the end of a taxation year, of a share other than a share received by him as consideration in respect of the disposition of personal-use property, of the capital stock of

(a)  a corporation that has during the year become a bankrupt;

(b)  a corporation referred to in section 6 of the Winding-up Act (Revised Statutes of Canada, 1985, chapter W-11) that is insolvent within the meaning of that Act and in respect of which a winding-up order under that Act has been made in the year; or

(c)  a corporation that is insolvent at the end of the year if, at that time,

i.  neither the corporation nor a corporation controlled by it carries on business,

ii.  the fair market value of the share is nil, and

iii.  it is reasonable to expect that the corporation will be dissolved or wound up and will not recommence to carry on any business.

1972, c. 23, s. 275; 1979, c. 18, s. 22; 1987, c. 67, s. 72; 1990, c. 59, s. 136; 1993, c. 16, s. 121; 1995, c. 49, s. 236; 1996, c. 39, s. 92; 1997, c. 3, s. 71.

299.1. Where a taxpayer is deemed, by reason of subparagraph c of the second paragraph of section 299, to have disposed of a share of the capital stock of a corporation at the end of a taxation year and the taxpayer or a person with whom he is not dealing at arm’s length owns the share at the earliest time, during the 24-month period immediately following the disposition, that the corporation or a corporation controlled by it carries on business, the taxpayer or the person, as the case may be, is deemed to have disposed of the share at that earliest time for proceeds of disposition equal to its adjusted cost base to the taxpayer, determined immediately before the time he is deemed to have disposed of it by reason of subparagraph c of the second paragraph of section 299, and to have reacquired it immediately after that earliest time at a cost equal to those proceeds.

1993, c. 16, s. 122; 1997, c. 3, s. 71.

300. Where, at the end of a taxation year, a taxpayer establishes that a debt which is a personal-use property and which is then owing to him by a person with whom he deals at arm’s length is a bad debt for the year, such taxpayer is deemed:

(a)  to have disposed of it at that time for proceeds equal to the excess of the adjusted cost base of such property, immediately before the end of the year, over his gain derived from the disposition of the personal-use property the proceeds of disposition of which included the debt; and

(b)  to have reacquired it, immediately after the end of that year, at a cost equal to the proceeds established under paragraph a.

1972, c. 23, s. 276; 1986, c. 19, s. 54; 1995, c. 49, s. 236.

DIVISION XIII CONVERSION OF SHARES

1972, c. 23.

301. Where a share of the capital stock of a corporation is acquired by a taxpayer from the corporation in exchange for a capital property of the taxpayer that is another share of the corporation or a capital property of the taxpayer that is a bond, debenture or note of the corporation the terms of which confer on the holder the right to make the exchange and no consideration other than that share is received by the taxpayer, the following rules apply :

(a)  except for the purposes of section 157.6, the exchange is deemed not to be a disposition of property;

(b)  the cost to the taxpayer of all the shares of a particular class acquired by him on the exchange is deemed to be that proportion of the adjusted cost basis to him of the exchanged capital property immediately before the exchange that the fair market value, of all the shares of the particular class acquired by him on the exchange is of that of all the shares acquired by him on the exchange;

(b.1)  the taxpayer shall deduct, after the exchange, in computing the adjusted cost base to the taxpayer of a share acquired by the taxpayer on the exchange, the amount determined by the formula

A × B / C;

(b.2)  the taxpayer shall add, after the exchange, in computing the adjusted cost base to the taxpayer of a share, the amount determined under paragraph b.1 in respect of the share;

(c)  for the purposes of sections 462.11 to 462.24, the exchange is deemed to be a transfer of the exchanged capital property by the taxpayer to the corporation;

(d)  where the exchanged capital property is taxable Canadian property of the taxpayer, the share acquired by the taxpayer on the exchange is also deemed to be taxable Canadian property of the taxpayer.

For the purposes of the formula in subparagraph b.1 of the first paragraph,

(a)  A is the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before the exchange, the adjusted cost base to the taxpayer of the exchanged capital property;

(b)  B is the fair market value, immediately after the exchange, of the share referred to in subparagraph b.1 of the first paragraph; and

(c)  C is the fair market value, immediately after the exchange, of all the shares acquired by the taxpayer on the exchange.

1972, c. 23, s. 277; 1973, c. 17, s. 29; 1975, c. 22, s. 55; 1986, c. 19, s. 55; 1987, c. 67, s. 73; 1995, c. 49, s. 70; 1996, c. 39, s. 93; 1997, c. 3, s. 71; 2001, c. 7, s. 40.

301.1. Notwithstanding section 301, where shares of the capital stock of a corporation have been acquired by a taxpayer in exchange for a capital property described in the said section 301, in circumstances such that, but for this section, section 301 would have applied, where the fair market value of the capital property immediately before the exchange exceeds the fair market value of the shares immediately after the exchange, and where it is reasonable to regard any portion of such excess as a benefit that the taxpayer desired to have conferred on a person related to the taxpayer, the following rules apply:

(a)  the taxpayer is deemed to have disposed of the capital property for proceeds of disposition equal to the lesser of the aggregate of its adjusted cost base to him immediately before the exchange and the excess portion, and the fair market value of the capital property immediately before the exchange;

(b)  the taxpayer’s capital loss from the disposition of the capital property is deemed to be nil; and

(c)  the cost to the taxpayer of all the shares of a particular class acquired in exchange for the capital property is deemed to be that proportion of the lesser of the adjusted cost base to him of the capital property immediately before the exchange, and the aggregate of the fair market value immediately after the exchange of the shares acquired by him, on the exchange, for the capital property and the amount that, but for paragraph b, would have been the taxpayer’s capital loss from the disposition of the capital property that the fair market value, immediately after the exchange, of all the shares of the particular class acquired by him on the exchange is of the fair market value of all the shares acquired by him on the exchange.

1982, c. 5, s. 63; 1986, c. 19, s. 56; 1997, c. 3, s. 71; 2005, c. 23, s. 45.

301.2. Sections 301 and 301.1 do not apply in respect of an exchange to which section 518, 529 or 541 applies.

1995, c. 49, s. 71.

DIVISION XIII.1 EXCHANGE OF DEBT OBLIGATIONS

1996, c. 39, s. 94.

301.3. Where a taxpayer acquires a bond, debenture or note of a debtor, in this section referred to as the “new obligation”, in exchange for a capital property of the taxpayer that is another bond, debenture or note of the same debtor that conferred on the holder the right to make the exchange and the principal amount of the new obligation is equal to the principal amount of the exchanged capital property, the cost to the taxpayer of the new obligation and the proceeds of disposition of the exchanged capital property are deemed to be equal to the adjusted cost base to the taxpayer of the exchanged capital property immediately before the exchange.

1996, c. 39, s. 94.

DIVISION XIV MISCELLANEOUS CASES

1972, c. 23.

302. For the purposes of this Title, where a taxpayer acquires property after 31 December 1971, other than property referred to in the second paragraph, and an amount in respect of its value is included, otherwise than under Division VI of Chapter II of Title II, in computing the taxpayer’s taxable income or taxable income earned in Canada, as the case may be, for a taxation year during which the taxpayer was not resident in Canada, or in computing the taxpayer’s income for a taxation year throughout which the taxpayer was resident in Canada, the amount so included shall be added in computing the cost to the taxpayer of the property, except to the extent that the amount was otherwise added to the cost or included in computing the adjusted cost base to the taxpayer of the property.

The property to which the first paragraph refers is

(a)  an annuity contract;

(b)  a right as a beneficiary under a trust to enforce payment of an amount by the trust to the taxpayer;

(c)  property acquired in circumstances to which sections 304 and 305 apply; or

(d)  property acquired from a trust as consideration for all or part of the taxpayer’s capital interest in the trust.

1972, c. 23, s. 278; 1975, c. 22, s. 56; 1982, c. 5, s. 64; 1994, c. 22, s. 137; 2001, c. 53, s. 260; 2003, c. 2, s. 104.

303. (Repealed).

1973, c. 17, s. 31; 1975, c. 22, s. 57; 2001, c. 53, s. 260; 2003, c. 2, s. 105.

304. Where after 1971, a shareholder receives property from a corporation as a dividend payable in kind other than a stock dividend in respect of a share owned by him of the capital stock of the corporation, he is deemed to acquire such property at a cost equal to its fair market value at that time; in such case, the corporation is deemed at the same time to have disposed of the property for proceeds equal to its fair market value.

1972, c. 23, s. 280; 1997, c. 3, s. 71.

305. A shareholder of a corporation who receives after 1971 a stock dividend, in respect of a share owned by him of the capital stock of the corporation, is deemed to acquire the share received by him at a cost equal to the aggregate of

(a)  where the stock dividend is a dividend, the amount of the stock dividend,

(a.1)  where the stock dividend is not a dividend, nil, and

(b)  the amount included under section 112.1 in computing the shareholder’s income in respect of the stock dividend.

1972, c. 23, s. 281; 1974, c. 18, s. 15; 1979, c. 18, s. 23; 1987, c. 67, s. 74; 1993, c. 16, s. 123; 1997, c. 3, s. 71.

306. (Repealed).

1973, c. 17, s. 32; 1990, c. 59, s. 137; 2003, c. 2, s. 106.

306.1. Despite any other provision of this Act, if a corporation disposes of a property to another corporation in a transaction to which paragraph l of subsection 1 of section 219 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies, the cost to it of a share of a particular class of the capital stock of the other corporation received by it as consideration for the property is deemed to be equal to the lesser of the cost of the share to the corporation otherwise determined immediately after the disposition and the amount by which the paid-up capital of that class increases because of the issuance of that share.

1982, c. 5, s. 65; 1997, c. 3, s. 71; 2009, c. 5, s. 107.

306.2. Notwithstanding any other provision of this Part, the cost of any share of the capital stock of a corporation that becomes resident in Canada at a particular time to any shareholder that is not at that time resident in Canada is deemed to be equal to the fair market value of the share at that time.

However, the first paragraph does not apply if the share was taxable Canadian property immediately before the particular time.

1995, c. 49, s. 72; 1997, c. 3, s. 71; 2001, c. 53, s. 52.

307. The taxpayer who acquires, at any time after 31 December 1971, property as a prize in connection with a lottery, is deemed to acquire such property at a cost equal to its fair market value at that time.

1972, c. 23, s. 282; 1986, c. 19, s. 57.

DIVISION XIV.1

Repealed, 2001, c. 7, s. 41.

1985, c. 25, s. 54; 2001, c. 7, s. 41.

307.1. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.2. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.3. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.4. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.5. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.6. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.7. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.8. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.9. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.10. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.11. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.12. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.13. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.14. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.15. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.16. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.17. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.18. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.19. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.20. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.21. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.22. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.23. (Repealed).

1985, c. 25, s. 54; 1987, c. 67, s. 75.

307.24. (Repealed).

1987, c. 67, s. 76; 2001, c. 7, s. 41.

DIVISION XV ANTI-AVOIDANCE RULE

1972, c. 23; 1996, c. 39, s. 95.

308. (Repealed).

1972, c. 23, s. 283; 1990, c. 59, s. 138.

308.0.1. In this division,

“distribution” means a direct or indirect transfer of property of a corporation, referred to in this division as the “distributing corporation”, to one or more corporations, each of which is referred to in this division as a “transferee corporation”, where, in respect of each type of property owned by the distributing corporation immediately before the transfer, each transferee corporation receives property of that type the fair market value of which is equal to or approximates the proportion of the fair market value, immediately before the transfer, of all property of that type owned at that time by the distributing corporation that

(a)  the fair market value, immediately before the transfer, of all the shares of the capital stock of the distributing corporation owned at that time by the transferee corporation is of

(b)  the fair market value, immediately before the transfer, of all the issued shares of the capital stock of the distributing corporation;

“permitted acquisition”, in relation to a distribution by a distributing corporation, means an acquisition of property by a person or partnership on, or as part of,

(a)  a distribution, or

(b)  a permitted exchange or permitted redemption in relation to a distribution by another distributing corporation;

“permitted exchange”, in relation to a distribution by a distributing corporation, means

(a)  an exchange of shares for shares of the capital stock of the distributing corporation to which section 301 or sections 541 to 543 apply or would, if the shares were capital property to the holder thereof, apply, other than an exchange that resulted in an acquisition of control of the distributing corporation by any person or group of persons, and

(b)  an exchange of shares of the capital stock of the distributing corporation by one or more shareholders of the distributing corporation, each of whom is referred to in this paragraph and the second paragraph as a “participant”, for shares of the capital stock of another corporation, referred to in this paragraph and the second paragraph as the “acquirer”, in contemplation of the distribution where no share of the capital stock of the acquirer outstanding immediately after the exchange, other than directors’ qualifying shares, is owned at that time by any person or partnership other than a participant, and either

i.  the acquirer owns, immediately before the distribution, all the shares each of which is a share of the capital stock of the distributing corporation that was owned immediately before the exchange by a participant, or

ii.  the fair market value, immediately before the distribution, of each participant’s shares of the capital stock of the acquirer is equal to or approximates the amount determined by the formula

[A × (B/C)] + D;

“permitted redemption”, in relation to a distribution by a distributing corporation, means

(a)  a redemption or purchase for cancellation by the distributing corporation, as part of the reorganization in which the distribution was made, of all the shares of its capital stock that were owned, immediately before the distribution, by a transferee corporation in relation to the distributing corporation;

(b)  a redemption or purchase for cancellation by a transferee corporation in relation to the distributing corporation, or by a corporation that, immediately after the redemption or purchase, was a subsidiary wholly-owned corporation of the transferee corporation, as part of the reorganization in which the distribution was made, of all of the shares of the capital stock of the transferee corporation or the subsidiary wholly-owned corporation that were acquired by the distributing corporation in consideration for the transfer of property received by the transferee corporation on the distribution; and

(c)  a redemption or purchase for cancellation by the distributing corporation, in contemplation of the distribution, of all the shares of its capital stock each of which is

i.  a share of a specified class the cost of which, at the time of its issuance, to its original owner was equal to the fair market value at that time of the consideration for which it was issued, or

ii.  a share that was issued, in contemplation of the distribution, by the distributing corporation in exchange for a share described in subparagraph i;

“qualified person”, in relation to a distribution, means a person or partnership with whom the distributing corporation deals at arm’s length at all times during the course of the series of transactions or events that includes the distribution if

(a)  at any time before the distribution,

i.  all of the shares of each class of the capital stock of the distributing corporation that includes shares that cause that person or partnership to be a specified shareholder of the distributing corporation (in this definition all of those shares in all of those classes being referred to as the “exchanged shares”) are, in the circumstances described in paragraph a of the definition of “permitted exchange”, exchanged for consideration that consists solely of shares of a specified class of the capital stock of the distributing corporation (in this definition referred to as the “new shares”), or

ii.  the terms or conditions of all of the exchanged shares are amended (which shares are in this definition referred to after the amendment as the “amended shares”) and the amended shares are shares of a specified class of the capital stock of the distributing corporation;

(b)  immediately before the exchange or amendment, the exchanged shares are listed on a designated stock exchange;

(c)  immediately after the exchange or amendment, the new shares or the amended shares, as the case may be, are listed on a designated stock exchange;

(d)  the exchanged shares would be shares of a specified class if they were not convertible into, or exchangeable for, other shares;

(e)  the new shares or the amended shares, as the case may be, and the exchanged shares are non-voting in respect of the election of the board of directors of the distributing corporation except in the event of a failure or default under the terms or conditions of the shares; and

(f)  no holder of the new shares or the amended shares, as the case may be, is entitled to receive on the redemption, cancellation or acquisition of the new shares or the amended shares, as the case may be, by the distributing corporation or by any person with whom the distributing corporation does not deal at arm’s length, an amount (other than a premium for early redemption) that is greater than the aggregate of the fair market value of the consideration for which the exchanged shares were issued and the amount of any unpaid dividends on the new shares or on the amended shares, as the case may be;

“safe-income determination time”, in relation to a transaction or event or a series of transactions or events, means the time that is the earlier of

(a)  the time that is immediately after the earliest disposition or increase in interest described in any of paragraphs a to e of section 308.2.1 that resulted from the transaction or event or series of transactions or events; and

(b)  the time that is immediately before the earliest time that a dividend is paid as part of the transaction or event or series of transactions or events;

“specified class” means a class of shares of the capital stock of a distributing corporation where

(a)  the paid-up capital in respect of the class immediately before the beginning of the series of transactions or events that includes a distribution by the distributing corporation was not less than the fair market value of the consideration for which the shares of that class then outstanding were issued,

(b)  under neither the terms and conditions of the shares nor any agreement in respect of the shares are the shares convertible into or exchangeable for shares other than shares of a specified class or shares of the capital stock of a transferee corporation in relation to the distributing corporation,

(c)  no holder of the shares is entitled to receive on the redemption, cancellation or acquisition of the shares by the corporation or by any person with whom the corporation does not deal at arm’s length, an amount (other than a premium for early redemption) that is greater than the aggregate of the fair market value of the consideration for which the shares were issued and the amount of any unpaid dividends on the shares, and

(d)  the shares are non-voting in respect of the election of the board of directors except in the event of a failure or default under the terms or conditions of the shares;

“specified corporation” in respect of a distribution means a distributing corporation

(a)  that is a public corporation or a specified wholly-owned corporation of a public corporation;

(b)  shares of the capital stock of which are exchanged for shares of the capital stock of another corporation, in this definition and the second paragraph referred to as an “acquiror”, in an exchange to which the definition of “permitted exchange” would apply if that definition were read without reference to paragraph a thereof and subparagraph i of paragraph b thereof and if the portion of that paragraph b before subparagraph i were read without reference to “either”;

(c)  that does not make a distribution, to a corporation that is not an acquiror, after 31 December 1998 and before the day that is three years after the day on which the shares of the capital stock of the distributing corporation are exchanged in a transaction described in paragraph b; and

(d)  in respect of which no acquiror, in relation to shares of the capital stock of the distributing corporation, makes a distribution after 31 December 1998 and before the day that is three years after the day on which the shares of the capital stock of the distributing corporation are exchanged in a transaction described in paragraph b;

“specified wholly-owned corporation” of a public corporation means a corporation all of the outstanding shares of the capital stock of which, other than directors’ qualifying shares or shares of a specified class, are held by

(a)  the public corporation;

(b)  a specified wholly-owned corporation of the public corporation; or

(c)  corporations described in paragraph a or b.

Where the transfer referred to in the definition of “distribution” in the first paragraph is by a specified corporation to an acquiror, in relation to shares of the capital stock of the specified corporation, the definition of “distribution” shall be read with “each type of property” replaced by “property” and with “of that type”, wherever it appears, struck out.

For the purposes of the formula in subparagraph ii of paragraph b of the definition of “permitted exchange” in the first paragraph,

(a)  A is the fair market value, immediately before the distribution, of all the shares of the capital stock of the acquirer then outstanding, other than shares issued to participants in consideration for shares of a specified class all the shares of which were acquired by the acquirer on the exchange;

(b)  B is the fair market value, immediately before the exchange, of all the shares of the capital stock of the distributing corporation, other than shares of a specified class none or all of the shares of which were acquired by the acquirer on the exchange, owned at that time by the participant;

(c)  C is the fair market value, immediately before the exchange, of all the shares, other than shares of a specified class none or all of the shares of which were acquired by the acquirer on the exchange and shares to be redeemed, acquired or cancelled by the distributing corporation pursuant to the exercise of a statutory right of dissent by the holder of the share, of the capital stock of the distributing corporation outstanding immediately before the exchange; and

(d)  D is the fair market value, immediately before the distribution, of all the shares issued to the participant by the acquirer in consideration for shares of a specified class all of the shares of which were acquired by the acquirer on the exchange.

For the purposes of paragraphs c and d of the definition of “specified corporation” in the first paragraph, a corporation that is formed by an amalgamation of two or more other corporations is deemed to be a continuation of each of the other corporations.

1996, c. 39, s. 96; 1997, c. 3, s. 71; 2000, c. 5, s. 73; 2004, c. 8, s. 56; 2009, c. 15, s. 71; 2010, c. 5, s. 32.

308.1. Notwithstanding any other provision of this Part, where a corporation resident in Canada receives a taxable dividend referred to in section 308.2 in respect of which it is entitled to a deduction under section 738, 740 or 845, the amount of that dividend, other than the prescribed portion of it, is deemed

(a)  not to be a dividend received by the corporation;

(b)  where a corporation has disposed of the share referred to in section 308.2, to be proceeds of disposition of that share to the extent that the amount is not otherwise included in computing such proceeds; and

(c)  where a corporation has not disposed of the share referred to in section 308.2, to be a gain of the corporation for the year in which the dividend was received from the disposition of a capital property.

1982, c. 5, s. 66; 1997, c. 3, s. 71; 2000, c. 5, s. 74.

308.2. Section 308.1 applies only where a taxable dividend is received by a corporation as part of a transaction or event or a series of transactions or events one of the purposes of which, or, in the case of a dividend referred to in section 506, one of the results of which, was to effect a significant reduction in the portion of the capital gain that, but for the dividend, would have been realized on a disposition at fair market value of any share of the capital stock of a corporation immediately before the dividend was paid and that could reasonably be attributed to anything other than income earned or realized by any corporation after 1971 and before the safe-income determination time, in relation to the transaction or event or series of transactions or events.

1982, c. 5, s. 66; 1984, c. 15, s. 69; 1996, c. 39, s. 97; 1997, c. 3, s. 71; 2000, c. 5, s. 75.

308.2.1. Section 308.1 does not apply, however, to any dividend received by a particular corporation if, as part of a transaction or event or a series of transactions or events as a part of which the dividend was received, there was not at any particular time

(a)  a disposition, to a person or partnership that was an unrelated person immediately before the particular time, of property, other than

i.  money disposed of on the payment of a dividend or on a reduction of the paid-up capital of a share, and

ii.  property disposed of for proceeds of disposition that are not less than its fair market value;

(b)  a significant increase, other than as a consequence of a disposition of shares of the capital stock of a corporation for proceeds of disposition that are not less than their fair market value, in the total direct interest in any corporation of one or more persons or partnerships that were unrelated persons immediately before the particular time;

(c)  a disposition, to a person or partnership who was an unrelated person immediately before the particular time, of

i.  shares of the capital stock of the corporation that paid the dividend, or

ii.  property, other than shares of the capital stock of the particular corporation, more than 10% of the fair market value of which was, at any time during the course of the series of transactions or events, derived from shares of the capital stock of the corporation that paid the dividend;

(d)  after the time the dividend was received, a disposition, to a person or partnership that was an unrelated person immediately before the particular time, of

i.  shares of the capital stock of the particular corporation, or

ii.  property more than 10% of the fair market value of which was, at any time during the course of the series of transactions or events, derived from shares of the capital stock of the particular corporation; and

(e)  a significant increase in the total of all direct interests in the corporation that paid the dividend of one or more persons or partnerships who were unrelated persons immediately before the particular time.

2000, c. 5, s. 76; 2009, c. 15, s. 72.

308.2.2. For the purposes of section 308.2.1, the following rules apply:

(a)  “unrelated person” means a person, other than the particular corporation that received the dividend, to whom the particular corporation is not related or a partnership any member of which, other than the particular corporation, is not related to the particular corporation;

(b)  a corporation that is formed by an amalgamation of two or more other corporations is deemed to be a continuation of each of the other corporations;

(c)  proceeds of disposition of a property are to be determined without reference to paragraph a of section 308.1 in section 251 and without reference to Chapter V of Title X; and

(d)  notwithstanding any other provision of this Act, where a person not resident in Canada disposes of a property in a taxation year and the gain or loss from the disposition is not included in computing the person’s taxable income earned in Canada for the year, the person is deemed to have disposed of the property for proceeds of disposition that are less than its fair market value unless, under the income tax laws of the country in which the person is resident, the gain or loss is computed as if the property were disposed of for proceeds of disposition that are not less than its fair market value and the gain or loss so computed is recognized for the purposes of those laws.

2000, c. 5, s. 76; 2009, c. 15, s. 73.

308.3. In addition, section 308.1 does not apply if the dividend was received by a corporation

(a)  in the course of a reorganization in which a distributing corporation made a distribution to one or more transferee corporations and in which either the distributing corporation was wound up or all of the shares of its capital stock owned by each transferee corporation immediately before the distribution were redeemed or cancelled otherwise than on an exchange to which any of sections 301, 518 and 541 to 543 applies; and

(b)  on a permitted redemption in relation to the distribution referred to in paragraph a or on the winding-up of the distributing corporation.

1982, c. 5, s. 66; 1984, c. 15, s. 70; 1985, c. 25, s. 55; 1986, c. 15, s. 58; 1996, c. 39, s. 98; 1997, c. 3, s. 71; 2000, c. 5, s. 77.

308.3.1. Section 308.3 does not apply to a dividend where

(a)  in contemplation of and before a distribution made in the course of the reorganization in which the dividend was received, property became property of the distributing corporation, a corporation controlled by it or a predecessor corporation of any such corporation otherwise than as a result of

i.  an amalgamation of corporations each of which was related to the distributing corporation,

ii.  an amalgamation of a predecessor corporation of the distributing corporation and one or more corporations controlled by that predecessor corporation,

iii.  a reorganization in which a dividend was received to which section 308.1 would, but for section 308.3, apply, or

iv.  a disposition of property by the distributing corporation, a corporation controlled by it or a predecessor corporation of any such corporation to a corporation controlled by the distributing corporation or a predecessor corporation of the distributing corporation,

v.  a disposition of property by a corporation controlled by the distributing corporation or by a predecessor corporation of the distributing corporation to the distributing corporation or predecessor corporation, as the case may be, or

vi.  a disposition of property by the distributing corporation, a corporation controlled by it or a predecessor corporation of any such corporation for consideration that consists only of money or indebtedness that is not convertible into other property, or of any combination thereof;

(b)  the dividend was received as part of a series of transactions or events in which

i.  a person or partnership, referred to in this subparagraph as the “vendor”, disposed of property and

(1)  the property is a share of the capital stock of a distributing corporation that made a distribution as part of the series or of a transferee corporation in relation to the distributing corporation or property 10% or more of the fair market value of which was, at any time during the course of the series, derived from one or more such shares,

(2)  the vendor, other than a qualified person in relation to the distribution, was, at any time during the course of the series, a specified shareholder of the distributing corporation or of the transferee corporation, and

(3)  the property or any other property, other than property received by the transferee corporation on the distribution, acquired by any person or partnership in substitution therefor was acquired, otherwise than on a permitted acquisition, permitted exchange or permitted redemption in relation to the distribution, by a person, other than the vendor, who was not related to the vendor or, as part of the series, ceased to be related to the vendor or by a partnership,

ii.  control of a distributing corporation that made a distribution as part of the series or of a transferee corporation in relation to the distributing corporation was acquired, otherwise than as a result of a permitted acquisition, permitted exchange or permitted redemption in relation to the distribution, by any person or group of persons; or

iii.  in contemplation of a distribution by a distributing corporation, a share of the capital stock of the distributing corporation was acquired, otherwise than on a permitted acquisition or permitted exchange in relation to the distribution or on an amalgamation of two or more predecessor corporations of the distributing corporation, by

(1)  a transferee corporation in relation to the distributing corporation or by a person or partnership with whom the transferee corporation did not deal at arm’s length from a person to whom the acquirer was not related or from a partnership,

(2)  a person or any member of a group of persons who acquired control of the distributing corporation as part of the series,

(3)  a particular partnership any interest in which is held, directly or indirectly through one or more partnerships, by a person referred to in subparagraph 2, or

(4)  a person or partnership with whom a person referred to in subparagraph 2 or a particular partnership referred to in subparagraph 3 did not deal at arm’s length;

(c)  the dividend was received by a transferee corporation from a distributing corporation that, immediately after the reorganization in the course of which a distribution was made and the dividend was received, was not related to the transferee corporation and the aggregate of all amounts each of which is the fair market value, at the time of acquisition, of a property that satisfies the conditions set out in subparagraphs i and ii is greater than 10% of the fair market value, at the time of the distribution, of all the property, other than money and indebtedness that is not convertible into other property, received by the transferee corporation on the distribution:

i.  the property was acquired, as part of the series of transactions or events that includes the receipt of the dividend, by a person, other than the transferee corporation, who was not related to the transferee corporation or, as part of the series, ceased to be related to the transferee corporation, or by a partnership, otherwise than

(1)  as a result of a disposition in the ordinary course of business,

(2)  on a permitted acquisition in relation to a distribution, or

(3)  as a result of an amalgamation of two or more corporations that were related to each other immediately before the amalgamation, and

ii.  the property is a property, other than money, indebtedness that is not convertible into other property, a share of the capital stock of the transferee corporation and property more than 10% of the fair market value of which is attributable to one or more such shares,

(1)  that was received by the transferee corporation on the distribution,

(2)  more than 10% of the fair market value of which was, at any time after the distribution and before the end of the series of transactions or events, attributable to property, other than money and indebtedness that is not convertible into other property, described in subparagraph 1 or 3, or

(3)  to which, at any time during the course of the series of transactions or events, the fair market value of property described in subparagraph 1 was wholly or partly attributable; or

(d)  the dividend was received by a distributing corporation that, immediately after the reorganization in the course of which a distribution was made and the dividend was received, was not related to the transferee corporation that paid the dividend and the aggregate of all amounts each of which is the fair market value, at the time of acquisition, of a property that satisfies the conditions set out in subparagraphs i and ii is greater than 10% of the fair market value at the time of the distribution, of all the property, other than money and indebtedness that is not convertible into other property, owned immediately before that time by the distributing corporation and not disposed of by it on the distribution:

i.  the property was acquired, as part of the series of transactions or events that includes the receipt of the dividend, by a person, other than the distributing corporation, who was not related to the distributing corporation or, as part of the series, ceased to be related to the distributing corporation, or by a partnership, otherwise than

(1)  as a result of a disposition in the ordinary course of business,

(2)  on a permitted acquisition in relation to a distribution, or

(3)  as a result of an amalgamation of two or more corporations that were related to each other immediately before the amalgamation, and

ii.  the property is a property, other than money, indebtedness that is not convertible into other property, a share of the capital stock of the distributing corporation and property more than 10% of the fair market value of which is attributable to one or more such shares,

(1)  that was owned by the distributing corporation immediately before the distribution and not disposed of by it on the distribution,

(2)  more than 10% of the fair market value of which was, at any time after the distribution and before the end of the series of transactions or events, attributable to property, other than money and indebtedness that is not convertible into other property, described in subparagraph 1 or 3, or

(3)  to which, at any time during the course of the series of transactions or events, the fair market value of property described in subparagraph 1 was wholly or partly attributable.

1995, c. 49, s. 73; 1996, c. 39, s. 99; 1997, c. 3, s. 71; 2000, c. 5, s. 78; 2009, c. 15, s. 74.

308.3.2. For the purposes of paragraph b of section 308.3.1,

(a)  in determining whether the vendor referred to in subparagraph i of the said paragraph b is at a particular time a specified shareholder of a transferee corporation or of a distributing corporation, the references in sections 21.17 and 21.18 to “taxpayer” shall be read as references to “person or partnership”, with the necessary modifications;

(b)  a corporation that is formed by the amalgamation of two or more corporations is deemed to be a continuation of each of the predecessor corporations;

(c)  subject to paragraph d, each particular person who acquired a share of the capital stock of a distributing corporation in contemplation of a distribution by the distributing corporation is deemed, in respect of that acquisition, not to be related to the person from whom the particular person acquired the share unless

i.  the particular person acquired all the shares of the capital stock of the distributing corporation that were owned, at any time during the course of the series of transactions or events that included the distribution and before the acquisition, by the other person, or

ii.  immediately after the reorganization in the course of which the distribution was made, the particular person was related to the distributing corporation;

(d)  where a share is acquired by an individual from a personal trust in satisfaction of all or a part of the individual’s capital interest in the trust, the individual is deemed, in respect of that acquisition, to be related to the trust;

(e)  subject to paragraph f, where at any time a share of the capital stock of a corporation is redeemed or cancelled, otherwise than on an amalgamation where the only consideration received or receivable for the share by the shareholder on the amalgamation is a share of the capital stock of the corporation formed by the amalgamation, the corporation is deemed to have acquired the share at that time;

(f)  where a share of the capital stock of a corporation is redeemed, acquired or cancelled by the corporation pursuant to the exercise of a statutory right of dissent by the holder of the share, the corporation is deemed not to have acquired the share;

(g)  control of a corporation is deemed not to have been acquired by a person or group of persons where it is so acquired solely because of

i.  the incorporation of the corporation, or

ii.  the acquisition by an individual of one or more shares for the sole purpose of qualifying as a director of the corporation; and

(h)  in relation to a distribution each corporation (other than a qualified person in relation to the distribution) that is a shareholder and specified shareholder of the distributing corporation at any time during the course of a series of transactions or events, a part of which includes the distribution made by the distributing corporation, is deemed to be a transferee corporation in relation to the distributing corporation.

1996, c. 39, s. 100; 1997, c. 3, s. 71; 2000, c. 5, s. 79; 2009, c. 15, s. 75.

308.3.3. In determining whether a person is a specified shareholder of a corporation for the purposes of subparagraph i of paragraph b of section 308.3.1 and paragraph h of section 308.3.2, the reference in section 21.17 to “or of any other corporation that is related to the corporation” shall be read as “or of any other corporation that is related to the corporation and that has a significant direct or indirect interest in any issued shares of the capital stock of the corporation”.

2000, c. 5, s. 80.

308.3.4. For the purpose of determining whether a person is a specified shareholder of a corporation for the purposes of the definition of “qualified person” in the first paragraph of section 308.0.1, subparagraph i of paragraph b of section 308.3.1 and paragraph h of section 308.3.2 when it applies for the purposes of subparagraph iii of paragraph b of section 308.3.1, section 21.17 is to be read as if “not less than 10% of the issued shares of any class of the capital stock of the corporation” was replaced by “not less than 10% of the issued shares of any class of the capital stock of the corporation, other than shares of a specified class within the meaning of section 308.0.1,”.

2009, c. 15, s. 76.

308.3.5. For the purposes of paragraphs c and d of section 308.3.1, a corporation formed by an amalgamation of two or more corporations that were related to each other immediately before the amalgamation is deemed to be a continuation of each of the predecessor corporations.

2009, c. 15, s. 76.

308.3.6. For the purposes of sections 1094 to 1096 and 1102.4, a share (in this section referred to as the “reorganization share”) is deemed to be listed on a designated stock exchange if

(a)  a dividend, to which section 308.1 does not apply because of section 308.3, is received in the course of a reorganization;

(b)  in contemplation of the reorganization, the reorganization share is

i.  issued to a taxpayer by a public corporation in exchange for another share of that corporation (in this section referred to as the “old share”) owned by the taxpayer, and

ii.  exchanged by the taxpayer for a share of another public corporation (in this section referred to as the “new share”) in an exchange that would be a permitted exchange if the definition of “permitted exchange” in the first paragraph of section 308.0.1 were read without reference to its paragraph a and subparagraph ii of its paragraph b;

(c)  immediately before the exchange, the old share is listed on a designated stock exchange and is not taxable Canadian property of the taxpayer; and

(d)  the new share is listed on a designated stock exchange.

2009, c. 15, s. 76; 2010, c. 5, s. 33.

308.4. (Repealed).

1982, c. 5, s. 66; 1984, c. 15, s. 70; 1986, c. 15, s. 59; 1996, c. 39, s. 101.

308.5. For the purposes of this division, where it can reasonably be considered that one of the main purposes of one or more transactions or events was to cause two or more persons to be related to each other or to cause a corporation to control another corporation, so that section 308.1 would, but for this section, not apply to a dividend, those persons shall be deemed not to be related to each other or the corporation shall be deemed not to control the other corporation, as the case may be.

1982, c. 5, s. 66; 1986, c. 15, s. 59; 1996, c. 39, s. 102; 1997, c. 3, s. 71.

308.6. For the purposes of this division, the following rules apply:

(a)  where a dividend referred to in sections 308.1 and 308.2 is received by a corporation as part of a transaction or event or a series of transactions or events, the portion of a capital gain attributable to any income expected to be earned or realized by a corporation after the safe-income determination time for the transaction, event or series of transactions or events is deemed to be a portion of a capital gain attributable to anything other than income;

(b)  the income earned or realized by a corporation for a period throughout which it was resident in Canada and was not a private corporation is deemed to be the aggregate of

i.  its income for the period otherwise determined on the assumption that no amounts were deductible by the corporation in respect of that period under paragraph j of section 157, as it read before being struck out, and sections 230.1 to 230.11, as they read before their repeal,

ii.  the amount by which the amount by which the aggregate of the capital gains of the corporation for the period exceeds the aggregate of its taxable capital gains for the period, exceeds the amount by which the aggregate of the capital losses of the corporation for the period exceeds the aggregate of its allowable capital losses for the period,

iii.  the aggregate of all amounts each of which is an amount relating to a business carried on by the corporation at any time in the portion of the period that precedes the beginning of the corporation’s first taxation year that ends after 27 February 2000, and each of which is equal to the amount by which the amount determined under the second paragraph is exceeded by the aggregate of

(1)  where the period began before the corporation’s adjustment time, within the meaning of section 107.1, the amount by which the aggregate of the amounts relating to the business that are determined under the third paragraph in respect of the corporation exceeds the aggregate of the amounts relating to the business that are determined under the fourth paragraph in respect of the corporation,

(2)  1/3 of the aggregate of the amounts relating to the business that, in respect of the portion of the period following the corporation’s adjustment time but preceding the beginning of the corporation’s first taxation year that ends after 27 February 2000, are required to be included in computing the corporation’s eligible incorporeal capital amount by reason of subparagraph ii of paragraph b of section 107, as that subparagraph read in that portion of the period, and

(3)  1/3 of all amounts required to be included in computing the corporation’s income by reason of paragraph i.1 of section 87 and that are received in the portion of the period that precedes the beginning of the corporation’s first taxation year that ends after 27 February 2000,

iv.  the amount by which 1/2 of the aggregate of all amounts each of which is an amount required by paragraph b of section 105 to be included in computing the corporation’s income in respect of a business carried on by the corporation for a taxation year that is included in the period and that ends after 27 February 2000 but before 18 October 2000, exceeds

(1)  where the corporation has deducted an amount under section 142.1 in respect of a debt established by it to have become a bad debt in a taxation year that is included in the period and that ends after 27 February 2000 but before 18 October 2000, or has an allowable capital loss for such a year by reason of the application of section 142.2, the amount determined by the formula

A + B, and

(2)  in any other case, nil, and

v.  the amount by which the aggregate of all amounts each of which is an amount required by paragraph b of section 105 to be included in computing the corporation’s income in respect of a business carried on by the corporation for a taxation year that is included in the period and that ends after 17 October 2000, exceeds

(1)  where the corporation has deducted an amount under section 142.1 in respect of a debt established by it to have become a bad debt in a taxation year that is included in the period and that ends after 17 October 2000, or has an allowable capital loss for such a year by reason of the application of section 142.2, the amount determined by the formula

B + C, and

(2)  in any other case, nil;

(c)  the income earned or realized by a corporation for a period throughout which it was a private corporation is deemed to be its income for the period otherwise determined on the assumption that no amounts were deductible by the corporation in respect of that period under paragraph j of section 157, as that paragraph read before being struck out, or sections 230.1 to 230.11, as they read before their repeal;

(d)  the income earned or realized by a corporation for a period that ends at a time when that corporation is a foreign affiliate of another corporation is deemed to be equal to the aggregate of the amount that would be deductible by that other corporation at that time under paragraph a of section 746 and the amount that would be deductible by that other corporation at that time under paragraph b of that section if

i.  that other corporation had owned all of the shares of the capital stock of that affiliate immediately before that time,

ii.   that other corporation had disposed at that time of all of the shares referred to in subparagraph i for proceeds of disposition equal to their fair market value at that time, and

iii.  that other corporation had made the election referred to in section 589 in respect of the full amount of the proceeds of disposition referred to in subparagraph ii;

(e)  in determining whether two or more persons are related to each other, in determining whether a person is at any time a specified shareholder of a corporation and in determining whether control of a corporation has been acquired by a person or group of persons,

i.  a person is deemed to be dealing with another person at arm’s length and not to be related to the other person if the person is the brother or sister of the other person,

ii.  where at any time a person is related to each beneficiary, other than a registered charity, under a trust who is or may, otherwise than by reason of the death of another beneficiary under the trust, be entitled to share in the income or capital of the trust, the person and the trust are deemed to be related at that time to each other and, for this purpose, a person is deemed to be related to himself,

iii.  a person and a trust are deemed not to be related to each other unless they are deemed by paragraph d of section 308.3.2 or subparagraph ii to be related to each other or the person is a corporation that is controlled by the trust, and

iv.  this Act shall be read without reference to subsection 2 of section 19 and paragraph b of section 20; and

(f)  where a corporation has received a dividend any portion of which is a taxable dividend,

i.  subject to subparagraphs iii to v, if, in accordance with subparagraph i of paragraph f of subsection 5 of section 55 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the corporation designates, after 19 December 2006, a portion of the taxable dividend, or, if the taxable dividend is a particular amount that is deemed to be a dividend or taxable dividend, a portion of the amount, corresponding to the particular amount and in this subparagraph i and subparagraph iv referred to as the “deemed dividend for federal purposes”, that is deemed to be a dividend or taxable dividend for the purposes of that Act, as a separate taxable dividend, the portion of the taxable dividend that is equal to the lesser of the following amounts is deemed to be a separate taxable dividend:

(1)  the aggregate of the amount of the so designated separate taxable dividend and of the deemed separate taxable dividend under subparagraph ii of paragraph f of subsection 5 of section 55 of the Income Tax Act, that does not give rise to the application of subsection 2 of section 55 of that Act in its respect, and—if the designated or deemed separate taxable dividend corresponds to the maximum portion of the taxable dividend or deemed dividend for federal purposes that could, if it were a separate taxable dividend, then be received by the corporation without giving rise to the application of that subsection 2 in its respect—of the amount that the corporation specifies in the fiscal return it is required to file for the taxation year in which the dividend is received, and

(2)  an amount equal to the maximum portion of the taxable dividend that could, if it were a separate taxable dividend, then be received by the corporation without giving rise to the application of section 308.1 in its respect,

ii.  subject to subparagraphs iii to v, the portion of the taxable dividend that exceeds the amount of the deemed separate taxable dividend under subparagraph i is deemed to be a separate taxable dividend,

iii.  if the designated separate taxable dividend and the deemed separate taxable dividend, which are referred to in subparagraph 1 of subparagraph i, are each dividends that do not give rise to the application of subsection 2 of section 55 of the Income Tax Act in their respect, that subparagraph 1 is to be read as follows:

“(1) the aggregate of the total of the amount of the so designated separate taxable dividend and the amount of the deemed separate taxable dividend under subparagraph ii of paragraph f of subsection 5 of section 55 of the Income Tax Act, and the amount that the corporation specifies in the fiscal return it is required to file for the taxation year in which the dividend is received, and”,

iv.  if the designated separate taxable dividend and the deemed separate taxable dividend, which are referred to in subparagraph 1 of subparagraph i, each give rise to the application of subsection 2 of section 55 of the Income Tax Act in their respect,

(1)  subparagraph i must—if no portion of the capital gain referred to in subsection 2 of section 55 of the Income Tax Act in respect of each of those separate taxable dividends can reasonably be attributed to income earned or realized by a corporation after 1971 and before the safe-income determination time in relation to the transaction, event or series of transactions or events, as part of which the dividend is received, as determined for the purposes of section 55 of that Act—be applied as if the portion designated by the corporation in accordance with subparagraph i of paragraph f of subsection 5 of section 55 of the Income Tax Act, in respect of the taxable dividend or deemed dividend for federal purposes, were equal to zero and were a taxable dividend that does not give rise to the application of subsection 2 of section 55 of that Act in its respect, and

(2)  in any other case, subparagraphs i and ii do not apply and the taxable dividend is deemed to be a dividend referred to in section 308.2,

v.  if the designation referred to in subparagraph i is not made, that subparagraph must be applied as if the corporation had designated, after 19 December 2006 and in accordance with subparagraph i of paragraph f of subsection 5 of section 55 of the Income Tax Act, a portion of the taxable dividend or, if the taxable dividend is a particular amount that is deemed to be a dividend or taxable dividend, a portion of the amount, corresponding to the particular amount and in subparagraphs 1 and 2 and subparagraph vi referred to as the “deemed dividend for federal purposes”, that is deemed to be a dividend or taxable dividend for the purposes of that Act, that is equal

(1)  to zero, and that must be considered as a taxable dividend that does not give rise to the application of subsection 2 of section 55 of the Income Tax Act in its respect, if no portion of the capital gain referred to in that subsection 2 in respect of the taxable dividend or deemed dividend for federal purposes can reasonably be attributed to income earned or realized by a corporation after 1971 and before the safe-income determination time in relation to the transaction, event or series of transactions or events, as part of which the dividend is received, as determined for the purposes of section 55 of that Act, or

(2)  to the maximum portion of the taxable dividend or deemed dividend for federal purposes that could, if it were a separate taxable dividend, then be received by the corporation without giving rise to the application of subsection 2 of section 55 of the Income Tax Act in its respect, if no portion of the taxable dividend or deemed dividend for federal purposes is deemed, under that subsection 2, not to be a dividend received by the corporation, and

vi.  if the designation referred to in subparagraph i is not made, subparagraph v does not apply, the taxable dividend or deemed dividend for federal purposes gives rise to the application of subsection 2 of section 55 of the Income Tax Act in its respect, and, but for this subparagraph vi, the taxable dividend would not give rise to the application of section 308.1 in its respect, the taxable dividend is deemed to be a dividend referred to in section 308.2.

The amount to which subparagraph iii of subparagraph b of the first paragraph refers is equal to the aggregate of

(a)  where the period, referred to in subparagraph b of the first paragraph, began after the corporation’s adjustment time but before the beginning of the corporation’s first taxation year that ends after 27 February 2000, 1/3 of the corporation’s eligible incorporeal capital amount in respect of the business at the beginning of that period;

(b)  1/4 of the aggregate of all incorporeal capital amounts in respect of the business payable or disbursed by the corporation in respect of that portion of that period that follows the corporation’s adjustment time but precedes the beginning of the corporation’s first taxation year that ends after 27 February 2000 and a portion of which was not included in subparagraph c of the fourth paragraph;

(c)  where that period began before the corporation’s adjustment time, 1/2 of the amount by which the aggregate of all amounts determined in respect of the corporation under subparagraphs a and b of the fourth paragraph exceeds the amount determined in respect of the corporation under the third paragraph; and

(d)  1/3 of all amounts deducted by the corporation under section 142.1 in respect of debts established by it to have become bad debts during the portion of the period that precedes the beginning of the corporation’s first taxation year that ends after 27 February 2000.

The first aggregate of the amounts relating to a business referred to in subparagraph 1 of subparagraph iii of subparagraph b of the first paragraph, in respect of a corporation, is equal to the aggregate of the amounts relating to the business that, in respect of the portion of the period referred to in that subparagraph 1 that precedes the corporation’s adjustment time, are required to be included in computing the corporation’s eligible incorporeal capital amount by reason of subparagraph ii of paragraph b of section 107, as that subparagraph read during the portion of that period.

The second aggregate of the amounts in respect of a business referred to in subparagraph 1 of subparagraph iii of subparagraph b of the first paragraph, with regard to a corporation, is the aggregate of

(a)  the corporation’s eligible incorporeal capital amount in respect of the business at the commencement of the period contemplated in such subparagraph 1;

(b)  one-half of the aggregate of all incorporeal capital amounts in respect of the business payable or disbursed by the corporation during that portion of the period preceding the corporation’s adjustment time;

(c)  1/2 of the aggregate of the incorporeal capital amounts in respect of the business payable or disbursed by the corporation during the portion of that period that follows the corporation’s adjustment time but that precedes the beginning of the corporation’s first taxation year that ends after 27 February 2000, to the extent that the aggregate determined under the third paragraph exceeds the aggregate of the amounts determined under subparagraphs a and b.

In the formulas provided for in subparagraph 1 of subparagraph iv of subparagraph b of the first paragraph and subparagraph 1 of subparagraph v of that subparagraph b,

(a)  A is 1/2 of the amount that would be determined under subparagraph a of the second paragraph of section 142.1 in respect of the corporation for the last taxation year that ends in the period if no amount had been established to have become a bad debt in a taxation year that ends before 28 February 2000;

(b)  B is 1/3 of the amount that would be determined under subparagraph b of the second paragraph of section 142.1 in respect of the corporation for the last taxation year that ends in the period if no amount had been established to have become a bad debt in a taxation year that ends before 28 February 2000; and

(c)  C is the amount that would be determined under subparagraph a of the second paragraph of section 142.1 in respect of the corporation for the last taxation year that ends in the period if no amount had been established to have become a bad debt in a taxation year that ends before 28 February 2000.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subparagraph i of paragraph f of subsection 5 of section 55 of the Income Tax Act or in relation to a designation made under subparagraph i of subparagraph f of the first paragraph before 20 December 2006.

1982, c. 5, s. 66; 1990, c. 59, s. 139; 1995, c. 49, s. 236; 1996, c. 39, s. 103; 1997, c. 3, s. 71; 1998, c. 16, s. 106; 2000, c. 5, s. 81; 2003, c. 2, s. 107; 2004, c. 8, s. 57; 2005, c. 1, s. 83; 2009, c. 5, s. 108; 2010, c. 25, s. 26.

TITLE V OTHER SOURCES OF INCOME

1972, c. 23.

CHAPTER I RULES OF APPLICATION

1972, c. 23.

309. Without restricting the generality of section 28, a taxpayer shall include in computing his income for a taxation year the amounts he receives, is deemed to receive or that are allocated to him in such year as provided for in this Title.

1972, c. 23, s. 284.

309.1. (Repealed).

1993, c. 16, s. 124; 1995, c. 1, s. 30; 1995, c. 63, s. 33; 1997, c. 14, s. 58; 1997, c. 85, s. 59.

CHAPTER II MISCELLANEOUS CASES

1972, c. 23.

310. The amounts that a taxpayer is required to include in computing the taxpayer’s income under section 309 include those in respect of a registered retirement savings plan or a registered retirement income fund, to the extent provided for in Title IV of Book VII, those provided for in sections 935.4 to 935.6 and 935.15 to 935.17, those in respect of a registered retirement income fund, to the extent provided for in Title V.1 of Book VII, and those provided for in sections 965.20, 965.128, 968 and 968.1.

1972, c. 23, s. 285; 1978, c. 26, s. 48; 1979, c. 14, s. 1; 1980, c. 13, s. 20; 1983, c. 44, s. 24; 1990, c. 7, s. 14; 1991, c. 25, s. 59; 1993, c. 64, s. 26; 1994, c. 22, s. 138; 1995, c. 49, s. 74; 1996, c. 39, s. 104; 2000, c. 5, s. 82; 2001, c. 53, s. 53; 2005, c. 23, s. 46; 2006, c. 13, s. 36; 2010, c. 5, s. 34.

311. The taxpayer must also include any amount received under or as:

(a)  a retiring allowance, other than an amount received out of or under an employee benefit plan, a retirement compensation arrangement or a salary deferral arrangement;

(b)  a death benefit;

(c)  a benefit under the Unemployment Insurance Act (R.S.C. 1985, c. U-1), other than a payment relating to a course or program designed to facilitate the re-entry into the labour force of a claimant under that Act, or a benefit under Part I, VIII or VIII.1 of the Employment Insurance Act (S.C. 1996, c. 23);

(c.1)  a benefit under the Act respecting parental insurance (chapter A-29.011);

(d)  a benefit under regulations made under an Appropriation Act providing for a scheme of transitional assistance benefits to persons employed in the production of products to which the Canada-United States Agreement on Automotive Products, signed on 16 January 1965, applies;

(e)  a prescribed benefit paid under a government assistance program, except to the extent otherwise required to be included in the taxpayer’s income;

(e.1)  a benefit paid under the Program for Older Worker Adjustment according to the terms of the agreement made following the approval obtained under Order in Council 1396-88 dated 14 September 1988;

(e.2)  earnings supplements, other than an amount attributable to child care expenses, provided under a project sponsored by a government or government agency in Canada to encourage an individual to obtain or keep employment or to carry on a business either alone or as a partner actively engaged in the business, otherwise than under a prescribed program;

(e.3)  financial assistance under a program established by the Canada Employment Insurance Commission under Part II of the Employment Insurance Act, other than an amount attributable to child care expenses;

(e.4)  financial assistance, other than an amount attributable to child care expenses, under a program, other than a prescribed program, that is

i.  established by a government or government agency in Canada or by an organization,

ii.  similar to a program established under Part II of the Employment Insurance Act, and

iii.  the subject of an agreement between the government, government agency or organization, as the case may be, and the Canada Employment Insurance Commission pursuant to section 63 of the Employment Insurance Act;

(e.5)  financial assistance, other than an amount attributable to child care expenses, under a program established by a government or government agency in Canada that provides income replacement benefits similar to income replacement benefits provided under a program established under the Employment Insurance Act;

(e.6)  the Wage Earner Protection Program Act (S.C. 2005, c. 47) in respect of wages within the meaning of that Act;

(f)  a benefit under a supplementary unemployment benefit plan, to the extent provided by section 965;

(g)  a benefit under a deferred profit sharing plan, to the extent provided in Title II of Book VII;

(h)  a refund from an individual in respect of an amount described in paragraph g of section 336;

(i)  a benefit under a registered education savings plan to the extent provided in sections 904 and 904.1;

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(k.0.1)  an income replacement indemnity or compensation for the loss of financial support under a public compensation plan;

(k.1)  (paragraph repealed);

(k.2)  (paragraph repealed);

(k.3)  (paragraph repealed);

(k.4)  (paragraph repealed);

(k.5)  (paragraph repealed);

(l)  (paragraph repealed).

1972, c. 23, s. 286; 1974, c. 18, s. 16; 1975, c. 21, s. 7; 1979, c. 18, s. 24; 1980, c. 13, s. 21; 1982, c. 5, s. 67; 1984, c. 15, s. 71; 1989, c. 77, s. 25; 1990, c. 7, s. 15; 1991, c. 25, s. 60; 1993, c. 16, s. 125; 1995, c. 49, s. 75; 1995, c. 63, s. 34; 1997, c. 14, s. 290; 1997, c. 85, s. 60; 1998, c. 16, s. 251; 2000, c. 5, s. 83; 2001, c. 51, s. 32; 2002, c. 40, s. 26; 2005, c. 1, s. 84; 2005, c. 23, s. 47; 2005, c. 38, s. 65; 2006, c. 13, s. 37; 2009, c. 5, s. 109; 2010, c. 5, s. 35.

311.1. A taxpayer shall also include any amount, other than a prescribed amount, received in the year by the taxpayer as a social assistance payment based on a means, needs or income test, to the extent that such amount is not otherwise required to be included in computing the taxpayer’s income for a taxation year.

However, a social assistance payment referred to in the first paragraph does not include the portion of an amount received as last resort financial assistance under the Individual and Family Assistance Act (chapter A-13.1.1) or similar government assistance that relates to

(a)  an amount to meet the needs of children, whether minor or of full age;

(b)  an amount received as a special benefit to provide for certain particular needs;

(c)  an amount attributable to child care expenses; or

(d)  an increase to account for an advance sales tax credit.

1984, c. 15, s. 72; 1990, c. 59, s. 140; 1991, c. 25, s. 61; 1993, c. 16, s. 126; 1995, c. 1, s. 31; 1995, c. 63, s. 35; 1997, c. 85, s. 61; 2000, c. 5, s. 84; 2000, c. 39, s. 20; 2001, c. 51, s. 33; 2004, c. 21, s. 72; 2007, c. 12, s. 47.

311.2. A taxpayer shall also include any amount received in the year by the taxpayer as financial assistance under the first phase of the Solidarité jeunesse project that is the subject of decision 195218 of the Conseil du trésor dated 23 August 2000 or under the Solidarité jeunesse program administered by the Ministère de l’Emploi et de la Solidarité sociale.

However, the first paragraph does not apply in respect of an amount that is attributable to child care expenses.

2002, c. 40, s. 27; 2005, c. 38, s. 66.

312. The taxpayer must also include:

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(b.0.1)  (paragraph repealed);

(b.1)  (paragraph repealed);

(b.2)  (paragraph repealed);

(c)  an amount received as an annuity payment, except

i.  an amount otherwise required to be included in computing the taxpayer’s income for the year,

ii.  an amount with respect to an interest in an annuity contract to which section 92.11 applies, or would apply if the contract had an anniversary day in the year at a time when the taxpayer held the interest,

ii.1.  an amount received out of or under an annuity contract issued or effected as a tax-free savings account,

iii.  (subparagraph repealed);

(c.1)  (paragraph repealed);

(c.2)  an amount received out of or under, or as proceeds of disposition of, an annuity where the payment made for the acquisition of the annuity was

i.  deductible in computing the taxpayer’s income because of paragraph f of section 339 or because of section 923.3, as it read immediately before its repeal,

ii.  made in circumstances to which, for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), subsection 21 of section 146 of that Act applied, or

iii.  made pursuant to or under a deferred profit sharing plan by a trustee under the plan to purchase the annuity for a beneficiary under the plan;

(d)  an amount received as proceeds of the surrender, cancellation, redemption, sale or other disposition of an income-averaging annuity contract, or an amount deemed to have been received under the first paragraph of section 346;

(d.1)  an amount received as a payment in full or partial commutation of an income-averaging annuity respecting income from artistic activities or as proceeds of disposition by reason of the cancellation or redemption of an income-averaging annuity respecting income from artistic activities;

(e)  (paragraph repealed);

(f)  an amount received as costs and expenses awarded by a court on an appeal relating to an assessment of tax, interest or penalties referred to in paragraph e of section 336 or as reimbursement of costs incurred in relation to an assessment, a decision, an application or a notice referred to in paragraph d.4 or e of section 336 if, in relation to that assessment, decision, application or notice, an amount has been or may be deducted under paragraph d.4 or e in computing the taxpayer’s income;

(f.1)  an amount received as an award or reimbursement in respect of judicial or extrajudicial expenses, other than those relating to a partition or settlement of property arising out of, or on a breakdown of, a marriage, paid to collect or establish a right to a retiring allowance or a benefit under a pension plan, other than a benefit under the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan, within the meaning of the said Act, in respect of employment;

(g)  the aggregate of all amounts, other than an amount referred to in paragraph i of section 311, an amount received in the course of business and an amount received by virtue of, or in the course of, an office or employment, each of which is an amount received by the taxpayer in the year as a scholarship, fellowship or bursary, or a prize for achievement in a field of endeavour ordinarily carried on by the taxpayer, other than an amount received by the taxpayer from a school board, which relates to the actual costs of periodic transportation incurred by the taxpayer, or by an individual who is a member of the taxpayer’s household, in accordance with the budgetary rules established by the Minister of Education, Recreation and Sports for the purpose of applying the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14);

(h)  the amount by which any grant received by the taxpayer to carry on research or any similar work exceeds the total of expenses incurred by the taxpayer for that purpose in the year, in the preceding year but after obtaining confirmation that the grant would be awarded to the taxpayer, and in the year following the year in which the grant is received, to the extent that those expenses did not reduce an amount received as a grant for another year, other than

i.  personal or living expenses incurred by the taxpayer while away from home in the course of carrying on the work except travel expenses, which include the amounts expended for meals and lodging,

ii.  expenses in respect of which the taxpayer is reimbursed, or

iii.  expenses that are otherwise deductible in computing the taxpayer’s income for the year;

(i)  an amount received under the federal Apprenticeship Incentive Grant program administered by the Department of Human Resources and Social Development of Canada;

(j)  an amount received in the year by the taxpayer or by a person who does not deal at arm’s length with the taxpayer on account of a debt in respect of which a deduction was made under paragraph l of section 336 in computing the taxpayer’s income for a preceding taxation year.

1972, c. 23, s. 287; 1973, c. 17, s. 33; 1980, c. 13, s. 22; 1982, c. 5, s. 68; 1982, c. 17, s. 50; 1984, c. 15, s. 73; 1986, c. 15, s. 60; 1986, c. 19, s. 58; 1987, c. 67, s. 77; 1988, c. 4, s. 30; 1988, c. 18, s. 16; 1989, c. 77, s. 26; 1990, c. 59, s. 141; 1991, c. 25, s. 62; 1993, c. 16, s. 127; 1993, c. 64, s. 27; 1994, c. 22, s. 139; 1995, c. 1, s. 32; 1995, c. 49, s. 76; 1997, c. 14, s. 290; 1997, c. 31, s. 44; 1997, c. 85, s. 62; 1998, c. 16, s. 107; 1999, c. 83, s. 51; 2001, c. 51, s. 34; 2002, c. 40, s. 28; 2005, c. 1, s. 85; 2005, c. 23, s. 48; 2005, c. 28, s. 195; 2007, c. 12, s. 48; 2009, c. 5, s. 110; 2010, c. 5, s. 36.

312.1. (Repealed).

1990, c. 59, s. 142; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 108.

312.2. (Repealed).

1993, c. 16, s. 128; 2001, c. 51, s. 35; 2002, c. 40, s. 29.

312.3. In this chapter,

“child support amount” means any support amount that is not identified in the agreement or order under which it is receivable as being solely for the support of a recipient who is a spouse or former spouse of the payer or who is the father or mother of a child of the payer;

“commencement day” in respect of an agreement or order means

(a)  where the agreement or order is made after 30 April 1997, the day it is made; and

(b)  where the agreement or order is made before 1 May 1997, the day that is after 30 April 1997 and is the earliest of

i.  the day specified as the commencement day by the payer and the recipient of the child support amount payable or receivable under the agreement or order, in a valid election made under subparagraph i of paragraph b of the definition of “commencement day” in subsection 4 of section 56.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the agreement or order,

ii.  where the agreement or order is varied after 30 April 1997 to change the child support amounts payable to the recipient, the day on which the first payment of the varied amount is required to be made,

iii.  where a subsequent agreement or order is made after 30 April 1997, the effect of which is to change the total child support amounts payable to the recipient by the payer, the commencement day of the first such subsequent agreement or order, and

iv.  the day specified in the agreement or order, or any variation of the agreement or order, as the commencement day for the purposes of this Part or, if the day is specified in such a variation made after 19 December 2006, of the Income Tax Act;

“support amount” means, subject to the second paragraph, an amount receivable as an allowance on a periodic basis for the maintenance of the recipient, a child of the recipient or both the recipient and a child of the recipient, if the recipient has discretion as to the use of the amount, and

(a)  the recipient is the spouse or former spouse of the payer, the recipient and payer are living separate and apart because of the breakdown of their marriage and the amount is receivable under an order of a competent tribunal or under a written agreement; or

(b)  the payer is the father or mother of a child of the recipient and the amount is receivable under an order made by a competent tribunal in accordance with the laws of a province.

For the purposes of the definition of “support amount” in the first paragraph, the following rules apply:

(a)  a support amount does not include an amount described in that definition that, if paid and received, would be so under a decree, order or judgment of a competent tribunal, or under a written agreement, that does not have a commencement day, and would not be required to be included in computing the income of the recipient of the amount if

i.  paragraphs a to b.1 of section 312, as they applied before being struck out, applied in respect of an amount received after 31 December 1996 and were read without reference to the words “and throughout the remainder of the year”, and

ii.  section 312.4 were disregarded;

(b)  the portion of that definition before paragraph a shall be read without reference to the words “the recipient has discretion as to the use of the amount, and”, where it applies in respect of an amount receivable under a decree, order or judgment of a competent tribunal, or under a written agreement, made after 27 March 1986 and before 1 January 1988.

Chapter V.2 of Title II of Book I applies in relation to an election made under subparagraph i of paragraph b of the definition of “commencement day” in subsection 4 of section 56.1 of the Income Tax Act or in relation to an election made under subparagraph i of paragraph b of the definition of “commencement day” in the first paragraph before 20 December 2006.

1998, c. 16, s. 109; 2000, c. 5, s. 85; 2009, c. 5, s. 111.

312.4. A taxpayer shall also include the aggregate of all amounts each of which is an amount determined by the formula

A − (B + C).

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is a support amount received after 31 December 1996 and before the end of the year by the taxpayer from a particular person where the taxpayer and the particular person were living separate and apart at the time the amount was received;

(b)  B is the aggregate of all amounts each of which is a child support amount that became receivable by the taxpayer from the particular person under an agreement or order on or after the commencement day and before the end of the year in respect of a period that began on or after the commencement day; and

(c)  C is the aggregate of all amounts each of which is a support amount received after 31 December 1996 by the taxpayer from the particular person and included in the taxpayer’s income for a preceding taxation year.

The first and second paragraphs do not apply in respect of an amount received pursuant to an order or a written agreement made before 16 June 1999 where, but for the amendments made to subparagraph a of the first paragraph of section 2.2.1 by section 14 of the Act to amend various legislative provisions concerning de facto spouses (1999, chapter 14), this section would not have applied in respect of that amount, except if

(a)  subparagraph a of the first paragraph of section 2.2.1, as amended by section 14 of the Act to amend various legislative provisions concerning de facto spouses, applies to the taxpayer and the particular person before 16 June 1999 because of the third paragraph of section 2.2.1; or

(b)  the taxpayer and the particular person jointly elect to have the first and second paragraphs of this section and of section 336.0.3 apply after 15 June 1999 in respect of that amount by filing a document signed by the taxpayer and the particular person with the Minister on or before the taxpayer’s and the particular person’s filing-due date for the taxation year that includes 20 December 2001.

1998, c. 16, s. 109; 2000, c. 5, s. 86; 2001, c. 53, s. 54.

312.5. A taxpayer shall also include any amount received under an order of a competent tribunal as a reimbursement of an amount deducted under any of paragraphs a to b of subsection 1 of section 336, as it read for that preceding year, in computing the taxpayer’s income for a preceding taxation year, or that could have been so deducted were it not for section 334.1, as it read for that preceding year, or deducted under section 336.0.3 in computing the taxpayer’s income for the year or a preceding taxation year.

Despite the first paragraph, a taxpayer is not required to include, if the taxpayer so elects, the portion of the amount referred to in the first paragraph received by the taxpayer that relates to one or more of the taxpayer’s eligible taxation years that precede the taxation year 2003 and follow the taxation year 1997.

For the purposes of the second paragraph, “eligible taxation year” of a taxpayer means a taxation year throughout which the taxpayer was resident in Canada, other than a taxation year that ends in a calendar year in which the taxpayer became a bankrupt or a taxation year included, in whole or in part, in an averaging period determined in respect of the taxpayer for the purposes of Division II of Chapter II of Title I of Book V, as it read before being repealed.

1998, c. 16, s. 109; 2002, c. 40, s. 30; 2004, c. 21, s. 73; 2005, c. 38, s. 67.

313. For the purposes of section 312.4, where an order or agreement, or any variation thereof, provides for the payment of an amount to a taxpayer or for the benefit of the taxpayer, a child in the taxpayer’s custody or both the taxpayer and a child in the taxpayer’s custody, the amount or any part thereof, when payable, is deemed to be payable to and receivable by the taxpayer and, when paid, is deemed to have been paid to and received by the taxpayer.

1975, c. 21, s. 8; 1982, c. 5, s. 69; 1982, c. 17, s. 51; 1984, c. 15, s. 74; 1986, c. 15, s. 61; 1990, c. 59, s. 143; 1994, c. 22, s. 140; 1995, c. 18, s. 90; 1995, c. 49, s. 236; 1998, c. 16, s. 110; 2003, c. 9, s. 22.

313.0.0.1. For the purposes of section 312.3, where an order, or any variation thereof, provides for the payment of an amount to a taxpayer or for the benefit of the taxpayer, a child in the taxpayer’s custody or both the taxpayer and a child in the taxpayer’s custody and the amount or any part thereof is paid by the Minister under the Act to facilitate the payment of support (chapter P-2.2) otherwise than out of the sums collected from the debtor of support, the amount or any part thereof, when paid, is deemed to have been receivable by the taxpayer under the order.

1998, c. 16, s. 111.

313.0.1. Where an amount, other than an amount that is otherwise a support amount, became payable in a taxation year by a person, in this section and in section 313.0.2 referred to as the “particular person”, under an order of a competent tribunal or under a written agreement, in respect of an expense incurred in the year or the preceding taxation year for the maintenance of a taxpayer described in the second paragraph, a child in the taxpayer’s custody or both the taxpayer and a child in the taxpayer’s custody and the order or agreement provides that subsection 2 of each of sections 56.1 and 60.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) apply to any amount paid or payable thereunder, the amount by which the aggregate of all amounts each of which is such an amount payable exceeds the amount determined under section 313.0.3 is, for the purposes of this chapter, deemed to be an amount payable to and receivable by the taxpayer as an allowance on a periodic basis, and the taxpayer is deemed to have discretion as to the use of that amount.

The taxpayer to whom the first paragraph refers is

(a)  the spouse or former spouse of the particular person; or

(b)  where the amount became payable under an order made by a competent tribunal in accordance with the laws of a province, the father or mother of a child of the particular person.

1986, c. 15, s. 61; 1990, c. 59, s. 143; 1994, c. 22, s. 140; 1995, c. 49, s. 236; 1998, c. 16, s. 112; 2002, c. 40, s. 31; 2003, c. 9, s. 23; 2009, c. 5, s. 112.

313.0.2. For the purposes of section 313.0.1, an expense does not include an expenditure in respect of a self-contained domestic establishment in which the particular person resides or an expenditure for the acquisition of corporeal property that is not an expenditure on account of a medical or educational expense or in respect of the acquisition, improvement or maintenance of a self-contained domestic establishment in which the taxpayer described in the second paragraph of that section 313.0.1 resides.

1986, c. 15, s. 61; 1990, c. 59, s. 143; 1994, c. 22, s. 140; 1998, c. 16, s. 112; 2005, c. 1, s. 86.

313.0.3. The amount referred to in the first paragraph of section 313.0.1 is the amount by which

(a)  the aggregate of all amounts each of which is an amount included in the aggregate determined under that paragraph in respect of the acquisition or improvement of a self-contained domestic establishment in which the taxpayer described in the second paragraph of that section 313.0.1 resides, including any payment of principal or interest in respect of a loan made or indebtedness incurred to finance, in any manner whatever, such acquisition or improvement; exceeds

(b)  the aggregate of all amounts each of which is an amount equal to 20% of the original principal amount of a loan or indebtedness described in paragraph a.

1986, c. 15, s. 61; 1990, c. 59, s. 144; 1994, c. 22, s. 141; 1998, c. 16, s. 112.

313.0.4. (Repealed).

1986, c. 15, s. 61; 1990, c. 59, s. 145.

313.0.5. For the purposes of this chapter, where a written agreement or order of a competent tribunal made at any time in a taxation year provides that an amount received before that time and in the year or the preceding taxation year is to be considered to have been paid and received thereunder, the following rules apply:

(a)  the amount is deemed to have been received thereunder;

(b)  the agreement or order is deemed, except for the purpose of this section, to have been made on the day on which the first such amount was received.

However, where the agreement or order is made after 30 April 1997 and varies a child support amount payable to the recipient from the last such amount received by the recipient before 1 May 1997, each varied amount of child support received under the agreement or order is deemed to have been receivable under an agreement or order the commencement day of which is the day on which the first payment of the varied amount is required to be made.

1986, c. 15, s. 61; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 113.

313.1. A taxpayer shall also include the amount of any grant received by him in the year under a prescribed program relating to home insulation or energy conversion or so received in the year by his spouse who resided with him at the time of payment and whose income for the year, determined without reference to this section, section 311.1 and paragraph d.1 of section 336, is less than the taxpayer’s income so determined for the year, to the extent that paragraph s of section 87 does not require the inclusion of such amount in computing the taxpayer’s income or that of his spouse for the year or a subsequent year, except where the taxpayer resided with his spouse at the time of payment and the taxpayer’s income for the year, determined without reference to this section, section 311.1 and paragraph d.1 of section 336, is less than the taxpayer’s spouse’s income so determined for the year.

1978, c. 26, s. 49; 1982, c. 5, s. 69; 1984, c. 15, s. 74; 1991, c. 25, s. 63; 1993, c. 16, s. 129; 1995, c. 1, s. 33; 1998, c. 16, s. 251.

313.2. (Repealed).

1986, c. 15, s. 62; 1989, c. 5, s. 58; 1993, c. 64, s. 28.

313.3. (Repealed).

1986, c. 15, s. 62; 1989, c. 5, s. 59; 1993, c. 64, s. 28.

313.4. A taxpayer shall also include every amount received by him as a benefit in the year out of or under a salary deferral arrangement in respect of another person except to the extent that the amount, or another amount that may reasonably be considered to relate thereto, has been included in computing the income of that other person for the year or for any preceding taxation year.

Notwithstanding the foregoing, the first paragraph does not apply to an amount received by or from a trust governed by a salary deferral arrangement.

1988, c. 18, s. 17.

313.5. A taxpayer shall also include any amount relating to a retirement compensation arrangement, to the extent provided in sections 890.9 and 890.10.

1989, c. 77, s. 27.

313.6. A taxpayer shall also include the value of benefits received or enjoyed by any person in the year in respect of a workshop, seminar, training program or any similar development program by reason of the taxpayer’s membership in a registered national arts service organization, in a recognized arts organization or in a registered cultural or communications organization.

1993, c. 16, s. 130; 1995, c. 1, s. 199; 1997, c. 14, s. 290; 2006, c. 36, s. 35.

313.7. There shall be included in computing an individual’s income for a taxation year during which the individual was not a bankrupt the amount deducted under section 346.1 in computing the individual’s income for the preceding taxation year.

1996, c. 39, s. 105.

313.8. There shall be included in computing a taxpayer’s income for a taxation year during which the taxpayer was not a bankrupt the amount deducted under section 346.4 in computing the taxpayer’s income for the preceding taxation year.

1996, c. 39, s. 105.

313.9. A taxpayer shall also include the aggregate of all amounts received in the year as consideration for the disposition by the taxpayer of a property, other than a property acquired by the taxpayer in circumstances to which section 527.3 or 617.1 applied, the cost of which was included in computing an amount determined under section 75.2.1 or 75.3 in respect of the taxpayer or in respect of a person with whom the taxpayer is not dealing at arm’s length, to the extent that the aggregate of those amounts received as consideration for the disposition of the property in the year or in a preceding taxation year exceeds the total of

(a)  the cost to the taxpayer of the property immediately before its disposition; and

(b)  the aggregate of all amounts included in respect of the disposition of the property under this section in computing the taxpayer’s income for a preceding taxation year.

2004, c. 8, s. 58; 2007, c. 12, s. 49.

313.10. An individual, other than a trust that is not a personal trust, shall also include in computing the individual’s income for a taxation year an amount equal to the amount by which the individual’s investment expense for the year exceeds the individual’s investment income for the year.

If the individual benefits for the year from the deduction provided for in any of sections 737.16, 737.18.10 and 737.18.34 in respect of an employment, the amount determined under the first paragraph must be determined with reference to the following rules:

(a)  in the case of the deduction provided for in section 737.16, any particular amount otherwise included in the investment expense or investment income of the individual for the year, to the extent that that particular amount is taken into account in computing an income realized, or a loss sustained, in a specified period of the individual established under the fourth paragraph of section 65 of the Act respecting international financial centres (chapter C-8.3), in relation to the employment, or is such an income or loss, is deemed to be equal to the product obtained by multiplying that particular amount by the amount by which 100% exceeds the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(b)  in the case of the deduction provided for in section 737.18.10, any particular amount otherwise included in the investment expense or investment income of the individual for the year, to the extent that that particular amount is taken into account in computing an income realized, or a loss sustained, in the individual’s exemption period, within the meaning of section 737.18.6, in relation to the employment, or is such an income or loss, is deemed to be equal to zero; and

(c)  in the case of the deduction provided for in section 737.18.34, any particular amount otherwise included in the investment expense or investment income of the individual for the year, to the extent that that particular amount is taken into account in computing an income realized, or a loss sustained, in a specified period of the individual, within the meaning of section 737.18.29, in relation to the employment, or is such an income or loss, is deemed to be equal to the product obtained by multiplying that particular amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period.

In this section, “investment expense” and “investment income” have the meaning assigned by section 336.5.

2005, c. 38, s. 68.

313.11. A taxpayer who is a transferee for the year, within the meaning of the first paragraph of section 336.8, shall also include any amount that is a split-retirement income for the year, determined in respect of the taxpayer for the purposes of Chapter II.1 of Title VI.

However, a taxpayer who dies in a taxation year shall include an amount under the first paragraph only in the fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the taxpayer’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

Similarly, a taxpayer who became a bankrupt during a calendar year shall include an amount under the first paragraph only in the fiscal return the taxpayer is required to file under this Part for the taxation year that is deemed, under section 779, to begin on the date of the bankruptcy.

2009, c. 5, s. 113; 2010, c. 25, s. 28.

CHAPTER III INDIRECT, DEFERRED AND OTHER PAYMENTS

1972, c. 23.

314. A payment or transfer to another person, according to the taxpayer’s instructions or with the taxpayer’s consent, of money, rights or property for the benefit of the taxpayer or for that of the other person, otherwise than by partition of a retirement pension pursuant to sections 158.3 to 158.8 of the Act respecting the Québec Pension Plan (chapter R-9) or any comparable provision of a similar plan, within the meaning of that Act, or of a prescribed provincial pension plan, is deemed received by the taxpayer and shall be included in computing the taxpayer’s income to the extent that it would be if the payment or transfer had been made to the taxpayer.

1972, c. 23, s. 288; 1972, c. 26, s. 43; 1989, c. 77, s. 28; 1995, c. 1, s. 34; 2001, c. 7, s. 42; 2009, c. 15, s. 77.

315. (Repealed).

1972, c. 23, s. 289; 1990, c. 59, s. 146.

316. A taxpayer who assigned or transferred before the end of a taxation year to a person with whom the taxpayer was not dealing at arm’s length at that time the right to an amount that would otherwise be included in computing the taxpayer’s income for the year shall include in computing the taxpayer’s income for that year the part of that amount that relates to the period in the year throughout which he was resident in Canada, unless the income is from property that the taxpayer also assigned or transferred or from the portion of a retirement pension partitioned under sections 158.3 to 158.8 of the Act respecting the Québec Pension Plan (chapter R-9) or any comparable provision of a similar plan, within the meaning of that Act.

1972, c. 23, s. 290; 1989, c. 77, s. 29; 1995, c. 1, s. 35; 1995, c. 49, s. 77.

316.1. Where a particular individual, other than a trust, or a trust of which the particular individual is a beneficiary, receives a loan from or becomes indebted to a creditor or creditor trust, directly or indirectly by means of a trust or by any other means, and it may reasonably be considered that one of the main reasons for making the loan or incurring the indebtedness is to reduce or avoid tax by causing income from the loaned property to be included in the income of the particular individual, the following rules apply:

(a)  any income of the particular individual, for a taxation year, from the loaned property that relates to the period or periods in the year throughout which the creditor or the creditor trust, as the case may be, is resident in Canada and the particular individual is not dealing at arm’s length with the creditor or the original transferor in respect of the creditor trust, as the case may be, is deemed to be income of the creditor or creditor trust, as the case may be, for that taxation year and not income of the particular individual;

(b)  where section 467 applies in respect of the loaned property and income therefrom is deemed to be income of the creditor trust and not income of the particular individual, as provided for in subparagraph a, section 467 shall be applied after the application of subparagraph a.

Subparagraph a of the first paragraph does not apply, in respect of such income of the individual

(a)  to the extent that sections 462.1 to 462.4 apply or would, but for section 462.16, apply to such income;

(b)  in the case of a creditor, to the extent that section 467 applies to such income;

(c)  in the case of a creditor trust,

i.  to the extent that subparagraph a of the first paragraph applies to such income in the case of a creditor;

ii.  to the extent that section 467 applies to such income otherwise than by reason of subparagraph b of the first paragraph.

In this section,

“beneficiary” of a trust means an individual who is beneficially interested in the trust;

“creditor”, in respect of a particular individual, or of a trust of which the particular individual is a beneficiary, having received a loan or incurred a debt, means the individual, other than a trust, who made the loan or became the creditor and with whom the particular individual does not deal at arm’s length;

“creditor trust”, in respect of a particular individual, or of a trust of which the particular individual is a beneficiary, having received a loan or incurred a debt, means the trust that made the loan or became the creditor and to which property has, directly or indirectly by means of a trust or by any other means, been transferred by another individual, in this section referred to as the “original transferor”, who is not a trust, who is resident in Canada at any time in the period during which the loan or indebtedness is outstanding and with whom the particular individual does not deal at arm’s length;

“loaned property”, in respect of a particular individual, or of a trust of which the particular individual is a beneficiary, having received a loan or incurred a debt, includes property that the loan or indebtedness enabled or assisted the particular individual, or the trust in which the particular individual is a beneficiary, to acquire, and property substituted for such property or for the loaned property.

1990, c. 59, s. 147; 1993, c. 16, s. 131; 1994, c. 22, s. 142; 1996, c. 39, s. 273.

316.2. Notwithstanding any other provision of this Act, section 316.1 does not apply to any income derived in a particular taxation year, in respect of a loan or indebtedness, where the following conditions are met:

(a)  interest is charged on the loan or indebtedness at a rate equal to or greater than the lesser of the following rates:

i.  the prescribed rate of interest in effect at the time the loan was made or the indebtedness was incurred, and

ii.  the rate that would, having regard to all the circumstances, have been agreed on, at the time the loan was made or the indebtedness was incurred, between parties dealing with each other at arm’s length;

(b)  the amount of interest that is payable in respect of the particular taxation year in respect of the loan or indebtedness is paid not later than 30 days after the end of the particular taxation year; and

(c)  the amount of interest that was payable in respect of each taxation year preceding the particular taxation year in respect of the loan or indebtedness was paid not later than 30 days after the end of each such taxation year.

1990, c. 59, s. 147; 1993, c. 16, s. 131.

316.3. For the purposes of section 316.1, where at any time a particular property is used to repay, in whole or in part, a loan or indebtedness that enabled or assisted an individual to acquire another property, there shall be included in computing the income from the particular property that proportion of the income or loss, as the case may be, derived after that time from the other property or from property substituted therefor that the amount so repaid is of the cost to the individual of the other property.

Notwithstanding the foregoing, nothing in this section shall affect the application of section 316.1 to any income or loss derived from the other property or from property substituted therefor.

1990, c. 59, s. 147; 1993, c. 16, s. 132.

316.4. Where, in connection with a qualified investment, within the meaning of paragraph d of section 965.29, made after 26 April 1990 by a Québec business investment company, within the meaning of paragraph f of the said section, in respect of any project, a benefit is extended in a taxation year to an individual who is or is about to become a shareholder thereof, or to a person related to the individual, by a party to the qualified investment, other than the Québec business investment company, or by a third person with an interest in the project, the amount of the benefit shall be included in computing the individual’s income for the year.

However, where the individual contemplated in the first paragraph is a trust governed by a registered retirement savings plan or a registered retirement income fund and the benefit is extended in the year to that individual, to the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be, under the plan or the fund, or to any other person related to the annuitant, the amount of the benefit shall be included in computing the annuitant’s income for the year.

1991, c. 8, s. 3.

316.5. This chapter does not apply to any amount that is included in computing an individual’s split income for a taxation year.

2001, c. 53, s. 55.

CHAPTER IV PENSIONS

1972, c. 23.

317. A taxpayer shall include any amount received by him as a pension benefit, including

(a)  the amount of any pension, supplement or allowance under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9) and the amount of any similar payment under a law of a province;

(b)  the amount of any benefit under the Act respecting the Québec Pension Plan (chapter R-9) and the amount of any similar plan within the meaning of paragraph u of section 1 of that Act;

(c)  the amount of any payment out of or under a prescribed provincial pension plan; and

(d)  the amount of any payment out of or under a foreign retirement arrangement established under the laws of a country, except to the extent that the amount would not, if the taxpayer were resident in the country, be subject to the income taxation in the country.

However, the amounts described in the first paragraph do not include

(a)  the portion of an amount received by the taxpayer out of or under an employee benefit plan that is required by section 47.1 to be included in computing the taxpayer’s income, or would be required to be so included if section 47.2 were construed without reference to the words “a return of amounts contributed to the plan by him or a deceased employee of whom he is a legatee by particular title or legal representative”;

(b)  the portion of an amount received out of or under a retirement compensation arrangement that is required by section 313.5, where it refers to an amount provided for in paragraph a or c of section 890.9, to be included in computing the taxpayer’s income; or

(c)  an amount received as a death benefit paid, after 9 May 1996, in accordance with section 168 of the Act respecting the Québec Pension Plan or a similar provision of any similar plan within the meaning of paragraph u of section 1 of that Act.

1972, c. 23, s. 291; 1975, c. 22, s. 58; 1978, c. 26, s. 50; 1982, c. 5, s. 70; 1984, c. 15, s. 75; 1985, c. 25, s. 56; 1989, c. 77, s. 30; 1993, c. 16, s. 133; 1997, c. 14, s. 59; 2000, c. 5, s. 293; 2001, c. 53, s. 56.

317.1. A taxpayer shall not include, by virtue of section 317, an amount that he may not, by reason of subsection 21 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), include in computing his income for the purposes of that Act.

1995, c. 49, s. 78.

317.2. An amount referred to in subparagraph c of the second paragraph of section 317 shall be included in computing the income of the succession of the contributor in respect of whom it is paid, for the taxation year in which it is paid, whether or not all or part of the amount was paid to a taxpayer other than the succession.

1997, c. 14, s. 60; 1998, c. 16, s. 251.

317.3. If an amount in respect of a foreign retirement arrangement is, as a result of a transaction, an event or a circumstance, considered to be distributed to an individual under the income tax laws of the country in which the arrangement is established, the amount is, for the purposes of subparagraph d of the first paragraph of section 317, deemed to be received by the individual as a payment out of the arrangement in the taxation year that includes the time of the transaction, event or circumstance.

2009, c. 5, s. 114.

318. Where a taxpayer receives a payment under a retirement plan to which he has contributed the investment income of which has already been exempted from taxation under the Income War Tax Act (Revised Statutes of Canada, 1927, chapter 97) by reason of an election of the trustee or corporation administering such plan, he may include in computing his income only the amount remaining after subtracting from the payment the greater of the following two proportions of the said payment:

(a)  that the aggregate of the amounts paid by him under the plan during the period of such exemption is to the aggregate of all the amounts paid by him under the plan, and

(b)  that the aggregate of the amounts so paid by him under the plan during the period of exemption with simple interest at 3% per annum computed from the end of the year of the payment of each sum so paid to the beginning of the payment of the pension benefit is to the aggregate of all the amounts paid by him under the plan with simple interest computed at the same rate and in the same manner.

1972, c. 23, s. 292; 1991, c. 25, s. 176; 1997, c. 3, s. 71.

319. Where the payment contemplated in section 318 has been received for a period for which the taxpayer has contributed only partially, the said section is applicable only to that part of the payment which may reasonably be regarded as having been received in respect of the part of the period for which he has contributed under the plan and the remainder must be included in computing his income for the year without any deduction.

1972, c. 23, s. 293; 1991, c. 25, s. 176.

320. A taxpayer who, between 15 August 1944 and 31 December 1945, made a contribution exceeding $300 under a registered retirement plan in respect of services rendered while he was not a contributor must include in computing his income the payment he receives under such plan after deducting the proportion of it that his contribution less $300 is of the aggregate of the amounts paid under such plan.

1972, c. 23, s. 294; 1973, c. 17, s. 34; 1991, c. 25, s. 176.

321. A person who receives a payment under a plan contemplated in section 318 or 320 pursuant to the death of the taxpayer must include in computing his income for the year only that part of such payment which would have been included under this chapter in computing the income of such taxpayer if he had received such amount under the plan.

1972, c. 23, s. 295.

CHAPTER V GOVERNMENT ANNUITIES AND LIKE ANNUITIES

1972, c. 23.

322. (1)  In determining the amount that shall be included in respect of payments he receives in a taxation year under contracts entered into before 26 May 1932 with the Government of Canada or under annuity contracts like those provided in the Government Annuities Act (Revised Statutes of Canada, 1970, chapter G-6), entered into before such date with the government of a province or a corporation incorporated or licensed to carry on an annuities business in Canada, the taxpayer may deduct from the aggregate of the amounts he has received the lesser of:

(a)  $5,000; and

(b)  the aggregate of the amounts that would have been received if such contracts had remained in force on the conditions existing immediately before 25 June 1940, without the exercise of any option or contractual right to increase the amount of the annuity by the payment of an additional sum or premium unless such additional sum or premium had been paid before such date.

(2)  The taxpayer may also deduct the lesser of $1,200 and the aggregate contemplated in paragraph b of subsection 1 if the contracts were entered into after 25 May 1932 and before 25 June 1940.

1972, c. 23, s. 296; 1997, c. 3, s. 71; 1997, c. 14, s. 61.

323. If the taxpayer is entitled to both deductions provided for in section 322, he shall not make a deduction under subsection 2 of section 322 if the amount deductible under subsection 1 of section 322 is $1,200 or more, but he may, if such deduction is less than $1,200, make a deduction computed as though subsection 2 of section 322 applied to all the contracts entered into before 25 June 1940.

1972, c. 23, s. 297.

324. The capital element of a payment of annuities, for the purposes of paragraph f of section 336, is computed in respect of what remains after deducting from the aggregate of the payments of annuities to which this chapter applies for a taxation year the deductions provided for by sections 322 and 323.

1972, c. 23, s. 298; 1998, c. 16, s. 251.

325. Where spouses have each received annuity payments in respect of which they may make a deduction under this chapter, the amount deductible may be computed as if their annuities belonged to a single person; it may be deducted by either of them or apportioned between them in such manner as may be agreed by them or, in case of disagreement, as the Minister may determine.

1972, c. 23, s. 299.

326. This chapter does not apply to an amount received out of or under a registered pension plan.

1972, c. 23, s. 300; 1991, c. 25, s. 64.

327. For the purposes of this chapter, an annuity is deemed to have been increased after 24 June 1940 if, since, the amount which is payable under the contract has been increased whether by higher periodic payments, by increasing the number of payments or otherwise.

1972, c. 23, s. 301.

CHAPTER VI RESOURCE PROPERTY

1972, c. 23.

328. (Repealed).

1975, c. 22, s. 59; 1986, c. 19, s. 59.

329. (Repealed).

1972, c. 23, s. 302; 1973, c. 18, s. 7; 1975, c. 22, s. 60; 1980, c. 13, s. 23; 1982, c. 5, s. 71; 1986, c. 19, s. 59.

329.1. (Repealed).

1982, c. 5, s. 71; 1986, c. 19, s. 59.

330. A taxpayer must include in computing his income for a taxation year:

(a)  the amount by which the portion of the proceeds from the disposition by the taxpayer of a foreign resource property that became receivable in the year exceeds the total of

i.  the aggregate of all amounts each of which is an outlay or expense made or incurred by the taxpayer for the purpose of making the disposition and that was not otherwise deductible for the purposes of this Part, and

ii.  where the property is a foreign resource property in relation to a country, the amount designated by the taxpayer in respect of the disposition in prescribed form filed with the taxpayer’s fiscal return under this Part for the year;

(b)  the amount deducted pursuant to sections 357 and 358 in computing his income for the preceding taxation year;

(c)  the amount by which the amount described in section 388 exceeds the total of

i.  the portion of the taxpayer’s foreign exploration and development expenses incurred before the time referred to in section 388, that was not deductible or was not deducted, as the case may be, in computing the taxpayer’s income for a preceding taxation year, and

ii.  the amount designated by the taxpayer in prescribed form filed with the taxpayer’s fiscal return under this Part for the year, not exceeding the portion of the amount described in section 388 for which the consideration given by the taxpayer was services rendered or property, other than a foreign resource property, transferred by the taxpayer, the original cost of which to the taxpayer having been primarily specified foreign exploration and development expenses in relation to a country, within the meaning of section 372.2, or foreign resource expenses in relation to a country;

(d)  the amount by which the aggregate of all amounts deducted under section 399 in computing his cumulative Canadian exploration expenses at the end of the year exceeds the total of the aggregate of all amounts included under section 398 in computing his cumulative Canadian exploration expenses at the end of the year and the aggregate determined under subparagraph i of paragraph a of section 418.31.1 in respect of the taxpayer for the year;

(e)  the amount by which the total of the aggregate of all amounts deducted under section 412 in computing his cumulative Canadian development expenses at the end of the year and the amount designated by him for the year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.2 of section 66 thereof exceeds the total of the aggregate of all amounts included under section 411 in computing his cumulative Canadian development expenses at the end of the year and the aggregate determined under subparagraph i of paragraph b of section 418.31.1 in respect of the taxpayer for the year;

(e.1)  the amount by which the aggregate of the amounts deducted under section 418.1.4 in computing the taxpayer’s cumulative foreign resource expense at the end of the year in relation to a country exceeds the total of

i.  the aggregate of the amounts included under section 418.1.3 in computing the taxpayer’s cumulative foreign resource expense at the end of the year in relation to that country, and

ii.  the aggregate determined for the year under paragraph a of section 418.32.2 in respect of the taxpayer and that country;

(f)  any amount contemplated in paragraph b of section 419.3; and

(g)  any amount contemplated in section 419.4.

1975, c. 22, s. 61; 1985, c. 25, s. 57; 1986, c. 19, s. 60; 1987, c. 67, s. 78; 1993, c. 16, s. 134; 2004, c. 8, s. 59.

330.1. The share of a member of a partnership of the amount that would, but for subparagraph ii of paragraph a of section 330 and paragraph d of section 600, be included under that paragraph a, in relation to the disposition of a foreign resource property, in computing the partnership’s income for a fiscal period of the partnership, is deemed to be the proceeds from the disposition by the member of the foreign resource property that became receivable by the member at the end of that fiscal period.

2004, c. 8, s. 60.

331. (Repealed).

1972, c. 23, s. 303; 1973, c. 18, s. 8; 1975, c. 22, s. 62; 1980, c. 13, s. 24; 1986, c. 19, s. 61.

332. (Repealed).

1972, c. 23, s. 304; 1975, c. 22, s. 63; 1980, c. 13, s. 25; 1986, c. 19, s. 61.

332.1. A taxpayer shall include in computing his income for a taxation year, the aggregate of

(a)  the amount obtained by applying the stated percentage to 33 1/3% of each amount that is described in section 332.1.1 and in respect of which the consideration given by him was a property, other than a share, depreciable property of a prescribed class or a Canadian resource property, or services the cost of which may reasonably be regarded as having been an expenditure that was added in computing the earned depletion base of the taxpayer or of a predecessor corporation where the taxpayer is a successor corporation to the predecessor;

(b)  the amount obtained by applying the stated percentage to 33 1/3% of each amount determined under section 332.2 in respect of a disposition of depreciable property of a prescribed class, other than a disposition of such property that had been used by the taxpayer to any person with whom the taxpayer was not dealing at arm’s length, of the taxpayer after 11 December 1979 and in the year, the capital cost of which was added in computing the earned depletion base of the taxpayer or of a person with whom he was not dealing at arm’s length or in computing the earned depletion base of a predecessor corporation where the taxpayer is a successor corporation to the predecessor;

(c)  33 1/3% of each amount determined under section 332.2 in respect of a disposition of depreciable property of a prescribed class that is bituminous sands equipment, other than a disposition of such property that had been used by the taxpayer to any person with whom the taxpayer was not dealing at arm’s length, of the taxpayer in the year but after 11 December 1979 and before 1 January 1990, the capital cost of which was added in computing the supplementary depletion base of the taxpayer or of a person with whom he was not dealing at arm’s length or in computing the supplementary depletion base of a predecessor corporation where the taxpayer is a successor corporation to the predecessor;

(d)  50% of each amount determined under section 332.2 in respect of a disposition of depreciable property of a prescribed class that is enhanced recovery equipment, other than a disposition of such property that had been used by the taxpayer to any person with whom the taxpayer was not dealing at arm’s length, of the taxpayer in the year but after 11 December 1979 and before 1 January 1990, the capital cost of which was added in computing the supplementary depletion base of the taxpayer or of a person with whom he was not dealing at arm’s length or in computing the supplementary depletion base of a predecessor corporation where the taxpayer is a successor corporation to the predecessor;

(e)  66 2/3% of each amount that became receivable by him in the year but after 11 December 1979 and before 1 January 1990 and in respect of which the consideration given by the taxpayer was a property, other than a share or a Canadian resource property, or services the cost of which may reasonably be regarded as having been an expenditure in connection with an oil or gas well in respect of which an amount was included in computing the taxpayer’s exploration base or in computing the exploration base of a predecessor corporation where the taxpayer is a successor corporation to the predecessor;

(f)  the amount obtained by applying the stated percentage to 33 1/3% of each amount that became receivable by him in the year but after 19 April 1983 and in respect of which the consideration given by him was a property, other than a share, depreciable property of a prescribed class or a Canadian resource property, or services the cost of which may reasonably be regarded as having been an expenditure that was added in computing the resource exploration base of the taxpayer or of a specified predecessor of the taxpayer;

(g)  the amount obtained by applying the stated percentage to 33 1/3% of each amount that became receivable by him in the year but after 31 December 1986 and in respect of which the consideration given by him was a property, other than a share, depreciable property of a prescribed class or a Canadian resource property, or services the cost of which may reasonably be regarded as having been an expenditure that was added in computing the oil and gas exploration base of the taxpayer or of a specified predecessor of the taxpayer.

1982, c. 5, s. 72; 1985, c. 25, s. 58; 1986, c. 15, s. 63; 1986, c. 19, s. 62; 1988, c. 18, s. 18; 1989, c. 77, s. 31; 1990, c. 59, s. 148; 1997, c. 3, s. 71; 1997, c. 14, s. 62.

332.1.1. For the purposes of paragraph a of section 332.1, an amount contemplated therein in respect of a taxpayer for a taxation year is

(a)  an amount that became receivable by the taxpayer in the year but after 31 December 1983 other than an amount that would have been a Canadian oil and gas exploration expense if it had been an expense incurred by him at the time it became receivable;

(b)  an amount that became receivable by the taxpayer in the year but after 31 December 1983, that would have been a Canadian oil and gas exploration expense described in paragraph b or b.1 of section 395 in respect of a qualified tertiary oil recovery project if it had been an expense incurred by him at the time it became receivable; or

(c)  an amount equal to 30% of an amount that became receivable by the taxpayer in the year but during the calendar year 1984 that would have been a Canadian oil and gas exploration expense, other than an expense described in paragraph b of section 395 in respect of a qualified tertiary oil recovery project, incurred in respect of non-conventional lands if it had been an expense incurred by him at the time it became receivable.

1986, c. 15, s. 64.

332.2. For the purposes of paragraph b, c or d of section 332.1, the amount in respect of a disposition of a property referred to therein is equal to the lesser of the capital cost of the property to the taxpayer, the person with whom he was not dealing at arm’s length or the predecessor, as the case may be, computed without reference to section 180 or 182, and the proceeds of disposition of the property.

1982, c. 5, s. 72; 1985, c. 25, s. 58.

332.3. For the purposes of sections 332.1 and 332.2 and this section,

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(b.1)  “stated percentage” means

i.  in respect of an amount described in paragraph a, f or g of section 332.1 that became receivable by a taxpayer,

(1)  100% where the amount became receivable before 1 July 1988,

(2)  50% where the amount became receivable after 30 June 1988 but before 1 January 1990, and

(3)  0% where the amount became receivable after 31 December 1989; and

ii.  in respect of the disposition described in paragraph b of section 332.1 of a depreciable property of a taxpayer,

(1)  100% where the property was disposed of before 1 July 1988,

(2)  50% where the property was disposed of after 30 June 1988 but before 1 January 1990; and

(3)  0% where the property was disposed of after 31 December 1989;

(c)  “specified predecessor” of a taxpayer means a person who is a predecessor of the taxpayer or of a person who is a specified predecessor of the taxpayer;

(d)  “successor corporation” means a corporation that has, after 7 November 1969, acquired, in any manner whatever, except pursuant to an amalgamation that is described in subsection 4 of section 544 or a winding-up to which the rules in sections 556 to 564.1 and 565 apply, from another person, in this section and in sections 332.1 and 332.2 referred to as the “predecessor corporation”, all or substantially all of the Canadian resource properties of the predecessor corporation in circumstances in which section 418.16, any of sections 418.18 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), applies to that corporation.

1982, c. 5, s. 72; 1985, c. 25, s. 58; 1986, c. 19, s. 63; 1989, c. 77, s. 32; 1990, c. 59, s. 149; 1997, c. 3, s. 24; 1998, c. 16, s. 251.

332.4. Notwithstanding paragraph b.1 of section 332.3, the stated percentage in respect of a particular amount that became receivable by a taxpayer within 60 days after 31 December 1989 and in respect of which the consideration given by him was a property or services shall be 50% where the person to whom the consideration was given is a corporation that, on or before 31 December 1989, had issued, or had undertaken to issue, a flow-through share and that renounces under section 359.8, effective on 31 December 1989, an amount in respect of Canadian exploration expenses that includes an expenditure in respect of that particular amount.

1990, c. 59, s. 150; 1997, c. 3, s. 71.

333. In this chapter, the expression “proceeds of disposition” has the meaning assigned by section 251.

Similarly, the expressions “exploration base”, “resource exploration base”, “oil and gas exploration base”, “supplementary depletion”, “earned depletion”, “Canadian oil and gas exploration expense”, “bituminous sands equipment”, “enhanced recovery equipment”, “qualified tertiary oil recovery project”, and “non-conventional lands” have, for the purposes of this chapter, the meaning assigned to them by regulation.

1975, c. 22, s. 64; 1982, c. 5, s. 73; 1985, c. 25, s. 59; 1986, c. 15, s. 65; 1988, c. 18, s. 19; 2003, c. 2, s. 108.

333.1. If in a particular taxation year proceeds of disposition, described in subparagraph iv of subparagraph f of the first paragraph of section 93, of any Canadian resource property are deemed, under section 280, to have become receivable by a taxpayer and the taxpayer makes a valid election under section 59.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to those proceeds, the taxpayer shall deduct in computing the taxpayer’s income for the year an amount equal to the least of

(a)  the aggregate of all such proceeds so becoming receivable by him in the year, to the extent that they have been included in the amount referred to in subparagraph i of paragraph b of section 412 or 418.6 in respect of the taxpayer;

(b)  the amount required to be included in computing the taxpayer’s income for the year by virtue of paragraph e of section 330;

(c)  the taxpayer’s income for the year computed without reference to this section or to sections 333.2 and 333.3;

(d)  the aggregate of the amount allowed as a deduction in computing the taxpayer’s income for the year for the purposes of the Income Tax Act under paragraph a of section 59.1 of that Act in relation to that election and, if the amount that is so allowed as a deduction is equal to the maximum amount that the taxpayer may claim as a deduction in that computation under that paragraph in relation to that election, the amount that the taxpayer designates in the taxpayer’s fiscal return filed under this Part for the year.

Chapter V.2 of Title II of Book I applies in relation to an election made under section 59.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1978, c. 26, s. 51; 1980, c. 13, s. 26; 1982, c. 5, s. 74; 1993, c. 16, s. 135; 2001, c. 53, s. 260; 2009, c. 5, s. 115.

333.2. A taxpayer shall include, in computing the taxpayer’s income for the taxation year in respect of which the taxpayer made the election referred to in the first paragraph of section 333.1, the amount by which the amount deducted under that section exceeds the aggregate of Canadian exploration expenses, Canadian development expenses and Canadian oil and gas property expenses that the taxpayer incurred in the taxpayer’s 10 taxation years that follow the year and that the taxpayer either designated before 20 December 2006 in accordance with this section, or designates after 19 December 2006 in accordance with subparagraph ii of paragraph b of section 59.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), except that, for the purposes of this paragraph, the expenses so designated after 19 December 2006 are to be adjusted, if applicable, in a manner that is satisfactory to the Minister to take into account the difference between the amount allowed as a deduction in computing the taxpayer’s income for the year for the purposes of that Act under paragraph a of section 59.1 of that Act and the amount deducted under section 333.1.

Despite sections 1010 to 1011, the Minister shall make a reassessment to redetermine the tax, interest and penalties to be paid by the taxpayer under this Part as is required in respect of any taxation year to give effect to the inclusion referred to in the first paragraph.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subparagraph ii of paragraph b of section 59.1 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1978, c. 26, s. 51; 1982, c. 5, s. 75; 2009, c. 5, s. 116.

333.3. Canadian exploration expenses, Canadian development expenses and Canadian oil and gas property expenses incurred by a taxpayer in a taxation year and referred to in the first paragraph of section 333.2 are deemed not to be such expenses, except for the purposes of sections 386, 387, 391, 392 and 392.1 and for the purpose of computing the taxpayer’s earned depletion base within the meaning of the regulations made under section 360.

1978, c. 26, s. 51; 1982, c. 5, s. 76; 2009, c. 5, s. 116.

CHAPTER VII RESTRICTIVE COVENANTS

2009, c. 5, s. 117.

333.4. In this chapter,

“eligible corporation”, of a taxpayer, means a taxable Canadian corporation of which,

(a)  the taxpayer holds, directly or indirectly, shares of the capital stock; and

(b)  individuals with whom the taxpayer does not deal at arm’s length, determined without reference to paragraph b of section 20, hold in total, directly or indirectly, less than 10% of the issued and outstanding share capital which holdings have a total fair market value of less than 10% of the fair market value of all of the issued and outstanding shares of the capital stock of that taxable Canadian corporation;

“eligible interest”, of a taxpayer, means capital property of the taxpayer that is

(a)  a partnership interest in a partnership that carries on a business;

(b)  a share of the capital stock of a corporation that carries on a business; or

(c)  a share of the capital stock of a corporation 90% or more of the fair market value of which is attributable to eligible interests in another corporation;

“goodwill amount”, of a taxpayer, means an amount received or receivable by the taxpayer as consideration for the disposition by the taxpayer of goodwill, and that is required to be included in the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of a business carried on by the taxpayer through an establishment located in Canada;

“restrictive covenant”, of a taxpayer, means an agreement entered into, an undertaking made, or a waiver of an advantage or right by the taxpayer, other than an agreement or undertaking for the disposition of the taxpayer’s property or—unless the obligation being satisfied is in respect of a right to property or services that the taxpayer acquired for less than its fair market value—for the satisfaction of an obligation described in section 298.1 that is not a disposition, whether legally enforceable or not, that affects, or is intended to affect, in any way whatever, the acquisition or provision of property or services by the taxpayer or by another taxpayer that does not deal at arm’s length with the taxpayer;

“taxpayer” includes a partnership.

2009, c. 5, s. 117.

333.5. A taxpayer shall include, in computing the taxpayer’s income for a taxation year, the aggregate of all amounts each of which is an amount in respect of a restrictive covenant of the taxpayer that is received or receivable in the year by the taxpayer or by a taxpayer with whom the taxpayer does not deal at arm’s length, other than an amount that has been included in computing the taxpayer’s income under this section for a preceding taxation year or the taxpayer’s eligible corporation’s income under this section for the year or a preceding taxation year.

If the first paragraph applies to include, in computing a taxpayer’s income, an amount received or receivable by another taxpayer, the amount must not be included in computing the other taxpayer’s income.

2009, c. 5, s. 117.

333.6. Section 333.5 does not apply to an amount received or receivable by a particular taxpayer in a taxation year in respect of a restrictive covenant granted by the particular taxpayer to another taxpayer (in this section and section 333.7 referred to as the “purchaser”) with whom the particular taxpayer deals at arm’s length, determined without reference to paragraph b of section 20, if

(a)  the amount has been included in computing the particular taxpayer’s income for the year under sections 32 to 47.17 or would have been so included in computing the particular taxpayer’s income if the amount had been received in the year;

(b)  the amount would, but for this chapter, be required to be included in the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of a business to which the restrictive covenant relates, and the particular taxpayer elects or, if the amount is payable by the purchaser in respect of a business carried on in Canada by the purchaser, the particular taxpayer and the purchaser jointly elect, in the prescribed form to have this paragraph apply in respect of the amount; or

(c)  subject to section 333.12, the amount directly relates to the particular taxpayer’s disposition of property that is, at the time of the disposition, an eligible interest in the partnership or corporation that carries on the business to which the restrictive covenant relates, or that is at that time an eligible interest under paragraph c of the definition of “eligible interest” in section 333.4 if the other corporation referred to in that paragraph carries on the business to which the restrictive covenant relates, and

i.  the disposition is to the purchaser or to a person related to the purchaser,

ii.  the amount is consideration for an undertaking by the particular taxpayer not to provide, directly or indirectly, property or services in competition with the property or services provided or to be provided by the purchaser or by a person related to the purchaser,

iii.  the restrictive covenant may reasonably be considered to have been granted to maintain or preserve the value of the eligible interest disposed of to the purchaser,

iv.  if the restrictive covenant is granted after 17 July 2005, section 506 does not apply to the disposition,

v.  neither sections 518 to 533 nor the second paragraph of section 614 applies to the disposition of the eligible interest by the particular taxpayer,

vi.  the amount is added to the particular taxpayer’s proceeds of disposition, within the meaning assigned by section 251, for the purpose of applying this Part to the disposition of the particular taxpayer’s eligible interest, and

vii.  the particular taxpayer and the purchaser elect in the prescribed form to have this paragraph apply in respect of the amount.

2009, c. 5, s. 117.

333.7. An amount paid or payable by a purchaser for a restrictive covenant is

(a)  if the amount is required because of sections 32 to 47.17 to be included in computing the income of an employee of the purchaser, to be considered to be wages paid or payable by the purchaser to the employee;

(b)  if an election has been made under paragraph b of section 333.6 in respect of the amount, to be considered to be incurred by the purchaser on account of capital for the purposes of section 106 and not to be an amount paid or payable for the purposes of the other provisions of this Part; and

(c)  if an election has been made under paragraph c of section 333.6, in respect of the amount and the amount relates to the purchaser’s acquisition of property that is, immediately after the acquisition, an eligible interest of the purchaser, to be included in computing the cost to the purchaser of that eligible interest and considered not to be an amount paid or payable for the purposes of the other provisions of this Part.

2009, c. 5, s. 117.

333.8. Section 421 does not apply to deem consideration to be an amount received or receivable by an individual for a restrictive covenant granted by the individual if

(a)  the restrictive covenant is granted by the individual to another taxpayer (in this section referred to as the “purchaser”) with whom the individual deals at arm’s length;

(b)  the restrictive covenant directly relates to the acquisition from one or more other persons (in this section and section 333.10 referred to as the “vendors”) by the purchaser of an interest in the individual’s employer, in a corporation related to that employer or in a business carried on by that employer;

(c)  the individual deals at arm’s length with the employer and with the vendors;

(d)  the restrictive covenant is an undertaking by the individual not to provide, directly or indirectly, property or services in competition with property or services provided or to be provided by the purchaser or by a person related to the purchaser in the course of carrying on the business to which the restrictive covenant relates;

(e)  no proceeds are received or receivable by the individual for granting the restrictive covenant; and

(f)  the amount that can reasonably be regarded as being the consideration for the restrictive covenant is received or receivable only by the vendors.

2009, c. 5, s. 117.

333.9. Subject to section 333.13, section 421 does not apply to deem consideration to be an amount received or receivable by a taxpayer (in this section referred to as the “vendor”) for a restrictive covenant granted by the taxpayer if

(a)  the restrictive covenant is granted by the vendor to another taxpayer (in this section referred to as the “purchaser”) with whom the vendor deals at arm’s length;

(b)  the restrictive covenant is an undertaking of the vendor not to provide, directly or indirectly, property or services in competition with the property or services provided or to be provided by the purchaser or by a person related to the purchaser in the course of carrying on the business to which the restrictive covenant relates;

(c)  no proceeds are received or receivable by the vendor for granting the restrictive covenant;

(d)  the amount that can reasonably be regarded as being the consideration for the restrictive covenant is

i.  included by the vendor in computing a goodwill amount of the vendor, or

ii.  received or receivable by a corporation that was an eligible corporation of the vendor when the restrictive covenant was granted and included by the eligible corporation in computing a goodwill amount of the eligible corporation in respect of the business to which the restrictive covenant relates;

(e)  the restrictive covenant can reasonably be regarded to have been granted to maintain or preserve the value of goodwill acquired by the purchaser from the vendor or from the vendor’s eligible corporation;

(f)  neither sections 518 to 533 nor the second paragraph of section 614 applies to the disposition of the goodwill by the vendor or the vendor’s eligible corporation;

(g)  no portion of the amount of consideration that can reasonably be regarded as being in part the consideration for the restrictive covenant is received or receivable, directly or indirectly in any manner whatever, by an individual (in this section and section 333.11 referred to as the “non arm’s length individual”) with whom the vendor does not deal at arm’s length or by another taxpayer in which the non arm’s length individual holds, directly or indirectly, an interest; and

(h)  the vendor and the purchaser or, if subparagraph ii of paragraph d applies, the vendor, the eligible corporation and the purchaser, jointly so elect in the prescribed form.

2009, c. 5, s. 117.

333.10. Subject to section 333.13, section 421 does not apply to deem consideration to be an amount received or receivable by a taxpayer (in this section referred to as the “vendor”) for a restrictive covenant granted by the taxpayer if

(a)  the restrictive covenant is granted by the vendor to another taxpayer (in this section and section 333.11 referred to as the “purchaser”) with whom the vendor deals at arm’s length, determined without reference to paragraph b of section 20;

(b)  the restrictive covenant is an undertaking of the vendor not to provide, directly or indirectly, property or services in competition with the property or services provided or to be provided by the purchaser or by a person related to the purchaser in the course of carrying on the business to which the restrictive covenant relates;

(c)  it is reasonable to conclude that the restrictive covenant is an integral part of an agreement in writing

i.  under which the vendor disposes of a property, other than a property to which subparagraph ii applies, to the purchaser for consideration that is received or receivable by the vendor, or

ii.  under which shares of the capital stock of a corporation (in this section and section 333.11 referred to as the “target corporation”) are disposed of to the purchaser;

(d)  if subparagraph i of paragraph c applies, the consideration that can reasonably be regarded as being in part the consideration for the restrictive covenant is received or receivable by the vendor as consideration for the disposition of the property;

(e)  if subparagraph ii of paragraph c applies, no portion of the amount of consideration that can reasonably be regarded as being in part the consideration for the restrictive covenant is received or receivable, directly or indirectly, in any manner whatever, by an individual (in this section and section 333.11 referred to as the “non arm’s length individual”) with whom the vendor does not deal at arm’s length or by another taxpayer in which the non arm’s length individual holds, directly or indirectly, an interest;

(f)  section 506 does not apply to the disposition;

(g)  neither sections 518 to 533 nor the second paragraph of section 614 applies to the disposition; and

(h)  the restrictive covenant can reasonably be regarded to have been granted to maintain or preserve the fair market value of the vendor’s property disposed of to the purchaser or of the shares of the target corporation disposed of to the purchaser.

2009, c. 5, s. 117.

333.11. If section 333.9 or 333.10 does not apply to a taxpayer’s grant of a restrictive covenant solely because the condition in paragraph g of section 333.9 or in paragraph e of section 333.10 has not been satisfied, the following rules apply:

(a)  to the extent that the consideration that can reasonably be regarded as being in part the consideration for the restrictive covenant granted by the taxpayer is received or receivable by one or more non arm’s length individuals and taxpayers in which one or more non arm’s length individuals hold, directly or indirectly, an interest (in this section referred to as the “allocable portion”), section 421 applies only to that allocable portion;

(b)  a joint election may be filed in the prescribed form by the taxpayer and each of the non arm’s length individuals and other taxpayers referred to in paragraph a to deem the portion of the allocable portion that would otherwise be considered by section 421 to be received or receivable in a taxation year by the taxpayer for granting the restrictive covenant to be received or receivable in the taxation year by the taxpayer as a goodwill amount, if the condition in paragraph g of section 333.9 has not been satisfied, or as proceeds of disposition from the disposition of capital property, if the condition in paragraph e of section 333.10 has not been satisfied;

(c)  if paragraph b applies to deem consideration to be received or receivable in a taxation year by the taxpayer, except for the purposes of this section, that consideration is considered not to be received or receivable by each of the non arm’s length individuals and other taxpayers who make the joint election with the taxpayer;

(d)  if paragraph b applies to deem consideration to be received or receivable in a taxation year by the taxpayer and the consideration is actually received or receivable by another taxpayer referred to in that paragraph that is a corporation, partnership or trust, that consideration is deemed to have been received by the corporation, partnership or trust, as the case may be, as a mandatary of the taxpayer if it is transferred to the taxpayer within 180 days from the date of receipt; and

(e)  the expense incurred by the purchaser for the goodwill amount referred to in section 333.9 or the cost of the shares of the target corporation referred to in section 333.10 does not differ from the amount that those amounts would have been if section 333.9 or 333.10 had applied to all of the consideration paid or payable by the purchaser to the non arm’s length individuals and other taxpayers referred to in paragraph b for the goodwill amount or capital stock of the target corporation.

2009, c. 5, s. 117.

333.12. Paragraph c of section 333.6 does not apply to an amount that would, but for sections 333.5 to 333.16, be included in computing a taxpayer’s income from a source that is an office or employment or a business or property under paragraph a of section 28.

2009, c. 5, s. 117.

333.13. Sections 333.9 to 333.11 do not apply in respect of a taxpayer’s grant of a restrictive covenant if one of the results of not applying section 421 to the consideration received or receivable in respect of the restrictive covenant would be that paragraph a of section 28 would not apply to consideration that would, but for sections 333.5 to 333.16, be included in computing a taxpayer’s income from a source that is an office or employment or a business or property.

2009, c. 5, s. 117.

333.14. If any of sections 333.8 to 333.10 applies in respect of a restrictive covenant granted by a taxpayer,

(a)  the amount referred to in paragraph f of section 333.8 is to be added in computing the amount received or receivable by the vendors as consideration for the disposition of the interest referred to in paragraph b of section 333.8;

(b)  the amount that could reasonably be regarded as consideration referred to in subparagraph i or ii of paragraph d of section 333.9 is to be added in computing

i.  the amount that is to be included in computing the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of a business carried on by the vendor through an establishment located in Canada, or

ii.  the amount that is to be included in computing the aggregate determined under subparagraph b of the second paragraph of section 107 in respect of a business carried on by the eligible corporation through an establishment located in Canada; and

(c)  the amount that can reasonably be regarded as being in part the consideration for a restrictive covenant received or receivable to which section 333.10 applies is to be added in computing the consideration,

i.  if subparagraph i of paragraph c of section 333.10 applies, that is received or receivable by the vendor from the disposition of the property, and

ii.  if subparagraph ii of paragraph c of section 333.10 applies, that is received or receivable by each taxpayer who disposes of shares of the target corporation to the extent that consideration is received or receivable by each such taxpayer.

2009, c. 5, s. 117.

333.15. For the purposes of paragraphs b and c of section 333.6, paragraph h of section 333.9 and paragraph b of section 333.11, an election made in the prescribed form must include a copy of the restrictive covenant and be filed with the Minister,

(a)  if the person who granted the restrictive covenant is a person resident in Canada when the restrictive covenant was granted, by the person on or before the person’s filing-due date for the taxation year that includes the day on which the restrictive covenant was granted; and

(b)  in any other case, on or before the day that is six months after the day on which the restrictive covenant was granted.

2009, c. 5, s. 117.

333.16. Section 270 does not apply to an amount received or receivable as consideration for a restrictive covenant.

2009, c. 5, s. 117.

TITLE VI DEDUCTIONS IN COMPUTING INCOME

1972, c. 23.

CHAPTER I RULES OF APPLICATION

1972, c. 23.

334. A taxpayer may deduct, in computing his income for a taxation year, the amounts provided in this Title.

1972, c. 23, s. 305.

334.1. (Repealed).

1995, c. 1, s. 36; 1997, c. 85, s. 63.

335. If an individual is, throughout all or part of a taxation year, absent from Canada but resident in Québec and Chapter IX.0.1 applies in respect of the individual for the year or that part of the year, section 358.0.1 shall be read without reference in subparagraphs 9 and 10 of subparagraph ii of subparagraph a of its second paragraph to “in Canada” and without reference in its third paragraph to “, including, if the payee is an individual referred to in subparagraph 10 of subparagraph ii of that subparagraph a, the Social Insurance Number of the latter individual”, if the expenses referred to therein have been paid to a person not resident in Canada.

1977, c. 26, s. 29; 1985, c. 25, s. 60; 1986, c. 15, s. 66; 1986, c. 19, s. 64; 1991, c. 25, s. 65; 1995, c. 1, s. 37; 1997, c. 85, s. 64; 2001, c. 53, s. 57; 2003, c. 2, s. 109; 2005, c. 38, s. 69.

CHAPTER II MISCELLANEOUS CASES

1972, c. 23.

336. The amounts referred to in section 334 include

(a)  (paragraph repealed);

(a.0.1)  (paragraph repealed);

(a.1)  (paragraph repealed);

(b)  (paragraph repealed);

(b.0.1)  (paragraph repealed);

(b.1)  (paragraph repealed);

(c)  an amount equal to annual interest accruing within the taxation year in respect of succession duties, inheritance taxes or estate taxes;

(d)  an amount described in any of paragraphs a, c, c.1 and e to e.6 of section 311 or in section 311.1 or 311.2, the amount of any pension, supplement or allowance paid under the Old Age Security Act (R.S.C. 1985, c. O-9) or the amount of any benefit paid under the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan within the meaning of that Act, received by an individual and included in computing the individual’s income for the year or a preceding taxation year, to the extent of the amount repaid by the individual in the year otherwise than because of Part VII of the Unemployment Insurance Act (R.S.C. 1985, c. U-1), Part VII of the Employment Insurance Act (S.C. 1996, c. 23) or Part I.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), except if the tax, interest and penalties that may reasonably be attributed to that amount have been remitted under section 94.0.4 of the Act respecting the Ministère du Revenu (chapter M-31);

(d.1)  any amount the taxpayer is required to pay on or before 30 April of the following year as a benefit repayment under Part VII of the Unemployment Insurance Act or Part VII of the Employment Insurance Act, to the extent that the amount was not deductible in computing the taxpayer’s income for any preceding taxation year;

(d.1.1)  an amount repaid by the taxpayer in the year as a consequence of the application of section 89 of the Individual and Family Assistance Act (chapter A-13.1.1), section 110 of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), section 37 of the Act respecting income security (chapter S-3.1.1) or a similar provision of a law of a province other than Québec, to the extent that the amount has been included, under section 311.1, in computing the income of another person for the year or a preceding taxation year, except if the tax, interest and penalties that may reasonably be attributed to that amount have been remitted under section 94.0.4 of the Act respecting the Ministère du Revenu;

(d.2)  an amount repaid by the taxpayer in the year pursuant to section 90 of the Individual and Family Assistance Act, section 102 of the Act respecting income support, employment assistance and social solidarity, section 35 of the Act respecting income security or a similar provision of a law of a province other than Québec, to the extent that the amount has been included, under section 311.1, in computing the taxpayer’s income for the year or a preceding taxation year, except if the tax, interest and penalties that may reasonably be attributed to that amount have been remitted under section 94.0.4 of the Act respecting the Ministère du Revenu;

(d.2.1)  the aggregate of all amounts each of which is an amount paid by the taxpayer in the year as a consequence of the application of section 1129.66.3 in relation to an amount that was included in computing the taxpayer’s income because of section 904 for the year or for a preceding taxation year;

(d.3)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer as a repayment, under the Canada Education Savings Act (S.C. 2004, c. 26) or under a program administered pursuant to an agreement entered into under section 12 of that Act, of an amount included because of section 904 in computing the taxpayer’s income for the year or a preceding taxation year;

(d.3.0.1)  the aggregate of all amounts each of which is an amount paid in the year as a repayment under the federal Apprenticeship Incentive Grant program of an amount that was included in computing the taxpayer’s income because of paragraph i of section 312 for the year or a preceding taxation year;

(d.3.1)  an amount paid in the year by the taxpayer as a repayment of an amount included in computing the taxpayer’s income for the year or a preceding taxation year under paragraph k.0.1 of section 311;

(d.4)  an amount paid in the year by the taxpayer as fees or expenses incurred for the review, under section 1029.8.61.39, or the contestation, under section 1029.8.61.41, of a decision of the Régie des rentes du Québec;

(e)  an amount paid in the year by the taxpayer as fees or expenses incurred for preparing, presenting or proceeding with an objection or appeal relating to

i.  an assessment of tax, interest or penalties under this Act, a similar Act of Canada or of a province other than Québec,

ii.  an assessment of any income tax deductible by the taxpayer under sections 772.2 to 772.13 or any interest or penalty with respect thereto,

iii.  an assessment or a decision under the Act respecting the Québec Pension Plan or an equivalent plan within the meaning of the said Act,

iv.  a decision of the Canada Employment and Immigration Commission, the Canada Employment and Insurance Commission, a board of referees or an umpire under the Unemployment Insurance Act or the Employment Insurance Act,

v.  an assessment under the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5),

vi.  a decision under the Act respecting property tax refund (chapter R-20.1),

vii.  a notice under the Act respecting municipal taxation (chapter F-2.1),

viii.  a request for payment under the Land Transfer Duties Act (chapter D-17),

ix.  a decision under the housing allowance program for the elderly adopted under the Act respecting the Société d’habitation du Québec (chapter S-8),

x.  an assessment under Chapter III.1 of the Act respecting labour standards (chapter N-1.1), or

xi.  an assessment under the Act to promote workforce skills development and recognition (chapter D-8.3);

xii.  an assessment or a decision under the Act respecting parental insurance (chapter A-29.011);

(e.1)  an amount equal to the amount by which the lesser of the following amounts exceeds the portion of the aggregate described in subparagraph i in respect of the taxpayer that may reasonably be considered to have been deductible under this paragraph in computing the taxpayer’s income for a preceding taxation year:

i.  the aggregate of the judicial or extrajudicial expenses, other than those relating to a partition or settlement of property arising out of, or on the breakdown of, a marriage, paid by the taxpayer in the year or any of the seven preceding taxation years to collect or establish a right to an amount of a benefit under a pension plan, other than a benefit under the Act respecting the Québec Pension Plan or a similar plan, within the meaning of the said Act, in respect of the employment of the taxpayer or a deceased individual of whom the taxpayer was a dependent, legal representative or relation, or a retiring allowance of the taxpayer or a deceased individual of whom the taxpayer was a dependent, legal representative or relation, and

ii.  the amount by which the aggregate of all amounts each of which is a benefit or retiring allowance described in subparagraph i that is received after 31 December 1985, in respect of which judicial or extrajudicial expenses described in the said subparagraph i were paid, and that is included in computing the taxpayer’s income for the year or a preceding taxation year, or an amount included in computing the taxpayer’s income under paragraph f.1 of section 312 for the year or a preceding taxation year, exceeds the aggregate of all amounts each of which is an amount deducted under paragraphs d, d.0.1, d.1 and d.2 of section 339 in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the latter amount may reasonably be considered to have been deductible as a consequence of the receipt of an amount that is a benefit or retiring allowance referred to in this subparagraph;

(f)  in the case of an annuity payment included under paragraph c of section 312 in computing the taxpayer’s income for the year, the capital element corresponding

i.  to the amount determined in the manner prescribed as representing a capital return, if the annuity is of a contractual nature, and

ii.  if the annuity is paid under a provision of a will or trust, to the portion of the payment not derived from the income of the succession or trust, the burden of proof being on the annuitant;

(g)  in the case of an individual, an amount paid by him in the year to a person with whom he was dealing at arm’s length if

i.  such amount has been included in computing his income for the year or a preceding taxation year as an amount contemplated in paragraph g or h of section 312 paid to him by such person,

ii.  at the time the amount was paid by such person to the individual, a condition was stipulated for the individual to fulfil,

iii.  as a result of the failure of the individual to fulfil the condition, he was required to repay the amount to such person,

iv.  during the period for which the amount referred to in subparagraph i was paid, the individual provided no services to such person as an employee, except occasionally, and

v.  such amount was paid to the individual for the purpose of enabling him to further his education;

(h)  (paragraph repealed);

(i)  the aggregate of repayments made by the taxpayer in the year in respect of a policy loan, within the meaning of paragraph a.1.1 of section 966, made under a life insurance policy, not exceeding the amount by which the aggregate of all amounts required by section 968 and by reason of such policy loan made after 31 March 1978 in respect of that policy to be included in computing the taxpayer’s income for the year or a preceding taxation year exceeds the aggregate of all repayments made by the taxpayer in respect of a policy loan that were deductible in computing the taxpayer’s income for a preceding taxation year;

(j)  the amount of tax payable by the taxpayer for the year under Part I.2 of the Income Tax Act;

(k)  an amount paid by an individual before the end of the year as interest or repayment of the principal relating to a loan granted, in respect of a program of studies, under a prescribed assistance program, to the extent that the amount has not been deducted in computing his income for a preceding taxation year and does not exceed the amount by which the amount of the loan reconciled in accordance with the assistance program exceeds the aggregate of all amounts each of which is an amount deducted under this paragraph in computing his income for any such year, and provided that

i.  the individual has obtained a diploma attesting to the successful completion of the program of studies and has filed a copy of it with the financial institution designated for the purposes of the assistance program before the end of the year and on or before the second anniversary of the expected completion of the studies related to the assistance program,

ii.  the amount is paid after the tenth working day, within the meaning assigned by the assistance program, after the Friday of the week during which the studies related to the assistance program were completed, and

iii.  the amount is paid on or before the tenth anniversary of the signature of the loan repayment agreement provided for in the assistance program;

(l)  the debts owing to a taxpayer that the taxpayer establishes to have become bad debts in the year in respect of an amount included in computing the taxpayer’s income for a preceding taxation year because of the application of section 35.1 or 333.5.

1972, c. 23, s. 306; 1973, c. 18, s. 9; 1974, c. 18, s. 17; 1975, c. 21, s. 9; 1978, c. 26, s. 52; 1979, c. 18, s. 25; 1980, c. 13, s. 27; 1982, c. 5, s. 77; 1982, c. 17, s. 52; 1982, c. 56, s. 11; 1984, c. 15, s. 76; 1985, c. 25, s. 61; 1986, c. 15, s. 67; 1986, c. 19, s. 65; 1990, c. 59, s. 151; 1991, c. 25, s. 66; 1992, c. 1, s. 30; 1993, c. 15, s. 95; 1993, c. 16, s. 136; 1993, c. 19, s. 21; 1993, c. 64, s. 29; 1994, c. 22, s. 143; 1995, c. 1, s. 38; 1995, c. 18, s. 91; 1995, c. 49, s. 79; 1995, c. 63, s. 36; 1997, c. 14, s. 63; 1997, c. 31, s. 45; 1997, c. 63, s. 110; 1997, c. 85, s. 65; 1998, c. 16, s. 114; 1999, c. 40, s. 258; 1999, c. 89, s. 53; 2000, c. 5, s. 87; 2000, c. 39, s. 21; 2001, c. 51, s. 36; 2001, c. 53, s. 58; 2002, c. 40, s. 32; 2004, c. 21, s. 74; 2005, c. 1, s. 87; 2005, c. 38, s. 70; 2006, c. 13, s. 38; 2007, c. 3, s. 68; 2007, c. 12, s. 50; 2009, c. 5, s. 118; 2009, c. 15, s. 78; 2010, c. 5, s. 37.

336.0.1. (Repealed).

1990, c. 59, s. 152; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 115.

336.0.2. In this chapter,

“child support amount” means any support amount that is not identified in the agreement or order under which it is payable as being solely for the support of a recipient who is a spouse or former spouse of the payer or who is the father or mother of a child of the payer;

“commencement day” in respect of an agreement or order has the meaning assigned by the first paragraph of section 312.3;

“support amount” means, subject to the second paragraph and except for the purposes of subparagraphs a to b of the first paragraph of section 336.0.5, an amount payable as an allowance on a periodic basis for the maintenance of the recipient, a child of the recipient or both the recipient and a child of the recipient, if the recipient has discretion as to the use of the amount, and

(a)  the recipient is the spouse or former spouse of the payer, the recipient and payer are living separate and apart because of the breakdown of their marriage and the amount is payable under an order of a competent tribunal or under a written agreement; or

(b)  the payer is the father or mother of a child of the recipient and the amount is payable under an order made by a competent tribunal in accordance with the laws of a province.

For the purposes of the definition of “support amount” in the first paragraph, the following rules apply:

(a)  a support amount does not include an amount described in that definition that, if paid and received, would be so under a decree, order or judgment of a competent tribunal, or under a written agreement, that does not have a commencement day, and would not be required to be included in computing the income of the recipient of the amount if

i.  paragraphs a to b.1 of section 312, as they applied before being struck out, applied in respect of an amount received after 31 December 1996 and were read without reference to the words “and throughout the remainder of the year”, and

ii.  section 312.4 were disregarded; and

(b)  the portion of that definition before paragraph a shall be read without reference to the words “the recipient has discretion as to the use of the amount, and”, where it applies in respect of an amount payable under a decree, order or judgment of a competent tribunal, or under a written agreement, made after 27 March 1986 and before 1  January 1988.

1998, c. 16, s. 116; 2000, c. 5, s. 88; 2005, c. 1, s. 88.

336.0.3. A taxpayer may, in computing the income of the taxpayer for a taxation year, deduct the aggregate of all amounts each of which is an amount determined by the formula

A − (B + C).

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is a support amount paid after 31 December 1996 and before the end of the year by the taxpayer to a particular person, where the taxpayer and the particular person were living separate and apart at the time the amount was paid;

(b)  B is the aggregate of all amounts each of which is a child support amount that became payable by the taxpayer to the particular person under an agreement or order on or after the commencement day and before the end of the year in respect of a period that began on or after the commencement day; and

(c)  C is the aggregate of all amounts each of which is a support amount paid by the taxpayer to the particular person after 31 December 1996 and deductible in computing the taxpayer’s income for a preceding taxation year.

The first and second paragraphs do not apply in respect of an amount paid pursuant to an order or a written agreement made before 16 June 1999 where, but for the amendments made to subparagraph a of the first paragraph of section 2.2.1 by section 14 of the Act to amend various legislative provisions concerning de facto spouses (1999, chapter 14), this section would not have applied in respect of that amount, except if

(a)  subparagraph a of the first paragraph of section 2.2.1, as amended by section 14 of the Act to amend various legislative provisions concerning de facto spouses, applies to the taxpayer and the particular person before 16 June 1999 because of the third paragraph of section 2.2.1; or

(b)  the taxpayer and the particular person jointly elect to have the first and second paragraphs of this section and of section 312.4 apply after 15 June 1999 in respect of that amount by filing a document signed by the taxpayer and the particular person with the Minister on or before the taxpayer’s and the particular person’s filing-due date for the taxation year that includes 20 December 2001.

1998, c. 16, s. 116; 2000, c. 5, s. 89; 2001, c. 53, s. 59.

336.0.4. A taxpayer may, in computing the income of the taxpayer for a taxation year, deduct the amount by which an amount paid by the taxpayer in the year or one of the two preceding taxation years under an order of a competent tribunal as a repayment of an amount included under any of paragraphs a to b.1 of section 312, as it read for a preceding taxation year, in computing the taxpayer’s income for that preceding year, or that should have been so included had the taxpayer not made the election provided for in section 309.1, as it read for that preceding year, or included under section 312.4 in computing the taxpayer’s income for the year or a preceding taxation year, to the extent that the amount was not deducted in computing the taxpayer’s income for a preceding taxation year, exceeded the portion of the amount in respect of which section 334.1 applied for a preceding taxation year, as that section read for that preceding year.

1998, c. 16, s. 116.

336.0.5. A taxpayer may, in computing the income of the taxpayer for a taxation year, deduct any amount paid by the taxpayer as judicial or extrajudicial expenses incurred for any of the following purposes, to the extent that the taxpayer has not been reimbursed, is not entitled to be reimbursed, and did not deduct the amount in computing the taxpayer’s income for a preceding taxation year:

(a)  for the purpose of collecting an amount owing to the taxpayer that is a support amount as defined in the first paragraph of section 312.3;

(a.1)  for the purpose of determining the original right to receive an amount that is a support amount as defined in the first paragraph of section 312.3;

(b)  for the purpose of obtaining a review of the right to receive an amount that is a support amount as defined in the first paragraph of section 312.3;

(b.1)  for the purpose of determining the original obligation to pay an amount that is a support amount; and

(c)  for the purpose of obtaining a review of the obligation to pay an amount that is a support amount.

The first paragraph applies only if the judicial or extrajudicial expenses referred to therein were incurred by the taxpayer or, where the taxpayer is required to pay such expenses under an order of a competent court, by the taxpayer’s spouse or former spouse or by the father or mother of the taxpayer’s child.

1998, c. 16, s. 116; 2005, c. 1, s. 89.

336.0.6. For the purposes of section 336.0.3, where an order or agreement, or any variation thereof, provides for the payment of an amount by a taxpayer to a person or for the benefit of the person, a child in the person’s custody or both the person and a child in the person’s custody, the amount or any part thereof, when payable, is deemed to be payable to and receivable by that person and, when paid, is deemed to have been paid to and received by that person.

1998, c. 16, s. 116; 2003, c. 9, s. 24.

336.0.7. For the purposes of sections 336.0.2 and 336.0.3, where an order, or any variation thereof, provides for the payment of an amount by a taxpayer to a person or for the benefit of the person, a child in the person’s custody or both the person and a child in the person’s custody, the amount or any part thereof is paid by the Minister under the Act to facilitate the payment of support (chapter P-2.2) otherwise than out of the sums collected from the taxpayer, and in a particular taxation year the taxpayer reimburses the Minister for all or any part of that amount, the amount so reimbursed is deemed to have been payable in that year under the order and to have been paid to and received by the person in that year.

1998, c. 16, s. 116.

336.0.8. For the purposes of sections 336.0.2 and 336.0.3, if an order or agreement, or any variation of the order or agreement, provides for the payment of an amount by a taxpayer to a person or for the benefit of the person, a child in the person’s custody or both the person and a child in the person’s custody, a benefit is paid by the Minister of Employment and Social Solidarity under Chapter I or II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1), Chapter I of Title II of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) or Chapter II of the Act respecting income security (chapter S-3.1.1) because the taxpayer fails to pay all or part of the amount that the taxpayer is required to pay, and in a taxation year the taxpayer repays all or part of that benefit to the Minister of Employment and Social Solidarity, the amount so repaid is deemed to have been payable in that year under the order or agreement and to have been paid to and received by the person in that year.

1998, c. 16, s. 116; 2000, c. 39, s. 22; 2007, c. 12, s. 51.

336.1. Where an amount, other than an amount that is otherwise a support amount, became payable by a taxpayer in a taxation year under an order of a competent tribunal or under a written agreement, in respect of an expense incurred in the year or the preceding taxation year for the maintenance of a person described in the second paragraph, a child in the person’s custody or both the person and a child in the person’s custody and the order or agreement provides that subsection 2 of each of sections 56.1 and 60.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) apply to any amount paid or payable thereunder, the amount by which the aggregate of all amounts each of which is such an amount payable exceeds the amount determined under section 336.3 is deemed, for the purposes of this chapter, to be an amount payable by the taxpayer to and receivable by the person as an allowance on a periodic basis, and the person is deemed to have discretion as to the use of that amount.

The person to whom the first paragraph refers is

(a)  the spouse or former spouse of the taxpayer; or

(b)  where the amount became payable under an order made by a competent tribunal in accordance with the laws of a province, the father or mother of a child of the taxpayer.

1986, c. 15, s. 68; 1990, c. 59, s. 153; 1994, c. 22, s. 144; 1995, c. 49, s. 236; 1998, c. 16, s. 117; 2002, c. 40, s. 33; 2003, c. 9, s. 25; 2009, c. 5, s. 119.

336.2. For the purposes of section 336.1, an expense does not include an expenditure in respect of a self-contained domestic establishment in which the taxpayer mentioned in the first paragraph of that section resides or an expenditure for the acquisition of corporeal property that is not an expenditure on account of a medical or educational expense or in respect of the acquisition, improvement or maintenance of a self-contained domestic establishment in which the person described in the second paragraph of that section resides.

1986, c. 15, s. 68; 1990, c. 59, s. 153; 1994, c. 22, s. 144; 1998, c. 16, s. 117; 2005, c. 1, s. 90.

336.3. The amount referred to in the first paragraph of section 336.1 is equal to the amount by which

(a)  the aggregate of all amounts each of which is an amount included in the aggregate determined under that paragraph in respect of the acquisition or improvement of a self-contained domestic establishment in which the person described in the second paragraph of that section 336.1 resides, including any payment of principal or interest in respect of a loan made or indebtedness incurred to finance, in any manner whatever, such acquisition or improvement; exceeds

(b)  the aggregate of all amounts each of which is an amount equal to 20% of the original principal amount of a loan or indebtedness described in paragraph a.

1986, c. 15, s. 68; 1990, c. 59, s. 154; 1994, c. 22, s. 145; 1998, c. 16, s. 117.

336.4. For the purposes of this chapter, where a written agreement or order of a competent tribunal made at any time in a taxation year provides that an amount paid before that time and in the year or the preceding taxation year is to be considered to have been paid and received thereunder, the following rules apply:

(a)  the amount is deemed to have been paid thereunder; and

(b)  the agreement or order is deemed, except for the purpose of this section, to have been made on the day on which the first such amount was paid.

However, where the agreement or order is made after 30 April 1997 and varies a child support amount payable to the recipient from the last such amount paid to the recipient before 1 May 1997, each varied amount of child support paid under the agreement or order is deemed to have been payable under an agreement or order the commencement day of which is the day on which the first payment of the varied amount is required to be made.

1986, c. 15, s. 68; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1998, c. 16, s. 117.

336.5. In this section and sections 336.6 and 336.7,

“additional investment expense” of an individual for a taxation year means the aggregate of

(a)  the amount determined in respect of the individual for the year under subparagraph 2 of subparagraph iii of subparagraph a.2 of the first paragraph of section 726.6;

(b)  where the year begins after 19 March 2007 and the amount determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7 is equal to zero, the aggregate of the individual’s net capital losses for other taxation years deducted, without reference to subparagraph b of the first paragraph of section 729.1, under section 729 in computing the individual’s taxable income for the year;

(c)  where the maximum amount that the individual could deduct under Title VI.5 of Book IV in computing the individual’s taxable income for the year, if no reference were made to this paragraph, paragraphs c.1 and c.2 and subparagraphs 2 to 2.2 of subparagraph vi of subparagraph e of the first paragraph of section 726.6, enacted by paragraph c of the definition of “investment income”, is greater than zero and equal to the amount determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, and the individual deducts under that Title VI.5 in computing the individual’s taxable income for the year an amount equal to the maximum amount, the aggregate of the individual’s net capital losses for other taxation years deducted, without reference to subparagraph b of the first paragraph of section 729.1, under section 729 in computing the individual’s taxable income for the year;

(c.1)  where paragraphs b and c do not apply and the amount that would be determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, if the formula were read as if “$375,000” was replaced by “$250,000”, is equal to zero, the amount that would be determined in respect of the individual for the year under subparagraph vi of subparagraph a.2 of the first paragraph of section 726.6 if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of Title VI.5 of Book IV and if the amount determined in respect of the individual for the year under subparagraph 1 of subparagraph ii of subparagraph b of the first paragraph of section 726.6 were determined, for the purposes of subparagraph 2 of subparagraph i of subparagraph b of the first paragraph of section 726.6, without reference to qualified farm property, eligible small business corporation shares and qualified fishing property disposed of before 19 March 2007;

(c.2)  where paragraph c does not apply, where the maximum amount that the individual could deduct under Title VI.5 of Book IV in computing the individual’s taxable income for the year in respect of property disposed of before 19 March 2007, if no reference were made to this paragraph and subparagraph 2.2 of subparagraph vi of subparagraph e of the first paragraph of section 726.6, enacted by paragraph c of the definition of “investment income”, is greater than zero and equal to the amount that would be determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, if the formula were read as if “$375,000” was replaced by “$250,000”, and where the individual deducts under that Title VI.5 in computing the individual’s taxable income for the year an amount at least equal to the maximum amount, the amount that would be determined in respect of the individual for the year under subparagraph vi of subparagraph a.2 of the first paragraph of section 726.6 if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of that Title VI.5 and if the amount determined in respect of the individual for the year under subparagraph 1 of subparagraph ii of subparagraph b of the first paragraph of section 726.6 were determined, for the purposes of subparagraph 2 of subparagraph i of subparagraph b of the first paragraph of section 726.6, without reference to qualified farm property, eligible small business corporation shares and qualified fishing property disposed of before 19 March 2007; and

(d)  in cases other than those provided for in paragraphs b to c.2, the amount that would be determined in respect of the individual for the year under subparagraph vi of subparagraph a.2 of the first paragraph of section 726.6 if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of Title VI.5 of Book IV;

“investment expense” of an individual for a taxation year means the investment expense of the individual for that year within the meaning that would be assigned to that expression by subparagraph a.2 of the first paragraph of section 726.6 if,

(a)  the portion of that subparagraph a.2 before subparagraph i were read as follows:

“(a.2) “investment expense” of an individual for a taxation year means the aggregate of”;

(b)  the amount determined under subparagraph 2 of subparagraph iii of that subparagraph a.2 were equal to zero;

(c)  for the purposes of subparagraph iv of that subparagraph a.2, any amount deducted in respect of the following expenses were equal to zero:

i.  expenses renounced in respect of a flow-through share that was

(1)  issued as a consequence of an investment made on or before 11 March 2005 or of an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made on or before that date, or

(2)  acquired out of the proceeds of a public issue of securities that are interest in a partnership issued as a consequence of an investment made on or before 11 March 2005 or of an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made on or before that date, and

ii.  expenses described in section 336.5.1 renounced in respect of a flow-through share that was

(1)  issued as a consequence of an investment made after 11 March 2005 or of an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made after that date, or

(2)  acquired out of the proceeds of a public issue of securities that are interest in a partnership issued as a consequence of an investment made after 11 March 2005 or of an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made after that date;

(d)  for the purposes of subparagraph v of that subparagraph a.2, the loss from renting or leasing a property were equal to zero; and

(e)  the amounts determined under subparagraphs vi and vii of that subparagraph a.2 were equal to zero;

“investment income” of an individual for a taxation year means the investment income of the individual for that year within the meaning that would be assigned to that expression by subparagraph e of the first paragraph of section 726.6 if,

(a)  for the purposes of subparagraphs i and iv of that subparagraph e, an amount included in computing the individual’s income for the year under section 94 in respect of a property the income from which would be income from the renting or leasing of a property were equal to zero;

(b)  for the purposes of subparagraph iv of that subparagraph e, the income from the renting or leasing of a property were equal to zero;

(c)  subparagraph vi of that subparagraph e were read as follows:

“vi. the amount by which the aggregate of all amounts, including the amount resulting from a designation made by a trust under section 668, despite the exception provided for in section 668 in respect of this Title, that are included under paragraph b of section 28, in respect of capital gains and capital losses, in computing the individual’s income for the year, exceeds

(1) where the year begins after 19 March 2007 and the amount determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7 is equal to zero, an amount equal to zero,

(2) where the maximum amount that the individual could deduct under this Title in computing the individual’s taxable income for the year, if no reference were made to this subparagraph 2, subparagraphs 2.1 and 2.2 and paragraphs c to c.2 of the definition of “additional investment expense” in section 336.5, is greater than zero and equal to the amount determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, and the individual deducts under this Title in computing the individual’s taxable income for the year an amount equal to the maximum amount, the amount deducted by the individual in computing the individual’s taxable income for the year under this Title,

(2.1) where subparagraphs 1 and 2 do not apply and the amount that would be determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, if the formula were read as if “$375,000” was replaced by “$250,000”, is equal to zero, the amount that would be determined in respect of the individual for the year under subparagraph i of subparagraph b if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of this Title and if, for the purposes of subparagraph 2 of that subparagraph i, no reference were made to qualified farm property, eligible small business corporation shares and qualified fishing property disposed of before 19 March 2007,

(2.2) where subparagraph 2 does not apply, where the maximum amount that the individual could deduct under this Title in computing the individual’s taxable income for the year in respect of property disposed of before 19 March 2007, if no reference were made to this subparagraph 2.2 and to paragraph c.2 of the definition of “additional investment expense” in section 336.5, is greater than zero and equal to the amount that would be determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7, if the formula were read as if “$375,000” was replaced by “$250,000”, and where the individual deducts under this Title in computing the individual’s taxable income for the year an amount at least equal to the maximum amount, the amount that would be determined in respect of the individual for the year under subparagraph i of subparagraph b if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of this Title and if, for the purposes of subparagraph 2 of that subparagraph i, no reference were made to qualified farm property, eligible small business corporation shares and qualified fishing property disposed of before 19 March 2007, and

(3) in any other case, the amount that would be determined in respect of the individual for the year under subparagraph i of subparagraph b if the amount resulting from a designation made by a trust under section 668 were taken into account, despite the exception provided for in section 668 in respect of this Title.”;

“total investment expense” of an individual for a taxation year means the aggregate of the individual’s investment expense for the year and the individual’s additional investment expense for the year;

“unused portion of the total investment expense” of an individual for a taxation year means

(a)  in the case of a taxation year subsequent to the taxation year 2003, the aggregate of the amount included in computing the individual’s income for the year under section 313.10 and the amount included in computing the individual’s taxable income for the year under section 737.0.1; and

(b)  in any other case, an amount equal to zero.

2005, c. 38, s. 71; 2007, c. 12, s. 52; 2009, c. 5, s. 120; 2009, c. 15, s. 79.

336.5.1. The expenses to which subparagraph ii of paragraph c of the definition of “investment expense” in section 336.5 refers are the following:

(a)  Canadian exploration expenses that would be described in paragraph a.1 or c.1 of section 395 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec”;

(b)  Canadian exploration expenses that would be described in paragraph d of section 395 if the reference in that paragraph to “expenses described in paragraphs a to b.1 and c to c.2” were replaced by a reference to “expenses that would be described in paragraphs a.1 and c.1 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec””;

(c)  Canadian renewable and conservation expenses, within the meaning of section 399.7, to the extent that the expenses were incurred in respect of work carried out in Québec as part of a project relating to a business carried on in Québec;

(d)  Canadian development expenses that would be described in any of paragraphs a, a.1 and b.1 of section 408 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec”; and

(e)  Canadian development expenses that would be described in paragraph d of section 408 if the reference in that paragraph to “any expense described in paragraphs a to c” were replaced by a reference to “any expense that would be described in paragraphs a, a.1 and b.1 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec””.

2007, c. 12, s. 53.

336.6. An individual, other than a trust that is not a personal trust, may deduct in computing the individual’s income for a particular taxation year the unused portions of the total investment expense of the individual for the taxation years that precede the particular year and those for the three taxation years that follow the particular year, up to the amount by which the amount of the individual’s investment income for the particular year exceeds the individual’s total investment expense for the particular year.

However, for the purpose of computing the individual’s income for the taxation year in which the individual died and for the preceding taxation year, the first paragraph is to be read as if “for the taxation years that precede the particular year and those for the three taxation years that follow the particular year, up to the amount by which the amount of the individual’s investment income for the particular year exceeds the individual’s total investment expense for the particular year” was replaced by “for all of the individual’s taxation years”.

2005, c. 38, s. 71.

336.7. No amount is deductible under section 336.6 in respect of an unused portion of the total investment expense for a taxation year until the unused portions of the total investment expense for the preceding taxation years have been deducted.

In addition, an unused portion of the total investment expense may be deducted for a taxation year under section 336.6 only if it exceeds the aggregate of the amounts deducted in its respect for the preceding taxation years under that section.

2005, c. 38, s. 71.

CHAPTER II.1 SPLITTING RETIREMENT INCOME

2009, c. 5, s. 121.

336.8. In this chapter,

“eligible retirement income” of an individual for a taxation year means

(a)  if the individual has reached 65 years of age before the end of the year or—if the individual ceased to be resident in Canada in the year—on the last day on which the individual was resident in Canada, the aggregate of all amounts each of which is an amount that the individual included in computing the individual’s income for the year and that is described in section 752.0.8; or

(b)  if the individual has not reached 65 years of age before the end of the year or—if the individual ceased to be resident in Canada in the year—on the last day on which the individual was resident in Canada, the aggregate of all amounts each of which is an amount that the individual included in computing the individual’s income for the year and that is described in subparagraph i of paragraph a of section 752.0.8 or—if that amount is received by the individual because of the death of a spouse of the individual—in any of subparagraphs ii to vi of that paragraph a or in paragraph b of that section;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“joint election” for a taxation year means an election made jointly for the year in the prescribed form by a transferor and the transferee who is the transferor’s eligible spouse for the year, and filed with the Minister with both the transferor’s and the transferee’s fiscal returns for the year on or before their respective filing-due dates for the year;

“split-retirement income amount” in respect of a transferor and a transferee for a taxation year means the amount elected by the transferor and the transferee in a joint election for the year not exceeding 50% of the transferor’s eligible retirement income for the year;

“transferee” for a taxation year means an individual who

(a)  is resident in Canada at the end of the year; and

(b)  is a transferor’s eligible spouse for the year;

“transferor” for a taxation year means an individual who

(a)  receives eligible retirement income for the year; and

(b)  is resident in Canada at the end of the year.

For the purposes of section 336.9 and the definitions of “transferee” and “transferor” in the first paragraph, the taxation year of an individual that is the year in which the individual dies or ceases to be resident in Canada is deemed to end immediately before the individual’s death or at the end of the last day on which the individual was resident in Canada.

2009, c. 5, s. 121.

336.9. For the purpose of applying this chapter, for a taxation year, to a transferor and to the transferee who is the transferor’s eligible spouse for the year, if either of them is resident in Canada outside Québec at the end of that year, section 336.8 is to be read

(a)  as if the definitions of “joint election” and “split-retirement income amount” in the first paragraph were replaced by the following definitions:

““joint election” for a taxation year means a valid election made jointly for the year by a transferor and the transferee who is the transferor’s eligible spouse for the year, for the purposes of section 60.03 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), in accordance with the definition of “joint election” in subsection 1 of that section;

“split-retirement income amount” in respect of a transferor and a transferee for a taxation year means the amount elected by the transferor and the transferee in a joint election for the year not exceeding the amount determined by the formula

0.5A × B/C;”; and

(b)  as if the following paragraph was added after the second paragraph:

“In the definition of “split-retirement income amount” in the first paragraph,

(a) A is the transferor’s eligible retirement income for the taxation year;

(b) B is the number of months in the transferor’s taxation year during which the transferor was the transferee’s spouse; and

(c) C is the number of months in the transferor’s taxation year.”

The individual who is resident in Québec at the end of the year shall send a copy of the joint election with the fiscal return the individual is required to file for the year under this Part.

If, for a taxation year, a transferor makes an election described in the definition of “joint election” in subsection 1 of section 60.03 of the Income Tax Act with an individual other than the transferor’s eligible spouse for the year and either of them is resident in Canada outside Québec at the end of that year, that other individual is, for the purposes of the first paragraph and of section 336.8, deemed to be the transferor’s eligible spouse for the year.

This chapter does not apply, for a taxation year, to the eligible spouse of a transferor, if both of them are resident in Québec at the end of the year, and if the presumption in the third paragraph applies to another individual with whom the transferor made the election referred to in that paragraph for the year.

For the purposes of this Part, an election described in the definition of “joint election” in the first paragraph of section 336.8, enacted by the first paragraph, is deemed to be made under this chapter.

2009, c. 5, s. 121.

336.10. For the purposes of section 336.8, a person is deemed not to be the eligible spouse of an individual for a taxation year if the person is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2009, c. 5, s. 121.

336.11. A taxpayer who is a transferor for a taxation year may deduct, in computing the taxpayer’s income for that year, any amount that is a split-retirement income amount for the year in respect of the taxpayer.

However, a taxpayer who dies in a taxation year may deduct an amount under the first paragraph in computing the taxpayer’s income for the year only in the taxpayer’s fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the taxpayer’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

2009, c. 5, s. 121.

336.12. For the purposes of subparagraph ii of paragraphs a and b of section 752.0.7.4, the following rules apply if a transferor and a transferee make a joint election for a taxation year:

(a)  the amount referred to in section 752.0.8 in respect of the transferor for the year is deemed to be equal to the result obtained by subtracting from that amount otherwise determined any amount that is a split-retirement income amount in respect of the transferor for the year; and

(b)  the amount referred to in section 752.0.8 in respect of the transferee for the year is deemed to be equal to the result obtained by adding to that amount otherwise determined any amount that is a split-retirement income amount in respect of the transferee for the year.

2009, c. 5, s. 121.

336.13. A joint election is invalid if the Minister establishes that a transferor or a transferee has knowingly or under circumstances amounting to gross negligence made a false declaration in the joint election.

However, the first paragraph does not apply in respect of an election described in the definition of “joint election” in the first paragraph of section 336.8, enacted by the first paragraph of section 336.9.

2009, c. 5, s. 121.

CHAPTER III

Repealed, 1997, c. 85, s. 66.

1991, c. 8, s. 4; 1997, c. 85, s. 66.

337. (Repealed).

1972, c. 23, s. 307; 1984, c. 15, s. 77; 1985, c. 25, s. 62; 1990, c. 59, s. 155; 1992, c. 1, s. 31; 1993, c. 16, s. 370; 1994, c. 22, s. 350; 1997, c. 85, s. 66.

337.1. (Repealed).

1991, c. 8, s. 5; 1994, c. 40, s. 457; 1997, c. 85, s. 66.

338. (Repealed).

1972, c. 23, s. 308; 1984, c. 15, s. 78; 1985, c. 25, s. 63; 1990, c. 59, s. 156; 1991, c. 8, s. 6; 1993, c. 16, s. 137; 1994, c. 22, s. 146; 1997, c. 85, s. 66.

CHAPTER IV CONTRIBUTIONS, PREMIUMS AND CERTAIN TRANSFERS

1972, c. 23.

339. A taxpayer may also deduct:

(a)  (paragraph repealed);

(b)  any amount deductible under Title IV of Book VII or section 965.0.16.1 in computing his income for the year;

(c)  (paragraph repealed);

(c.1)  any amount that is deductible under Title V.1 of Book VII in computing the income of the taxpayer for the year;

(d)  the amount that, by virtue of paragraph j of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.0.1)  for his taxation year 1988, such particular part of the aggregate of all amounts each of which is an amount received by him before 28 March 1988 that can reasonably be considered to be a payment in respect of an actuarial surplus under a defined benefit provision, within the meaning of section 965.0.1, of a registered pension plan and that is included in computing his income for the year under section 317, other than any portion of the amount deducted by him under section 339.5 in computing his income for the year,

i.  as is designated by the taxpayer in his fiscal return for the year under this Part, and

ii.  as does not exceed the aggregate of all amounts each of which is an amount, to the extent that it was not deducted in computing his income for a preceding taxation year, paid by him in the year or within 60 days after the end of the year

(1)  as a contribution to or under a registered pension plan for his benefit, other than the portion thereof deductible under paragraph d or d.1, paragraph c of section 70 or section 72.1 in computing his income for the year, or

(2)  as a premium under a registered retirement savings plan under which he is the annuitant, within the meaning of paragraph b of section 905.1, other than the portion thereof that has been designated for the purposes of paragraph d, d.1 or f;

(d.0.2)  an amount equal to the lesser of

i.  the aggregate of the following amounts, other than the portion of that aggregate that is deductible under paragraph c of section 70 or paragraph d.0.3 in computing the taxpayer’s income for the year:

(1)  all contributions made in the year by the taxpayer to a registered pension plan in respect of eligible service of the taxpayer before 1 January 1990 under the plan, where the taxpayer was obliged under the terms of an agreement in writing entered into before 28 March 1988 to make the contributions, and

(2)  the amounts paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, where the taxpayer was obliged as a consequence of a written election made before 28 March 1988 to make the repayment, or as interest in respect of the repayment; and

ii.  the aggregate of all amounts each of which is an amount paid out of or under a registered pension plan as part of a series of periodic payments and included under section 309 in computing the taxpayer’s income for the year, other than the portion of that aggregate that can reasonably be considered to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act;

(d.0.3)  an amount equal to the lesser of

i.  the aggregate of all amounts each of which is an amount paid in the year or a preceding taxation year by the taxpayer to a registered pension plan that was not deductible in computing the taxpayer’s income for a preceding taxation year and that was paid as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending before 1 January 1990, or as interest in respect of the repayment, and

ii.  the amount by which $5,500 exceeds the amount deducted under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.0.4)  the aggregate of all amounts each of which is an amount paid in the year by the taxpayer to a registered pension plan as a repayment under a prescribed statutory provision of an amount received from the plan that was included under section 309 in computing the taxpayer’s income for a taxation year ending after 31 December 1989, and that can reasonably be considered not to have been designated by the taxpayer for the purposes of paragraph j.2 of section 60 of the Income Tax Act, or as interest in respect of the repayment, except such portion of the aggregate that was deductible under paragraph c of section 70 in computing the taxpayer’s income for the year;

(d.1)  the amount that, by virtue of paragraph j.1 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(d.2)  the amount that, by virtue of paragraph j.2 of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(e)  (paragraph repealed);

(f)  the amount that, by virtue of paragraph l of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(g)  (paragraph repealed);

(h)  any amount deductible under section 890.12 in computing his income for the year;

(i)  the amount that, by virtue of paragraph v of section 60 of the Income Tax Act, is allowed as a deduction for the year in computing his income for the purposes of the said Act;

(i.1)  the amount by which the amount equal to the product obtained by multiplying the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under the Act respecting parental insurance (chapter A-29.011) by the proportion that the premium rate referred to in subparagraph 1 of the first paragraph of section 6 of that Act is of the premium rate referred to in subparagraph 3 of that paragraph, is exceeded by the amount payable by the taxpayer for the year as a premium on the taxpayer’s business income under that Act, other than an amount, in respect of that amount payable by the taxpayer for the year, in relation to a business of the taxpayer, as that premium, if all of the taxpayer’s income from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10; and

(j)  the aggregate of all amounts each of which is 50% of the amount payable by the taxpayer for the year as a contribution in respect of self-employed earnings under the Act respecting the Québec Pension Plan (chapter R-9) or under any similar plan within the meaning of paragraph u of section 1 of that Act, other than an amount payable by the taxpayer for the year in relation to a business of the taxpayer, as such a contribution, if all of the taxpayer’s income for the year from that business is not required to be included in computing the taxpayer’s income for the year or is deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10.

1972, c. 23, s. 309; 1973, c. 17, s. 35; 1974, c. 18, s. 18; 1975, c. 21, s. 10; 1977, c. 26, s. 30; 1978, c. 26, s. 53; 1979, c. 18, s. 26; 1982, c. 5, s. 78; 1982, c. 56, s. 12; 1983, c. 44, s. 25; 1984, c. 15, s. 79; 1986, c. 15, s. 69; 1988, c. 18, s. 20; 1989, c. 77, s. 33; 1991, c. 25, s. 67; 1993, c. 15, s. 96; 1993, c. 64, s. 30; 1993, c. 64, s. 249; 1994, c. 22, s. 147; 1999, c. 83, s. 52; 2001, c. 51, s. 37; 2003, c. 9, s. 26; 2005, c. 23, s. 49; 2005, c. 38, s. 72; 2009, c. 5, s. 122; 2010, c. 25, s. 29.

339.1. (Repealed).

1984, c. 15, s. 80; 1989, c. 77, s. 34; 1991, c. 25, s. 68.

339.2. (Repealed).

1984, c. 15, s. 80; 1991, c. 25, s. 68.

339.3. (Repealed).

1986, c. 15, s. 70; 1991, c. 25, s. 68.

339.4. (Repealed).

1988, c. 18, s. 21; 1991, c. 25, s. 68.

CHAPTER IV.1 ADDITIONAL VOLUNTARY CONTRIBUTIONS

1991, c. 25, s. 69.

339.5. A taxpayer may deduct in computing the taxpayer’s income for a taxation year an amount equal to the aggregate of the following amounts:

(a)  if the taxation year ends before 1 January 1991, the aggregate of all amounts each of which is that portion of an amount paid to the taxpayer before 1 January 1991 and included in computing the taxpayer’s income for the year or a preceding taxation year by reason of section 310, to the extent that that section refers to Title IV of Book VII, paragraph k of section 311 or section 317, that may reasonably be considered as a refund of additional voluntary contributions made by the taxpayer before 9 October 1986 to a registered pension plan for the taxpayer’s benefit in respect of services rendered by the taxpayer before the year in which the contributions were made, to the extent that the contributions were not deducted in computing the taxpayer’s income for any taxation year; and

(b)  the least of

i.  $3,500,

ii.  the aggregate of all amounts each of which is an amount included after 31 December 1986 in computing the taxpayer’s income for the year by reason of section 310, to the extent that that section refers to Title IV or V.1 of Book VII, paragraph c.2 of section 312 or section 317, and

iii.  the balance of the annuitized voluntary contributions of the taxpayer at the end of the year.

1991, c. 25, s. 69; 2010, c. 5, s. 38.

339.6. For the purposes of section 339.5, the balance of the annuitized voluntary contributions of the taxpayer at the end of a taxation year is equal to the amount by which

(a)  such part of the aggregate of all amounts each of which is an additional voluntary contribution made by the taxpayer to a registered pension plan before 9 October 1986 in respect of services rendered by him before the year in which the contribution was made, to the extent that the contribution was not deducted in computing his income for any taxation year, as may reasonably be considered as having been used before 9 October 1986 to acquire or provide an annuity for the taxpayer’s benefit under a registered pension plan or registered retirement savings plan, or as having been transferred before 9 October 1986 to a registered retirement income fund under which the taxpayer was the annuitant, within the meaning of paragraph d of section 961.1.5, at the time of the transfer, exceeds

(b)  the aggregate of all amounts each of which is

i.  an amount deducted in computing his income for a preceding taxation year under paragraph b of section 339.5, or

ii.  an amount deducted in computing his income for the year or a preceding taxation year under paragraph a of section 339.5, to the extent that the amount can reasonably be considered to be in respect of a refund of additional voluntary contributions included in determining the aggregate under paragraph a.

1991, c. 25, s. 69.

CHAPTER V CERTAIN BENEFITS

1972, c. 23.

340. In the case of any pension benefit, death benefit, benefit under a registered retirement savings plan or a deferred profit sharing plan received in the year upon or after the death of a predecessor, in payment of or on account of property which he inherits, the taxpayer may deduct that part of such benefit represented by the proportion that:

(a)  such part of the tax payable under the Estate Tax Act (Revised Statutes of Canada, 1970, chapter E-9) in respect of such death as is, under the said Act, reasonably attributable to the property in payment or on account of which the benefit was so received is of

(b)  the value of such property, computed in accordance with subsection 4 of section 62 of the said Act.

1972, c. 23, s. 310; 1973, c. 17, s. 36; 1991, c. 25, s. 70.

341. In the case of a benefit mentioned in section 340 and of a benefit granted under an income-averaging annuity contract and received as provided in the said section, the taxpayer may deduct that part of such benefit represented by the proportion that:

(a)  such part of any succession duties payable under a law of a province in respect of the death of the predecessor as, under such act, may be reasonably attributable to the property in payment or on account of which the benefit was so received is of

(b)  the value of such property computed in accordance with such act.

1973, c. 17, s. 36.

CHAPTER VI INCOME-AVERAGING ANNUITIES

1972, c. 23.

342. An individual resident in Canada may deduct in computing his income for a year, an amount which he pays in the year or within 60 days following the end of the year for the acquisition of an income-averaging annuity for himself, under a contract with a person licensed or otherwise authorized by the laws of Canada or a province to carry on in Canada or in a province an annuities business or to offer trustee services there, to the extent that such amount has not already been deducted the preceding year.

1972, c. 23, s. 311; 1972, c. 26, s. 44.

343. To be entitled to the deduction provided in section 342, the individual must acquire the income-averaging annuity by

(a)  a single payment described in the second paragraph and made under the terms of a contract

i.  which entitles him to receive, during a period beginning not later than ten months after the date of such payment, either an annuity for life or such annuity with a guaranteed term for a number of years not exceeding the lesser of 15 and the difference between 85 and his age at the time the annuity commences to be paid to him, or an annuity for such guaranteed term; and

ii.  which shall not provide for payments other than the single payment by the individual and the equal annuity payments which must be paid to him annually or at more frequent periodic intervals; or

(b)  a single payment made in respect of his taxation year 1981, other than a single payment contemplated in subparagraph a according to the terms of a contract

i.  providing that all the payments to the individual under the contract must be made before 1 January 1983; and

ii.  providing no other payment than the single payment by the individual and the payments described in subparagraph i.

The single payment contemplated in subparagraph a of the first paragraph is a single payment made

(a)  before 13 November 1981; or

(b)  after 12 November 1981 in accordance with an agreement in writing entered into before 13 November 1981 to make such a payment in respect of his taxation year 1981, or pursuant to an arrangement in writing made before that date to have funds withheld before 1 January 1982 from any of the individual’s remuneration described in paragraph a of section 344 and earned or received before the latter date and to be paid by or on behalf of the individual.

1972, c. 23, s. 312; 1974, c. 18, s. 19; 1984, c. 15, s. 81.

344. The amount which an individual may deduct under section 342 shall not exceed:

(a)  the aggregate of:

i.  the amounts contemplated in section 345 less any deduction allowable for the year under paragraphs d, e and f of section 339; and

ii.  the excess of the amount determined for the year under paragraph b of section 28 over the aggregate of his allowable business investment losses for the year;

iii.  the excess of the amount included in computing his income for the year under sections 330 and 331 over the aggregate of the amounts deducted in that computation under sections 333.1, 357, 358 and 362 to 418.12 and section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4);

iv.  his income for the year from the production of literary, dramatic, musical or artistic work; and

v.  his income for the year from his activities as an athlete, a musician or a public entertainer such as a theatre, motion picture, radio or television artist; less:

(b)  the amounts which the individual is to receive within the 12 months beginning on the date when the first payment is to be paid to him in respect of each income-averaging annuity.

1972, c. 23, s. 313; 1973, c. 18, s. 10; 1975, c. 22, s. 65; 1978, c. 26, s. 54; 1980, c. 13, s. 28; 1982, c. 5, s. 79; 1998, c. 16, s. 251.

345. The amounts mentioned in subparagraph i of paragraph a of section 344 are the following:

(a)  a single payment which the individual receives in the year:

i.  under a pension plan, upon the death, withdrawal or retirement of an employee or former employee, upon the winding up of the plan in full satisfaction of all rights of the participant in the plan or, when an amendment to the plan confers on him the right to receive such payment, although he continues to participate in it;

ii.  upon his retirement as an employee in recognition of long service, if such payment is not contemplated by subparagraph i of paragraph a;

iii.  pursuant to an employees profit sharing plan in full satisfaction of all his rights in or under the plan, to the extent that this payment is required to be included in computing his income for the year in which the payment was received; or

iv.  pursuant to a deferred profit sharing plan upon the death, withdrawal or retirement of an employee or former employee, to the extent that this payment is required to be included in computing his income for the year in which the payment was received;

(b)  a payment made to an individual in the year of his retirement or in the following year, in consideration of loss of office or employment, if such payment is made by an employer to the individual as an employee or former employee;

(c)  a payment made to the individual as a death benefit, if such payment is made in the year of death or within one year after that year;

(d)  an amount included in computing the individual’s income for the year under paragraph l of section 311 and sections 93 to 110.1, 186, 187, 196 or 197, 684 or 955;

(e)  an amount included in computing the individual’s income under section 929, but only to the extent that such amount is a refund of premiums, under a registered retirement savings plan, where the individual receives such amount on or after the death of the person who was, immediately before his death, the annuitant thereunder;

(f)  the benefit which the individual is deemed to have received under Division VI of Chapter II of Title II;

(g)  the excess over $500 of an amount received by the individual in the year as a prize for achievement in a field of endeavour which he ordinarily carries on;

(h)  a payment made in the year to an individual under paragraph b of subsection 2 of section 51 of the Judges Act (Revised Statutes of Canada, 1985, chapter J-1);

(i)  a payment that the individual receives in the year, under an order or decision of a competent court, as salary or wages owing by his employer or former employer, if part of that payment is received in respect of a previous year;

(j)  an amount included in computing the individual’s income for the year under paragraph c of section 46 of the Act respecting the application of the Taxation Act (chapter I-4), but only where the individual has not claimed a deduction in that computation under paragraph a of the said section 46; and

(k)  where the individual ceased to be a member of a partnership in the year or the preceding year and where, in computing his income therefrom for that preceding year, he made the election provided for in paragraph c of section 215, the amount included in computing his income for the year under paragraph a of section 28, to the extent that, having regard to all the circumstances, including the proportion in which the members of the partnership have agreed to share the profits of the partnership, such amount may reasonably be considered to be his share of the work in progress of the partnership at the time he ceased to be a member thereof if, during the remainder of the year in which he ceased to be a member thereof and in the following year, he did not become employed in the business carried on by the partnership, carry on a business that is a profession or become a member of another partnership carrying on a business that is a profession.

1972, c. 23, s. 314; 1973, c. 18, s. 11; 1975, c. 21, s. 11; 1977, c. 26, s. 31; 1980, c. 13, s. 29; 1982, c. 5, s. 80; 1988, c. 18, s. 22; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2001, c. 53, s. 260; 2003, c. 2, s. 110.

346. Where, at a particular time, an income-averaging annuity ceases to qualify as such otherwise than by virtue of the surrender, cancellation, redemption, sale or disposition of such contract, the individual is deemed to have received at that time as proceeds of disposition of the contract an amount equal to its fair market value at that time, and to have acquired immediately thereafter a contract other than an income-averaging annuity at a cost corresponding to that fair market value.

Any payment under an income-averaging annuity contract to which a deceased individual was entitled under the contract before he died and that is made under that contract after his death is deemed to be a payment made under such a contract.

1972, c. 23, s. 315; 1977, c. 26, s. 32.

CHAPTER VI.0.1 INCOME-AVERAGING ANNUITIES RESPECTING INCOME FROM ARTISTIC ACTIVITIES

2005, c. 23, s. 50.

346.0.1. An individual who is, in a taxation year, a recognized artist may deduct, in computing income for the year, an amount that the individual pays in the year or within 60 days after the end of the year to acquire an income-averaging annuity respecting income from artistic activities from a person described in the fourth paragraph, to the extent that that amount has not been deducted for the preceding year.

However, the amount that an individual may deduct for a taxation year under the first paragraph may not exceed an amount equal to the amount obtained by subtracting, from the portion of the individual’s income for the year that may reasonably be considered to be attributable to artistic activities in respect of which the individual is a recognized artist, the aggregate of $25,000 and the amount that the individual may deduct for the year under section 726.26.

In this section, “recognized artist” means an individual who is a professional artist, within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01), or an artist, within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1).

A person to whom the first paragraph refers is a person who is licensed or otherwise authorized by the laws of Québec or Canada to carry on an annuities business in Québec or offer trustee services in Québec, and who is authorized by the Minister, in accordance with section 346.0.3, to offer an income-averaging annuity respecting income from artistic activities for the purposes of this chapter.

2005, c. 23, s. 50; 2006, c. 36, s. 36.

346.0.2. No individual may deduct an amount under section 346.0.1 unless the contract under which the individual acquires an income-averaging annuity respecting income from artistic activities is consistent with the standard contract previously approved by the Minister and provides for stipulations consistent with the following provisions:

(a)   the income-averaging annuity respecting income from artistic activities is acquired in consideration for a single payment;

(b)  the income-averaging annuity respecting income from artistic activities is payable, at least once a year or at more frequent periodic intervals, in equal payments sufficient to ensure its full payment over a period not exceeding seven years from the date on which the first payment is made, which payment must be made not later than ten months after the date on which the single payment referred to in paragraph a is made;

(c)  the individual is entitled to request, at any time, the full or partial commutation of the income-averaging annuity respecting income from artistic activities;

(d)  the income-averaging annuity payments respecting income from artistic activities may only be made to the individual or, after the individual’s death, to a person designated by the individual under the contract, the individual’s succession or any of the beneficiaries of the individual’s succession, as the case may be;

(e)  except in case of death, the rights of the individual as annuitant may not be disposed of otherwise than by the redemption or cancellation of the income-averaging annuity respecting income from artistic activities by the debtor; and

(f)  the rights of the individual as annuitant may not be given or transferred as security in any manner whatsoever.

2005, c. 23, s. 50.

346.0.3. For the purposes of the fourth paragraph of section 346.0.1, the Minister may authorize a person to offer an income-averaging annuity respecting income from artistic activities if

(a)  the person first submitted to the Minister for approval a standard contract containing stipulations consistent with the provisions mentioned in paragraphs a to f of section 346.0.2; and

(b)  the person undertakes with the Minister that any annuity contract the person enters into with an individual to enable the individual to benefit from the deduction under section 346.0.1 be consistent with that standard contract.

2005, c. 23, s. 50.

346.0.4. If an individual dies and an amount the individual was entitled to receive before dying under an income-averaging annuity contract respecting income from artistic activities is paid after the individual’s death under that contract, that amount is deemed to be an amount paid under such a contract.

2005, c. 23, s. 50.

CHAPTER VI.1 DEBT FORGIVENESS

1996, c. 39, s. 106.

346.1. There may be deducted in computing the income for a taxation year of an individual, other than a trust, resident in Canada throughout the year such amount as the individual claims not exceeding the amount determined by the formula

A + B − 0.2 (C − $40,000).

For the purposes of the formula in the first paragraph,

(a)  A is the amount by which the aggregate of all amounts each of which is an amount that, because of the application of sections 485 to 485.18 to an obligation payable by the individual, or a partnership of which the individual was a member, was included under section 485.13 in computing the income of the individual for the year or the income of the partnership for a fiscal period that ends in the year, to the extent that, where the amount was included in computing income of a partnership, it relates to the individual’s share of that income, exceeds the aggregate of all amounts deducted because of paragraph a of section 485.15 in computing the individual’s income for the year;

(b)  B is the amount included under section 313.7 in computing the individual’s income for the year; and

(c)  C is the greater of $40,000 and the individual’s income for the year, determined without reference to this section, section 313.7, paragraph j of section 336, section 485.13 and paragraph a of section 485.15.

1996, c. 39, s. 106; 1997, c. 3, s. 71; 1998, c. 16, s. 251.

346.2. Subject to section 346.3, there shall be deducted in computing the income for a taxation year of a corporation that is not exempt from tax under this Part on its taxable income, the lesser of

(a)  the amount by which the aggregate of all amounts each of which is an amount that, because of the application of sections 485 to 485.18 to a commercial obligation, within the meaning assigned by section 485, issued by the corporation, or a partnership of which the corporation was a member, was included under section 485.13 in computing the income of the corporation for the year or the income of the partnership for a fiscal period that ends in the year, to the extent that the amount, where it was included in computing income of a partnership, relates to the corporation’s share of that income, exceeds the aggregate of all amounts deducted because of paragraph a of section 485.15, in computing the corporation’s income for the year; and

(b)  the amount determined by the formula

A − 2 (B − C − D − E).

For the purposes of the formula in subparagraph b of the first paragraph,

(a)  A is the amount determined under subparagraph a of the first paragraph in respect of the corporation for the year;

(b)  B is the aggregate of

i.  the fair market value of the assets of the corporation at the end of the year,

ii.  the amounts paid before the end of the year on account of the corporation’s tax payable under this Part or any of Parts III.11, IV, IV.1, VI, VI.1 and VII for the year or on account of a tax payable by the corporation for the year, under any of Parts I, I.3, II, VI and XIV of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or under any similar part of an Act of a province other than Québec, and

iii.  all amounts paid by the corporation in the 12-month period preceding the end of the year to a person with whom the corporation does not deal at arm’s length

(1)  as a dividend, other than a stock dividend,

(2)  on a reduction of paid-up capital in respect of any class of shares of its capital stock,

(3)  on a redemption, acquisition or cancellation of its shares, or

(4)  as a distribution or appropriation in any manner whatever to or for the benefit of the shareholders, to the extent that the distribution or appropriation cannot reasonably be considered to have resulted in a reduction in the amount otherwise determined under subparagraph c in respect of the corporation for the year;

(c)  C is the total liabilities of the corporation at the end of the year determined in accordance with the rules set out in the second paragraph and without reference to any tax payable by the corporation for the year under this Part and Parts III.11, IV, IV.1, VI, VI.1 and VII or to a tax payable by the corporation for the year under any of Parts I, I.3, II, VI and XIV of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or under any similar part of an Act of a province other than Québec,

(d)  D is the aggregate of all amounts each of which is the principal amount at the end of the year of a distress preferred share, within the meaning assigned by section 485, issued by the corporation; and

(e)  E is 50% of the amount by which the amount that would be the corporation’s income for the year if that amount were determined without reference to this section and sections 346.3 and 346.4 exceeds the amount determined under subparagraph a of the first paragraph in respect of the corporation for the year.

For the purposes of subparagraph c of the second paragraph, except as otherwise provided therein, the total liabilities of a corporation shall

(a)  where the corporation is not an insurance corporation or a bank to which subparagraph b or c applies and the balance sheet as of the end of the year was prepared in accordance with generally accepted accounting principles and was presented to the shareholders of the corporation, be considered to be the total liabilities shown on that balance sheet;

(b)  where the corporation is a bank or an insurance corporation that is required to report to the Superintendent of Financial Institutions of Canada and the balance sheet as of the end of the year was accepted by the Superintendent, be considered to be the total liabilities shown on that balance sheet;

(c)  where the corporation is an insurance corporation that is required to report to the superintendent of insurance or other similar officer or authority of the province under whose laws the corporation is incorporated, or the Autorité des marchés financiers, and the balance sheet as of the end of the year was accepted by that officer or authority, be considered to be the total liabilities shown on that balance sheet; and

(d)  in any other case, be considered to be the amount that would be shown as total liabilities of the corporation at the end of the year on a balance sheet prepared in accordance with generally accepted accounting principles.

Subparagraph c of the second paragraph and the third paragraph apply, subject to section 7.12.

1996, c. 39, s. 106; 1997, c. 3, s. 71; 1997, c. 14, s. 64; 2000, c. 5, s. 90; 2002, c. 45, s. 520; 2004, c. 37, s. 90.

346.3. Section 346.2 does not apply in respect of a corporation for a taxation year where property was transferred in the 12-month period preceding the end of the year or the corporation became indebted in that period and it can reasonably be considered that one of the reasons for the transfer or the indebtedness was to increase the amount that the corporation would, but for this section, be entitled to deduct under that section 346.2.

1996, c. 39, s. 106; 1997, c. 3, s. 71.

346.4. There may be deducted as a reserve in computing the income for a taxation year of a taxpayer that is a corporation or trust resident in Canada throughout the year or a person not resident in Canada who carried on business through a fixed place of business in Canada at the end of the year such amount as the taxpayer claims not exceeding the least of

(a)  the amount determined by the formula

A − B;

(b)  the aggregate of

i.  4/5 of the amount that would be determined under subparagraph a of the second paragraph in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year,

ii.  3/5 of the amount that would be determined under subparagraph a of the second paragraph in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year other than the last preceding taxation year,

iii.  2/5 of the amount that would be determined under subparagraph a of the second paragraph in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year, other than the second last preceding taxation year, and

iv.  1/5 of the amount that would be determined under subparagraph a of the second paragraph in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for the year or any preceding taxation year, other than the third last preceding taxation year; and

(c)  where the taxpayer is a corporation that commences to wind up in the year, otherwise than in circumstances to which the rules in sections 556 to 564.1 and 565 apply, zero.

For the purposes of the formula in subparagraph a of the first paragraph,

(a)  A is the amount by which the aggregate of all amounts each of which is an amount that, because of the application of sections 485 to 485.18 to a commercial obligation, within the meaning assigned by section 485, issued by the taxpayer, or a partnership of which the taxpayer was a member, was included under section 485.13 in computing the income of the taxpayer for the year or a preceding taxation year or of the partnership for a fiscal period that ends in that year or preceding year, to the extent that, where the amount was included in computing income of a partnership, it relates to the taxpayer’s share of that income, exceeds the aggregate of

i.  all amounts deducted under paragraph a of section 485.15 in computing the taxpayer’s income for the year or a preceding taxation year, and

ii.  all amounts deducted under section 346.2 in computing the taxpayer’s income for the year or a preceding taxation year; and

(b)  B is the amount by which the amount determined under subparagraph a in respect of the taxpayer for the year exceeds the aggregate of

i.  the amount that would be determined under subparagraph a in respect of the taxpayer for the year if that value did not take into account amounts included or deducted in computing the taxpayer’s income for any preceding taxation year, and

ii.  the amount included under section 313.8 in computing the taxpayer’s income for the year.

1996, c. 39, s. 106; 1997, c. 3, s. 71.

CHAPTER VII MOVING EXPENSES

1972, c. 23.

347. (Repealed).

1972, c. 23, s. 316; 1986, c. 15, s. 71; 1994, c. 22, s. 350; 2001, c. 53, s. 60.

348. An individual may deduct in computing the individual’s income for a taxation year amounts paid by the individual as moving expenses incurred in respect of an eligible relocation, to the extent that

(a)  they were not paid on the individual’s behalf because of, or in the course of, the individual’s office or employment;

(b)  they were not deductible because of this chapter in computing the individual’s income for the preceding taxation year;

(c)  the aggregate of those amounts does not exceed

i.  where the eligible relocation occurs to enable the individual to carry on a business or to be employed at a new work location, the aggregate of the individual’s income for the year from the individual’s employment at the new work location or from carrying on the business at the new work location and the amount included in computing the individual’s income for the year under paragraph e.6 of section 311 in respect of the individual’s employment at the new work location, and

ii.  where the eligible relocation occurs to enable the individual to be a student in full-time attendance enrolled in a program at a post-secondary level at a location of a university, college or other educational institution, the aggregate of all amounts included in computing the individual’s income for the year under paragraph h of section 312; and

(d)  any reimbursement or allowance received by the individual in respect of those expenses is included in computing the individual’s income.

1972, c. 23, s. 317; 1972, c. 26, s. 45; 1979, c. 18, s. 27; 1986, c. 15, s. 72; 1986, c. 19, s. 66; 1994, c. 22, s. 350; 2001, c. 53, s. 61; 2002, c. 40, s. 34; 2010, c. 5, s. 39.

349. An individual may deduct in computing the individual’s income for a taxation year, under section 348, the amount that the individual would be entitled to deduct under that section 348 if paragraphs a and b of the definition of “eligible relocation” in the first paragraph of section 349.1 were read as follows:

“(a) the relocation occurs to enable the individual to be a student in full-time attendance enrolled in a program at a post-secondary level at a location of a university, college or other educational institution, that institution being in this chapter referred to as “the new work location” ;

“(b) either or both the residence at which the individual ordinarily resided before the relocation, in this chapter referred to as “the old residence”, and the residence at which the individual ordinarily resided after the relocation, in this chapter referred to as “the new residence”, are in Canada; and”.

1972, c. 23, s. 318; 1994, c. 22, s. 350; 1997, c. 14, s. 65; 2001, c. 53, s. 61.

349.1. In this chapter, “eligible relocation” means a relocation of an individual where

(a)  the relocation occurs to enable the individual to carry on a business or to be employed at a location in Canada or to be a student in full-time attendance enrolled in a program at a post-secondary level at a location of a university, college or other educational institution, that location and that institution being in this chapter referred to as “the new work location” ;

(b)  both the residence at which the individual ordinarily resided before the relocation, in this chapter referred to as “the old residence”, and the residence at which the individual ordinarily resided after the relocation, in this chapter referred to as “the new residence”, are in Canada; and

(c)  the distance between the old residence and the new work location is not less than 40 kilometres greater than the distance between the new residence and the new work location.

However, in applying this chapter in respect of a relocation of an individual who is absent from Canada but resident in Québec, the definition of “eligible relocation” in the first paragraph shall be read without reference to the words “in Canada” in subparagraph a and without reference to subparagraph b.

2001, c. 53, s. 62.

350. For the purposes of section 348, expenses incurred by an individual as moving expenses are

(a)  travel costs, including a reasonable amount for meals and lodging, in the course of moving the individual and other members of the individual’s household;

(b)  the cost to the individual of transporting or storing household effects in the course of moving;

(c)  the cost of meals and lodging near the individual’s old residence or new residence for the individual and other members of the individual’s household for a period not exceeding 15 days;

(d)  the cost to the individual of cancelling the lease of the individual’s old residence;

(e)  the selling costs of the individual’s old residence;

(f)  where the old residence is sold by the individual or the individual’s spouse as a result of the move, the legal costs incurred for the acquisition of the individual’s new residence that are required for that acquisition and any tax, fee or duty, other than any goods and services tax or value-added tax, imposed on the transfer of the right of ownership to, or registration of rights arising out of the acquisition of, the new residence;

(g)  interest, property taxes, insurance premiums and the cost of heating and utilities in respect of the old residence, to the extent of the lesser of $5,000 and the total of such expenses of the individual for the period

i.  throughout which the old residence is neither ordinarily occupied by the individual or by any other person who ordinarily resided with the individual at the old residence immediately before the move nor rented by the individual to any other person, and

ii.  in which reasonable efforts are made to sell the old residence; and

(h)  the cost of revising legal documents to reflect the address of the individual’s new residence, of replacing drivers’ licenses and personal vehicle permits, excluding any cost for vehicle insurance, and of connecting or disconnecting utilities.

1972, c. 23, s. 319; 1978, c. 26, s. 55; 1991, c. 25, s. 71; 1994, c. 22, s. 148; 1997, c. 85, s. 67; 2000, c. 5, s. 91; 2001, c. 53, s. 63; 2003, c. 2, s. 111; 2009, c. 5, s. 126.

CHAPTER VII.1 INDIVIDUALS RESIDING IN REMOTE AREAS

2003, c. 9, s. 27.

350.1. An individual who, throughout a period, in this chapter referred to as the “qualifying period”, of not less than six consecutive months commencing or ending in a taxation year, has resided in one or more particular areas each of which was a prescribed northern zone or prescribed intermediate zone for the year, and who encloses the prescribed form containing the prescribed information with the fiscal return the individual is required to file for the year under section 1000, may deduct, in computing the individual’s income for the year, the amount determined in respect of the individual under section 350.2.

2003, c. 9, s. 27.

350.2. The amount to which section 350.1 refers is equal to the aggregate of

(a)  the aggregate of all amounts each of which is the product obtained by applying the specified percentage for the year for the particular area in which the individual resided to the amount received, or to the value of a benefit received or enjoyed, in the year by the individual because of the individual’s employment in the particular area by a person with whom the individual was dealing at arm’s length in respect of travel expenses incurred by the individual or another individual who was a member of the individual’s household during the part of the year in which the individual resided in the particular area, to the extent that

i.  the amount received or the value of the benefit, as the case may be, does not exceed a prescribed amount in respect of the individual for the period of the year in which the individual resided in the particular area, is included and is not otherwise deducted in computing the individual’s income for the year or any other taxation year, and is not taken into account in determining an amount deducted under section 752.0.11 for the year or any other taxation year,

ii.  the travel expenses were incurred in respect of trips made in the year by the individual or another individual who was a member of the individual’s household during the part of the year in which the individual resided in the particular area, and

iii.  neither the individual nor a member of the individual’s household is at any time entitled to a reimbursement or any form of assistance, other than a reimbursement or assistance included in computing the income of the individual or the member, in respect of travel expenses to which subparagraph ii applies; and

(b)  the lesser of

i.  20% of the individual’s income for the year, computed without reference to this chapter, and

ii.  the aggregate of all amounts each of which is equal to the amount obtained by applying the specified percentage for the year for the particular area in which the individual resided to the aggregate of

(1)  $8.25 multiplied by the number of days in the year included in the qualifying period in which the individual resided in the particular area, and

(2)  $8.25 multiplied by the number of days in the year included in that portion of the qualifying period throughout which the individual maintained and resided in a self-contained domestic establishment in the particular area, except any day taken into account for the purpose of computing an amount deducted under this subparagraph b by another person who resided on that day in the establishment.

For the purposes of the first paragraph, the specified percentage for a taxation year for a particular area is

(a)  100%, where the area is a prescribed northern zone for the year for the purposes of section 350.1; and

(b)  50%, where the area is a prescribed intermediate zone for the year for the purposes of section 350.1.

2003, c. 9, s. 27; 2009, c. 15, s. 80.

350.3. The aggregate of the amounts determined under subparagraph a of the first paragraph of section 350.2 for an individual in respect of travel expenses incurred in a taxation year in respect of the individual or another individual who is a member of the individual’s household, shall not be in respect of more than two trips made by each of those individuals in the year, other than trips to obtain medical services that are not available in the locality in which the individual resided.

2003, c. 9, s. 27.

350.4. The amount determined under subparagraph ii of subparagraph b of the first paragraph of section 350.2 in respect of an individual for a taxation year in relation to a particular area shall not exceed the amount by which the aggregate of the amounts otherwise determined under that subparagraph ii for the year in relation to that particular area exceeds the value of expenses, or an allowance in respect of expenses incurred by the individual, for the individual’s board and lodging in the particular area, other than at a work site described in subparagraph d.1 of the first paragraph of section 421.2, that

(a)  would, but for subparagraph i of paragraph a of section 42, be included in computing the individual’s income for the year; and

(b)  may reasonably be attributable to that portion of the qualifying period that is in the year and during which the individual maintained a self-contained domestic establishment as principal place of residence in an area other than a prescribed northern zone or a prescribed intermediate zone for the year for the purposes of section 350.1.

For the purpose of determining whether the condition set out in subparagraph a of the first paragraph is satisfied, no account shall be taken of paragraph g of section 39.

2003, c. 9, s. 27; 2005, c. 1, s. 91.

350.5. Where on any particular day an individual resides in more than one particular area referred to in section 350.2, for the purposes of that section, the individual is deemed to reside in only one such area on that day.

2003, c. 9, s. 27.

350.6. If an individual is, at any time in a taxation year, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, a foreign specialist within the meaning of section 737.22.0.1, a foreign professor within the meaning of section 737.22.0.5, an eligible individual within the meaning of section 737.22.0.9 or a foreign farm worker within the meaning of section 737.22.0.12, the following rules apply for the purpose of computing the amount that the individual may deduct under section 350.1 for the year:

(a)  if the individual has included in computing the individual’s income for the year an amount received, or the value of a benefit received or enjoyed, by the individual and the amount or value is both described in subparagraph a of the first paragraph of section 350.2 and included in the individual’s eligible income for the year, in relation to an employment, within the meaning of any of sections 737.19, 737.22.0.0.1, 737.22.0.0.5, 737.22.0.1 and 737.22.0.5, as the case may be, in the amount determined in respect of the individual for the year under section 737.22.0.10, or in the individual’s work income for the year, in relation to an employment, within the meaning of section 737.22.0.12, the amount or value, as the case may be, is deemed to be nil;

(b)  for the purposes of subparagraphs 1 and 2 of subparagraph ii of subparagraph b of the first paragraph of section 350.2, the number of days in the year included in the qualifying period in which the individual resided in the particular region does not include a day included in the individual’s research activity period, the individual’s eligible activity period or the individual’s specialized activity period, in relation to an employment, within the meaning of any of sections 737.19, 737.22.0.0.1, 737.22.0.0.5, 737.22.0.1 and 737.22.0.5, as the case may be; and

(c)  subparagraph b of the first paragraph of section 350.2 does not apply to an individual to whom section 737.22.0.10 or 737.22.0.13 applies for the year.

2003, c. 9, s. 27; 2004, c. 21, s. 75; 2006, c. 36, s. 37.

CHAPTER VIII

Repealed, 1995, c. 1, s. 39.

1995, c. 1, s. 39.

351. (Repealed).

1972, c. 23, s. 320; 1976, c. 18, s. 4; 1979, c. 38, s. 10; 1984, c. 15, s. 82; 1985, c. 25, s. 64; 1986, c. 15, s. 73; 1989, c. 5, s. 60; 1993, c. 16, s. 138; 1993, c. 64, s. 31; 1995, c. 1, s. 39.

352. (Repealed).

1972, c. 23, s. 321; 1976, c. 18, s. 5; 1979, c. 38, s. 11; 1985, c. 25, s. 64; 1986, c. 15, s. 74; 1988, c. 4, s. 31; 1988, c. 18, s. 23; 1989, c. 5, s. 61; 1994, c. 22, s. 149; 1995, c. 1, s. 39.

353. (Repealed).

1972, c. 23, s. 322; 1975, c. 21, s. 12; 1976, c. 18, s. 6; 1979, c. 38, s. 12; 1985, c. 25, s. 64; 1986, c. 15, s. 75; 1994, c. 22, s. 150; 1995, c. 1, s. 39.

354. (Repealed).

1972, c. 23, s. 323; 1975, c. 21, s. 13; 1985, c. 25, s. 64; 1986, c. 15, s. 76; 1988, c. 4, s. 32; 1989, c. 5, s. 62; 1990, c. 7, s. 16; 1991, c. 8, s. 7; 1992, c. 1, s. 32; 1994, c. 22, s. 151; 1995, c. 1, s. 39.

355. (Repealed).

1972, c. 23, s. 324; 1972, c. 26, s. 46; 1985, c. 25, s. 64; 1986, c. 15, s. 77; 1988, c. 4, s. 33; 1989, c. 5, s. 63; 1994, c. 22, s. 152; 1995, c. 1, s. 39.

355.1. (Repealed).

1989, c. 5, s. 64; 1993, c. 16, s. 139; 1995, c. 1, s. 39.

356. (Repealed).

1972, c. 23, s. 325; 1985, c. 25, s. 64; 1986, c. 15, s. 78; 1995, c. 1, s. 39.

356.0.1. (Repealed).

1986, c. 15, s. 78; 1995, c. 1, s. 39.

356.1. (Repealed).

1981, c. 24, s. 14; 1985, c. 25, s. 64; 1986, c. 15, s. 79.

356.2. (Replaced).

1981, c. 24, s. 14; 1985, c. 25, s. 64.

CHAPTER IX

Repealed, 1984, c. 15, s. 83.

1984, c. 15, s. 83.

357. (Repealed).

1972, c. 23, s. 326; 1975, c. 22, s. 66; 1977, c. 26, s. 33; 1978, c. 26, s. 56; 1984, c. 15, s. 83.

358. (Repealed).

1975, c. 22, s. 67; 1982, c. 5, s. 81; 1984, c. 15, s. 83.

CHAPTER IX.0.1 DEDUCTION FOR GOODS AND SERVICES TO SUPPORT A DISABLED PERSON

1991, c. 25, s. 72; 2005, c. 38, s. 73; 2006, c. 36, s. 38.

358.0.1. An individual who files with the individual’s fiscal return under this Part for a taxation year, other than a return filed under the second paragraph of section 429 or any of sections 681, 782 and 1003, a prescribed form containing the prescribed information may deduct in computing the individual’s income for the year the lesser of

(a)  the amount determined by the formula

A - B; and

(b)  the aggregate of all amounts each of which is

i.  an amount included under any of sections 32 to 58.3 in computing the individual’s income for the year from an office or employment,

ii.  the individual’s income for the year from a business carried on either alone or as a partner actively engaged in the business,

iii.  an amount included under any of paragraphs e.2 to e.6 of section 311 or paragraph g or h of section 312 in computing the individual’s income for the year, or

iv.  the amount determined under the third paragraph, where the individual is attending an educational institution referred to in section 358.0.2, or a secondary school, at which the individual is enrolled in an educational program;

(c)  (subparagraph repealed).

In the formula in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount paid by the individual in the year and that

i.  was paid to enable the individual to perform the duties of an office or employment, to carry on a business either alone or as a partner actively engaged in the business, to carry on research or any similar work in respect of which the individual received a grant, or to attend an educational institution referred to in section 358.0.2, or a secondary school, at which the individual is enrolled in an educational program,

ii.  was paid

(1)  where the individual has a speech or hearing impairment, for the cost of sign-language interpretation services or real time captioning services and to a person engaged in the business of providing such services,

(2)  where the individual is deaf or mute, for the cost of a teletypewriter or similar device, including a telephone ringing indicator, prescribed by a practitioner, to enable the individual to make and receive telephone calls,

(3)  where the individual is blind, for the cost of a device or equipment, including synthetic speech systems, Braille printers, and large-print on-screen devices, prescribed by a practitioner, and designed to be used by blind individuals in the operation of a computer,

(4)  where the individual is blind, for the cost of an optical scanner or similar device, prescribed by a practitioner, and designed to be used by blind individuals to enable them to read print,

(5)  where the individual is mute, for the cost of an electronic speech synthesizer, prescribed by a practitioner, and designed to be used by mute individuals to enable them to communicate by use of a portable keyboard,

(6)  where the individual has an impairment in mental or physical functions, for the cost of note-taking services and to a person engaged in the business of providing such services, if the individual has been certified in writing by a practitioner to be a person who, because of that impairment, requires those services,

(7)  where the individual has an impairment in physical functions, for the cost of voice recognition software, if the individual has been certified in writing by a practitioner to be a person who, because of that impairment, requires that software,

(8)  where the individual has a learning disability or an impairment in mental functions, for the cost of tutoring services that are rendered to, and supplementary to the primary education of, the individual and to a person ordinarily engaged in the business of providing such services to persons who are not related to the person, if the individual has been certified in writing by a practitioner to be a person who, because of that disability or impairment, requires those services,

(9)  where the individual has a perceptual disability, for the cost of talking textbooks used by the individual in connection with the individual’s enrolment at a secondary school in Canada or at an educational institution described in section 358.0.2, if the individual has been certified in writing by a practitioner to be a person who, because of that disability, requires those textbooks,

(10)  where the individual has an impairment in mental or physical functions, for the cost of attendant care services provided in Canada and to a person who is neither the individual’s spouse nor under 18 years of age, if the individual is a taxpayer in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year, or if the individual has been certified in writing by a practitioner to be a person who is, and is likely to be indefinitely, dependent on others for personal needs and care and who as a result requires a full-time attendant,

(11)  where the individual has a severe and prolonged impairment in mental or physical functions, for the cost of job coaching services, excluding job placement or career counselling services, and to a person engaged in the business of providing such services if the individual has been certified in writing by a practitioner to be a person who, because of that impairment, requires those services,

(12)  where the individual is blind or has a severe learning disability, for the cost of reading services and to a person engaged in the business of providing such services, if the individual has been certified in writing by a practitioner to be a person who, because of that impairment or disability, requires those services,

(13)  where the individual is blind and profoundly deaf, for the cost of deaf-blind intervening services and to a person engaged in the business of providing such services,

(14)  where the individual has a speech impairment, for the cost of a device that is a Bliss symbol board, or a similar device, that is prescribed by a practitioner to help the individual communicate by selecting the symbols or spelling out words,

(15)  where the individual is blind, for the cost of a device that is a Braille note-taker, prescribed by a practitioner, to allow the individual to take notes, with the help of a keyboard, that the device can read back to the individual, or print or display in Braille,

(16)  where the individual has a severe and prolonged impairment in physical functions that markedly restricts the individual’s ability to use his or her arms or hands, for the cost of a device that is a page turner prescribed by a practitioner to help the individual to turn the pages of a book or other bound document, and

(17)  where the individual is blind, or has a severe learning disability, for the cost of a device or software that is prescribed by a practitioner and designed to enable the individual to read print, and

iii.  is not included in computing a deduction under sections 752.0.11 to 752.0.13.0.1 for any taxpayer and for any taxation year; and

(b)  B is the aggregate of all amounts each of which is the amount of a reimbursement or any other form of assistance, other than a prescribed amount or an amount that is included in computing a taxpayer’s income and that is not deductible in computing the taxpayer’s taxable income, that any taxpayer is or was entitled to receive in respect of an amount described in subparagraph a.

The amount to which subparagraph iv of subparagraph b of the first paragraph refers is the least of

(a)  $15,000;

(b)  the product obtained by multiplying $375 by the number of weeks in the year during which the individual attends the educational institution or secondary school; and

(c)  the amount by which the individual’s income for the year, determined without reference to this section, exceeds the aggregate of all amounts each of which is an amount determined under any of subparagraphs i to iii of subparagraph b of the first paragraph in respect of the individual for the year.

However, the payment of an amount described in subparagraph a of the second paragraph may be included in computing a deduction under the first paragraph only if proof of payment of the amount is given by filing with the Minister one or more receipts issued by the payee, including, if the payee is an individual referred to in subparagraph 10 of subparagraph ii of that subparagraph a, the Social Insurance Number of the latter individual.

1991, c. 25, s. 72; 1993, c. 16, s. 140; 1993, c. 64, s. 32; 1996, c. 39, s. 273; 1997, c. 14, s. 66; 1997, c. 31, s. 46; 2000, c. 5, s. 92; 2001, c. 51, s. 38; 2003, c. 2, s. 112; 2005, c. 38, s. 74; 2006, c. 36, s. 39; 2009, c. 5, s. 127; 2010, c. 5, s. 40.

358.0.2. The educational institution to which section 358.0.1 refers is

(a)  an educational institution in Canada that is

i.  a university, college or other educational institution designated by the Lieutenant Governor in Council of a province under the Canada Student Loans Act (Revised Statutes of Canada, 1985, chapter S-23), designated by an appropriate authority under the Canada Student Financial Assistance Act (Statutes of Canada, 1994, chapter 28), or designated by the Minister of Education, Recreation and Sports for the purposes of the Act respecting financial assistance for education expenses (chapter A-13.3), or

ii.  recognized by the Minister to be an educational institution providing courses, other than courses designed for university credit, that furnish a person with skills for, or improve a person’s skills in, an occupation;

(b)  a university outside Canada at which the individual was enrolled in a course, for a period of at least 13 consecutive weeks, leading to a degree, or

(c)  an educational institution in the United States that is a university, college or other institution providing post-secondary education, if the individual resided in Canada throughout the year near the boundary between Canada and the United States, and commuted between the individual’s residence and that educational institution.

2003, c. 2, s. 113; 2005, c. 28, s. 195; 2005, c. 38, s. 75.

CHAPTER IX.0.2 DEDUCTION TO WORKERS

2005, c. 38, s. 76.

358.0.3. An individual, other than a trust, may deduct in computing the individual’s income for a taxation year the lesser of $1,000 and 6% of the aggregate of all amounts, other than those described in the second paragraph, each of which is

(a)  an amount included under any of sections 32 to 58.3 in computing the individual’s income for the year from an office or employment;

(b)  the amount by which the individual’s income for the year from any business the individual carries on either alone or as a partner actively engaged in the business exceeds the aggregate of the individual’s losses for the year from such businesses;

(c)  an amount included in computing the individual’s income for the year under paragraph e.2 or e.6 of section 311; or

(d)  an amount included in computing the individual’s income for the year under paragraph h of section 312.

The amounts to which the first paragraph refers are

(a)  the amounts included in computing the individual’s income for the year from an office or employment held by the individual as an elected member of a municipal council, a member of the council or executive committee of a metropolitan community, regional county municipality or other similar body established under an Act of the Legislature of Québec, a member of a municipal utilities commission or corporation or any other similar body administering such utilities or a member of a public or separate school board or any other similar body administering a school district;

(b)  the amounts included in computing the individual’s income for the year from an office held by the individual as a member of the National Assembly, the House of Commons of Canada, the Senate or the legislature of another province;

(b.1)  the amounts included in computing the individual’s income for the year from an office or employment, if each of those amounts is the value of a benefit received or enjoyed by the individual in the year because of a previous office or employment; and

(c)  if the individual is an Indian, within the meaning assigned to that expression by section 725.0.1, the amount the individual included in computing the individual’s income for the year and that is described in paragraph e of section 725.

2005, c. 38, s. 76; 2006, c. 36, s. 40; 2010, c. 5, s. 41.

CHAPTER IX.1

Repealed, 1995, c. 63, s. 37.

1988, c. 4, s. 34; 1995, c. 63, s. 37.

DIVISION I

Repealed, 1989, c. 5, s. 65.

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.1. (Repealed).

1988, c. 4, s. 34; 1988, c. 18, s. 24; 1989, c. 5, s. 65.

358.2. (Repealed).

1988, c. 4, s. 34; 1988, c. 18, s. 24; 1989, c. 5, s. 65.

358.3. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.4. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

DIVISION II

Repealed, 1989, c. 5, s. 65.

1988, c. 4, s. 34; 1989, c. 5, s. 65.

§ 1 . —

Repealed, 1989, c. 5, s. 65.

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.5. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

§ 2 . —

Repealed, 1989, c. 5, s. 65.

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.6. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.7. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.8. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.9. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

§ 3 . —

Repealed, 1989, c. 5, s. 65.

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.10. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.11. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

DIVISION III

Repealed, 1995, c. 63, s. 37.

1988, c. 4, s. 34; 1995, c. 63, s. 37.

358.12. (Repealed).

1988, c. 4, s. 34; 1989, c. 5, s. 65.

358.13. (Repealed).

1989, c. 5, s. 66; 1990, c. 7, s. 18; 1995, c. 63, s. 37.

CHAPTER X DEVELOPMENT OF NATURAL RESOURCES

1972, c. 23.

DIVISION I GENERAL RULES

1975, c. 22, s. 68.

359. In this chapter,

(a)  “outlay” or “expense” made or incurred by a taxpayer before a particular time does not include any amount paid or payable for services to be rendered after that time or any amount paid or payable as rent for a period after that time, but includes an amount designated by him at that time, under paragraph b of section 622 or 628, as a cost in respect of property that is a Canadian resource property or a foreign resource property;

(b)  “mining business” means an activity described in subparagraph a or a.1 of the first paragraph of section 363 with respect to minerals or in any of subparagraphs b to e, f.1 or g of the first paragraph of that section, and a transaction concerning a property described in any of paragraphs a to f of section 370 that may reasonably be related to minerals;

(c)  “oil business” means an activity described in subparagraph a or a.1 of the first paragraph of section 363, except with respect to minerals, or in subparagraph f of the first paragraph of that section, and a transaction concerning a property described in any of paragraphs a to f of section 370, that may reasonably be related to petroleum or natural gas, and that is not contemplated in paragraph b;

(c.0.1)  “assistance” means any amount, other than a prescribed amount, received or receivable at any time from a person or government, municipality or other public authority whether such amount is by way of a grant, subsidy, rebate, forgivable loan, deduction from royalty or tax, rebate of royalty or tax, investment allowance or any other form of assistance or benefit;

(c.1)  “proceeds of disposition” has the meaning assigned by section 251;

(d)  (paragraph repealed).

1975, c. 22, s. 68; 1982, c. 5, s. 82; 1984, c. 15, s. 84; 1985, c. 25, s. 65; 1986, c. 19, s. 67; 1987, c. 67, s. 79; 1988, c. 18, s. 26; 1993, c. 16, s. 141; 1995, c. 49, s. 80; 1998, c. 16, s. 118; 1999, c. 83, s. 53; 2001, c. 53, s. 260; 2003, c. 2, s. 114.

DIVISION I.1 FLOW-THROUGH SHARES

1988, c. 18, s. 27.

359.1. In this chapter, “flow-through share” means a share, other than a prescribed share, of the capital stock of a development corporation that is issued to a person pursuant to an agreement in writing entered into between the person and the development corporation after 28 February 1986, under which the corporation agrees, for consideration that does not include property to be exchanged or transferred by the person under the agreement in circumstances in which Division XIII of Chapter IV of Title IV or any of Chapters IV, V and VI of Title IX applies,

(a)  to incur, in the period that begins on the day the agreement was entered into and ends 24 months after the end of the month that includes that day, Canadian exploration expenses or Canadian development expenses in an amount not less than the consideration for which the share is to be issued; and

(b)  to renounce, before 1 March of the first calendar year that begins after that period, in prescribed form to the person in respect of the share, an amount in respect of the Canadian exploration expenses or Canadian development expenses so incurred by it not exceeding the consideration received by the corporation for the share.

In this chapter, flow-through share includes a right of a person to have a share referred to in the first paragraph issued to him and any interest acquired in such a share by a person pursuant to an agreement referred to in the first paragraph.

In this chapter, “selling instrument” in respect of flow-through shares means a prospectus, registration statement, offering memorandum, term sheet or other similar document that describes the terms of the offer, including the price and number of shares, pursuant to which a corporation offers to issue flow-through shares.

1988, c. 18, s. 27; 1993, c. 16, s. 142; 1995, c. 49, s. 81; 1997, c. 3, s. 71; 1998, c. 16, s. 119; 2002, c. 40, s. 35; 2004, c. 21, s. 76; 2005, c. 23, s. 51.

359.1.1. For the purposes of this division, a renunciation made by a corporation under section 359.2, 359.2.1 or 359.4 in respect of a share is effective on the date on which the renunciation is made by the corporation or on an earlier date set out in the form prescribed for the purposes of section 359.12.

1995, c. 49, s. 82; 1997, c. 3, s. 71; 1998, c. 16, s. 120.

359.2. Where a person gave consideration under an agreement to a corporation for the issue of a flow-through share of the corporation and, in the period that begins on the day the agreement was entered into and ends 24 months after the end of the month that includes that day, the corporation incurred Canadian exploration expenses, the corporation may, after it complies with section 359.10 in respect of the share and before 1 March of the first calendar year that begins after that period, renounce to the person in respect of the share the amount by which the part of those expenses incurred by it on or before the effective date of the renunciation, which part is in this section referred to as the “specified expenses”, exceeds the aggregate of

(a)  the assistance that the corporation has received, is entitled to receive, or may reasonably expect to receive at any time, and that can reasonably be related to the specified expenses or to Canadian exploration activities to which the specified expenses relate, other than assistance that can reasonably be related to expenses referred to in subparagraph b or b.1;

(b)  all specified expenses that are prescribed Canadian exploration and development overhead expenses of the corporation;

(b.1)  all specified expenses each of which is a cost of, or for the use of, seismic data

i.  that had been acquired, otherwise than as a consequence of performing work that resulted in the creation of the data, by any other person before the cost was incurred,

ii.  in respect of which a right to use had been acquired by any other person before the cost was incurred, or

iii.  all or substantially all of which resulted from work performed more than one year before the cost was incurred; and

(c)  the aggregate of amounts that are renounced by the corporation on or before the date on which the renunciation is made by any other renunciation under this section in respect of those expenses.

Notwithstanding the first paragraph, the amount that may be renounced by the corporation must not in any case exceed

(a)  the amount by which the consideration for the share exceeds the aggregate of other amounts renounced under this section or section 359.2.1 or 359.4 by the corporation in respect of the share on or before the day on which the renunciation is made; or

(b)  the amount by which the cumulative Canadian exploration expense of the corporation on the effective date of the renunciation computed before taking into account any amounts renounced by the corporation under this section on the date on which the renunciation is made, exceeds the aggregate of all amounts renounced by the corporation under this section in respect of any other share on the date on which the renunciation is made, and effective on or before the effective date of the renunciation.

1988, c. 18, s. 27; 1995, c. 49, s. 83; 1997, c. 3, s. 71; 1998, c. 16, s. 121.

359.2.1. Where a person gave consideration under an agreement to a corporation for the issue of a flow-through share of the corporation, the corporation’s paid-up capital amount at the time the consideration was given was not more than $15,000,000, and during the period beginning on the later of 3 December 1992 and the particular day the agreement was entered into and ending on the day that is 24 months after the end of the month that included that particular day, the corporation incurred Canadian development expenses described in paragraph a or a.1 of section 408 or that would be described in paragraph d of that section if the words “expenses described in paragraphs a to c” in that paragraph were read as “expenses described in paragraph a or a.1”, the corporation may, after it complies with section 359.10 in respect of the share and before 1 March of the first calendar year that begins after that period, renounce to the person in respect of the share the amount by which the part of those expenses incurred by it on or before the effective date of the renunciation, which part is in this section referred to as the “specified expenses”, exceeds the aggregate of

(a)  the assistance that the corporation has received, is entitled to receive, or may reasonably expect to receive at any time, and that can reasonably be related to the specified expenses or Canadian development activities to which the specified expenses relate, other than assistance that can reasonably be related to expenses referred to in paragraph b;

(b)  all specified expenses that are prescribed Canadian exploration and development overhead expenses of the corporation;

(c)  all amounts that are renounced by the corporation on or before the day on which the renunciation is made by any other renunciation under this section or section 359.4 in respect of those expenses.

1995, c. 49, s. 84; 1997, c. 3, s. 71; 1998, c. 16, s. 122.

359.2.2. A corporation is deemed not to have renounced any particular amount under section 359.2.1 in respect of a share where

(a)  the particular amount exceeds the amount by which the consideration for the share exceeds the aggregate of other amounts renounced under section 359.2, 359.2.1 or 359.4 by the corporation in respect of the share on or before the day on which the renunciation is made;

(b)  the particular amount exceeds the amount by which the cumulative Canadian development expense of the corporation on the effective date of the renunciation, computed before taking into account any amounts renounced under section 359.2.1 by the corporation on the day on which the renunciation is made, exceeds the aggregate of all amounts renounced by the corporation under this section in respect of any other share on the day on which the renunciation is made, and effective on or before the effective date of the renunciation; or

(c)  the particular amount relates to Canadian development expenses incurred by the corporation in a calendar year and the total amounts renounced, on or before the day on which the renunciation is made, under section 359.2.1 in respect of Canadian development expenses incurred by the corporation in that calendar year or by another corporation associated with the corporation at the time the other corporation incurred such expenses exceeds $1,000,000.

1995, c. 49, s. 84; 1997, c. 3, s. 71; 1998, c. 16, s. 123.

359.2.3. For the purposes of section 359.2.1, a corporation’s paid-up capital amount at any time is the aggregate of

(a)  its paid-up capital determined for its last taxation year that ended more than 30 days before that time; and

(b)  the aggregate of all amounts each of which is the paid-up capital of another corporation associated at that time with the corporation, determined for the other corporation’s last taxation year that ended more than 30 days before that time.

1998, c. 16, s. 124.

359.2.4. For the purpose of determining the paid-up capital amount at a particular time under section 359.2.3 of any corporation and for the purposes of this section, a corporation that was created as a consequence of an amalgamation or merger of other corporations, each of which is in this section referred to as a “predecessor corporation”, and that does not have a taxation year that ended more than 30 days before the particular time, is deemed to have paid-up capital for a taxation year that ended more than 30 days before the particular time equal to the aggregate of all amounts each of which is the paid-up capital of a predecessor corporation for its last taxation year that ended more than 30 days before the particular time.

1998, c. 16, s. 124.

359.2.5. For the purpose of determining the paid-up capital amount at a particular time under section 359.2.3 of a corporation and for the purposes of section 359.2.4, a particular corporation’s paid-up capital for a taxation year is its paid-up capital that would be determined for the year in accordance with Title I of Book III of Part IV if no reference were made to section 1138.2.6 and to the portion of the amount that the corporation may deduct under section 1138 that is attributable to shares of the capital stock of, or indebtedness of, another corporation that

(a)  was not associated with the particular corporation at the particular time; and

(b)  was associated with the particular corporation at the end of the particular corporation’s last taxation year that ended more than 30 days before that time.

1998, c. 16, s. 124; 2009, c. 15, s. 82.

359.3. Subject to sections 359.11 to 359.12.0.1, where a corporation renounces an amount to a person under section 359.2 or 359.2.1, the following rules apply:

(a)  the Canadian exploration expenses or Canadian development expenses to which the amount relates are deemed to be Canadian exploration expenses incurred in that amount by the person on the effective date of the renunciation; and

(b)  the Canadian exploration expenses or Canadian development expenses to which the amount relates are, except in respect of that renunciation, deemed on and after the effective date of the renunciation never to have been Canadian exploration expenses or Canadian development expenses incurred by the corporation.

1988, c. 18, s. 27; 1993, c. 16, s. 143; 1995, c. 49, s. 85; 1997, c. 3, s. 71.

359.4. Where a person gave consideration under an agreement to a corporation for the issue of a flow-through share of the corporation and, in the period that begins on the day the agreement was entered into and ends 24 months after the end of the month that includes that day, the corporation incurred Canadian development expenses, the corporation may, after it complies with section 359.10 in respect of the share and before 1 March of the first calendar year that begins after the period, renounce to the person in respect of the share an amount equal to the amount by which the part of those expenses incurred by it on or before the effective date of the renunciation, which part is in this section referred to as the “specified expenses”, exceeds the aggregate of

(a)  the assistance that the corporation has received, is entitled to receive or may reasonably expect to receive at any time, and that can reasonably be related to the specified expenses or to Canadian development activities to which the specified expenses relate, other than assistance that can reasonably be related to expenses referred to in subparagraph b or b.1;

(b)  all specified expenses that are prescribed Canadian exploration and development overhead expenses of the corporation;

(b.1)  all specified expenses that are described in paragraph c of section 408 or that are described in paragraph d of that section because of the reference in the latter paragraph to paragraph c of section 408; and

(c)  the aggregate of amounts that are renounced by the corporation on or before the date on which the renunciation is made by any other renunciation under this section or section 359.2.1 in respect of those expenses.

Notwithstanding the first paragraph, the amount that may be renounced by the corporation must not in any case exceed

(a)  the amount by which the consideration for the share exceeds the aggregate of other amounts renounced in respect of the share by the corporation under this section or section 359.2 or 359.2.1 on or before the day on which the renunciation is made; or

(b)  the amount by which the cumulative Canadian development expense of the corporation on the effective date of the renunciation computed before taking into account any amounts renounced by the corporation under this section on the date on which the renunciation is made, exceeds the aggregate of all amounts renounced by the corporation under this section in respect of any other share on the date on which the renunciation is made, and effective on or before the effective date of the renunciation.

1988, c. 18, s. 27; 1995, c. 49, s. 86; 1997, c. 3, s. 71; 1998, c. 16, s. 125.

359.5. Subject to sections 359.11 to 359.12.0.1, where a corporation renounces an amount to a person under section 359.4, the following rules apply:

(a)  the Canadian development expenses to which the amount relates are deemed to be Canadian development expenses incurred in that amount by the person on the effective date of the renunciation;

(b)  the Canadian development expenses to which the amount relates are, except for the purposes of that renunciation, deemed on and after the effective date of the renunciation never to have been Canadian development expenses incurred by the corporation.

1988, c. 18, s. 27; 1993, c. 16, s. 144; 1997, c. 3, s. 71.

359.6. (Repealed).

1988, c. 18, s. 27; 1995, c. 49, s. 87; 1997, c. 3, s. 71; 1998, c. 16, s. 126.

359.7. (Repealed).

1988, c. 18, s. 27; 1993, c. 16, s. 145; 1997, c. 3, s. 71; 1998, c. 16, s. 126.

359.8. Where a corporation that issues a flow-through share to a person under an agreement incurs, in a particular calendar year, Canadian exploration expenses or Canadian development expenses, the corporation is, for the purposes of section 359.2 or for the purposes of section 359.2.1 and paragraph b of section 359.2.2, as the case may be, deemed to have incurred the expenses on the last day of the preceding calendar year, provided that

(a)  the expenses

i.  are described in any of paragraphs a, b.1, c and c.2 of section 395 or paragraph a or a.1 of section 408,

ii.  would be described in paragraph d of section 395 if the reference therein to paragraphs a to b.1 and c to c.2 were read as a reference to paragraphs a, b.1, c and c.2 of that section, or

iii.  would be described in paragraph d of section 408 if the reference therein to paragraphs a to c were read as a reference to paragraphs a and a.1 of that section;

(a.1)  the agreement was entered into in the preceding calendar year;

(b)  the person paid the consideration for the share in money before the end of the preceding calendar year;

(c)  the corporation and the person deal with each other at arm’s length throughout the particular calendar year; and

(d)  in one of the first three months of the particular calendar year, the corporation renounces an amount in respect of the expenses to the person in respect of the share in accordance with section 359.2 or 359.2.1, as the case may be, and the effective date of the renunciation is the last day of the preceding calendar year.

1988, c. 18, s. 27; 1990, c. 59, s. 157; 1995, c. 49, s. 88; 1997, c. 3, s. 71; 1998, c. 16, s. 127; 2000, c. 5, s. 93; 2005, c. 1, s. 92.

359.8.1. A corporation that issues a flow-through share to a person under an agreement and incurs, under the agreement and in a particular calendar year, expenses (in this section referred to as “Québec exploration expenses”) that relate to a renunciation in respect of which an amount would be included in the aggregate described in subparagraph a of the second paragraph of section 1129.60 for the purpose of computing the tax that it would be required, but for this section, to pay for a month included in the preceding calendar year under section 1129.60, is, for the purposes of either section 359.2 or section 359.2.1 and paragraph b of section 359.2.2, deemed to have incurred the expenses on the last day of the calendar year that precedes the preceding calendar year, if

(a)  section 359.8 applied in respect of the Québec exploration expenses that the corporation incurred under the agreement in the preceding calendar year and that relate to the renunciation;

(b)  the agreement stipulates that the Québec exploration expenses were to be incurred in the preceding calendar year; and

(c)  the Minister is of the opinion that the Québec exploration expenses that were to be incurred under the agreement in the preceding calendar year could not be incurred because of circumstances beyond the corporation’s control.

2009, c. 5, s. 128.

359.9. A corporation is deemed

(a)  not to have renounced under any of sections 359.2, 359.2.1 and 359.4 any expenses that are deemed to have been incurred by it because of a renunciation under this chapter by another corporation that is not related to it;

(b)  not to have renounced under section 359.2.1 to a corporation, trust or partnership any Canadian development expenses if, in respect of the renunciation, it has a prohibited relationship with the corporation, trust or partnership and if the expenses are not expenses renounced to another corporation that renounces under section 359.2 any Canadian exploration expense deemed to have been incurred by it because of the renunciation under section 359.2.1;

(c)  not to have renounced under section 359.2.1 any Canadian development expenses deemed to have been incurred by it because of a renunciation under section 359.4; and

(d)  not to have renounced under section 359.2 to a corporation, trust or partnership any Canadian exploration expenses that are deemed to have been incurred by it because of a renunciation under section 359.2.1 if, in respect of the renunciation under section 359.2, it has a prohibited relationship with the corporation, trust or partnership and if the expenses are not expenses ultimately renounced by another corporation under section 359.2 to an individual, other than a trust, or to a corporation, trust or partnership with which that other corporation does not have, in respect of that ultimate renunciation, a prohibited relationship.

1988, c. 18, s. 27; 1995, c. 49, s. 89; 1997, c. 3, s. 71; 1998, c. 16, s. 128.

359.9.1. For the purposes of section 359.9, where a corporation, in paragraph b referred to as the “shareholder corporation”, trust or partnership gave consideration under a particular agreement for the issue of a flow-through share of a particular corporation, the particular corporation has, in respect of a renunciation under section 359.2 or 359.2.1 in respect of the share, a prohibited relationship

(a)  with the trust if, at any time after the particular agreement was entered into and before the share is issued to the trust, the particular corporation or any corporation related to it is beneficially interested in the trust;

(b)  with the shareholder corporation if, immediately before the particular agreement was entered into, the shareholder corporation was related to the particular corporation; or

(c)  with the partnership if any part of the amount renounced would, but for the second paragraph of section 359.12, be included, because of paragraph d of section 395, in the Canadian exploration expense of

i.  the particular corporation, or

ii.  any other corporation that, at any time after the particular agreement was entered into and before that part of the amount renounced would, but for this paragraph, be incurred, would, if flow-through shares issued by the particular corporation under agreements entered into at the same time as or after the time the particular agreement was entered into were disregarded, be related to the particular corporation.

1995, c. 49, s. 90; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 129.

359.10. A corporation that agrees to issue or prepares a selling instrument in respect of flow-through shares shall file with the Minister a prescribed form together with the amount of $200 and a copy of the selling instrument or agreement to issue the shares on or before the last day of the month following the earlier of

(a)  the month in which the agreement to issue the shares is entered into, and

(b)  the month in which the selling instrument is first delivered to a potential investor.

The Minister shall assign an identification number to the prescribed form and notify the corporation of the number.

1988, c. 18, s. 27; 1992, c. 31, s. 1; 1996, c. 39, s. 107; 1997, c. 3, s. 71.

359.11. Where, in a fiscal period of a partnership, an expense is incurred by the partnership as a consequence of a renunciation of an amount under section 359.2, 359.2.1 or 359.4, the partnership shall, before the end of the third month following the end of the fiscal period, file with the Minister the prescribed form identifying the share of the expense attributable to each member of the partnership at the end of that fiscal period.

Where the form required to be filed under the first paragraph is not so filed, except for the purposes of the first paragraph the partnership is deemed not to have incurred the expense referred to in that paragraph.

1988, c. 18, s. 27; 1993, c. 16, s. 146; 1995, c. 49, s. 91; 1997, c. 3, s. 71; 1998, c. 16, s. 130.

359.11.1. Where a partnership receives or becomes entitled to receive assistance as a mandatary of its members or former members at a particular time in respect of any Canadian exploration expense or Canadian development expense that is or, but for paragraph b of sections 359.3 and 359.5, would be incurred by a corporation, the following rules apply:

(a)  where the entitlement of any such member or former member to any part of such assistance is known by the partnership as of the end of the partnership’s first fiscal period ending after the particular time and that part of such assistance was not required to be reported under paragraph b in respect of a calendar year ending before the end of that fiscal period, the partnership shall, on or before the last day of the third month following the end of that fiscal period, file with the Minister a prescribed form indicating the share of that part of such assistance paid to each such member or former member before the end of that fiscal period or to which each such member or former member is entitled at the end of that fiscal period;

(b)  where the entitlement of any such member or former member to any part of such assistance is known by the partnership at the end of a calendar year that ends after the particular time and that part of such assistance was not required to be reported under paragraph a in respect of a fiscal period ending on or before the end of that calendar year, or under this paragraph in respect of a preceding calendar year, the partnership shall, on or before the last day of the third month following the end of that calendar year, file with the Minister a prescribed form indicating the share of that part of such assistance paid to each such member or former member before the end of that fiscal period or to which each such member or former member is entitled at the end of that calendar year;

(c)  where the prescribed form required to be filed under paragraph a or b is not so filed, the part of such expense relating to the assistance required to be reported in the prescribed form is deemed not to have been incurred by the partnership.

1993, c. 16, s. 147; 1997, c. 3, s. 71; 1998, c. 16, s. 131.

359.12. Where a corporation renounces an amount in respect of Canadian exploration expenses or Canadian development expenses under section 359.2, 359.2.1 or 359.4, the corporation shall file the prescribed form in respect of the renunciation with the Minister before the end of the first month following the month in which the renunciation is made.

Where the form required to be filed under the first paragraph is not so filed, sections 359.3 and 359.5 do not apply in respect of the amount referred to in the first paragraph that the corporation has renounced.

1988, c. 18, s. 27; 1993, c. 16, s. 148; 1995, c. 49, s. 92; 1997, c. 3, s. 71; 1998, c. 16, s. 132.

359.12.0.1. Where a corporation receives or becomes entitled to receive assistance as a mandatary in respect of any Canadian exploration expense or Canadian development expense that is or, but for paragraph b of sections 359.3 and 359.5, would be incurred by the corporation, the corporation shall, before the end of the first month following the particular month in which it first becomes known to the corporation that a person who holds a flow-through share of the corporation is entitled to a share of any part of the assistance, file with the Minister the prescribed form identifying the share of that part of the assistance to which each of those persons is entitled at the end of the particular month.

Where the form required to be filed under the first paragraph is not so filed, except for the purpose of the first paragraph the corporation is deemed not to have incurred the expense referred to in the first paragraph to which the assistance relates.

1993, c. 16, s. 149; 1997, c. 3, s. 71; 1998, c. 16, s. 132.

359.12.1. A corporation or partnership may file with the Minister a document referred to in any of sections 359.10 to 359.12.0.1 after the particular day on or before which the document is required to be filed under the applicable section, if

(a)  the document is filed on or before the day that is 90 days after the particular day, or after that day where, in the opinion of the Minister, the circumstances are such that it would be just and equitable to permit the document to be filed, and

(b)  the corporation or partnership, as the case may be, pays to the Minister at the time of filing the penalty prescribed in section 359.12.2 in respect of the late filing.

The document filed in accordance with the first paragraph is deemed, except for the purposes of this section and section 359.12.2, to have been filed with the Minister on the day on or before which it was required to be filed under any of sections 359.10 to 359.12.0.1, as the case may be.

1990, c. 59, s. 158; 1993, c. 16, s. 150; 1997, c. 3, s. 71.

359.12.1.1. Where a corporation purports to renounce an amount under section 359.2, 359.2.1 or 359.4 after the period in which the corporation was entitled to renounce the amount, the amount is deemed, except for the purposes of this section and sections 359.12 and 359.12.2, to have been renounced at the end of the period if

(a)  the corporation renounces the amount on or before the day that is 90 days after the end of that period, or after the day that is 90 days after the end of that period where, in the opinion of the Minister, the circumstances are such that it would be just and equitable that the amount be renounced; and

(b)  the corporation pays to the Minister the penalty payable under section 359.12.2 in respect of the renunciation on or before the day that is 90 days after the day of the renunciation.

1995, c. 49, s. 93; 1997, c. 3, s. 71; 1998, c. 16, s. 133.

359.12.2. For the purposes of sections 359.12.1 and 359.12.1.1, the penalty in respect of the late filing of a document referred to in any of sections 359.10 to 359.12.0.1, or in respect of a renunciation referred to in section 359.12.1.1, is equal to the lesser of $15,000 and

(a)  where the penalty is in respect of the late filing of a document referred to in section 359.10, 359.11 or 359.12, the greater of $100 and 0.25% of the maximum amount in respect of the Canadian exploration expenses and Canadian development expenses renounced or attributed or to be renounced or attributed as set out in the document;

(b)  where the penalty is in respect of the late filing of a document referred to in section 359.11.1 or 359.12.0.1, the greater of $100 and 0.25% of the assistance reported in the document;

(c)  where the penalty is in respect of a renunciation referred to in section 359.12.1.1, the greater of $100 and 0.25% of the amount of the renunciation.

1990, c. 59, s. 158; 1993, c. 16, s. 150; 1995, c. 49, s. 94; 1998, c. 16, s. 134.

359.13. A corporation may renounce an amount under section 359.2, 359.2.1 or 359.4 in respect of Canadian exploration expenses or Canadian development expenses incurred by it only to the extent that, but for the renunciation, it would be entitled to a deduction in respect of the expenses in computing its income.

1988, c. 18, s. 27; 1995, c. 49, s. 95; 1997, c. 3, s. 71; 1998, c. 16, s. 135.

359.14. (Repealed).

1988, c. 18, s. 27; 1993, c. 16, s. 151; 1995, c. 49, s. 96; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1998, c. 16, s. 136.

359.15. Where the amount that a corporation purports to renounce to a person under section 359.2, 359.2.1 or 359.4 exceeds the amount that it can renounce to the person under that section, the following rules apply:

(a)  the corporation shall file a statement with the Minister in prescribed form where

i.  the Minister sends a notice in writing to the corporation demanding the statement, or

ii.  the excess arose as a consequence of a renunciation purported to be made in a calendar year under section 359.2 or 359.2.1 because of the application of section 359.8, if the corporation knew or ought to have known of all or part of the excess,

(1)  if section 359.8.1 applies in respect of expenses that were incurred in the calendar year that follows that in which the purported renunciation was made and that relate to the renunciation, at the end of that subsequent calendar year, and

(2)  in any other case, at the end of the calendar year;

(b)  where subparagraph i of subparagraph a applies, the statement shall be filed not later than 30 days after the Minister sends a notice referred to therein;

(c)  if subparagraph ii of subparagraph a applies, the statement must be filed,

i.  if section 359.8.1 applies in respect of expenses that were incurred in the calendar year that follows that in which the purported renunciation was made and that relate to the renunciation, before 1 March of the year that follows that subsequent calendar year, and

ii.  in any other case, before 1 March of the calendar year that follows that in which the purported renunciation was made by the corporation; and

(d)  except for the purposes of Part III.14, any amount that is purported to have been so renounced to any person is deemed, after the statement is filed with the Minister, to have always been reduced by the portion of the excess identified in the statement in respect of that purported renunciation.

Where a corporation fails in the statement referred to in the first paragraph to apply the excess fully to reduce one or more purported renunciations, the Minister may at any time reduce the total amount purported to be renounced by the corporation to one or more persons by the amount of the unapplied excess.

In the case referred to in the second paragraph, except for the purposes of Part III.14, the amount purported to have been renounced by the corporation to a person is deemed, after the time referred to therein, to have always been reduced by the portion of the unapplied excess allocated by the Minister in respect of that person.

1988, c. 18, s. 27; 1995, c. 49, s. 97; 1997, c. 3, s. 71; 1998, c. 16, s. 137; 2009, c. 5, s. 129.

359.16. For the purposes of paragraph c.0.1 of section 359, the first and second paragraphs of section 359.1 and sections 359.2 to 359.15, 359.18, 359.19 and 419.0.1, a partnership is deemed to be a person and its taxation year is deemed to be its fiscal period.

1988, c. 18, s. 27; 1993, c. 16, s. 152; 1997, c. 3, s. 71; 1998, c. 16, s. 138.

359.17. For the purposes of paragraph c of section 359.8, a partnership and a corporation are deemed, at all times in a calendar year,

(a)  not to deal with each other at arm’s length, if

i.  an expense is deemed under section 359.3 to be incurred by the partnership,

ii.  the expense would, but for paragraph b of section 359.3, be incurred in the calendar year by the corporation, and

iii.  a share of the expense is included because of paragraph d of section 395 in the Canadian exploration expense of the corporation or of a member of the partnership with whom the corporation does not deal at arm’s length at any time in the calendar year; and

(b)  to deal with each other at arm’s length, in any other case.

1988, c. 18, s. 27; 1993, c. 16, s. 152; 1997, c. 3, s. 71; 1998, c. 16, s. 139; 2005, c. 1, s. 93.

359.18. For the purposes of this division, section 181, paragraphs c to g of section 330, sections 333.1 to 333.3, 359 and 362 to 418.36, Division V, sections 600.1 and 600.2, subparagraph iv of subparagraph a.2 of the first paragraph of section 726.6 and subparagraph b of the second paragraph of section 1129.60 or 1129.60.1, where a person’s share of an outlay or expense made or incurred by a partnership in a fiscal period of the partnership is referred to in respect of the person under paragraph d of any of sections 372, 395 and 408, under paragraph e of section 418.1.1, or under paragraph b of section 418.2, the portion of the outlay or expense so referred to is deemed, except for the purpose of applying sections 372, 372.1, 395 to 397, 408 to 410, 418.1.1, 418.1.2 and 418.2 to 418.4 in respect of the person, to have been made or incurred by the person at the end of that fiscal period.

1993, c. 16, s. 153; 1997, c. 3, s. 71; 1998, c. 16, s. 140; 2004, c. 8, s. 61; 2009, c. 5, s. 130.

359.19. A corporation is not entitled to renounce under section 359.2, 359.2.1 or 359.4 to a person a specified amount where the corporation would not be entitled to so renounce the specified amount if the words “end of that fiscal period” in section 359.18 were read as “time the outlay or expense is made or incurred by the partnership” and the words “on the effective date of the renunciation” in paragraph a of each of sections 359.3 and 359.5 were read as “at the earliest time that any part of such expense is incurred by the corporation”.

For the purposes of the first paragraph, a specified amount in respect of a corporation is an amount that represents all or part of

(a)  the corporation’s share of the outlay or expense made or incurred by a partnership of which the corporation is a member or former member; or

(b)  an amount renounced to the corporation under section 359.2, 359.2.1 or 359.4.

1993, c. 16, s. 153; 1995, c. 49, s. 98; 1997, c. 3, s. 71; 1998, c. 16, s. 141.

DIVISION II DEPLETION, AND EXPLORATION AND DEVELOPMENT EXPENSES

1975, c. 22, s. 68.

360. A taxpayer may deduct, in computing his income for a taxation year, the amount determined by regulation as an allowance in respect of a natural accumulation of petroleum or natural gas, oil or gas well, mineral resource or timber limit, or in respect of

(a)  the processing of ore, other than iron ore or tar sands, from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent;

(b)  the processing of iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent;

(c)  the processing of tar sands from a mineral resource to any stage that is not beyond the crude oil stage or its equivalent.

Such regulation may allow an amount for only a part of or for all of the natural accumulations of petroleum or natural gas, oil or gas wells or mineral resources in which the taxpayer has an interest, or of the ore processing operations referred to in the first paragraph and carried on by the taxpayer, and the Government may prescribe a formula to determine such amount.

1972, c. 23, s. 327; 1973, c. 18, s. 12; 1986, c. 19, s. 68; 1987, c. 67, s. 80; 1996, c. 39, s. 273.

361. Where a deduction is permitted under section 360 in respect of a coal mine operated by a lessee, he may agree with his lessor as to what portion of the amount each may deduct, and, if they cannot agree, the Minister may determine that portion.

1972, c. 23, s. 328.

362. A development corporation may deduct, in computing its income for a taxation year, the aggregate of the Canadian exploration and development expenses it incurs before the end of the taxation year, to the extent that they were not deductible in computing its income for a previous taxation year, up to the amount which would be its income if no deduction were allowed under this section or section 360, 361 or 400, less the deductions allowed for the year under sections 738 to 749.

1972, c. 23, s. 329; 1973, c. 17, s. 37; 1973, c. 18, s. 13; 1975, c. 22, s. 69; 1978, c. 26, s. 57; 1997, c. 3, s. 71.

363. A development corporation is, for the purposes of this chapter, a corporation whose principal business is any of, or a combination of,

(a)  the production, refining or marketing of petroleum, petroleum products or natural gas,

(a.1)  exploring or drilling for petroleum or natural gas,

(b)  mining or exploring for minerals,

(c)  the processing of mineral ores for the purpose of recovering metals or minerals from the ores,

(d)  the processing or marketing of metals or minerals that were recovered from mineral ores and that include metals or minerals recovered from mineral ores processed by the corporation,

(e)  the fabrication of metals,

(f)  the operation of a pipeline for the transmission of oil or gas,

(f.1)  the production or marketing of calcium chloride, sodium chloride, gypsum, kaolin or potash,

(g)  the manufacturing of products, where the manufacturing involves the processing of calcium chloride, sodium chloride, gypsum, kaolin or potash,

(h)  the generation of energy using property described in Class 43.1 or 43.2 in Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1); and

(i)  the development of projects for which it is reasonable to expect that at least 50% of the capital cost of the depreciable property to be used in each project is the capital cost of property described in Class 43.1 or 43.2 in Schedule B to the Regulation respecting the Taxation Act or in both of those classes.

A development corporation is also, for the purposes of this chapter, a corporation all or substantially all of the assets of which are shares of the capital stock or indebtedness of one or more development corporations that are related to the corporation otherwise than because of a right referred to in paragraph b of section 20.

1972, c. 23, s. 330; 1975, c. 22, s. 70; 1989, c. 77, s. 35; 1995, c. 49, s. 99; 1997, c. 3, s. 71; 1998, c. 16, s. 142; 2000, c. 39, s. 23; 2001, c. 7, s. 43; 2010, c. 5, s. 42.

364. For the purposes of this chapter, Canadian exploration and development expenses are the expenses incurred before 7 May 1974 in the case of an oil business and before 1 April 1975 in the case of a mining business which are:

(a)  exploration or drilling expenses, including the costs of general geological or geophysical studies, incurred after 1971 for exploration or drilling for petroleum or natural gas in Canada;

(b)  prospecting, exploration or development expenses incurred after 1971 in searching for minerals in Canada;

(c)  the cost of any Canadian resource property acquired by the taxpayer after 1971;

(d)  the share of the taxpayer in Canadian exploration and development expenses incurred after 1971 by an association, partnership or syndicate, during one of their fiscal periods, in which he was a member or partner at the end of the fiscal period;

(e)  the expenses incurred after 1971 by the taxpayer pursuant to an agreement with a corporation under which he so incurs such expenses solely as consideration for shares of the capital stock of the corporation or an interest or right in those shares, to the extent that those expenses are incurred as the cost of activities connected with the expenses contemplated in paragraph a or b or as the cost of acquisition of property contemplated in paragraph c; and

(f)  any annual payment made by the taxpayer for the preservation of a Canadian resource property.

1972, c. 23, s. 331; 1973, c. 17, s. 38; 1975, c. 22, s. 71; 1986, c. 19, s. 69; 1997, c. 3, s. 71; 2000, c. 5, s. 94.

365. However, Canadian exploration and development expenses shall not include, for the purposes of this chapter:

(a)  any consideration given for any share, interest or right relating to it, except as provided in paragraph e of section 364; or

(b)  any expenses contemplated in paragraph e of section 364 and incurred by another taxpayer, to the extent that the obligation of that other taxpayer to incur such expenses constituted for him, under the said paragraph, Canadian exploration and development expenses.

1972, c. 23, s. 332; 1973, c. 17, s. 39.

366. For the purposes of this chapter, drilling or exploration expenses include the expenses incurred for drilling or converting a well for the disposal of waste liquids from a petroleum or natural gas well or for injection of water or gas to assist in the recovery of petroleum or natural gas from another well. They also include expenses incurred in drilling for water or gas for injection into a petroleum or natural gas formation.

1972, c. 23, s. 333; 1975, c. 22, s. 72.

367. A corporation not contemplated in paragraph a or b of section 363, whose principal activity is production or marketing of sodium chloride or potash or whose activity includes manufacturing products the manufacturing of which involves processing of these substances may deduct, in computing its income, the exploration or drilling expenses which it incurs before 7 May 1974 in searching for halite or sylvite.

1972, c. 23, s. 334; 1975, c. 22, s. 73; 1997, c. 3, s. 71.

368. A taxpayer other than a development corporation may deduct in computing his income for a taxation year the aggregate of the Canadian exploration and development expenses he incurs, to the extent that they were not deducted in computing his income for a previous taxation year.

1972, c. 23, s. 335; 1986, c. 19, s. 70; 1997, c. 3, s. 71.

369. (Replaced).

1972, c. 23, s. 336; 1973, c. 17, s. 40; 1973, c. 18, s. 14; 1975, c. 22, s. 74; 1977, c. 26, s. 34; 1978, c. 26, s. 58; 1980, c. 11, s. 54; 1982, c. 5, s. 83; 1986, c. 19, s. 70.

370. In this chapter, a Canadian resource property of a taxpayer is any property of the taxpayer which is

(a)  any right, licence or privilege to explore for, drill for or take petroleum, natural gas or other related hydrocarbons in Canada;

(b)  any right, licence or privilege to prospect, explore, drill or mine for minerals in a mineral resource in Canada or to store underground petroleum, natural gas or related hydrocarbons in Canada;

(c)  any oil or gas well in Canada or any immovable property in Canada the principal value of which depends primarily upon its petroleum or natural gas content, except any depreciable property;

(d)  any rental or royalty computed by reference to the amount or value of production from an oil or gas well in Canada or from a natural accumulation of petroleum or natural gas in Canada;

(d.1)  any rental or royalty computed by reference to the amount or value of production from a mineral resource in Canada;

(e)  any immovable property in Canada the principal value of which depends primarily upon its mineral resource content, except any depreciable property; or

(f)  any right to or interest in any property described in any of paragraphs a to e, other than such a right or interest that the taxpayer has because the taxpayer is a beneficiary under a trust or a member of a partnership.

1972, c. 23, s. 337; 1975, c. 22, s. 75; 1980, c. 13, s. 30; 1982, c. 5, s. 84; 1986, c. 19, s. 71; 1987, c. 67, s. 81; 1995, c. 49, s. 236; 2004, c. 8, s. 62; 2005, c. 1, s. 94.

371. A taxpayer who is resident in Canada throughout a taxation year may deduct, in computing the taxpayer’s income for that year, the lesser of

(a)  the amount by which the aggregate of all amounts by which the amount determined under this paragraph in respect of the taxpayer is required, because of section 485.8, to be reduced at or before the end of the year is exceeded by the aggregate of the foreign exploration and development expenses, to the extent that they were not deductible in computing the taxpayer’s income for a previous taxation year, incurred by the taxpayer

i.  before the end of the year,

ii.  at a time at which the taxpayer was resident in Canada, and

iii.  where the taxpayer became resident in Canada before the end of the year, after the last time, before the end of the year, that the taxpayer became resident in Canada; and

(b)  the amount computed under section 374.

1972, c. 23, s. 338; 1975, c. 22, s. 76; 1996, c. 39, s. 108; 2004, c. 8, s. 63.

372. In this chapter, the foreign exploration and development expenses of a taxpayer means

(a)  any exploration or drilling expense, including any general geological or geophysical expense, incurred by the taxpayer on or in respect of exploring or drilling for petroleum or natural gas outside Canada;

(b)  any expense incurred by the taxpayer for the purpose of determining the existence, location, extent or quality of a mineral resource outside Canada, including any expense incurred in the course of prospecting, carrying out geological, geophysical or geochemical surveys, drilling, trenching, digging test pits or preliminary sampling;

(c)  the cost to the taxpayer of any foreign resource property acquired by the taxpayer;

(d)  subject to section 418.37, the taxpayer’s share of the foreign exploration and development expenses incurred by a partnership in a fiscal period of the partnership, where the taxpayer was a member of the partnership at the end of that fiscal period; and

(e)  any annual payment made by the taxpayer for the preservation of a foreign resource property.

1972, c. 23, s. 339; 1975, c. 22, s. 77; 1980, c. 13, s. 31; 1990, c. 59, s. 159; 2004, c. 8, s. 64.

372.1. A taxpayer’s foreign exploration and development expenses do not however include

(a)  any amount included at any time in the capital cost to the taxpayer of any depreciable property of a prescribed class;

(b)  an expenditure incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to evaluate the feasibility of a method of recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates;

(c)  an expenditure, other than a drilling expense, incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to assist in the recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates;

(d)  an expenditure incurred at any time relating to the injection of any substance to assist in the recovery of petroleum, natural gas or related hydrocarbons from a natural reservoir;

(e)  an expenditure that is the cost, or any part of the cost, to the taxpayer of any depreciable property of a prescribed class that was acquired after 21 December 2000;

(f)  foreign resource expenses in relation to a country; or

(g)  an expenditure incurred after 27 February 2000, unless the expenditure was incurred

i.  pursuant to an agreement in writing entered into by the taxpayer before 28 February 2000,

ii.  for the purpose of enabling the taxpayer to acquire foreign resource property,

iii.  for the purpose of enhancing the value of foreign resource property that the taxpayer owned at the time the expenditure was incurred or that the taxpayer had a reasonable expectation of owning after that time, or

iv.  for the purpose of assisting in evaluating whether a foreign resource property is to be acquired by the taxpayer.

1998, c. 16, s. 143; 2004, c. 8, s. 65.

372.2. In this chapter, the specified foreign exploration and development expense of a taxpayer in relation to a country other than Canada means the following expenses that are foreign exploration and development expenses of the taxpayer:

(a)  any exploration or drilling expense, including any general geological or geophysical expense, incurred by the taxpayer on or in respect of exploring or drilling for petroleum or natural gas in that country;

(b)  any expense incurred by the taxpayer after 21 December 2000, otherwise than pursuant to an agreement in writing entered into before 22 December 2000, for the purpose of determining the existence, location, extent or quality of a mineral resource in that country, including any expense incurred in the course of prospecting, carrying out geological, geophysical or geochemical surveys, drilling, trenching, digging test pits or preliminary samplings;

(c)  any prospecting, exploration or development expense incurred by the taxpayer before 22 December 2000, or after 21 December 2000 pursuant to an agreement in writing entered into before 22 December 2000, in searching for minerals in that country;

(d)  the cost to the taxpayer of any of the taxpayer’s foreign resource properties in relation to that country;

(e)  any annual payment made by the taxpayer in a taxation year of the taxpayer for the preservation of a foreign resource property in relation to that country;

(f)  an amount deemed by section 181 or 182 to be a foreign exploration and development expense incurred by the taxpayer, to the extent that it can reasonably be considered to relate to an amount that, without reference to this paragraph and paragraph g, would be a specified foreign exploration and development expense in relation to that country; and

(g)  subject to section 418.37, the taxpayer’s share of the specified foreign exploration and development expenses of a partnership incurred in a fiscal period of the partnership in relation to that country, where the taxpayer was a member of the partnership at the end of that fiscal period.

2004, c. 8, s. 66.

373. In this chapter, a foreign resource property means a property that would be referred to in section 370, if

(a)  in the case of a foreign resource property in relation to a country, the references in that section to “Canadian resource property of a taxpayer” in the portion before paragraph a and “in Canada” wherever it appears in paragraphs a to e were read as references to “foreign resource property of a taxpayer in relation to a country” and “in that country”, respectively; and

(b)  in any other case, the references in that section to “Canadian” in the portion before paragraph a and “in Canada” wherever it appears in paragraphs a to e were read as references to “foreign” and “outside Canada”, respectively.

1972, c. 23, s. 340; 2004, c. 8, s. 67.

374. The amount to which paragraph b of section 371 refers is the greater of

(a)  the amount claimed by the taxpayer not exceeding 10% of the amount determined under paragraph a of section 371 in respect of the taxpayer for the year; and

(b)  the total of

i.  that part of the taxpayer’s income for the year, determined without reference to sections 371 and 418.1.10, that can reasonably be attributed to the production of petroleum or natural gas from a natural accumulation of petroleum or natural gas outside Canada or from oil or gas wells outside Canada, or to the production of minerals from mines outside Canada,

ii.  the taxpayer’s income for the year from royalties in respect of a natural accumulation of petroleum or natural gas outside Canada, an oil or gas well outside Canada or a mine outside Canada, determined without reference to sections 371 and 418.1.10, and

iii.  the aggregate of all amounts each of which is an amount, in respect of a foreign resource property that has been disposed of by the taxpayer, equal to the amount by which the amount included in computing the taxpayer’s income for the year by reason of paragraph a of section 330 in respect of that disposition exceeds the aggregate of all amounts each of which is that portion of an amount deducted under section 418.17 in computing the taxpayer’s income for the year that can reasonably be considered to be in respect of the foreign resource property, but cannot reasonably be considered to have reduced the amount otherwise determined under subparagraph i or ii in respect of the taxpayer for the year.

1972, c. 23, s. 341; 1973, c. 17, s. 41; 1973, c. 18, s. 15; 1975, c. 22, s. 78; 1977, c. 26, s. 35; 1978, c. 26, s. 59; 1986, c. 19, s. 72; 1987, c. 67, s. 82; 1996, c. 39, s. 109; 2004, c. 8, s. 67.

374.1. The portion of an amount deducted under section 371 in computing a taxpayer’s income for a taxation year that can reasonably be considered to be in respect of specified foreign exploration and development expenses of the taxpayer in relation to a country is considered as being attributable to a source in that country.

2004, c. 8, s. 68.

374.2. For the purposes of section 374.1, where a taxpayer has incurred specified foreign exploration and development expenses in relation to two or more countries, an allocation to each of those countries for a taxation year shall be determined in a manner that is

(a)  reasonable having regard to all the circumstances, including the level and timing of

i.  the taxpayer’s specified foreign exploration and development expenses in relation to that country, and

ii.  the profits or gains to which those expenses relate; and

(b)  not inconsistent with the allocation made under section 374.1 for the preceding taxation year.

2004, c. 8, s. 68.

374.3. Where at any time in a taxation year an individual becomes or ceases to be resident in Canada, the following rules apply:

(a)  sections 371 and 374 apply to the individual as if the year were the period or periods in the year throughout which the individual was resident in Canada; and

(b)  for the purposes of sections 371 and 374, section 393.1 does not apply to the individual for the year.

2004, c. 8, s. 68.

375. Sections 329 to 333, 357, 358, 368, 371, 374, 395 to 418.12 and 418.16 to 418.36 do not apply in computing the income for a taxation year of a taxpayer, other than a development corporation, if the business of such taxpayer includes trading or dealing in rights, licences or privileges to explore for, drill for or take minerals, petroleum, natural gas or other related hydrocarbons.

1972, c. 23, s. 342; 1975, c. 22, s. 79; 1982, c. 5, s. 85; 1993, c. 16, s. 154; 1995, c. 49, s. 236; 1997, c. 3, s. 71.

376. (Repealed).

1972, c. 23, s. 343; 1973, c. 18, s. 16; 1975, c. 22, s. 80; 1978, c. 26, s. 60; 1985, c. 25, s. 66; 1986, c. 19, s. 73; 1989, c. 77, s. 36.

377. (Repealed).

1972, c. 23, s. 344; 1975, c. 22, s. 81; 1978, c. 26, s. 61; 1980, c. 13, s. 32; 1980, c. 11, s. 54; 1985, c. 25, s. 67; 1986, c. 19, s. 74; 1987, c. 67, s. 83; 1989, c. 77, s. 36.

378. (Repealed).

1972, c. 23, s. 345; 1973, c. 18, s. 18; 1975, c. 22, s. 82; 1978, c. 26, s. 62; 1985, c. 25, s. 68; 1986, c. 19, s. 75; 1989, c. 77, s. 36.

378.1. (Repealed).

1980, c. 13, s. 33; 1985, c. 25, s. 68; 1989, c. 77, s. 36.

379. (Repealed).

1972, c. 23, s. 346; 1975, c. 22, s. 83; 1980, c. 13, s. 34; 1985, c. 25, s. 68; 1989, c. 77, s. 36.

380. (Repealed).

1972, c. 23, s. 347; 1972, c. 26, s. 47; 1973, c. 17, s. 43; 1973, c. 18, s. 19; 1975, c. 22, s. 84; 1978, c. 26, s. 63; 1980, c. 11, s. 54; 1984, c. 15, s. 85; 1985, c. 25, s. 69; 1986, c. 19, s. 76; 1987, c. 67, s. 84; 1989, c. 77, s. 36.

381. (Repealed).

1972, c. 23, s. 348; 1978, c. 26, s. 64; 1997, c. 3, s. 71; 1998, c. 16, s. 144.

382. A joint exploration corporation is a development corporation which never had more than ten shareholders excluding any individual holding a share for the sole purpose of qualifying as a director.

1972, c. 23, s. 349; 1997, c. 3, s. 71.

383. (Repealed).

1972, c. 23, s. 350; 1973, c. 17, s. 44; 1975, c. 22, s. 85; 1977, c. 26, s. 36; 1978, c. 26, s. 65; 1982, c. 5, s. 86; 1985, c. 25, s. 70; 1997, c. 3, s. 71; 1998, c. 16, s. 144.

384. Where control of a corporation has been acquired after 31 March 1977 but before 13 November 1981 by a person or persons who did not control the corporation at the time it last ceased to carry on a qualified business, the following rules apply:

(a)  the amount by which the Canadian exploration and development expenses or the foreign exploration and development expenses, as the case may be, incurred by the corporation before the time it ceased to carry on active business exceeds the aggregate of all amounts otherwise deductible respectively in respect of such expenses in computing its income for the taxation years ending before control was acquired, is deemed to have been deductible under sections 362 to 394 in computing its income for the taxation years ending before control was so acquired;

(b)  the amount by which the cumulative Canadian exploration expenses, cumulative Canadian development expenses or cumulative Canadian oil and gas property expenses, as the case may be, at the time it ceased to carry on active business exceeds the aggregate of all amounts otherwise deducted under Division III, IV or IV.1, as the case may be, in computing its income for the taxation years ending after the time it ceased to carry on active business and before control was so acquired, is deemed to have been deducted under the said divisions, respectively, in computing its income for the taxation years ending before control was so acquired.

1972, c. 23, s. 351; 1975, c. 22, s. 86; 1978, c. 26, s. 66; 1982, c. 5, s. 87; 1984, c. 15, s. 86; 1990, c. 59, s. 160; 1997, c. 3, s. 71.

384.1. (Repealed).

1984, c. 15, s. 87; 1985, c. 25, s. 71; 1986, c. 19, s. 77; 1987, c. 67, s. 85; 1989, c. 77, s. 37.

384.1.1. (Repealed).

1987, c. 67, s. 86; 1989, c. 77, s. 37.

384.2. (Repealed).

1984, c. 15, s. 87; 1985, c. 25, s. 72; 1986, c. 19, s. 78; 1989, c. 77, s. 37.

384.3. For the purposes of sections 384 and 418.26 to 418.29, where a corporation acquires control of another corporation between 12 November 1981 and 1 January 1983 by reason of the acquisition of shares of the other corporation pursuant to an agreement in writing concluded on or before 12 November 1981, it is deemed to have acquired control of it not later than 12 November 1981.

1984, c. 15, s. 87; 1989, c. 77, s. 38; 1997, c. 3, s. 71.

384.4. For the purposes of sections 371 to 374, 408 to 416 and 418.1 to 418.12, except as those sections apply for the purposes of sections 418.15 to 418.36, where, at a particular time, control of a corporation has been acquired by a person or group of persons, within the 12-month period that ended immediately before that time, the corporation or a partnership of which it was a majority-interest partner acquired a Canadian resource property or a foreign resource property, and immediately before the 12-month period began, the corporation was not a development corporation and the partnership, if it were a corporation, would not be a development corporation,

(a)  the property is deemed, subject to subparagraph b, to have been acquired by the corporation or partnership at the particular time and is deemed not to have been acquired by it before that time; and

(b)  where the property has been disposed of by the corporation or partnership before the particular time and not reacquired by it before that time, the property is deemed to have been acquired by the corporation or partnership immediately before it disposed of the property.

However, the first paragraph does not apply in the case of the acquisition of a property that was owned by the corporation or partnership or a person that would, but for the definition of “controlled” in section 21.0.1, be affiliated with the corporation throughout the period that began immediately before the 12-month period referred to in the first paragraph and ended at the time the property was acquired by the corporation or partnership.

1989, c. 77, s. 39; 1997, c. 3, s. 71; 2000, c. 5, s. 95.

384.5. For the purposes of section 384.4, where the corporation referred to in that section was incorporated or otherwise formed in the 12-month period, it is deemed to have been

(a)  in existence throughout the period that began immediately before that 12-month period and ended immediately after it was incorporated or otherwise formed; and

(b)  affiliated, throughout the period referred to in paragraph a, with every person with whom it was affiliated, otherwise than because of a right referred to in paragraph b of section 20, throughout the period that began when it was incorporated or otherwise formed and ended immediately before its control was acquired.

1989, c. 77, s. 39; 1997, c. 3, s. 71; 2000, c. 5, s. 95.

385. A taxpayer must deduct, in computing Canadian exploration and development expenses, any amount paid to him, before 7 May 1974 in the case of an oil business or before 1 April 1975 in the case of a mining business, as a subsidy, grant or assistance under an Act of Canada, to the extent provided by regulation.

He may however include any amount he pays after 1971 but before 7 May 1974 in the case of an oil business or before 1 April 1975 in the case a mining business, under such an Act of Canada, except interest.

1972, c. 23, s. 352; 1972, c. 26, s. 48; 1975, c. 22, s. 87.

386. Except as expressly otherwise provided in this Part, a taxpayer, in computing his cumulative Canadian exploration expenses, shall deduct under paragraph b of section 399 the amount which, at a particular time in a taxation year, becomes receivable by him as a result of a transaction made after 6 May 1974 in the case of an oil business or after 31 March 1975 in the case of a mining business, in consideration of services rendered or property ceded by him, if the original cost of those services or that property may reasonably be regarded as having been, for him, primarily Canadian exploration expenses or Canadian exploration and development expenses, or as if it would have been such expenses if they had been incurred by the taxpayer after 1971 and before 7 May 1974 or before 1 April 1975, as the case may be.

1975, c. 22, s. 88.

387. Except as expressly otherwise provided in this Part, a taxpayer, in computing his cumulative Canadian development expenses, shall deduct under paragraph c of section 412 the amount which, at a particular time in a taxation year, becomes receivable by him in the cases described in section 386, if the original cost of the services or property contemplated therein may reasonably be regarded as having been, for him, primarily Canadian development expenses.

1975, c. 22, s. 88.

388. A taxpayer shall, in computing the taxpayer’s foreign exploration and development expenses, deduct the amount that, at a particular time in a taxation year and as a result of a transaction that occurs after 6 May 1974, becomes receivable by the taxpayer as consideration for services rendered or property transferred by the taxpayer, if the original cost of the services or property can reasonably be regarded as having been primarily foreign exploration and development expenses of the taxpayer, or would have been so regarded if they had been incurred by the taxpayer after 1971 and section 372.1 were read without reference to paragraph f thereof.

1975, c. 22, s. 88; 2004, c. 8, s. 69.

389. The foreign exploration and development expenses of a taxpayer are deemed to be nil at the time referred to in section 388 where an amount is included in computing his income by virtue of paragraph c of section 330.

1975, c. 22, s. 88.

390. Sections 386 and 387 do not apply to a share or a Canadian resource property or to any right related thereto and section 388 does not apply to any foreign resource property.

1975, c. 22, s. 88; 1986, c. 19, s. 79.

390.1. Where an amount described in section 388 becomes receivable by a taxpayer at a particular time, there shall at that particular time be included in computing the amount determined under paragraph c of section 418.1.4 in respect of the taxpayer and a country the amount designated under subparagraph ii of paragraph c of section 330 by the taxpayer in respect of that amount and that country.

2004, c. 8, s. 70.

390.2. Where an amount described in section 388 becomes receivable by a partnership in a fiscal period of the partnership, the share of a member of the partnership of that amount is deemed, for the purposes of paragraph c of section 330 and sections 388 and 390.1, to be an amount that became receivable by the member at the end of that fiscal period, that is described in section 388 in respect of the member and that has the same attributes for the member as it did for the partnership.

2004, c. 8, s. 70.

391. A taxpayer, in computing his cumulative Canadian exploration expenses, shall deduct under paragraph b of section 399 the amount that, at a particular time after 6 May 1974, becomes receivable by him from a person with whom he has made an agreement to unitize an oil or gas field in Canada in respect of Canadian exploration expenses, or Canadian exploration and development expenses or expenses that would have been such expenses if they had been incurred by him after 1971 and before 7 May 1974, incurred by the taxpayer in respect of the whole or any part of that field.

Furthermore, the person having to pay that amount shall, in computing his Canadian exploration expenses, include that amount at that time under paragraph b of section 395.

1975, c. 22, s. 88.

392. A taxpayer, in computing his cumulative Canadian development expenses, shall deduct under paragraph c of section 412 the amount that, at a particular time after 6 May 1974, becomes receivable by him from a person with whom he has made an agreement to unitize an oil or gas field in Canada in respect of Canadian development expenses incurred by the taxpayer in respect of the whole or any part of that field.

Furthermore, the person having to pay that amount shall, in computing his Canadian development expenses, include that amount at that time under paragraph a of section 408.

1975, c. 22, s. 88.

392.1. A taxpayer shall, in computing his cumulative Canadian oil and gas property expense, deduct under paragraph c of section 418.6 the amount which, at a particular time, becomes receivable by him from a person with whom he has entered into an agreement to unitize an oil or gas field in Canada in respect of Canadian oil and gas property expense incurred by the taxpayer in respect of that field or any part thereof.

Furthermore, the person who must pay such amount shall, in computing his Canadian oil and gas property expense, include it at that time under paragraph a of section 418.2.

1982, c. 5, s. 88.

392.2. Where a corporation designates an amount for a taxation year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.1 of section 66 of the said Act, the amount designated shall be deducted in computing its cumulative Canadian exploration expenses at any time after the end of the year.

1987, c. 67, s. 87; 1997, c. 3, s. 71.

392.3. Where a corporation designates an amount for a taxation year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.2 of section 66 of the said Act, the amount designated shall be deducted in computing its cumulative Canadian development expenses at any time after the end of the year.

1987, c. 67, s. 87; 1997, c. 3, s. 71.

393. The taxpayer who has incurred expenses or made outlays in respect of which a deduction is allowed by more than one provision of this chapter, may deduct them only once, and under the provision he elects.

1972, c. 23, s. 353; 1975, c. 22, s. 89; 1993, c. 16, s. 155.

393.1. Where a taxpayer has a taxation year that is less than 51 weeks, the amount determined for the year under any of the following provisions or first under subparagraph c of the first paragraph of section 418.20, shall not exceed the proportion of the amount otherwise determined under that provision or first under that subparagraph c, as the case may be, that the number of days in the year is of 365:

(a)  paragraph a of section 374;

(b)  subparagraph c of the first paragraph of section 413;

(c)  paragraph b of section 418.1.9, without reference to the aggregate last referred to in that paragraph;

(d)  subparagraph i of paragraph a of section 418.1.10;

(e)  subparagraph 2 of subparagraph ii of paragraph a of section 418.1.10;

(f)  paragraph b of section 418.7;

(g)  the second paragraph of section  418.17.3;

(h)  subparagraph i of subparagraph a of the first paragraph of section 418.20;

(i)  subparagraph b of the first paragraph of section 418.20; and

(j)  the second paragraph of section 418.21.

1989, c. 77, s. 40; 2004, c. 8, s. 71.

394. For the purposes of section 28, any amount deductible under the Act respecting the application of the Taxation Act (chapter I-4) in respect of this chapter is deemed deductible under this chapter.

1972, c. 23, s. 354.

DIVISION III CANADIAN EXPLORATION EXPENSES

1975, c. 22, s. 90.

395. For the purposes of this chapter, “Canadian exploration expense” of a taxpayer means any expense incurred after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, to such extent as that expense is

(a)  any expense including an expense for a geological, geophysical or geochemical survey, other than an expense incurred in drilling or completing an oil or gas well or in building a temporary access road to, or preparing a site in respect of, any such well, incurred by the taxpayer for the purpose of determining the existence, location, extent or quality of an accumulation of petroleum or natural gas, other than a mineral resource, in Canada;

(a.1)  any expense, including clearing, removing overburden and stripping, sinking a well and constructing an adit or other underground entry, incurred by him after 31 March 1985 for the purpose of bringing a natural accumulation of petroleum or natural gas, other than a mineral resource, in Canada into production other than an expense incurred in drilling or completing an oil or gas well or in building a temporary access road to, or preparing a site in respect of, any such well and incurred prior to the commencement of the production, other than the production from an oil or gas well, in reasonable commercial quantities from such accumulation;

(b)  any expense incurred before 1 April 1987, in drilling or completing an oil or gas well in Canada, or in building a temporary access road to, or preparing a site in respect of, any such well, incurred by him in the year or in any previous year, and included by him in computing his Canadian development expenses for a previous taxation year, if the drilling of the well is completed within six months after the end of the year and

i.  it is determined that the well is the first well capable of production in commercial quantities from an accumulation of petroleum or natural gas not previously known to exist, other than a mineral resource, or

ii.  it is reasonable to expect that the well cannot come into production in commercial quantities within 12 months of its completion;

(b.1)  any expense incurred by him after 31 March 1987 and in a taxation year of the taxpayer, in drilling or completing an oil or gas well in Canada, or in building a temporary access road to, or preparing a site in respect of, any such well if

i.  the drilling or completing of the well resulted in the discovery of a natural underground reservoir containing petroleum or natural gas, where

(1)  before the time of the discovery, no person or partnership had discovered that the reservoir contained either petroleum or natural gas, and

(2)  the discovery occurred at any time before six months after the end of the year;

ii.  the well is abandoned in the year or within six months after the end of the year without ever having produced otherwise than for specified purposes;

iii.  the period of 24 months commencing on the day of completion of the drilling of the well ends in the year, the expense was incurred within that period and in the year and the well has not within that period produced otherwise than for specified purposes; or

iv.  the certificate referred to in subparagraph iv of paragraph d of the definition of “Canadian exploration expenses” in subsection 6 of section 66.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in respect of a well has been filed with the Minister, in respect of the well, on or before the day that is six months after the end of the taxation year of the taxpayer in which the drilling of the well was commenced;

(b.2)  any expense deemed under section 399.3 to be a Canadian exploration expense incurred by him;

(c)  an expense incurred by him to determine the existence of a mineral resource in Canada, to locate such a resource or to determine the extent or quality thereof, including any expense incurred in the course of prospecting, carrying out geological, geophysical or geochemical surveys, drilling and trenching or digging test pits or preliminary sampling, other than an expense incurred in drilling or completing an oil or gas well or in building a temporary access road to, or preparing a site in respect of, any such well, and other than any Canadian development expense or any expense that may reasonably be related to a mine which has come into production in reasonable commercial quantities or to an actual or potential extension of such a mine;

(c.1)  an expense incurred by him after 16 November 1978 to bring a new mine in a mineral resource in Canada into production in reasonable commercial quantities, including clearing, removing overburden and stripping, sinking a mine shaft and constructing an adit or other underground entry, to the extent that these expenses were incurred prior to the commencement of production from the new mine in reasonable commercial quantities;

(c.2)  any Canadian renewable and conservation expense incurred by the taxpayer;

(d)  subject to section 418.37, the taxpayer’s share of the expenses described in paragraphs a to b.1 and c to c.2 incurred by a partnership in a fiscal period thereof, if at the end of the period the taxpayer is a member thereof; or

(e)  an expense described in paragraphs a to c.1 incurred by him pursuant to an agreement in writing with a corporation entered into before 1 January 1987, under which he incurs that expense solely as consideration for a share, except a prescribed share, of the capital stock of that corporation issued to him or any interest in or right to such a share.

1975, c. 22, s. 90; 1980, c. 13, s. 35; 1982, c. 5, s. 89; 1984, c. 15, s. 88; 1986, c. 15, s. 80; 1986, c. 19, s. 80; 1987, c. 67, s. 88; 1988, c. 18, s. 28; 1990, c. 59, s. 161; 1992, c. 1, s. 33; 1995, c. 49, s. 100; 1997, c. 3, s. 71; 1998, c. 16, s. 145; 2004, c. 8, s. 72.

395.1. For the purposes of subparagraph iv of paragraph b.1 of section 395, a certificate in respect of an oil or gas well issued by the Minister of Natural Resources of Canada is deemed never to have been issued and never to have been filed with the Minister if it is deemed, under subsection 10 of section 66.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), never to have been so issued and never to have been filed with the Minister of Revenue of Canada.

1990, c. 59, s. 162; 1996, c. 39, s. 110; 2000, c. 5, s. 293.

396. A taxpayer’s Canadian exploration expenses do not however include

(a)  any consideration given by the taxpayer for any share, or for any interest therein or right thereto, except as provided by paragraph e of section 395;

(b)  any expense described in paragraph e of section 395 and incurred by any other taxpayer to the extent that the expense is a Canadian exploration expense of that other taxpayer by virtue of that paragraph, a Canadian development expense of that other taxpayer by virtue of paragraph e of section 408 or a Canadian oil and gas property expense of that other taxpayer by virtue of paragraph c of section 418.2;

(c)  any amount, other than a Canadian renewable and conservation expense, included at any time in the capital cost to the taxpayer of any depreciable property of a prescribed class;

(c.1)  an expense that is the cost, or any part of the cost, to the taxpayer of any depreciable property of a prescribed class that was acquired after 31 December 1987;

(c.2)  the portion of any expense that may reasonably be considered to have resulted in income earned by the taxpayer if

i.  the expense is an expense otherwise described in paragraph c of section 395 and incurred in prospecting, drilling, trenching, digging test pits or preliminary sampling, and the income is earned before a new mine of the taxpayer in the mineral resource referred to in that paragraph c comes into production in reasonable commercial quantity, or

ii.  the expense is otherwise described in paragraph c.1 of section 395, and the income is earned before the new mine referred to in that paragraph c.1 comes into production in reasonable commercial quantity;

(d)  an expenditure incurred at any time after the commencement of production from a Canadian resource property of the taxpayer in order to evaluate the feasibility of a method of recovery of, or to assist in the recovery of, petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the Canadian resource property relates;

(e)  an expenditure incurred at any time relating to the injection of any substance to assist in the recovery of petroleum, natural gas or related hydrocarbons from a natural reservoir; or

(f)  the taxpayer’s share of any consideration, expense, cost or expenditure referred to in any of paragraphs a to e given or incurred, as the case may be, by a partnership.

1975, c. 22, s. 90; 1982, c. 5, s. 90; 1998, c. 16, s. 146; 2004, c. 8, s. 73; 2005, c. 1, s. 95.

397. Where a taxpayer has received or is entitled to receive after 25 May 1976 any assistance in respect of or related to his Canadian exploration expenses, the expenses contemplated in paragraphs a to e of section 395 shall not be reduced by the amount of such assistance.

1977, c. 26, s. 37; 1988, c. 18, s. 29.

398. In this chapter, cumulative Canadian exploration expenses of a taxpayer, at any time, means the amount by which the aggregate described in section 399 is exceeded by the aggregate of:

(a)  the Canadian exploration expenses incurred by the taxpayer before that time;

(b)  all amounts required by paragraph d of section 330 to be included in computing his income for a taxation year ending before such time;

(b.1)  all amounts determined under paragraph a of section 418.31.1 in respect of the taxpayer for a taxation year ending before that time;

(c)  all amounts, except interest, paid by him after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, and before that time as a reimbursement of a subsidy, grant or assistance received before 25 May 1976 under a prescribed Act in respect of Canadian exploration and development expenses or Canadian exploration expenses;

(d)  all amounts described in paragraph b of section 399 that, according to the evidence submitted by him, have become a bad debt before such time; and

(e)  such part of an amount described in paragraph e of section 399 as has been repaid by him before that time pursuant to a legal obligation to repay all or any part of that amount.

1975, c. 22, s. 90; 1977, c. 26, s. 38; 1978, c. 26, s. 67; 1982, c. 5, s. 91; 1991, c. 25, s. 73; 1993, c. 16, s. 156; 1995, c. 49, s. 236; 2004, c. 8, s. 74.

399. The amounts required to be deducted in computing the cumulative Canadian exploration expenses of a taxpayer at the time referred to in section 398 are the aggregate of:

(a)  all amounts deducted, or required to be deducted, in computing his income for a taxation year ending before that time in respect of such expenses;

(b)  all amounts that become receivable by him before that time that are required to be deducted in computing such expenses under this paragraph by virtue of section 386 or 391;

(c)  all amounts paid to him after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, and before 25 May 1976 as a subsidy, grant or assistance received under an Act, in respect of Canadian exploration and development expenses or Canadian exploration expenses, to the extent provided by the regulations;

(d)  all amounts received by the taxpayer before such time in respect of a debt referred to in paragraph d of section 398;

(e)  all amounts of assistance that he has received or is entitled to receive in respect of any Canadian exploration expense incurred after 31 December 1980 or that can reasonably be related to Canadian exploration activities after that date, to the extent that the assistance has not reduced his Canadian exploration expense by virtue of the third paragraph of section 399.3;

(e.1)  all amounts by which his cumulative Canadian exploration expense is required, because of section 485.8, to be reduced at or before that time;

(f)  all amounts that are required to be deducted before that time under section 392.2 in computing his cumulative Canadian exploration expenses;

(g)  that portion of the aggregate of all amounts each of which is an amount deducted by the taxpayer under subsection 5 or 6 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for a taxation year ending before that time that may reasonably be attributed to an expenditure made in a preceding taxation year that is a qualified Canadian exploration expenditure, within the meaning of subsection 9 of section 127 of that Act, as it read for that preceding taxation year, or a pre-production mining expenditure, within the meaning of that subsection 9; and

(h)  all amounts that are required to be deducted before that time under paragraph b of section 418.31 in computing his cumulative Canadian exploration expenses.

1975, c. 22, s. 90; 1977, c. 26, s. 39; 1982, c. 5, s. 92; 1987, c. 67, s. 89; 1988, c. 18, s. 30; 1989, c. 77, s. 41; 1990, c. 59, s. 163; 1995, c. 49, s. 101; 1996, c. 39, s. 111; 1997, c. 31, s. 47; 2005, c. 1, s. 96.

399.1. For the purposes of paragraph e of section 399, where, pursuant to a designation by a trust, an amount is required, under subsection 7 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), to be added in computing the investment tax credit, within the meaning of subsection 9 of section 127 of the said Act, of a taxpayer at the end of his taxation year, the portion thereof that can reasonably be considered to relate to an expenditure that, for a taxation year, is a qualified Canadian exploration expenditure, within the meaning of subsection 9 of section 127 of that Act, as it read for that year, of the trust is deemed to have been received by the trust at the end of its taxation year in respect of which the designation was made as assistance from a government in respect of that expenditure.

1988, c. 18, s. 31; 1997, c. 31, s. 48.

399.2. (Repealed).

1988, c. 18, s. 31; 1997, c. 3, s. 71; 1998, c. 16, s. 147.

399.3. Where at any time in a taxpayer’s taxation year, one of the events described in the second paragraph occurs in respect of an oil or gas well of the taxpayer, the excess amount determined under the third paragraph is, for the purposes of this Part, deemed to be a Canadian exploration expense referred to in paragraph b.2 of section 395 incurred by the taxpayer at that time.

The events to which the first paragraph refers are the following:

(a)  the drilling or completing of an oil or gas well resulted in the discovery of a natural underground reservoir containing petroleum or natural gas and, before the time of the discovery, no person or partnership had discovered that the reservoir contained either petroleum or natural gas;

(b)  the period of 24 months commencing on the day of completion of the drilling of the oil or gas well ends and the well has not, within that period, produced otherwise than for specified purposes; or

(c)  the oil or gas well is abandoned without ever having produced otherwise than for specified purposes.

The excess amount to which the first paragraph refers is the amount by which the aggregate of the following amounts exceeds any assistance that the taxpayer or a partnership of which the taxpayer is a member has received or is entitled to receive in respect of the expenses referred to in any of subparagraphs a, b and c:

(a)  all Canadian development expenses, other than restricted expenses, described in subparagraph ii of paragraph a of section 408 in respect of the well that are deemed under section 359.5 or sections 417 and 418, as they read in respect of those expenses, to have been incurred by the taxpayer in the year or a preceding taxation year;

(b)  all Canadian development expenses, other than restricted expenses, described in subparagraph ii of paragraph a of section 408 in respect of the well that are required under the second paragraph of section 392 to be included by the taxpayer in the amount referred to in paragraph a of section 408 for the year or a preceding taxation year; and

(c)  all Canadian development expenses, other than expenses referred to in paragraph a or b and restricted expenses, described in subparagraph ii of paragraph a of section 408 incurred by the taxpayer in respect of the well in a taxation year preceding the year.

1988, c. 18, s. 31; 1997, c. 3, s. 71; 1998, c. 16, s. 148; 2001, c. 53, s. 64; 2004, c. 8, s. 75.

399.4. (Repealed).

1988, c. 18, s. 31; 1989, c. 77, s. 42.

399.5. (Repealed).

1988, c. 18, s. 31; 1989, c. 77, s. 42.

399.6. For the purposes of this chapter, the expression “restricted expense” of a taxpayer means an expense

(a)  incurred by him before 1 April 1987;

(b)  that is deemed under section 418 to have been incurred by him, or included by him in the amount referred to in paragraph a of section 408 by virtue of the second paragraph of section 392, to the extent that the expense was originally incurred before 1 April 1987;

(c)  that was renounced by him under section 359.2.1 or 359.4 or section 417, as it read in respect of the renunciation;

(d)  in respect of which an amount referred to in section 392 becomes receivable by him;

(e)  deemed to be a Canadian exploration expense of the taxpayer or any other taxpayer by virtue of section 399.3; or

(f)  where the taxpayer is a corporation, that was incurred by the corporation before the time control of the corporation was last acquired by a person or persons.

1988, c. 18, s. 31; 1995, c. 49, s. 102; 1997, c. 3, s. 71; 1998, c. 16, s. 149.

399.7. In this chapter,

“Canadian renewable and conservation expense” has the meaning assigned by the regulations;

“specified purpose” means

(a)  the operation of an oil or gas well for the sole purpose of testing the well or the well head and related equipment, in accordance with generally accepted engineering practices;

(b)  the burning of natural gas and related hydrocarbons to protect the environment; and

(c)  any prescribed purpose.

For the purpose of determining whether an outlay or expense meets the prescribed criteria in respect of Canadian renewable and conservation expenses, the Technical Guide to Canadian Renewable and Conservation Expenses, as amended from time to time and published by the Department of Natural Resources of Canada, shall apply conclusively with respect to engineering and scientific matters.

1988, c. 18, s. 31; 1995, c. 49, s. 236; 1998, c. 16, s. 150.

400. A development corporation, other than a corporation that would not be a development corporation if the first paragraph of section 363 were read without reference to subparagraphs h and i thereof, may, in computing its income for a taxation year, deduct any amount not exceeding the lesser of

(a)  the aggregate of

i.  the amount by which its cumulative Canadian exploration expenses at the end of the year exceed the amount, designated by it for the year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.1 of section 66 of that Act, and

ii.  the amount by which the aggregate determined under subparagraph i of paragraph a of section 418.31.1 in respect of the corporation for the year exceeds the amount that would be determined in respect of the corporation for the year under paragraph d of section 330 if the aggregate last referred to in that paragraph d were not taken into account; and

(b)  the amount by which the amount that would be its income for the year if no deduction, other than a prescribed deduction, were allowed under this section and sections 360 and 361 exceeds the aggregate of all amounts each of which is an amount deducted by the corporation under sections 738 to 749 in computing its taxable income for the year.

1975, c. 22, s. 90; 1978, c. 26, s. 68; 1982, c. 5, s. 93; 1987, c. 67, s. 90; 1993, c. 16, s. 157; 1995, c. 49, s. 103; 1997, c. 3, s. 71; 1998, c. 16, s. 151.

401. A taxpayer not contemplated in section 400 may deduct, in computing the income of the taxpayer for a taxation year, an amount not exceeding the aggregate of

(a)  the amount by which the taxpayer’s cumulative Canadian exploration expense at the end of the year exceeds the amount designated by the taxpayer for the year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.1 of section 66 of the said Act, and

(b)  the amount by which the aggregate determined under subparagraph i of paragraph a of section 418.31.1 in respect of the taxpayer for the year exceeds the amount that would be determined in respect of the taxpayer for the year under paragraph d of section 330 if the aggregate last referred to in the said paragraph d were not taken into account.

1975, c. 22, s. 90; 1977, c. 26, s. 40; 1978, c. 26, s. 69; 1979, c. 38, s. 13; 1980, c. 13, s. 36; 1982, c. 5, s. 94; 1986, c. 19, s. 81; 1987, c. 67, s. 91; 1993, c. 16, s. 157.

402. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1985, c. 25, s. 73; 1986, c. 19, s. 81; 1987, c. 67, s. 91; 1988, c. 18, s. 32; 1989, c. 77, s. 43.

403. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1985, c. 25, s. 73; 1986, c. 19, s. 81; 1987, c. 67, s. 91; 1988, c. 18, s. 32; 1989, c. 77, s. 43.

404. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1980, c. 11, s. 54; 1980, c. 13, s. 37; 1985, c. 25, s. 74; 1986, c. 19, s. 82; 1987, c. 67, s. 92; 1989, c. 77, s. 43.

404.1. (Repealed).

1980, c. 13, s. 38; 1985, c. 25, s. 75; 1989, c. 77, s. 43.

405. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1980, c. 13, s. 39; 1985, c. 25, s. 75; 1988, c. 18, s. 33; 1989, c. 77, s. 43.

406. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1982, c. 5, s. 95; 1985, c. 25, s. 75; 1988, c. 18, s. 34; 1993, c. 16, s. 158; 1995, c. 49, s. 104; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1998, c. 16, s. 152.

407. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 70; 1985, c. 25, s. 75; 1997, c. 3, s. 71; 1998, c. 16, s. 152.

DIVISION IV CANADIAN DEVELOPMENT EXPENSES

1975, c. 22, s. 90.

408. For the purposes of this chapter, “Canadian development expense of a taxpayer” means any cost or expense incurred after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, to the extent that such cost or expense constitutes

(a)  an expense incurred by him in:

i.  drilling or converting a well in Canada for the disposal of waste liquids from an oil or gas well;

ii.  drilling or completing an oil or gas well in Canada, building a temporary access road to the well or preparing a site in respect of the well, to the extent that the expense was not a Canadian exploration expense of the taxpayer in the taxation year during which it was incurred;

iii.  drilling or converting a well in Canada for the injection of water, gas or any other substance to assist in the recovery of petroleum or natural gas from another well;

iv.  drilling for water or gas in Canada for injection into a petroleum or natural gas formation; or

v.  drilling or converting a well in Canada for the purposes of monitoring fluid levels, pressure changes or other phenomena in an accumulation of petroleum or natural gas;

(a.1)  an expense incurred by him after 16 November 1978, in respect of an oil or gas well in Canada after the commencement of production from the well, to drill the well, to maintain or increase its production or to put it back into operation;

(b)  an expense incurred by him before 17 November 1978 to bring a mineral resource in Canada into production, including clearing, removing overburden and stripping, sinking a mine shaft and constructing an adit or other underground entry, to the extent that the expense was incurred prior to the commencement of production from the mine in reasonable commercial quantities;

(b.1)  any expense incurred by him after 31 December 1987, other than an amount included in the capital cost of a depreciable property,

i.  in sinking or excavating a mine shaft, main haulage way or similar underground work designed for continuing use, for a mine in a mineral resource in Canada built or excavated after the mine came into production, or

ii.  in extending any such shaft, haulage way or work;

(c)  notwithstanding section 144, the cost to the taxpayer of property described in any of paragraphs b, d.1 and e of section 370 or in paragraph f of that section in respect of property described in any of paragraphs b, d.1 and e of that section, including any payment for the preservation of a taxpayer’s rights in respect of such a property, but excluding, except for the application of this paragraph to a taxation year that begins after 31 December 2006,

i.  any payment made to a person referred to in section 90 for the preservation of a taxpayer’s rights in respect of a Canadian resource property, and

ii.  any payment to which subsection 1 of section 144 applies by reason of paragraph b of that subsection 1;

(d)  subject to section 418.37, his share of any expense described in paragraphs a to c incurred by a partnership in a fiscal period thereof, if at the end of that fiscal period he was a member thereof, unless the taxpayer elects in respect of the share in prescribed form and manner on or before the day that is six months after the taxpayer’s taxation year in which that period ends; or

(e)  any cost or expense described in paragraphs a to c incurred by him pursuant to an agreement in writing with a corporation entered into before 1 January 1987, under which agreement he so incurs such cost or expense solely as consideration for a share, except a prescribed share, of the capital stock of that corporation issued to him or any interest in or right to such a share.

1975, c. 22, s. 90; 1977, c. 26, s. 41; 1978, c. 26, s. 71; 1980, c. 13, s. 40; 1982, c. 5, s. 96; 1984, c. 15, s. 89; 1985, c. 25, s. 76; 1986, c. 19, s. 83; 1988, c. 18, s. 35; 1990, c. 59, s. 164; 1994, c. 22, s. 153; 1997, c. 3, s. 71; 2005, c. 1, s. 97.

409. A taxpayer’s Canadian development expenses do not however include

(a)  any consideration given by the taxpayer for any share, or for any interest therein or right thereto, except as provided by paragraph e of section 408;

(b)  any expense described in paragraph e of section 408 and incurred by another taxpayer to the extent that the expense is a Canadian development expense of that other taxpayer by virtue of that paragraph, a Canadian exploration expense of that other taxpayer by virtue of paragraph e of section 395 or a Canadian oil and gas property expense of that other taxpayer by virtue of paragraph c of section 418.2;

(c)  any amount included at any time in the capital cost to the taxpayer of any depreciable property of a prescribed class;

(c.1)  an expense that is the cost, or any part of the cost, to the taxpayer of any depreciable property of a prescribed class that was acquired after 31 December 1987; or

(d)  the taxpayer’s share of any consideration, expense, cost or expenditure referred to in any of paragraphs a to c given or incurred, as the case may be, by a partnership.

1975, c. 22, s. 90; 1982, c. 5, s. 97; 1998, c. 16, s. 153; 2004, c. 8, s. 76.

410. Where a taxpayer has received or is entitled to receive after 25 May 1976 assistance in respect of or related to his Canadian development expenses, the expenses contemplated in paragraphs a to e of section 408 shall not be reduced by the amount of such assistance.

1977, c. 26, s. 42; 1988, c. 18, s. 36.

411. In this chapter, “cumulative Canadian development expenses” of a taxpayer, at any time in a taxation year, means the amount by which the aggregate described in section 412 is exceeded by the aggregate of

(a)  the Canadian development expenses incurred by the taxpayer before that time;

(a.1)  all amounts determined under paragraph b of section 418.31.1 in respect of the taxpayer for a taxation year ending before that time;

(b)  all amounts required by paragraph e of section 330 to be included in computing his income for a taxation year ending before that time;

(c)  all amounts described in paragraph b or c of section 412 that, according to the evidence submitted by him, has become a bad debt before that time; and

(d)  such part of an amount described in paragraph h of section 412 as has been repaid by him before that time pursuant to a legal obligation to repay all or any part of that amount.

1975, c. 22, s. 90; 1977, c. 26, s. 43; 1978, c. 26, s. 72; 1980, c. 13, s. 41; 1982, c. 5, s. 98; 1991, c. 25, s. 74; 1993, c. 16, s. 159; 1995, c. 49, s. 236; 2004, c. 8, s. 77.

412. The amounts required to be deducted in computing the cumulative Canadian development expenses of a taxpayer at the time referred to in section 411 are the aggregate of:

(a)  all amounts deducted in computing his income for a taxation year ending before that time in respect of such expenses;

(b)  all amounts each of which is, in respect of the disposition by the taxpayer before that time of any property contemplated in paragraph b, d.1 or e of section 370 or paragraph f of section 370 in respect of any property contemplated in paragraph b, d.1 or e of that section, is equal to the amount by which

i.  the amount by which the proceeds of disposition in respect of the property that became receivable by the taxpayer before that time but after 6 May 1974 in the case of an oil business or after 31 March 1975 in the case of a mining business, exceed the aggregate of the outlays or expenses that the taxpayer made or incurred before that time but after 6 May 1974 in the case of an oil business or after 31 March 1975 in the case of a mining business for the purpose of making the disposition and that were not otherwise deductible for the purposes of this Part, exceeds

ii.  the amount by which the amount determined under the first paragraph of section 412.1 exceeds the amount determined under the second paragraph of that section;

iii.  (subparagraph repealed);

(c)  all amounts that become receivable by him before that time that are required to be deducted in computing such expenses under this paragraph by virtue of section 387 or 392;

(d)  all amounts included by him under paragraph a of section 408 for a previous taxation year that have become Canadian exploration expenses of the taxpayer by virtue of paragraph b of section 395;

(d.1)  all amounts that became, before that time, Canadian exploration expenses of the taxpayer by virtue of section 399.3;

(e)  all amounts paid to him after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, and before 25 May 1976 as a subsidy, a grant or assistance received under an Act, in respect of Canadian development expenses, to the extent provided by the regulations;

(f)  all amounts received by the taxpayer before that time in respect of a debt referred to in paragraph c of section 411;

(g)  the amount by which the aggregate of all amounts determined under section 418.12 in respect of a taxation year of the taxpayer ending at or before that time, in this paragraph referred to as the “relevant time”, exceeds the aggregate of all amounts each of which is the least of

i.  the amount that would be determined under the second paragraph of section 418.19, at a time, in this paragraph referred to as the “particular time”, that is the end of the latest taxation year of the taxpayer ending at or before the relevant time, in respect of the taxpayer as a corporation referred to in that section 418.19 in respect of a disposition, in this paragraph referred to as the “original disposition”, of Canadian resource property by a person who is an original owner of the property because of the original disposition, if

(1)  where the taxpayer has disposed of all or part of the property in circumstances in which section 418.19 applied, that section continued to apply to the taxpayer in respect of the original disposition as if each of the subsequent corporations contemplated in that section 418.19 were the same person as the taxpayer, and

(2)  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable before the particular time were made before the particular time;

ii.  the amount by which the aggregate of all amounts each of which became receivable at or before the particular time and before 1 January 1993 by the taxpayer and is included in computing the amount determined under subparagraph b of the second paragraph of section 418.21 in respect of the original disposition exceeds the amount by which

(1)  where the taxpayer disposed of all or part of the property before the particular time in circumstances in which section 418.21 applied, the amount that would be determined at the particular time under subparagraph a of the second paragraph of section 418.21 in respect of the original disposition if that subparagraph continued to apply to the taxpayer in respect of the original disposition as if each of the subsequent corporations contemplated in that section 418.21 were the same person as the taxpayer or, in any other case, the amount determined at the particular time under subparagraph a of the second paragraph of section 418.21 in respect of the original disposition, exceeds

(2)  the amount that would be determined at the particular time under subparagraph b of the second paragraph of section 418.21 in respect of the original disposition if that subparagraph were read without reference to the words “or by the corporation” or “or the corporation”, wherever they appear therein, and if amounts that became receivable after 31 December 1992 were not taken into account; and

iii.  nil, where

(1)  after the original disposition and at or before the particular time, the taxpayer disposed of all or part of the property in circumstances in which section 418.19 applied, otherwise than by way of an amalgamation or merger or solely because of the application of subparagraph a of the first paragraph of section 418.26, and

(2)  the winding-up of the taxpayer began at or before the relevant time or the taxpayer’s disposition referred to in subparagraph 1, other than a disposition under an agreement in writing entered into before 22 December 1992, occurred after 21 December 1992;

(h)  all amounts of assistance that he has received or is entitled to receive in respect of any Canadian development expense, including any amount that has become a Canadian exploration expense of the taxpayer by virtue of section 399.3, incurred after 31 December 1980 or that can reasonably be related to Canadian development activities after that date;

(h.1)  all amounts by which his cumulative Canadian development expense is required, because of section 485.8, to be reduced at or before that time;

(i)  all amounts required to be deducted before that time under section 392.3 in computing his cumulative Canadian development expenses;

(j)  any amount that is required to be deducted before that time under paragraph c of section 418.31 in computing his cumulative Canadian development expense.

1975, c. 22, s. 90; 1977, c. 26, s. 44; 1980, c. 13, s. 42; 1982, c. 5, s. 99; 1984, c. 15, s. 90; 1985, c. 25, s. 77; 1986, c. 19, s. 84; 1987, c. 67, s. 93; 1988, c. 18, s. 37; 1989, c. 77, s. 44; 1995, c. 49, s. 105; 1996, c. 39, s. 112; 1997, c. 3, s. 71; 2004, c. 8, s. 78; 2009, c. 5, s. 131.

412.1. The first amount referred to in subparagraph ii of paragraph b of section 412 is the aggregate of all amounts each of which would be determined under the second paragraph of section 418.19, immediately before the time, in this section referred to as the “relevant time”, when such proceeds of disposition became receivable, in respect of the taxpayer and an original owner of the property, or of any other property acquired by the taxpayer with the property in circumstances in which section 418.19 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

(a)  amounts that became receivable at or after the relevant time were not taken into account;

(b)  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable before the relevant time were made before the relevant time; and

(c)  no reduction under section 485.8 at or after the relevant time were taken into account.

The second amount referred to in subparagraph ii of paragraph b of section 412 is the total of

(a)  all amounts that would be determined under the second paragraph of section 418.19 at the relevant time in respect of the taxpayer and an original owner of the property or of any other property acquired by the taxpayer with the property in circumstances in which section 418.19 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

i.  amounts that became receivable after the relevant time and amounts described in subparagraph ii of subparagraph b of the second paragraph of section 418.19 that became receivable at the relevant time were not taken into account,

ii.  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable at or before the relevant time were made before the relevant time, and

iii.  no reduction under section 485.8 at or after the relevant time were taken into account; and

(b)  such portion of the amount otherwise determined under subparagraph ii of paragraph b of section 412 as was otherwise applied to reduce the amount otherwise determined under that paragraph.

1995, c. 49, s. 106; 1996, c. 39, s. 113.

413. A development corporation carrying on an oil business may deduct, in computing its income for a taxation year, an amount not exceeding the aggregate of its cumulative Canadian development expenses incurred in Québec at the end of the year and the amount by which the aggregate determined under subparagraph i of paragraph b of section 418.31.1 in respect of the corporation for the year in respect of its cumulative Canadian development expenses incurred in Québec exceeds the amount that would be determined in respect of the corporation for the year under paragraph e of section 330 in respect of such expenses if the aggregate last referred to in the said paragraph e were not taken into account, and an amount not exceeding the aggregate of

(a)  the lesser of:

i.  the aggregate of its other cumulative Canadian development expenses at the end of the year and the amount by which the aggregate determined under subparagraph i of paragraph b of section 418.31.1 in respect of the corporation for the year in respect of its other cumulative Canadian development expenses exceeds the amount that would be determined in respect of the corporation for the year under paragraph e of section 330 in respect of such expenses if the aggregate last referred to in the said paragraph e were not taken into account; and

ii.  the amount by which the amount determined under subparagraph ii of paragraph a of section 418.7 exceeds the amount determined under subparagraph i of the said paragraph; and

(b)  the lesser of

i.  the amount by which the amount determined under subparagraph i of subparagraph a exceeds the amount determined under subparagraph ii of the said subparagraph; or

ii.  the amount by which the aggregate of all amounts included in computing its income for the year by reason of the disposition, in the year, of a property included in its inventory under section 419, and acquired by the corporation under circumstances referred to in paragraph e of section 395 or 408, or any amount included, in computing its income, under paragraph e of section 87 to the extent that such amount relates to that property, exceeds the aggregate of any amount deducted as a reserve in computing its income for the year under section 153 to the extent that the reserve relates to such property; and

(c)  30% of the amount by which the amount determined under subparagraph i of subparagraph b exceeds that determined under subparagraph ii of the said subparagraph.

Any other taxpayer may deduct in computing his income for any taxation year in respect of an oil business an amount not exceeding the aggregate of amounts that would be determined in his respect under subparagraphs a to c of the first paragraph, if account were not taken of the word “other” in subparagraph i of the said subparagraph a.

1975, c. 22, s. 90; 1977, c. 26, s. 45; 1982, c. 5, s. 100; 1993, c. 16, s. 160; 1997, c. 3, s. 71; 1997, c. 14, s. 67; 2001, c. 53, s. 65.

414. A development corporation carrying on a mining business may deduct, in computing its income for a taxation year, the aggregate of its cumulative Canadian development expenses at the end of the year and the amount by which the aggregate determined under subparagraph i of paragraph b of section 418.31.1 in respect of the corporation for the year exceeds the amount that would be determined in respect of the corporation for the year under paragraph e of section 330 if the aggregate last referred to in the said paragraph e were not taken into account.

Any other taxpayer may deduct in respect of a mining business, in computing his income for a taxation year, the aggregate of his cumulative Canadian development expenses at the end of the year and the amount by which the aggregate determined under subparagraph i of paragraph b of section 418.31.1 in respect of the taxpayer for the year exceeds the amount that would be determined in respect of the taxpayer for the year under paragraph e of section 330 if the aggregate last referred to in the said paragraph e were not taken into account, without exceeding the greater of

(a)  the aggregate of amounts that would be determined in his respect under subparagraphs a to c of the first paragraph of section 413, if account were not taken of the word “other” in subparagraph i of the said subparagraph a; and

(b)  the amount by which the total of the aggregate of all amounts deducted in computing the taxpayer’s income for the year under section 357 in respect of a Canadian resource property or under section 358 and the aggregate of all amounts deducted for the year under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), sections 418.16 to 418.19 and section 418.21, that can reasonably be attributed to the amounts referred to in subparagraphs i to iii for the year, exceeds the total, before any deduction under section 88.4 of the Act respecting the application of the Taxation Act or any of sections 359 to 419.6, of

i.  his income for the year that may reasonably be attributed to the production of ore, other than iron or tar sands, from a resource property, processed to any stage that is not beyond the prime metal stage or its equivalent, the production of iron ore from a resource property, processed to any stage that is not beyond the pellet stage or its equivalent, and to any rental or royalty from a resource property, computed by reference to the amount or value of the production of ore;

ii.  the aggregate of the amounts included in computing his income for the year under paragraph b, d or e of section 330, other than any of the amounts contemplated in subparagraph iii, but to the extent that paragraph b of the said section refers to section 357, only the amounts deducted in computing his income under the said section 357 for the preceding taxation year in respect of the disposition of a Canadian resource property may be taken into consideration; and

iii.  the aggregate of all amounts included in computing the taxpayer’s income for the year under paragraph e of section 330 that can reasonably be attributed to the disposition by the corporation, in the year or in a preceding taxation year, of any interest or right in a Canadian resource property, to the extent that the proceeds of disposition have not been included in computing an amount for a preceding taxation year under this subparagraph, subparagraph i of subparagraph a of the third paragraph of sections 418.16 and 418.18, subparagraph iii of subparagraph c of the first paragraph of section 418.20, section 418.28, or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause A of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules.

1977, c. 26, s. 45; 1978, c. 26, s. 73; 1980, c. 13, s. 43; 1982, c. 5, s. 101; 1986, c. 19, s. 85; 1989, c. 77, s. 45; 1993, c. 16, s. 161; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 154.

415. (Repealed).

1975, c. 22, s. 90; 1977, c. 26, s. 46; 1978, c. 26, s. 74; 1980, c. 13, s. 44; 1985, c. 25, s. 78; 1986, c. 19, s. 86; 1987, c. 67, s. 94; 1988, c. 18, s. 38; 1989, c. 77, s. 46.

415.1. (Repealed).

1980, c. 13, s. 44; 1985, c. 25, s. 79; 1986, c. 19, s. 87; 1987, c. 67, s. 95; 1988, c. 18, s. 39; 1989, c. 77, s. 46.

415.2. (Repealed).

1980, c. 13, s. 44; 1985, c. 25, s. 80; 1987, c. 67, s. 96; 1989, c. 77, s. 46.

415.3. (Repealed).

1980, c. 13, s. 44; 1989, c. 77, s. 46.

416. For the purposes of section 413, cumulative Canadian development expenses are incurred in Québec when they concern expenses that would be described in section 408 if the words “in Canada” were replaced by the words “in Québec” and if paragraph c of the said section 408 applied only to a property which would be described in section 370 if the words “in Canada” were replaced by the words “in Québec”.

1975, c. 22, s. 90; 1978, c. 26, s. 75.

417. (Repealed).

1975, c. 22, s. 90; 1977, c. 26, s. 47; 1978, c. 26, s. 76; 1982, c. 5, s. 102; 1985, c. 25, s. 81; 1988, c. 18, s. 40; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1998, c. 16, s. 155.

418. (Repealed).

1975, c. 22, s. 90; 1978, c. 26, s. 77; 1985, c. 25, s. 81; 1997, c. 3, s. 71; 1998, c. 16, s. 155.

418.1. Where, pursuant to the terms of an arrangement in writing entered into before 12 December 1979, a taxpayer acquired a property described in paragraph a of section 418.2, for the purposes of this Act, the cost of acquisition of the property shall be deemed to be a Canadian development expense incurred at the time he acquired the property.

1982, c. 5, s. 103.

DIVISION IV.0.1 FOREIGN RESOURCE EXPENSE

2004, c. 8, s. 79.

418.1.1. In this chapter, the foreign resource expense of a taxpayer, in relation to a country other than Canada, means

(a)  any exploration or drilling expense, including any general geological or geophysical expense, incurred by the taxpayer on or in respect of exploring or drilling for petroleum or natural gas in that country;

(b)  any expense incurred by the taxpayer for the purpose of determining the existence, location, extent or quality of a mineral resource in that country, including any expense incurred in the course of prospecting, carrying out geological, geophysical or geochemical surveys, drilling, trenching, digging test pits or preliminary sampling;

(c)  the cost to the taxpayer of any of the taxpayer’s foreign resource properties in relation to that country;

(d)  any annual payment made by the taxpayer for the preservation of a foreign resource property in relation to that country; and

(e)  subject to section 418.37, the taxpayer’s share of an expense, cost or payment described in any of paragraphs a to d that is incurred or made by a partnership in a fiscal period of the partnership that begins after 31 December 2000, where the taxpayer was a member of the partnership at the end of that fiscal period.

2004, c. 8, s. 79.

418.1.2. A taxpayer’s foreign resource expense, in relation to a country other than Canada, does not however include

(a)  an expenditure that is the cost, or any part of the cost, to the taxpayer of any depreciable property of a prescribed class;

(b)  an expenditure incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to evaluate the feasibility of a method of recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates;

(c)  an expenditure, other than a drilling expense, incurred at any time after the commencement of production from a foreign resource property of the taxpayer in order to assist in the recovery of petroleum, natural gas or related hydrocarbons from the portion of a natural reservoir to which the foreign resource property relates;

(d)  an expenditure incurred in relation to the injection of any substance to assist in the recovery of petroleum, natural gas or related hydrocarbons from a natural reservoir;

(e)  an expenditure incurred by the taxpayer, unless the expenditure was made

i.  for the purpose of enabling the taxpayer to acquire foreign resource property,

ii.  for the purpose of enhancing the value of foreign resource property that the taxpayer owned at the time the expenditure was incurred or that the taxpayer had a reasonable expectation of owning after that time, or

iii.  for the purpose of assisting the taxpayer in evaluating whether a foreign resource property is to be acquired by the taxpayer;

(f)  the taxpayer’s share of any expenditure or cost described in any of paragraphs a to e that is incurred by a partnership; or

(g)  an expenditure incurred by the taxpayer in a taxation year of the taxpayer that begins before 1 January 2001.

2004, c. 8, s. 79; 2005, c. 38, s. 77.

418.1.3. In this chapter, the cumulative foreign resource expense of a taxpayer at a particular time, in relation to a country other than Canada, in this section and sections 418.1.4 and 418.1.5 referred to as the “foreign country”, means the amount by which the aggregate of the following expenses and other amounts exceeds the aggregate determined under section 418.1.4:

(a)  the foreign resource expenses, in relation to the foreign country, incurred by the taxpayer

i.  before the particular time, and

ii.  at a time, in this section and section 418.1.4 referred to as a “resident time”, at which the taxpayer was resident in Canada and, where the taxpayer became resident in Canada before the particular time, that is after the last time before the particular time, that the taxpayer became resident in Canada;

(b)  each amount required under paragraph e.1 of section 330 to be included, in relation to the foreign country, in computing the taxpayer’s income for a taxation year ending before the particular time and at a resident time;

(c)  each amount referred to in paragraph b or c of section 418.1.4 that, in accordance with the evidence submitted by the taxpayer, has become a bad debt before the particular time and at a resident time; and

(d)  each particular amount determined under section 418.32.2, in respect of the taxpayer and the foreign country, for a taxation year ending before the particular time and at a resident time.

2004, c. 8, s. 79.

418.1.4. The aggregate which, for the purposes of section 418.1.3, must be determined under this section, is the aggregate of

(a)  each amount deducted in computing the taxpayer’s income for a taxation year ending before the particular time and at a resident time, in respect of the taxpayer’s cumulative foreign resource expense in relation to the foreign country;

(b)  each amount in respect of a foreign resource property, in relation to the foreign country, in section 418.1.5 referred to as the “particular property”, disposed of by the taxpayer equal to the amount by which the amount designated under subparagraph ii of paragraph a of section 330 by the taxpayer in respect of the portion of the proceeds of that disposition that became receivable before the particular time and at a resident time exceeds the excess amount determined under section 418.1.5;

(c)  each amount in respect of the foreign country that is included in the amount determined under this paragraph by reason of section 390.1 that became receivable by the taxpayer before the particular time and at a resident time;

(d)  each amount received by the taxpayer before the particular time and at a resident time in respect of a debt referred to in paragraph c of section 418.1.3;

(e)  each amount by which the cumulative foreign resource expense of the taxpayer, in relation to the foreign country, is required, by reason of section 485.8, to be reduced at or before the particular time and at a resident time; and

(f)  each amount that is required to be deducted, before the particular time and at a resident time, under paragraph a of section 418.32.1 in computing the taxpayer’s cumulative foreign resource expense, in relation to the foreign country.

2004, c. 8, s. 79.

418.1.5. The excess amount which, for the purposes of paragraph b of section 418.1.4, must be determined under this section, is the amount by which the amount determined under the second paragraph exceeds the amount determined under the third paragraph.

The first amount referred to in the first paragraph is the aggregate of all amounts each of which is an amount that would be determined under the second paragraph of section 418.17.3, immediately before the time, in this section referred to as the “relevant time”, when such proceeds of disposition became receivable, in respect of the taxpayer, the foreign country and an original owner of the particular property, or of any other property acquired by the taxpayer with the particular property in circumstances to which section 418.17.3 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

(a)  amounts that became receivable at or after the relevant time were not taken into account;

(b)  the second paragraph of section 418.17.3 were read without reference to “30% of”; and

(c)  no reduction under section 485.8 at or after the relevant time were taken into account.

The second amount referred to in the first paragraph is the total of

(a)  the aggregate of all amounts each of which is an amount that would be determined under the second paragraph of section 418.17.3 at the relevant time in respect of the taxpayer, the foreign country and an original owner of the particular property, or of any other property acquired by the taxpayer with the particular property in circumstances to which section 418.17.3 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

i.  amounts that became receivable after the relevant time were not taken into account,

ii.  the second paragraph of section 418.17.3 were read without reference to “30% of”, and

iii.  no reduction under section 485.8 at or after the relevant time were taken into account; and

(b)  the portion of the amount otherwise determined under this section that was applied to reduce the amount otherwise determined under paragraph b of section 418.1.4.

2004, c. 8, s. 79.

418.1.6. In this chapter, the adjusted cumulative foreign resource expense of a taxpayer at the end of a taxation year, in relation to a country, means the aggregate of the cumulative foreign resource expense of the taxpayer, in relation to that country, at the end of the year, and the amount by which the aggregate determined for the year under paragraph a of section 418.32.2 in respect of the taxpayer and that country exceeds the amount that would, but for subparagraph ii of paragraph e.1 of section 330, be determined for the year under that paragraph e.1 in respect of the taxpayer and that country.

2004, c. 8, s. 79.

418.1.7. In this division, the foreign resource income of a taxpayer for a taxation year, in relation to a country other than Canada, means the total of

(a)  that part of the taxpayer’s income for the year, determined without reference to sections 371 and 418.1.10, that can reasonably be attributed to the production of petroleum or natural gas from a natural accumulation of petroleum or natural gas in that country or from oil or gas wells in that country, or to the production of minerals from mines in that country;

(b)  the taxpayer’s income for the year from royalties in respect of a natural accumulation of petroleum or natural gas in that country, an oil or gas well in that country or a mine in that country, determined without reference to sections 371 and 418.1.10; and

(c)  the aggregate of all amounts each of which is an amount, in respect of a foreign resource property in relation to that country that has been disposed of by the taxpayer, equal to the amount by which the amount included in computing the taxpayer’s income for the year by reason of paragraph a of section 330 in respect of that disposition exceeds the aggregate of all amounts each of which is that portion of an amount deducted under section 418.17 in computing the taxpayer’s income for the year that can reasonably be considered to be in respect of the foreign resource property, but cannot reasonably be considered to have reduced the amount otherwise determined under paragraph a or b in respect of the taxpayer for the year.

2004, c. 8, s. 79.

418.1.8. In this division, the foreign resource loss of a taxpayer for a taxation year in relation to a country other than Canada means the amount of that loss computed, with the necessary modifications, in accordance with section 418.1.7.

2004, c. 8, s. 79.

418.1.9. In this division, the global foreign resource limit of a taxpayer for a taxation year means the amount that is the lesser of

(a)  the amount by which the amount determined under paragraph b of section 374 in respect of the taxpayer for the year exceeds the total of

i.  the aggregate of all amounts each of which is the maximum amount that the taxpayer would be permitted to deduct, in relation to a country, under section 418.1.10 in computing the taxpayer’s income for the year if, in its application to the year, that section were read without reference to paragraph b thereof, and

ii.  the amount deducted under section 371 in computing the taxpayer’s income for the year; and

(b)  the amount by which 30% of the aggregate of all amounts each of which is, at the end of the year, the taxpayer’s adjusted cumulative foreign resource expense in relation to a country exceeds the aggregate described in subparagraph i of paragraph a.

2004, c. 8, s. 79.

418.1.10. In computing a taxpayer’s income for a taxation year throughout which the taxpayer is resident in Canada, the taxpayer may deduct an amount claimed by the taxpayer, in respect of a country other than Canada, not exceeding the total of

(a)  the greater of

i.  10% of an amount, in this section referred to as a “particular amount”, equal to the taxpayer’s adjusted cumulative foreign resource expense in relation to that country at the end of the year, and

ii.  the least of

(1)  if the taxpayer ceases to be resident in Canada immediately after the end of the year, the particular amount,

(2)  if subparagraph 1 does not apply, 30% of the particular amount,

(3)  the amount by which the taxpayer’s foreign resource income for the year in relation to that country exceeds the portion of the amount, deducted under section 371 in computing the taxpayer’s income for the year, that is attributable to a source in that country, and

(4)   the amount by which the aggregate of all amounts each of which is the taxpayer’s foreign resource income for the year in relation to a country exceeds the total of the aggregate of all amounts each of which is the taxpayer’s foreign resource loss for the year in relation to a country and the amount deducted under section 371 in computing the taxpayer’s income for the year; and

(b)  the lesser of

i.  the amount by which the particular amount exceeds the amount determined for the year under paragraph a in respect of the taxpayer, and

ii.  that portion of the taxpayer’s global foreign resource limit for the year that is designated for the year by the taxpayer, in relation to that country and no other country, in prescribed form filed with the Minister with the taxpayer’s fiscal return filed under this Part for the year.

2004, c. 8, s. 79.

418.1.11. Where at any time in a taxation year an individual becomes or ceases to be resident in Canada, the following rules apply:

(a)  section 418.1.10 applies to the individual as if the taxation year were the period or periods in the year throughout which the individual was resident in Canada; and

(b)  for the purposes of this chapter, section 393.1 does not apply to the individual for the year.

2004, c. 8, s. 79.

DIVISION IV.1 CANADIAN OIL AND GAS PROPERTY EXPENSE

1982, c. 5, s. 103.

418.2. In sections 362 to 394, Divisions III and IV and this division, “Canadian oil and gas property expense of a taxpayer” means any cost or expense incurred after 11 December 1979, to the extent that the cost or expense is

(a)  notwithstanding section 144, the cost to the taxpayer of property described in any of paragraphs a, c and d of section 370 or in paragraph f of that section in respect of property described in any of paragraphs a, c and d of that section, including any payment for the preservation of a taxpayer’s rights in respect of such a property or an amount paid or, except for the application of this paragraph to a taxation year that begins after 31 December 2006, payable to Her Majesty in right of the Province of Saskatchewan as a net royalty payment pursuant to a net royalty petroleum and natural gas lease that was in effect on 31 March 1977 to the extent that such payment can reasonably be considered to be a cost of acquiring the lease, but excluding, except for the application of this paragraph to a taxation year that begins after 31 December 2006,

i.  any payment made to a person referred to in section 90 for the preservation of a taxpayer’s rights in respect of a Canadian resource property, and

ii.  any payment, other than a net royalty payment referred to in this paragraph, to which subsection 1 of section 144 applies by reason of paragraph b of that subsection;

(b)  subject to section 418.37, his share of any expense described in paragraph a incurred by a partnership in a fiscal period of the partnership of which he was a member at the end of that fiscal period, unless the taxpayer elects in respect of the share in prescribed form and manner on or before the day that is six months after the taxpayer’s taxation year in which that period ends; or

(c)  any cost or expense described in paragraph a incurred by the taxpayer pursuant to an agreement in writing with a corporation entered into before 1 January 1987, under which the taxpayer incurred the cost or expense solely as consideration for a share, except a prescribed share, of the capital stock of the corporation issued to him or any interest in or right to such a share.

1982, c. 5, s. 103; 1984, c. 15, s. 91; 1986, c. 19, s. 88; 1988, c. 18, s. 41; 1990, c. 59, s. 165; 1994, c. 22, s. 154; 1997, c. 3, s. 71; 1998, c. 16, s. 156; 2005, c. 1, s. 98.

418.3. Canadian oil and gas property expense does not include, however, any consideration given by the taxpayer for any share or any interest therein or right thereto, except as provided by paragraph c of section 418.2, or any expense contemplated in the said paragraph incurred by any other taxpayer to the extent that the expense is for the latter a Canadian oil and gas property expense under the said paragraph, a Canadian exploration expense under paragraph e of section 395 or a Canadian development expense under paragraph e of section 408.

1982, c. 5, s. 103.

418.4. Where a taxpayer has received or is entitled to receive any amount of assistance in respect of or related to his Canadian oil and gas property expense, the expenses contemplated in paragraphs a to c of section 418.2 shall not be reduced by the amount of such assistance.

1982, c. 5, s. 103; 1988, c. 18, s. 42.

418.5. In this chapter, cumulative Canadian oil and gas property expense of a taxpayer at any time in a taxation year means the amount by which the aggregate

(a)  of the Canadian oil and gas property expense incurred by the taxpayer before that time,

(a.1)  of the aggregate of all amounts determined under paragraph c of section 418.31.1 in respect of the taxpayer for a taxation year ending before that time,

(b)  of all amounts determined under section 418.12 in respect of the taxpayer for any taxation year ending before that time,

(c)  of all amounts contemplated in paragraph b or c of section 418.6 that, in accordance with the evidence submitted by the taxpayer, have become a bad debt before that time, and

(d)  of such part of an amount contemplated in paragraph e of section 418.6 as has been repaid by him before that time pursuant to a legal obligation to repay all or any part of that amount exceeds the aggregate described in section 418.6.

1982, c. 5, s. 103; 1991, c. 25, s. 75; 1993, c. 16, s. 162; 1995, c. 49, s. 236; 1997, c. 14, s. 68; 2004, c. 8, s. 80.

418.6. The amounts to be deducted in computing cumulative Canadian oil and gas property expense of a taxpayer at any time contemplated in section 418.5 are the aggregate

(a)  of any amount deducted in computing his income for any taxation year ending before that time in respect of such expense;

(b)  of any amount which in respect of the disposition by the taxpayer before that time of property referred to in paragraph a, c or d of section 370 or in paragraph f of section 370 in respect of property referred to in paragraph a, c or d of that section is equal to the amount by which

i.  the amount by which the proceeds of disposition in respect of the property that became receivable by the taxpayer before that time exceed the aggregate of any outlays or expenses that the taxpayer made or incurred before that time for the purpose of making the disposition and that were not otherwise deductible for the purposes of this Part, exceeds

ii.  the total of the amount determined under section 418.6.1 and the amount determined under section 418.6.2,

iii.  (subparagraph repealed);

(c)  of any amount that, before that time, becomes receivable by him and must be included in the amount contemplated in this paragraph by virtue of section 392.1;

(d)  of any amount received by the taxpayer before that time in respect of a debt contemplated in paragraph c of section 418.5;

(e)  of any amount of assistance that he has received or is entitled to receive in respect of any Canadian oil and gas property expense incurred after 31 December 1980 or that can reasonably be related to any such expense incurred after that date;

(e.1)  of any amount by which his cumulative Canadian oil and gas property expense is required, because of section 485.8, to be reduced at or before that time; and

(f)  any amount that is required to be deducted before that time under paragraph d of section 418.31 in computing his cumulative Canadian oil and gas property expense.

1982, c. 5, s. 103; 1986, c. 19, s. 89; 1988, c. 18, s. 43; 1989, c. 77, s. 47; 1995, c. 49, s. 107; 1996, c. 39, s. 114; 2004, c. 8, s. 81.

418.6.1. The first amount referred to in subparagraph ii of paragraph b of section 418.6 is the amount by which the aggregate of all amounts that would be determined under the second paragraph of section 418.21, immediately before the time, in this section and in section 418.6.2 referred to as the “relevant time”, when such proceeds of disposition became receivable, in respect of the taxpayer and an original owner of the property, or of any other property acquired by the taxpayer with the property in circumstances in which section 418.21 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, exceeds the amount described in the second paragraph, if

(a)  amounts that became receivable at or after the relevant time were not taken into account;

(b)  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable before the relevant time were made before the relevant time;

(c)  the second paragraph of section 418.21 were read without reference to “10% of”; and

(d)  no reduction under section 485.8 at or after the relevant time were taken into account.

The amount referred to in the first paragraph as being described in the second paragraph is the aggregate of

(a)  all amounts that would be determined under the second paragraph of section 418.21 at the relevant time in respect of the taxpayer and an original owner of the property, or of any other property acquired by the taxpayer with the property in circumstances in which section 418.21 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

i.  amounts that became receivable after the relevant time were not taken into account,

ii.  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable at or before the relevant time were made before the relevant time,

iii.  the second paragraph of section 418.21 were read without reference to “10% of”, and

iv.  no reduction under section 485.8 at or after the relevant time were taken into account; and

(b)  such portion of the amount determined under this section as was otherwise applied to reduce the amount otherwise determined under paragraph b of section 418.6.

1995, c. 49, s. 108; 1996, c. 39, s. 115.

418.6.2. The second amount referred to in subparagraph ii of paragraph b of section 418.6 is the amount by which the aggregate of all amounts that would be determined under the second paragraph of section 418.19, immediately before the relevant time, in respect of the taxpayer and an original owner of the property, or of any other property acquired by the taxpayer with the property in circumstances in which section 418.19 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, exceeds the amount described in the second paragraph, if

(a)  amounts that became receivable at or after the relevant time were not taken into account;

(b)  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable before the relevant time were made before the relevant time; and

(c)  no reduction under section 485.8 at or after the relevant time were taken into account.

The amount referred to in the first paragraph as being described in the second paragraph is the aggregate of

(a)  all amounts that would be determined under the second paragraph of section 418.19 at the relevant time in respect of the taxpayer and an original owner of the property, or of any other property acquired by the taxpayer with the property in circumstances in which section 418.21 applied and in respect of which the proceeds of disposition became receivable by the taxpayer at the relevant time, if

i.  amounts that became receivable after the relevant time and amounts described in subparagraph i of subparagraph b of the second paragraph of section 418.19 that became receivable at the relevant time were not taken into account,

ii.  each designation made under subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 418.19 in respect of an amount that became receivable at or before the relevant time were made before the relevant time, and

iii.  no reduction under section 485.8 at or after the relevant time were taken into account; and

(b)  such portion of the amount otherwise determined under this section as was otherwise applied to reduce the amount otherwise determined under paragraph b of section 418.6.

1995, c. 49, s. 108; 1996, c. 39, s. 116.

418.7. A taxpayer may deduct, in computing his income for a taxation year, an amount not exceeding the aggregate of

(a)  the lesser of

i.  the aggregate of his cumulative Canadian oil and gas property expense at the end of the year and the amount by which the aggregate determined under subparagraph i of paragraph c of section 418.31.1 in respect of the taxpayer for the year exceeds the amount that would be determined in respect of the taxpayer for the year under section 418.12 if the aggregate last referred to in the said section 418.12 were not taken into account; and

ii.  the amount by which the aggregate of any amount included in computing his income for the year by reason of the disposition, in the year, of a property included in his inventory under section 419, and acquired by him under circumstances referred to in paragraph c of section 418.2, or any amount included, in computing his income, under paragraph e of section 87 to the extent that the amount relates to that property, exceeds the aggregate of any amount deducted as a reserve in computing his income for the year under section 153 to the extent that the reserve relates to such property; and

(b)  10% of the amount by which any amount determined under subparagraph i of paragraph a exceeds the amount determined under subparagraph ii of the said paragraph.

1982, c. 5, s. 103; 1993, c. 16, s. 163; 1997, c. 14, s. 69.

418.8. (Repealed).

1982, c. 5, s. 103; 1985, c. 25, s. 82; 1986, c. 19, s. 90; 1989, c. 77, s. 48.

418.9. (Repealed).

1982, c. 5, s. 103; 1985, c. 25, s. 82; 1986, c. 19, s. 91; 1989, c. 77, s. 48.

418.10. (Repealed).

1982, c. 5, s. 103; 1985, c. 25, s. 83; 1987, c. 67, s. 97; 1989, c. 77, s. 48.

418.11. (Repealed).

1982, c. 5, s. 103; 1989, c. 77, s. 48.

418.12. For the purposes of subparagraph a of the second paragraph of section 358, as it applies in respect of dispositions occurring before 13 November 1981, paragraph g of section 412 and paragraph b of section 418.5, the amount determined under this section for a taxation year in respect of a taxpayer is equal to the amount by which the aggregate of all amounts deducted under section 418.6 in computing the taxpayer’s cumulative Canadian oil and gas property expense at the end of the year exceeds the total of all amounts included under section 418.5 in computing the taxpayer’s cumulative Canadian oil and gas property expense at the end of the year and the aggregate determined under subparagraph i of paragraph c of section 418.31.1 in respect of the taxpayer for the year.

1982, c. 5, s. 103; 1993, c. 16, s. 164; 1995, c. 49, s. 109.

418.13. (Repealed).

1982, c. 5, s. 103; 1985, c. 25, s. 84; 1988, c. 18, s. 44; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1998, c. 16, s. 157.

418.14. (Repealed).

1982, c. 5, s. 103; 1985, c. 25, s. 84; 1997, c. 3, s. 71; 1997, c. 14, s. 70; 1998, c. 16, s. 157.

DIVISION IV.2 SUCCESSOR CORPORATIONS

1989, c. 77, s. 49; 1997, c. 3, s. 71.

418.15. In this chapter, the expression

(a)  “reserve amount” of a corporation for a taxation year in respect of an original owner or predecessor owner of a Canadian resource property means the amount by which

i.  the aggregate of all amounts that are required to be included, under paragraph b of section 330, in computing its income for the year, and required to be included under section 545 or section 564 where it refers to the said section 545, in respect of a reserve deducted under section 357 or 358 in computing the income of the original owner or predecessor owner exceeds

ii.  the aggregate of all amounts deducted under section 357 or 358 in computing its income for the year in respect of the disposition of property by the original owner or the predecessor owner, as the case may be;

(b)  “predecessor owner” of a Canadian resource property or a foreign resource property means a corporation

i.  that acquired the property in circumstances in which any of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), applies, or would apply if the corporation had continued to own the property, to the corporation in respect of the property,

ii.  that disposed of the property to another corporation that acquired it in circumstances in which any of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, applies, or would apply if the other corporation had continued to own the property, to the other corporation in respect of the property, and

iii.  that would, but for section 418.33, 418.34, 418.34.1 or 418.36, as the case may be, be entitled in computing its income for a taxation year ending after it disposed of the property to a deduction under any of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, in respect of expenses incurred by an original owner of the property;

(c)  “original owner” of a Canadian resource property or a foreign resource property means a person

i.  who owned the property and disposed of it to a corporation that acquired it in circumstances in which any of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, applies, or would apply if the corporation had continued to own the property, to the corporation in respect of the property, and

ii.  who would, but for section 418.31, 418.32, 418.32.1 or 418.36, as the case may be, be entitled in respect of expenses described in section 88.5 of the Act respecting the application of the Taxation Act, to the extent that section 88.4 of that Act refers to expenses described in subparagraph i or ii of paragraph c of subsection 25 of section 29 of the Income Tax Application Rules, Canadian exploration and development expenses, foreign resource pool expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses incurred by the person before the person disposed of the property to a deduction, in computing the person’s income for a taxation year ending after the person disposed of the property, under that section 88.4, to the extent that it refers to section 29 of the Income Tax Application Rules, or under any of sections 367, 368, 371, 400, 401, 413, 414, 418.1.10 and 418.7.

For the purposes of this chapter, except for the purposes of subparagraph b of the second paragraph of section 414 and subparagraph c of the first paragraph of section 418.20, “production” from a Canadian resource property or a foreign resource property means

(a)  petroleum, natural gas and related hydrocarbons produced from the property,

(b)  heavy crude oil produced from the property processed to any stage that is not beyond the crude oil stage or its equivalent,

(c)  ore, other than iron ore or tar sands, produced from the property processed to any stage that is not beyond the prime metal stage or its equivalent,

(d)  iron ore produced from the property processed to any stage that is not beyond the pellet stage or its equivalent,

(e)  tar sands produced from the property processed to any stage that is not beyond the crude oil stage or its equivalent, and

(f)  any rental or royalty from the property computed by reference to the amount or value of the production of petroleum, natural gas or related hydrocarbons or ore.

1989, c. 77, s. 49; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 14, s. 71; 1998, c. 16, s. 158; 2004, c. 8, s. 82.

418.16. Subject to sections 418.22 and 418.23, where after 31 December 1971 a corporation acquired, in any manner whatsoever, a particular Canadian resource property referred to in this section as “particular property”, it may deduct in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is the lesser of the amount referred to in the second paragraph and the amount referred to in the third paragraph determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to the amount of the Canadian exploration and development expenses incurred by the original owner before he disposed of the particular property, to the extent that those expenses

(a)  were not otherwise deducted in computing the income of the corporation for the year or deducted in computing the income of the corporation for a preceding taxation year or in computing the income of a predecessor owner of the particular property for any taxation year; and

(b)  were not deductible under section 362 or deducted under section 367 or 368 in computing the income of the original owner for any taxation year.

The last amount to which the first paragraph refers is equal to the amount by which

(a)  the part of the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or any of sections 359 to 419.6, that may reasonably be regarded as attributable to

i.  the amount included in computing its income for the year under paragraph e of section 330 that may reasonably be regarded as attributable to the disposition by the corporation in the year or a preceding taxation year of any interest in or right to the particular property to the extent that the proceeds of the disposition have not been included in computing an amount for any preceding taxation year under this subparagraph, subparagraph i of subparagraph a of the third paragraph of section 418.18, subparagraph iii of subparagraph c of the first paragraph of section 418.20, section 418.28 or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause A of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement),

ii.  its reserve amount for the year in respect of the original owner and each predecessor owner of the particular property, or

iii.  production from the particular property; exceeds

(b)  the aggregate of

i.  any other amount deducted for the year under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, this section and any of sections 418.18, 418.19 and 418.21, that can reasonably be regarded as attributable to the part of its income for the year described in subparagraph a in respect of the particular property, and

ii.  any other amount added, because of section 485.13, in computing the amount determined under subparagraph a.

1989, c. 77, s. 49; 1993, c. 16, s. 165; 1996, c. 39, s. 117; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293.

418.17. Subject to sections 418.22 and 418.24, where after 31 December 1971 a corporation acquires, in any manner whatsoever, a particular foreign resource property, referred to in this section as “particular property”, it may deduct in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is an amount equal to the lesser of the amount referred to in the second paragraph and the amount referred to in the third paragraph determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to the amount by which

(a)  the amount of foreign exploration and development expenses incurred by the original owner before the disposition of the particular property by the original owner, to the extent that those expenses were incurred when the original owner was resident in Canada, were not otherwise deducted in computing the income of the corporation for the year, were not deducted in computing the income of the corporation for any preceding taxation year or in computing the income of any predecessor owner of the particular property for any taxation year and were not deductible in computing the income of the original owner for any taxation year, exceeds

(b)  the aggregate of all amounts by which the amount determined under this paragraph is required, because of section 485.8, to be reduced at or before the end of the year.

The last amount to which the first paragraph refers is equal to the amount by which

(a)  the aggregate of

i.  the part of the corporation’s income for the year, determined before any deduction under any of sections 359 to 419.6, that may reasonably be regarded as attributable to

(1)  the amount included in computing its income for the year under paragraph a of section 330, that may reasonably be regarded as attributable to the disposition by the corporation of any interest in or right to the particular property, or

(2)  production from the particular property, and

ii.  the lesser of

(1)  the aggregate of all amounts each of which is the amount designated by the corporation for the year in respect of a Canadian resource property owned by the original owner immediately before being acquired with the particular property by the corporation or a predecessor owner of the particular property, not exceeding the amount included in computing the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) and sections 359 to 419.6, that may reasonably be regarded as being attributable to the production, after 31 December 1988, from the Canadian resource property, and

(2)  the amount by which 10% of the amount described in the second paragraph for the year in respect of the original owner exceeds the aggregate of all amounts each of which would, but for this subparagraph ii, subparagraph ii of paragraph b and subparagraph ii of subparagraph f of the first paragraph of section 418.26, be determined under this paragraph for the year in respect of the particular property or other foreign resource property owned by the original owner immediately before being acquired with the particular property by the corporation or a predecessor owner of the particular property, exceeds

(b)  the aggregate of

i.  any other amount deducted for the year under this section and section 418.19 as a result of the application of subparagraph c of the first paragraph of section 418.20 that can reasonably be regarded as attributable to the part of its income for the year described in subparagraph i of subparagraph a in respect of the particular property,

ii.  any other amount deducted for the year under this section that can reasonably be regarded as attributable to the part of its income referred to in subparagraph 1 of subparagraph ii of subparagraph a for the year in respect of which an amount is designated by the corporation under the said subparagraph 1, and

iii.  any other amount added, because of section 485.13, in computing the amount determined under subparagraph i of subparagraph a.

Income in respect of which an amount is designated under subparagraph 1 of subparagraph ii of subparagraph a of the third paragraph is deemed, for the purposes of subparagraph iii of subparagraph a of the third paragraph of sections 418.16 and 418.18, subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.19, subparagraph i of subparagraph c of the first paragraph of section 418.20, subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.21, paragraph a of section 418.28 of this Act and section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause B of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)), not to be attributable to production from a Canadian resource property.

1989, c. 77, s. 49; 1993, c. 16, s. 166; 1995, c. 49, s. 110; 1996, c. 39, s. 118; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293; 2004, c. 8, s. 83; 2009, c. 5, s. 132.

418.17.1. The portion of an amount deducted under section 418.17 in computing a taxpayer’s income for a taxation year that can reasonably be considered to be in respect of specified foreign exploration and development expenses of the taxpayer in relation to a country is considered as being attributable to a source in that country.

2004, c. 8, s. 84.

418.17.2. For the purposes of section 418.17.1, where a taxpayer has incurred specified foreign exploration and development expenses in relation to two or more countries, an allocation to each of those countries for a taxation year shall be determined in a manner that is

(a)  reasonable having regard to all the circumstances, including the level and timing of

i.  the taxpayer’s specified foreign exploration and development expenses in relation to that country, and

ii.  the profits or gains to which those expenses relate; and

(b)  not inconsistent with the allocation made under section 418.17.1 for the preceding taxation year.

2004, c. 8, s. 84.

418.17.3. Subject to sections 418.22 and 418.24, where a corporation acquires, in any manner whatever, a particular foreign resource property, in this section referred to as the “particular property”, in relation to a particular country, there may be deducted by the corporation in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is an amount equal to the lesser of the amount described in the second paragraph and the amount described in the third paragraph determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to 30% of the amount by which the cumulative foreign resource expense, in relation to the particular country, of the original owner determined immediately after the disposition of the particular property by the original owner to the extent that it has not been otherwise deducted in computing the corporation’s income for the year, has not been deducted in computing the corporation’s income for any preceding taxation year and has not been deducted in computing the income of the original owner or any predecessor owner of the particular property for any taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is a particular amount, reduced by the portion of that amount provided for in the fifth paragraph, that became receivable by a predecessor owner of the particular property, or by the corporation in the year or a preceding taxation year, and that

i.  was included by the predecessor owner or the corporation in computing an amount determined, without reference to section 418.1.5, under paragraph b of section 418.1.4 at the end of the year, and

ii.  can reasonably be attributed to the disposition of a property, in the fifth paragraph referred to as the “particular resource property”, that is the particular property or another foreign resource property, in relation to the particular country, that was acquired from the original owner with the particular property by the corporation or a predecessor owner of the particular property; and

(b)  the aggregate of all amounts each of which is an amount by which the amount determined under this paragraph is required by reason of section 485.8 to be reduced at or before the end of the year.

The last amount to which the first paragraph refers is equal to the amount by which the amount determined under the fourth paragraph is exceeded by the aggregate of

(a)  the lesser of

i.  the part of the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or any of sections 359 to 419.6, that can reasonably be attributed to the production from the particular property, and

ii.  where the corporation acquires the particular property from the original owner at any time in the year, otherwise than as a result of an amalgamation or merger or solely by reason of the application of subparagraph a of the first paragraph of section 418.26 and did not deal with the original owner at arm’s length at that time, nil; and

(b)  unless the amount determined under subparagraph a is nil by reason of subparagraph ii of that subparagraph, the lesser of

i.  the aggregate of all amounts each of which is the amount designated by the corporation for the year in respect of a Canadian resource property owned by the original owner immediately before being acquired with the particular property by the corporation or a predecessor owner of the particular property, not exceeding the amount included in computing the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act or any of sections 359 to 419.6, that can reasonably be attributed to the production from the Canadian resource property, and

ii.  the amount by which 10% of the amount described in the second paragraph for the year, in respect of the original owner, exceeds the aggregate of all amounts each of which would, but for this subparagraph, subparagraph ii of subparagraph b of the third paragraph of section 418.17 and subparagraph ii of subparagraph f of the first paragraph of section 418.26, be determined under this paragraph for the year in respect of the particular property or other foreign resource property, in relation to the particular country, owned by the original owner immediately before being acquired with the particular property by the corporation or a predecessor owner of the particular property.

The amount that, for the purposes of the third paragraph, is required to be determined under this paragraph is the aggregate of

(a)  any other amount deducted for the year under this section, section 418.17 or section 418.19 as a consequence of the application of subparagraph c of the first paragraph of section 418.20, that can reasonably be attributed to the part of the corporation’s income for the year, described in subparagraph a of the third paragraph, in relation to the particular property;

(b)  any other amount deducted for the year under this section or section 418.17, that can reasonably be attributed to a part of the corporation’s income for the year, described in subparagraph i of subparagraph b of the third paragraph, in respect of which an amount is designated by the corporation under that subparagraph; and

(c)  any amount added, by reason of section 485.13, in computing the amount determined under subparagraph a of the third paragraph.

The particular amount referred to in subparagraph a of the second paragraph shall be reduced by the portion thereof that can reasonably be considered to result in a reduction of the amount otherwise determined under that paragraph in relation to another original owner of a particular resource property who is not a predecessor owner of a particular resource property or who became such a predecessor owner before the original owner became a predecessor owner of a particular resource property.

The income in respect of which an amount is designated under subparagraph i of subparagraph b of the third paragraph is deemed, for the purposes of the following provisions, not to be attributable to the production from a Canadian resource property:

(a)  subparagraph iii of subparagraph a of the third paragraph of sections 418.16 and 418.18;

(b)  subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.19;

(c)  subparagraph i of subparagraph c of the first paragraph of section 418.20;

(d)  subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.21;

(e)  paragraph a of section 418.28; and

(f)  section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause B of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)).

2004, c. 8, s. 84; 2009, c. 5, s. 133.

418.18. Subject to sections 418.22 and 418.23, where a corporation acquired after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, in any manner whatsoever, a particular Canadian resource property, referred to in this section as “particular property”, it may deduct in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is the lesser of the amount referred to in the second paragraph and the amount referred to in the third paragraph determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to the amount by which

(a)  the aggregate of the cumulative Canadian exploration expense of the original owner determined immediately after the disposition of the particular property by the original owner, and all amounts required to be added under paragraph c of section 418.25 to the cumulative Canadian exploration expense of the original owner in respect of a predecessor owner of the particular property, or in respect of the corporation, as the case may be, at any time after the disposition of the particular property by the original owner and before the end of the year, to the extent that an amount in respect of that aggregate was not

i.  otherwise deducted in computing the corporation’s income for the year or deducted in computing the corporation’s income for a preceding taxation year or in computing the income of a predecessor owner of the particular property for any taxation year, and

ii.  deducted or required to be deducted under section 400 or 401 in computing the income of the original owner for any taxation year, or designated by the original owner for any taxation year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) pursuant to subsection 14.1 of section 66 of that Act; exceeds

(b)  the aggregate of all amounts by which the amount determined under this paragraph is required, because of section 485.8, to be reduced at or before the end of the year.

The last amount to which the first paragraph refers is equal to the amount by which

(a)  the part of the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or any of sections 359 to 419.6, that may reasonably be regarded as attributable to

i.  the amount included in computing its income for the year under paragraph e of section 330 that may reasonably be regarded as being attributable to the disposition by the corporation in the year or a preceding taxation year of any interest in or right to the particular property to the extent that the proceeds of the disposition have not been included in computing an amount for any preceding taxation year under this subparagraph, subparagraph i of subparagraph a of the third paragraph of section 418.16, subparagraph iii of subparagraph c of the first paragraph of section 418.20, section 418.28 or section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause A of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement),

ii.  its reserve amount for the year in respect of the original owner and each predecessor owner of the particular property, or

iii.  production from the particular property; exceeds

(b)  the aggregate of

i.  any other amount deducted under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), this section and sections 418.16, 418.19 and 418.21 for the year that can reasonably be regarded as attributable to the part of its income for the year described in subparagraph a in respect of the particular property, and

ii.  any other amount added, because of section 485.13, in computing the amount determined under subparagraph a.

1989, c. 77, s. 49; 1993, c. 16, s. 167; 1995, c. 49, s. 111; 1996, c. 39, s. 119; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293.

418.19. Subject to sections 418.22 and 418.23, where a corporation acquired after 6 May 1974 in the case of an oil business, or after 31 March 1975 in the case of a mining business, in any manner whatsoever, a particular Canadian resource property, referred to in this section and in section 418.20 as “particular property”, it may deduct in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is equal to the lesser of the amount referred to in the second paragraph and the amount referred to in the third paragraph and, as the case may be, the amount referred to in section 418.20, determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to the amount by which

(a)  the amount by which

i.  the cumulative Canadian development expenses of the original owner, determined immediately after the disposition of the particular property by the original owner, to the extent that the expenses were not otherwise deducted in computing the corporation’s income for the year, were not deducted in computing the corporation’s income for any preceding taxation year or in computing the income of the original owner or any predecessor owner of the particular property for any taxation year, and were not designated by the original owner for any taxation year for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) pursuant to subsection 14.2 of section 66 of the said Act, exceeds

ii.  all amounts required to be deducted under paragraph b of section 418.25, at any time after the disposition of the particular property by the original owner and before the end of the year, from the cumulative Canadian development expenses of the original owner in respect of a predecessor owner of the particular property or in respect of the corporation, as the case may be, exceeds

(b)  the aggregate of

i.  all amounts each of which is a particular amount, reduced by the portion thereof described in the fourth paragraph, that became receivable by a predecessor owner of the particular property or the corporation in the year or a preceding taxation year and that

(1)  was included by the predecessor owner or the corporation in computing an amount determined under subparagraph i of paragraph b of section 412 at the end of the year, and

(2)  can reasonably be regarded as attributable to the disposition of a property, in the fourth paragraph referred to as a “relevant mining property”, that is the particular property or another Canadian resource property that was acquired from the original owner with the particular property by the corporation or a predecessor owner of the particular property,

ii.  all amounts each of which is a particular amount, reduced by the portion thereof described in the fifth paragraph, that became receivable by a predecessor owner of the particular property or the corporation after 31 December 1992 and in the year or a preceding taxation year and that

(1)  is designated in respect of the original owner by the predecessor owner or the corporation, as the case may be, on the prescribed form filed with the Minister within six months after the end of the taxation year in which the particular amount became receivable,

(2)  was included by the predecessor owner or the corporation in computing an amount determined under subparagraph i of paragraph b of section 418.6 at the end of the year, and

(3)  can reasonably be regarded as attributable to the disposition of a property, in the fifth paragraph referred to as a “relevant oil and gas property”, that is the particular property or another Canadian resource property that was acquired from the original owner with the particular property by the corporation or a predecessor owner of the particular property, and

iii.  any amount by which the amount determined under this paragraph is required, because of section 485.8, to be reduced at or before the end of the year.

The second amount to which the first paragraph refers is equal to the amount by which

(a)  the lesser of

i.  the part of the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or any of sections 359 to 419.6, that may reasonably be regarded as attributable to

(1)  its reserve amount for the year in respect of the original owner and each predecessor owner of the particular property, or

(2)  production from the particular property, and

ii.  where the corporation acquired the particular property from the original owner at any time in the year, otherwise than by way of an amalgamation or merger or by reason only of the application of subparagraph a of the first paragraph of section 418.26, and did not deal at arm’s length with the original owner at that time, nil, exceeds

(b)  the aggregate of

i.  any other amount deducted under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)), this section and sections 418.16, 418.18 and 418.21 for the year that can reasonably be regarded as attributable to the part of its income for the year described in subparagraph a in respect of the particular property, and

ii.  any other amount added, because of section 485.13, in computing the amount determined under subparagraph a.

The particular amount mentioned in subparagraph i of subparagraph b of the second paragraph shall be reduced by the portion thereof that can reasonably be considered to result in a reduction of the amount otherwise determined under that paragraph in respect of another original owner of a relevant mining property who is not a predecessor owner of a relevant mining property or who became a predecessor owner of a relevant mining property before the original owner became a predecessor owner of a relevant mining property.

The particular amount mentioned in subparagraph ii of subparagraph b of the second paragraph shall be reduced by the portion thereof that can reasonably be considered to result in a reduction of the amount otherwise determined under the second paragraph of section 418.21 in respect of the original owner or under the second paragraph, or the second paragraph of section 418.21, in respect of another original owner of a relevant oil and gas property who is not a predecessor owner of a relevant oil and gas property or who became a predecessor owner of a relevant oil and gas property before the original owner became a predecessor owner of a relevant oil and gas property.

1989, c. 77, s. 49; 1993, c. 16, s. 168; 1995, c. 49, s. 112; 1996, c. 39, s. 120; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293; 2009, c. 5, s. 134.

418.20. The last amount to which the first paragraph of section 418.19 refers is equal,

(a)  where the corporation referred to in section 418.19 is a development corporation carrying on an oil business, to the aggregate of

i.  30% of the amount by which the expenses referred to in subparagraph a of the second paragraph of section 418.19 that were not incurred in Québec within the meaning of section 416 exceed the aggregate referred to in subparagraph b of the said second paragraph, and

ii.  the amount by which the expenses referred to in subparagraph a of the second paragraph of section 418.19 that were incurred in Québec within the meaning of section 416 exceed the amount by which the aggregate referred to in subparagraph b of the said second paragraph exceeds the expenses referred to in that subparagraph a which were not incurred in Québec within the meaning of section 416;

(b)  where the corporation referred to in section 418.19 is not a development corporation and carries on an oil business, to 30% of the excess amount referred to in the second paragraph of that section;

(c)  where the corporation referred to in section 418.19 is not a development corporation and carries on a mining business, to the higher of either 30% of the excess amount referred to in the second paragraph of the said section, or the amount by which the total, before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or sections 359 to 419.6, of the following amounts exceeds the amount described in the second paragraph:

i.  its income for the year that can reasonably be regarded as attributable to the production of ore, other than iron ore or tar sands, from a resource property that is property described in the third paragraph, processed to any stage that is not beyond the prime metal stage or its equivalent, to the production of iron ore from such property, processed to any stage that is not beyond the pellet stage or its equivalent, and to any rental or royalty from such property, computed by reference to the amount or value of ore production,

ii.  the aggregate of all amounts included in computing its income for the year under paragraph b, d or e of section 330, other than an amount referred to in subparagraph iii, in respect of property described in the third paragraph, but to the extent that paragraph b of section 330 refers to section 357, only the amounts deducted in computing its income, under the last mentioned section, for the preceding taxation year in respect of the disposition of a Canadian resource property may be taken into consideration, and

iii.  the aggregate of all amounts included in computing its income for the year under paragraph e of section 330, that can reasonably be regarded as attributable to the disposition by the corporation, in the year or in a preceding taxation year, of any interest in or right to a property described in the third paragraph, to the extent that the proceeds of the disposition were not included in computing any amount for a preceding taxation year under this subparagraph, subparagraph i of subparagraph a of the third paragraph of section 418.16 or 418.18, section 418.28 and section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause A of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement).

The amount to which subparagraph c of the first paragraph refers is the total of the following amounts:

(a)  the aggregate of all amounts deducted in computing its income for the year under section 357 in respect of a Canadian resource property that is property described in the third paragraph or under section 358 in respect of property described in that paragraph;

(b)  the aggregate of the other amounts deducted for the year under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, any of sections 418.16 to 418.19 and section 418.21 that can reasonably be regarded as attributable to the amounts referred to in subparagraphs i to iii of subparagraph c of the first paragraph for the year;

(c)  any other amount added, because of section 485.13, in computing the total amount determined under subparagraph c of the first paragraph.

Any property to which subparagraphs i to iii of subparagraph c of the first paragraph and subparagraph a of the second paragraph refer is property owned immediately before the acquisition referred to in section 418.19 by the person from which the property was acquired pursuant to that section.

1989, c. 77, s. 49; 1996, c. 39, s. 121; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293.

418.21. Subject to sections 418.22 and 418.23, where after 11 December 1979 a corporation acquired, in any manner whatsoever, a particular Canadian resource property, referred to in this section as “particular property”, it may deduct in computing its income for a taxation year an amount not exceeding the aggregate of all amounts each of which is equal to the lesser of the amount referred to in the second paragraph and the amount referred to in the third paragraph, determined in respect of an original owner of the particular property.

The first amount to which the first paragraph refers is equal to 10% of the excess amount, over the aggregate of all amounts each of which is an amount by which the amount determined under this paragraph is required, because of section 485.8, to be reduced at or before the end of the year, of the amount by which

(a)  the cumulative Canadian oil and gas property expense of the original owner determined immediately after the disposition of the particular property by the original owner to the extent that it has not been otherwise deducted in computing the corporation’s income for the year and has not been deducted in computing the corporation’s income for any preceding taxation year or in computing the income of the original owner or any predecessor owner of the particular property for any taxation year, exceeds

(b)  the aggregate of all amounts each of which is a particular amount, reduced by the portion thereof described in the fourth paragraph, that became receivable by a predecessor owner of the particular property or the corporation in the year or a preceding taxation year and that

i.  was included by the predecessor owner or the corporation in computing an amount determined under subparagraph i of paragraph b of section 418.6 at the end of the year, and

ii.  can reasonably be regarded as attributable to the disposition of a property, in the fourth paragraph referred to as a “relevant oil and gas property”, that is the particular property or another Canadian resource property that was acquired from the original owner with the particular property by the corporation or a predecessor owner of the particular property.

The last amount to which the first paragraph refers is equal to the amount by which

(a)  the lesser of

i.  the part of the corporation’s income for the year, determined before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) or any of sections 359 to 419.6, that may reasonably be regarded as attributable to

(1)  its reserve amount for the year in respect of the original owner and each predecessor owner of the particular property, or

(2)  production from the particular property, and

ii.  where the corporation acquired the particular property from the original owner at any time in the year, otherwise than by way of an amalgamation or merger or by reason only of the application of subparagraph a of the first paragraph of section 418.26, and did not deal at arm’s length with the original owner at that time, nil, exceeds

(b)  the aggregate of

i.  any other amount deducted under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)), this section and section 418.16, 418.18 or 418.19 for the year that may reasonably be regarded as attributable to the part of its income for the year described in subparagraph a in respect of the particular property, and

ii.  any amount added, because of section 485.13, in computing the amount determined under subparagraph a.

The particular amount mentioned in subparagraph b of the second paragraph shall be reduced by the portion thereof that can reasonably be considered to result in a reduction of the amount otherwise determined under the second paragraph, or the second paragraph of section 418.19, in respect of another original owner of a relevant oil and gas property who is not a predecessor owner of a relevant oil and gas property or who became a predecessor owner of a relevant oil and gas property before the original owner became a predecessor owner of a relevant oil and gas property.

1989, c. 77, s. 49; 1993, c. 16, s. 169; 1995, c. 49, s. 113; 1996, c. 39, s. 122; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 293; 2009, c. 5, s. 135.

418.22. Section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), and sections 418.16 to 418.19 and 418.21 do not apply

(a)  in respect of a Canadian resource property or a foreign resource property acquired by way of an amalgamation to which subsection 4 of section 544 applies or a winding-up to which section 565.1 applies; or

(b)  to permit, in respect of the acquisition by a corporation before 18 February 1987 of a Canadian resource property or a foreign resource property, a deduction by the corporation of an amount that the corporation would not have been entitled to deduct under section 88.4 of the Act respecting the application of the Taxation Act, Divisions I, I.1 or III to IV.1, sections 362 to 394, 419 to 419.4 or section 419.6 if those sections and divisions, as they read in their application to taxation years ending before 18 February 1987, applied to taxation years ending after 17 February 1987.

1989, c. 77, s. 49; 1997, c. 3, s. 71; 1997, c. 14, s. 72; 1998, c. 16, s. 159.

418.23. Section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), and sections 418.16, 418.18, 418.19 and 418.21 apply only to a corporation that has acquired a particular Canadian resource property, in this section referred to as “particular property”,

(a)  where it acquired the particular property in a taxation year commencing before 1 January 1985 and, at the time it acquired the particular property, the corporation acquired all or substantially all of the property used by the person from whom it acquired the particular property in carrying on in Canada a business described in paragraphs a to g of section 363;

(b)  where it acquired the particular property in a taxation year commencing after 31 December 1984 and, at the time it acquired the particular property, the corporation acquired all or substantially all of the Canadian resource properties of the person from whom it acquired the particular property;

(c)  where it acquired the particular property after 5 June 1987 by way of an amalgamation or winding-up and it has filed an election in prescribed form with the Minister on or before the corporation’s filing-due date for its taxation year in which it acquired the particular property;

(d)  where it acquired the particular property after 16 November 1978 and in a taxation year ending before 18 February 1987 by any means other than by way of an amalgamation or winding-up and it and the person from whom it acquired the particular property have filed with the Minister a joint election under and in accordance with sections 376 to 379, 402 to 405, 415 to 415.3 and 418.8 to 418.11 and section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules as all those sections read in their application to that year; and

(e)  where it acquired the particular property in a taxation year ending after 17 February 1987 by any means other than by way of an amalgamation or winding-up and it and the person from whom it acquired the particular property have filed a joint election in prescribed form with the Minister on or before the earliest of their filing-due dates for the taxation year in which the corporation acquired the particular property.

1989, c. 77, s. 49; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1998, c. 16, s. 160.

418.24. Sections 418.17 and 418.17.3 apply only to a corporation that has acquired a particular foreign resource property referred to in this section as “particular property”,

(a)  where it acquired the particular property in a taxation year commencing before 1 January 1985 and, at the time it acquired the particular property, the corporation acquired all or substantially all of the property used by the person from whom it acquired the particular property in carrying on outside Canada a business described in paragraphs a to g of section 363;

(b)  where it acquired the particular property in a taxation year commencing after 31 December 1984 and, at the time it acquired the particular property, the corporation acquired all or substantially all of the foreign resource properties of the person from whom it acquired the particular property;

(c)  where it acquired the particular property after 5 June 1987 by way of an amalgamation or winding-up and it has filed an election in prescribed form with the Minister on or before the corporation’s filing-due date for its taxation year in which it acquired the particular property;

(d)  where it acquired the particular property after 16 November 1978 and in a taxation year ending before 18 February 1987 by any means other than by way of an amalgamation or winding-up and it and the person from whom it acquired the particular property have filed with the Minister a joint election under and in accordance with section 380, as that section read in its application to that year; and

(e)  where it acquired the particular property in a taxation year ending after 17 February 1987 by any means other than by way of an amalgamation or winding-up and it and the person from whom it acquired the particular property have filed a joint election in prescribed form with the Minister on or before the earliest of their filing-due dates for the taxation year in which the corporation acquired the particular property.

1989, c. 77, s. 49; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2004, c. 8, s. 85.

418.25. Where a corporation acquires a Canadian resource property, where section 418.19 applies in respect of the acquisition, and where the cumulative Canadian development expense of an original owner of the property determined under subparagraph i of subparagraph a of the second paragraph of section 418.19 in respect of the corporation includes a Canadian development expense incurred by the original owner in respect of an oil or gas well that would, but for this section, be deemed by section 399.3 to be a Canadian exploration expense incurred in respect of the well by the original owner at any particular time after the acquisition by the corporation and before it disposed of the property, the following rules apply:

(a)  section 399.3 does not apply in respect of the Canadian development expense incurred in respect of the well by the original owner;

(b)  an amount equal to the lesser of

i.  the amount that would be deemed by section 399.3 to be a Canadian exploration expense incurred in respect of the well by the original owner at the particular time if that section applied in respect of the expense, and

ii.  the cumulative Canadian development expense of the original owner as determined under subparagraph i of subparagraph a of the second paragraph of section 418.19 in respect of the corporation immediately before the particular time

shall be deducted at the particular time from the cumulative Canadian development expense of the original owner in respect of the corporation for the purposes of subparagraph a of the second paragraph of section 418.19;

(c)  the amount required to be deducted by paragraph b shall be added at the particular time to the cumulative Canadian exploration expense of the original owner in respect of the corporation for the purposes of the second paragraph of section 418.18.

1989, c. 77, s. 49; 1997, c. 3, s. 71.

418.26. Where, at any time after 12 November 1981, control of a corporation has been acquired by a person or group of persons, or a corporation ceases on or before 26 April 1995 to be exempt from tax under this Part on its taxable income, for the purposes of the provisions of the Act respecting the application of the Taxation Act (chapter I-4) and of this Part, other than sections 359.2, 359.2.1, 359.2.2, 359.4 and 359.13, relating to deductions in respect of drilling and exploration expenses, prospecting, exploration and development expenses, Canadian exploration and development expenses, foreign resource pool expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses, in this section referred to as “resource expenses”, incurred by the corporation before that time, the following rules apply:

(a)  the corporation is deemed after that time to be a corporation that had, at that time, acquired all the properties owned by the corporation immediately before that time from an original owner thereof;

(a.1)  where the corporation did not own a foreign resource property immediately before that time, the corporation is deemed to have owned a foreign resource property immediately before that time;

(b)  a joint election is deemed to have been filed in accordance with sections 418.23 and 418.24 in respect of the acquisition;

(c)  the resource expenses incurred by the corporation before that time are deemed to have been incurred by an original owner of the properties and not by the corporation;

(c.1)  the original owner is deemed to have been resident in Canada before that time while the corporation was resident in Canada;

(d)  (paragraph repealed);

(e)  where the corporation (in this subparagraph and the second paragraph referred to as the “transferee”) was, immediately before and at that time, a particular person, within the meaning of subsection 5 of section 544, or a subsidiary wholly-owned corporation, within the meaning of that subsection, of another corporation (in this subparagraph and the second paragraph and in section 418.28 referred to as the “transferor”), the amount corresponding, subject to the second paragraph, to the total of the amount that the transferor designates after 19 December 2006 in accordance with paragraph g of subsection 10 of section 66.7 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in favour of the transferee for a taxation year of the transferor ending after that time and throughout which the transferee was such a particular person or such a subsidiary wholly-owned corporation of the transferor, and—if the total of the amounts designated by the transferor in accordance with that paragraph g in favour of any taxpayer for that year corresponds to the maximum total of the amounts that the transferor may then designate in accordance with that paragraph g in favour of any taxpayer for that year—of the portion on which the transferor and transferee agree and that the transferor specifies in its fiscal return under this Part for that year in respect of the transferee and not in respect of another taxpayer, of the amount by which the particular amount described in section 418.28 exceeds the maximum total of the amounts that the transferor may then designate in accordance with that paragraph g in favour of any taxpayer for that year,

i.  applies for the purpose of making a deduction under section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)), or this division in respect of resource expenses incurred by the transferee before that time while the transferee was such a particular person or such a subsidiary wholly-owned corporation of the transferor, and

ii.  is deemed, for the purpose of computing an amount under the third paragraph of any of sections 418.16, 418.18 and 418.19, subparagraph c of the first paragraph of section 418.20, as that subparagraph would read if “to the higher of either 30% of the excess amount referred to in the second paragraph of the said section, or the amount by which” was replaced by “to the amount by which”, the third paragraph of section 418.21 and section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to paragraph d of subsection 25 of section 29 of the Income Tax Application Rules, to be income of the transferee from the sources described in paragraph a or b of section 418.28 for its taxation year in which that taxation year of the transferor ends, and not to be income of the transferor from those sources for that year;

(f)  where the corporation (in this subparagraph and the second paragraph referred to as the “transferee”) was, immediately before and at that time, a particular person, within the meaning of subsection 5 of section 544, or a subsidiary wholly-owned corporation, within the meaning of that subsection, of another corporation (in this subparagraph and the second paragraph and in section 418.29 referred to as the “transferor”), the amount corresponding, subject to the second paragraph, to the total of the amount that the transferor designates after 19 December 2006 in accordance with paragraph h of subsection 10 of section 66.7 of the Income Tax Act in favour of the transferee for a taxation year of the transferor ending after that time and throughout which the transferee was such a particular person or such a subsidiary wholly-owned corporation of the transferor, and—if the total of the amounts designated by the transferor in accordance with that paragraph h in favour of any taxpayer for that year corresponds to the maximum total of the amounts that the transferor may then designate in accordance with that paragraph h in favour of any taxpayer for that year—of the portion on which the transferor and transferee agree and that the transferor specifies in its fiscal return under this Part for that year in respect of the transferee and not in respect of another taxpayer, of the amount by which the particular amount described in section 418.29 exceeds the maximum total of the amounts that the transferor may then designate in accordance with that paragraph h in favour of any taxpayer for that year, is deemed,

i.  for the purpose of computing an amount under the third paragraph of section 418.17 or 418.17.3 or subparagraph c of the first paragraph of section 418.20, as that subparagraph would read if “to the higher of either 30% of the excess amount referred to in the second paragraph of the said section, or the amount by which” was replaced by “to the amount by which”, to be income of the transferee from the sources described in paragraph a or b of section 418.29 for its taxation year in which that taxation year of the transferor ends, and

ii.  for the purpose of computing an amount under the third paragraph of section 418.17 or 418.17.3 or subparagraph c of the first paragraph of section 418.20, as that subparagraph would read if “to the higher of either 30% of the excess amount referred to in the second paragraph of the said section, or the amount by which” was replaced by “to the amount by which”, not to be the income of the transferor from those sources for that year;

(g)  where, immediately before and at that time, the corporation (in this subparagraph referred to as the “transferee”) and another corporation (in this subparagraph referred to as the “transferor”) were both subsidiary wholly-owned corporations, within the meaning of subsection 5 of section 544, of the same particular person, within the meaning of that subsection, and if the transferee and the transferor agree after 19 December 2006 in accordance with paragraph i of subsection 10 of section 66.7 of the Income Tax Act to have that paragraph i apply to them for a taxation year of the transferor ending after that time, subparagraph e or f or both, as the agreement provides, apply for that year to the transferee and to the transferor as though one were, in relation to the other, the particular person, within the meaning of subsection 5 of section 544; and

(h)  where that time is after 15 January 1987 and at that time the corporation was a member of a partnership that owned a Canadian resource property or a foreign resource property at that time, for the purposes of subparagraph a, the corporation is deemed to have owned immediately before that time that portion of the property owned by the partnership at that time that is equal to its percentage share of the aggregate of amounts that would be paid to all members of the partnership if it were wound up at that time, and, for the purposes of subparagraph iii of subparagraph a of the third paragraph of section 418.16, subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.17, subparagraph a of the third paragraph of section 418.17.3, subparagraph iii of subparagraph a of the third paragraph of section 418.18, subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.19, subparagraph i of subparagraph c of the first paragraph of section 418.20 and subparagraph 2 of subparagraph i of subparagraph a of the third paragraph of section 418.21 and of section 88.4 of the Act respecting the application of the Taxation Act, to the extent that that section refers to clause B of subparagraph i of paragraph d of subsection 25 of section 29 of the Income Tax Application Rules, for a taxation year ending after that time, the lesser of the following amounts is deemed to be the income of the corporation for the year that can reasonably be attributed to production from the property:

i.  its share of the part of the income of the partnership for the fiscal period of the partnership ending in the year that may reasonably be regarded as being attributable to the production from the property, and

ii.  an amount that would be determined under subparagraph i for the year if its share of the income of the partnership for the fiscal period of the partnership ending in the year were determined on the basis of the percentage share referred to in this subparagraph h.

However, when the aggregate of the amounts determined for a taxation year of the transferor under subparagraph e or f of the first paragraph in relation to the transferee would, but for this paragraph, exceed the particular amount described in section 418.28 or 418.29, the amount otherwise determined for the year under that subparagraph in respect of the transferee or another taxpayer must be reduced, if applicable, to the amount specified by the transferor in its fiscal return under this Part for the year or, if the transferor fails to specify such an amount, to the amount specified by the Minister, so that the aggregate is equal to the particular amount.

Chapter V.2 of Title II of Book I applies in relation to a designation or agreement made under any of paragraphs g, h and i of subsection 10 of section 66.7 of the Income Tax Act or in relation to a designation or agreement made under this section before 20 December 2006.

1989, c. 77, s. 49; 1993, c. 16, s. 170; 1995, c. 49, s. 114; 1997, c. 3, s. 71; 1997, c. 14, s. 73; 1998, c. 16, s. 161; 2000, c. 5, s. 96; 2004, c. 8, s. 86; 2009, c. 5, s. 136.

418.27. (Repealed).

1989, c. 77, s. 49; 1993, c. 16, s. 171.

418.28. The particular amount referred to in subparagraph e of the first paragraph and the second paragraph of section 418.26 is the amount equal to the portion of the income of the transferor for the year referred to in that subparagraph, before any deduction under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4) and sections 359 to 419.6, that may reasonably be regarded as attributable

(a)  to the production from a Canadian resource property owned by the transferor immediately before the time referred to in the first paragraph of section 418.26; and

(b)  to the disposition, in the year referred to in subparagraph e of the first paragraph of section 418.26, of a Canadian resource property owned by the transferor immediately before the time referred to in that paragraph.

1989, c. 77, s. 49; 1998, c. 16, s. 251; 2009, c. 5, s. 137.

418.29. The particular amount referred to in subparagraph f of the first paragraph and the second paragraph of section 418.26 is the amount equal to the portion of the income of the transferor for the year referred to in that subparagraph, before any deduction under sections 359 to 419.6, that may reasonably be regarded as attributable

(a)  to the production from a foreign resource property owned by the transferor immediately before the time referred to in the first paragraph of section 418.26; and

(b)  to the disposition of a foreign resource property owned by the transferor immediately before the time referred to in the first paragraph of section 418.26.

1989, c. 77, s. 49; 2009, c. 5, s. 137.

418.30. If, at any time, control of a taxpayer that is a corporation has been acquired by a person or group of persons, or a taxpayer has disposed of all or substantially all of the taxpayer’s Canadian resource properties or foreign resource properties, and, before that time, the taxpayer or a partnership of which the taxpayer was a member acquired a property that is a Canadian resource property, a foreign resource property or an interest in a partnership and it may reasonably be considered that one of the main purposes of the acquisition was to avoid any limitation provided for in any of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (R.S.C. 1985, c. 2 (5th Suppl.)), on the deduction in respect of any expenses incurred by the taxpayer or a corporation referred to as a “transferee” in subparagraph e or f of the first paragraph of section 418.26, the taxpayer or the partnership is, for the purpose of applying sections 418.16 to 418.21 and section 88.4 of that Act, to the extent that that section refers to subsection 25 of section 29 of those rules, to or in respect of the taxpayer, deemed not to have acquired the property.

1989, c. 77, s. 49; 1997, c. 3, s. 71; 1998, c. 16, s. 162; 2009, c. 5, s. 137.

418.31. Where in a taxation year an original owner of Canadian resource properties disposes of all or substantially all of the original owner’s Canadian resource properties to a particular corporation in circumstances in which section 418.16, 418.18, 418.19 or 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), applies, the following rules apply:

(a)  the Canadian exploration and development expenses incurred by the original owner before he so disposed of the properties are, for the purposes of this Title, deemed after the disposition not to have been incurred by him except for the purposes of making a deduction under section 362 or 367 for the year and of determining the amount that may be deducted under section 418.16 by the particular corporation or by any other corporation that subsequently acquires any of the properties;

(b)  in determining the cumulative Canadian exploration expense of the original owner at any time after the first time referred to in the second paragraph of section 418.18, there shall be deducted the amount thereof determined immediately after the disposition;

(b.1)  for the purposes of the second paragraph of section 418.18, the cumulative Canadian exploration expense of the original owner determined immediately after the disposition that was deducted under section 400 or 401 in computing the original owner’s income for the year is deemed to be equal to the lesser of

i.  the amount deducted in respect of the disposition under paragraph b, and

ii.  the amount by which

(1)  the amount determined under paragraph a of section 418.31.1 in respect of the original owner for the year exceeds

(2)  the aggregate of all amounts each of which is an amount determined under this paragraph in respect of any disposition made by the original owner in the year and before the disposition first referred to in this paragraph;

(b.2)  any amount, other than the amount determined under paragraph b.1, that was deducted under section 400 or 401 by the original owner for the year or a subsequent taxation year is deemed, for the purposes of the second paragraph of section 418.18, not to be in respect of the cumulative Canadian exploration expense of the original owner determined immediately after the disposition;

(c)  in determining the cumulative Canadian development expense of the original owner at any time after the time referred to in subparagraph i of subparagraph a of the second paragraph of section 418.19, there shall be deducted the amount thereof determined immediately after the disposition;

(c.1)  for the purposes of the second paragraph of section 418.19, the cumulative Canadian development expense of the original owner determined immediately after the disposition that was deducted under section 413 or 414 in computing the original owner’s income for the year is deemed to be equal to the lesser of

i.  the amount deducted in respect of the disposition under paragraph c, and

ii.  the amount by which

(1)  the amount determined under paragraph b of section 418.31.1 in respect of the original owner for the year exceeds

(2)  the aggregate of all amounts each of which is an amount determined under this paragraph in respect of any disposition made by the original owner in the year and before the disposition first referred to in this paragraph;

(c.2)  any amount, other than the amount determined under paragraph c.1, that was deducted under section 413 or 414 by the original owner for the year or a subsequent taxation year is deemed, for the purposes of the second paragraph of section 418.19, not to be in respect of the cumulative Canadian development expense of the original owner determined immediately after the disposition;

(d)  in determining the cumulative Canadian oil and gas property expense of the original owner at any time after the time referred to in subparagraph a of the second paragraph of section 418.21, there shall be deducted the amount thereof determined immediately after the disposition;

(d.1)  for the purposes of the second paragraph of section 418.21, the cumulative Canadian oil and gas property expense of the original owner determined immediately after the disposition that was deducted under section 418.7 in computing the original owner’s income for the year is deemed to be equal to the lesser of

i.  the amount deducted in respect of the disposition under paragraph d, and

ii.  the amount by which

(1)  the amount determined under paragraph c of section 418.31.1 in respect of the original owner for the year exceeds

(2)  the aggregate of all amounts each of which is an amount determined under this paragraph in respect of any disposition made by the original owner in the year and before the disposition first referred to in this paragraph;

(d.2)  any amount, other than the amount determined under paragraph d.1, that was deducted under section 418.7 by the original owner for the year or a subsequent taxation year is deemed, for the purposes of the second paragraph of section 418.21, not to be in respect of the cumulative Canadian oil and gas property expense of the original owner determined immediately after the disposition;

(e)  the drilling and exploration expenses, including all general geological and geophysical expenses, incurred by the original owner before 1 January 1972 on or in respect of exploring or drilling for petroleum or natural gas in Canada and the prospecting, exploration and development expenses incurred by the original owner before 1 January 1972 in searching for minerals in Canada are, for the purposes of section 88.4 of the Act respecting the application of the Taxation Act, deemed after the disposition not to have been incurred by the original owner except for the purpose of making a deduction under section 88.4 of that Act for the year and of determining the amount that may be deducted under that section 88.4, to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules, by the particular corporation or any other corporation that subsequently acquires any of the properties.

1989, c. 77, s. 49; 1993, c. 16, s. 172; 1995, c. 49, s. 115; 1997, c. 3, s. 71; 1998, c. 16, s. 163.

418.31.1. Where in a taxation year an original owner of Canadian resource properties disposes of all or substantially all of his Canadian resource properties in circumstances in which section 418.18, 418.19 or 418.21 applies, the following rules apply:

(a)  the amount determined in respect of the original owner for the year for the purposes of paragraph b.1 of section 398 and subparagraph 1 of subparagraph ii of paragraph b.1 of section 418.31 is equal to the lesser of

i.  the aggregate of all amounts each of which is the amount by which

(1)  the amount deducted under paragraph b of section 418.31 in respect of a disposition in the year by the original owner, exceeds

(2)  the amount designated by the original owner in prescribed form filed with the Minister within six months after the end of the year in respect of an amount determined under subparagraph l, and

ii.  the aggregate of

(1)  the amount deducted by the original owner for the year under section 400 or 401, and

(2)  the amount that would be determined in respect of the original owner for the year under paragraph d of section 330 if the aggregate last referred to therein were not taken into account;

(b)  the amount determined in respect of the original owner for the year for the purposes of paragraph a.1 of section 411 and subparagraph 1 of subparagraph ii of paragraph c.1 of section 418.31 is equal to the lesser of

i.  the aggregate of all amounts each of which is the amount by which

(1)  the amount deducted under paragraph c of section 418.31 in respect of a disposition in the year by the original owner, exceeds

(2)  the amount designated by the original owner in prescribed form filed with the Minister within six months after the end of the year in respect of an amount determined under subparagraph 1, and

ii.  the aggregate of

(1)  the amount deducted by the original owner for the year under section 413 or 414, and

(2)  the amount that would be determined in respect of the original owner for the year under paragraph e of section 330 if the aggregate last referred to therein were not taken into account;

(c)  the amount determined in respect of the original owner for the year for the purposes of paragraph a.1 of section 418.5 and subparagraph 1 of subparagraph ii of paragraph d.1 of section 418.31 is equal to the lesser of

i.  the aggregate of all amounts each of which is the amount by which

(1)  the amount deducted under paragraph d of section 418.31 in respect of a disposition in the year by the original owner, exceeds

(2)  the amount designated by the original owner in prescribed form filed with the Minister within six months after the end of the year in respect of an amount determined under subparagraph 1, and

ii.  the aggregate of

(1)  the amount deducted by the original owner for the year under section 418.7, and

(2)  the amount that would be determined in respect of the original owner for the year under section 418.12 if the aggregate last referred to therein were not taken into account.

1993, c. 16, s. 173.

418.32. Where after 5 June 1987 an original owner of foreign resource properties disposes of all or substantially all of his foreign resource properties to a particular corporation in circumstances in which section 418.17 applies, the foreign exploration and development expenses incurred by the original owner before he so disposed of the properties are deemed after the disposition not to have been incurred by him except for the purposes of determining the amounts that may be deducted under section 418.17 by the particular corporation or any other corporation that subsequently acquires any of the properties.

1989, c. 77, s. 49; 1997, c. 3, s. 71.

418.32.1. Where in a taxation year an original owner of foreign resource properties in relation to a country disposes of all or substantially all of the original owner’s foreign resource properties in circumstances to which section 418.17.3 applies, the following rules apply:

(a)  in determining the cumulative foreign resource expense of the original owner in relation to that country at any time after the time referred to in the portion of the second paragraph of section 418.17.3 before subparagraph a, there shall be deducted the amount of that cumulative foreign resource expense determined immediately after the disposition; and

(b)  for the purposes of the second paragraph of section 418.17.3, the cumulative foreign resource expense of the original owner in relation to that country determined immediately after the disposition that was deducted under section 418.1.10 in computing the original owner’s income for the year is deemed to be equal to the lesser of

i.  the amount deducted under paragraph a in respect of the disposition, and

ii.  the amount by which the particular amount determined for the year under section 418.32.2 in respect of the original owner and that country exceeds the aggregate of all amounts each of which is an amount determined under this paragraph in respect of a previous disposition of foreign resource property, in relation to that country, made by the original owner in the year.

2004, c. 8, s. 87.

418.32.2. Where in a taxation year an original owner of foreign resource properties in relation to a country disposes of all or substantially all of the original owner’s foreign resource properties in circumstances to which section 418.17.3 applies, the particular amount for the year in respect of the original owner and that country for the purposes of paragraph d of section 418.1.3 and subparagraph ii of paragraph b of section 418.32.1 is the lesser of

(a)  the aggregate of all amounts each of which is the amount by which an amount deducted under paragraph a of section 418.32.1 in respect of a disposition in the year by the original owner of foreign resource property in relation to that country, exceeds the amount designated by the original owner in the prescribed form filed with the Minister within six months after the end of the year in respect of the amount deducted under paragraph a of section 418.32.1; and

(b)  the aggregate of

i.  the amount deducted under section 418.1.10 for the year by the original owner in relation to that country, and

ii.  the amount that would, but for subparagraph ii of paragraph e.1 of section 330, be determined for the year under that paragraph e.1 in respect of the original owner and that country.

2004, c. 8, s. 87.

418.33. Where in a taxation year a predecessor owner of Canadian resource properties disposes of Canadian resource properties to a corporation in circumstances in which any of sections 418.16, 418.18, 418.19 and 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Act Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement) applies,

(a)  for the purpose of applying any of those sections to the predecessor owner in respect of its acquisition of any Canadian resource property owned by it immediately before the disposition, it is deemed, after the disposition, never to have acquired any such properties except for the purpose of determining the following amounts:

i.  an amount deductible under section 418.16 or 418.18 for the year,

ii.  where the predecessor owner and the corporation dealt with each other at arm’s length at the time of the disposition or the disposition was by way of an amalgamation or merger, an amount deductible under section 418.19 or 418.21 for the year; and

iii.  the amount under paragraph b of section 412, subparagraph i or ii of paragraph g of that section or paragraph b of section 418.6; and

(b)  where the corporation or another corporation acquires any of the properties on or after the disposition in circumstances in which section 418.19 or 418.21 applies, amounts that become receivable by the predecessor owner after the disposition in respect of Canadian resource properties retained by it at the time of the disposition are deemed, for the purpose of applying section 418.19 or 418.21 to the corporation or the other corporation in respect of the acquisition, not to have become receivable by the predecessor owner.

1989, c. 77, s. 49; 1993, c. 16, s. 174; 1995, c. 49, s. 116; 1997, c. 3, s. 71; 1998, c. 16, s. 251.

418.34. Where after 5 June 1987 a predecessor owner of foreign resource properties disposes of all or substantially all of its foreign resource properties to a corporation in circumstances in which section 418.17 applies, for the purpose of applying that section to the predecessor owner in respect of its acquisition of any of those properties, or other foreign resource properties retained by it at the time of the disposition which were acquired by it in circumstances in which that section 418.17 applied, it is deemed, after the disposition, never to have acquired the properties.

1989, c. 77, s. 49; 1995, c.49, s. 116; 1997, c. 3, s. 71.

418.34.1. Where in a taxation year a predecessor owner of foreign resource properties disposes of foreign resource properties to a corporation in circumstances to which section 418.17.3 applies, the following rules apply:

(a)  for the purpose of applying section 418.17.3 to the predecessor owner in respect of its acquisition of any foreign resource properties owned by it immediately before the disposition, it is deemed, after the disposition, never to have acquired any such properties except for the purpose of determining,

i.  where the predecessor owner and the corporation dealt with each other at arm’s length at the time of the disposition or the disposition occurred after an amalgamation or merger, an amount deductible under section 418.17.3 for the year, and

ii.  an amount determined under paragraph b of section 418.1.4; and

(b)  where the corporation or another corporation acquires any of the properties on or after the disposition in circumstances to which section 418.17.3 applies, amounts that become receivable by the predecessor owner after the disposition in respect of foreign resource properties retained by it at the time of the disposition are, for the purpose of applying section 418.17.3 to the corporation or the other corporation in respect of the acquisition, deemed not to have become receivable by the predecessor owner.

2004, c. 8, s. 88.

418.35. Where at any time a Canadian resource property or a foreign resource property is acquired by a person in circumstances in which none of sections 418.16 to 418.21 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement) apply, every person who was an original owner or predecessor owner of the property by reason of having disposed of the property before that time is, for the purpose of applying those sections to or in respect of the person or any other person who after that time acquires the property, deemed after that time not to be an original owner or predecessor owner of the property by reason of having disposed of the property before that time.

1989, c. 77, s. 49; 1998, c. 16, s. 251.

418.36. Where in a particular taxation year and before 6 June 1987 a person disposed of a Canadian resource property or a foreign resource property in circumstances in which any of sections 418.16 to 418.21 of this Act or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement) applies, no deduction in respect of an expense incurred before the property was disposed of may be made under this division, Divisions I, I.1 or III to IV.1 or sections 362 to 394, 419 to 419.4 or 419.6 by the person in computing his income for a taxation year subsequent to the particular taxation year.

1989, c. 77, s. 49; 1998, c. 16, s. 164.

DIVISION IV.3 AT-RISK AMOUNT

1990, c. 59, s. 166.

418.37. Where a taxpayer is a limited partner of a partnership at the end of a fiscal period of the partnership, the excess amount described in the second paragraph shall reduce, first, the taxpayer’s share of the Canadian oil and gas property expenses, then, the taxpayer’s share of Canadian development expenses, then, the taxpayer’s share of Canadian exploration expenses, then, the taxpayer’s share of foreign resource expenses in relation to a country, and then, the taxpayer’s share of foreign exploration and development expenses, incurred by the partnership in that fiscal period.

The excess amount referred to in the first paragraph is the amount by which

(a)  the aggregate of all amounts each of which is the taxpayer’s share of each class of expenses described in the first paragraph incurred by the partnership in the fiscal period referred to therein, computed without reference to this section, exceeds

(b)  the amount by which the at-risk amount of the taxpayer in respect of his partnership interest at the end of the fiscal period exceeds the aggregate of the following amounts:

i.  that portion of the amount determined in respect of the partnership that is required by subsection 8 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to be added in computing the investment tax credit of the taxpayer in respect of the fiscal period, within the meaning assigned to that expression by the said Act for the purposes of the said subsection;

ii.  the taxpayer’s share of any losses of the partnership for the fiscal period from a farming business.

For the purposes of the first paragraph, a taxpayer’s share of foreign resource expenses in relation to a country, shall be reduced in the order specified by the taxpayer in a written document filed with the Minister on or before the taxpayer’s filing-due date for the taxpayer’s taxation year in which the fiscal period of the partnership ends or, where no such order is specified, in the order determined by the Minister.

For the purposes of this chapter, subparagraph ii of paragraph l of section 257, sections 600.1, 600.2 and 613.1 and Title VII of Book IV, but not for the purposes of this section, the taxpayer’s share of each class of expenses described in the first paragraph incurred by the partnership in the fiscal period referred to therein is deemed to be equal to the amount by which the taxpayer’s share of that class of expenses exceeds that portion of the excess amount determined in the second paragraph that, under the first paragraph, reduced that class of expenses.

1990, c. 59, s. 166; 1997, c. 3, s. 71; 2004, c. 8, s. 89.

418.38. For the purposes of the second paragraph of section 418.37, the amount by which the taxpayer’s share of a class of expenses incurred by a partnership is reduced under the first paragraph of the said section in respect of a fiscal period of the partnership shall be added to the taxpayer’s share, otherwise determined, of that class of expenses incurred by the partnership in the following fiscal period of the partnership.

1990, c. 59, s. 166; 1997, c. 3, s. 71.

418.39. In this division,

(a)  the expressions “at-risk amount” of a taxpayer in respect of his partnership interest and “limited partner” of a partnership have the meaning assigned by sections 613.2 and 613.6, respectively;

(b)  a reference to a taxpayer who is a member of a particular partnership shall include a reference to another partnership that is a member of the particular partnership;

(c)  a taxpayer’s share of Canadian development expenses or Canadian oil and gas property expenses incurred by a partnership in a fiscal period in respect of which the taxpayer has elected in respect of the share under paragraph d of section 408 or paragraph b of section 418.2, as the case may be, is deemed to be nil.

For the purposes of the definition of the expression “limited partner” of a partnership in subparagraph a of the first paragraph, the definition of “exempt interest” in sections 613.7 and 613.8 shall read as if the references therein to “25 February 1986”, “26 February 1986”, “1 January 1987”, “12 June 1986” and “final prospectus, preliminary prospectus, registration statement” were references to “17 June 1987”, “18 June 1987”, “1 January 1988”, “18 June 1987” and “final prospectus, preliminary prospectus, registration statement, offering memorandum or notice that is required to be filed before any distribution of securities may commence”, respectively.

1990, c. 59, s. 166; 1994, c. 22, s. 155; 1997, c. 3, s. 71.

DIVISION V SPECIAL PROVISIONS

1977, c. 26, s. 48.

419. Any share of the capital stock of a corporation or any interest in any such shares or right thereto acquired by a taxpayer under circumstances described in paragraph e of section 395 or 408, or in paragraph c of section 418.2 is deemed,

(a)  if it was acquired before 13 November 1981, not to be a capital property of the taxpayer but, subject to section 851.22.25, to be inventory of the taxpayer acquired at a cost to him of nil; and

(b)  if it was acquired after 12 November 1981, to have been acquired by the taxpayer at a cost to him of nil.

1977, c. 26, s. 48; 1982, c. 5, s. 104; 1984, c. 15, s. 92; 1996, c. 39, s. 123; 1997, c. 3, s. 71.

419.0.1. Any flow-through share of a corporation acquired by a person who was a party to the agreement pursuant to which it was issued is deemed to have been acquired by the person at a cost to him of nil.

1988, c. 18, s. 45; 1997, c. 3, s. 71.

419.1. Sections 419.2 to 419.4 apply where a taxpayer has made a payment or a loan mentioned in subsection 3 of section 383, as it read in respect of that payment or loan, after 19 April 1983, to a joint exploration corporation in respect of which the corporation has at any time renounced, in favour of the taxpayer, under section 406, 417 or 418.13, as they read in respect of that renunciation, any Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses, in sections 419.2 to 419.4 referred to as “resource expenses”.

1985, c. 25, s. 85; 1997, c. 3, s. 71; 1998, c. 16, s. 165.

419.2. Where the taxpayer contemplated in section 419.1 receives as consideration for the payment or loan property that is capital property to him, the following rules apply:

(a)  he shall deduct in computing the adjusted cost base to him of the property at any time the amount of any resource expenses renounced by the corporation in his favour in respect of the payment or loan at or before that time;

(b)  he shall deduct in computing the adjusted cost base to him at any time of any property for which the property, or any property substituted therefor, was exchanged the amount of any resource expenses renounced by the corporation in his favour in respect of the payment or loan at or before that time except to the extent that such amount has been deducted under paragraph a; and

(c)  the amount of any resource expenses renounced by the corporation in favour of the taxpayer in respect of the payment or loan at any time, except to the extent that the renunciation of such expenses results in a deduction under paragraph a or b, shall, for the purposes of this Act, be deemed to be a capital gain of the taxpayer from the disposition by him of property at that time.

1985, c. 25, s. 85; 1997, c. 3, s. 71.

419.3. Where the taxpayer contemplated in section 419.1 receives as consideration for the payment or loan property that is not capital property to him, the following rules apply:

(a)  he shall deduct in computing the cost to him of the property at any time the amount of any resource expenses renounced by the corporation in his favour in respect of the payment or loan at or before that time; and

(b)  he shall include in computing the amount referred to in paragraph f of section 330 for a taxation year the amount of any resource expenses renounced by the corporation in his favour in respect of the payment or loan at any time in the year, except to the extent that such amount has been deducted by him under paragraph a.

1985, c. 25, s. 85; 1997, c. 3, s. 71.

419.4. Where the taxpayer contemplated in section 419.1 does not receive any property as consideration for the payment, he shall include in computing the amount referred to in paragraph g of section 330 for a taxation year the amount of any resource expenses renounced by the corporation in his favour in respect of the payment in the year, except to the extent that such amount has been deducted by him from the adjusted cost base to him of shares of the corporation under paragraph h of section 257 in respect of the payment.

1985, c. 25, s. 85; 1997, c. 3, s. 71.

419.5. A corporation that does not designate an amount for a taxation year for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 14.1 or 14.2 of section 66 of the said Act may deduct in computing its income for the year an amount equal to the amount deducted by it under section 66.5 of the said Act in computing its income for the year for the purposes of the said Act.

1987, c. 67, s. 98; 1997, c. 3, s. 71.

419.6. A taxpayer may deduct in computing his income under this Part for a taxation year, an amount equal to the amount he may deduct for the year under subsection 14.6 of section 66 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1988, c. 18, s. 46.

419.7. Where a corporation acquires in any manner whatever all or substantially all of the Canadian resource properties or foreign resource properties of a person whose taxable income is exempt from tax under this Part, section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsection 25 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), and sections 418.16 to 418.21 do not apply to the corporation in respect of the acquisition of the properties.

1988, c. 18, s. 46; 1989, c. 77, s. 50; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 97.

419.8. (Repealed).

1988, c. 18, s. 46; 1989, c. 77, s. 50; 1997, c. 3, s. 71; 2000, c. 5, s. 98.

TITLE VII RULES RELATING TO COMPUTATION OF INCOME

1972, c. 23.

CHAPTER I GENERAL RULES

1972, c. 23.

420. An amount the deduction of which is authorized by this Part in respect of an outlay or expense shall be deducted only to the extent that such outlay or expense was reasonable in the circumstances.

1972, c. 23, s. 355; 1997, c. 85, s. 330.

421. If an amount received or receivable from a person can reasonably be regarded as being in part the consideration for the disposition of a particular property of a taxpayer, for the provision of particular services by a taxpayer or for a restrictive covenant, within the meaning assigned by section 333.4, granted by a taxpayer, the following rules apply:

(a)  the part of the amount that can reasonably be regarded as being the consideration for the disposition is deemed to be proceeds of disposition of the particular property, irrespective of the form or legal effect of the contract or agreement, and the person to whom the property was disposed of is deemed to have acquired it at a cost equal to that part;

(b)  the part of the amount that can reasonably be regarded as being consideration for the provision of particular services is deemed to be an amount received or receivable by the taxpayer in respect of those services, irrespective of the form or legal effect of the contract or agreement, and that part is deemed to be an amount paid or payable to the taxpayer by the person to whom the services were rendered in respect of those services;

(c)  the part of the amount that can reasonably be regarded as being the consideration for a restrictive covenant is deemed to be an amount received or receivable by the taxpayer in respect of the restrictive covenant, irrespective of the form or legal effect of the contract or agreement, and that part is deemed to be an amount paid or payable to the taxpayer by the person to whom the restrictive covenant was granted.

1972, c. 23, s. 356; 1990, c. 59, s. 167; 2009, c. 5, s. 138.

CHAPTER I.1 DEDUCTION OF CERTAIN EXPENSES

1990, c. 59, s. 168.

DIVISION I EXPENSES FOR FOOD, BEVERAGES AND ENTERTAINMENT

1990, c. 59, s. 168.

421.1. Subject to section 421.1.1, for the purposes of this Part, except sections 348 to 350 and 752.0.11 to 752.0.13.3 and Divisions II.6 to II.6.0.0.5, II.11.1, II.12, II.12.1 and II.13 of Chapter III.1 of Title III of Book IX, an amount paid or payable in respect of food, beverages or entertainment consumed or enjoyed by a person is deemed to be equal to 50% of the lesser of

(a)  the amount paid or payable in respect thereof; and

(b)  an amount in respect thereof that would be reasonable in the circumstances.

1990, c. 59, s. 168; 1993, c. 64, s. 33; 1995, c. 1, s. 40; 1997, c. 14, s. 290; 2001, c. 53, s. 66; 2005, c. 1, s. 99; 2009, c. 15, s. 83.

421.1.1. An amount paid or payable by a long-haul truck driver in respect of the consumption of food or beverages by the driver during an eligible travel period of the driver is deemed to be equal to the amount obtained by multiplying the specified percentage in respect of the amount so paid or payable by the lesser of

(a)  the amount so paid or payable; and

(b)  a reasonable amount in the circumstances.

In this section,

“eligible travel period” in respect of a long-haul truck driver is a period of at least 24 continuous hours during which the driver is away from the municipality or metropolitan area where the specified place in respect of the driver is located for the purpose of driving a long-haul truck that transports goods to, or from, a location that is beyond a radius of 160 km from the specified place;

“long-haul truck” means a truck or a tractor that is designed for hauling freight and that has a gross vehicle weight rating, within the meaning of subsection 1 of section 2 of the Motor Vehicle Safety Regulations (C.R.C., c. 1038) made under the Motor Vehicle Safety Act (S.C. 1993, c. 16), that exceeds 11,788 kg;

“long-haul truck driver” means an individual whose principal business or principal duty of employment is driving a long-haul truck that transports goods;

“specified percentage” in respect of an amount paid or payable is

(a)  60%, if the amount is paid or becomes payable after 18 March 2007 and before 1 January 2008;

(b)  65%, if the amount is paid or becomes payable in the year 2008;

(c)  70%, if the amount is paid or becomes payable in the year 2009;

(d)  75%, if the amount is paid or becomes payable in the year 2010; and

(e)  80%, if the amount is paid or becomes payable after 31 December 2010;

“specified place” means, in the case of an employee, the employer’s establishment to which the employee ordinarily reports for work and, in the case of an individual whose principal business is to drive a long-haul truck to transport goods, the place where the individual resides.

2009, c. 15, s. 84.

421.2. Section 421.1 does not apply to an amount paid or payable by a person in respect of the consumption of food or beverages or in respect of entertainment enjoyed by a person, where the amount

(a)  is paid or payable for food, beverages or entertainment provided for, or in the expectation of, compensation in the ordinary course of a business carried on by that person of providing the food, beverages or entertainment for compensation;

(b)  relates to a fund-raising event the primary purpose of which is to benefit a registered charity;

(c)  is an amount for which the person is compensated and the amount of the compensation is reasonable and specifically identified in writing to the person paying the compensation;

(d)  is an amount that is required to be included in computing any individual’s income because of the application of Chapters I and II of Title II in respect of food or beverages consumed or entertainment enjoyed by the individual or a person with whom the individual does not deal at arm’s length, or would be so required but for section 37.1.5 or subparagraph ii of paragraph a of section 42;

(d.1)  is an amount that

i.  is not paid or payable in respect of a conference, convention, seminar or similar event,

ii.  would, but for subparagraph i of paragraph a of section 42, be required to be included in computing any individual’s income for a taxation year because of the application of Chapters I and II of Title II in respect of food or beverages consumed or entertainment enjoyed by the individual or a person with whom the individual does not deal at arm’s length, and

iii.  is paid or payable in respect of the individual’s duties performed at a work site in Canada that is

(1)  outside any urban area, as defined by the last Census Dictionary published by Statistics Canada before the year, that has a population of at least 40,000 individuals as determined in the last census published by Statistics Canada before the year, and

(2)  at least 30 km from the nearest point on the boundary of the nearest such urban area referred to in subparagraph 1;

(d.2)  is an amount that

i.  is not paid or payable in respect of entertainment or of a conference, convention, seminar or similar event,

ii.  would, but for subparagraph i of paragraph a of section 42, be required to be included in computing an individual’s income for a taxation year because of the application of Chapters I and II of Title II in respect of food or beverages consumed by the individual or by a person with whom the individual does not deal at arm’s length,

iii.  is paid or payable in respect of the individual’s duties performed at a site in Canada at which the person carries on a construction activity or at a construction work camp referred to in subparagraph iv in respect of the site, and

iv.  is paid or payable for food or beverages provided at a construction work camp, at which the individual is lodged, that was constructed or installed at or near the site to provide board and lodging to employees while they are engaged in construction services at the site;

(e)  is in respect of one of six or fewer special events held in a calendar year at which the food, beverages or entertainment is generally available to all individuals employed by the person at a particular place of business of the person and then consumed or enjoyed by those individuals at that time;

(f)  is an amount that is the cost of a subscription to cultural events that are

i.  concerts of a symphony orchestra or a classical music or jazz ensemble,

ii.  operas,

ii.1.  vocal performances, other than such performances held in venues normally used for sports events,

ii.2.  performing arts variety shows,

ii.3.  museum exhibits,

iii.  dance performances, or

iv.  theatre performances,

v.  (subparagraph repealed);

(g)  is an amount that is the cost of all or substantially all the tickets for a performance in an event referred to in any of subparagraphs i to iv of subparagraph f.

For the purpose of determining whether the conditions set out in any of subparagraphs d to d.2 of the first paragraph are met in respect of an amount referred to in section 42, paragraph g of section 39 shall not be taken into account.

For the purposes of subparagraph f of the first paragraph and this paragraph,

“cultural events presenter” means

(a)  a person or an organization whose mission is to present the arts, history or science and that is responsible for programming professional performances or museum exhibits generating box office or subscription income;

(b)  a person or an organization acting on behalf of a person or organization described in paragraph a; or

(c)  a manager or lessee of a venue for cultural events;

“subscription” means an agreement between a cultural events presenter and a client under which the client acquires a package put together by the cultural events presenter and consisting of a determined number of tickets for a minimum of three different presentations of events referred to in subparagraphs i to iv of that subparagraph f that are held in Québec.

For the purposes of subparagraphs f and g of the first paragraph, the cost of a subscription or ticket, as the case may be, does not include an amount paid or payable in respect of meals or beverages consumed by a person.

1990, c. 59, s. 168; 1993, c. 16, s. 175; 1995, c. 1, s. 41; 1995, c. 49, s. 236; 1996, c. 39, s. 124; 1997, c. 14, s. 74; 1997, c. 85, s. 68; 2000, c. 39, s. 24; 2001, c. 53, s. 67; 2003, c. 9, s. 28; 2004, c. 8, s. 90; 2005, c. 38, s. 78; 2009, c. 5, s. 139; 2010, c. 25, s. 30.

421.3. For the purposes of sections 421.1 and 421.2, where a fee paid or payable for a conference, convention, seminar or similar event entitles the participant to food, beverages or entertainment, other than incidental beverages and refreshments made available during the course of meetings or receptions at the event, and a reasonable part of the fee, determined on the basis of the cost of providing the food, beverages or entertainment, is not identified in the account for the fee as compensation for the food, beverages or entertainment, an amount of $50 or such other amount as may be prescribed is deemed to be the amount paid or payable in respect of food, beverages or entertainment for each day of the event on which food, beverages or entertainment is provided.

For the purposes of this Part, the fee for the event is deemed to be equal to the expenses incurred minus the amount deemed under the first paragraph to be the amount paid or payable for the food, beverages or entertainment.

1990, c. 59, s. 168.

421.4. For the purposes of this division,

(a)  no amount paid or payable for travel on an airplane, a train or a bus shall be considered to be an amount paid or payable in respect of food, beverages or entertainment consumed or enjoyed by a person while travelling thereon;

(b)  the expression “entertainment” includes amusement and recreation.

1990, c. 59, s. 168.

421.4.1. For the purposes of this division, if a person who is a producer pays or is required to pay in a taxation year an allowance for meal expenses to a person who is an artist in relation to services rendered in the course of a business carried on by the artist, the artist is deemed to be an employee for the purpose of determining the amount that the producer may deduct, in respect of the allowance, in computing the producer’s income for the year from a business carried on by the producer, if

(a)  the allowance for meal expenses is paid or payable under a collective or individual agreement that is binding on the artist and the producer; and

(b)  the agreement referred to in subparagraph a is entered into in accordance with the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1).

In this section, “artist” and “producer” have the meaning assigned by the Act respecting the professional status and conditions of engagement of performing, recording and film artists.

2009, c. 15, s. 85.

DIVISION II EXPENSES RELATED TO PASSENGER VEHICLES

1990, c. 59, s. 168.

421.5. For the purposes of this Part, any interest paid or payable for a period by a person on borrowed money used to acquire a passenger vehicle or on an amount paid or payable for such an acquisition is deemed, in computing the income of the person for a taxation year, to be the lesser of the amount paid or payable and the amount equal to that determined by the formula

(A / 30) × B.

For the purposes of the formula set forth in the first paragraph,

(a)  A is $250 or such other amount as may be prescribed;

(b)  B is the number of days in the period in respect of which the interest is paid or payable, as the case may be.

1990, c. 59, s. 168; 1993, c. 16, s. 176; 1994, c. 22, s. 156.

421.6. Notwithstanding any other provision of this Part, where in a taxation year all or part of the lease charges in respect of a passenger vehicle are paid or payable, directly or indirectly, by a taxpayer and an amount may be deducted in respect of such charges in computing the taxpayer’s income for the year, for the purposes of determining the amount that may be so deducted, the aggregate of such charges are deemed not to exceed the lesser of the amounts determined by the following formulas:

(a)  [(A × B) / 30] − C − D − E;

(b)  [(F × G) / 0.85H] − I − J.

For the purposes of the formulas set forth in the first paragraph,

(a)  A is $600 or such other amount as may be prescribed;

(b)  B is the number of days in the period commencing at the beginning of the term of the lease of the vehicle and ending at the earlier of the end of the year and the end of the lease;

(c)  C is the aggregate of all amounts deducted in computing the taxpayer’s income for the preceding taxation years in respect of the lease charges in respect of the vehicle;

(d)  D is the amount of interest that would be earned on that part of the total of all refundable amounts in respect of the lease that exceeds $1,000 if interest were

i.  payable on the refundable amounts at the prescribed rate;

ii.  computed for the period preceding the end of the year during which the refundable amounts were outstanding;

(e)  E is the aggregate of all reimbursements that became receivable before the end of the year by the taxpayer in respect of the lease;

(f)  F is the aggregate of the lease charges in respect of the lease incurred in respect of the year or the aggregate of the lease charges in respect of the lease paid in the year, depending on the method regularly followed by the taxpayer in computing his income;

(g)  G is $20,000 or such other amount as may be prescribed;

(h)  H is the greater of

i.  $23,529 or such other amount as may be prescribed;

ii.  the manufacturer’s suggested retail price for the vehicle;

(i)  I is the amount of interest that would be earned on that part of the total of all refundable amounts in respect of the lease that exceeds $1,000 if interest were

i.  payable on the refundable amounts at the prescribed rate;

ii.  computed for the period in the year during which the refundable amounts are outstanding;

(j)  J is the aggregate of all reimbursements that became receivable during the year by the taxpayer in respect of the lease.

1990, c. 59, s. 168; 1991, c. 25, s. 189; 1993, c. 16, s. 177.

421.7. Where a person owns or leases a motor vehicle jointly with one or more other persons, the reference in paragraphs d.3 and d.4 of section 99 to the amount of $20,000, in section 421.5 to the amount of $250 and in section 421.6 to the amounts of $600, $20,000 and $23,529 shall read as a reference to that proportion of each of those amounts or such other amounts as may be prescribed for the purposes thereof that the fair market value of his interest in the vehicle is of the fair market value of the interests in the vehicle of all such persons.

1990, c. 59, s. 168.

DIVISION III ILLEGAL PAYMENTS

1993, c. 16, s. 178.

421.8. In computing income, no amount may be deducted in respect of an outlay made or expense incurred for the purpose of doing anything that is an offence or an indictable offence under section 3 of the Corruption of Foreign Public Officials Act (Statutes of Canada, 1998, chapter 34) or under any of sections 119 to 121, 123 to 125, 393 and 426 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or an offence or indictable offence under section 465 of the Criminal Code as it relates to an offence or indictable offence described in any of those sections.

Notwithstanding section 1010, the Minister may make such assessments, reassessments and additional assessments of tax, interest and penalties and such determinations and redeterminations as are necessary to give effect to the first paragraph for any taxation year.

1993, c. 16, s. 178; 2004, c. 8, s. 91.

DIVISION IV FINES AND PENALTIES

2005, c. 38, s. 79.

421.9. In computing income, no amount may be deducted in respect of a fine or penalty, other than a prescribed fine or penalty, or of an amount of interest relating to that fine or penalty, imposed under the laws of a country or of a state, province, territory or other political subdivision of such a country by a person or public body authorized to impose the fine or penalty.

2005, c. 38, s. 79.

DIVISION V INTEREST

2007, c. 12, s. 54.

421.10. In computing income, no amount may be deducted in respect of an amount of interest payable under a fiscal law.

For the purposes of the first paragraph, a fiscal law includes a law of a country or of a state, province, territory or other political subdivision of a country that provides for the collection of income tax, duties or tax.

2007, c. 12, s. 54.

CHAPTER II INADEQUATE CONSIDERATIONS AND ATTRIBUTION OF PROPERTY

1972, c. 23.

422. Except as otherwise provided in this Part, the disposition or acquisition of a property by a taxpayer is deemed to be made at the fair market value of the property at the time of the disposition or acquisition, as the case may be, where

(a)  the taxpayer acquires it by gift, succession or will, or because of a disposition that does not result in a change in the beneficial ownership of the property;

(b)  the taxpayer acquires it from a person with whom he is not dealing at arm’s length, for an amount greater than such value; or

(c)  the taxpayer disposes of it

i.  to a person with whom the taxpayer is not dealing at arm’s length, gratuitously or for consideration that is less than that fair market value,

ii.  to any person by gift inter vivos or

iii.  to a trust because of a disposition that does not result in a change in the beneficial ownership of the property.

1972, c. 23, s. 357; 2001, c. 53, s. 68; 2003, c. 2, s. 115.

422.1. Where, at any time, a taxpayer disposed of property for proceeds of disposition, determined without reference to this section, equal to or greater than the fair market value at that time of the property, and there existed at that time an agreement under which a person with whom the taxpayer was not dealing at arm’s length agreed to pay as rent, royalty or other payment for the use of or the right to use the property an amount less than the amount that would have been reasonable in the circumstances if the taxpayer and the person had been dealing at arm’s length at the time the agreement was entered into, the proceeds of disposition of the property are deemed to be the greater of

(a)  such proceeds determined without reference to this section, and

(b)  the fair market value of the property at the time of the disposition, determined without reference to the existence of the agreement.

1994, c. 22, s. 157.

423. (Repealed).

1972, c. 23, s. 358; 1986, c. 19, s. 92; 1993, c. 16, s. 179; 1997, c. 14, s. 75; 2001, c. 7, s. 44.

424. If, at any time, a property of a corporation is appropriated in any manner whatever to or for the benefit of a shareholder of the corporation gratuitously or for consideration that is less than the property’s fair market value and a sale of the property at its fair market value would have contributed to increase the corporation’s income or to reduce a loss of the corporation, the corporation is deemed, at that time, to have disposed of the property and to have received proceeds of disposition equal to its fair market value at that time.

If, in a taxation year of a corporation, a property is appropriated in any manner whatever to or for the benefit of a shareholder upon the winding-up of the corporation, the following rules apply:

(a)  the corporation is deemed, for the purpose of computing its income for the year, to have disposed of the property immediately before the winding-up for proceeds of disposition equal to its fair market value at that time;

(b)  the shareholder is deemed to have acquired the property at a cost equal to its fair market value immediately before the winding-up;

(c)  sections 302 and 304 do not apply in computing the cost of the property to the shareholder; and

(d)  sections 93.3.1, 106.4, 175.9, 238.1 and 238.3 do not apply in respect of a property disposed of on the winding-up.

1972, c. 23, s. 359; 1975, c. 22, s. 91; 1980, c. 13, s. 45; 1984, c. 15, s. 93; 1993, c. 16, s. 180; 1995, c. 49, s. 117; 1997, c. 3, s. 71; 2000, c. 5, s. 99; 2003, c. 2, s. 116; 2009, c. 5, s. 140.

425. The disposition or acquisition by a taxpayer, at any time in a taxation year that begins before 1 January 2007, of property that is petroleum, natural gas or other related hydrocarbons, or metal or minerals produced in the operation by the taxpayer of a natural accumulation of petroleum or natural gas, an oil or gas well or a mineral resource, situated in Canada, is deemed to be made at the fair market value of that property at that time, where

(a)  the disposition is to a person referred to in section 90 gratuitously or for a consideration less than that fair market value; or

(b)  the acquisition is from a person referred to in section 90 for an amount greater than that fair market value.

1975, c. 22, s. 92; 1979, c. 18, s. 28; 1987, c. 67, s. 99; 1995, c. 49, s. 236; 2005, c. 1, s. 100.

426. For the purposes of section 425, the fair market value of property referred to in that section is

(a)  in the case of a disposition by the taxpayer to a person referred to in section 90, deemed to be equal, at the time of disposition, for each unit of any particular quantity of such property, to the amount by which the average proceeds of disposition of a like unit that become receivable by that person in the month that includes the time of the disposition from a person other than a person referred to in section 90, exceeds the aggregate of

i.  the average aggregate of reasonable and necessary expenses, including depreciation, but not the cost of acquisition, incurred by that person referred to in section 90 in respect of such a unit for that month, that may reasonably be attributed to the transporting, marketing or processing of that unit, and

ii.   in respect of the unit disposed of by the taxpayer, the amount that may reasonably be considered to be an amount that became receivable by Her Majesty in right of Canada for the use and benefit of a band as defined in the Indian Act (Revised Statutes of Canada, 1985, chapter I-5); and

(b)  in the case of an acquisition by the taxpayer from a person referred to in section 90, computed without taking into account any law or contract requiring the taxpayer to acquire that property, and deemed to be equal, at the time of acquisition, for each unit of any particular quantity of such property, to the aggregate of

i.  the amount paid or payable to the taxpayer by that person in respect of that unit, and

ii.  the amount in respect of that unit paid or payable to Her Majesty in right of Canada by that person for the use and benefit of a band as defined in the Indian Act.

1975, c. 22, s. 92; 1986, c. 19, s. 93; 2005, c. 1, s. 100.

427. For the purposes of paragraph a of section 426, where a person referred to in section 90 disposes of a unit referred to in the said paragraph to another such person, those two persons are deemed to be the same person.

1975, c. 22, s. 92.

427.1. (Repealed).

1984, c. 15, s. 94; 1985, c. 25, s. 86.

427.2. (Repealed).

1984, c. 15, s. 94; 1985, c. 25, s. 86.

427.3. (Repealed).

1984, c. 15, s. 94; 1985, c. 25, s. 86.

427.4. Notwithstanding any other provision of this Part, where, at any particular time as part of a series of transactions or events, a taxpayer disposes of property for proceeds of disposition that are less than its fair market value, the taxpayer is deemed to have disposed of the property at that time for proceeds of disposition equal to its fair market value at that time, if

(a)  it may reasonably be considered that one of the main purposes of the series of transactions or events is to obtain the benefit of

i.  any deduction described in the second paragraph or any balance of undeducted outlays, expenses or other amounts available to a person, other than a person that would be affiliated with the taxpayer immediately before the series of transactions or events, but for the definition of “controlled” in section 21.0.1, in respect of a subsequent disposition of the property or property substituted for the property, or

ii.  an exemption available to any person from tax payable under this Part on any income arising on a subsequent disposition of the property or property substituted for the property; and

(b)  the subsequent disposition referred to in paragraph a occurs, or arrangements for the subsequent disposition are made, before the day that is three years after the particular time.

The deduction to which subparagraph i of subparagraph a of the first paragraph refers is a deduction, other than a deduction under section 726.7.1 in respect of a capital gain from a disposition of a share acquired by the taxpayer in an acquisition to which sections 530 to 533 or 620 to 625 applied, in computing income, taxable income, taxable income earned in Canada or tax payable under this Part.

1989, c. 77, s. 51; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 2000, c. 5, s. 100.

427.4.1. Notwithstanding sections 1010 to 1011, the Minister may make any assessments or reassessments of the tax, interest and penalties payable by the taxpayer referred to in section 427.4 that are necessary to give effect to that section 427.4

(a)  within three years after the subsequent disposition referred to in subparagraph a of the first paragraph of section 427.4; and

(b)  within four years after the subsequent disposition referred to in subparagraph a of the first paragraph of section 427.4 if, at the end of the taxation year that includes the particular time referred to in that first paragraph, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation.

2000, c. 5, s. 101; 2007, c. 12, s. 55.

427.4.2. For the purposes of section 427.4, where a taxpayer is incorporated or otherwise comes into existence at a particular time during a series of transactions or events, the taxpayer is deemed

(a)  to have existed at the time that was immediately before the series of transactions or events began; and

(b)  to have been affiliated, at the time that was immediately before the series of transactions or events began, with every person with whom the taxpayer is affiliated, otherwise than because of a right referred to in paragraph b of section 20, at the particular time.

2000, c. 5, s. 101.

427.5. Where there has been an amalgamation or merger of a corporation with one or more other corporations to form one corporate entity, in this section referred to as the “new corporation”, each property of the corporation that became property of the new corporation as a result of the amalgamation or merger is deemed, for the purpose of determining whether section 427.4 is applicable in respect of the amalgamation or merger, to have been disposed of by the corporation immediately before the amalgamation or merger for proceeds of disposition equal to

(a)  in the case of a Canadian resource property or a foreign resource property, nil;

(b)  (paragraph repealed);

(c)  in the case of any other property, the cost amount to the corporation of the property immediately before the amalgamation or merger.

1989, c. 77, s. 51; 1990, c. 59, s. 169; 1994, c. 22, s. 158; 1997, c. 3, s. 25.

CHAPTER III DEATH OF A TAXPAYER

1972, c. 23.

DIVISION I PERIODIC AMOUNTS AND AMOUNTS RECEIVABLE

1972, c. 23.

428. In computing the income of an individual for the taxation year in which he died, an amount of interest, rent, royalty, annuity, remuneration from an office or employment, or other amount payable periodically, except an amount with respect to an interest in an annuity contract to which paragraph b of section 967 applies, that was not paid before his death, is deemed to have accrued up to that time in equal daily amounts in the period for which such amount was payable and shall be included in computing his income.

Furthermore, for the purposes of the same computation, the reference in paragraph u of section 87 to “in respect of a property acquired or an expenditure made in a preceding taxation year in computing the taxpayer’s tax payable for” shall read as a reference to “in computing the tax payable for the year or”.

1972, c. 23, s. 360; 1984, c. 15, s. 95; 1990, c. 59, s. 170.

429. The rights and property that the taxpayer owned when he died, if they are not property contemplated in section 428, or capital property, and if the proceeds thereof when realized or disposed of would have been included in computing the taxpayer’s income, shall be included at their value in computing his income for the year in which he died.

However, the legal representative of an individual may elect, not later than the day that is one year after the date of death or the day that is 90 days after the sending of a notice of assessment, whichever is the later, in respect of the tax of the individual for the year of his death, not to include such value in computing the income of the individual for the year of his death; in that case, he shall file a separate fiscal return for that year under this Part and pay the tax for the year under this Part as if

(a)  the individual were another person;

(b)  that other person’s only income for the year were the value of the rights and property; and

(c)  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual was entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 in computing the individual’s taxable income or the individual’s tax payable under this Part, as the case may be, for the year.

Within the time limit provided for in the second paragraph, the legal representative may revoke the election made under that paragraph by means of a notice filed with the Minister.

1972, c. 23, s. 361; 1985, c. 25, s. 87; 1986, c. 19, s. 94; 1987, c. 67, s. 100; 1989, c. 5, s. 67; 1993, c. 64, s. 34; 1994, c. 22, s. 159; 1997, c. 14, s. 76; 1999, c. 83, s. 273; 2001, c. 53, s. 69; 2004, c. 4, s. 4; 2005, c. 1, s. 101; 2006, c. 36, s. 41; 2007, c. 12, s. 56.

430. Where, before the time allowed under the second paragraph of section 429 has expired, a right or property referred to in the said section, except any compensation or amount referred to in subparagraph ii, iii or iv of subparagraph f of the first paragraph of section 93, has been transferred or distributed to a person who is a beneficiary of the succession or to any other person who is beneficially interested in the succession, the said section 429 does not apply in respect of such right or property and the person shall include in computing his income the amount received by him upon the realization or disposition of such right or property for the year in which such amount is received.

1972, c. 23, s. 362; 1975, c. 22, s. 93; 1978, c. 26, s. 78; 1993, c. 16, s. 181; 1994, c. 22, s. 160; 1996, c. 39, s. 273; 1998, c. 16, s. 251; 2001, c. 53, s. 260; 2009, c. 5, s. 141.

431. If a taxpayer has acquired a property that is a right or property referred to in section 430, the following rules apply:

(a)  paragraph a of section 422 does not apply to that property; and

(b)  the taxpayer is deemed to have acquired the property at a cost equal to the aggregate of

i.  the portion of the cost to the deceased individual that was not deducted by the deceased individual in computing income for any taxation year, and

ii.  the expenditures made or incurred by the taxpayer to acquire it.

1975, c. 22, s. 94; 1993, c. 16, s. 181; 1998, c. 16, s. 251; 2009, c. 5, s. 142.

432. For the purposes of this division, a right or property does not include incorporeal capital property, land included in the inventory of a business, a Canadian resource property, a foreign resource property or an interest in a life insurance policy, other than an annuity contract of a taxpayer where the payment made by him for its acquisition was deductible in computing his income because of paragraph  f of section 339, or was made in circumstances in which subsection 21 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) applied.

1975, c. 22, s. 94; 1984, c. 15, s. 96; 1986, c. 19, s. 95; 1995, c. 49, s. 118; 2005, c. 1, s. 102.

DIVISION II RESOURCE PROPERTIES AND LAND IN INVENTORIES

1975, c. 22, s. 95.

433. An individual who dies is deemed to have, immediately before the individual’s death, disposed of each Canadian resource property and foreign resource property of the individual and received proceeds of disposition for that property equal to its fair market value immediately before the death and the person who as a consequence of the individual’s death acquires such property is deemed to have acquired the property at the time of the death at a cost equal to the fair market value of the property immediately before the death.

1975, c. 22, s. 95; 1982, c. 5, s. 105; 1986, c. 19, s. 96; 1995, c. 49, s. 119; 2003, c. 2, s. 117.

434. An individual who dies is deemed to have, immediately before the individual’s death, disposed of each property that was land included in the inventory of a business of the individual and received proceeds of disposition for that property equal to its fair market value immediately before the death and the person who as a consequence of the individual’s death acquires such property is deemed to have acquired the property at the time of the death at a cost equal to the fair market value of the property immediately before the death.

1975, c. 22, s. 95; 1995, c. 49, s. 119; 2003, c. 2, s. 117.

435. Notwithstanding sections 433 and 434, where any property referred to therein was owned by an individual who was resident in Canada immediately before his death and, on or after and as a consequence of the death, that property is transferred or distributed to the spouse of the individual or to a trust described in section 440, if it can be shown within the period ending 36 months after the death of the individual or, where written application therefor has been made to the Minister by the individual’s legal representative before the expiry of that period, within such longer period as the Minister considers reasonable, that the property vested indefeasibly in the spouse or trust,

(a)  in the case of a Canadian resource property or a foreign resource property to which section 433 applies, the following rules apply:

i.  the individual is deemed to have, immediately before the individual’s death, disposed of the property and received proceeds of disposition therefor equal to such amount as is specified by the individual’s legal representative in the individual’s fiscal return filed under paragraph c of subsection 2 of section 1000, to the extent that the amount does not exceed the fair market value of the property immediately before the death, and

ii.  the spouse or trust is deemed to have acquired the property at the time of death at a cost equal to the amount determined in respect of the disposition under subparagraph i; and

(b)  in the case of a property to which section 434 applies, the individual is deemed to have, immediately before his death, disposed of the property and received proceeds of disposition therefor equal to its cost amount to the individual immediately before the death, and the spouse or the trust is deemed to have acquired the property at the time of the death at a cost equal to those proceeds.

1975, c. 22, s. 95; 1977, c. 26, s. 50; 1982, c. 5, s. 106; 1986, c. 19, s. 97; 1994, c. 22, s. 161; 1995, c. 49, s. 120; 2003, c. 2, s. 118; 2009, c. 5, s. 143.

DIVISION III CAPITAL PROPERTY, DEPRECIABLE PROPERTY AND OTHER PROPERTY

1972, c. 23; 1994, c. 22, s. 162.

436. An individual who dies is deemed to have, immediately before his death, disposed of each capital property of the individual and received proceeds of disposition therefor equal to the fair market value of the property immediately before the death, and any person who acquires the property as a consequence of the death is deemed to have acquired it at the time of the death at a cost equal to its fair market value immediately before the death.

1972, c. 23, s. 363; 1973, c. 17, s. 45; 1994, c. 22, s. 163; 1995, c. 49, s. 121.

437. Notwithstanding section 188, where at any time an individual has died and any person has, as a consequence of the individual’s death, acquired an incorporeal capital property of the individual in respect of a business carried on by the individual immediately before that time, otherwise than by way of a distribution of property by a trust that has deducted an amount under paragraph b of section 130 in respect of the property or in circumstances to which section 189 applies, the following rules apply:

(a)  the individual is deemed to have disposed of the capital property immediately before his death for proceeds of disposition equal to 4/3 of that proportion of the eligible incorporeal capital amount of the individual in respect of the business that the fair market value immediately before that time of the capital property is of the fair market value immediately before that time of all of the incorporeal capital property of the individual in respect of the business;

(b)  the person is deemed, in respect of the incorporeal capital property, to have acquired a capital property at the time of the death of the individual at a cost equal to the proceeds of disposition determined under paragraph a, except where the person continues to carry on the business of the individual, in which case the person is deemed to have, at the time of the individual’s death, acquired an incorporeal capital property and disbursed therefor an incorporeal capital amount equal to the aggregate of

i.  the proceeds of disposition determined in paragraph a, and

ii.  4/3 of that proportion of the excess determined under subparagraph a of the second paragraph of section 107 in respect of the business of the individual at that time that the fair market value immediately before that time of the capital property is of the fair market value immediately before that time of all incorporeal capital property of the individual in respect of the business;

(c)  for the purposes of determining, at any time, the person’s eligible incorporeal capital amount contemplated in paragraph b in respect of the business he continues to carry on, an amount equal to 3/4 of the amount determined under subparagraph ii of paragraph b shall be added to the aggregate otherwise determined under subparagraph i of subparagraph a of the second paragraph of section 107;

(d)  for the purpose of determining, after the individual’s death, the amount required by paragraph b of section 105 to be included in computing the income of the person referred to in paragraph b in respect of any subsequent disposition of the property of the business, there shall be added to the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 the proportion of the amount determined under that subparagraph ii in respect of the business of the individual immediately before the individual’s death that the fair market value of that incorporeal capital property immediately before the time of the death is of the fair market value at that time of the aggregate of the incorporeal capital property of the individual in respect of the business.

1975, c. 22, s. 96; 1990, c. 59, s. 171; 1993, c. 16, s. 182; 1994, c. 22, s. 164; 1995, c. 49, s. 122; 1996, c. 39, s. 125; 2001, c. 7, s. 45; 2003, c. 2, s. 119; 2005, c. 1, s. 103.

437.1. Where an individual who dies has at the time of death a net income stabilization account, all amounts held for or on behalf of the individual in his NISA Fund No. 2 are deemed to have been paid out of that fund to the individual immediately before his death.

1994, c. 22, s. 165.

437.2. Where an individual who dies has at the time of death a farm income stabilization account, the balance of the account at that time is deemed to have been paid to the individual immediately before the individual’s death.

2004, c. 21, s. 77.

438. (Repealed).

1972, c. 23, s. 364; 1973, c. 17, s. 46; 1994, c. 22, s. 166.

438.1. (Repealed).

1979, c. 38, s. 14; 1985, c. 25, s. 89; 1987, c. 67, s. 102; 1994, c. 22, s. 167; 1995, c. 49, s. 123.

439. For the purposes of sections 93 to 104, Chapter III of Title III and any regulations made under paragraph a of section 130 or section 130.1, where depreciable property of a prescribed class of a deceased individual is deemed under section 436 to be acquired by a person, except where the individual’s proceeds of disposition of the property under section 436 are redetermined under sections 93.1 to 93.3, and the capital cost to the individual of the property exceeds the amount determined under section 436 to be the cost to the person of the property, the following rules apply:

(a)  the capital cost to the person of the property is deemed to be equal to the capital cost to the individual of the property; and

(b)  the excess is deemed to have been allowed to the person as depreciation in respect of the property for the taxation years that ended before the acquisition.

1972, c. 23, s. 365; 1979, c. 18, s. 29; 1994, c. 22, s. 168; 1995, c. 49, s. 124.

439.1. Notwithstanding section 436, where property of a deceased individual is deemed under section 436 to be acquired by a person and the individual’s proceeds of disposition of the property under section 436 are redetermined under sections 93.1 to 93.3, the following rules apply:

(a)  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations made under paragraph a of section 130 or section 130.1, where the property was depreciable property of a prescribed class and the amount that was the capital cost to the individual of the property exceeds the amount so redetermined under sections 93.1 to 93.3,

i.  the capital cost to the person of the property is deemed to be equal to the capital cost to the individual of the property, and

ii.  the excess is deemed to have been allowed to the person as depreciation in respect of the property for the taxation years that ended before the acquisition; and

(b)  where the property is land, other than land to which paragraph a applies, the cost to the person of the property is deemed to be equal to the amount that was the individual’s proceeds of disposition of the property as redetermined under sections 93.1 to 93.3.

1995, c. 49, s. 125.

440. Notwithstanding section 436, where property referred to therein is, as a consequence of the death of an individual who was resident in Canada immediately before his death, transferred or distributed to his spouse who was resident in Canada immediately before the individual’s death or to a trust created by the individual’s will, which was resident in Canada immediately after the time when the property was indefeasibly vested in the trust, if it can be shown, within the period ending 36 months after the death of the individual or, where written application therefor has been made to the Minister by the individual’s legal representative before the expiry of that period, within such longer period as the Minister considers reasonable, that the property has become vested indefeasibly in the spouse or trust,

(a)  subject to subparagraph a.1, the individual is deemed to have, immediately before his death, disposed of the property and received proceeds of disposition therefor equal to the following amount, and the spouse or the trust is deemed to have acquired the property at the time of the death at a cost equal to those proceeds:

i.  where the property was depreciable property of a prescribed class, the lesser of the capital cost and the cost amount to the individual of the property immediately before his death, and

ii.  in any other case, the adjusted cost base of the property to the individual immediately before his death;

(a.1)  where the property is an interest in a partnership, other than an interest to which section 636 applies,

i.  the individual is deemed, except for the purposes of section 632, not to have disposed of the property as a consequence of his death,

ii.  the spouse or the trust is deemed to have acquired the property at the time of the death at a cost equal to its cost to the individual, and

iii.  each amount added or deducted under section 255 or 257, as the case may be, in computing the adjusted cost base to the individual of the property is deemed to be required by that section 255 or 257 to be added or deducted in computing the adjusted cost base to the spouse or the trust of the property; and

(b)  section 439 applies to depreciable property of a prescribed class as if the reference therein to section 436 were a reference to subparagraph a of the first paragraph of section 440;

(c)  (subparagraph repealed).

The first paragraph applies only where the will creating the trust entitles the spouse to receive all of the income of the trust that arises before the spouse’s death, and no person except the spouse may receive or otherwise obtain enjoyment of any of the income or capital of the trust.

1972, c. 23, s. 366; 1973, c. 17, s. 47; 1975, c. 22, s. 97; 1984, c. 15, s. 97; 1986, c. 19, s. 98; 1993, c. 16, s. 183; 1994, c. 22, s. 169; 1995, c. 49, s. 126; 1997, c. 3, s. 71; 2009, c. 5, s. 145.

441. (Repealed).

1975, c. 22, s. 98; 1977, c. 26, s. 51; 1984, c. 15, s. 98; 1994, c. 22, s. 170.

441.1. Where a property that is a net income stabilization account of an individual is, on or after the individual’s death and as a consequence thereof, transferred or distributed to the individual’s spouse, or to a trust described in the second paragraph, sections 437.1 and 462.0.1 do not apply in respect of the individual’s NISA Fund No. 2 if it can be shown, within the period ending 36 months after the death of the individual or, where written application therefor has been made to the Minister by the individual’s legal representative before the expiry of that period, within such longer period as the Minister considers reasonable, that the property has become vested indefeasibly in the spouse or trust.

The trust referred to in the first paragraph is a trust created by the individual’s will, under which the individual’s spouse is entitled to receive all of the income of the trust that arises before the spouse’s death, and no person except the spouse may receive or otherwise obtain enjoyment of any of the income or capital of the trust.

1994, c. 22, s. 171; 2009, c. 5, s. 146.

441.2. Where a property that is a farm income stabilization account of an individual is, on or after the individual’s death and as a consequence thereof, transferred or distributed to the individual’s spouse, or to a trust described in the second paragraph, sections 437.2 and 462.0.2 do not apply in respect of the property if it can be shown, within the period ending 36 months after the death of the individual or, where written application therefor has been made to the Minister by the individual’s legal representative before the expiry of that period, within such longer period as the Minister considers reasonable, that the property has become vested indefeasibly in the spouse or trust.

The trust referred to in the first paragraph is a trust created by the individual’s will, under which the individual’s spouse is entitled to receive all of the income of the trust that arises before the spouse’s death, and no person except the spouse may receive or otherwise obtain enjoyment of any of the income or capital of the trust.

2004, c. 21, s. 78; 2009, c. 5, s. 147.

442. Sections 440 to 441.2 do not apply to any property of a deceased individual in respect of which the individual’s legal representative makes a valid election under subsection 6.2 of section 70 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

Where, in respect of the property and by virtue of subsection 3.2 of section 220 of the Income Tax Act, the time for making the election referred to in the first paragraph is extended or a previous such election is rescinded, the legal representative of the individual

(a)  shall notify the Minister in writing and attach to the notice a copy of the document to that effect sent by the legal representative to the Minister of Revenue of Canada; and

(b)  incurs a penalty equal to $100 for each complete month from the individual’s filing-due date for the year of the individual’s death and ending on the day on which the notice referred to in subparagraph a is sent to the Minister, up to $5,000.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to take into account the election or the rescinded election referred to in the second paragraph.

1977, c. 26, s. 52; 1994, c. 22, s. 172; 1997, c. 85, s. 69; 2000, c. 5, s. 293; 2004, c. 21, s. 79; 2009, c. 5, s. 148.

443. (Repealed).

1972, c. 23, s. 367; 1973, c. 17, s. 48; 1975, c. 22, s. 99; 1986, c. 19, s. 99; 1994, c. 22, s. 173.

444. The rules set out in the second paragraph apply to an individual and to a child of the individual in respect of a property to which section 436 would, if this Act were read without reference to this section, apply if

(a)  the property was, immediately before the individual’s death,

i.  a share of the capital stock of a family farm corporation of the individual, an interest in a family farm partnership of the individual, a share of the capital stock of a family fishing corporation of the individual or an interest in a family fishing partnership of the individual, or

ii.  land or a depreciable property of a prescribed class situated in Canada that was, before the death, used principally in the course of carrying on a fishing or farming business in Canada in which the individual or the spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis or, in the case of a property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot;

(b)  the child of the individual was resident in Canada immediately before the day on which the individual died; and

(c)  because of the individual’s death, the property is transferred to and becomes vested indefeasibly in the child within the period ending 36 months after the individual’s death or, if application has been made to the Minister by the individual’s legal representative before the expiry of that period, within any longer period that the Minister considers reasonable.

The rules to which the first paragraph refers are the following:

(a)  if the individual’s legal representative does not make a valid election under paragraph b of subsection 9.01 or 9.21 of section 70 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in the individual’s fiscal return filed under Part I of that Act for the year in which the individual died, to have that paragraph b apply to the individual and the child in respect of the property,

i.  sections 422 and 436 do not apply to the individual and the child in respect of the property,

ii.  the individual is deemed, immediately before the individual’s death, to have disposed of the property and received, at the time and in respect of the disposition of the property, proceeds of disposition equal to the following amount, and the child is deemed, immediately after the time and in respect of the disposition of the property, to have acquired the property at a cost equal to those proceeds:

(1)  if the property is a depreciable property of a prescribed class, the lesser of the capital cost of the property to the individual and the amount, determined immediately before the time of the disposition of the property, that is equal to that proportion of the undepreciated capital cost of property of that class to the individual that the capital cost of the property to the individual is of the capital cost to the individual of all property of that class that had not, at or before that time, been disposed of, and

(2)  if the property is land, other than land to which subparagraph 1 applies, a share of the capital stock of a family farm corporation of the individual or a share of the capital stock of a family fishing corporation of the individual, the adjusted cost base of the property to the individual immediately before the time of the disposition of the property,

iii.  if the property is, immediately before the individual’s death, an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual, other than an interest to which section 636 applies, the following rules apply:

(1)  the individual is deemed, except for the purposes of section 632, not to have disposed of the property because of the individual’s death,

(2)  the child is deemed to have acquired the property at the time of the individual’s death at a cost equal to the cost of the interest to the individual immediately before the time that is immediately before the time of the individual’s death, and

(3)  each amount required by section 255 or 257 to be added or deducted in computing the adjusted cost base of the property to the individual, immediately before the individual’s death, is deemed to be an amount required by that section 255 or 257 to be added or deducted in computing, at any time at or after the individual’s death, the adjusted cost base of the property to the child,

iv.  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations under paragraph a of section 130 or section 130.1, if a depreciable property of a prescribed class of the individual is deemed under subparagraph ii to be acquired by the child because of the individual’s death, except where the individual’s proceeds of disposition of the property determined under subparagraph ii are redetermined under sections 93.1 to 93.3, and the capital cost of the property to the individual exceeds the amount determined under subparagraph ii to be the cost of the property to the child, the following rules apply:

(1)  the capital cost of the property to the child is deemed to be equal to the capital cost of the property to the individual, and

(2)  the excess is deemed to have been allowed to the child as depreciation in respect of the property for the taxation years that ended before the acquisition, and

v.  despite subparagraph ii, if a property of the individual is deemed under subparagraph ii to be acquired by the child because of the individual’s death, and the individual’s proceeds of disposition of the property determined under subparagraph ii are redetermined under sections 93.1 to 93.3, the following rules apply:

(1)  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations under paragraph a of section 130 or section 130.1, if the property is a depreciable property of a prescribed class of the individual and the capital cost of the property to the individual exceeds the amount so redetermined under sections 93.1 to 93.3, the capital cost of the property to the child is deemed to be equal to the capital cost of the property to the individual, and the excess is deemed to have been allowed to the child as depreciation in respect of the property for the taxation years that ended before the acquisition, and

(2)  if the property is land, other than land to which subparagraph 1 applies, the cost of the property to the child is deemed to be equal to the individual’s proceeds of disposition of the property as redetermined under sections 93.1 to 93.3; and

(b)  if the individual’s legal representative makes a valid election under paragraph b of subsection 9.01 or 9.21 of section 70 of the Income Tax Act in the individual’s fiscal return filed under Part I of that Act for the year in which the individual died, to have that paragraph b apply to the individual and the child in respect of the property,

i.  subparagraph a applies without reference to its subparagraphs ii and iii and as if the references to that subparagraph ii in subparagraphs iv and v of that subparagraph a were read as references to subparagraph ii of this subparagraph b,

ii.  subject to subparagraph iii, the individual is deemed, immediately before the individual’s death, to have disposed of the property and received, at the time and in respect of the disposition, proceeds of disposition equal to

(1)  subject to the third paragraph and unless otherwise specified by the individual’s legal representative, the amount established in accordance with section 450.5 that is designated in respect of the property by the individual’s legal representative in the individual’s fiscal return filed in accordance with section 1000 for the year in which the individual died, if the individual, immediately before the individual’s death, and the child, at the end of the child’s taxation year in which the death occurred, were resident in Québec and the proportion determined under the second paragraph of section 22, in respect of each of those two latter persons to whom that second paragraph applies for the year in which the individual died, was not less than 9/10 for that year, or

(2)  the amount that is determined in respect of the property under paragraph b of that subsection 9.01 or 9.21, if subparagraph 1 does not apply in respect of the property,

iii.  subparagraph iii of subparagraph a applies in respect of a property described in that subparagraph iii, if the individual’s legal representative makes another valid election under subparagraph iii of paragraph b of subsection 9.21 of section 70 of the Income Tax Act in the individual’s fiscal return filed under Part I of that Act for the year in which the individual died, to have that subparagraph iii of paragraph b apply to the individual in respect of the property, and

iv.  the child is deemed to have acquired the property

(1)  immediately after the time of the disposition of the property and at a cost equal to the proceeds of disposition established in respect of the property under subparagraph ii, or

(2)  if subparagraph iii applies, at the time of the individual’s death and at a cost equal to the cost of the interest to the individual immediately before the time that is immediately before the time of the individual’s death.

However, subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph does not apply in respect of the property unless all or substantially all of the difference between the amount that would, but for that subparagraph 1, be referred to in respect of the property in subparagraph 2 of that subparagraph ii and the amount designated in its respect in that subparagraph 1, is justified by a difference between the cost amount of the property to the individual, immediately before the individual’s death, for the purposes of Part I of the Income Tax Act and the cost amount, at that time, for the purposes of this Part, or by another reason considered by the Minister to be acceptable in the circumstances.

On application by the legal representative of the deceased individual, the Minister may allow subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph to be deemed not to have applied in respect of the property, or may allow the legal representative, after the individual’s filing-due date for the year in which the individual died, to designate pursuant to that subparagraph i an amount or a new amount in respect of the property; in the latter case, the new amount designated is deemed to be the only amount designated by the legal representative under that subparagraph in respect of the property.

Where an application made under the fourth paragraph is granted by the Minister, the legal representative of the deceased individual incurs a penalty equal to $100 for each complete month from the individual’s filing-due date for the year in which the individual died and ending on the day on which the application referred to in that paragraph is sent to the Minister; in such case, this paragraph is deemed not to apply in respect of any other such application made previously by the legal representative in respect of the transfer of the property.

Where, in respect of the property and by virtue of subsection 3.2 of section 220 of the Income Tax Act, the time for making the election under paragraph b of subsection 9.01 or 9.21 of section 70 of that Act is extended or such an election made previously is amended or rescinded, the legal representative of the deceased individual

(a)  shall notify the Minister in writing and attach to the notice a copy of the document to that effect sent by the legal representative to the Minister of Revenue of Canada; and

(b)  incurs a penalty equal to $100 for each complete month from the individual’s filing-due date for the year of the individual’s death and ending on the day on which the notice referred to in subparagraph a is sent to the Minister.

However, the total amount of the penalties that the legal representative of the deceased individual incurs under this section in respect of the property may not exceed the greater of the penalties that the legal representative would otherwise incur in respect of the property, under the fifth paragraph or subparagraph b of the sixth paragraph nor $5,000.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to take into account the granting by the Minister of an application made under the fourth paragraph, or the election or the amended or rescinded election referred to in the sixth paragraph.

1973, c. 17, s. 49; 1977, c. 26, s. 53; 1979, c. 18, s. 30; 1986, c. 15, s. 81; 1986, c. 19, s. 100; 1993, c. 16, s. 184; 1994, c. 22, s. 174; 1995, c. 49, s. 127; 1997, c. 3, s. 71; 1997, c. 85, s. 70; 2000, c. 5, s. 293; 2002, c. 40, s. 36; 2004, c. 8, s. 92; 2007, c. 12, s. 57; 2009, c. 5, s. 149.

444.1. (Repealed).

1979, c. 18, s. 31; 1986, c. 19, s. 101; 1987, c. 67, s. 103.

445. Where a trust created by the will of an individual would be a trust referred to in any of sections 440 to 441.2 but for the payment of the debts owing by the individual when he died or for provision for their payment, the following rules apply:

(a)  the time limit to file the fiscal return contemplated in paragraph c of subsection 2 of section 1000 is extended to 18 months after the individual’s death; and

(b)  where the legal representative makes a valid election under paragraph b of subsection 7 of section 70 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and lists, in the individual’s fiscal return referred to for that purpose in that paragraph, one or more properties, other than a net income stabilization account or a farm income stabilization account, that were, on or after the individual’s death and as a consequence thereof, transferred or distributed to the trust, the fair market value of which properties immediately after the individual’s death was not less than the debts of the individual, minus the amounts described in section 449, section 440 does not apply to the properties so listed and, notwithstanding the payment of, or provision for payment of, any outstanding debts of the individual at the time of the death, the trust is deemed to be a trust referred to in section 440.

1973, c. 17, s. 49; 1994, c. 22, s. 175; 1997, c. 85, s. 71; 2004, c. 21, s. 80.

446. Where the fair market value, immediately after the individual’s death, of the properties referred to in paragraph b of section 445 exceeds the debts of the individual, minus the amounts described in section 449, and the legal representative designates one property, in the return referred to in that paragraph b, that is capital property other than depreciable property or money,

(a)  the capital gain or capital loss, as the case may be, from the disposition that such individual is deemed to have made of that capital property under section 436 is the portion of that gain or loss represented by the proportion between the amount by which the fair market value of that capital property immediately after his death exceeds that excess, and that fair market value at the same time; and

(b)  the cost of that capital property to the trust is, where the individual has a capital gain contemplated in paragraph a, the aggregate of the adjusted cost base of that capital property to him immediately before his death and the capital gain so determined or, where the individual has a capital loss contemplated in the said paragraph, the amount by which the adjusted cost base to him immediately before his death exceeds the capital loss so determined.

1973, c. 17, s. 49; 1977, c. 26, s. 54; 1994, c. 22, s. 176; 1997, c. 85, s. 72.

447. For the purposes of sections 445 and 446, there shall be deducted from the fair market value of property contemplated therein the amount remaining due on any debt secured by a hypothec or mortgage on that property.

1973, c. 17, s. 49; 1974, c. 18, s. 20; 1996, c. 39, s. 126; 2005, c. 1, s. 104.

448. The debts contemplated in sections 445 and 446, for an individual, mean any amount unpaid immediately before his death in respect of a debt or other obligation to pay and any amount payable by reason of his death, except an amount payable to a person as a beneficiary of the succession; they include tax payable by the individual or for him for any taxation year and all duties payable by reason of his death.

1973, c. 17, s. 49; 1998, c. 16, s. 251.

449. The amounts that must be deducted from the debts of the individual under paragraph b of section 445 and section 446 are the duties payable by reason of the death of the individual in respect of property of the trust or any interest therein, and any debt secured by a hypothec or mortgage on property owned by the individual immediately before his death.

1973, c. 17, s. 49; 1996, c. 39, s. 127; 2005, c. 1, s. 105.

450. The rules set out in the second paragraph apply to a trust and a child of the settlor of the trust in respect of a property to which sections 653 to 656.1 would, if this Act were read without reference to this section, apply to the trust because of the death of the beneficiary under the trust who was the settlor’s spouse if

(a)  the property, or a property for which the property was substituted, was transferred to the trust by the settlor;

(b)  section 440, section 454, as that section applied in respect of a transfer that occurred before 1 January 2000, or subparagraph i of paragraph c of section 454.1 applied to the settlor and the trust in respect of the transfer referred to in subparagraph a;

(c)  the property is, immediately before the beneficiary’s death,

i.  land or a depreciable property of a prescribed class of the trust that was used in a fishing or farming business carried on in Canada,

ii.  a share of the capital stock of a Canadian corporation that would, immediately before the beneficiary’s death, be a share of the capital stock of a family farm corporation of the settlor, if the settlor owned the share at that time and subparagraph i of subparagraph a of the first paragraph of section 451 were read without reference to “in which the individual or a spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot”,

iii.  a share of the capital stock of a Canadian corporation that would, immediately before the beneficiary’s death, be a share of the capital stock of a family fishing corporation of the settlor, if the settlor owned the share at that time and subparagraph i of subparagraph a.1 of the first paragraph of section 451 were read without reference to “in which the individual or the spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis”, or

iv.  an interest in a partnership that carried on a fishing or farming business in Canada in which it used all or substantially all of the property;

(d)  in the case of a property referred to in any of subparagraphs ii to iv of subparagraph c, the property, or a property for which the property was substituted, transferred to the trust by the settlor was, immediately before the transfer, a share of the capital stock of a family farm corporation of the settlor, a share of the capital stock of a family fishing corporation of the settlor, an interest in a family farm partnership of the settlor or an interest in a family fishing partnership of the settlor;

(e)  the child of the settlor was resident in Canada immediately before the day on which the beneficiary died; and

(f)  because of the beneficiary’s death, the property is transferred to and becomes vested indefeasibly in the settlor’s child within the period ending 36 months after the beneficiary’s death or, if application has been made to the Minister by the beneficiary’s legal representative before the expiry of that period, within any longer period that the Minister considers reasonable.

The rules to which the first paragraph refers are the following:

(a)  if the trust does not make a valid election under paragraph b of subsection 9.11 or 9.31 of section 70 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in the trust’s fiscal return filed under Part I of that Act for the year in which the beneficiary died, to have that paragraph b apply to the trust in respect of the property,

i.  sections 422 and 653 to 656.1 do not apply to the trust and the child in respect of the property,

ii.  the trust is deemed, immediately before the beneficiary’s death, to have disposed of the property and received, at the time and in respect of the disposition of the property, proceeds of disposition equal to the following amount, and the child is deemed, immediately after the time and in respect of the disposition of the property, to have acquired the property at a cost equal to those proceeds:

(1)  if the property is a depreciable property of a prescribed class, the lesser of the capital cost of the property to the trust and the amount, determined immediately before the time of the disposition of the property, that is equal to that proportion of the undepreciated capital cost of property of that class to the trust that the capital cost of the property to the trust is of the capital cost to the trust of all property of that class that had not, at or before that time, been disposed of, and

(2)  if the property is land, other than land to which subparagraph 1 applies, or, immediately before the beneficiary’s death, a share referred to in subparagraph ii or iii of subparagraph c of the first paragraph, the adjusted cost base of the property to the trust immediately before the time of the disposition of the property,

iii.  if the property is, immediately before the beneficiary’s death, an interest in a partnership described in subparagraph iv of subparagraph c of the first paragraph, other than an interest to which section 636 applies, the following rules apply:

(1)  the trust is deemed, except for the purposes of section 632, not to have disposed of the property because of the beneficiary’s death,

(2)  the child is deemed to have acquired the property at the time of the beneficiary’s death at a cost equal to the cost of the interest to the trust immediately before the time that is immediately before the time of the beneficiary’s death, and

(3)  each amount required by section 255 or 257 to be added or deducted in computing the adjusted cost base of the property to the trust, immediately before the beneficiary’s death, is deemed to be an amount required by that section 255 or 257 to be added or deducted in computing, at any time at or after the beneficiary’s death, the adjusted cost base of the property to the child,

iv.  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations under paragraph a of section 130 or section 130.1, if a depreciable property of a prescribed class of the trust is deemed under subparagraph ii to be acquired by the child because of the death of the beneficiary under the trust, except where the trust’s proceeds of disposition of the property determined under subparagraph ii are redetermined under sections 93.1 to 93.3, and the capital cost of the property to the trust exceeds the amount determined under subparagraph ii to be the cost of the property to the child, the following rules apply:

(1)  the capital cost of the property to the child is deemed to be equal to the capital cost of the property to the trust, and

(2)  the excess is deemed to have been allowed to the child as depreciation in respect of the property for the taxation years that ended before the acquisition, and

v.  despite subparagraph ii, if a property of the trust is deemed under subparagraph ii to be acquired by the child because of the death of the beneficiary under the trust, and the trust’s proceeds of disposition of the property determined under subparagraph ii are redetermined under sections 93.1 to 93.3, the following rules apply:

(1)  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations under paragraph a of section 130 or section 130.1, if the property is a depreciable property of a prescribed class and the capital cost of the property to the trust exceeds the amount so redetermined under sections 93.1 to 93.3, the capital cost of the property to the child is deemed to be equal to the capital cost of the property to the trust, and the excess is deemed to have been allowed to the child as depreciation in respect of the property for the taxation years that ended before the acquisition, and

(2)  if the property is land, other than land to which subparagraph 1 applies, the cost of the property to the child is deemed to be equal to the trust’s proceeds of disposition of the property as redetermined under sections 93.1 to 93.3; and

(b)  if the trust makes a valid election under paragraph b of subsection 9.11 or 9.31 of section 70 of the Income Tax Act in the trust’s fiscal return filed under Part I of that Act for the year in which the beneficiary died, to have that paragraph b apply to the trust in respect of the property,

i.  subparagraph a applies without reference to its subparagraphs i, ii and iii and as if the references to that subparagraph ii in subparagraphs iv and v of that subparagraph a were read as references to subparagraph iv of this subparagraph b,

ii.  if the property is described in subparagraph i of subparagraph c of the first paragraph, sections 653 to 656.1 do not apply to the trust in respect of the property,

iii.  if the property is described in any of subparagraphs ii to iv of subparagraph c of the first paragraph, section 422 does not apply to the trust and the child in respect of the transfer of the property and section 653 does not apply to the trust in respect of the property,

iv.  subject to subparagraph v, the trust is deemed, immediately before the beneficiary’s death, to have disposed of the property and received, at the time and in respect of the disposition, proceeds of disposition equal to

(1)  subject to the third paragraph and unless otherwise specified by the trust, the amount established in accordance with section 450.5 that is designated in respect of the property by the trust in the trust’s fiscal return filed in accordance with section 1000 for the year in which the beneficiary under the trust died, if the trust and the child, at the end of their respective taxation year in which the death occurred, were resident in Québec and the proportion determined under the second paragraph of section 22, in respect of each of those two latter persons to whom that second paragraph applies for the year in which the beneficiary under the trust died, was not less than 9/10 for that year, or

(2)  the amount that is determined in respect of the property under paragraph b of that subsection 9.11 or 9.31, if subparagraph 1 does not apply in respect of the property,

v.  subparagraph iii of subparagraph a applies in respect of a property described in that subparagraph iii, if the trust makes another valid election under subparagraph iii of paragraph b of subsection 9.31 of section 70 of the Income Tax Act in the trust’s fiscal return filed under Part I of that Act for the year in which the beneficiary died, to have that subparagraph iii of paragraph b apply to the trust in respect of the property, and

vi.  the child is deemed to have acquired the property

(1)  immediately after the time of the disposition of the property and at a cost equal to the proceeds of disposition established in respect of the property under subparagraph iv, or

(2)  if subparagraph v applies, at the time of the beneficiary’s death and at a cost equal to the cost of the interest to the trust immediately before the time that is immediately before the time of the beneficiary’s death.

However, subparagraph 1 of subparagraph iv of subparagraph b of the second paragraph does not apply in respect of the property unless all or substantially all of the difference between the amount that would, but for that subparagraph 1, be referred to in respect of the property in subparagraph 2 of that subparagraph iv and the amount designated in its respect in that subparagraph 1, is justified by a difference between the cost amount of the property to the trust, immediately before the beneficiary’s death, for the purposes of Part I of the Income Tax Act and the cost amount, at that time, for the purposes of this Part, or by another reason considered by the Minister to be acceptable in the circumstances.

On application by the trust, the Minister may allow subparagraph 1 of subparagraph iv of subparagraph b of the second paragraph to be deemed not to have applied in respect of the property, or may allow the trust, after the trust’s filing-due date for the year in which the spouse died, to designate pursuant to that subparagraph i an amount or a new amount in respect of the property; in the latter case, the new amount designated is deemed to be the only amount designated by the trust under that subparagraph in respect of the property.

Where an application made under the fourth paragraph is granted by the Minister, the trust incurs a penalty equal to $100 for each complete month from the trust’s filing-due date for the year in which the spouse died and ending on the day on which the application referred to in that paragraph is sent to the Minister; in such case, this paragraph is deemed not to apply in respect of any other such application made previously by the trust in respect of the transfer of the property.

Where, in respect of the property and by virtue of subsection 3.2 of section 220 of the Income Tax Act, the time for making the election under paragraph b of subsection 9.11 or 9.31 of section 70 of that Act is extended or such an election made previously is amended or rescinded, the trust

(a)  shall notify the Minister in writing and attach to the notice a copy of the document to that effect sent by the trust to the Minister of Revenue of Canada; and

(b)  incurs a penalty equal to $100 for each complete month from the trust’s filing-due date for the year in which the spouse died and ending on the day on which the notice referred to in subparagraph a is sent to the Minister.

However, the total amount of the penalties that the trust incurs under this section in respect of the property may not exceed the greater of the penalties that the trust would otherwise incur in respect of the property, under the fifth paragraph or subparagraph b of the sixth paragraph nor $5,000.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to take into account the granting by the Minister of an application made under the fourth paragraph, or the election or the amended or rescinded election referred to in the sixth paragraph.

1975, c. 22, s. 100; 1979, c. 18, s. 32; 1986, c. 15, s. 82; 1986, c. 19, s. 102; 1993, c. 16, s. 185; 1994, c. 22, s. 177; 1995, c. 49, s. 128; 1997, c. 3, s. 71; 1997, c. 85, s. 73; 2000, c. 5, s. 293; 2002, c. 40, s. 37; 2003, c. 2, s. 120; 2004, c. 8, s. 93; 2007, c. 12, s. 58; 2009, c. 5, s. 151.

450.1. (Repealed).

1979, c. 18, s. 33; 1986, c. 19, s. 103; 1987, c. 67, s. 104.

450.2. For the purposes of sections 436, 439, 439.1 and 653 and Chapter I of Title I.1 of Book VI, the fair market value at a particular time of any property deemed to be disposed of at that time by reason of a particular individual’s death or as a consequence of the particular individual becoming or ceasing to be resident in Canada shall be determined as though the fair market value at that time of any life insurance policy under which the particular individual, or any other individual not dealing at arm’s length with the particular individual at that time or at the time the policy is issued, is the person whose life is insured, were equal to the cash surrender value, within the meaning of paragraph d of section 966, of the policy immediately before the particular individual died or became or ceased to be resident in Canada, as the case may be.

1984, c. 15, s. 99; 1985, c. 25, s. 90; 1986, c. 19, s. 104; 1994, c. 22, s. 178; 1997, c. 3, s. 71; 2003, c. 2, s. 121; 2004, c. 8, s. 94.

450.3. (Repealed).

1985, c. 25, s. 90; 1987, c. 67, s. 105.

450.4. (Repealed).

1985, c. 25, s. 90; 1986, c. 19, s. 105; 1987, c. 67, s. 105.

450.5. For the purposes of subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 444 and subparagraph 1 of subparagraph iv of subparagraph b of the second paragraph of section 450, the amount designated in respect of a property by the legal representative of the individual referred to in section 444 or by the trust referred to in section 450, as the case may be, must not be less than the lesser of nor greater than the greater of

(a)  the fair market value of the property immediately before the time of its disposition; and

(b)  where

i.  the property is a depreciable property of a prescribed class, the lesser of the capital cost of the property to the individual or to the trust and the amount, determined immediately before the time of the disposition of the property, that is equal to that proportion of the undepreciated capital cost of the property of that class to the individual or to the trust that the capital cost of the property to the individual or to the trust is of the capital cost to the individual or to the trust of all the property of that class that had not, at or before that time, been disposed of,

ii.  in the case of the individual referred to in section 444, the property is land, other than land to which subparagraph i applies, a share of the capital stock of a family farm corporation, a share of the capital stock of a family fishing corporation, an interest in a family farm partnership, or an interest in a family fishing partnership, the adjusted cost base of the property to the individual immediately before the time of the disposition of the property, or

iii.  in the case of the trust referred to in section 450, the property is land, other than land to which subparagraph i applies, a share referred to in subparagraph ii or iii of subparagraph c of the first paragraph of that section, or an interest in a partnership described in subparagraph iv of subparagraph c of the first paragraph of that section, the adjusted cost base of the property to the trust immediately before the time of the disposition of the property.

If the amount designated in respect of a property is less than the lesser of the amounts determined in respect of the property under subparagraphs a and b of the first paragraph, it is deemed, for the purposes of subparagraph 1 of subparagraph ii of subparagraph b of the second paragraph of section 444 and subparagraph 1 of subparagraph iv of subparagraph b of the second paragraph of section 450, to be equal to the lesser of those amounts, and if it is greater than the greater of those amounts, it is deemed, for the purposes of those subparagraphs 1, to be equal to the greater of the amounts determined under those subparagraphs a and b of the first paragraph in respect of the property.

1986, c. 15, s. 83; 1995, c. 49, s. 129; 1997, c. 3, s. 71; 1997, c. 85, s. 74; 2007, c. 12, s. 59.

450.6. Section 444 applies in respect of the transfer of a property as if “to a child” and “in the child” were replaced by “to the father or mother” and “in the father or mother”, respectively, and as if “the child” were replaced by “the father or mother”, if

(a)  the property was acquired by an individual in circumstances where any of sections 444, 450 and 460 to 462 applied in respect of the acquisition;

(b)  the property is transferred to the father or mother of the individual because of the individual’s death; and

(c)  the individual’s legal representative makes a valid election in the fiscal return filed under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for the taxation year in which the individual died, to have subsection 9.6 of section 70 of that Act apply in respect of the transfer.

1986, c. 15, s. 83; 1997, c. 85, s. 75; 2007, c. 12, s. 60.

450.7. (Repealed).

1986, c. 15, s. 83; 1986, c. 19, s. 106; 1987, c. 67, s. 106.

450.8. (Repealed).

1986, c. 15, s. 83; 1987, c. 67, s. 106.

450.9. For the purposes of section 105, paragraph b of section 130, sections 444 and 459, subparagraph iv of subparagraphs a and a.0.1 of the first paragraph of section 726.6, a property of an individual is, at a particular time, deemed to be used by the individual in a fishing or farming business carried on in Canada if, at that particular time, the property is being used, principally in the course of carrying on a fishing or farming business in Canada, by

(a)  a corporation, a share of the capital stock of which is a share of the capital stock of a family farm corporation, or a share of the capital stock of a family fishing corporation, of the individual or of the spouse, a child or the father or mother of the individual; or

(b)  a partnership, a partnership interest in which is an interest in a family farm partnership, or an interest in a family fishing partnership, of the individual or of the spouse, a child or the father or mother of the individual.

1986, c. 15, s. 83; 1993, c. 16, s. 186; 1997, c. 3, s. 71; 2005, c. 1, s. 106; 2007, c. 12, s. 61.

450.10. For the purposes of Divisions I to III and, where a provision of either of those divisions, other than this section, applies, for the purposes of sections 93 to 104 and Chapter III of Title III, but not for the purposes of any regulations made under paragraph a of section 130, the capital cost to an individual, or to a trust to which section 450 applies, of depreciable property of a prescribed class disposed of immediately before the death of the individual or, as the case may be, of the spouse referred to in that section 450, shall, in respect of property that was not disposed of by the individual or the trust before that time, be the amount that it would be, if

(a)  paragraph b of section 99 were read without reference to “the lesser of the following amounts” in the portion before subparagraph i thereof and without reference to subparagraph ii thereof;

(b)  subparagraph i of paragraph d of section 99 were read as follows:

“i. where the proportion of the use made of the property to gain income has increased at a particular time, the taxpayer is deemed to have acquired at that time depreciable property of that class at a capital cost equal to the proportion of the fair market value of the property at that time that the amount of the increase in the use regularly made by the taxpayer of the property to gain income is of the whole of the use regularly made of the property;” and

(c)  section 99 were read without reference to paragraph d.1 thereof.

1995, c. 49, s. 130; 1998, c. 16, s. 166.

450.11. Where two or more depreciable properties of a prescribed class are disposed of at the same time as a consequence of an individual’s death, Divisions I to III and paragraph a of the definition of “cost amount” in section 1 apply as if each property so disposed of were separately disposed of in the order designated by the individual’s legal representative or, in the case of a trust referred to in section 450, by the trust and, where the taxpayer’s legal representative or the trust, as the case may be, does not designate an order, in the order designated by the Minister.

1995, c. 49, s. 130.

451. In this division and sections 234 to 236, 236.2, 237, 240, 241, 261, 264, 271 to 273, 274.1, 278 to 280.4, 288, 293, 428 to 430, 432 to 435, 454 to 455.1 and 459 to 462:

(a)  “share of the capital stock of a family farm corporation” of an individual at any time means a share of the capital stock of a corporation owned by the individual at that time where, at that time, all or substantially all of the fair market value of the property owned by the corporation was attributable to

i.  property that has been used, principally in the course of carrying on the business of farming in Canada in which the individual or a spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot, by any of the following persons or partnerships:

(1)  the corporation or any other corporation, a share of the capital stock of which was a share of the capital stock of a family farm corporation of the individual or of a spouse, a child or the father or mother of the individual,

(1.1)  a corporation controlled by a corporation referred to in subparagraph 1,

(2)  the individual,

(3)  a spouse, a child or the father or mother of the individual, or

(4)  a partnership, an interest in which was an interest in a family farm partnership of the individual or of a spouse, a child or the father or mother of the individual,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv,

iii.  partnership interests or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv, or

iv.  property described in any of subparagraphs i to iii;

(a.1)  “share of the capital stock of a family fishing corporation” of an individual at any time means a share of the capital stock of a corporation owned by the individual at that time if all or substantially all of the fair market value of the property owned by the corporation at that time was attributable to

i.  property that has been used principally in the course of carrying on a fishing business in Canada in which the individual or the spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis, by

(1)  the corporation or another corporation, a share of the capital stock of which is a share of the capital stock of a family fishing corporation of the individual or of the spouse, a child or the father or mother of the individual,

(2)  a corporation controlled by a corporation described in subparagraph 1,

(3)  the individual,

(4)  the spouse, a child or the father or mother of the individual, or

(5)  a partnership, a partnership interest in which is an interest in a family fishing partnership of the individual or of the spouse, a child or the father or mother of the individual,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv,

iii.  partnership interests or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv, or

iv.  property described in any of subparagraphs i to iii;

(b)  (subparagraph repealed);

(c)  (subparagraph repealed);

(d)  “child” of a taxpayer includes a grandchild and a great grandchild of the taxpayer and a person who, at any time before he attained the age of 19 years, was wholly dependent on the taxpayer for support and of whom the taxpayer had, at that time, in law or in fact, the custody and control;

(e)  (subparagraph repealed);

(f)  “interest in a family farm partnership” of an individual at any time means an interest owned by the individual at that time in a partnership where, at that time, all or substantially all of the fair market value of the property of the partnership was attributable to

i.  property that has been used, principally in the course of carrying on the business of farming in Canada in which the individual or a spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot, by the partnership or by

(1)  the individual,

(2)  a spouse, a child or the father or mother of the individual,

(3)  a corporation a share of the capital stock of which was a share of the capital stock of a family farm corporation of the individual or of a spouse, a child or the father or mother of the individual, or

(4)  a partnership, a partnership interest in which is an interest in a family farm partnership of the individual or of the spouse, a child or the father or mother of the individual,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv,

iii.  partnership interests or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv, or

iv.  property described in any of subparagraphs i to iii;

(g)  “interest in a family fishing partnership” of an individual at any time means a partnership interest owned by the individual at that time if, at that time, all or substantially all of the fair market value of the property of the partnership was attributable to

i.  property that has been used principally in the course of carrying on a fishing business in Canada in which the individual or the spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis by the partnership or by

(1)  the individual,

(2)  the spouse, a child or the father or mother of the individual,

(3)  a corporation, a share of the capital stock of which is a share of the capital stock of a family fishing corporation of the individual or of the spouse, a child or the father or mother of the individual, or

(4)  a partnership, a partnership interest in which is an interest in a family fishing partnership of the individual or of the spouse, a child or the father or mother of the individual,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv,

iii.  partnership interests or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv, or

iv.  property described in any of subparagraphs i to iii.

For the purposes of subparagraph a of the first paragraph, the fair market value of a net income stabilization account or of a farm income stabilization account is deemed to be nil.

1977, c. 26, s. 55; 1979, c. 18, s. 34; 1980, c. 13, s. 46; 1982, c. 5, s. 107; 1984, c. 15, s. 100; 1985, c. 25, s. 91; 1986, c. 15, s. 84; 1987, c. 67, s. 107; 1989, c. 5, s. 68; 1994, c. 22, s. 179; 1997, c. 3, s. 71; 2001, c. 7, s. 46; 2004, c. 8, s. 95; 2004, c. 21, s. 81; 2007, c. 12, s. 62; 2010, c. 5, s. 43.

DIVISION IV COMPUTATION OF INCOME

1972, c. 23.

452. Subject to section 453, in computing the income of a taxpayer for the taxation year in which the taxpayer died, sections 153 and 208, subparagraph b of the first paragraph of section 234, paragraph b of section 234.0.1, the amount that the taxpayer may deduct under subparagraph a of the first paragraph of section 279 and sections 357 and 358, as they read in respect of a disposition of property, may not be taken into account.

1972, c. 23, s. 368; 1975, c. 22, s. 101; 1978, c. 26, s. 79; 1987, c. 67, s. 108; 1993, c. 16, s. 187; 2000, c. 5, s. 102; 2009, c. 5, s. 152; 2010, c. 5, s. 44.

DIVISION V ELECTION BY SPOUSE OR TRUST

1972, c. 23.

453. If a right to receive an amount is transferred or distributed as a consequence of the death of a taxpayer to a beneficiary who is the taxpayer’s spouse resident in Canada immediately before the death or a trust referred to in section 440, and the beneficiary and the legal representative of the taxpayer make a valid election under subsection 2 of section 72 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of that right, the following rules apply if the taxpayer was resident in Canada immediately before dying:

(a)  sections 153 and 208 and sections 357 and 358, as they read in respect of the disposition of property, apply in computing the taxpayer’s income for the taxation year of the taxpayer’s death, subparagraph b of the first paragraph of section 234 applies in computing the taxpayer’s gain for that year and section 452 does not apply for the purpose of computing the taxpayer’s gain referred to in subparagraph a of the first paragraph of section 279 for that year, and the beneficiary must include in computing the beneficiary’s income or gain for the beneficiary’s first taxation year ending after the death the amounts deducted in respect of the taxpayer under sections 153 and 208, subparagraph b of the first paragraph of section 234, subparagraph a of the first paragraph of section 279 or sections 357 and 358;

(b)  the amounts provided for in subparagraph a are deemed to have been included in computing the income or earnings of the beneficiary for a previous year, from a similar source;

(c)  despite paragraphs a and b, if the taxpayer had disposed of a property, the beneficiary is deemed, for the purpose of computing any reserve the beneficiary may deduct, in respect of the disposition of property, under section 153, subparagraph b of the first paragraph of section 234, subparagraph a of the first paragraph of section 279 or either of sections 357 and 358, as they read in respect of that disposition, in computing the beneficiary’s income for a taxation year ending after the death of the taxpayer, to be the taxpayer who had disposed of the property and to have disposed of it at the time it was disposed of by the taxpayer.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2 of section 72 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 369; 1973, c. 17, s. 50; 1975, c. 22, s. 102; 1984, c. 15, s. 101; 1987, c. 67, s. 109; 1990, c. 59, s. 172; 1993, c. 16, s. 188; 1994, c. 22, s. 180; 1997, c. 14, s. 77; 2009, c. 5, s. 153; 2010, c. 5, s. 45.

CHAPTER IV INTER VIVOS TRANSFERS

1972, c. 23; 1973, c. 17, s. 51.

454. Where at any time a capital property of an individual, other than a trust, is transferred in any of the circumstances to which section 454.1 applies and both the individual and the transferee are resident in Canada at that time, the capital property is deemed to be disposed of at that time by the individual and acquired by the transferee for an amount equal to the adjusted cost base of the capital property immediately before that time or, where the capital property is depreciable property, to the proportion of the undepreciated capital cost of all the property of the same class that the fair market value before that time of the capital property is of the fair market value before that time of the aggregate of all of the property of the same class.

This section does not apply to such a transfer where the taxpayer makes a valid election under subsection 1 of section 73 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to have the provisions of that subsection not apply to the transfer.

1972, c. 23, s. 370; 1979, c. 38, s. 15; 1982, c. 5, s. 108; 1993, c. 16, s. 189; 1994, c. 22, s. 181; 1997, c. 85, s. 76; 2003, c. 2, s. 122.

454.1. Subject to section 454.2, the circumstances to which section 454 refers are the following:

(a)  the capital property is transferred to the individual’s spouse;

(b)  the capital property is transferred to a former spouse of the individual in settlement of rights arising out of their marriage; and

(c)  the capital property is transferred to a trust created by the individual if the terms of the deed creating it

i.  entitled the individual’s spouse to receive all of the income of the trust that arose before the spouse’s death and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust,

ii.  entitled the individual to receive all of the income of the trust that arose before the individual’s death and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust, or

iii.  entitled the individual and the individual’s spouse to receive all of the income of the trust that arose before their deaths and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust.

2003, c. 2, s. 123.

454.2. Section 454.1 applies to a transfer of capital property by an individual to a trust of which the terms of the deed creating it meet the conditions in subparagraph ii or iii of paragraph c of that section only where

(a)  the trust was created after 31 December 1999;

(b)  either

i.  the individual attained 65 years of age at the time the trust was created, or

ii.  the transfer does not result in a change in beneficial ownership of the capital property and there is immediately after the transfer no absolute or contingent right of a person, other than the individual, or partnership as a beneficiary, determined with reference to section 646.1, under the trust; and

(c)  in the case of a trust of which the terms of the deed creating it meet the conditions in subparagraph ii of paragraph c of section 454.1, the trust does not make an election under subparagraph d of the second paragraph of section 653.

2003, c. 2, s. 123.

455. Where section 454 applies and the capital cost to the taxpayer of a depreciable property of a prescribed class exceeds the amount determined under that section, the following rules apply for the purposes of sections 93 to 104, 130 and 130.1 and of the regulations made under paragraph a of section 130 or section 130.1:

(a)  the capital cost of such capital property to the transferee is deemed to be the capital cost of such capital property to the taxpayer; and

(b)  the excess is deemed to have been allowed to the transferee in respect of such capital property under the regulations made under paragraph a of section 130 in computing his income for the previous taxation years.

1972, c. 23, s. 371; 1979, c. 18, s. 35; 1979, c. 38, s. 16.

455.0.1. Where, in respect of the property referred to in section 454 and by virtue of subsection 3.2 of section 220 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the time for making the election referred to in the second paragraph of section 454 is extended or such an election made previously is rescinded, the taxpayer

(a)  shall notify the Minister in writing and attach to the notice a copy of the document to that effect sent by the taxpayer to the Minister of Revenue of Canada; and

(b)  incurs a penalty equal to $100 for each complete month from the taxpayer’s filing-due date for the year in which the transfer is made and ending on the day on which the notice referred to in subparagraph a is sent to the Minister, up to $5,000.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to take into account the election or the rescinded election referred to in the first paragraph.

1997, c. 85, s. 77; 2000, c. 5, s. 293; 2003, c. 2, s. 124; 2009, c. 5, s. 154.

455.1. (Repealed).

1979, c. 38, s. 17; 1984, c. 15, s. 102.

456. (Repealed).

1972, c. 23, s. 372; 1975, c. 22, s. 103; 1977, c. 26, s. 56; 1980, c. 13, s. 47; 1982, c. 5, s. 109; 1987, c. 67, s. 110.

456.1. For the purposes of this chapter, where a property becomes the property of an individual following the declaratory effect of a partition following the dissolution of the matrimonial regime to which that individual was subject and where that individual was not the deemed owner of the property under section 2.1 immediately before that dissolution, that property is deemed to have been transferred to that individual by his spouse immediately before that dissolution.

1979, c. 38, s. 18.

457. (Repealed).

1972, c. 23, s. 373; 1975, c. 22, s. 104; 1987, c. 67, s. 111.

457.1. (Repealed).

1979, c. 38, s. 19; 1982, c. 5, s. 110; 1987, c. 67, s. 111.

458. (Repealed).

1972, c. 23, s. 374; 1975, c. 22, s. 104; 1987, c. 67, s. 111.

459. Sections 460 to 462 apply to an individual and to a child of the individual in respect of a property transferred, at any time, by the individual to the child, if the child was resident in Canada immediately before the transfer and if

(a)  the property was, immediately before the transfer, land situated in Canada, a depreciable property of a prescribed class situated in Canada or an incorporeal capital property in respect of a fishing or farming business carried on by the individual in Canada, and was used principally in the business of fishing or farming in which the individual or the spouse, a child or the father or mother of the individual was actively engaged on a regular and continuous basis or, in the case of a property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot; or

(b)  the property was, immediately before the transfer, a share of the capital stock of a family farm corporation of the individual, a share of the capital stock of a family fishing corporation of the individual, an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual.

1973, c. 17, s. 52; 1979, c. 18, s. 36; 1986, c. 19, s. 107; 1994, c. 22, s. 182; 1997, c. 3, s. 71; 2004, c. 8, s. 96; 2005, c. 1, s. 107; 2007, c. 12, s. 63.

460. If, because of section 459, this section applies to an individual in respect of a property transferred by the individual to the child of the individual, the following rules apply:

(a)  in cases where paragraph b and section 461 do not apply, the individual is deemed to have disposed of the property, at the time of the transfer, for proceeds equal to proceeds of disposition otherwise determined;

(b)  subject to paragraph c, if the proceeds of disposition of the property otherwise determined exceed the greater of the following amounts, the individual is deemed to have disposed of the property at the time of the transfer for the greater of those amounts:

i.  the fair market value of the property immediately before the time of the transfer, and

ii.  if, immediately before the transfer, the property was

(1)  a depreciable property of a prescribed class, the lesser of the capital cost of the property and the amount, determined immediately before the time of the disposition of the property, that is equal to that proportion of the undepreciated capital cost of the property of that class to the individual that the capital cost of the property to the individual is of the capital cost to the individual of all the property of that class that had not, at or before that time, been disposed of,

(2)  land, a share of the capital stock of a family farm corporation of the individual, a share of the capital stock of a family fishing corporation of the individual, an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual, the adjusted cost base of the property to the individual immediately before the time of the transfer, or

(3)  an incorporeal capital property in respect of a business, the amount obtained by multiplying 4/3 by that proportion of the individual’s eligible incorporeal capital amount in respect of the business that the fair market value of the property immediately before the transfer was of the fair market value at that time of the aggregate of the individual’s incorporeal capital property in respect of the business;

(c)  if, immediately before the transfer, the property was an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual and the individual receives no consideration in respect of the transfer of the property and makes a valid election under paragraph c of subsection 4.1 of section 73 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in the individual’s fiscal return filed under Part I of that Act for the taxation year that includes the time of the transfer, to have that paragraph c apply in respect of the transfer of the property, the individual is deemed, except for the purposes of section 632, not to have disposed of the property at the time of the transfer; and

(d)  section 422 does not apply to the individual in respect of the property.

1973, c. 17, s. 52; 1979, c. 18, s. 37; 1990, c. 59, s. 173; 1994, c. 22, s. 183; 1997, c. 3, s. 71; 2005, c. 1, s. 108; 2007, c. 12, s. 63.

461. If the proceeds of disposition, otherwise determined, of a property referred to in any of subparagraphs 1 to 3 of subparagraph ii of paragraph b of section 460 are less than the lesser of the amount referred to in subparagraph i of that paragraph b and the amount determined under any of subparagraphs 1 to 3 of subparagraph ii of that paragraph b that is applicable in respect of the property, they are deemed to be equal to the lesser of those amounts.

1973, c. 17, s. 52; 2007, c. 12, s. 63.

462. If, because of section 459, this section applies to a child of an individual in respect of a property transferred by the individual to the child, the following rules apply:

(a)  section 422 does not apply to the child in respect of the property;

(b)  subject to subparagraph e, if the property is a depreciable property of a prescribed class of the individual, land, a share of the capital stock of a family farm corporation of the individual, a share of the capital stock of a family fishing corporation of the individual, an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual, the child is deemed to have acquired the property at a cost equal to the individual’s proceeds of disposition of the property, as determined under paragraphs a and b of section 460 and section 461;

(c)  if the property was a depreciable property of a prescribed class of the individual and the capital cost of the property to the individual exceeds the capital cost of the property to the child, for the purposes of sections 93 to 104, 130 and 130.1 and regulations under section 130 or 130.1, the capital cost of the property to the child is deemed to be the amount that was the capital cost of the property to the individual immediately before the transfer and the excess is deemed to have been allowed to the child in respect of the property as depreciation in computing income for the taxation years that ended before the child acquired the property;

(d)  if the property was, immediately before the transfer, an incorporeal capital property of the individual in respect of a business and the child does not continue to carry on the business, the child is deemed to have acquired a capital property, immediately after the transfer, at a cost equal to the individual’s proceeds of disposition of the property, as determined under paragraphs a and b of section 460 and section 461; however, if the child continues to carry on the business, the child is deemed to have acquired the incorporeal capital property and have disbursed an incorporeal capital amount equal to the aggregate of

i.  the individual’s proceeds of disposition of the property, as determined under paragraphs a and b of section 460 and section 461, and

ii.  4/3 of the amount by which that proportion of the excess determined under subparagraph a of the second paragraph of section 107 in respect of the individual’s business immediately before the transfer that the fair market value of the property, immediately before the transfer, is of the fair market value at that time of the aggregate of the individual’s incorporeal capital property in respect of the business, exceeds the amount included under paragraph a of section 105 in computing the individual’s income as a result of the disposition; and

(e)  if the property was, immediately before the transfer, an interest in a family farm partnership of the individual or an interest in a family fishing partnership of the individual, other than an interest to which section 636 applies, and the individual receives no consideration in respect of the transfer of the property and makes the election referred to in paragraph c of section 460 in respect of the transfer of the property, the following rules apply:

i.  the child is deemed to have acquired the property at the time of the transfer at a cost equal to the cost of the interest to the individual immediately before the time of the transfer, and

ii.  each amount required by section 255 or 257 to be added or deducted in computing the adjusted cost base of the property to the individual, immediately before the transfer, is deemed to be an amount required by that section 255 or 257 to be added or deducted in computing at any time at or after the time of the transfer, the adjusted cost base of the property to the child.

For the purpose of determining, at any subsequent time, the eligible incorporeal capital amount of the child referred to in subparagraph d of the first paragraph in respect of the business the child continues to carry on, an amount equal to 3/4 of the amount determined under subparagraph ii of that subparagraph d is to be added to the aggregate otherwise determined under subparagraph i of subparagraph a of the second paragraph of section 107.

For the purpose of determining, after the time of the transfer, the amount deemed to be the child’s capital gain and the amount to be included in computing the child’s income, in respect of any disposition of the property, that proportion of the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 in respect of the business immediately before the time of the transfer that the fair market value of the property transferred immediately before that time is of the fair market value, immediately before that time, of the aggregate of the incorporeal capital property of the individual in respect of the business, is to be added to the amount otherwise determined under that subparagraph ii in respect of the business.

1973, c. 17, s. 52; 1979, c. 18, s. 38; 1990, c. 59, s. 174; 1994, c. 22, s. 184; 1996, c. 39, s. 128; 2003, c. 2, s. 125; 2005, c. 1, s. 109; 2007, c. 12, s. 63.

462.0.1. Where at any time a taxpayer disposes of an interest in the taxpayer’s NISA Fund No. 2, an amount equal to the balance in the fund so disposed of is deemed to have been paid out of the fund at that time to the taxpayer except that,

(a)  where the interest is disposed of to the taxpayer’s spouse, former spouse or an individual referred to in subparagraph d of the second paragraph of section 454, as it applies in respect of transfers of property that occurred before 1 January 1993, in settlement of rights arising out of their marriage, on or after the breakdown of the marriage, that amount is not deemed to have been paid to the taxpayer if

i.  the disposition is made under a decree, order or judgment of a competent tribunal or, in the case of a spouse or former spouse, under a written separation agreement, and

ii.  the taxpayer elects in the taxpayer’s fiscal return under this Part for the taxation year in which the property was disposed of to have this paragraph apply to the disposition;

(b)  where the interest is disposed of to a taxable Canadian corporation in a transaction in respect of which section 518 applies, an amount equal to the proceeds of disposition in respect of that interest is deemed to be paid, at that time, to the taxpayer out of the taxpayer’s NISA Fund No. 2.

1994, c. 22, s. 185; 1995, c. 49, s. 236; 1996, c. 39, s. 129; 1997, c. 3, s. 71; 1997, c. 85, s. 78.

462.0.2. Where at any time a taxpayer disposes of an interest in the taxpayer’s farm income stabilization account, an amount equal to the balance of the account so disposed of is deemed, subject to the second and third paragraphs, to have been paid out of that account at that time to the taxpayer.

The rule set out in the first paragraph does not apply where the interest in the taxpayer’s farm income stabilization account is disposed of by the taxpayer to the taxpayer’s spouse or former spouse, in settlement of rights arising out of their marriage, on or after the breakdown of the marriage, if

(a)  the disposition is made under an order or judgment of a competent tribunal or under a written separation agreement; and

(b)  the taxpayer elects in the taxpayer’s fiscal return under this Part for the taxation year in which the interest was disposed of to have this paragraph apply to the disposition.

Where at any time a taxpayer who is an individual disposes of an interest in the taxpayer’s farm income stabilization account to a taxable Canadian corporation in a transaction in respect of which section 518 applies, an amount equal to the proceeds of disposition in respect of that interest is deemed to be paid, at that time, to the taxpayer out of that account.

2004, c. 21, s. 82.

462.1. Where an individual has transferred or loaned property, otherwise than by partition of a retirement pension pursuant to sections 158.3 to 158.8 of the Act respecting the Québec Pension Plan (chapter R-9) or any comparable provision of a similar plan, within the meaning of that Act, or of a prescribed provincial pension plan, either directly or indirectly, by means of a trust or otherwise, to or for the benefit of a person who is, or who has since become, the spouse of the individual, any income or loss of that person for a taxation year from the property or from property substituted therefor, that relates to the period in the year throughout which the individual is resident in Canada and that person is his spouse, is deemed to be income or a loss of the individual for the year and not of that person.

1987, c. 67, s. 112; 1989, c. 77, s. 52; 1995, c. 1, s. 42.

462.2. If an individual has transferred or loaned a property, either directly or indirectly, by means of a trust or otherwise, to or for the benefit of a person who was under 18 years of age and who is not dealing with the individual at arm’s length or is the niece or nephew of the individual, other than an amount received in respect of that person because of the application of subsection 1 of section 122.61 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), section 4 of the Universal Child Care Benefit Act, enacted by section 168 of the Budget Implementation Act, 2006 (Statutes of Canada, 2006, chapter 4), or section 1029.8.61.18, any income or loss of that person for a taxation year from the property or from any property substituted for that property, that relates to the period in the year throughout which the individual is resident in Canada, is deemed to be income or a loss of the individual for the year and not of that person unless that person has reached 18 years of age before the end of the year.

1987, c. 67, s. 112; 1993, c. 64, s. 35; 1994, c. 22, s. 186; 2007, c. 12, s. 64.

462.3. For the purposes of sections 462.1 and 462.2, where, at any time, an individual has loaned or transferred property, either directly or indirectly, by means of a trust or otherwise, to or for the benefit of a person, and the loaned or transferred property or property substituted therefor is used to repay, in whole or in part, borrowed money with which other property was acquired, or to reduce an amount payable for other property, there shall be included in computing the income from the loaned or transferred property, or from any property substituted therefor, that is so used, the amount determined under section 462.4.

However, nothing in this section shall affect the application of sections 462.1 and 462.2 to any income or loss derived from the other property or from any property substituted therefor.

1987, c. 67, s. 112.

462.4. The amount referred to in section 462.3 is equal to that proportion of the income or loss, as the case may be, derived after that time from the other property or from any property substituted therefor that the fair market value at that time of the loaned or transferred property, or property substituted therefor, that is so used is of the cost to that person of the other property at the time of its acquisition.

1987, c. 67, s. 112.

462.5. Where an individual has loaned or transferred property, either directly or indirectly, by means of a trust or otherwise, to or for the benefit of a person hereinafter referred to as the “recipient” who is his spouse or who has since become his spouse, the following rules apply for the purposes of computing the income of the individual and the recipient for a taxation year:

(a)  the amount, if any, by which the aggregate of the recipient’s taxable capital gains for the year from dispositions of property, other than precious property, that is property so loaned or transferred or property substituted therefor occurring in the period throughout which the individual is resident in Canada and the recipient is his spouse exceeds the aggregate of the recipient’s allowable capital losses for the year from dispositions of such property occurring in such period, or the amount, if any, by which the aggregate of such losses exceeds, for the year, the aggregate of such gains, is deemed to be a taxable capital gain or an allowable capital loss, as the case may be, of the individual for the year from the disposition of property other than precious property;

(b)  the amount, if any, by which the amount that the aggregate of the recipient’s gains for the year from dispositions occurring in the period described in paragraph a of precious property that is property so loaned or transferred or property substituted therefor would be if the recipient had at no time owned other precious property exceeds the amount that the aggregate of the recipient’s losses for the year from dispositions of such property would be during that period if the recipient had at no time owned other precious property or the amount, if any, by which the aggregate of such losses so determined exceeds, for the year, the aggregate of such gains so determined is deemed to be a gain or a loss, as the case may be, of the individual for the year from the disposition of precious property;

(c)  any taxable capital gain or allowable capital loss or any gain or loss taken into account in computing an amount described in paragraph a or b is, except for the purposes of those paragraphs and to the extent that the amount so described is deemed by virtue of this section to be a taxable capital gain or an allowable capital loss or a gain or loss of the individual, deemed not to be a taxable capital gain or an allowable capital loss or a gain or loss, as the case may be, of the recipient.

1987, c. 67, s. 112.

462.6. Where an individual is deemed to have a taxable capital gain or an allowable capital loss for a taxation year under any of sections 457 and 458, as they read before their repeal for that year, 462.5, 463 and 467, such portion of the gain or loss as may reasonably be considered to relate to the disposition of a property by another person in the year is deemed, for the purposes of sections 28 and 727 to 737, as they apply for the purposes of Title VI.5 of Book IV, to arise from the disposition of that property by the individual in the year, and that property is deemed, for the purposes of that Title, to have been disposed of by the individual on the day on which it was disposed of by the other person.

1987, c. 67, s. 112; 1990, c. 59, s. 175; 1993, c. 16, s. 190; 1996, c. 39, s. 130.

462.6.1. Section 462.5 does not apply to a disposition of property made under subparagraph b of the first paragraph of section 785.2 at a particular time by a taxpayer who is a recipient referred to in section 462.5, unless the recipient and the individual referred to in section 462.5 make a valid election under subsection 3 of section 74.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the disposition.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 3 of section 74.2 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2004, c. 8, s. 97; 2009, c. 5, s. 155.

462.6.2. For the purposes of section 462.6.1 and notwithstanding sections 1010 to 1011, any assessment of tax payable under this Part by the recipient or the individual referred to in section 462.5 shall be made by the Minister as is necessary to give effect to an election referred to in the first paragraph of section 462.6.1, except that no such assessment shall affect the computation of

(a)  interest payable under this Part to or by a taxpayer in respect of any period that is before the taxpayer’s filing-due date for the taxation year that includes the first time, after the particular time referred to in the first paragraph of section 462.6.1, at which the recipient disposes of the property referred to in that paragraph; or

(b)  any penalty payable under this Part.

2004, c. 8, s. 97; 2009, c. 5, s. 156.

462.7. For the purposes of sections 462.8 to 462.24, “designated person”, in respect of an individual, means a person

(a)  who is the individual’s spouse; or

(b)  who is under 18 years of age and who does not deal with the individual at arm’s length, or is the niece or nephew of the individual.

1987, c. 67, s. 112.

462.8. The rules provided in sections 462.9 and 462.10 apply where an individual has loaned or transferred property, either directly or indirectly, by means of a trust or otherwise, to a trust in which another individual who is at any time a designated person in respect of the individual is beneficially interested at any time.

1987, c. 67, s. 112; 1994, c. 22, s. 187; 1996, c. 39, s. 273.

462.9. The income of the designated person referred to in section 462.8 for a taxation year from the property so loaned or transferred is deemed, for the purposes of sections 462.1 to 462.4, to be an amount equal to the lesser of

(a)  the amount in respect of the trust that was included by virtue of paragraph n of section 87 in computing the income for the year of the designated person, and

(b)  that proportion of the amount that would be the income of the trust for the year from the property or from any property substituted therefor if no deduction were made under paragraph a or b of section 657 or section 657.1 that

i.  the amount determined under paragraph a in respect of the designated person for the year, is of

ii.  the aggregate of all amounts each of which is an amount determined under paragraph a for the year in respect of the designated person or any other person who is throughout the year a designated person in respect of the individual.

1987, c. 67, s. 112.

462.10. The designated person referred to in section 462.8 is deemed, for the purposes of sections 462.5 and 462.6, to have derived a taxable capital gain for the year from the disposition of property other than precious property that is property so loaned or transferred for an amount equal to the lesser of

(a)  the amount that was designated under section 668 in respect of the designated person in the trust’s fiscal return for the year, and

(b)  the amount, if any, by which the aggregate of all taxable capital gains for the year exceeds the aggregate of all allowable capital losses for the year from the disposition by the trust of property that is so loaned or transferred or any property substituted therefor.

1987, c. 67, s. 112.

462.11. For the purposes of this section and of sections 462.12 to 462.14,

(a)  “excluded consideration”, at any time, means consideration received by an individual that is

i.  indebtedness,

ii.  a share of the capital stock of a corporation, or

iii.  a right to receive indebtedness or a share of the capital stock of a corporation;

(b)  “outstanding amount” of a transferred property or loan at a particular time means

i.  in the case of a transfer of property to a corporation, the amount, if any, by which the fair market value of the property at the time of the transfer exceeds the aggregate of the fair market value, at the time of the transfer, of the consideration, other than consideration that is excluded consideration at the particular time, received by the transferor for the property, and the fair market value, at the time of receipt, of any consideration, other than consideration that is excluded consideration at the particular time, received by the transferor at or before the particular time from the corporation or from a person with whom the transferor deals at arm’s length, in exchange for excluded consideration previously received by the transferor as consideration for the property or for excluded consideration substituted for such consideration;

ii.  in the case of a loan of money or property to a corporation, the amount, if any, by which the principal amount of the loan of money at the time the loan was made, or the fair market value of the property loaned at the time the loan was made, as the case may be, exceeds the fair market value, at the time the repayment is received by the lender, of any repayment of the loan, other than a repayment that is excluded consideration at the particular time.

1987, c. 67, s. 112; 1997, c. 3, s. 71; 1999, c. 83, s. 54.

462.12. Where an individual has transferred or loaned property, either directly or indirectly, by means of a trust or otherwise, to a corporation and one of the main purposes of the transfer or loan may reasonably be considered to be to reduce the income of the individual and to benefit, either directly or indirectly, by means of a trust or otherwise, a person who is a designated person in respect of the individual, the individual is deemed in computing his income for any taxation year to have received as interest in the year, an amount equal to the amount determined under section 462.13, where the taxation year includes a period after the loan or transfer throughout which

(a)  the individual was resident in Canada;

(b)  the corporation was not a small business corporation; and

(c)  the person is a designated person in respect of the individual and would have been a specified shareholder of the corporation, within the meaning of section 21.17 if the reference therein to “any other corporation that is related to the corporation” were read as a reference to “any other corporation, other than a small business corporation, that is related to the corporation” and if section 21.18 were read without reference to paragraphs a and d thereof.

1987, c. 67, s. 112; 1993, c. 16, s. 191; 1997, c. 3, s. 71.

462.12.1. For the purposes of section 462.12, one of the main purposes of a transfer or loan by an individual to a corporation is not considered to be to benefit, either directly or indirectly, a designated person in respect of the individual, where

(a)  the only interest that the designated person has in the corporation is a beneficial interest in shares of the corporation held by a trust;

(b)  by the terms of the trust, the designated person may not receive or otherwise obtain the use of any of the income or capital of the trust while he is a designated person in respect of the individual; and

(c)  the designated person has not received or otherwise obtained the use of any of the income or capital of the trust, and no deduction has been made by the trust in computing its income under paragraphs a and b of section 657 or section 657.1 in respect of amounts paid or payable to, or included in the income of, that person while he was a designated person in respect of the individual.

1989, c. 77, s. 53; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

462.13. The amount referred to in section 462.12 is equal to the amount, if any, by which the amount that would be interest on the outstanding amount of the loan or transferred property for such periods in the year as are contemplated in section 462.12 exceeds the amount determined under section 462.14 if the interest were computed thereon at the prescribed rate for such periods.

1987, c. 67, s. 112.

462.14. The amount to which section 462.13 refers is equal to the aggregate of the following amounts:

(a)  any interest received in the year by the individual in respect of the transfer or loan other than amounts deemed to have been received as interest under section 462.12;

(b)  the aggregate of all amounts included in computing the individual’s income for the year under sections 497 and 577 in relation to the taxable dividends received by the individual in the year, other than dividends deemed under Chapter III of Title IX to have been received on shares that were received from the corporation as consideration for the transfer or as repayment for the loan that were excluded consideration at the time the dividends were received, or on shares substituted therefor that were excluded consideration at that time;

(c)  where the designated person is a specified individual in relation to the year, the amount required to be included in computing the designated person’s income for the year in respect of all taxable dividends received by the designated person that can reasonably be considered to be part of the benefit sought to be conferred on the designated person under section 462.12 and are included in computing the designated person’s split income for any taxation year.

1987, c. 67, s. 112; 1990, c. 59, s. 176; 1997, c. 3, s. 71; 2001, c. 53, s. 70; 2009, c. 5, s. 157.

462.15. Notwithstanding any other provision of this Act, sections 462.1, 462.2, 462.5 and 462.6 do not apply to any income, gain or loss derived in a particular taxation year from transferred or loaned property, as the case may be, or from property substituted therefor if

(a)  at the time of the transfer the fair market value of the transferred property did not exceed the fair market value of the property received by the transferor as consideration for the transferred property;

(b)  where the consideration received by the transferor included indebtedness or in the case of a loan,

i.  interest was charged on the indebtedness or loan, as the case may be, at a rate equal to or greater than the lesser of the prescribed rate that was in effect at the time the indebtedness was incurred or the loan was made, and the rate that would, having regard to all the circumstances, have been agreed upon, at the time the indebtedness was incurred or the loan was made, between parties dealing with each other at arm’s length;

ii.  the amount of interest that was payable in respect of the particular year in respect of the indebtedness or loan was paid not later than 30 days after the end of the particular year;

iii.  the amount of interest that was payable in respect of each taxation year preceding the particular year in respect of the indebtedness or loan was paid not later than 30 days after the end of each such taxation year;

(c)  where the property was transferred to or for the benefit of the transferor’s spouse, the second paragraph of section 454 applies to the transfer.

1987, c. 67, s. 112; 1997, c. 85, s. 79; 2003, c. 2, s. 126.

462.16. Section 462.1 does not apply in respect of any income or loss from a property that is attributable to the period throughout which the persons referred to in that section lived separate and apart from each other because of a breakdown of their marriage, and sections 462.5 and 462.6 do not apply in respect of a disposition of property that occurs at any time while the persons referred to in those sections are living separate and apart from each other because of a breakdown of their marriage if the individual and the individual’s spouse make a valid election under paragraph b of subsection 3 of section 74.5 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the disposition.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph b of subsection 3 of section 74.5 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1987, c. 67, s. 112; 1993, c. 16, s. 192; 1996, c. 39, s. 131; 2009, c. 5, s. 158.

462.17. No amount shall be included in computing the income of an individual under sections 462.12 to 462.14 in respect of a designated person in respect of the individual who is the spouse of the individual for any period throughout which the individual is living separate and apart from the designated person by reason of a breakdown of their marriage.

1987, c. 67, s. 112.

462.18. For the purposes of sections 462.19 and 462.20, “specified person”, with respect to an individual, means

(a)  a designated person in respect of the individual; or

(b)  a corporation, other than a small business corporation, of which a designated person in respect of the individual would have been a specified shareholder, within the meaning of section 21.17, if section 21.18 were read without reference to paragraphs a and d thereof.

1987, c. 67, s. 112; 1997, c. 3, s. 71.

462.19. Where an individual has loaned or transferred property to another person and that property, or property substituted therefor, is loaned or transferred by a third person directly or indirectly to or for the benefit of a specified person with respect to the individual, or to another person on condition that the property be loaned or transferred by a third person directly or indirectly to or for the benefit of a specified person with respect to the individual, the following rules apply:

(a)  for the purposes of sections 462.1 to 462.14, the property loaned or transferred by the third person is deemed to have been loaned or transferred, as the case may be, by the individual to or for the benefit of the specified person;

(b)  for the purposes of section 462.15, the consideration received by the third person for the transfer of the property is deemed to have been received by the individual.

1987, c. 67, s. 112.

462.20. Where an individual is obligated, either absolutely or contingently, to effect any undertaking including any guarantee, covenant or agreement given to ensure the repayment, in whole or in part, of a loan made by a third person directly or indirectly to or for the benefit of a specified person with respect to the individual or the payment, in whole or in part, of any interest payable in respect of the loan, the following rules apply:

(a)  for the purposes of sections 462.1 to 462.14, the property loaned by the third person is deemed to have been loaned by the individual to or for the benefit of the specified person;

(b)  for the purposes of subparagraphs ii and iii of paragraph b of section 462.15, the amount of interest that is paid in respect of the loan is deemed not to include any amount paid by the individual to the third person as interest on the loan.

1987, c. 67, s. 112.

462.21. Where a taxpayer has loaned or transferred property, either directly or indirectly, by means of a trust or otherwise, to a trust in which another taxpayer is beneficially interested, the taxpayer is, for the purposes of sections 462.1 to 462.24, deemed to have loaned or transferred the property, as the case may be, to or for the benefit of the other taxpayer.

1987, c. 67, s. 112; 1994, c. 22, s. 188; 1996, c. 39, s. 273.

462.22. (Repealed).

1987, c. 67, s. 112; 1994, c. 22, s. 189.

462.23. Notwithstanding any other provision of this Act, sections 462.1 to 462.14 do not apply to a transfer or loan of property where it may reasonably be concluded that one of the main reasons for the transfer or loan, as the case may be, was to reduce the amount of tax that would, but for those sections, be payable under this Part on the income and gains derived from the property or from property substituted therefor.

1987, c. 67, s. 112.

462.24. Sections 462.1 to 462.10 do not apply in respect of a transfer by an individual of property

(a)  as a payment of a premium under a registered retirement savings plan under which the individual’s spouse is, immediately after the transfer, the annuitant, within the meaning of section 905.1, to the extent that the premium is deductible in computing the income of the individual for a taxation year;

(a.1)  as an amount contributed under a provincial pension plan prescribed for the purposes of paragraph v of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under which the individual’s spouse is, immediately after the transfer, the annuitant within the meaning of paragraph b of section 905.1 or the owner of the account under the plan, to the extent that the amount does not exceed the amount by which the amount prescribed for the purposes of subparagraph ii of paragraph v of section 60 of the said Act for the year in respect of the plan exceeds the aggregate of all other contributions to the plan for the year to the account of the spouse under the plan;

(a.2)  as a payment of a contribution under a registered disability savings plan;

(b)  as a payment to another individual who is his spouse or a person who was under 18 years of age in a taxation year and with whom the individual does not deal at arm’s length or who is the nephew or niece of the individual of an amount that is deductible by the individual in computing his income for the year and is required to be included in computing the income of the other individual;

(c)  to the individual’s spouse, while the property, or a property substituted for it, is held under a tax-free savings account of which the spouse is the holder, to the extent that the spouse does not, at the time of the contribution of the property under that account, have an excess TFSA amount, as defined in subsection 1 of section 207.01 of the Income Tax Act.

1987, c. 67, s. 112; 1989, c. 77, s. 54; 1991, c. 25, s. 76; 2009, c. 15, s. 86.

462.24.1. Sections 456 to 458, 462.1, 462.2, 462.8 to 462.10 and 467 do not apply to any amount that is included in computing a specified individual’s split income for a taxation year.

2001, c. 53, s. 71.

462.25. For the purposes of sections 316.1, 462.1 to 462.4 and 462.8 to 462.10, where an individual has transferred or loaned property, directly or indirectly, by means of a trust or by any other means, to a person and the property or property substituted therefor is an interest in a partnership, the person’s share of the amount of any income or loss of the partnership for a fiscal period in which the person was a specified member of the partnership is deemed to be income or loss, as the case may be, from the property or substituted property.

1990, c. 59, s. 177; 1997, c. 3, s. 71.

463. Where section 459 applies in respect of the transfer of property by a taxpayer to one of his children for an amount less than the fair market value of the property immediately before the transfer and where, in a taxation year during which he has not reached 18 years of age, the transferee disposes of the property, the following rules apply during the lifetime of the transferor while he is resident in Canada:

(a)  the amount, if any, by which the aggregate of the transferee’s taxable capital gains for the year from dispositions of property so transferred exceeds the aggregate of the transferee’s allowable capital losses from such dispositions or the amount, if any, by which the aggregate of such losses exceeds, in the year, the aggregate of such gains is deemed to be a taxable capital gain or an allowable capital loss, as the case may be, of the transferor for the year from dispositions of property;

(b)  any taxable capital gain or allowable capital loss taken into account in computing an amount described in paragraph a is, except for the purposes of that paragraph, to the extent that the amount so described is deemed by virtue of this section to be a taxable capital gain or an allowable capital loss of the transferor, deemed not to be a taxable capital gain or an allowable capital loss, as the case may be, of the transferee.

1974, c. 18, s. 21; 1975, c. 22, s. 105; 1987, c. 67, s. 113; 1993, c. 16, s. 193.

463.1. (Repealed).

1979, c. 18, s. 39; 1980, c. 13, s. 48; 1987, c. 67, s. 114.

464. (Repealed).

1972, c. 23, s. 375; 1980, c. 13, s. 49.

465. (Repealed).

1972, c. 23, s. 376; 1980, c. 13, s. 49.

466. (Repealed).

1972, c. 23, s. 377; 1975, c. 22, s. 106; 1987, c. 67, s. 115.

467. The income, loss, taxable capital gain or allowable capital loss from property transferred by a person, in this section referred to as the “transferor”, or substituted for such property is deemed to be that of the transferor during the existence of the transferor while the transferor is resident in Canada if the property or that for which it was substituted has been transferred to a trust created since 1934 and if either property meets any of the following conditions:

(a)  it may revert to the transferor;

(b)  it may pass to persons to be determined by the transferor at a time subsequent to the creation of the trust; and

(c)  it may not be disposed of during the existence of the transferor without the transferor’s consent.

1972, c. 23, s. 378; 2001, c. 7, s. 47; 2003, c. 2, s. 127.

467.1. Section 467 does not apply to property held in a taxation year

(a)  by a trust governed by a retirement compensation arrangement, a registered retirement income fund, a deferred profit sharing plan, a registered pension plan, an employee benefit plan, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered retirement savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account;

(b)  by an employee trust, a segregated fund trust within the meaning of subparagraph k of the first paragraph of section 835, a trust referred to in subparagraph a.1 of the third paragraph of section 647 or a trust referred to in paragraph m of section 998;

(c)  by a trust that is not resident in Canada, is resident in a country under the laws of which an income tax is imposed, is exempt under the laws of the country in which it is resident from the payment of income tax to the government of that country, and was established principally in connection with, or the principal purpose of which is to administer or provide benefits under, one or more superannuation, pension or retirement funds or plans or any funds or plans established to provide employee benefits;

(c.1)  by an environmental trust; or

(d)  by a prescribed trust.

1986, c. 19, s. 108; 1991, c. 25, s. 77; 1996, c. 39, s. 132; 2000, c. 5, s. 103; 2003, c. 2, s. 128; 2009, c. 15, s. 87; 2010, c. 25, s. 31.

467.2. If an amount paid to acquire a qualifying trust annuity with respect to a taxpayer is deductible under paragraph f of section 339 in computing the taxpayer’s income, the following rules apply:

(a)  any amount that is paid out of or under the annuity at a particular time after 31 December 2005 and before the death of the taxpayer is deemed to have been received out of or under the annuity at the particular time by the taxpayer, and not to have been received by another taxpayer; and

(b)  if the taxpayer dies after 31 December 2005,

i.  the taxpayer is deemed to have received, immediately before the taxpayer’s death, an amount out of or under the annuity equal to the fair market value of the annuity at the time of the taxpayer’s death, and

ii.  for the purposes of section 436, the annuity is to be disregarded in determining the fair market value (immediately before the taxpayer’s death) of the taxpayer’s interest in the trust that is the annuitant under the annuity.

2009, c. 15, s. 88.

468. (Repealed).

1972, c. 23, s. 379; 1982, c. 5, s. 111.

CHAPTER V CONSIDERATION FOR EXPROPRIATED PROPERTY

1973, c. 17, s. 53.

DIVISION I GENERAL RULES

1973, c. 17, s. 53.

469. The rules provided in this chapter apply where a taxpayer acquires any bond, debenture, hypothecary claim, mortgage, bill or similar obligation hereinafter called “indemnity” issued by the government of a foreign country or by a person resident in a foreign country and guaranteed by the government of such country:

(a)  as compensation for shares that the taxpayer owned in a foreign affiliate that carried on business in that country or for all or substantially all the property used by the taxpayer in carrying on business in that country if such shares or property, hereinafter called “foreign property”, were taken from such taxpayer after 18 June 1971 under the authority of a law of that country; or

(b)  as consideration for the sale of such foreign property after that date under the authority of such a law or after notice or other manifestation of an intention to take possession of such a property.

1973, c. 17, s. 53; 1996, c. 39, s. 133; 2005, c. 1, s. 110.

470. In the case provided for in section 469, if the acquisition is made by a taxpayer resident in Canada and the taxpayer makes a valid election under subsection 1 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all indemnities acquired by the taxpayer, an amount, in respect of each indemnity, equal to its principal amount or, if, in accordance with paragraph d of that subsection 1, the taxpayer has designated in the election an amount in respect of the indemnity that is less than the principal amount, equal to that lesser amount, is deemed to be the cost to the taxpayer of the indemnity and, for the purpose of computing the proceeds of disposition of the foreign property, the amount received by the taxpayer because of the acquisition of the indemnity.

However, if the amount designated by the taxpayer in the election referred to in the first paragraph in respect of an indemnity is less than the principal amount of the indemnity and, but for this paragraph, the proceeds of disposition of the foreign property, computed with reference to the first paragraph, would be less than the cost amount to the taxpayer of the foreign property immediately before it was taken or sold, that cost amount is, for the purposes of the first paragraph, to be increased by the taxpayer on or before the taxpayer’s filing-due date for the taxation year in which the taxpayer acquired the indemnity or, if the taxpayer does not do so, by the Minister, so that the proceeds of disposition of the foreign property, computed with reference to the first paragraph, are equal to the cost amount to the taxpayer of the foreign property immediately before it was taken or sold.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 80.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1973, c. 17, s. 53; 2009, c. 5, s. 159.

471. If a taxpayer makes a valid election under subsection 2 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all amounts received or to be received by the taxpayer as interest on the indemnities the taxpayer acquires, the following rules apply in respect of each indemnity:

(a)  in computing the taxpayer’s income for the year from the indemnity, in respect of each interest amount that the taxpayer receives in the year, the taxpayer may deduct the lesser of that amount and the aggregate of the amount to be added under subparagraph b in computing the adjusted cost base to the taxpayer of the indemnity and the greater, immediately before the interest amount was received, of the adjusted cost base to the taxpayer of the indemnity and its adjusted principal amount to the taxpayer, and the taxpayer shall include, in respect of each amount the taxpayer receives in the year as the principal amount of the indemnity or as proceeds of disposition of the indemnity, the amount by which the amount the taxpayer so receives exceeds the greater, immediately before receiving that amount, of the adjusted cost base to the taxpayer of the indemnity and its adjusted principal amount to the taxpayer;

(b)  in computing, at a particular time, the adjusted cost base to the taxpayer of the indemnity, in respect of each interest amount received by the taxpayer before that time, the taxpayer shall add an amount equal to the lesser of the income or profit tax paid by the taxpayer in that respect to the government of a foreign country and the proportion of that tax that the adjusted cost base to the taxpayer of the indemnity, immediately before the taxpayer received the amount, is of the amount by which the amount exceeds that tax, and shall deduct each interest amount the taxpayer received before that time in respect of that indemnity and each amount the taxpayer received before that time as the principal amount of that indemnity;

(c)  the amount received by the taxpayer as the principal amount of the indemnity is deemed not to be the proceeds of a partial disposition of the indemnity; and

(d)  for the purposes of sections 772.2 to 772.13, despite the definition assigned to “non-business-income tax” in section 772.2, the non-business-income tax paid by the taxpayer does not include the amount that is required under subparagraph b to be added in computing the adjusted cost base to the taxpayer of the indemnity.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2 of section 80.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1973, c. 17, s. 53; 1995, c. 63, s. 38; 2009, c. 5, s. 159.

472. In this chapter, the adjusted principal amount for a taxpayer of an indemnity at any particular time is the excess of the aggregate of its principal amount and, with respect to each interest amount received by him before that time, the lesser of the tax referred to in subparagraph b of the first paragraph of section 471 and the proportion of that tax determined in that subparagraph, over the aggregate of each amount received by the taxpayer before that time as interest on the indemnity and as principal amount of this indemnity.

1973, c. 17, s. 53; 2009, c. 5, s. 160.

473. For the purposes of the first paragraph of section 471, if an interest amount and a capital amount on an indemnity are received by a taxpayer at the same time, the interest amount is deemed to have been received immediately before the other amount.

1973, c. 17, s. 53; 2009, c. 5, s. 161.

474. In this chapter, the adjusted principal amount of an indemnity or of a property deemed to be an indemnity must be computed in the currency in which the principal amount is payable, under the terms thereof, except that, for the purposes of subparagraph a of the first paragraph of section 471, the adjusted principal amount must be computed in Canadian currency.

1973, c. 17, s. 53; 2009, c. 5, s. 162.

475. For the purposes of Title IV and the first paragraph of section 471, and in applying sections 472 and 474 for those purposes, if two or more indemnities described in section 469 have been issued at the same time in respect of the same foreign property and acquired by a taxpayer who makes a valid election under subsection 9 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all such indemnities, the latter are deemed to constitute a single indemnity so issued and acquired.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 9 of section 80.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1973, c. 17, s. 53; 2009, c. 5, s. 163.

DIVISION II SPECIAL RULES FOR FOREIGN AFFILIATES

1973, c. 17, s. 53.

476. This division applies where the foreign affiliate of a taxpayer resident in Canada would be authorized to make an election referred to in the first paragraph of section 470 with respect to properties acquired by it that would on that assumption be indemnities for it if the foreign affiliate were resident in Canada and its only foreign affiliates were foreign affiliates of the taxpayer and if all or part of such properties are subsequently acquired by the taxpayer from the affiliate.

1973, c. 17, s. 53; 2009, c. 5, s. 164.

477. If the property described in section 476 is acquired as a dividend payable in kind or as a benefit that the taxpayer should include in computing the taxpayer’s income under section 111, and the taxpayer makes, after 19 December 2006, a valid election under the portion of subsection 4 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) before paragraph a in respect of all such property, the following rules apply in respect of each such property:

(a)  an amount equal to the principal amount of the property or, if, in accordance with subparagraph ii of paragraph a of subsection 4 of section 80.1 of the Income Tax Act, the taxpayer has designated in the election an amount in respect of the property that is less than the principal amount, equal to that lesser amount, is deemed to be, despite section 304, the cost to the taxpayer of the property and the amount of the dividend or benefit received by the taxpayer because of the acquisition of the property;

(b)  if the property is so acquired as such a benefit and, in accordance with paragraph b of subsection 4 of section 80.1 of the Income Tax Act, the taxpayer has designated in that election a class of shares of the capital stock of the taxpayer’s affiliate in respect of the property, the amount of the benefit is deemed to have been received by the taxpayer as a dividend from the taxpayer’s affiliate on that class and not as an amount the taxpayer is required to include in computing the taxpayer’s income under section 111;

(c)  in computing his taxable income for the taxation year in which he acquired the property, the taxpayer may deduct the excess of the amount received by him as a dividend by reason of such acquisition over the aggregate of the amounts deductible for the year in respect of such dividend under sections 580 to 584 and 746 to 749 in computing his income or taxable income, as the case may be;

(d)  in computing the adjusted cost base to the taxpayer of each share of the class of shares of the capital stock of his foreign affiliate in respect of which an amount was received by him as a dividend by the acquisition of the property, the taxpayer shall deduct an amount equal to the quotient obtained by dividing the amount deducted by him under subparagraph c in respect of such dividend, by the number of shares of that class owned by the taxpayer immediately before that amount was received by him;

(e)  a capital loss of the taxpayer pursuant to the disposition, after the time the property was acquired by the taxpayer, of a share of the capital stock of his foreign affiliate is deemed nil; and

(f)  if the taxpayer makes a valid election under paragraph f of subsection 4 of section 80.1 of the Income Tax Act after 19 December 2006 in respect of the property, the first paragraph of section 471 applies as if the property were an indemnity acquired by the taxpayer for foreign property taken by a government or person referred to in section 469.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4 of section 80.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1973, c. 17, s. 53; 1975, c. 22, s. 107; 1978, c. 26, s. 80; 2009, c. 5, s. 165.

478. If the property described in section 476 is acquired as consideration for the settlement or extinction of a debt that is payable to the taxpayer by the taxpayer’s foreign affiliate and that is represented by a capital property, or for the settlement or extinction of any other obligation, so represented, of the affiliate to pay an amount to the taxpayer, and the taxpayer makes a valid election under subsection 5 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all such property, the following rules apply in respect of each such property:

(a)  subparagraph a of the first paragraph of section 477 applies by replacing “the amount of the dividend or benefit received by the taxpayer” by “the proceeds of disposition, for the taxpayer, of the debt or the settled or extinct obligation”;

(b)  if, in accordance with paragraph b of subsection 5 of section 80.1 of the Income Tax Act, the taxpayer has designated in that election a class of shares of the capital stock of the taxpayer’s foreign affiliate in respect of the property, the amount by which the cost to the taxpayer of the property, computed with reference to subparagraph a, exceeds the amount of the debt or obligation settled or extinct because of the acquisition of the property is deemed to have been received by the taxpayer as a dividend from the taxpayer’s affiliate in respect of that class of shares and the capital gain realized by the taxpayer from the disposition of the debt or of the obligation is deemed to be nil;

(c)  a capital loss of the taxpayer from the disposition of the debt or of the obligation is deemed to be nil; and

(d)  subparagraphs c to f of the first paragraph of section 477 apply to the property.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 5 of section 80.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1973, c. 17, s. 53; 2009, c. 5, s. 166.

479. If the property described in section 476 is acquired as a consequence of the winding-up, discontinuance or reorganization of the business of the foreign affiliate or as consideration for the redemption, cancellation or acquisition by the affiliate of shares of its capital stock, and the taxpayer makes a valid election under subsection 6 of section 80.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all property so acquired, section 470 applies in respect of each such property as if such property were an indemnity acquired by the taxpayer as consideration for the sale of the foreign property that consisted of shares of the capital stock of the taxpayer’s foreign affiliate immediately before the acquisition and that was sold to a government or person referred to in section 469.

Similarly, if the taxpayer makes a valid election under subsection 6 of section 80.1 of the Income Tax Act after 19 December 2006 in respect of all amounts received or to be received by the taxpayer as interest on all property so acquired from the taxpayer’s affiliate, section 471 applies in respect of each such amount as if the property were such an indemnity.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 80.1 of the Income Tax Act or in relation to an election made under the first or second paragraph before 20 December 2006.

1973, c. 17, s. 53; 2009, c. 5, s. 166.

CHAPTER VI SPECIAL RULES

1972, c. 23; 1996, c. 39, s. 134.

DIVISION I OUTSTANDING DEBTS

1996, c. 39, s. 135.

480. (Repealed).

1972, c. 23, s. 380; 1996, c. 39, s. 136.

481. (1)  The following rules apply where a debt in respect of a deductible expense of a taxpayer to a person with whom he was not dealing at arm’s length when the debt was incurred and at the end of the second taxation year following that in which the debt was incurred, is unpaid in whole or in part at the end of such second taxation year:

(a)  the unpaid amount must be included in computing the taxpayer’s income for the third taxation year following that in which the debt was incurred; or

(b)  where the taxpayer and that person file an agreement in prescribed form on or before the taxpayer’s filing-due date for that third year,

i.  the unpaid amount is deemed to have been paid by the taxpayer and received by that person on the first day of that third taxation year and section 1015 is applicable to the extent that it would apply if such amount were actually paid; and

ii.  that person is deemed to have made a loan to the taxpayer on the first day of that third taxation year, equal to the unpaid amount minus the amount deducted or withheld therefrom by the taxpayer on account of the tax payable by that person for that third taxation year.

(2)  However, where the taxpayer is a corporation, the amount is unpaid upon the winding-up of such corporation and the latter is wound up before the end of the second taxation year following the year in which the debt was incurred, the amount so unpaid must be included in computing the corporation’s income for the taxation year in which it is wound up.

1972, c. 23, s. 381; 1973, c. 17, s. 54; 1997, c. 3, s. 71; 1997, c. 14, s. 78; 1997, c. 31, s. 49.

482. Where an amount in respect of a taxpayer’s expense that is a pension benefit, a retiring allowance, salary, wages or other remuneration in respect of an office or employment is unpaid on the day that is 180 days after the end of the taxation year in which the expense was incurred, for the purposes of this Part other than this section, the amount is deemed not to have been incurred as an expense in the year and is deemed to be incurred as an expense in the taxation year in which the amount is paid.

The first paragraph does not apply in respect of reasonable vacation or holiday pay or of a deferred amount under a salary deferral arrangement.

1972, c. 23, s. 382; 1988, c. 18, s. 47; 1993, c. 16, s. 194.

483. For the purposes of section 481 where the agreement contemplated in paragraph b of subsection 1 of the said section is filed after the time limit fixed therein, paragraphs a and b of subsection 1 of the said section both apply in respect of the unpaid amount except that only 25% of the amount unpaid must be included in computing the taxpayer’s income for the purposes of paragraph a of subsection 1 of the said section.

1972, c. 23, s. 383; 1988, c. 18, s. 47.

483.1. Subsection 1 of section 481 does not apply to any case to which section 482 applies.

1988, c. 18, s. 47.

DIVISION I.1 TRANSFER OF ASSUMPTION OF AN OBLIGATION IN RELATION TO A BUSINESS CARRIED ON IN CANADA

2004, c. 8, s. 98.

483.2. Where, at any time, an obligation of a taxpayer not resident in Canada that is denominated in a foreign currency, other than an obligation in respect of which the taxpayer ceased to be indebted at that time, ceases to be an obligation of the taxpayer in respect of a business or part of a business carried on by the taxpayer in Canada immediately before that time, for the purpose of determining the amount of any income, loss, capital gain or capital loss due to the fluctuation in the value of the foreign currency relative to Canadian currency, the taxpayer is deemed to have settled the obligation immediately before that time at the amount outstanding on account of its principal amount.

2004, c. 8, s. 98.

483.3. Where, at any time, an obligation of a taxpayer not resident in Canada that is denominated in a foreign currency, other than an obligation in respect of which the taxpayer became indebted at that time, becomes an obligation of the taxpayer in respect of a business or part of a business that the taxpayer carries on in Canada immediately after that time, the amount of any income, loss, capital gain or capital loss in respect of the obligation due to the fluctuation in the value of the foreign currency relative to Canadian currency shall be determined based on the amount of the obligation in Canadian currency at that time.

2004, c. 8, s. 98.

DIVISION II SURRENDER OF PROPERTY

1996, c. 39, s. 137.

§ 1 . — Interpretation

1996, c. 39, s. 137.

484. In this division,

“creditor” of a particular person includes a person to whom the particular person is obligated to pay an amount under a hypothecary claim, mortgage or similar obligation and, where property was sold to the particular person under a conditional sales agreement, the seller of the property, or any assignee of the obligation with respect to the agreement;

“debt” includes an obligation to pay an amount under a hypothecary claim, mortgage or similar obligation or under a conditional sales agreement;

“person” includes a partnership;

“property” does not include any sum of money, or debt owed by or guaranteed by the government of a country, or a province, state, or other political subdivision of that country;

“specified amount” at any time of a debt owed or assumed by a person means the unpaid principal amount of the debt at that time and unpaid interest accrued to that time on the debt.

1972, c. 23, s. 384; 1984, c. 15, s. 103; 1993, c. 16, s. 195; 1996, c. 39, s. 138; 1997, c. 3, s. 71; 2005, c. 1, s. 111.

§ 2 . — Rules applicable to debtors

1996, c. 39, s. 139.

484.1. For the purposes of this subdivision, a property is surrendered at any time by a person to another person where the beneficial ownership of the property is acquired or reacquired at that time from the person by the other person and the acquisition or reacquisition of the property was in consequence of the person’s failure to pay all or part of one or more specified amounts of a debt owed by the person to the other person immediately before that time.

1996, c. 39, s. 139.

484.2. Where a particular property is surrendered at any time by a person, in this section referred to as the “debtor”, to a creditor of the debtor, the debtor’s proceeds of disposition of the particular property is deemed to be the amount determined by the formula

(A + B + C + D + E − F) × G / H.

For the purposes of the formula in the first paragraph,

(a)  A is the aggregate of all specified amounts of debts of the debtor that are in respect of properties surrendered at that time by the debtor to the creditor and that are owing immediately before that time to the creditor;

(b)  B is the aggregate of all amounts each of which is a specified amount of a debt that is owed by the debtor immediately before that time to a person, other than the creditor, to the extent that the amount ceases to be owing by the debtor as a consequence of properties being surrendered at that time by the debtor to the creditor;

(c)  C is the aggregate of all amounts each of which is a specified amount of a particular debt that is owed by the debtor immediately before that time to a person, other than a specified amount included in the amount determined under subparagraph a or b as a consequence of properties being surrendered at that time by the debtor to the creditor, where

i.  any property surrendered at that time by the debtor to the creditor was security for

(1)  the particular debt, and

(2)  another debt that is owed by the debtor immediately before that time to the creditor, and

ii.  the other debt is subordinate to the particular debt in respect of the property referred to in subparagraph i;

(d)  D is

i.  where a specified amount of a debt owed by the debtor immediately before that time to a person, other than the creditor, ceases, as a consequence of the surrender at that time of properties by the debtor to the creditor, to be secured by all properties owned by the debtor immediately before that time, the lesser of

(1)  the amount by which the aggregate of all amounts each of which is such a specified amount exceeds the portion of that aggregate included in any amount determined under subparagraph b or c as a consequence of properties being surrendered at that time by the debtor to the creditor, and

(2)  the amount by which the total cost amount to the debtor of all properties surrendered at that time by the debtor to the creditor exceeds the amount that would, but for this subparagraph and subparagraph f, be determined under this section as a consequence of the surrender, and

ii.  in any other case, nil;

(e)  E is

i.  where the property is surrendered at that time by the debtor in circumstances in which paragraph c of section 422 would, but for this section, apply and the fair market value of all properties surrendered at that time by the debtor to the creditor exceeds the amount that would, but for this subparagraph and subparagraph f, be determined under this section as a consequence of the surrender, that excess, and

ii.  in any other case, nil;

(f)  F is the aggregate of all amounts each of which is the lesser of

i.  the portion of a particular specified amount of a particular debt included in the amount determined under any of subparagraphs a to d in computing the debtor’s proceeds of disposition of the particular property, and

ii.  the aggregate of

(1)  all amounts included under section 37 or 111 in computing the income of any person because the particular debt was settled, or deemed by section 485.25 to have been settled, at or before the end of the taxation year that includes that time,

(2)  all amounts renounced under section 381, 406, 417 or 418.13, as it read in respect of the renunciation, by the debtor in respect of the particular debt,

(3)  all amounts each of which is a forgiven amount, within the meaning assigned by section 485, in respect of the debt at a previous time that the particular debt was deemed by section 485.25 to have been settled,

(4)  where the particular debt is an excluded obligation, within the meaning assigned by section 485, the particular specified amount, and

(5)  the amount described in the third paragraph;

(g)  G is the fair market value at that time of the particular property; and

(h)  H is the fair market value at that time of all properties surrendered by the debtor to the creditor at that time.

The amount to which subparagraph 5 of subparagraph ii of subparagraph f of the second paragraph refers is the lesser of

(a)  the unpaid interest accrued to that time on the particular debt; and

(b)  the aggregate of

i.  the amount by which the aggregate of all amounts included because of sections 487.1 to 487.5.4 in computing the debtor’s income for the taxation year that includes that time or for a preceding taxation year in respect of interest on the particular debt exceeds the aggregate of all amounts paid before that time on account of interest on the particular debt, and

ii.  such portion of that unpaid interest as would, if it were paid, be included in the amount determined under subparagraph a of the third paragraph of section 194 in respect of the debtor.

1996, c. 39, s. 139; 1998, c. 16, s. 251.

484.3. An amount paid at any time by a person as, on account or in lieu of payment of, or in satisfaction of, a specified amount of a debt that can reasonably be considered to have been included in the amount determined under subparagraph a, c or d of the second paragraph of section 484.2 in respect of a property surrendered before that time by the person is deemed to be a repayment of assistance, at that time in respect of the property, to which

(a)  section 264.7 applies, where the property was capital property, other than depreciable property, of the person immediately before its surrender;

(b)  paragraph o.1 of section 157 applies, where the cost of the property to the person was an incorporeal capital amount;

(c)  paragraph e of section 398 or paragraph d of section 411 or 418.5, as the case may be, applies, where the cost of the property to the person was a Canadian exploration expense, a Canadian development expense or a Canadian oil and gas property expense; or

(d)  paragraph o of section 157 applies, in any other case.

1996, c. 39, s. 139; 1998, c. 16, s. 167; 2005, c. 1, s. 112.

484.4. Any amount included under section 37 or 111 in computing a person’s income for a taxation year that can reasonably be considered to have been included in the amount determined under subparagraph a, c or d of the second paragraph of section 484.2 as a consequence of a property being surrendered before the year by the person is deemed to be a repayment by the person, immediately before the end of the year, of assistance to which section 484.3 applies.

1996, c. 39, s. 139.

484.5. Where a specified amount of a debt is included in the amount determined at any time under any of subparagraphs a to d of the second paragraph of section 484.2 in respect of a property surrendered at that time by a person to a creditor of the person, for the purpose of computing the person’s income, no amount shall be considered to have been paid or repaid by the person as a consequence of the acquisition or reacquisition of the surrendered property by the creditor.

1996, c. 39, s. 139.

484.6. Where a debt is denominated in a foreign currency, any amount determined under any of subparagraphs a to d of the second paragraph of section 484.2 in respect of the debt shall be determined with reference to the relative value of that currency and Canadian currency at the time the debt was issued.

1996, c. 39, s. 139.

§ 3 . — Rules applicable to creditors

1996, c. 39, s. 139.

484.7. For the purposes of this subdivision, “specified cost” to a person of a debt owing to the person means

(a)  where the debt is capital property of the person, the adjusted cost base to the person of the capital property; and

(b)  in any other case, the amount by which the cost amount to the person of the debt exceeds such portion of that cost amount as would be deductible in computing the person’s income, otherwise than in respect of the principal amount of the debt, if the debt were established by the person to have become a bad debt.

1996, c. 39, s. 139.

484.8. For the purposes of this subdivision and subject to section 484.8.1, a property is seized at any time by a person in respect of a debt where the beneficial ownership of the property is acquired or reacquired at that time by the person and the acquisition or reacquisition of the property was in consequence of another person’s failure to pay to the person all or part of the specified amount of the debt.

1996, c. 39, s. 139; 2004, c. 8, s. 99.

484.8.1. For the purposes of this subdivision, foreign resource property of an individual, a corporation or a partnership is deemed not to be seized at any time, where the individual, the corporation or at least one of the members of the partnership, as the case may be, is not resident in Canada at that time.

2004, c. 8, s. 100.

484.9. Where a property is seized at any time in a particular taxation year by a creditor in respect of a debt, for the purpose of computing the income of the creditor for the particular year,

(a)  the amount deducted by the creditor on account of a reserve under subparagraph b of the first paragraph of section 234 or under subparagraph a of the first paragraph of section 279 for the preceding taxation year in respect of a disposition of the property before the particular year is deemed to be equal to the amount by which the amount so deducted exceeds the aggregate of all amounts determined under subparagraphs a and b of the first paragraph of section 484.11 in respect of the seizure; and

(b)  the amount deducted under section 153 in computing the income of the creditor for the preceding taxation year in respect of any disposition of the property before the particular year is deemed to be the amount by which the amount so deducted exceeds the aggregate of all amounts determined under subparagraphs a and b of the first paragraph of section 484.11 in respect of the seizure.

1996, c. 39, s. 139; 2009, c. 5, s. 167; 2010, c. 5, s. 46.

484.10. Where a property is seized at any time in a taxation year by a creditor in respect of one or more debts and the property was capital property of the creditor that was disposed of by the creditor at a previous time in the year, the proceeds of disposition of the property to the creditor at the previous time are deemed to be the lesser of the amount of the proceeds, determined without reference to this section, and the amount that is the greater of

(a)  the amount by which the amount of such proceeds, determined without reference to this section, exceeds such portion of the proceeds as is represented by the specified amounts of those debts immediately before that time; and

(b)  the cost amount to the creditor of the property immediately before the previous time.

1996, c. 39, s. 139.

484.11. Where a particular property is seized at any time in a taxation year by a creditor in respect of one or more debts, the cost to the creditor of the particular property is deemed to be the amount by which the aggregate of the following amounts exceeds the amount described in the second paragraph:

(a)  that proportion of the total specified costs immediately before that time to the creditor of those debts that the fair market value of the particular property immediately before that time is of the fair market value of all properties immediately before that time that were seized by the creditor at that time in respect of those debts; and

(b)  all amounts each of which is an outlay or expense made or incurred, or a specified amount at that time of a debt that is assumed, by the creditor at or before that time to protect the creditor’s interest in the particular property, except to the extent the outlay, expense or specified amount, as the case may be,

i.  was included in the cost to the creditor of property other than the particular property,

ii.  was included before that time in computing, for the purposes of this Part, any balance of undeducted outlays, expenses or other amounts of the creditor, or

iii.  was deductible in computing the creditor’s income for the year or a preceding taxation year.

The amount to which the first paragraph refers is the amount deducted or claimed as a deduction under section 153, subparagraph b of the first paragraph of section 234 or subparagraph a of the first paragraph of section 279, as the case may be, in respect of the particular property in computing the creditor’s income or capital gain for the preceding taxation year or the amount by which the proceeds of disposition of the creditor of the particular property are reduced because of section 484.10 in respect of a disposition of the particular property by the creditor occurring before that time and in the year.

1996, c. 39, s. 139; 2009, c. 5, s. 168.

484.12. Where a property is seized at any time in a taxation year by a creditor in respect of a particular debt,

(a)  the creditor is deemed to have disposed of the particular debt at that time;

(b)  the amount received as consideration for the particular debt as a consequence of the seizure is deemed to be received at that time and to be equal to

i.  where the particular debt is capital property, the adjusted cost base to the creditor of the particular debt, and

ii.  in any other case, the cost amount to the creditor of the particular debt;

(c)  where any portion of the particular debt is outstanding immediately after that time, the creditor is deemed to have reacquired that portion immediately after that time at a cost equal to

i.  where the particular debt is capital property, zero, and

ii.  in any other case, the amount by which the cost amount to the creditor of the particular debt exceeds the specified cost to the creditor of the particular debt; and

(d)  where no portion of the particular debt is outstanding immediately after that time and the particular debt is not capital property, the creditor may deduct as a bad debt in computing the creditor’s income for the year the amount described in subparagraph ii of paragraph c in respect of the seizure.

1996, c. 39, s. 139.

484.13. Where a property is seized at any time in a taxation year by a creditor in respect of a debt, no amount in respect of the debt

(a)  is deductible in computing the creditor’s income for the year or a subsequent taxation year as a bad, doubtful or impaired debt; or

(b)  shall be included after that time in computing, for the purposes of this Part, any balance of undeducted outlays, expenses or other amounts of the creditor as a bad, doubtful or impaired debt.

1996, c. 39, s. 139; 2001, c. 7, s. 48; 2001, c. 53, s. 72.

DIVISION III DEBT FORGIVENESS

1996, c. 39, s. 139.

§ 1 . — Interpretation and miscellaneous provisions

1996, c. 39, s. 139.

485. In this division,

“commercial debt obligation” means a debt obligation issued by a debtor and, where interest was paid or payable by the debtor in respect of it pursuant to a legal obligation, or if interest had been paid or payable by the debtor in respect of it pursuant to a legal obligation, in respect of which an amount in respect of the interest was or would have been deductible in computing the debtor’s income, taxable income or taxable income earned in Canada, as the case may be, if this Part were read without reference to sections 119.4, 119.17, 135.4, 164, 166, 169 and 180 to 182;

“commercial obligation” issued by a debtor means a commercial debt obligation issued by the debtor, or a distress preferred share issued by the debtor;

“debtor” includes any corporation that has issued a distress preferred share and any partnership;

“directed person” at any time in respect of a debtor means

(a)  a taxable Canadian corporation or an eligible Canadian partnership by which the debtor is controlled at that time; or

(b)  a taxable Canadian corporation or an eligible Canadian partnership that is controlled at that time by

i.  the debtor,

ii.  the debtor and one or more persons related to the debtor, or

iii.  a person or group of persons by which the debtor is controlled at that time;

“distress preferred share” at any time means a share issued after 21 February 1994, other than a share issued pursuant to an agreement in writing entered into on or before that date, by a corporation that is a share described in section 21.6.1 that would, but for paragraphs c and e of section 21.6, be a term preferred share at that time;

“eligible Canadian partnership” at any time means a Canadian partnership none of the members of which is, at that time,

(a)  an investment corporation owned by persons not resident in Canada;

(b)  a person exempt, pursuant to Book VIII, from tax under this Part on all or part of the person’s taxable income;

(c)  a partnership, other than an eligible Canadian partnership; or

(d)  a trust, other than a trust in which no person not resident in Canada and no person described in any of paragraphs a to c is beneficially interested;

“eligible transferee” of a debtor at any time is a directed person at that time in respect of the debtor or a taxable Canadian corporation or eligible Canadian partnership related, otherwise than because of a right referred to in paragraph b of section 20, at that time to the debtor;

“excluded obligation” means an obligation issued by a debtor where

(a)  the amount for which the obligation was issued

i.  were included in computing the debtor’s income or, but for the expression “, other than a prescribed amount,” in paragraph w of section 87, would have been so included,

ii.  were deducted in computing, for the purposes of this Part, any balance of undeducted outlays, expenses or other amounts, or

iii.  were deducted in computing the capital cost or cost amount to the debtor of any property of the debtor;

(b)  an amount paid by the debtor in satisfaction of the entire principal amount of the obligation is included in the amount determined under subparagraph a of the third paragraph of section 194 or section 198 in respect of the debtor;

(c)  sections 481 to 483.1 apply to the obligation;

(d)  the principal amount of the obligation would, if this Act were read without reference to sections 484 to 485.18 and the obligation were settled without any amount being paid in satisfaction of its principal amount, be included in computing the debtor’s income because of the settlement of the obligation; or

(e)  remittance of the principal amount of the obligation is made in accordance with the first paragraph of section 39 of the residential renovation incentive program implemented by the Société d’habitation du Québec pursuant to Order in Council 153-94 dated 19 January 1994;

“excluded property” means property of a debtor who is not resident in Canada that is tax-agreement-protected property or that is not taxable Canadian property;

“excluded security” issued by a corporation to a person as consideration for the settlement of a debt means

(a)  a distress preferred share issued by the corporation to the person; or

(b)  a share issued by the corporation to the person under the terms of the debt, where the debt was a bond, debenture or note listed on a designated stock exchange located in Canada and the terms for its conversion to a share were not established or substantially modified after the later of 22 February 1994 and the time that the bond, debenture or note was issued;

“forgiven amount” at any time in respect of a commercial obligation issued by a debtor is the amount by which the lesser of the amount for which the obligation was issued and the principal amount of the obligation exceeds the aggregate of

(a)  the amount paid at that time in satisfaction of the principal amount of the obligation;

(b)  the amount included under section 37 or 111 in computing the income of any person because of the settlement of the obligation at that time;

(c)  the amount deducted at that time under subparagraph b of the first paragraph of section 175.1.3 in computing the forgiven amount in respect of the obligation;

(d)  the capital gain of the debtor resulting from the application of section 263 to the purchase at that time of the obligation by the debtor;

(e)  such portion of the principal amount of the obligation as relates to an amount renounced under section 381, 406, 417 or 418.13, as it read in respect of the renunciation, by the debtor;

(f)  any portion of the principal amount of the obligation that is included in the amount determined in any of subparagraphs a to d of the second paragraph of section 484.2 in respect of the debtor for the taxation year of the debtor that includes that time or for a preceding taxation year;

(g)  the aggregate of all amounts each of which is a forgiven amount at a previous time that the obligation was deemed by section 485.25 or 485.26 to have been settled;

(h)  such portion of the principal amount of the obligation as can reasonably be considered to have been included under sections 487.1 to 487.5.4 in computing the debtor’s income for his taxation year that includes that time or for a preceding taxation year;

(i)  where the debtor is a bankrupt at that time, the principal amount of the obligation;

(j)  such portion of the principal amount of the obligation as represents the principal amount of an excluded obligation;

(k)  where the debtor is a partnership and the obligation was, since the later of the creation of the partnership or the issue of the obligation, always payable to a member of the partnership actively engaged, on a regular, continuous and substantial basis, in the activities of the partnership that are other than the financing of the partnership business, the principal amount of the obligation; and

(l)  the amount given at or before that time by the debtor to another person as consideration for the assumption by the other person of the obligation;

“person” includes a partnership;

“relevant loss balance” at a particular time for a commercial obligation and in respect of a debtor’s non-capital loss, farm loss, restricted farm loss or net capital loss, as the case may be, for a taxation year means, subject to section 485.2, the amount of such loss that would be deductible in computing the debtor’s taxable income or taxable income earned in Canada, as the case may be, for the taxation year that includes that time if

(a)  the debtor had sufficient incomes and sufficient taxable capital gains for such purposes;

(b)  sections 485.4 and 485.5 did not apply to reduce such loss at or after the particular time; and

(c)  subparagraph a of the first paragraph of section 736 and sections 736.0.1 and 736.0.1.1 did not apply to the debtor;

“specified cost” of a debt owing to a person at any time means

(a)  where the debt is capital property of the person at that time, the adjusted cost base to the person of the debt at that time; and

(b)  in any other case, the indicated cost amount to the person;

“successor pool” at any time for a commercial obligation and in respect of an amount determined in relation to a debtor means, subject to section 485.1, such portion of that amount as would be deductible under section 418.17, 418.17.3, 418.18, 418.19 or 418.21 in computing the debtor’s income for the taxation year that includes that time, if

(a)  the debtor had sufficient incomes for such purposes;

(b)  section 485.8 did not apply to reduce the particular amount so determined at that time;

(c)  the taxation year ended immediately after that time; and

(d)  the second paragraph of section 418.17.3 and the first paragraph of section 418.20 were read without reference to “30% of” wherever it appears and the second paragraph of section 418.21 were read without reference to “10% of”;

“unrecognized loss” at a particular time, in respect of an obligation issued by a debtor, from the disposition of a property means the amount that would, but for section 240, be a capital loss from the disposition by the debtor at or before the particular time of a debt or other right to receive an amount, except that where the debtor is a corporation the control of which was acquired before the particular time and after the time of the disposition by a person or group of persons, the unrecognized loss at the particular time in respect of the obligation is deemed to be nil unless

(a)  the obligation was issued by the debtor before, and not in contemplation of, the acquisition of control, or

(b)  all or substantially all of the amount for which the obligation was issued was used to satisfy the principal amount of another obligation to which paragraph a or this paragraph would apply if the other obligation were still outstanding.

1972, c. 23, s. 385; 1973, c. 17, s. 55; 1985, c. 25, s. 92; 1986, c. 19, s. 109; 1989, c. 77, s. 55; 1995, c. 1, s. 43; 1996, c. 39, s. 140; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 104; 2001, c. 7, s. 49; 2001, c. 53, s. 73; 2004, c. 8, s. 101; 2010, c. 5, s. 47.

485.1. Notwithstanding the definition of “successor pool” in section 485, the successor pool at any time for a commercial obligation in respect of a specified amount in relation to a debtor is deemed to be nil unless

(a)  the obligation was issued by the debtor before, and not in contemplation of, the event described in paragraph a of section 485.8 that gives rise to the deductibility under any of sections 418.17, 418.17.3, 418.18, 418.19 and 418.21, as the case may be, of all or part of that amount in computing the debtor’s income; or

(b)  all or substantially all of the amount for which the obligation was issued was used to satisfy the principal amount of another obligation to which paragraph a or this paragraph would apply if the other obligation were still outstanding.

1984, c. 15, s. 104; 1996, c. 39, s. 141; 1997, c. 3, s. 71; 2004, c. 8, s. 102.

485.2. Notwithstanding the definition of “relevant loss balance” in section 485, the relevant loss balance at a particular time for a commercial obligation and in respect of a debtor’s non-capital loss, farm loss, restricted farm loss or net capital loss, as the case may be, for a taxation year is deemed to be nil where the debtor is a corporation the control of which was acquired at a time before the particular time by a person or group of persons and the taxation year ended before the previous time, unless

(a)  the obligation was issued by the debtor before, and not in contemplation of, the acquisition of control, or

(b)  all or substantially all of the amount for which the obligation was issued was used to satisfy the principal amount of another obligation to which paragraph a or this paragraph would apply if the other obligation were still outstanding.

1984, c. 15, s. 104; 1986, c. 19, s. 110; 1987, c. 67, s. 116; 1996, c. 39, s. 141; 1997, c. 3, s. 71.

485.3. For the purposes of this subdivision and subdivision 2,

(a)  an obligation issued by a debtor is settled at a particular time where the obligation is settled or extinguished at that time, otherwise than by way of a succession or will or as consideration for the issue of a share described in paragraph b of the definition of “excluded security” in section 485;

(b)  an amount of interest payable by a debtor in respect of an obligation issued by the debtor is deemed to be an obligation that was issued by the debtor for an amount, and that has a principal amount, equal to the portion of the amount of such interest that was deductible or would, but for sections 135.4, 164 and 180 to 182, have been deductible in computing the debtor’s income for a taxation year;

(c)  sections 485.4 to 485.13 apply in numerical order to the forgiven amount in respect of a commercial obligation;

(d)  the applicable fraction of the unapplied portion of a forgiven amount at any time in respect of an obligation issued by a debtor is in respect of a loss for a taxation year, the fraction required to be used under the first paragraph of section 231 for that year;

(e)  where an applicable fraction, as determined under subparagraph d, of the unapplied portion of a forgiven amount is at any time applied under section 485.5 to reduce a loss for a taxation year, the portion of the forgiven amount so applied is, except for the purpose of reducing the loss, deemed to be the quotient obtained when the amount of the reduction under that section 485.5 is divided by the applicable fraction;

(f)  where 3/4 of the unapplied portion of a forgiven amount is applied under section 485.7 to reduce the eligible incorporeal capital amount, except for the purpose of reducing the eligible incorporeal capital amount, the portion of the forgiven amount so applied is deemed to be 4/3 of the amount of the reduction under that section 485.7;

(g)  where a share, other than an excluded security, is issued by a corporation to a person as consideration for the settlement of a debt issued by the corporation and payable to the person, the amount paid in satisfaction of the debt as a consequence of the issue of the share is deemed to be equal to the fair market value of the share at the time it was issued;

(h)  where a debt issued by a corporation and payable to a person is settled at any time, the amount that can reasonably be considered to be the increase, as a consequence of the settlement of the debt, in the fair market value of the shares of the capital stock of the corporation owned by the person, other than shares acquired by the person as consideration for the settlement of the debt, is deemed to be paid at that time in satisfaction of the debt;

(i)  where the consideration given by a debtor to another person for the settlement at any time of a particular commercial debt obligation issued by the debtor and payable to the other person includes a new commercial debt obligation issued by the debtor to the other person

i.  an amount equal to the principal amount of the new obligation is deemed to have been paid by the debtor at that time, because of the issue of the new obligation, in satisfaction of the principal amount of the particular obligation, and

ii.  the new obligation is deemed to have been issued for an amount equal to the amount by which the principal amount of the new obligation exceeds the amount by which the principal amount of the new obligation exceeds the amount for which the particular obligation was issued;

(j)  where two or more commercial obligations issued by a debtor are settled at the same time, those obligations shall be treated as if they were settled at different times in the order designated by the debtor in a prescribed form filed with the debtor’s fiscal return under this Part for the debtor’s taxation year that includes the time of the settlement or, if the debtor does not so designate any such order, in the order designated by the Minister;

(k)  for the purpose of determining, at any time, whether two persons are related to each other or whether any person is controlled by any other person, the following rules apply:

i.  each partnership and each trust is deemed to be a corporation having a capital stock of a single class of voting shares divided into 100 issued shares,

ii.  each member of a partnership and each beneficiary under a trust is deemed to own at that time the number of issued shares of that class that is equal to the proportion of 100 that the fair market value at that time of the member’s interest in the partnership or the beneficiary’s interest in the trust, as the case may be, is of the fair market value at that time of all members’ interests in the partnership or all beneficiaries’ interests in the trust, as the case may be, and

iii.  where a beneficiary’s share of the income or capital of a trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, the fair market value at any time of the beneficiary’s interest in the trust is equal to

(1)  where the beneficiary is not entitled to receive or otherwise obtain the use of all or part of the income or capital of the trust before the death after that time of one or more other beneficiaries under the trust, nil, and

(2)  in any other case, the fair market value at that time of all beneficiaries’ interests in the trust;

(l)  where an obligation is denominated in a foreign currency, the forgiven amount at any time in respect of the obligation shall be determined with reference to the relative value of that currency and Canadian currency at the time the obligation was issued;

(m)  where an amount is paid in satisfaction of the principal amount of a particular commercial obligation issued by a debtor and, as a consequence of the payment, the debtor is legally obliged to pay that amount to another person, the obligation to pay that amount to the other person is deemed to be a commercial obligation that was issued by the debtor at the same time and in the same circumstances as the particular obligation;

(n)  the amount that can be applied because of sections 485 to 485.18 to reduce another amount may not exceed that other amount;

(o)  except for the purposes of this paragraph, where a commercial debt obligation issued by a debtor is settled at any time, the debtor is at that time a member of a partnership, and the obligation was, under the agreement governing the obligation, considered immediately before that time as a debt owed by the partnership, the obligation is deemed to have been issued by the partnership and not by the debtor;

(p)  notwithstanding subparagraph o, where a commercial debt obligation for which a particular person is solidarily liable with one or more other persons is settled at any time in respect of the particular person but not in respect of all of the other persons, the portion of the obligation that can reasonably be considered to be the particular person’s share of the obligation is deemed to have been issued by the particular person and settled at that time and not at any subsequent time;

(q)  a commercial debt obligation issued by an individual that is outstanding at the time of the individual’s death and settled at a time subsequent to the death is, if the succession of the individual was liable for the obligation immediately before the subsequent time, deemed to have been issued by the succession at the same time at which, and in the same circumstances in which, the obligation was issued by the individual; and

(r)  where a commercial debt obligation issued by an individual would, but for this paragraph, be settled at any time in the period ending six months after the death of an individual, or within such longer period as is acceptable to the Minister and the succession of the individual, and the succession of the individual was liable immediately before that time for the obligation, the following rules apply, subject to the second paragraph:

i.  the obligation is deemed to have been settled at the beginning of the day on which the individual died and not at that time,

ii.  any amount paid at that time by the succession in satisfaction of the principal amount of the obligation is deemed to have been paid at the beginning of the day on which the individual died,

iii.  any amount given by the succession at or before that time to another person as consideration for assumption by the other person of the obligation is deemed to have been given at the beginning of the day on which the individual died, and

iv.  subparagraph b shall not apply in respect of the settlement to interest that accrues within that period.

Subparagraph r of the first paragraph does not apply in circumstances in which any amount is, because of the settlement of the commercial debt obligation referred to in that subparagraph, included under section 37 or 111 in computing the income of any person, or in which sections 484 to 484.6 apply in respect of that obligation.

1986, c. 19, s. 111; 1993, c. 16, s. 196; 1996, c. 39, s. 141; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2003, c. 2, s. 129; 2005, c. 1, s. 113.

§ 2 . — Reduced or included amounts

1996, c. 39, s. 142.

485.4. Where a commercial obligation issued by a debtor is settled at any time, the forgiven amount at that time in respect of the obligation shall be applied to reduce at that time, in the following order,

(a)  the debtor’s non-capital loss for each taxation year that ended before that time, to the extent that the amount so applied

i.  does not exceed the amount, in section 485.5 referred to as the debtor’s “ordinary non-capital loss at that time for the year”, that would be the relevant loss balance at that time for the obligation and in respect of the debtor’s non-capital loss for the year if subparagraph iii of paragraph a of section 728.0.1 were read without reference to “the taxpayer’s allowable business investment losses for the year,”, and

ii.  does not, because of this section, reduce the debtor’s non-capital loss for a preceding taxation year;

(b)  the debtor’s farm loss for each taxation year that ended before that time, to the extent that the amount so applied

i.  does not exceed the relevant loss balance at that time for the obligation and in respect of the debtor’s farm loss for the year, and

ii.  does not, because of this section, reduce the debtor’s farm loss for a preceding taxation year; and

(c)  the debtor’s restricted farm loss for each taxation year that ended before that time, to the extent that the amount so applied

i.  does not exceed the relevant loss balance at that time for the obligation and in respect of the debtor’s restricted farm loss for the year, and

ii.  does not, because of this section, reduce the debtor’s restricted farm loss for a preceding taxation year.

1996, c. 39, s. 142; 2006, c. 36, s. 42.

485.5. Where a commercial obligation issued by a debtor is settled at any time, the applicable fraction of the remaining unapplied portion of a forgiven amount at that time in respect of the obligation shall be applied to reduce at that time, in the following order,

(a)  the debtor’s non-capital loss for each taxation year that ended before that time, to the extent that the amount so applied

i.  does not exceed the amount by which the relevant loss balance at that time for the obligation and in respect of the debtor’s non-capital loss for the year exceeds the debtor’s ordinary non-capital loss, within the meaning assigned by subparagraph i of paragraph a of section 485.4, at that time for the year, and

ii.  does not, because of this section, reduce the debtor’s non-capital loss for a preceding taxation year; and

(b)  the debtor’s net capital loss for each taxation year that ended before that time, to the extent that the amount so applied

i.  does not exceed the relevant loss balance at that time for the obligation and in respect of the debtor’s net capital loss for the year, and

ii.  does not, because of this section, reduce the debtor’s net capital loss for a preceding taxation year.

1996, c. 39, s. 142.

485.6. Where a commercial obligation issued by a debtor is settled at any time, the remaining unapplied portion of the forgiven amount at that time in respect of the obligation shall be applied, subject to the second paragraph, in such manner as is designated by the debtor in a prescribed form filed with the debtor’s fiscal return under this Part for the taxation year that includes that time, to reduce immediately after that time the following amounts:

(a)  the capital cost to the debtor of a depreciable property that is owned by the debtor immediately after that time; and

(b)  the undepreciated capital cost to the debtor of depreciable property of a prescribed class immediately after that time.

The remaining unapplied portion of the forgiven amount in respect of a commercial obligation at the time of settlement of the obligation may be applied to reduce, immediately after that time, the capital cost to the debtor of a depreciable property only to the extent that

(a)  in the case of a depreciable property of a prescribed class, the undepreciated capital cost to the debtor of depreciable property of that class at that time exceeds the aggregate of all other reductions immediately after that time to that undepreciated capital cost; and

(b)  in the case of a depreciable property other than a depreciable property of a prescribed class, the capital cost to the debtor of the property at that time exceeds the aggregate of all amounts each of which is an amount allowed to the debtor before that time in respect of the property

i.  in accordance with the method authorized under Part XVII of the regulations made under the Income Tax Act (R.S.C. 1952, c. 148), as it read on 31 December 1971, followed by the debtor under the Corporation Tax Act (R.S.Q. 1964, c. 67) or the Provincial Income Tax Act (R.S.Q. 1964, c. 69);

ii.  under section 130R223 of the Regulation respecting the Taxation Act (chapter I-3, r. 1).

1996, c. 39, s. 142; 2009, c. 15, s. 89.

485.7. Where a commercial obligation issued by a debtor is settled at any time, 3/4 of the remaining unapplied portion of the forgiven amount at that time in respect of the obligation shall be applied, to the extent designated in a prescribed form filed with the debtor’s fiscal return under this Part for the taxation year that includes that time, to reduce immediately after that time the eligible incorporeal capital amount of the debtor in respect of each business of the debtor or, where the debtor is at that time not resident in Canada, in respect of each business carried on in Canada by the debtor.

1996, c. 39, s. 142; 2005, c. 1, s. 114.

485.8. Where a commercial obligation issued by a debtor is settled at any time, the remaining unapplied portion of the forgiven amount at the time of settlement of the obligation in respect of the obligation shall be applied, to the extent designated in a prescribed form filed with the debtor’s fiscal return under this Part for the taxation year that includes that time, to reduce immediately after that time the following amounts:

(a)  where the debtor is a corporation resident in Canada throughout that year, each particular amount determined in respect of the debtor under the second paragraph of any of sections 418.17, 418.18 and 418.19, or that would be so determined under the second paragraph of section 418.17.3 or 418.21 if that second paragraph were read without reference to “30% of” or “10% of”, as the case may be, as a consequence of the acquisition of control of the debtor by a person or group of persons, the debtor ceasing to be exempt from tax under this Part on its taxable income or the acquisition of properties by the debtor as a result of an amalgamation or merger, where the amount so applied does not exceed the successor pool immediately after that time for the obligation and in respect of the particular amount;

(b)  the cumulative Canadian exploration expense, within the meaning assigned by section 398, of the debtor;

(c)  the cumulative Canadian development expense, within the meaning assigned by section 411, of the debtor;

(d)  the cumulative Canadian oil and gas property expense, within the meaning assigned by section 418.5, of the debtor;

(e)  the amount determined under paragraph a of section 371 in respect of the debtor, where

i.  the debtor is resident in Canada throughout that year, and

ii.  the amount so applied does not exceed such portion of the aggregate of the debtor’s foreign exploration and development expenses as were incurred by the debtor before that time and would be deductible under section 371 in computing the debtor’s income for that year if the aggregate determined in respect of the debtor under paragraph b of section 374 were sufficient and if that year ended at that time; and

(f)  the cumulative foreign resource expense of the debtor, in relation to a country, within the meaning of section 418.1.3.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 1998, c. 16, s. 168; 2004, c. 8, s. 103.

485.9. Subject to section 485.18, where a commercial obligation issued by a debtor is settled at any time and amounts have been designated under sections 485.6 to 485.8 to the maximum extent permitted in respect of the settlement of the obligation,

(a)  the remaining unapplied portion of the forgiven amount at that time in respect of the obligation shall be applied, to the extent designated in a prescribed form filed with the debtor’s fiscal return under this Part for the taxation year that includes that time, to reduce immediately after that time the adjusted cost bases to the debtor of capital properties, other than shares of the capital stock of corporations of which the debtor is a specified shareholder at that time, debts issued by corporations of which the debtor is a specified shareholder at that time, interests in partnerships that are related to the debtor at that time, depreciable property that is not of a prescribed class, personal-use properties and excluded properties, that are owned by the debtor immediately after that time;

(b)  an amount may be applied under this section to reduce, immediately after that time, the capital cost to the debtor of a depreciable property of a prescribed class only to the extent that the capital cost immediately after that time to the debtor of the property, determined without reference to the settlement of the obligation at that time, exceeds the capital cost of the property immediately after that time to the debtor for the purposes of sections 64, 78.4, 93 to 104, 130 and 130.1 and any regulations made under paragraph a of section 130 or section 130.1, determined without reference to the settlement of the obligation at that time; and

(c)  for the purposes of sections 64, 78.4, 93 to 104, 130 and 130.1 and any regulations made under paragraph a of section 130 or section 130.1, no amount shall be considered to have been applied under this section.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.10. Subject to section 485.18, where a commercial obligation issued by a debtor is settled at any time in a taxation year and amounts have been designated by the debtor under sections 485.6 to 485.9 to the maximum extent permitted in respect of the settlement of the obligation, the remaining unapplied portion of the forgiven amount in respect of the obligation shall be applied, to the extent that it is designated in a prescribed form filed with the debtor’s fiscal return under this Part for the year, to reduce immediately after that time the adjusted cost bases to the debtor of capital properties, owned by the debtor immediately after that time, that are shares of the capital stock of corporations of which the debtor is a specified shareholder at that time and debts issued by such corporations, other than shares of the capital stock of corporations related to the debtor at that time, debts issued by corporations related to the debtor at that time and excluded properties.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.11. Subject to section 485.18, where a commercial obligation issued by a debtor is settled at any time in a taxation year and amounts have been designated by the debtor under sections 485.6 to 485.10 to the maximum extent permitted in respect of the settlement of the obligation, the remaining unapplied portion of the forgiven amount in respect of the obligation shall be applied, to the extent that it is designated in a prescribed form filed with the debtor’s fiscal return under this Part for the year, to reduce immediately after that time the adjusted cost bases to the debtor of

(a)  shares or debts that are capital properties, other than excluded properties and properties the adjusted cost bases of which are reduced at that time under section 485.9 or 485.10, owned by the debtor immediately after that time; and

(b)  interests in partnerships that are related to the debtor at that time that are capital properties, other than excluded properties, owned by the debtor immediately after that time.

1996, c. 39, s. 142; 2000, c. 5, s. 105.

485.12. Where a commercial obligation issued by a debtor, other than a partnership, is settled at any time in a taxation year and amounts have been designated by the debtor under sections 485.6 to 485.9 to the maximum extent permitted in respect of the settlement of the obligation,

(a)  the debtor is deemed to have a capital gain for the year from the disposition of capital property or, where the debtor is an individual not resident in Canada at the end of the year, of taxable Canadian property, equal to the lesser of

i.  the remaining unapplied portion of the forgiven amount at that time in respect of the obligation, and

ii.  the amount by which the aggregate of the debtor’s capital losses from the dispositions of properties, other than precious property and excluded properties, and, subject to the second paragraph, twice the amount that would, because of sections 564.2 to 564.4 and 564.4.4, be deductible under section 729 in computing the debtor’s taxable income for the year, if the debtor had sufficient incomes and taxable capital gains for the year for such purposes, exceeds the aggregate of the debtor’s capital gains for the year from the dispositions of such properties, determined without reference to this section, and the aggregate of the amounts each of which is an amount deemed by this section to be a capital gain of the debtor for the year as a consequence of the application of this section to another commercial obligation settled before that time; and

(b)  the forgiven amount at that time in respect of the obligation shall be considered to have been applied under this section to the extent of the amount deemed by this section to be a capital gain of the debtor for the year as a consequence of the application of this section to the settlement of the obligation at that time.

However, where the taxation year of the debtor includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the reference to “twice” in subparagraph ii of subparagraph a of the first paragraph shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the debtor for the year.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2003, c. 2, s. 130.

485.13. Where a commercial obligation issued by a debtor is settled at any time in a taxation year, there shall be added, in computing the debtor’s income for the year from the source in connection with which the obligation was issued, the amount determined by the formula

(A + B − C − D) × E.

For the purposes of the formula in the first paragraph,

(a)  A is the remaining unapplied portion of the forgiven amount at that time in respect of the obligation;

(b)  B is the lesser of

i.  the aggregate of all amounts designated under section 485.11 by the debtor in respect of the settlement of the obligation at that time, and

ii.  the residual balance at that time in respect of the settlement of the obligation;

(c)  C is the aggregate of the amounts each of which is an amount specified in an agreement filed under subdivision 6 in respect of the settlement of the obligation at that time;

(d)  D is

i.  where the debtor has designated amounts under sections 485.6 to 485.10 to the maximum extent permitted in respect of the settlement of the obligation, the amount by which the aggregate of the amounts each of which is an unrecognized loss at that time, in respect of the obligation, from the disposition of a property exceeds, subject to the third paragraph, twice the aggregate of the amounts each of which is an amount by which the amount determined before that time under this section in respect of a settlement of an obligation issued by the debtor has been reduced because of an amount determined under this subparagraph, and

ii.  in any other case, zero, and

(e)  E is equal to

i.  where the debtor is a partnership, 1, and

ii.  in any other case, subject to the third paragraph, 1/2.

However, where the taxation year of the debtor includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the reference to the word “twice” in subparagraph i of subparagraph d of the second paragraph shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the debtor for the year; and

(b)  the reference to the fraction “1/2” in subparagraph ii of subparagraph e of the second paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the debtor for the year.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2000, c. 5, s. 106; 2003, c. 2, s. 131.

485.14. For the purposes of section 485.13, the residual balance at any time in a taxation year in respect of the settlement of a particular commercial obligation issued by a debtor is the amount by which the gross tax attributes of directed persons at that time in respect of the debtor exceeds the aggregate of

(a)  the amount determined under subparagraph a of the second paragraph of section 485.13 in respect of the settlement of the particular obligation at that time;

(b)  all amounts each of which is

i.  the amount by which the amount determined under subparagraph a of the second paragraph of section 485.13 in respect of a settlement before that time and in the year of a commercial obligation issued by the debtor exceeds the amount determined under subparagraph c of the second paragraph of that section in respect of the settlement,

ii.  the amount determined under subparagraph a of the second paragraph of section 485.13 in respect of a settlement of a commercial obligation that is deemed under paragraph a of section 485.42 to have been issued by a directed person in respect of the debtor because of the filing of an agreement in accordance with sections 485.42 to 485.52 in respect of a settlement before that time and in the year of a commercial obligation issued by the debtor, or

iii.  the amount specified in an agreement, other than an agreement with a directed person in respect of the debtor, filed in accordance with sections 485.42 to 485.52 in respect of the settlement before that time and in the year of a commercial obligation issued by the debtor; and

(c)  the aggregate of all amounts each of which is an amount in respect of a settlement at a particular time before that time and in the year of a commercial obligation issued by the debtor equal to the least of

i.  the aggregate of all amounts designated under section 485.11 in respect of the settlement,

ii.  the residual balance of the debtor at the particular time, and

iii.  the amount by which the aggregate of all amounts determined under subparagraphs a and b of the second paragraph of section 485.13 in respect of the settlement exceeds the amount determined under subparagraph c of the second paragraph of that section in respect of the settlement.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2000, c. 5, s. 107.

485.14.1. For the purposes of section 485.14, the gross tax attributes of directed persons at a particular time in respect of a debtor means the aggregate of all amounts each of which is an amount that would be applied under any of sections 485.4 to 485.10 and 485.12 in respect of a settlement of a separate commercial obligation, in this section referred to as a “notional obligation”, issued by directed persons at that time in respect of the debtor if the following assumptions were made:

(a)  a notional obligation was issued immediately before the particular time by each of those directed persons and was settled at the particular time;

(b)  the forgiven amount at the particular time in respect of each of those notional obligations was equal to the total of all amounts each of which is a forgiven amount at or before that time and in the year in respect of a commercial obligation issued by the debtor;

(c)  amounts were designated under sections 485.6 to 485.10 by each of those directed persons to the maximum extent permitted in respect of the settlement of each of those notional obligations; and

(d)  no amounts were designated under section 485.11 by any of those directed persons in respect of the settlement of any of the notional obligations.

2000, c. 5, s. 108.

485.15. Where a commercial debt obligation issued by a partnership, in this section referred to as the “partnership obligation”, is settled at any time in a fiscal period of the partnership that ends in a taxation year of a member of the partnership,

(a)  the member may deduct, in computing the member’s income for the year, such amount as the member claims not exceeding the relevant limit in respect of the partnership obligation;

(b)  for the purposes of paragraph a, the relevant limit in respect of the partnership obligation is the amount that would be included in computing the member’s income for the year as a consequence of the application of sections 485.13 and 599 to 613.10 to the settlement of the partnership obligation if the partnership had designated amounts under sections 485.6 to 485.10 to the maximum extent permitted in respect of each obligation settled in that fiscal period and if income arising from the application of section 485.13 were from a source of income separate from any other sources of partnership income; and

(c)  for the purposes of sections 485 to 485.18 and 485.42 to 485.52,

i.  the member is deemed to have issued a commercial debt obligation that was settled at the end of that fiscal period,

ii.  the amount deducted under paragraph a in respect of the partnership obligation in computing the member’s income shall be treated as if it were the forgiven amount at the end of that fiscal period in respect of the obligation referred to in subparagraph i,

iii.  subject to subparagraph iv, the obligation referred to in subparagraph i is deemed to have been issued at the same time at which, and in the same circumstances in which, the partnership obligation was issued,

iv.  where the member is a corporation the control of which was acquired at a particular time that is before the end of that fiscal period and before the corporation became a member of the partnership and the partnership obligation was issued before the particular time,

(1)  subject to the application of this subparagraph iv to an acquisition of control of the corporation after the particular time and before the end of that fiscal period, the obligation referred to in subparagraph i is deemed to have been issued by the member after the particular time, and

(2)  paragraph b of the definition of “unrecognized loss” in section 485 and paragraph b of sections 485.1 and 485.2 do not apply in respect of that acquisition of control, and

v.  the source in connection with which the obligation referred to in subparagraph i was issued is deemed to be the source in connection with which the partnership obligation is issued.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.16. Where a commercial obligation issued by a debtor is settled at any time in a taxation year and, as a consequence of the settlement of the obligation, an amount would, but for this section, be deducted under section 346.1 or 346.2 in computing the debtor’s income for the year and the debtor has not designated amounts under sections 485.6 to 485.11 to the maximum extent possible in respect of the settlement of the obligation,

(a)  the Minister may designate amounts under sections 485.6 to 485.11 to the extent that the debtor would have been permitted to designate those amounts under those sections; and

(b)  the amounts designated by the Minister shall, except for the purposes of this section, be deemed to have been designated by the debtor under sections 485.6 to 485.11.

1996, c. 39, s. 142.

485.17. (Repealed).

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2000, c. 5, s. 109.

485.18. Where a commercial obligation issued by a partnership is settled at any time after 20 December 1994, the amount designated under any of sections 485.9 to 485.11 in respect of the settlement by the partnership to reduce the adjusted cost base of a capital property acquired by the partnership shall not exceed the amount by which the adjusted cost base at that time to the partnership of the property exceeds the fair market value at that time of the property.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

§ 3 . — Deemed settlement of an obligation

1996, c. 39, s. 142.

485.19. For the purposes of this subdivision,

(a)  notwithstanding section 485, “forgiven amount” in respect of an obligation has the meaning assigned by the second paragraph of section 37.0.1 or 111.1, as the case may be, where an amount would be included in computing a person’s income under section 37 or 111 as a consequence of the settlement of the obligation if the obligation were settled without any payment being made in satisfaction of its principal amount;

(b)  subparagraphs a, b, k, m and o of the first paragraph of section 485.3 apply; and

(c)  a person is deemed to have a significant interest in a corporation at any time if the person owned at that time shares of the capital stock of the corporation

i.  that would give the person 25% or more of the votes that could be cast under all circumstances at the annual meeting of shareholders of the corporation, or

ii.  having a fair market value of 25% or more of the fair market value of all the issued shares of the corporation.

For the purposes of subparagraph c of the first paragraph, a person is deemed to own at any time each share of the capital stock of a corporation that is owned, otherwise than because of this paragraph, at that time by another person with whom the person does not deal at arm’s length.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.20. Where a commercial obligation or another obligation, in this section referred to as the “indebtedness”, of a debtor that is a corporation to pay an amount to a creditor that is another corporation is settled on an amalgamation of the debtor and the creditor, the indebtedness is deemed to have been settled immediately before the time that is immediately before the amalgamation by a payment made by the debtor and received by the creditor of an amount that would be the creditor’s cost amount of the indebtedness at that time if the definition of “cost amount” in section 1 were read without reference to paragraph e of that definition and if that cost amount included amounts added in computing the creditor’s income in respect of the portion of the indebtedness representing unpaid interest, to the extent those amounts have not been deducted in computing the creditor’s income as bad debts in respect of that unpaid interest.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.21. Where there is a winding-up of a subsidiary to which sections 556 to 564.1 and 565 apply and a debt or other obligation, in this section referred to as the “subsidiary’s obligation”, of the subsidiary to pay an amount to the parent, or a debt or other obligation, in this section referred to as the “parent’s obligation”, of the parent to pay an amount to the subsidiary is, as a consequence of the winding-up, settled at a particular time without any payment of an amount or by the payment of an amount that is less than the principal amount of the subsidiary’s obligation or the parent’s obligation, as the case may be,

(a)  if that payment is less than the amount that would be the cost amount to the subsidiary or parent of the subsidiary’s obligation or the parent’s obligation immediately before the particular time if the definition of “cost amount” in section 1 were read without reference to its paragraph e, and the parent makes a valid election under paragraph c of subsection 4 of section 80.01 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the subsidiary’s obligation or the parent’s obligation, the amount paid at that time in satisfaction of the principal amount of the subsidiary’s obligation or the parent’s obligation is deemed to be equal to the amount that would be the cost amount to the subsidiary or the parent, as the case may be, of the subsidiary’s obligation or the parent’s obligation immediately before that time if that definition of “cost amount” were read without reference to its paragraph e, and if that cost amount included amounts added in computing the subsidiary’s income or the parent’s income in respect of the portion of the indebtedness representing unpaid interest, to the extent that the subsidiary or the parent has not deducted any amount as bad debts in respect of that unpaid interest; and

(b)  for the purpose of applying sections 485 to 485.18 to the subsidiary’s obligation, where property is distributed at any time in circumstances to which the first paragraph of section 557 or section 558 applies and the subsidiary’s obligation is settled as a consequence of the distribution, the subsidiary’s obligation is deemed to have been settled immediately before the time that is immediately before the time of the distribution and not at any later time.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph c of subsection 4 of section 80.01 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 50; 2009, c. 5, s. 169.

485.22. Where there is a winding-up of a subsidiary to which sections 556 to 564.1 and 565 apply and, as a consequence of the winding-up, a distress preferred share issued by the subsidiary and owned by the parent, or a distress preferred share issued by the parent and owned by the subsidiary, is settled at any time without any payment of an amount or by the payment of an amount that is less than the principal amount of the share,

(a)  where there was no payment or the payment was less than the adjusted cost base of the share to the parent or the subsidiary, as the case may be, immediately before that time, for the purpose of applying the provisions of this Part to the issuer of the share, an amount equal to the adjusted cost base to the parent or to the subsidiary, as the case may be, is deemed to be paid at that time in satisfaction of the principal amount of the share; and

(b)  for the purpose of applying sections 485 to 485.18 to the share, where property is distributed at any time in circumstances to which the first paragraph of section 557 or section 558 applies and the share is settled as a consequence of the distribution, the share is deemed to have been settled immediately before the time that is immediately before the time of the distribution and not at any later time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.22.1. If a trust that is a SIFT wind-up entity is the only beneficiary under another trust (in this section referred to as the “subsidiary trust”), and a capital property that is a debt or other obligation (in this section referred to as the “subsidiary trust’s obligation”) of the subsidiary trust to pay an amount to the SIFT wind-up entity is, as a consequence of a distribution by the subsidiary trust that is a SIFT trust wind-up event, settled at a particular time without any payment or by the payment of an amount that is less than the principal amount of the subsidiary trust’s obligation, the following rules apply:

(a)  if the payment is less than the adjusted cost base to the SIFT wind-up entity of the subsidiary trust’s obligation immediately before the particular time, and the SIFT wind-up entity makes a valid election under subparagraph ii of paragraph a of subsection 5.1 of section 80.01 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) in relation to the subsidiary trust’s obligation, the amount paid at the particular time in satisfaction of the principal amount of the subsidiary trust’s obligation is deemed to be equal to the amount that would be the adjusted cost base to the SIFT wind-up entity of the subsidiary trust’s obligation immediately before the particular time if that adjusted cost base included amounts added in computing the SIFT wind-up entity’s income in respect of the portion of the indebtedness representing unpaid interest, to the extent that the SIFT wind-up entity has not deducted any amounts as bad debts in respect of that unpaid interest; and

(b)  for the purpose of applying sections 485 to 485.18 to the subsidiary trust’s obligation, the subsidiary trust’s obligation is deemed to have been settled immediately before the time that is immediately before the distribution.

Chapter V.2 of Title II of Book I applies in relation to an election made under subparagraph ii of paragraph a of subsection 5.1 of section 80.01 of the Income Tax Act.

2010, c. 25, s. 32.

485.23. For the purposes of section 485.24, “specified obligation” of a debtor at a particular time means an obligation issued by the debtor where

(a)  at any previous time, other than a time before the last time the obligation became a parked obligation before the particular time,

i.  a person who owned the obligation dealt at arm’s length with the debtor and, where the debtor is a corporation, did not have a significant interest in the debtor, or

ii.  the obligation was acquired by the holder of the obligation from another person who was, at the time of that acquisition, not related to the holder or related to the holder only because of paragraph b of section 20; or

(b)  the obligation is deemed by section 299 to have been reacquired at the particular time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.24. For the purposes of this section and sections 485.23, 485.25 and 485.27,

(a)  an obligation issued by a debtor is a parked obligation at any time where at that time

i.  the obligation is a specified obligation of the debtor, and

ii.  the holder of the obligation does not deal at arm’s length with the debtor or, where the debtor is a corporation and the holder acquired the obligation after 12 July 1994, otherwise than pursuant to an agreement in writing entered into on or before that date, has a significant interest in the debtor; and

(b)  an obligation that is, at any time, acquired or reacquired in circumstances to which subparagraph ii of paragraph a of section 485.23 or paragraph b of that section applies is, if the obligation is a parked obligation immediately after that time, deemed to have become a parked obligation at that time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.25. Where at any particular time after 21 February 1994, a commercial debt obligation that was issued by a debtor becomes a parked obligation, otherwise than pursuant to an agreement in writing entered into before 22 February 1994, and the specified cost at the particular time to the holder of the obligation is less than 80% of the principal amount of the obligation, for the purpose of applying the provisions of this Part to the debtor,

(a)  the obligation is deemed to have been settled at the particular time; and

(b)  the forgiven amount at the particular time in respect of the obligation shall be determined as if the debtor had paid an amount at the particular time in satisfaction of the principal amount of the obligation equal to that specified cost.

1996, c. 39, s. 142.

485.26. Where at any particular time after 21 February 1994, a commercial debt obligation issued by a debtor that is payable to a person other than a person with whom the debtor is related at that time becomes unenforceable in a competent court because of a statutory limitation period and the obligation would, but for this section, not have been settled or extinguished at the particular time, for the purpose of applying the provisions of this Part to the debtor, the obligation is deemed to have been settled at the particular time.

1996, c. 39, s. 142.

485.27. Where a commercial debt obligation issued by a debtor is first deemed by section 485.25 or 485.26 to have been settled at a particular time, at a subsequent time a payment is made by the debtor of an amount in satisfaction of the principal amount of the obligation and it cannot reasonably be considered that one of the reasons the obligation became a parked obligation or became unenforceable, as the case may be, before the subsequent time was to have this section apply to the payment, in computing the debtor’s income for the taxation year, in this section referred to as the “subsequent year”, that includes the subsequent time from the source in connection with which the obligation was issued, the debtor may deduct the amount determined, subject to the fourth paragraph, by the formula

0.5 (A − B) − C.

For the purposes of the formula in the first paragraph,

(a)  A is the amount of the payment;

(b)  B is the amount by which the principal amount of the obligation exceeds the aggregate of

i.  all amounts each of which is a forgiven amount in respect of a particular portion of the obligation at any time in the period that began at the particular time referred to in the first paragraph and ended immediately before the subsequent time referred to therein, and at which a particular portion of the obligation is deemed by section 485.25 or 485.26 to be settled in respect of the particular portion, and

ii.  all amounts paid in satisfaction of the principal amount of the obligation in the period referred to in subparagraph i; and

(c)  C is the amount by which the aggregate of the following amounts exceeds the aggregate of the amounts described in the third paragraph:

i.  all amounts deducted by the debtor under section 346.2 in computing the debtor’s income for the subsequent year or a preceding taxation year,

ii.  all amounts added by the debtor because of section 485.13 in computing the debtor’s income for the subsequent year or a preceding taxation year in respect of a settlement under section 485.25 or 485.26 in a period during which the debtor was exempt from tax under this Part on its taxable income, and

iii.  all amounts added by the debtor because of section 485.13 in computing the debtor’s income for the subsequent year or a preceding taxation year in respect of a settlement under section 485.25 or 485.26 in a period during which the debtor, in the case of a corporation, had no establishment in Québec or, in the case of an individual, was not resident in Canada, other than any of those amounts added by the individual in computing his income, taxable income or taxable income earned in Canada as a consequence of the second paragraph of section 23 or section 26, as the case may be.

The aggregate to which subparagraph c of the second paragraph refers is the aggregate of

(a)  the amount deducted by the debtor because of paragraph c.1 of section 225 in computing the aggregate, determined immediately after the subsequent year, of the amounts deductible under sections 222 to 224 by the debtor; and

(b)  all amounts by which, because of subparagraph c of the second paragraph, the amount deductible by the debtor under this section in respect of a payment made by the debtor before the subsequent time referred to in the first paragraph in computing the debtor’s income for the subsequent year or a preceding year has been reduced.

Where the subsequent year includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the reference to “0.5” in the formula provided for in the first paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the debtor for that year.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2003, c. 2, s. 132.

485.28. Where an obligation issued by a debtor is denominated in a foreign currency and the obligation is deemed by section 485.25 or 485.26 to have been settled, those sections do not apply for the purpose of determining any gain or loss of the debtor on the settlement that is attributable to a fluctuation in the value of the foreign currency relative to the value of Canadian currency.

1996, c. 39, s. 142.

§ 4 . — Distress preferred shares

1996, c. 39, s. 142.

485.29. For the purpose of applying this Part to an issuer of a distress preferred share,

(a)  the principal amount, at any time, of the share is deemed to be the amount, determined at that time, for which the share was issued;

(b)  the amount for which the share was issued is, at any time, deemed to be the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount paid before that time on a reduction of the paid-up capital in respect of the share, except to the extent that the amount is deemed by sections 504 to 510.1 to have been paid as a dividend:

i.  the amount for which the share was issued, determined without reference to this subparagraph, and

ii.  all amounts by which the paid-up capital in respect of the share increased after the share was issued and before that time;

(c)  the share is deemed to be settled at such time as it is redeemed, acquired or cancelled by the issuer; and

(d)  a payment in satisfaction of the principal amount of the share means any payment made on a reduction of the paid-up capital in respect of the share to the extent that the payment is proceeds of disposition of the share within the meaning that would be assigned by section 251 if that section were read without reference to “an amount deemed to be a dividend received under section 508 to the extent that it refers to a dividend deemed paid under sections 505 and 506 and not deemed not to be a dividend under paragraph a of section 308.1 or under paragraph b of section 568,”.

1996, c. 39, s. 142.

485.30. Where the consideration given by a corporation to another person for the settlement or extinguishment at any time of a commercial debt obligation that was issued by the corporation and owned immediately before that time by the other person includes a distress preferred share issued by the corporation to the other person,

(a)  for the purposes of sections 485 to 485.18, the amount paid at that time in satisfaction of the principal amount of the obligation because of the issue of that share is deemed to be equal to the lesser of the principal amount of the obligation and the amount by which the paid-up capital in respect of the class of shares that includes that share increases because of the issue of that share; and

(b)  for the purposes of subparagraph i of paragraph b of section 485.29, the amount for which the share was issued is deemed to be equal to the amount deemed by paragraph a to have been paid at that time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.31. Where the consideration given by a corporation to another person for the settlement at any time of a distress preferred share that was issued by the corporation and owned immediately before that time by the other person includes a commercial debt obligation issued by the corporation to the other person, sections 485 to 485.18 apply with reference to the following rules:

(a)  the amount paid at that time in satisfaction of the principal amount of the share because of the issue of that obligation is deemed to be equal to the principal amount of the obligation; and

(b)  the amount for which the obligation was issued is deemed to be equal to its principal amount.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.32. Where the consideration given by a corporation to another person for the settlement at any time of a particular distress preferred share that was issued by the corporation and owned immediately before that time by the other person includes another distress preferred share issued by the corporation to the other person, sections 485 to 485.18 apply with reference to the following rules:

(a)  the amount paid at that time in satisfaction of the principal amount of the particular share because of the issue of the other share is deemed to be equal to the amount by which the paid-up capital in respect of the class of shares that includes the other share increases because of the issue of the other share; and

(b)  for the purposes of subparagraph i of paragraph b of section 485.29, the amount for which the other share was issued is deemed to be equal to the amount deemed by paragraph a to have been paid at that time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.33. Where the consideration given by a corporation to another person for the settlement at any time of a distress preferred share that was issued by the corporation and owned immediately before that time by the other person includes another share, other than a distress preferred share, or an obligation, other than a commercial obligation, issued by the corporation to the other person, for the purposes of sections 485 to 485.18, the amount paid at that time in satisfaction of the principal amount of the distress preferred share because of the issue of the other share or obligation is deemed to be equal to the fair market value of the other share or obligation, as the case may be, at that time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.34. Where at any time a distress preferred share becomes a share that is not a distress preferred share, sections 485 to 485.18 apply with reference to the following rules:

(a)  the share is deemed to have been settled immediately before that time; and

(b)  a payment equal to the fair market value of the share at that time is deemed to have been made immediately before that time in satisfaction of the principal amount of the share.

1996, c. 39, s. 142.

§ 5 . — Subsequent dispositions

1996, c. 39, s. 142.

485.35. Where at any time in a taxation year a person surrenders a particular capital property, other than a distress preferred share, that is a share, an interest in a partnership or a capital interest in a trust, the person is deemed to have a capital gain from the disposition at that time of another capital property or, where the particular capital property is a taxable Canadian property, another taxable Canadian property, equal to the amount by which the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing the adjusted cost base to the person of the particular capital property immediately before that time exceeds the aggregate of

(a)  the amount that would, but for section 638, be the person’s capital gain for the year from the disposition of the particular capital property; and

(b)  where, at the end of the year, the person is resident in Canada or is a person not resident in Canada who carries on business in Canada through a fixed place of business, the amount designated under section 485.40 by the person in respect of the disposition, at that time or immediately after that time, of the particular capital property.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.36. For the purposes of section 485.35, a person shall be considered to have surrendered a property at any time only where

(a)  in the case of a share of the capital stock of a particular corporation,

i.  the person is a corporation that disposed of the share at that time and the proceeds of disposition of the share are determined under section 558, or

ii.  the person is a corporation that owned the share at that time and, immediately after that time, amalgamates or merges with the particular corporation;

(b)  in the case of a capital interest in a trust, the person disposed of the interest at that time and the proceeds of disposition are determined under subparagraph c of the first paragraph of section 688; and

(c)  in the case of an interest in a partnership, the person disposed of the interest at that time and the proceeds of disposition are determined under section 621 or 627.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2003, c. 2, s. 133.

485.37. (Repealed).

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2000, c. 5, s. 110.

485.38. (Repealed).

1996, c. 39, s. 142; 2000, c. 5, s. 110.

485.39. (Repealed).

1996, c. 39, s. 142; 2000, c. 5, s. 110.

485.40. For the purposes of sections 485 to 485.18 and 485.35, where at any time in a taxation year a person disposes of a property and the person designates an amount in a prescribed form filed with the person’s fiscal return under this Part for the year, the following rules apply:

(a)  the person is deemed to have issued a commercial debt obligation at that time that is settled immediately after that time;

(b)  the lesser of the amount so designated and the amount that would, but for this section, be a capital gain determined in respect of the disposition because of section 485.35 shall be treated as if it were the forgiven amount at the time of the settlement in respect of the obligation referred to in paragraph a;

(c)  the source in connection with which the obligation referred to in paragraph a was issued is deemed to be the business, if any, carried on by the person at the end of the year, and

(d)  where the person does not carry on a business at the end of the year, the person is deemed to carry on an active business at the end of the year and the source in connection with which the obligation referred to in paragraph a was issued is deemed to be the business deemed by this paragraph to be carried on.

1996, c. 39, s. 142; 2000, c. 5, s. 111; 2007, c. 12, s. 65.

485.41. Where, as a consequence of the disposition at any time by an individual or a partnership of a property that is a qualified farm property of the individual, within the meaning assigned by section 726.6, a qualified fishing property of the individual, within the meaning of that section, a qualified small business corporation share of the individual, within the meaning assigned by section 726.6.1, or a resource property of the individual or partnership, within the meaning assigned by section 726.20.1, the individual or partnership is deemed by section 485.35 to have a capital gain at that time from the disposition of another property, for the purposes of sections 28, 462.7 to 462.10 and 727 to 737, as they apply for the purposes of sections 726.6 to 726.20.4, the other property is deemed to be a qualified farm property, a qualified fishing property or a qualified small business corporation share, as the case may be, of the individual, or a resource property of the individual or partnership, as the case may be.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2004, c. 21, s. 83.

§ 6 . — Transfer agreements

1996, c. 39, s. 142.

485.42. Where a particular commercial obligation issued by a debtor, other than an obligation deemed by paragraph a to have been issued, is settled at a particular time, amounts have been designated by the debtor under sections 485.6 to 485.10 to the maximum extent permitted in respect of the settlement of the particular obligation at the particular time, the debtor and an eligible transferee of the debtor at the particular time file under this subdivision an agreement between them in respect of that settlement, and an amount is specified in that agreement, the following rules apply:

(a)  except for the purposes of section 485.11, the transferee is deemed to have issued a commercial debt obligation that was settled at the particular time;

(b)  the specified amount is deemed to be the forgiven amount at the particular time in respect of the obligation referred to in paragraph a;

(c)  subject to paragraph d, the obligation referred to in paragraph a is deemed to have been issued at the same time, in paragraph d referred to as the “time of issue”, at which, and in the same circumstances in which, the particular obligation was issued;

(d)  where the transferee is a corporation the control of which was acquired by a person or group of persons after the time of issue and the transferee and the debtor were not related to each other immediately before that acquisition of control,

i.  the obligation referred to in paragraph a is deemed to have been issued after that acquisition of control, and

ii.  paragraph b of the definition of “relevant loss balance” in section 485 and paragraph b of sections 485.1 and 485.2 do not apply in respect of that acquisition of control;

(e)  the source in connection with which the obligation referred to in paragraph a was issued is deemed to be the source in connection with which the particular obligation was issued; and

(f)  for the purposes of sections 346.2 to 346.4, the amount included under section 485.13 in computing the income of the eligible transferee in respect of the settlement of the obligation referred to in paragraph a or deducted under paragraph a of section 485.15 in respect of such income is deemed to be nil.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.43. This subdivision applies with reference to subparagraphs a, b, k, m and o of the first paragraph of section 485.3.

1996, c. 39, s. 142.

485.44. For the purposes of this Part, where property is acquired at any time by an eligible transferee as consideration for entering into an agreement with a debtor that is filed under this subdivision

(a)  where the property was owned by the debtor immediately before that time,

i.  the debtor is deemed to have disposed of the property at that time for proceeds equal to the fair market value of the property at that time, and

ii.  no amount may be deducted by the debtor in computing the debtor’s income as a consequence of the transfer of the property, except any amount arising as a consequence of the application of subparagraph i;

(b)  the cost at which the property was acquired by the eligible transferee at that time is deemed to be equal to the fair market value of the property at that time; and

(c)  the eligible transferee is not required to add an amount in computing income solely because of the acquisition at that time of the property;

(d)  (paragraph repealed).

1996, c. 39, s. 142; 2000, c. 5, s. 112.

485.44.1. For the purposes of this Part, where a debtor and an eligible transferee enter into an agreement that is filed in accordance with this subdivision, no benefit shall be considered to have been conferred on the debtor as a consequence of the agreement.

2000, c. 5, s. 113.

485.45. Subject to section 485.46, a particular agreement between a debtor and an eligible transferee in respect of a commercial obligation issued by the debtor that was settled at any time is deemed not to have been filed under this subdivision

(a)  where it is not filed with the Minister in a prescribed form

i.  on or before the later of

(1)  the debtor’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, and

(2)  the transferee’s filing-due date for the taxation year or fiscal period, as the case may be, that includes that time, or

ii.  within the period within which the debtor or the transferee may notify a notice of objection to an assessment of tax payable under this Part for a taxation year or fiscal period, as the case may be, described in subparagraph 1 or 2 of subparagraph i, as the case may be;

(b)  where it is not accompanied by,

i.  where the debtor is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made,

ii.  where the debtor is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made,

iii.  where the transferee is a corporation and its directors are legally entitled to administer its affairs, a certified copy of their resolution authorizing the agreement to be made, and

iv.  where the transferee is a corporation and its directors are not legally entitled to administer its affairs, a certified copy of the document by which the person legally entitled to administer its affairs authorized the agreement to be made; or

(c)  if an agreement amending the particular agreement has been filed in accordance with this subdivision, except where section 485.47 applies to the particular agreement.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 51; 2003, c. 9, s. 29.

485.46. Where a commercial obligation is settled at any time in a fiscal period of a partnership, it shall be assumed for the purposes of section 485.45 that

(a)  the partnership is required to file a fiscal return under this Part for the fiscal period on or before the latest of the filing-due dates of the members of the partnership during the fiscal period for the taxation year in which that fiscal period ends; and

(b)  the partnership may notify a notice of objection described in subparagraph ii of paragraph a of section 485.45 within each period within which any member of the partnership during the fiscal period may notify a notice of objection to tax payable under this Part for a taxation year in which that fiscal period ends.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 31, s. 52; 2003, c. 9, s. 30.

485.47. Where at any time a corporation becomes related to another corporation and it can reasonably be considered that the main purpose of the corporation becoming related to the other corporation is to enable the corporations to file an agreement under this subdivision, the amount specified in the agreement is deemed to be nil for the purposes of subparagraph c of the second paragraph of section 485.13.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

485.48. Notwithstanding sections 1010 to 1011, the Minister shall under this Part assess or reassess the tax, interest and penalties payable by a taxpayer in order to take into account an agreement filed under this subdivision.

1996, c. 39, s. 142.

485.49. Without affecting the liability of any person under any other provision of this Act, where a debtor and an eligible transferee file an agreement between them under this subdivision in respect of a commercial obligation issued by the debtor that was settled at any time, the debtor is, to the extent of 30% of the amount specified in the agreement, liable to pay

(a)  where the transferee is a corporation, all taxes payable under this Part by it for taxation years that end in the period that begins at that time and ends four calendar years after that time;

(b)  where the transferee is a partnership, the aggregate of all amounts each of which is the tax payable under this Part by a person for a taxation year that begins or ends in the period referred to in paragraph a and that includes the end of a fiscal period of the partnership during which the person was a member of the partnership; and

(c)  interest and penalties in respect of such taxes.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 2000, c. 5, s. 114.

485.50. Where taxes, interest and penalties are payable under this Part by a person for a taxation year and those taxes, interest and penalties are payable by a debtor because of section 485.49, the debtor and the person are solidarily liable to pay those amounts.

1996, c. 39, s. 142.

485.51. Where a debtor and an eligible transferee file an agreement between them under this subdivision in respect of a commercial obligation issued by the debtor that was settled at a particular time,

(a)  where the debtor is an individual or a corporation, the Minister may at any subsequent time assess the debtor in respect of taxes, interest and penalties for which the debtor is liable because of section 485.49; and

(b)  where the debtor is a partnership, the Minister may at any subsequent time assess any person who has been a member of the partnership in respect of taxes, interest and penalties for which the partnership is liable because of section 485.49, to the extent that those amounts relate to taxation years of the transferee or, where the transferee is also a partnership, members of that partnership, that end at or after

i.  where the person was not a member of the partnership at the particular time, the first subsequent time the person becomes a member of the partnership, and

ii.  in any other case, the particular time.

The provisions of Book IX apply, with the necessary modifications, to the assessment made under the first paragraph as if the assessment had been made under Title II of that Book.

1996, c. 39, s. 142; 1997, c. 3, s. 71; 1997, c. 85, s. 80.

485.52. For the purposes of this section and paragraph b of sections 485.49 and 485.51, where a partnership is at any time a member of another partnership, each member of the partnership is deemed to be a member of the other partnership at that time.

1996, c. 39, s. 142; 1997, c. 3, s. 71.

DIVISION IV MISCELLANEOUS CASES

1996, c. 39, s. 142.

486. For the application of this Part, except this section, to a taxation year that begins before 1 January 2007, where a taxpayer, under a contract, pays to another person a particular amount that may reasonably be considered to have been received by the other person as a reimbursement, contribution or allowance in respect of an amount paid or payable by the other person, the latter amount is included in computing the income of that other person under section 89 or denied as a deduction in computing the income of such other person because of section 144 and the taxpayer, at the time of payment of the particular amount, was resident in Canada or carrying on business in Canada, the following rules apply:

(a)  the taxpayer is deemed neither to have paid nor to have become obligated to pay the particular amount to the other person but to have paid an amount contemplated in section 144 equal to the particular amount;

(b)  the other person is deemed neither to have received nor to have become entitled to receive the particular amount from the taxpayer.

1975, c. 22, s. 108; 1977, c. 26, s. 57; 1978, c. 26, s. 81; 1991, c. 25, s. 78; 2005, c. 1, s. 115.

487. Where a taxpayer includes, in computing his income from a farming business for a taxation year, a particular amount in respect of the forced destruction of livestock in the year under an Act, he may, subject to section 487.0.4, deduct in computing that income for that year an amount not exceeding the particular amount.

The amount deducted by the taxpayer under the first paragraph in computing his income from a farming business for a taxation year is deemed to be income of the taxpayer from such business for the subsequent taxation year.

1977, c. 26, s. 58; 1991, c. 25, s. 78.

487.0.1. In this section and sections 487.0.2 and 487.0.3,

“breeding animals” means animals that are over 12 months of age and are horses kept for breeding in the commercial production of pregnant mares’ urine, or bison, bovine cattle, deer, goats, elk, sheep or other grazing ungulates kept for breeding;

“breeding herd” of a taxpayer at any time means the number of animals determined at that time, in respect of the taxpayer, by the formula

A − (B − C).

For the purposes of the formula set forth in the definition of “breeding herd” set forth in the first paragraph,

(a)  A is the total number of the taxpayer’s breeding animals held in the course of carrying on a farming business at that time;

(b)  B is the total number of the taxpayer’s breeding animals held in the farming business at that time that are female bovine cattle that have not given birth to calves;

(c)  C is the lesser of the number of animals determined as the value of B and one-half on the total number of the taxpayer’s breeding animals held in the farming business at that time that are female bovine cattle that have given birth to calves.

1991, c. 25, s. 79; 1994, c. 22, s. 190.

487.0.2. A taxpayer who, in a taxation year, carries on a farming business in a region that is a drought region or a region of flood or excessive moisture, within the meaning of the regulations, at any time in the year and whose breeding herd at the end of the year in respect of the business does not exceed 85% of his breeding herd at the beginning of the year in respect of the business, may deduct, in computing his income from the business for the year, an amount not exceeding the amount determined for the year, in respect of the taxpayer’s business, by the formula

(A − B) × C.

For the purposes of the formula set forth in the first paragraph,

(a)  A is the amount by which the aggregate of the particular amounts included, in respect of the sale of breeding animals in the year, in computing the taxpayer’s income from the business for the year exceeds the aggregate of all amounts deducted under section 153, in respect of the particular amounts, in computing the taxpayer’s income from the business for the year;

(b)  B is the aggregate of all amounts deducted, in respect of the acquisition of breeding animals, in computing the taxpayer’s income from the business for the year;

(c)  C is 30% where the taxpayer’s breeding herd at the end of the year in respect of the business exceeds 70% of his breeding herd at the beginning of the year in respect of the business, and 90% in all other cases.

1991, c. 25, s. 79; 2010, c. 25, s. 33.

487.0.3. The amount deducted under section 487.0.2 in computing the income of a taxpayer for a particular taxation year from a farming business carried on in a region referred to in the first paragraph of that section,

(a)  must, up to the amount determined under the second paragraph, be included in computing the taxpayer’s income from the business for a given taxation year ending after the particular taxation year; and

(b)  is deemed, except to the extent that the amount has been included under this section in computing the taxpayer’s income from the business for a preceding taxation year after the particular taxation year, to be income of the taxpayer from the business for the taxation year that is the earliest of

i.  the taxpayer’s first taxation year beginning after the end of the period or series of continuous periods for which the region was referred to in the first paragraph of section 487.0.2,

ii.  the taxpayer’s first taxation year, following the particular taxation year, at the end of which the taxpayer was not resident in Canada and not carrying on business through a fixed place of business in Canada, and

iii.  the taxpayer’s taxation year in which the taxpayer died.

The amount to which subparagraph a of the first paragraph refers is equal to the lesser of

(a)  the amount deducted under section 487.0.2 in computing the taxpayer’s income for the particular taxation year from the farming business, except to the extent that the amount has been included under this section in computing the taxpayer’s income from the business for a taxation year preceding the given taxation year but after the particular taxation year; and

(b)  the amount included for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), under subsection 5 of section 80.3 of that Act, in computing the taxpayer’s income from the business for the given taxation year because of an election made in accordance with that subsection 5 after 19 December 2006 in respect of the amount deducted under subsection 4 of section 80.3 of that Act in that computation for the particular taxation year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 5 of section 80.3 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1991, c. 25, s. 79; 1993, c. 16, s. 197; 1996, c. 39, s. 273; 2009, c. 5, s. 170; 2010, c. 25, s. 34.

487.0.4. Section 487.0.2 and the first paragraph of section 487 do not apply to a taxpayer, in respect of a farming business, for a taxation year in which the taxpayer died or where at the end of the year the taxpayer is not resident in Canada and not carrying on business through a fixed place of business in Canada.

1991, c. 25, s. 79; 1993, c. 16, s. 197; 1996, c. 39, s. 273.

487.1. A corporation carrying on a personal services business or an individual is deemed to receive a benefit in a taxation year equal to the amount computed under section 487.2 when a person or partnership contracts a debt because of services provided or to be provided by the corporation or of the individual’s previous, current or intended office or employment.

For the purposes of the first paragraph, a debt is deemed to have been contracted because of an individual’s office or employment, or because of services provided by a corporation that carries on a personal services business, if it is reasonable to conclude that, but for the individual’s previous, current or intended office or employment, or the services provided or to be provided by the corporation,

(a)  the terms of the debt would have been different; or

(b)  the debt would not have been contracted.

1978, c. 26, s. 82; 1983, c. 44, s. 26; 1994, c. 22, s. 191; 1997, c. 3, s. 71; 1997, c. 14, s. 79; 2001, c. 53, s. 74.

487.2. The amount provided for in the first paragraph of section 487.1 is obtained by subtracting the amount computed under section 487.2.1 from the aggregate of the interest, computed at the prescribed rate, in respect of each such debt for the period of the year in which it was unpaid and the interest paid or payable for the year in respect of each such debt

(a)  by a person or a partnership that employed or planned to employ the individual;

(b)  by a person or partnership to which or for which the corporation provided or was to provide services; or

(c)  by a person who was not a debtor of the debt and who was related to the person or partnership contemplated in subparagraph a or was not dealing at arm’s length with the person or partnership contemplated in subparagraph b.

1978, c. 26, s. 82; 1982, c. 5, s. 112; 1983, c. 44, s. 26; 1986, c. 15, s. 85; 1986, c. 19, s. 112; 1997, c. 3, s. 71; 2001, c. 53, s. 75; 2010, c. 25, s. 35.

487.2.1. The amount referred to in section 487.2 is the aggregate of

(a)  the interest for the year paid on each such debt not later than 30 days after the end of the year; and

(b)  the portion of the interest paid or payable for the year in respect of each such debt by a person or partnership referred to in any of paragraphs a to c of section 487.2 that is reimbursed by the debtor in the year or within 30 days after the end of the year to the person or partnership that made the payment referred to in that section.

1986, c. 19, s. 113; 2010, c. 25, s. 36.

487.3. A person who is not a corporation resident in Canada or a partnership every member of which is not such a corporation is deemed to receive a benefit in a taxation year equal to the amount computed under section 487.4 when he or it contracts a debt with a corporation by virtue of the fact that he or it is a shareholder thereof, that he or it is connected with such a shareholder or that he or it is a beneficiary or a member of a trust or partnership that is such a shareholder.

The same rule applies where the person or partnership contracts a debt with a corporation related to the corporation or with a partnership of which the corporation or a corporation related to it is a member.

For the purposes of this section, a person is connected with a shareholder of a corporation if he is not dealing at arm’s length with the shareholder and if he is not a foreign affiliate of the corporation or a foreign affiliate of a person resident in Canada who is not dealing at arm’s length with the corporation.

1978, c. 26, s. 82; 1983, c. 44, s. 26; 1997, c. 3, s. 71.

487.4. The amount provided for by section 487.3 is obtained by subtracting the interest paid for the year in respect of each such debt not later than 30 days after the end of the year or on 31 December 1982, whichever is later, from the interest in respect of each such debt, computed at the prescribed rate, in respect of the debt for the period of the year in which it was unpaid.

1983, c. 44, s. 26; 1986, c. 19, s. 114.

487.5. Sections 487.1 and 487.3 do not apply in respect of a debt or the portion of a debt

(a)  that is included in computing the income of a person or partnership under this Part; or

(b)  on which the interest is paid or payable to the creditor only by the debtor and in respect of which the rate of interest is not lower than the rate which, in view of the circumstances and the terms and conditions of the debt, would have been agreed upon, when the debt was contracted, between the parties who were dealing at arm’s length, if the loan of money had been part of the creditor’s normal business and if neither of the parties contracted the debt by virtue of an office or employment, or by virtue of the fact that a person or partnership is a shareholder.

1983, c. 44, s. 26; 1997, c. 3, s. 71.

487.5.1. For the purposes of computing the benefit under the first paragraph of section 487.1 in a taxation year in respect of a debt contracted for a home purchase loan or a home relocation loan and for the purposes of section 725.6, the amount of the aggregate of all interest on all such debts computed at the prescribed rate on each such debt for the period in the year during which it was outstanding shall not exceed the amount of interest that would have been determined thereunder if it had been computed at the rate of 8% in the case of a debt contracted before 1 May 1987 or, in any other case, at the prescribed rate in effect at the time the debt was contracted.

1988, c. 4, s. 35; 2001, c. 53, s. 76.

487.5.2. For the purposes of sections 487.1 to 487.6, other than paragraph b of section 487.5, where a debt, other than a prescribed debt, contracted for a home purchase loan or a home relocation loan of an individual has a term for repayment exceeding five years, the balance outstanding on the debt on the date that is five years from the day the debt was contracted or was last deemed by this section to have been contracted is deemed to be a new debt contracted for a home purchase loan on that date.

1988, c. 4, s. 35.

487.5.3. For the purposes of sections 487.1 to 487.6, “home purchase loan” means that portion of any debt contracted by an individual in the circumstances referred to in section 487.1 that is used to acquire, or to repay a debt that was contracted to acquire, a dwelling or a share of the capital stock of a housing cooperative acquired for the sole purpose of acquiring the right to inhabit a dwelling owned by the cooperative, where the dwelling is for the habitation of any of the persons described in section 487.5.4, or that is used to repay a home purchase loan.

1988, c. 4, s. 35; 1993, c. 16, s. 198; 1997, c. 3, s. 71; 1997, c. 85, s. 81; 2000, c. 5, s. 115; 2001, c. 53, s. 77.

487.5.4. The persons referred to in section 487.5.3 are the following:

(a)  the individual by virtue of whose office or employment the debt is contracted;

(b)  a specified shareholder of the corporation by virtue of whose services the debt is contracted;

(c)  a person related to a person described in paragraph a or b.

1988, c. 4, s. 35; 1997, c. 3, s. 71.

487.6. For the purposes of sections 64 and 160, any benefit deemed to be received in a taxation year under section 487.1 or 487.3 is also deemed to be interest paid in the year and payable in respect of the year by the debtor in accordance with a legal obligation to pay interest on borrowed money.

1983, c. 44, s. 26; 1985, c. 25, s. 93; 2005, c. 1, s. 116.

TITLE VIII AMOUNTS NOT INCLUDED IN COMPUTING INCOME

1972, c. 23.

CHAPTER I GENERALITIES

1972, c. 23.

488. A taxpayer shall not include, in computing his income for a taxation year, the amounts provided for in this title or the regulations.

Such amounts include those that sections 218 to 220 provide are not to be included in computing income and the payments that Title I of Book VII provides are not to be included in computing income.

1972, c. 23, s. 386; 1993, c. 64, s. 36; 2000, c. 5, s. 116.

CHAPTER II MISCELLANEOUS CASES

1972, c. 23.

489. The amounts which shall not be included also include:

(a)  an amount received under a War Savings Certificate issued by His Majesty in right of Canada or under a similar savings certificate issued by His Majesty in right of Newfoundland before 1 April 1949;

(b)  the income earned in Canada by a person who is not resident in Canada from ship or aircraft operations in international traffic, if the country where that person resides treats persons resident in Canada in the same manner;

(c)  (paragraph repealed);

(c.1)  an amount, other than a prescribed amount, ordinarily paid to an individual, other than a trust, as a social assistance payment based on a means, needs or income test under a program provided for by a law of Canada or of a province, to the extent that it is received directly or indirectly by the individual for the benefit of another individual, other than the individual’s spouse or a person who is related to the individual or to the individual’s spouse, if

i.  no family allowance under the Family Allowance Act (Revised Statutes of Canada, 1985, chapter F-1) or any similar allowance under a law of a province is payable in respect of the other individual for the period in respect of which the social assistance payment is made, and

ii.  throughout the period referred to in subparagraph i, the other individual resides in the individual’s principal place of residence or the individual’s principal place of residence is maintained for use as the residence of that other individual;

(c.2)  an amount received by an individual in accordance with the rates or the scale of rates of compensation determined according to the terms and conditions provided for in the Act respecting health services and social services (chapter S-4.2) or an Order in Council made under the Act respecting health services and social services for Cree Native persons (chapter S-5), where

i.  the individual is recognized as an intermediate resource or family-type resource, referred to in the Act respecting health services and social services, by an agency referred to in section 339 of that Act, or acts as a foster family, referred to in subparagraph o of the first paragraph of section 1 of the Act respecting health services and social services for Cree Native persons, and

ii.  throughout the period in respect of which the amount is received, the individual takes in at the individual’s principal place of residence a maximum of nine persons referred to the individual by a public institution described in section 98 of the Act respecting health services and social services or entrusted to the individual through a social service centre referred to in subparagraph j of the first paragraph of section 1 of the Act respecting health services and social services for Cree Native persons, or the individual maintains the individual’s principal place of residence to be used as the residence of such persons;

(c.3)  an amount received by an individual under a service contract entered into with the Minister of Public Security to establish a foster home and to facilitate the social rehabilitation of the persons required to live there, where

i.  the foster home is maintained in the individual’s principal place of residence, and

ii.  throughout the period in respect of which the individual receives the amount, a maximum of nine persons are required to live in the foster home;

(d)  interest received by a corporation resident in Canada, accrued, received or become receivable, on a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation which it receives as consideration for the disposition by it, before 18 June 1971, of a business carried on by it in a country other than Canada or all the shares of its subsidiary that carried on a business in such a country, and such of the debts and other obligations of such subsidiary as were, immediately before such disposition, owing to the corporation;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(f.1)  an amount that is credited or added to a deposit or account referred to in a foreign retirement arrangement as interest or other income in respect of the deposit or account, where the amount would, but for this paragraph, be included in computing the taxpayer’s income by reason only of such crediting or adding;

(g)  (paragraph repealed);

(h)  (paragraph repealed).

1972, c. 23, s. 387; 1973, c. 17, s. 56; 1975, c. 21, s. 14; 1975, c. 22, s. 109; 1978, c. 26, s. 83; 1982, c. 5, s. 113; 1984, c. 15, s. 105; 1987, c. 67, s. 117; 1993, c. 16, s. 199; 1994, c. 22, s. 192; 1996, c. 39, s. 143; 1997, c. 3, s. 71; 2000, c. 5, s. 117; 2002, c. 40, s. 38; 2005, c. 1, s. 117; 2005, c. 32, s. 308.

490. Paragraph d of section 489 applies only in the case of a business of a public utility or public service, if such business or the property contemplated in the said paragraph has been disposed of to a person resident in such other country and if the obligation received by the corporation has been issued or guaranteed by the government of that other country or any agent of such government.

1972, c. 23, s. 388; 1995, c. 49, s. 131; 1997, c. 3, s. 71.

CHAPTER III CERTAIN PENSIONS AND COMPENSATIONS

1972, c. 23.

491. The following shall also be excluded in computing income:

(a)  a pension payment in the case of disability or death arising out of a war from a country that was an ally of Canada at that time, if that country grants the same exemption for the year to persons receiving a pension contemplated in paragraph e;

(b)  a pension payment, a grant or an allowance in respect of death or injury sustained in the explosion in Halifax in 1917 and received from the Halifax Relief Commission the incorporation of which was confirmed by An Act respecting the Halifax Relief Commission (Statutes of Canada, 1918, chapter 24) or received pursuant to the Halifax Relief Commission Pension Continuation Act (Statutes of Canada, 1974-75-76, chapter 88);

(c)  a pension payment or compensation received under section 5, 31 or 45 of the Royal Canadian Mounted Police Pension Continuation Act (Revised Statutes of Canada, 1970, chapter R-10) or sections 32 and 33 of the Royal Canadian Mounted Police Superannuation Act (Revised Statutes of Canada, 1985, chapter R-11), in respect of an injury, disability or death;

(d)  (paragraph repealed);

(e)  compensation received under the regulations made under section 9 of the Aeronautics Act (Revised Statutes of Canada, 1985, chapter A-2), an amount received under the Gallantry Awards Order made by the Government of Canada or a pension payment, an allowance or compensation that is received under the Pension Act (Revised Statutes of Canada, 1985, chapter P-6), the Civilian War-related Benefits Act (Revised Statutes of Canada, 1985, chapter C-31) or the War Veterans Allowance Act (Revised Statutes of Canada, 1985, chapter W-3);

(e.1)  an amount received as a Canadian Forces income support benefit payable under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act (Statutes of Canada, 2005, chapter 21) or as a disability award, death benefit, clothing allowance or detention benefit payable under Part 3 of that Act; or

(f)  a payment made by the Federal Republic of Germany or by a public body performing a function of government within that country as compensation to a victim of National Socialist persecution, where such payment is exempt from income tax in the country of origin.

1972, c. 23, s. 389; 1977, c. 26, s. 59; 1984, c. 15, s. 106; 1990, c. 59, s. 178; 1993, c. 16, s. 200; 1995, c. 49, s. 132; 1996, c. 39, s. 144; 2001, c. 7, s. 50; 2006, c. 36, s. 43.

CHAPTER IV

Repealed, 1997, c. 14, s. 80.

1997, c. 14, s. 80.

492. (Repealed).

1972, c. 23, s. 390; 1993, c. 64, s. 37; 1997, c. 14, s. 80.

492.1. (Repealed).

1993, c. 64, s. 38; 1997, c. 14, s. 80.

492.2. (Repealed).

1993, c. 64, s. 38; 1995, c. 49, s. 133.

493. (Repealed).

1972, c. 23, s. 391; 1975, c. 21, s. 15; 1982, c. 56, s. 13; 1990, c. 85, s. 122; 1995, c. 1, s. 44; 1997, c. 3, s. 71; 1997, c. 14, s. 80.

493.0.1. (Repealed).

1995, c. 1, s. 45; 1997, c. 14, s. 80.

493.1. (Repealed).

1982, c. 5, s. 114; 1997, c. 14, s. 80.

CHAPTER V INCOME FROM CERTAIN PROPERTY

1973, c. 17, s. 57.

494. An individual is not required to include in computing his income the income for the year from property acquired by or on behalf of a person as indemnity for, or pursuant to an action for, damages in respect of physical or mental injury to the person, or from any property substituted for the first property and any taxable capital gain for the year from the disposition of any such property,

(a)  where the income was income from the property, if the income was earned in respect of a period before the end of the taxation year in which the person attained the age of 21 years; and

(b)  in any other case, if the person was less than 21 years of age during any part of the year.

1973, c. 17, s. 57; 1974, c. 18, s. 22; 1982, c. 5, s. 115; 1986, c. 19, s. 115; 1995, c. 1, s. 46.

495. An individual is not required to include in computing his income the income for the year from any income that is by virtue of section 494 or this section not required to be included in computing his income, unless the income is attributable to any period after the end of the taxation year in which the person on whose behalf the income was earned attained the age of 21 years.

1975, c. 21, s. 16; 1986, c. 19, s. 115; 1995, c. 1, s. 46.

496. An individual referred to in section 494 who makes, for the taxation year in which a person who suffered physical or mental injury reached 21 years of age, a valid election under subsection 5 of section 81 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to a property described in section 494, is deemed to have disposed of the property on the day preceding the date on which the person reached 21 years of age for proceeds of disposition equal to the fair market value of the property on that day and to have reacquired it immediately after at a cost equal to those proceeds.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 5 of section 81 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1977, c. 26, s. 60; 1995, c. 1, s. 46; 2005, c. 23, s. 52; 2009, c. 5, s. 171.

TITLE IX CORPORATIONS RESIDENT IN CANADA AND THEIR SHAREHOLDERS

1972, c. 23; 1997, c. 3, s. 71.

CHAPTER I TAXABLE DIVIDENDS

1972, c. 23.

497. A taxpayer shall include, in computing the taxpayer’s income for a taxation year, the aggregate of

(a)  the amount by which the aggregate of all amounts, other than an eligible dividend or an amount described in any of subparagraphs c to e, received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, taxable dividends, exceeds, if the taxpayer is an individual, the aggregate of all amounts paid by the taxpayer in the taxation year that are deemed, under section 21.32, to have been received by another person as taxable dividends, other than an eligible dividend;

(b)  the amount by which the aggregate of all amounts, other than an amount included in computing the taxpayer’s income because of any of subparagraphs c to e, received by the taxpayer in the taxation year from corporations resident in Canada as, on account of, in lieu of payment of or in satisfaction of, eligible dividends, exceeds, if the taxpayer is an individual, the aggregate of all amounts paid by the taxpayer in the taxation year that are deemed, under section 21.32, to have been received by another person as eligible dividends;

(c)  the aggregate of the taxable dividends received by the taxpayer at any time in the taxation year on a share acquired before that time and after 30 April 1989 from corporations resident in Canada under a dividend rental arrangement of the taxpayer;

(d)  the aggregate of the taxable dividends, other than a taxable dividend described in subparagraph c, received by the taxpayer in the taxation year from corporations resident in Canada that are not taxable Canadian corporations; and

(e)  if the taxpayer is a trust, the aggregate of all amounts each of which is all or part of a taxable dividend, other than a dividend described in subparagraph c or d, that was received by the trust in the taxation year on a share of the capital stock of a taxable Canadian corporation and that can reasonably be considered to have been included in computing the income of a beneficiary under the trust who was not resident in Canada at the end of the taxation year.

The taxpayer shall also include, in computing the taxpayer’s income for a taxation year, if the taxpayer is an individual, other than a trust that is a registered charity, the aggregate of

(a)  25% of the excess amount determined in respect of the taxpayer under subparagraph a of the first paragraph for the taxation year; and

(b)  the product obtained by multiplying the excess amount determined in respect of the taxpayer under subparagraph b of the first paragraph for the taxation year by

i.  45%, for the taxation year 2009,

ii.  44%, for the taxation year 2010,

iii.  41%, for the taxation year 2011, and

iv.  38%, for a taxation year subsequent to the taxation year 2011.

1972, c. 23, s. 392; 1975, c. 22, s. 110; 1978, c. 26, s. 84; 1988, c. 18, s. 48; 1990, c. 59, s. 179; 1991, c. 25, s. 80; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 2001, c. 7, s. 51; 2009, c. 5, s. 172; 2009, c. 15, s. 90.

498. A taxpayer who must, by reason of sections 316, 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1, include in computing his income for a taxation year a dividend received by another person is deemed, for the purposes of this Part, to have received such dividend.

1972, c. 23, s. 393; 1987, c. 67, s. 118; 1990, c. 59, s. 180.

498.1. If a corporation makes a valid election, for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), under subsection 2 of section 185.1 of that Act in relation to an eligible dividend (in this section referred to as the “original dividend for federal purposes”) that it paid at a particular time after 23 March 2006, the following rules apply:

(a)  despite the definition of “eligible dividend” in section 1, the amount of the dividend corresponding to the original dividend for federal purposes, that is an eligible dividend (in this section referred to as the “original dividend for Québec purposes”) that the corporation paid at the particular time is deemed to be equal to the lesser of the amount of the original dividend for Québec purposes, determined without reference to this section, and the amount of the original dividend for federal purposes, determined under paragraph a of subsection 2 of section 185.1 of the Income Tax Act;

(b)  an amount equal to the amount by which the amount of the original dividend for Québec purposes, determined without reference to this section, exceeds the amount of the original dividend for Québec purposes, determined under subparagraph a, is deemed to be a separate taxable dividend, other than an eligible dividend, that was paid by the corporation immediately before the particular time;

(c)  each shareholder of the corporation who at the particular time held any of the issued shares of the class of shares in respect of which the original dividend for Québec purposes was paid is deemed

i.  not to have received the original dividend for Québec purposes, and

ii.  to have received at the particular time

(1)  as an eligible dividend, the shareholder’s proportional share of the amount of any dividend determined under subparagraph a, and

(2)  as a taxable dividend, other than an eligible dividend, the shareholder’s proportional share of the amount of any dividend determined under subparagraph b;

(d)  a shareholder’s proportional share of the amount of a dividend paid at any time on a class of shares of the capital stock of a corporation is the proportion of that amount that the number of shares of that class held by the shareholder at that time is of the number of shares of that class outstanding at that time; and

(e)  not later than 30 days after the day on which the election is made, the corporation shall notify the Minister in writing of the election and attach to the notice a copy of every document sent to the Minister of National Revenue in connection with the election.

In the event of non-compliance with a requirement of subparagraph e of the first paragraph, the corporation incurs a penalty of $25 a day for every day the omission continues, up to $2,500.

Under this Part and despite sections 1010 to 1011, the Minister may make such assessments of the tax, interest and penalties payable as are necessary for any taxation year to give effect to the rules set out in this section in relation to the original dividend for Québec purposes, if the corporation fails to comply with a requirement of subparagraph e of the first paragraph in relation to the valid election referred to in that paragraph in respect of the original dividend for federal purposes or if the corporation makes the election after the day that is 30 months after the day on which the original dividend for federal purposes was paid.

2009, c. 5, s. 173.

499. (Repealed).

1972, c. 23, s. 394; 1986, c. 19, s. 116; 1989, c. 5, s. 69; 1997, c. 3, s. 71; 2003, c. 9, s. 31.

CHAPTER II SPECIAL RULES

1972, c. 23.

500. For the purposes of sections 501 to 517 and 556 to 568, where a dividend becomes payable for more than one class of shares of the capital-stock of a corporation at the same time, the dividend on each class is deemed to become payable at a different time.

The dividends referred to in the first paragraph are deemed to become payable in the order designated in their respect in accordance with subsection 3 of section 89 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

Chapter V.2 of Title II of Book I applies in relation to a designation made under subsection 3 of section 89 of the Income Tax Act or in relation to an election made under this section before 20 December 2006, and must, if the order referred to in the second paragraph was designated by the Minister of National Revenue, be applied, with the necessary modifications, as if the designation had been made by the corporation.

1973, c. 17, s. 58; 1982, c. 5, s. 116; 1997, c. 3, s. 71; 1997, c. 31, s. 53; 2009, c. 5, s. 174.

501. Where a dividend contemplated in section 501.1 is paid, the following rules apply:

(a)  no part of that dividend shall be included in computing the income of a shareholder of the corporation under this Title; and

(b)  in computing the adjusted cost base of a share on which such a dividend is paid, the shareholder must deduct, in respect of that dividend, an amount as provided by subparagraph i of paragraph g of section 257.

1972, c. 23, s. 395; 1973, c. 17, s. 59; 1978, c. 26, s. 85; 1997, c. 3, s. 71.

501.1. A dividend referred to in section 501 is a dividend on a share that is outstanding on 31 March 1977 of a prescribed series of tax-deferred preferred shares of a class of the capital stock of a public corporation, where that dividend becomes payable by the corporation after 1978 and, according to the case that applies to that series, not later than,

(a)  where the holder of each share of that series was entitled, under the terms and conditions in force on 31 March 1977 of those shares, to exchange it after a particular date for a share of another series or class of preferred shares of the capital stock of the corporation, that particular date;

(b)  where the corporation was required, under the terms and conditions in force on 31 March 1977 of the shares of that series, to offer to purchase from all of the holders of those shares, no later than a particular date, all of the shares of that series, that particular date; or

(c)  in any other, 1 October 1991.

1978, c. 26, s. 86; 1997, c. 3, s. 71.

501.2. A dividend that would otherwise be referred to in section 501.1 is deemed not to be such a dividend if, at the time the dividend becomes payable, the terms of the shares of the series referred to in the said section differ from the terms in force on 31 March 1977 of those shares or if the corporation issued additional shares of that series after 31 March 1977.

1978, c. 26, s. 86; 1997, c. 3, s. 71.

501.3. For the purposes of this chapter, where, after 31 March 1977, there is an amalgamation within the meaning of section 544 and, immediately before the amalgamation, the capital stock of a predecessor corporation includes a prescribed series of preferred shares contemplated in section 501.1, that series is deemed to continue to exist in the form of shares of the capital stock of the new corporation and the latter is deemed to be the same corporation as the predecessor corporation.

1979, c. 18, s. 40; 1997, c. 3, s. 71.

502. If, at a particular time after 1971, a dividend becomes payable by a private corporation on a share of its capital stock and the corporation makes an election, at the latest at the particular time or, if it is earlier, on the day on which a portion of the dividend was paid, the following rules apply:

(a)  the dividend is deemed a capital dividend to the extent of its capital dividend account immediately before the particular time; and

(b)  no portion of the dividend shall be included in computing the income of a shareholder of the corporation.

1972, c. 23, s. 396; 1973, c. 17, s. 60; 1978, c. 26, s. 87; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2006, c. 13, s. 39.

502.0.1. Notwithstanding section 502, where a dividend that, but for this section, would be a capital dividend is paid on a share of the capital stock of a corporation and the share, or another share for which the share was substituted, was acquired by the holder thereof in a transaction or as part of a series of transactions one of the main purposes of which was to receive the dividend, the following rules apply:

(a)  for the purposes of this Act, except sections 503.0.1 to 503.2, the dividend is deemed to be received by the shareholder and paid by the corporation as a taxable dividend and not as a capital dividend;

(b)  paragraph b of section 502 does not apply in respect of the dividend.

1990, c. 59, s. 181; 1997, c. 3, s. 71.

502.0.2. Section 502.0.1 does not apply in respect of a particular dividend, in respect of which an election is made under section 502, paid on a share of the capital stock of a particular corporation to an individual where it is reasonable to consider that all or substantially all of the capital dividend account of the particular corporation, as determined under section 89 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and without reference to paragraph b of section 570, immediately before the particular dividend became payable consisted of amounts other than

(a)  any amount added to the account by reason of paragraph b of the definition of “capital dividend account” in subsection 1 of section 89 of the said Act in respect of a dividend received on a share of the capital stock of another corporation which share, or another share for which the share was substituted, was acquired by the particular corporation in a transaction or as part of a series of transactions one of the main purposes of which was that the particular corporation receive the dividend, but not in respect of a dividend where it is reasonable to consider that the purpose of paying the dividend was to distribute an amount that was received by the other corporation and included in computing the other corporation’s capital dividend account, as determined under section 89 of the said Act and without reference to paragraph b of section 570, by reason of paragraph d of the definition of “capital dividend account” in subsection 1 of section 89 of the said Act;

(b)  any amount added to the account by reason of paragraph z.1 of subsection 2 of section 87 of the said Act as a result of an amalgamation or winding-up or a series of transactions including the amalgamation or winding-up that would not have been so added had the amalgamation or winding-up occurred or the series of transactions including the amalgamation or winding-up been commenced after 4:00 p.m. Eastern Daylight Saving Time, 25 September 1987;

(c)  any amount added to the account at the time when the particular corporation was controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada; or

(d)  any amount in respect of a capital gain from a disposition of a property by the particular corporation or another corporation that may reasonably be considered as having accrued while the property, or another property for which it was substituted, was a property of a corporation that was controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada.

1990, c. 59, s. 181; 1995, c. 49, s. 134; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

502.0.3. Section 502.0.1 does not apply in respect of a dividend, in respect of which an election is made under section 502, paid on a share of the capital stock of a corporation where it is reasonable to consider that the purpose of paying the dividend was to distribute an amount that was received by the corporation and included in computing its capital dividend account, as determined under section 89 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and without reference to paragraph b of section 570, by reason of paragraph d of the definition of “capital dividend account” in subsection 1 of section 89 of the said Act.

1990, c. 59, s. 181; 1995, c. 49, s. 135; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

502.0.4. Section 502.0.1 does not apply in respect of a particular dividend, in respect of which an election is made under section 502, paid on a share of the capital stock of a particular corporation to a corporation related, otherwise than by reason of a right referred to in paragraph b of section 20, to the particular corporation, and in this section referred to as the “related corporation”, where it is reasonable to consider that all or substantially all of the capital dividend account of the particular corporation, as determined under section 89 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and without reference to paragraph b of section 570, immediately before the particular dividend became payable consisted of amounts other than

(a)  any amount added to the account by reason of paragraph b of the definition of “capital dividend account” in subsection 1 of section 89 of the said Act in respect of a dividend received on a share of the capital stock of another corporation if it is reasonable to consider that any portion of the capital dividend account of that other corporation, as determined under the said section 89 and without reference to paragraph b of section 570, immediately before that dividend became payable consisted of an amount added thereto by reason of paragraph z.1 of subsection 2 of section 87 of the said Act or of paragraph b of the definition of “capital dividend account” in subsection 1 of the said section 89 as a result of a transaction or a series of transactions that would not have been so added had the transaction occurred or the series of transactions been commenced after 4:00 p.m. Eastern Daylight Saving Time, 25 September 1987;

(b)  any amount that represented the capital dividend account of a corporation, as determined under the said section 89 and without reference to paragraph b of section 570, before it became related to the related corporation;

(c)  any amount added to the account at the time when the particular corporation was controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada;

(d)  any amount in respect of a capital gain from a disposition of a property by the particular corporation or another corporation that may reasonably be considered as having accrued while the property, or another property for which it was substituted, was a property of a corporation that was controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada; or

(e)  any amount in respect of a capital gain from a disposition of a property, or another property for which it was substituted, that may reasonably be considered as having accrued while the property or the other property was a property of a person that was not related to the related corporation.

1990, c. 59, s. 181; 1995, c. 49, s. 136; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

502.1. (Repealed).

1984, c. 15, s. 107; 1987, c. 67, s. 119.

503. The election referred to in section 502 is valid only if it is made in prescribed form and prescribed manner for the total amount of the dividend.

1972, c. 23, s. 397; 1975, c. 22, s. 111; 1977, c. 26, s. 61; 1978, c. 26, s. 88; 1984, c. 15, s. 107; 1987, c. 67, s. 120; 2001, c. 53, s. 78.

503.0.0.1. For the purposes of section 502, an election that is filed after the time provided for in that section is deemed to have been filed on or before that time if

(a)  the election is made in accordance with section 503;

(b)  an estimate by the corporation of the penalty under section 503.0.0.2 is paid when the election is filed; and

(c)  the directors or any other person legally entitled to administer the affairs of the corporation has previously authorized the election.

2006, c. 13, s. 40.

503.0.0.2. The penalty referred to in paragraph b of section 503.0.0.1 is equal to the lesser of

(a)  1% per year of the amount of the dividend referred to in section 502 for each month or part of a month during the period that begins on the day on which the time provided for in section 502 for making the election expires and that ends on the day on which the election to which section 503.0.0.1 applies is filed with the Minister; and

(b)  an amount equal to the product obtained by multiplying $500 by the proportion that the number of months included, in whole or in part, in the period described in paragraph a is of 12.

2006, c. 13, s. 40.

503.0.0.3. The Minister shall examine with dispatch the election to which section 503.0.0.1 applies, determine the penalty payable and send a notice of assessment to the corporation, which shall pay the unpaid balance of the penalty to the Minister without delay.

2006, c. 13, s. 40.

503.0.1. Where a corporation has made an election under one or another of sections 502, 1106, 1113 and 1116 in respect of the total amount of a dividend payable by the corporation at a particular time and has later made a valid prescribed election in respect of that dividend, the prescribed rules arising from the prescribed election also apply, with the necessary modifications, for the purposes of this Act and the corporation having made the latter election shall, upon or before making the election, inform the Minister in a manner satisfactory to the Minister and send to the Minister the prescribed documents.

1988, c. 4, s. 36; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2001, c. 53, s. 79.

503.1. Where a dividend becomes payable by a corporation at a particular time after 31 March 1977 and before 1979, the corporation may elect that all or part of the dividend be deemed, for the purposes of this Act, not to be a dividend but to be a loan made at the particular time by the corporation to the persons who received all or any portion of the dividend if it makes such election in prescribed manner.

Sections 111 to 119.1 and 487.1 to 487.5 do not apply to a loan contemplated in the first paragraph.

1982, c. 5, s. 117; 1984, c. 15, s. 108; 1997, c. 3, s. 71.

503.2. Where a corporation has made an election under section 502 in respect of the total amount of a dividend payable by the corporation at a particular time after 3 December 1985 and before 1 January 1986 and has later made a valid prescribed election in respect of that dividend, the following rules apply:

(a)  the whole or the part of the dividend for which the prescribed election was made is, for the purposes of this Part, deemed to be not a dividend but a loan in respect of which sections 111 to 119.1 and 487.1 to 487.5.4 do not apply, made at the particular time by the corporation to the persons who received the whole or a part of the dividend if the full amount of the loan is repaid to the corporation according to the prescribed terms and conditions;

(b)  the corporation shall upon or before making the prescribed election notify the Minister and send to the Minister the prescribed documents.

1988, c. 4, s. 37; 1997, c. 3, s. 71; 2001, c. 53, s. 80.

CHAPTER III DEEMED DIVIDENDS

1972, c. 23; 1994, c. 22, s. 193.

DIVISION I SHARES OF A CORPORATION

1975, c. 22, s. 112; 1997, c. 3, s. 71.

504. (1)  A corporation resident in Canada which, at a particular time after 31 December 1971, increases its paid-up capital in respect of the shares of a given class of its capital stock, is deemed to have then paid, on the issued shares of such class, a dividend equal to the excess of the increase in the paid-up capital over the aggregate of the amount of the increase in the value of the assets or the decrease in the liabilities, as the case may be, contemplated in paragraph b of subsection 2, of the amount of the reduction contemplated in paragraph c of subsection 2 and of the amount of the increase in the paid-up capital that resulted from a conversion referred to in any of paragraphs d to f of subsection 2.

(2)  Subsection 1 does not apply if the increase in the paid-up capital is the result of:

(a)  the payment of a stock dividend;

(b)  a transaction by which the value of the assets less the liabilities has been increased by an amount at least equal to the increase in the paid-up capital in respect of the shares of the class contemplated, or by which the liabilities less the value of the assets has been decreased by such an amount;

(c)  a transaction by which the paid-up capital in respect of shares of other classes of the capital stock of the corporation has been reduced by an amount at least equal to the increase in the paid-up capital in respect of the shares of such class;

(d)  a transaction by which an insurance corporation converts contributed surplus related to its insurance business into paid-up capital in respect of the shares of its capital stock;

(e)  a transaction by which a bank converts contributed surplus resulting from the issuance of shares of its capital stock into paid-up capital in respect of shares of its capital stock; or

(f)  a transaction by which a corporation, other than an insurance corporation or a bank, converts into paid-up capital in respect of a class of shares of its capital stock any of its contributed surplus resulting, after 31 March 1977,

i.  from the issuance of shares of that class or shares of another class for which shares of that class were substituted, other than an issuance to which any of sections 236.3, 301, 301.1, 419 and 419.0.1 or Chapters III.1 to VI apply,

ii.  from the acquisition of property by the corporation from a person who, at the time of the acquisition, held any of the issued shares of that class or shares of another class for which shares of that class were substituted, where the property is acquired for no consideration or for consideration that does not include shares of the capital stock of the corporation, or

iii.  from a transaction by which the paid-up capital in respect of that class of shares or in respect of shares of another class for which shares of that class were substituted was reduced by the corporation, to the extent of the reduction in paid-up capital that resulted from the transaction.

1972, c. 23, s. 398; 1982, c. 5, s. 118; 1990, c. 59, s. 182; 1993, c. 16, s. 201; 1995, c. 49, s. 137; 1997, c. 3, s. 71; 2010, c. 25, s. 37.

504.1. For the purposes of paragraph f of subsection 2 of section 504, there shall be deducted in determining at any time the contributed surplus of a corporation that results, after 31 March 1977, from any event described in that paragraph the lesser of

(a)  the amount by which the amount of a dividend paid by the corporation at or before that time and after 31 March 1977 while being a public corporation, exceeds its retained earnings immediately before the payment of the dividend, and

(b)  the amount of the contributed surplus of the corporation immediately before the payment of the dividend referred to in paragraph a, that results, after 31 March 1977, from any event described in paragraph f of subsection 2 of section 504.

1993, c. 16, s. 202; 1997, c. 3, s. 71.

504.2. For the purposes of subparagraph ii of paragraph f of subsection 2 of section 504, where the property acquired by the corporation consists of shares of any class of the capital stock of another corporation resident in Canada, in this section referred to as the “particular corporation”, and, immediately after the acquisition, the particular corporation is connected, within the meaning of the regulations, with the corporation, the contributed surplus of the corporation that arose on the acquisition is deemed to be the lesser of

(a)  the amount added to the contributed surplus of the corporation on the acquisition, and

(b)  the amount by which the paid-up capital in respect of the shares at the time of the acquisition exceeded the fair market value of any consideration given by the corporation for the shares.

1995, c. 49, s. 138; 1997, c. 3, s. 71.

505. A corporation resident in Canada the funds or property of which have, at any time after 31 March 1977, been distributed or otherwise appropriated in any manner whatever to or for the benefit of the shareholders of any class of shares in its capital stock, pursuant to the winding-up, discontinuance or reorganization of its business, is deemed to have paid at that time a dividend on the shares of that class equal to the amount by which the amount of the funds or value of the property so distributed or appropriated exceeds the amount of the reduction of the paid-up capital in respect of the shares of that class pursuant to that distribution or appropriation.

1972, c. 23, s. 399; 1978, c. 26, s. 89; 1997, c. 3, s. 71.

506. A corporation resident in Canada which, at any time after 1977, by way of a transaction other than that described in section 505, redeems, acquires or cancels a share of any class of its capital stock, is deemed to pay at that time, on a separate class of shares comprising the shares that are the subject of that transaction, a dividend equal to the amount by which the amount paid for that transaction by the corporation exceeds the paid-up capital in respect of those shares immediately before that time.

1972, c. 23, s. 400; 1978, c. 26, s. 89; 1997, c. 3, s. 71.

506.1. Any amount paid by a public corporation on the reduction of the paid-up capital in respect of any class of shares of its capital stock, otherwise than by way of a redemption, acquisition or cancellation of a share of that class or by way of a transaction described in section 505 or Chapter V, is deemed to have been paid by the corporation and received by the person to whom it was paid, as a dividend, unless

(a)  the amount may reasonably be considered to be derived from proceeds of disposition realized by the corporation, or by a person or partnership in which the corporation had a direct or indirect interest at the time that the proceeds were realized, from a transaction that occurred

i.  outside the ordinary course of the business of the corporation, or of the person or partnership that realized the proceeds, and

ii.  within the period that began 24 months before the payment; and

(b)  no amount that may reasonably be considered to be derived from those proceeds was paid by the corporation on a previous reduction of the paid-up capital in respect of any class of shares of its capital stock.

1979, c. 18, s. 41; 1997, c. 3, s. 71; 2009, c. 5, s. 175.

507. A corporation resident in Canada which has, at any time after 31 March 1977, reduced the paid-up capital in respect of any class of shares of its capital stock in a manner other than those referred to in sections 505 to 506.1, is deemed to have paid at that time, on the shares of that class, a dividend equal to the amount by which the amount it pays in respect to that reduction, exceeds the amount of that reduction.

1972, c. 23, s. 401; 1978, c. 26, s. 89; 1979, c. 18, s. 42; 1997, c. 3, s. 71.

508. Where, at any time after 16 November 1978, the paid-up capital of a term preferred share owned by a shareholder that is a specified financial institution or a partnership or trust of which such institution or a person related thereto is a member or a beneficiary and acquired in the ordinary course of the business carried on by the shareholder, is reduced otherwise than as described in sections 505 to 506.1, or where, under sections 504 to 507, a dividend is deemed to have been paid at a particular time on a particular class of shares, for a determined value, the owner of the term preferred share at that time or each person holding shares of that class at that time or immediately after that time in the case contemplated in section 504, is deemed to receive as a dividend, in the case of such a reduction of the paid-up capital of the term preferred share, or in the case contemplated in section 506.1, an amount equal to the amount he in fact receives in respect of the reduction of the paid-up capital or, in other cases, an amount equal to the proportion of the value of the dividend so deemed to have been paid that

(a)  the number of shares of that class which he holds immediately before that particular time is of the total number of issued shares of that class immediately before that time, in the cases contemplated in sections 505 and 507, or the number of shares of that separate class which he holds at that time is of the total number of shares of that separate class, in the case contemplated in section 506; or

(b)  the number of shares of that class which he holds immediately after that particular time is of the total number of shares of that class issued immediately after that time, in the case contemplated in section 504.

1972, c. 23, s. 402; 1978, c. 26, s. 90; 1979, c. 18, s. 43; 1980, c. 13, s. 50; 1982, c. 5, s. 119; 1990, c. 59, s. 183; 1997, c. 3, s. 71.

508.1. Where, at any time after 31 December 1987, the paid-up capital in respect of a share of the capital stock of a particular corporation is reduced otherwise than as described in sections 505 to 506.1 and the share is owned by a shareholder that is another corporation that would be denied, by reason of sections 740.2 to 740.3.1 or section 740.5, the deduction under section 738, 740 or 845 in respect of a dividend received on the share, if the particular corporation were a taxable Canadian corporation, or by a partnership or trust of which such other corporation is a member or a beneficiary, the amount received by the shareholder on the reduction of the paid-up capital in respect of the share is deemed to be a dividend received by the shareholder at that time.

1990, c. 59, s. 184; 1997, c. 3, s. 71.

509. For the purposes of sections 505 to 508, where the property referred to in section 505 or the amount paid by the corporation and referred to in section 506 or 507 includes a share of the capital stock of that corporation, the following rules apply:

(a)  in computing the value of that property at any time, the share must be valued at an amount equal to its paid-up capital at that time; and

(b)  in computing that amount at any time, the share must be valued at an amount equal to the amount by which the paid-up capital in respect of the class of shares in which it is comprised has increased by virtue of its issue.

1972, c. 23, s. 403; 1978, c. 26, s. 91; 1997, c. 3, s. 71.

509.1. (Repealed).

1991, c. 8, s. 8; 1995, c. 63, s. 39; 1997, c. 14, s. 81; 2009, c. 15, s. 91.

510. Sections 505 and 506 do not apply in respect of any transaction or event to the extent that section 504 applies in respect of that transaction or event, or in respect of any purchase, by a corporation, of one or more of its shares in the open market in the manner in which shares would normally be purchased by any member of the public.

1972, c. 23, s. 404; 1990, c. 59, s. 185; 1997, c. 3, s. 71.

510.0.1. Where the shareholder of a corporation disposes of a share of the capital stock of the corporation as a result of the redemption, acquisition or cancellation of the share by the corporation, he is, for the purpose of this Part, deemed to dispose of the share to the corporation.

1986, c. 19, s. 117; 1997, c. 3, s. 71.

510.1. Section 508 does not apply to deem a dividend to have been received by a shareholder of a public corporation where that section would otherwise have been applicable as a consequence of the application of section 506 and the following conditions are met:

(a)  the shareholder is an individual resident in Canada who deals at arm’s length with the corporation;

(b)  the shares redeemed, acquired or cancelled are prescribed shares of the capital stock of the corporation.

1984, c. 15, s. 109; 1985, c. 25, s. 94; 1987, c. 67, s. 121; 1997, c. 3, s. 71.

DIVISION II DEBTS OF A CORPORATION

1975, c. 22, s. 113; 1997, c. 3, s. 71.

511. In computing the adjusted cost base, after 31 March 1977, of a debt owing to an individual by a corporation on 31 March 1977, the individual must deduct the amount of any dividend he would be deemed to have received on that date if the corporation had paid the debt in full on that date.

However, this section does not apply where the debt contemplated in the first paragraph is converted, after 31 March 1977 and before 1979, into shares of a particular class of the capital stock of the corporation and the debt was owing to the individual by the corporation continuously from 31 March 1977 until the time of that conversion.

1975, c. 22, s. 113; 1978, c. 26, s. 92; 1997, c. 3, s. 71.

512. (Replaced).

1975, c. 22, s. 113; 1978, c. 26, s. 92.

513. (Replaced).

1975, c. 22, s. 113; 1978, c. 26, s. 92.

514. (Replaced).

1975, c. 22, s. 113; 1978, c. 26, s. 92.

515. (Replaced).

1975, c. 22, s. 113; 1978, c. 26, s. 92.

516. (Replaced).

1975, c. 22, s. 113; 1978, c. 26, s. 92.

DIVISION III RULE APPLICABLE TO PAYMENT

1975, c. 22, s. 113.

517. A dividend that is deemed by this chapter, Chapter III.1 or Chapter I of Title I.1 of Book VI to have been paid at a particular time is deemed, for the purposes of this Title, to have become payable at that time.

1972, c. 23, s. 405; 1993, c. 16, s. 203; 2001, c. 53, s. 81; 2004, c. 8, s. 104.

CHAPTER III.1 NON-ARM’S LENGTH DISPOSITION OF SHARES

1978, c. 26, s. 93.

517.1. The rules provided in this chapter apply where, after 22 May 1985, a taxpayer resident in Canada other than a corporation disposes of shares, hereinafter referred to as the “subject shares”, that are capital property for him, of any class of the capital stock of a particular corporation resident in Canada in favour of another corporation, hereinafter referred to as the “purchaser corporation”, with which he does not deal at arm’s length and, immediately after the disposition, the particular corporation is connected, within the meaning of the regulations, with the purchaser corporation.

1978, c. 26, s. 93; 1979, c. 18, s. 44; 1987, c. 67, s. 122; 1997, c. 3, s. 71.

517.2. For the purposes of this Part, a dividend equal to the amount by which the aggregate determined under section 517.3 exceeds the aggregate determined under section 517.3.1 is deemed to have been paid to the taxpayer by the purchaser corporation, and received by the taxpayer from the purchaser corporation, at the time of the disposition.

1978, c. 26, s. 93; 1987, c. 67, s. 122; 1993, c. 16, s. 204.

517.3. The aggregate referred to in the first instance in section 517.2 is the sum of

(a)  the increase, determined without reference to section 84.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) as it applies to the acquisition of the subject shares, in the paid-up capital in respect of all shares of the capital stock of the purchaser corporation as a result of the issue by that corporation of new shares as consideration for the subject shares;

(b)  the fair market value, immediately after the disposition, of any consideration, other than the new shares, received by the taxpayer from the purchaser corporation for the subject shares.

1978, c. 26, s. 93; 1984, c. 15, s. 110; 1987, c. 67, s. 122.

517.3.1. The aggregate referred to in the second instance in section 517.2 is the sum of

(a)  the greater of

i.  the paid-up capital, immediately before the disposition, in respect of the subject shares, and

ii.  subject to sections 517.4 to 517.4.2, the adjusted cost base to the taxpayer, immediately before the disposition, of the subject shares;

(b)  the aggregate of all amounts required to be deducted by the purchaser corporation under paragraph a of subsection 1 of section 84.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing the paid-up capital in respect of any class of shares of its capital stock by virtue of the acquisition of the subject shares.

1987, c. 67, s. 122.

517.4. For the purposes of this chapter, where a share disposed of by a taxpayer was acquired by him before 1 January 1972, the adjusted cost base to the taxpayer of the share at any time is deemed to be equal to the aggregate of

(a)  the amount that would be its adjusted cost base to him if the Act respecting the application of the Taxation Act (chapter I-4) were read without reference to the first two paragraphs of section 68 or to section 72;

(b)  all amounts each of which is an amount received by the taxpayer after 31 December 1971 and before that time as a dividend on the share and in respect of which the corporation that paid the dividend has made an election under section 501 as it read in its application to a dividend that became payable before 1 January 1979.

1978, c. 26, s. 93; 1987, c. 67, s. 122; 1990, c. 59, s. 186; 1997, c. 3, s. 71.

517.4.1. For the purposes of this chapter, where a share disposed of by a taxpayer was acquired by him after 31 December 1971 from a person with whom he was not dealing at arm’s length, was a share substituted for such a share or was a share substituted for a share owned by the taxpayer at the end of 1971, the adjusted cost base to the taxpayer of the share at any time is deemed to be the amount by which its adjusted cost base to him, otherwise determined, exceeds the amount determined under section 517.4.2.

1987, c. 67, s. 122; 1990, c. 59, s. 186.

517.4.2. The amount referred to in section 517.4.1 is equal to the aggregate of

(a)  where the share or a share for which the share was substituted was owned at the end of 1971 by the taxpayer or a person with whom the taxpayer did not deal at arm’s length, the amount by which the fair market value of the share or the share for which it was substituted, on valuation day, within the meaning of section 49 of the Act respecting the application of the Taxation Act (chapter I-4), exceeds the aggregate of

i.  the actual cost, within the meaning of section 54 of the said Act, of the share or the share for which it was substituted, on 1 January 1972, to the taxpayer or the person with whom he did not deal at arm’s length, and

ii.  all amounts each of which is an amount received by the taxpayer or the person with whom he did not deal at arm’s length after 31 December 1971 and before that time as a dividend on the share or the share for which it was substituted and in respect of which the corporation that paid the dividend has made an election under section 501, as it read in its application to a dividend that became payable before 1 January 1979;

(b)  the aggregate of all amounts each of which is an amount determined after 31 December 1984 under that part of section 234 which precedes subparagraph b of the first paragraph in respect of a previous disposition of the share or a share for which the share was substituted, or such lesser amount as is established by the taxpayer to be the amount in respect of which a deduction under sections 726.6 to 726.20 was claimed, by the taxpayer or an individual with whom the taxpayer did not deal at arm’s length.

1987, c. 67, s. 122; 1990, c. 59, s. 187; 1997, c. 3, s. 71.

517.4.3. For the purposes of sections 517.4.1 and 517.4.2,

(a)  where at any time a corporation issues a share of its capital stock to a taxpayer, the taxpayer and the issuing corporation are deemed not to be dealing with each other at arm’s length at that time;

(b)  where a taxpayer is deemed, because of subparagraph a of the first paragraph of section 726.9.2, to have reacquired a share, the taxpayer is deemed to have acquired the share at the beginning of 23 February 1994 from a person with whom the taxpayer was not dealing at arm’s length; and

(c)  where a share owned by a particular person, or a share substituted for that share, has by one or more transactions or events between persons not dealing at arm’s length become vested in another person, the particular person and the other person are deemed at all times not to be dealing at arm’s length with each other whether or not the particular person and the other person coexisted.

1987, c. 67, s. 122; 1997, c. 3, s. 71; 2001, c. 7, s. 52.

517.4.4. For the purposes of paragraph b of section 517.4.2, where a taxpayer or an individual with whom the taxpayer does not deal at arm’s length, in this section referred to as the “transferor”, disposes of a share in a taxation year and deducts an amount under subparagraph b of the first paragraph of section 234 in computing the gain for the year from the disposition, in this section referred to as the “particular disposition”, the amount in respect of which an amount was deducted under Title VI.5 of Book IV in respect of the transferor’s gain from the particular disposition is deemed to be equal to the lesser of

(a)  the aggregate of

i.  the amount deducted by the transferor for the year under subparagraph b of the first paragraph of section 234 in respect of the particular disposition, and

ii.  subject to the third paragraph, twice the amount deducted under Title VI.5 of Book IV in computing the taxable income of the transferor for the year in respect of the taxable capital gain from the particular disposition, and

(b)  subject to the third paragraph, twice the maximum amount that could have been deducted under Title VI.5 of Book IV in computing the taxable income of the transferor for the year in respect of the taxable capital gain from the particular disposition, if

i.  no amount had been deducted by the transferor under subparagraph b of the first paragraph of section 234 in computing the gain for the year from the particular disposition, and

ii.  all amounts deducted under Title VI.5 of Book IV in computing the taxable income of the transferor for the year in respect of the taxable capital gain from the disposition of property to which this section does not apply, were deducted before determining the maximum amount that could have been deducted under the said Title in respect of the taxable capital gain from the particular disposition.

For the purposes of subparagraph ii of subparagraph b of the first paragraph, and subject to the third paragraph, 1/2 of the aggregate of all amounts determined under this section for the year in respect of other property disposed of before the particular disposition are deemed to have been deducted under Title VI.5 of Book IV in computing the taxable income of the transferor for the year in respect of taxable capital gains from the disposition of property to which this section does not apply.

Where the taxation year of the transferor includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the reference to the word “twice” in subparagraph ii of subparagraph a of the first paragraph and the portion of subparagraph b of that paragraph before subparagraph i shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the transferor for the year; and

(b)  the reference to the fraction “1/2” in the second paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the transferor for the year.

1993, c. 16, s. 205; 2003, c. 2, s. 134.

517.4.5. For the purposes of section 517.4.4, if more than one share to which that section applies is disposed of in a taxation year, each such share is deemed to have been separately disposed of in the order designated by the taxpayer after 19 December 2006 in accordance with subsection 2.1 of section 84.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in relation to those shares.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subsection 2.1 of section 84.1 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1993, c. 16, s. 205; 2009, c. 5, s. 176.

517.5. For the purposes of this chapter, a taxpayer is deemed not to deal at arm’s length with the corporation in favour of which a disposition contemplated in section 517.1 is made if, immediately before the disposition, he is a member of a group of less than six persons that controls the corporation the share of which is disposed of and if, immediately after the disposition, he is a member of a group of less than six persons that controls the corporation in favour of which the disposition is made, each member of which is a member of the group of less than six persons that, immediately before the disposition, controlled the corporation the share of which is disposed of.

1978, c. 26, s. 93; 1979, c. 18, s. 45; 1997, c. 3, s. 71.

517.5.0.1. For the purposes of section 517.5,

(a)  a group of persons in respect of a corporation means any two or more persons each of whom owns shares of the capital stock of the corporation;

(b)  a corporation that is controlled by one or more members of a particular group of persons in respect of that corporation is deemed to be controlled by that group of persons; and

(c)  a corporation may be controlled by a person or a particular group of persons notwithstanding that the corporation is also controlled or deemed to be controlled by another person or group of persons.

1994, c. 22, s. 194; 1997, c. 3, s. 71.

517.5.1. For the purpose of determining whether or not a taxpayer referred to in section 517.5 is a member, at any time, of a group referred to in that section, that taxpayer is deemed to be the owner at that time of any share owned by any of the following persons:

(a)   the taxpayer’s child, within the meaning of subparagraph d of the first paragraph of section 451, who is under 18 years of age, or the taxpayer’s spouse;

(b)  a trust of which the taxpayer, a person described in paragraph a or a corporation described in paragraph c is a beneficiary;

(c)  a corporation controlled by the taxpayer, by a person described in paragraph a, by a trust described in paragraph b or by any combination thereof.

Furthermore, that person is deemed, for those purposes, not to be the owner of that share.

1979, c. 18, s. 45; 1980, c. 13, s. 51; 1993, c. 16, s. 206; 1997, c. 3, s. 71; 2004, c. 8, s. 105.

517.5.2. For the purposes of this chapter, a trust and a beneficiary of the trust or a person related to a beneficiary of the trust are deemed not to deal with each other at arm’s length.

1993, c. 16, s. 207.

517.6. (Repealed).

1978, c. 26, s. 93; 1987, c. 67, s. 123.

CHAPTER IV TRANSFERS TO A CORPORATION

1972, c. 23; 1975, c. 22, s. 114; 1997, c. 3, s. 71.

DIVISION I GENERALITIES

1972, c. 23.

518. The rules provided for in this division and in Divisions II and III apply where a taxpayer disposes of any of the taxpayer’s property to a taxable Canadian corporation for consideration that includes a share of the capital stock of the corporation, if the taxpayer and the corporation make a valid election for the purposes of subsection 1 of section 85 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the disposition or, where that election cannot be made by reason of paragraph 21.2 of section 13 of that Act, make an election, in the prescribed form referred to in the first paragraph of section 520.1, to apply the rules in respect of the disposition.

1972, c. 23, s. 406; 1973, c. 17, s. 61; 1975, c. 22, s. 115; 1982, c. 5, s. 120; 1986, c. 15, s. 86; 1986, c. 19, s. 118; 1990, c. 59, s. 188; 1997, c. 3, s. 71; 1997, c. 31, s. 54; 1997, c. 85, s. 82; 2000, c. 39, s. 25; 2003, c. 9, s. 32.

518.1. (Repealed).

1990, c. 59, s. 189; 1993, c. 16, s. 208; 1994, c. 22, s. 195; 1996, c. 39, s. 145; 1998, c. 16, s. 169; 2000, c. 39, s. 26.

518.2. (Repealed).

1993, c. 16, s. 209; 1997, c. 3, s. 71; 1997, c. 85, s. 83.

519. (Repealed).

1975, c. 22, s. 116; 1977, c. 26, s. 62; 1978, c. 26, s. 94; 1979, c. 38, s. 20; 1986, c. 15, s. 87; 1997, c. 85, s. 83.

519.1. (Repealed).

1986, c. 15, s. 87; 1991, c. 8, s. 9; 1997, c. 85, s. 83.

519.2. (Repealed).

1986, c. 15, s. 87; 1991, c. 8, s. 10; 1997, c. 85, s. 83.

520. (Repealed).

1975, c. 22, s. 116; 1986, c. 15, s. 87; 1997, c. 85, s. 83.

520.1. Where section 518 applies in respect of the disposition of property, the prescribed form and, if the election made by the taxpayer and the corporation is the first election mentioned in that section, a copy of every document sent to the Minister of Revenue of Canada in respect of the disposition in connection with that election, shall be sent to the Minister.

The prescribed form shall also be sent to the Minister where an application is made to the Minister under the third paragraph of section 522 in respect of the disposition.

In addition, the taxpayer incurs, solidarily with the corporation, a penalty equal

(a)  where a document referred to in the first paragraph is not sent to the Minister on or before the date, referred to as the “particular date” in subparagraph i, that is the later of the earliest of the filing-due dates for the persons having made the election referred to in section 518 in respect of the disposition for the taxation year in which the disposition was made and the date of the last day of the two-month period following the end of the taxation year which, of the taxation years of those persons, ends the latest, to the lesser of

i.  0.25% of the amount by which the fair market value of the property at the time of the disposition exceeds the proceeds of disposition of the property, for each month or part of a month during the period beginning on the particular date and ending on the day on which the documents have all been sent to the Minister, and

ii.  the product obtained by multiplying $100 by the number of months each of which is a month all or part of which is during the period referred to in subparagraph i, or

(b)  where an application made to the Minister in respect of a disposition under the third paragraph of section 522 is granted by the Minister, to the lesser of the amounts that would be determined in respect of the disposition under subparagraphs i and ii of subparagraph a if the reference in subparagraph i to “the documents have all been sent to the Minister” were a reference to “the prescribed form referred to in the second paragraph is sent to the Minister”; in such case, this subparagraph is deemed not to apply in respect of any other such application made previously in respect of the disposition.

However, the total amount of the penalties that the taxpayer incurs, solidarily with the corporation, under the third paragraph in respect of the disposition may not exceed the greater of the penalties that the taxpayer would otherwise incur, solidarily with the corporation, in respect of the disposition under subparagraph a or subparagraph b of the third paragraph nor $5,000.

1997, c. 85, s. 84; 2000, c. 5, s. 293; 2000, c. 39, s. 27; 2003, c. 9, s. 33.

520.2. Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to give effect to the rules provided for in this division and in Divisions II and III in respect of the disposition of property.

1997, c. 85, s. 84.

520.3. (Repealed).

2002, c. 40, s. 39; 2009, c. 5, s. 177.

521. Where property to which section 518 applies is taxable Québec property or taxable Canadian property, a share referred to therein received as consideration for the disposition thereof is also deemed to be taxable Québec property or taxable Canadian property, as the case may be.

1975, c. 22, s. 116.

521.1. (Repealed).

1989, c. 5, s. 70; 1993, c. 16, s. 210.

DIVISION II VALUATION OF TRANSFERRED PROPERTY

1972, c. 23.

521.2. Subject to section 522, where the taxpayer and the corporation make the first election mentioned in section 518 in respect of the disposition of property, the taxpayer’s proceeds of disposition of the property and the cost to the corporation of the property are deemed to be equal to such amount as is established in respect of the property under subsection 1 of section 85 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), except that, for the purposes of paragraphs b and c of section 528, the proceeds of disposition of the property are deemed to be equal to that amount established without reference to paragraph e.2 of subsection 1 of that section 85.

1997, c. 85, s. 85; 2003, c. 9, s. 34.

522. Notwithstanding section 521.2 and subject to the fourth paragraph, where the taxpayer and the corporation make the election referred to in section 518 in respect of the disposition of property, where the conditions described in the second paragraph are met for the transferor and for the transferee, where the prescribed form referred to in the first paragraph of section 520.1 is sent to the Minister on or before the end of a three-year period, or a longer period allowed by the Minister in the circumstances, that follows the particular date referred to in subparagraph i of subparagraph a of the third paragraph of section 520.1 in respect of the disposition and where, in the prescribed form referred to in the first paragraph of section 520.1 or, if the application made to the Minister under the third paragraph in respect of the disposition is granted by the Minister, in the prescribed form referred to in the second paragraph of section 520.1, the taxpayer and the corporation jointly agree on an amount in respect of the property, the amount so agreed on is deemed to be

(a)  the taxpayer’s proceeds of disposition of the property and the cost of the property to the corporation;

(b)  subject to subparagraph c, equal to the fair market value, at the time of the disposition, of the consideration received by the taxpayer for the property if the amount agreed on is actually less than that fair market value and if the consideration is not a share of the capital stock of the corporation or a right to receive any such share; and

(c)  equal to the fair market value of the property, at the time of the disposition, if the amount agreed on is actually greater than that fair market value.

The conditions referred to in the first paragraph are as follows:

(a)  in the case of an individual, the individual must be resident in Québec at the end of the individual’s taxation year in which the disposition is made and, if the second paragraph of section 22 applies to the individual for that year, the proportion applicable in respect of the individual in that second paragraph for that year must be not less than 9/10;

(b)  in the case of a corporation, the proportion that the business carried on by the corporation in Québec is of the aggregate of the business carried on in Canada or in Québec and elsewhere established by the regulations made under section 771 for its taxation year in which the disposition is made, must be not less than 9/10; and

(c)  in the case of a partnership, the proportion that the business carried on in Québec is of the aggregate of the business carried on in Canada or in Québec and elsewhere that would be established in its respect by the regulations made under section 771 for its taxation year in which the disposition is made if the partnership were a corporation and if its fiscal period were a taxation year, must be not less than 9/10.

In addition, the Minister may, on a joint application by the taxpayer and by the corporation, allow, for the purposes of the first paragraph in respect of the disposition, the taxpayer and the corporation

(a)  where the election made by the taxpayer and the corporation is the first election mentioned in section 518, to agree on an amount in respect of the property if they have not done so in the prescribed form referred to in the first paragraph of section 520.1;

(b)  where the election made by the taxpayer and the corporation is the first election mentioned in section 518, to be deemed never to have agreed on an amount in respect of the property; or

(c)  to agree on a new amount in respect of the property, which amount is deemed to be the only amount agreed on in respect of the property for the purposes of the first paragraph.

However, where the election made by the taxpayer and the corporation is the first election mentioned in section 518, this section does not apply in respect of the disposition unless all or substantially all of the difference between the amount that would, but for this section, be determined in respect of the property under section 521.2 and the amount agreed on in its respect in the first paragraph, is justified by a difference between the cost amount of the property to the taxpayer, immediately before the disposition, for the purposes of Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and the cost amount, at that time, for the purposes of this Part, or by another reason considered by the Minister to be acceptable in the circumstances.

Where the election made by the taxpayer and the corporation in respect of the disposition is not the first election mentioned in section 518 and, but for this paragraph, any of the conditions for the application of the first paragraph in respect of the disposition is not met, the election is deemed, notwithstanding section 518, never to have been made by the taxpayer and the corporation in respect of the disposition.

1972, c. 23, s. 407; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 85, s. 86; 2002, c. 40, s. 40; 2003, c. 9, s. 35; 2010, c. 25, s. 38.

522.1. (Repealed).

2002, c. 40, s. 41; 2003, c. 9, s. 36; 2009, c. 5, s. 178.

522.2. (Repealed).

2002, c. 40, s. 41; 2009, c. 5, s. 178.

522.3. (Repealed).

2002, c. 40, s. 41; 2009, c. 5, s. 178.

522.4. (Repealed).

2002, c. 40, s. 41; 2009, c. 5, s. 178.

522.5. (Repealed).

2002, c. 40, s. 41; 2009, c. 5, s. 178.

523. Where, in accordance with section 522, the taxpayer and the corporation have jointly agreed in the prescribed form on an amount in respect of property described in section 524, the amount is deemed, notwithstanding subparagraphs b and c of the first paragraph of section 522, but subject to the second paragraph, to be equal to the least of the amounts described in paragraph a, b or c, as the case may be, of section 524.

However, the amount shall in no case be less than the amount that is deemed to be the amount agreed on under subparagraph b of the first paragraph of section 522, subject to subparagraph c of that paragraph.

1972, c. 23, s. 408; 1975, c. 22, s. 117; 1997, c. 3, s. 71; 1997, c. 85, s. 87.

524. Section 523 applies where the property disposed of is

(a)  incorporeal capital property, in respect of a business of the taxpayer, the proceeds of disposition of which would otherwise be less than the least of

i.  4/3 of the eligible incorporeal capital amount of the taxpayer in respect of the business immediately before the disposition,

ii.  the cost to the taxpayer of the property, and

iii.  the fair market value of the property at the time of its disposition;

(b)  depreciable property of a prescribed class the proceeds of disposition of which would otherwise be less than the least of

i.  the undepreciated capital cost to the taxpayer of all property of that class immediately before the disposition,

ii.  the cost to the taxpayer of the property, and

iii.  the fair market value of the property at the time of its disposition; and

(c)  capital property, other than depreciable property of a prescribed class, an inventory, a NISA Fund No. 2, a farm income stabilization account or a property that is referred to in paragraph g or g.1 of subsection 1.1 of section 85 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and the amount agreed upon in accordance with section 522 in the prescribed form in respect of the property is less than the lesser of

i.  the fair market value of the property at the time of the disposition, and

ii.  the cost amount to the taxpayer of the property at the time of disposition.

1972, c. 23, s. 409; 1975, c. 22, s. 118; 1982, c. 5, s. 121; 1990, c. 59, s. 190; 1994, c. 22, s. 196; 1996, c. 39, s. 146; 1997, c. 85, s. 88; 2000, c. 39, s. 28; 2004, c. 21, s. 84; 2005, c. 1, s. 118.

524.0.1. Where incorporeal capital property in respect of a business of a taxpayer was disposed of by the taxpayer to a corporation and the election referred to in section 518 was made in respect of the property, for the purpose of determining, after the time of the disposition, the amount to be included under paragraph b of section 105 in computing the income of the corporation, the corporation shall add to the amount otherwise determined under subparagraph ii of subparagraph a of the second paragraph of section 107, the amount determined by the formula

[A × (B / C)] − 2 (D − E).

For the purposes of the formula in the first paragraph,

(a)  A is the amount determined in respect of the taxpayer’s business under subparagraph ii of subparagraph a of the second paragraph of section 107 immediately before the time of the disposition;

(b)  B is the fair market value immediately before that time of the incorporeal capital property;

(c)  C is the fair market value immediately before that time of the aggregate of the incorporeal capital property of the taxpayer in respect of the taxpayer’s business;

(d)  D is the amount that would be included under section 105 in computing the taxpayer’s income as a result of the disposition if the amounts determined under subparagraphs c and d of the second paragraph of section 105.2 were nil;

(e)  E is the amount that would be included under section 105 in computing the taxpayer’s income as a result of the disposition if the amount determined under subparagraph d of the second paragraph of section 105.2 were nil;

(f)  (subparagraph repealed);

(g)  (subparagraph repealed).

1994, c. 22, s. 197; 1995, c. 49, s. 139; 1996, c. 39, s. 147; 1997, c. 3, s. 71; 1997, c. 85, s. 89; 2003, c. 2, s. 135; 2005, c. 1, s. 119.

524.1. Where the taxpayer referred to in section 518 carries on a farming business the income of which is computed in accordance with the cash method and the property disposed of as referred to in that section 518 was inventory owned by the taxpayer in connection with that business immediately before the time the property was disposed of to the corporation referred to in that section 518,

(a)  subject to subparagraphs b and c of the first paragraph of section 522 and notwithstanding paragraph c of section 524, the amount agreed on, if any, in accordance with section 522 in the prescribed form, in respect of inventory purchased by the taxpayer is deemed to be equal to the amount determined by the formula

[(A × B) / C] + D;

(a.1)  the amount referred to in section 521.2 in respect of inventory purchased by the taxpayer is deemed, where it would otherwise be less than the particular amount that would be determined in respect of the property by the formula in subparagraph a if no account were taken of the letter D, to be equal to that particular amount;

(b)  for the purposes of subparagraph a of the second paragraph of section 194, the disposition of the property and the receipt of proceeds of disposition therefor are deemed to have occurred at the particular time and in the course of carrying on the business; and

(c)  for the purposes of section 194, where the property of which the corporation has become the owner is in connection with a farming business and the income from that business is computed in accordance with the cash method,

i.  the corporation is deemed to have paid, at the particular time and in the course of carrying on that business, an amount equal to the cost to the corporation of the property, and

ii.  the corporation is deemed to have purchased the property at the particular time and in the course of carrying on that business, for an amount equal to that cost.

For the purposes of the formula set forth in subparagraph a of the first paragraph,

(a)  A is the amount that would be included, by reason of subparagraph c of the second paragraph of section 194, in computing the taxpayer’s income for his last taxation year commencing before the particular time referred to in the first paragraph if that taxation year had ended immediately before the particular time;

(b)  B is the value, determined in accordance with section 194.2, to the taxpayer immediately before the particular time, of the inventory purchased by him and in respect of which the election under section 518 is made;

(c)  C is the value, determined in accordance with section 194.2, of all of the inventory purchased by the taxpayer that was owned by him in connection with that business immediately before the particular time;

(d)  D is such additional amount as the taxpayer and the corporation designate in respect of the property.

1993, c. 16, s. 211; 1997, c. 3, s. 71; 1997, c. 85, s. 90.

525. Where two or more properties, each of which is a property described in paragraph a or b of section 524, are disposed of at the same time, sections 523 and 524 apply as if each property so disposed of had been separately disposed of in the order designated by the taxpayer in the prescribed form or, if the taxpayer does not so designate any such order, in the order designated by the Minister.

1975, c. 22, s. 119; 1997, c. 85, s. 91.

525.1. Where property of a taxpayer in respect of the disposition of which section 518 applies is depreciable property of a prescribed class that is a passenger vehicle the cost to the taxpayer of which exceeds $20,000 or such other amount as may be prescribed for the purposes of paragraph d.3 of section 99, as the case may be, and the taxpayer and the corporation to which the property is disposed of do not deal with each other at arm’s length, the amount referred to in section 521.2 in respect of the property or, where section 522 applies thereto, the amount agreed on in respect of the property in the prescribed form, is deemed to be equal to the undepreciated capital cost to the taxpayer of the class immediately before the disposition, minus, where applicable, the amount deducted by the taxpayer under paragraph a of section 130 in respect of the passenger vehicle in computing the taxpayer’s income for the taxation year in which the passenger vehicle was disposed of by the taxpayer.

However, for the purposes of section 41.0.1, the cost to the corporation of the passenger vehicle is deemed to be an amount equal to its fair market value immediately before the disposition.

1990, c. 59, s. 191; 1997, c. 3, s. 71; 1997, c. 85, s. 92.

526. Where section 522 applies in respect of the disposition of property by a taxpayer, where the fair market value of the property, immediately before the time of the disposition, exceeds the greater of the fair market value, immediately after that time, of the consideration received by the taxpayer and the amount otherwise agreed on in the prescribed form in respect of the property, and where it is reasonable to regard any part of the excess as a benefit that the taxpayer desired to have conferred on a person related to the taxpayer, other than a corporation that is a wholly-owned corporation of the taxpayer immediately after the disposition, the amount agreed on in the prescribed form in respect of the property is deemed, except for the purposes of paragraphs b and c of section 528, to be an amount equal to the amount otherwise agreed on in the prescribed form in respect of the property to which that part of the excess is added.

1975, c. 22, s. 119; 1990, c. 59, s. 192; 1993, c. 16, s. 212; 1997, c. 3, s. 71; 1997, c. 85, s. 92.

526.1. For the purposes of section 526 and this section, “wholly-owned corporation” of a taxpayer means a corporation all the issued and outstanding shares of the capital stock of which, except director’s qualifying shares, belong to

(a)  the taxpayer,

(b)  a corporation that is a wholly-owned corporation of the taxpayer, or

(c)  any combination of persons described in paragraph a or b.

1993, c. 16, s. 213; 1997, c. 3, s. 71.

DIVISION III COST OF PROPERTY OR OF THE CONSIDERATION

1972, c. 23.

527. For the purposes of sections 93 to 104, 130 and 130.1 and of any regulations made for the purposes of paragraph a of section 130, where Divisions I and II or Division IV apply in respect of the disposition of depreciable property to a person and the capital cost to the transferor of the property exceeds the transferor’s proceeds of disposition of the property, the following rules apply:

(a)  the capital cost to the transferee of the property is deemed to be equal to the amount that was its capital cost to the transferor; and

(b)  the excess is deemed to have been allowed to the transferee as depreciation in respect of the property for the taxation years that ended before the time of disposition.

1972, c. 23, s. 410; 1979, c. 18, s. 46; 1984, c. 15, s. 111; 1997, c. 3, s. 71; 2000, c. 5, s. 118.

527.1. (Repealed).

1984, c. 15, s. 111; 1991, c. 8, s. 11; 1997, c. 3, s. 71; 2000, c. 5, s. 119.

527.2. (Repealed).

1984, c. 15, s. 111; 1990, c. 59, s. 193; 1997, c. 3, s. 71; 2000, c. 5, s. 119.

527.3. Where Divisions I and II have applied in respect of the disposition of any property by an individual to a corporation, the cost of the property to the individual was included in computing an amount determined under section 75.2.1 or 75.3 in respect of the individual, the property is depreciable property of the corporation, and the amount, in this section referred to as the “individual’s original cost”, that would be the cost of the property to the individual immediately before its disposition if this Act were read without reference to section 75.5 exceeds the individual’s proceeds of disposition of the property, the following rules apply:

(a)  the capital cost to the corporation of the property is deemed to be equal to the individual’s original cost; and

(b)  the amount by which the individual’s original cost exceeds the individual’s proceeds of disposition of the property is deemed to have been allowed to the corporation as depreciation in respect of the property for taxation years that end before the time of disposition.

2004, c. 8, s. 106; 2007, c. 12, s. 66.

528. Where a taxpayer and a corporation make the election referred to in section 518 in respect of a disposition, the cost to the taxpayer of each property the taxpayer receives for the disposition is deemed to be equal

(a)  in the case of any particular property other than a share of the capital stock of the corporation or of a right to receive such share, to the lesser of the fair market value of that property at the time of disposition and the proportion of the fair market value, at the same time, of the property disposed of by the taxpayer to the corporation, that the fair market value of such particular property is of that of all such particular properties which he receives as consideration for such disposition;

(b)  in the case of a preferred share of a given class of the capital stock of the corporation, to the lesser of the fair market value of such share immediately after the disposition and that proportion of the excess of the proceeds of disposition of that property over the fair market value of the particular property contemplated in paragraph a which he receives for such disposition, that the fair market value, immediately after the disposition, of that preferred share of such class is, at the same time, of all the preferred shares of the capital stock of the corporation that he receives or has a right to receive as consideration for such disposition; and

(c)  in the case of a common share of a given class of the capital stock of the corporation, to that proportion of the excess of the proceeds of disposition of the property over the aggregate of the fair market value, at the time of disposition, of the particular property contemplated in paragraph a, that he receives for such disposition, and of the cost, to him, of all the preferred shares which he has a right to receive for such disposition, that the fair market value, immediately after the disposition, of such common share of that class is, at the same time, of the fair market value all the common shares of the capital stock of the corporation that he receives or has a right to receive as consideration for such disposition.

1972, c. 23, s. 411; 1996, c. 39, s. 148; 1997, c. 3, s. 71; 2003, c. 9, s. 37.

DIVISION IV TRANSFER BY A PARTNERSHIP

1972, c. 23; 1997, c. 3, s. 71.

529. Where a partnership disposes of any property to a taxable Canadian corporation for consideration that includes a share of the capital stock of the corporation, and all the members of the partnership and the corporation make a valid election for the purposes of subsection 2 of section 85 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the disposition or, where that election cannot be made by reason of paragraph 21.2 of section 13 of that Act, make an election, in the prescribed form referred to in the first paragraph of section 520.1, the provisions of Divisions I to III apply, with the necessary modifications, in respect of the disposition as if the partnership were a taxpayer resident in Canada that had disposed of the property to the corporation.

In addition, for the purposes of the third paragraph of section 520.1 in respect of the disposition, subparagraph a of that paragraph is to be read as if “the taxation year which, of the taxation years of those persons, ends the latest” in the portion before subparagraph i was replaced by “that taxation year of the corporation or the fiscal period of the partnership in which the disposition was made, whichever year or period in the latter case ends later”.

1972, c. 23, s. 412; 1972, c. 26, s. 49; 1975, c. 22, s. 120; 1982, c. 5, s. 122; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 85, s. 93; 2002, c. 40, s. 42; 2003, c. 9, s. 38; 2009, c. 5, s. 179.

DIVISION IV.1 CERTAIN TRANSFERS MADE BEFORE 26 MARCH 1997

1997, c. 85, s. 94.

529.1. Except for the purposes of this section, where property is disposed of to a corporation before 26 March 1997 by a taxpayer or a partnership, in subparagraph b referred to as the “transferor”, Divisions I to III, or I to IV, as the case may be, as they read in respect of property disposed of on 26 March 1997 and not as they read in respect of the disposition, apply in respect of the disposition where

(a)  the disposition is made after 18 December 1996, or is part of a series of transactions or events that began before 19 December 1996 and ended after 18 December 1996; and

(b)  it may not reasonably be considered that all or substantially all of an excess amount is attributable to the difference between the cost amount of the property to the transferor, immediately before the disposition, for the purposes of this Part and the cost amount of the property to the transferor, at that time, for the purposes of Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), where that excess amount is

i.  the amount by which the transferor’s income for the taxation year in which the disposition is made is reduced by reason of the application of Divisions I to III, or I to IV, as the case may be, in respect of the disposition, exceeds the amount, if any, by which the transferor’s income for that year, established for the purposes of Part I of the Income Tax Act, is reduced by reason of the application of section 85 of that Act in respect of the disposition, or

ii.  the amount by which the cost amount of the property to the corporation, immediately after the disposition, for the purposes of this Part, exceeds the cost amount of the property to the corporation established at that time for the purposes of Part I of the Income Tax Act.

However, the first paragraph does not apply where the disposition is of property in respect of which section 522, as it reads in respect of property disposed of on 26 March 1997, would apply if

(a)  the disposition had been made on 26 March 1997;

(b)  where the election referred to in section 518 or in the first paragraph of section 529, as the case may be, as that section 518 or that paragraph reads in respect of property disposed of on 26 March 1997, was not made in respect of the disposition, the election had been made for an amount agreed on equal to the fair market value of the property at the time of the disposition; and

(c)  an amount had been agreed on in respect of the property in the prescribed form for the purposes of that section 522, and was equal to the amount agreed on in its respect in the election made under section 518 or the first paragraph of section 529, as the case may be, as that section 518 or that paragraph reads in respect of the disposition, or to the fair market value of the property at the time of the disposition if no election were made.

1997, c. 85, s. 94; 1997, c. 85, s. 781.

DIVISION IV.2 WINDING-UP OF THE BUSINESS OF A PARTNERSHIP WITHIN 60 DAYS

1997, c. 85, s. 94; 2000, c. 39, s. 29.

530. Sections 531 to 533 apply where section 529 applies in respect of the disposition of property of a partnership to a corporation, where the affairs of the partnership are wound-up within 60 days of the disposition and where, immediately before the winding-up of the partnership, its property includes nothing but money and property received from the corporation as consideration for the disposition.

1972, c. 23, s. 413; 1984, c. 35, s. 15; 1997, c. 3, s. 71.

531. The partnership which, at the time of its winding-up, has distributed property contemplated in section 530 to a member of the partnership is deemed to have disposed of it for proceeds equal to the cost amount to the partnership of the property immediately before such distribution.

1973, c. 17, s. 62; 1984, c. 35, s. 15; 1997, c. 3, s. 71; 2000, c. 5, s. 120.

532. The cost to each member of the partnership of each property received or receivable by the member as consideration for the disposition of the member’s partnership interest on the winding-up of the partnership is deemed to be

(a)  in the case of property other than a share of the capital stock of the corporation or a right to receive such share, the fair market value of that property at the time of the winding-up;

(b)  in the case of a preferred share of a given class of the capital stock of the corporation that was not accompanied by a common share, the amount determined under subparagraph ii and, if it was accompanied by a common share, the lesser of:

i.  the fair market value, immediately after the winding-up, of such preferred share of that class which he receives or has the right to receive; and

ii.  that proportion of the excess of the adjusted cost base to him of his partnership interest immediately before its winding-up over the aggregate of the fair market value, at the time of winding-up, of the consideration contemplated in paragraph a and received by him from the disposition of his partnership interest, that the fair market value, immediately after the winding-up, of such preferred share of that class that he so receives or has the right to receive is of the fair market value, at the same time, of all preferred shares of the capital stock of the corporation which he receives or also has the right to receive as consideration for the disposition; and

(c)  in the case of a common share of a given class of the capital stock of the corporation, an amount equal to that proportion of the amount by which the adjusted cost base to him of his partnership interest immediately before the winding-up exceeds the aggregate of the fair market value, at the time of disposition, of the property contemplated in paragraph a that he receives for the disposition, and the cost to him of all the preferred shares he has the right to receive for the disposition, that the fair market value, immediately after the disposition, of that common share of that class is at the same time of the fair market value of all the common shares of the capital stock of the corporation he receives or has the right to receive as consideration for the disposition.

1972, c. 23, s. 414; 1984, c. 35, s. 15; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2000, c. 5, s. 121.

533. The proceeds of disposition of the partnership interest of any member of a partnership on its winding-up is deemed to be the cost, to the member, of the property and shares received or receivable by the member as consideration for the disposition of the interest plus the amount of any money received by the member as consideration for the disposition.

1972, c. 23, s. 415; 1984, c. 35, s. 15; 1997, c. 3, s. 71; 2000, c. 39, s. 30.

DIVISION V

Repealed, 2000, c. 5, s. 122.

1997, c. 14, s. 82; 2000, c. 5, s. 122.

534. (Repealed).

1972, c. 23, s. 416; 1975, c. 22, s. 121; 1990, c. 59, s. 194; 1993, c. 16, s. 214; 1997, c. 3, s. 71; 2000, c. 5, s. 122.

535. (Repealed).

1972, c. 23, s. 417; 1975, c. 22, s. 121; 1990, c. 59, s. 195; 1993, c. 16, s. 215; 1995, c. 49, s. 140; 1996, c. 39, s. 149; 1997, c. 3, s. 71; 2000, c. 5, s. 122.

DIVISION VI EXCHANGE OF SHARES

1975, c. 22, s. 122.

536. The rules set out in sections 537 to 539 apply where a Canadian corporation, in this division referred to as the “particular corporation”, issues a share of any particular class of its capital stock to a taxpayer in exchange for capital property owned by the taxpayer that is a share, in this division referred to as the “exchanged share”, of a particular class of the capital stock of a second corporation which is a taxable Canadian corporation.

However, they do not apply where

(a)  the taxpayer and the particular corporation were, immediately before the exchange, not dealing with each other at arm’s length, otherwise than by reason of a right referred to in paragraph b of section 20 that is a right of the particular corporation to acquire the exchanged share, or the taxpayer and the corporation made an election under section 518 or 529 in respect of the exchanged share;

(b)  immediately after the exchange, the taxpayer or persons with whom the taxpayer is not dealing at arm’s length, separately or together, controlled the particular corporation or owned shares of the capital stock thereof having a fair market value of more than 50% of that of all of the outstanding shares of its capital stock;

(c)  the taxpayer receives a consideration other than a share of the particular class of the capital stock of the particular corporation in exchange for the exchanged share, except where such other consideration results from the disposition to the particular corporation of a share of the capital stock of the second corporation other than the exchanged share; or

(d)  the taxpayer is a foreign affiliate of another taxpayer resident in Canada at the end of the taxation year of the taxpayer in which the exchange occurred and the taxpayer has included any portion of the gain or loss, otherwise determined, from the disposition of the exchanged share in computing the taxpayer’s foreign accrual property income, within the meaning of section 579, for that taxation year.

1975, c. 22, s. 122; 1978, c. 26, s. 95; 1989, c. 77, s. 56; 1990, c. 59, s. 196; 1994, c. 22, s. 198; 1995, c. 49, s. 141; 1997, c. 3, s. 71; 2004, c. 8, s. 107.

537. Unless the taxpayer has included any portion of the gain or loss, otherwise determined, from the disposition of the exchanged share in computing the taxpayer’s income for the taxation year in which the exchange occurred, the taxpayer is deemed to have disposed of the exchanged share for proceeds of disposition equal to the adjusted cost base of the share to the taxpayer immediately before the exchange and to have acquired the share issued in exchange at a cost equal to such adjusted cost base.

1975, c. 22, s. 122; 2004, c. 8, s. 107.

538. Where the exchanged share is taxable Québec property or taxable Canadian property of the taxpayer, the share issued in exchange is also deemed, as the case may be, to be taxable Québec property or taxable Canadian property of the taxpayer.

1975, c. 22, s. 122; 2004, c. 8, s. 107.

539. The cost of the exchanged share to the particular corporation, at any particular time up to and including the time it disposes of the share, is deemed to be the lesser of the following amounts:

(a)  the fair market value of the exchanged share immediately before the exchange;

(b)  the paid-up capital of the exchanged share immediately before the exchange.

1975, c. 22, s. 122; 1989, c. 77, s. 57; 1997, c. 3, s. 71; 2004, c. 8, s. 108.

540. Where a taxpayer disposes of capital property that is a share of the capital stock of a foreign affiliate of the taxpayer to a corporation that, immediately after the disposition, is also a foreign affiliate of the taxpayer, for consideration that includes a share of the capital stock of that affiliate:

(a)  section 542 applies, with the necessary modifications, to determine the cost to the taxpayer of all property receivable by him as consideration for such disposition;

(b)  the taxpayer’s proceeds of such disposition of the shares so disposed of is deemed to be equal to the aggregate of the cost to him of all property receivable by him as consideration; and

(c)  the cost to the foreign affiliate of the shares acquired by it from the taxpayer is deemed to be equal to the taxpayer’s proceeds of disposition of them, as determined in paragraph b.

1975, c. 22, s. 122; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

540.1. Section 540 does not apply in respect of a disposition by a taxpayer of a share of the capital stock of a foreign affiliate of the taxpayer, all or substantially all of the property of which at that time is excluded property within the meaning of section 576.1, to another foreign affiliate of the taxpayer where the disposition is part of a series of transactions or events for the purpose of disposing of the share of a person who, immediately after the series of transactions or events, is a person other than a foreign affiliate of the taxpayer, with whom the taxpayer is dealing at arm’s length.

1984, c. 15, s. 112.

540.2. Subject to section 540, and subsection 2 of section 95 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) where it has effect for the purposes of section 579, the rules set out in sections 540.3 and 540.4 apply where a corporation not resident in Canada, in this section referred to as the “foreign corporation”, issues a share of its capital stock to a taxpayer in exchange for capital property owned by the taxpayer that is a share, in this division referred to as the “exchanged foreign share”, of the capital stock of a second corporation not resident in Canada.

However, they do not apply where

(a)  the taxpayer and the foreign corporation were, immediately before the exchange, not dealing with each other at arm’s length, otherwise than by reason of a right referred to in paragraph b of section 20 that is a right of the foreign corporation to acquire the exchanged foreign share;

(b)  immediately after the exchange, the taxpayer or persons with whom the taxpayer is not dealing at arm’s length, separately or together, controlled the foreign corporation or owned shares of the capital stock thereof having a fair market value of more than 50% of that of all of the outstanding shares of its capital stock;

(c)  the taxpayer receives a consideration other than the issued share in exchange for the exchanged foreign share, except where such consideration results from the disposition to the foreign corporation of a share of the capital stock of the second corporation other than the exchanged foreign share; or

(d)  the taxpayer is a foreign affiliate of another taxpayer resident in Canada at the end of the taxation year of the taxpayer in which the exchange occurred and

i.  the taxpayer has included any portion of the gain or loss, otherwise determined, from the disposition of the exchanged foreign share in computing the taxpayer’s foreign accrual property income, within the meaning of section 579, for that taxation year, or

ii.  the exchanged foreign share is excluded property, within the meaning of section 576.1, of the taxpayer.

2004, c. 8, s. 109.

540.3. Unless the taxpayer has included any portion of the gain or loss, otherwise determined, from the disposition of the exchanged foreign share in computing the taxpayer’s income for the taxation year in which the exchange occurred, the taxpayer is deemed to have disposed of the exchanged foreign share for proceeds of disposition equal to the adjusted cost base of the share to the taxpayer immediately before the exchange and to have acquired the share issued in exchange at a cost equal to such adjusted cost base.

2004, c. 8, s. 109.

540.4. Where the exchanged foreign share is taxable Québec property or taxable Canadian property of the taxpayer, the share issued in exchange is also deemed to be taxable Québec property or taxable Canadian property of the taxpayer, as the case may be.

2004, c. 8, s. 109.

540.5. The rules in section 540.6 apply if a taxpayer disposes, before 1 January 2013, of an investment in a SIFT wind-up entity (in section 540.6 referred to as the “particular unit”) to a taxable Canadian corporation if

(a)  the disposition occurs during a period (in this section and section 540.6 referred to as the “exchange period”) of no more than 60 days at the end of which all of the interests in the entity that are investments in a SIFT wind-up entity are owned by the corporation;

(b)  the taxpayer receives no consideration for the disposition other than a share (in this section and section 540.6 referred to as the “exchange share”) of the capital stock of the corporation that is issued during the exchange period to the taxpayer by the corporation;

(c)  neither of sections 518 and 529 applies in respect of the disposition; and

(d)  all of the exchange shares issued to holders of interests in the entity that are investments in a SIFT wind-up entity are shares of a single class of the capital stock of the corporation.

2010, c. 25, s. 39.

540.6. The rules to which section 540.5 refers, in relation to a disposition by a taxpayer of a particular unit of a SIFT wind-up entity to a corporation for consideration that is an exchange share, are as follows:

(a)  the taxpayer’s proceeds of disposition of the particular unit, and cost of the exchange share, are deemed to be equal to the cost amount to the taxpayer of the particular unit immediately before the disposition;

(b)  if the particular unit was immediately before the disposition taxable Québec property or taxable Canadian property of the taxpayer, the exchange share is deemed to be taxable Québec property or taxable Canadian property of the taxpayer, as the case may be;

(c)  if the exchange share’s fair market value immediately after the disposition exceeds the particular unit’s fair market value at the time of the disposition, the excess is deemed to be an amount that Division IV of Chapter II of Title III requires to be included in computing the taxpayer’s income for the taxpayer’s taxation year in which the disposition occurs;

(d)  if the particular unit’s fair market value at the time of the disposition exceeds the exchange share’s fair market value immediately after the disposition, and it is reasonable to regard any part of the excess as a benefit that the taxpayer desired to have conferred on a person, or partnership, with whom the taxpayer does not deal at arm’s length, the excess is deemed to be an amount that Division IV of Chapter II of Title III requires to be included in computing the taxpayer’s income for the taxpayer’s taxation year in which the disposition occurs; and

(e)  the cost to the corporation of the particular unit is deemed to be the lesser of

i.  the fair market value of the particular unit immediately before the disposition, and

ii.  the amount determined for B in the formula in paragraph f of subsection 8 of section 85.1 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)), in respect of the particular unit

2010, c. 25, s. 39.

CHAPTER V REORGANIZATION OF CAPITAL

1972, c. 23.

541. This chapter applies where at a particular time after 6 May 1974, in the course of a reorganization of the capital of a corporation, a taxpayer disposes to the corporation of capital property that is shares of a particular class of the capital stock of the corporation that are then owned by him for consideration receivable by him from the corporation that includes another share of such capital stock, except where section 518 or 529 applies.

1972, c. 23, s. 418; 1975, c. 22, s. 123; 1984, c. 15, s. 112; 1995, c. 49, s. 142; 1997, c. 3, s. 71.

542. The cost to the taxpayer of any property receivable by him as consideration for the disposition referred to in section 541 is deemed to be:

(a)  in the case of property other than a share of the capital stock of the corporation, the fair market value of that property at the time of such disposition;

(b)  in the case of a share of any class of the capital stock of the corporation, that proportion of the amount by which the aggregate of the adjusted cost base to the taxpayer, immediately before the disposition, of each share disposed of exceeds the fair market value at the same time of the property referred to in paragraph a, that the fair market value, immediately after the disposition, of such share of such class is of the fair market value, at the same time, of all the shares of the capital stock of the corporation receivable by him as consideration for the disposition.

1972, c. 23, s. 419; 1975, c. 22, s. 123; 1997, c. 3, s. 71.

543. The proceeds of disposition of the shares of the taxpayer, upon reorganization, as provided in this chapter, are deemed to be equal to the aggregate of the cost to him of all property receivable by him as consideration.

1972, c. 23, s. 421; 1975, c. 22, s. 125.

543.1. Notwithstanding paragraph b of section 542 and section 543, where the fair market value of the shares disposed of by the taxpayer exceeds, immediately before the disposition, the aggregate of the cost deemed to him under paragraph a of section 542 of any property contemplated therein, and of the fair market value, immediately after the disposition, of every share contemplated in paragraph b of section 542, and it is reasonable to regard all or any portion of such excess as a benefit that the taxpayer desires to have conferred on a person related to the taxpayer, the following rules apply:

(a)  the taxpayer is deemed to dispose of the shares for proceeds equal to the lesser of their fair market value immediately before the disposition and of the aggregate of the cost deemed to him under paragraph a of section 542 of any property contemplated therein, and of the amount of the benefit conferred;

(b)  the taxpayer’s capital loss resulting from the disposition of shares is deemed to be nil; and

(c)  the cost to the taxpayer of a share of any class of the capital stock of the corporation receivable by him in consideration for the shares disposed of is deemed to be that proportion of the amount by which the adjusted cost base to the taxpayer, immediately before the disposition, of each share disposed of exceeds the aggregate determined in paragraph a, that the fair market value, immediately after the disposition, of such share of such class is of the fair market value, at the same time, of the aggregate of the shares receivable by him as consideration for the disposition.

1982, c. 5, s. 123; 1997, c. 3, s. 71.

543.2. The following rules apply in respect of each share receivable by a taxpayer as consideration for the disposition referred to in section 541:

(a)  the taxpayer shall deduct after the disposition, in computing the adjusted cost base to the taxpayer of the share, the amount determined by the formula

A × B / C;

(b)  the taxpayer shall add after the disposition, in computing the adjusted cost base to the taxpayer of the share, the amount determined under subparagraph a in respect of the acquisition.

For the purposes of the formula in subparagraph a of the first paragraph,

(a)  A is the amount by which

i.  the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before the disposition, the adjusted cost base to the taxpayer of the shares disposed of, exceeds

ii.  the amount that would be, but for subparagraph b of the first paragraph of section 234, the taxpayer’s capital gain for the taxation year that includes the time of the disposition, from the disposition of the shares disposed of;

(b)  B is the fair market value of the share at the time it was acquired by the taxpayer as consideration for the disposition of the shares disposed of; and

(c)  C is the fair market value of all shares receivable by the taxpayer in consideration for the disposition at the time referred to in subparagraph b.

1996, c. 39, s. 150.

CHAPTER VI AMALGAMATION

1972, c. 23.

DIVISION I GENERALITIES

1972, c. 23.

544. (1)  For the purposes of this chapter, an amalgamation is a merger of several taxable Canadian corporations, hereinafter called “predecessor corporations”, which are replaced to form one corporate entity hereinafter referred to as the “new corporation”, in such a manner that, on account of such merger,

(a)  all of the property of the predecessor corporations immediately before the merger, except an amount receivable from a predecessor corporation or a share of the capital stock of such a corporation, becomes property of the new corporation;

(b)  all the liabilities of the predecessor corporations immediately before the merger, except an amount payable to a predecessor corporation, become liabilities of the new corporation; and

(c)  all of the shareholders, who owned shares of the capital stock of any predecessor corporation immediately before the merger, receive a share of the capital stock of the new corporation, excepting the predecessor corporations themselves.

(2)  An amalgamation does not result from the acquisition of property of one corporation by another or from the distribution of property of another corporation being wound up to another corporation.

(3)  For the purposes of paragraph c of subsection 1, where there is a merger of a corporation and of one or more of its subsidiary wholly controlled corporations or of several corporations each of which is a subsidiary wholly-controlled corporation of the same corporation, any share of the capital stock of a predecessor corporation owned by a shareholder, except a predecessor corporation, immediately before the merger that was not cancelled on the merger is deemed to be a share of the capital stock of the new corporation received by the shareholder by virtue of the merger as consideration for the disposition of a share of the capital stock of the predecessor corporation.

(4)  Where there has been an amalgamation of a corporation and one or more of its subsidiary wholly-owned corporations or two or more corporations each of which is a subsidiary wholly-owned corporation of the same person, the new corporation is, for the purposes of Chapter VII.1 of the Act respecting the application of the Taxation Act (chapter I-4) and sections 332.1, 332.2, 359.1 to 359.17, 362 to 418.36, 419.1 to 419.4 and 419.6, deemed to be the same corporation as, and a continuation of, each predecessor corporation. However, this subsection shall in no respect affect the determination of any predecessor corporation’s fiscal period, taxable income or tax payable.

(4.1)  (Subsection replaced).

(5)  For the purposes of subsections 3 and 4, this subsection and the second paragraph of section 547.1, and notwithstanding section 1, “subsidiary wholly-owned corporation” of a particular person means a corporation all the issued and outstanding shares of the capital stock of which are owned by

(a)  the particular person;

(b)  a corporation that is a subsidiary wholly-owned corporation of the particular person; or

(c)  any combination of persons each of which is a person described in paragraph a or b.

1972, c. 23, s. 422; 1975, c. 22, s. 126; 1978, c. 26, s. 96; 1980, c. 13, s. 52; 1982, c. 5, s. 124; 1984, c. 15, s. 113; 1985, c. 25, s. 95; 1986, c. 19, s. 119; 1989, c. 77, s. 58; 1994, c. 22, s. 199; 1995, c. 49, s. 143; 1997, c. 3, s. 71; 1998, c. 16, s. 170.

544.1. If there is an amalgamation of two or more corporations and one of those corporations is a SIFT wind-up corporation, the new corporation is deemed to be a SIFT wind-up corporation.

2010, c. 25, s. 40.

545. (1)  The new corporation resulting from the amalgamation must include in computing its income or its taxable income all the amounts which would have been otherwise included in computing the income or the taxable income of the predecessor corporations.

(2)  The new corporation may deduct, for the purposes of computing its income or taxable income, all the amounts that would have been otherwise deductible when computing the income or taxable income of the predecessor corporations.

(3)  (Subsection repealed).

(4)  The new corporation is deemed, for the purposes of section 104.1 or 104.4, to have deducted in computing its income the aggregate of all amounts deducted under section 156.1 or 156.5, as the case may be, in computing the income of the predecessor corporations.

(5)  For the purposes of sections 741 to 744.2.2,

(a)  any taxable dividend received on a share that was deductible in computing the predecessor corporation’s taxable income for a taxation year under sections 738 to 745 or section 845 is deemed to be a taxable dividend received on the share by the new corporation that was deductible from the new corporation’s income for a taxation year under sections 738 to 745 or section 845, as the case may be;

(b)  any dividend, other than a taxable dividend, received on a share by the predecessor corporation is deemed to have been received on the share by the new corporation; and

(c)  a share acquired by the new corporation from a predecessor corporation is deemed to have been owned by the new corporation throughout any period of time throughout which it was owned by a predecessor corporation.

1972, c. 23, s. 423; 1975, c. 22, s. 127; 1981, c. 12, s. 2; 1989, c. 5, s. 71; 1989, c. 77, s. 59; 1995, c. 63, s. 40; 1997, c. 3, s. 71; 1997, c. 14, s. 83; 2000, c. 39, s. 31; 2001, c. 7, s. 53.

546. For the purposes of this Part, the new corporation must attribute to the assets and liabilities of the predecessor corporations the costs, values and prices otherwise determined in accordance with this Part for such predecessor corporations immediately before the amalgamation.

1972, c. 23, s. 424; 1997, c. 3, s. 71.

546.1. For the purposes of section 194, where the income of the predecessor corporation at the end of its taxation year ending immediately before the amalgamation, in this section referred to as its “last taxation year”, from a farming business and the income of the new corporation from a farming business are computed in accordance with the cash method, the new corporation is deemed to have purchased, in its first taxation year and in the course of carrying on that farming business, the property described in its inventory in connection with that business at the commencement of its first taxation year that was property described in the inventory in connection with the farming business of the predecessor corporation at the end of its last taxation year, for an amount equal to the aggregate of all amounts each of which is an amount included, by reason of subparagraph b or c of the second paragraph of section 194, in computing the income from a farming business of the predecessor corporation for its last taxation year.

1993, c. 16, s. 216; 1997, c. 3, s. 71.

547. (Repealed).

1972, c. 23, s. 425; 1978, c. 26, s. 97; 1985, c. 25, s. 96; 1994, c. 22, s. 200.

547.0.1. (Repealed).

1990, c. 59, s. 197; 1994, c. 22, s. 200.

547.1. For the purposes of determining either the non-capital loss, the net capital loss, the restricted farm loss, the farm loss or the limited partnership loss, as the case may be, of the new corporation for any taxation year, or the extent to which sections 734 to 736.0.4 and paragraph e of section 999.1 have the effect of restricting the deductibility by the new corporation of such a loss, the new corporation is deemed to continue the corporate existence of any predecessor corporation.

However, this section shall not affect the determination of the fiscal period or of the income of the new corporation or any predecessor corporation or that of the taxable income of, or the tax payable under this Act by, any predecessor corporation other than a corporation which, where the new corporation is formed by the amalgamation of a particular corporation and one or more of its subsidiary wholly-owned corporations, is the particular corporation.

1978, c. 26, s. 98; 1984, c. 15, s. 114; 1985, c. 25, s. 97; 1988, c. 4, s. 38; 1989, c. 77, s. 60; 1994, c. 22, s. 201; 1997, c. 3, s. 71; 2000, c. 5, s. 123.

547.2. (Repealed).

1981, c. 12, s. 3; 1985, c. 25, s. 98; 1995, c. 63, s. 41; 1997, c. 3, s. 71; 2000, c. 39, s. 32.

547.3. (Repealed).

1995, c. 63, s. 42; 1997, c. 3, s. 71; 1997, c. 14, s. 84.

548. For the purposes of section 34, an employee or former employee of a predecessor corporation is deemed to be, as the case may be, an employee or former employee of the new corporation.

1972, c. 23, s. 426; 1997, c. 3, s. 71.

549. For the purposes of this Part, the new corporation is deemed to continue the corporate existence of any predecessor corporation, except when otherwise provided in this chapter or the regulations.

However, the first taxation year of the new corporation is deemed to begin at the time of the amalgamation.

1972, c. 23, s. 427; 1997, c. 3, s. 71; 2009, c. 5, s. 180.

550. For the purposes of this Part, the amount for the new corporation, at a particular time, of its capital dividend account and its capital gains dividend account designates the amount determined under the rules prescribed for such purposes.

1972, c. 23, s. 428; 1975, c. 22, s. 128; 1978, c. 26, s. 99; 1984, c. 15, s. 115; 1990, c. 59, s. 198; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

550.0.1. For the purpose of applying this chapter to an amalgamation governed by section 689 of the Act respecting financial services cooperatives (chapter C-67.3), an investment deposit of a savings and credit union is deemed to be a share of a separate class of the capital stock of a predecessor corporation in respect of the amalgamation the adjusted cost base and paid-up capital of which to the savings and credit union is equal to the adjusted cost base to the savings and credit union of that deposit immediately before the amalgamation if

(a)  immediately before the amalgamation, that deposit is an investment deposit, to which section 425 of the Savings and Credit Unions Act (chapter C-4.1) applies, of an investment fund of the predecessor corporation; and

(b)  on the amalgamation, the savings and credit union disposes of that deposit for consideration that consists solely of shares of a class of the capital stock of the new corporation.

2009, c. 5, s. 181.

550.1. (Repealed).

1979, c. 18, s. 47; 1997, c. 3, s. 71; 2000, c. 5, s. 124.

550.2. (Repealed).

1979, c. 18, s. 47; 1997, c. 3, s. 71; 2000, c. 5, s. 124.

550.3. For the purposes of sections 21.5 to 21.9.4.1, if, as a result of an amalgamation after 16 November 1978, a particular share of any class of the capital stock of the new corporation is issued in consideration for the disposition of a share of any class of the capital stock of a predecessor corporation and the terms and conditions of the particular share are similar to the terms and conditions of the share so disposed of, the following rules apply:

(a)  the particular share is deemed to have been issued at the same time as the share disposed of;

(b)  if the share disposed of was issued under an agreement in writing, the particular share is deemed to have been issued under that agreement; and

(c)  the new corporation is deemed to be the same corporation as the predecessor corporation.

1980, c. 13, s. 53; 1984, c. 15, s. 116; 1997, c. 3, s. 71; 2007, c. 12, s. 67.

550.4. For the purposes of sections 21.12 to 21.15, where, following an amalgamation after 16 November 1978, a debt or other obligation, both referred to as a “debt” in this section, of the new corporation is issued in consideration for the disposition of an income bond or income debenture of a predecessor corporation and the terms and conditions of the debt are similar to the terms and conditions of the bond or debenture so disposed of, the debt is deemed to have been issued at the same time as the bond or debenture disposed of and under the same agreement as that under which the bond or debenture disposed of was issued.

1980, c. 13, s. 53; 1996, c. 39, s. 151; 1997, c. 3, s. 71.

550.5. Where, following an amalgamation or merger of two or more corporations after 27 November 1986, a particular share of any class of the capital stock of the new corporation is issued to a shareholder in consideration for the disposition of a share by that shareholder of any class of the capital stock of a predecessor corporation and the attributes of the particular share are similar to the attributes of the share so disposed of, the following rules apply for the purpose of applying this section and sections 21.10 to 21.11.21, 21.16, 740.2 to 740.3.1 and 740.5 to the particular share:

(a)  the particular share is deemed to have been issued at the same time as the share disposed of;

(b)  where the share disposed of was a share described in any of paragraphs a to d of section 21.11.20, the particular share is deemed, for the purposes of sections 21.11.20 and 21.11.21, to be the same share as the share disposed of;

(c)  the particular share is deemed to have been acquired by the shareholder at the same time as the share disposed of;

(d)  the new corporation is deemed to be the same corporation as the predecessor corporation.

1990, c. 59, s. 199; 1997, c. 3, s. 71.

550.6. For the purposes of paragraph d of section 21.11.20, where, following an amalgamation or merger of two or more corporations after 18 June 1987, a particular right listed on a designated stock exchange to acquire a share of any class of the capital stock of the new corporation is acquired by a shareholder in consideration for the disposition by him of a right described in the said paragraph d to acquire a share of any class of the capital stock of a predecessor corporation, the terms and conditions of the particular right are similar to the terms and conditions of the right disposed of and the attributes of the share that may be acquired upon an exercise of the particular right are similar to the attributes of the share that could have been acquired upon an exercise of the right disposed of, the particular right is deemed to be the same right as the right disposed of.

1990, c. 59, s. 199; 1997, c. 3, s. 71; 2001, c. 7, s. 54; 2010, c. 5, s. 48.

550.7. Where there has been an amalgamation of two or more corporations each of which is a development corporation, within the meaning of section 363, or a corporation that at no time carried on business, and a predecessor corporation entered into an agreement with a person at a particular time under which the predecessor corporation issued or agreed to issue, for consideration given by the person, a share that was a flow-through share or that would have been a flow-through share if it had been issued, the following rules apply for the purposes of section 359.8 and Part III.14 and for the purpose of renouncing an amount under section 359.2, 359.2.1 or 359.4 in respect of Canadian exploration expenses or Canadian development expenses that would, but for the renunciation, be incurred by the new corporation after the amalgamation:

(a)  the person is deemed to have given the consideration under the agreement to the new corporation for the issue of the particular share described in the second paragraph,

(b)  the agreement is deemed to have been entered into between the person and the new corporation at the particular time,

(c)  the particular share described in the second paragraph is deemed to be a flow-through share of the new corporation, and

(d)  the new corporation is deemed to be the same corporation as the predecessor corporation.

The particular share referred to in the first paragraph is a share of any class of the capital stock of the new corporation

(a)  that the new corporation issued on the amalgamation to the person referred to in the first paragraph in consideration for the disposition of the flow-through share of the predecessor corporation and the attributes of which are similar to the attributes of the flow-through share, or

(b)  that the new corporation was obliged after the amalgamation to issue to the person referred to in the first paragraph pursuant to the obligation of the predecessor corporation to issue a flow-through share to that person and that would not, if issued, be a prescribed share for the purposes of section 359.1.

For the purposes of this section, “flow-through share” has the meaning assigned by the first paragraph of section 359.1.

1993, c. 16, s. 217; 1995, c. 49, s. 144; 1997, c. 3, s. 71; 1998, c. 16, s. 171.

550.8. For the purposes of Title III of Part II, a share, in this section referred to as the “new share”, is deemed to be listed on a designated stock exchange until the earliest time at which it is redeemed, acquired or cancelled, where

(a)  a new corporation is formed as a result of an amalgamation;

(b)  the new corporation is a public corporation;

(c)  the new corporation issues the new share, which is a share of any class of the capital stock thereof;

(d)  the new share is issued in exchange for a share, in this section referred to as the “old share”, of the capital stock of a predecessor corporation;

(e)  immediately before the amalgamation, the old share was listed on a designated stock exchange; and

(f)  the new share is redeemed, acquired or cancelled by the new corporation within 60 days after the amalgamation.

2001, c. 7, s. 55; 2010, c. 5, s. 49.

550.9. Where at any time there is an amalgamation of a corporation, in this section referred to as the “parent”, and one or more other corporations, each of which is a subsidiary wholly-owned corporation of the parent, the following rules apply:

(a)  the shares of each subsidiary are deemed to have been disposed of by the parent immediately before the amalgamation for proceeds equal to the proceeds that would be determined under section 558 if sections 556 to 564.1 and 565 applied, with the necessary modifications, to the amalgamation; and

(b)  the cost to the new corporation formed on an amalgamation of each capital property of each subsidiary acquired on the amalgamation is deemed to be the amount that would have been the cost to the parent of the property if the property had been distributed at that time to the parent on a winding-up of the subsidiary and sections 556 to 564.1 and 565 had applied to the winding-up.

2001, c. 7, s. 55.

DIVISION II SHAREHOLDER OR CREDITOR OF A PREDECESSOR CORPORATION

1972, c. 23; 1975, c. 22, s. 129; 1997, c. 3, s. 71.

551. This division applies to a taxpayer who, immediately before an amalgamation, owned a capital property that was a share of the capital stock of a predecessor corporation, an option to acquire such a share, or a bond, a debenture, a hypothecary claim, a mortgage, a note or other similar obligation of such corporation and who received from the new corporation, by reason of such amalgamation, no consideration for the disposition of such capital property other than a property that is, as the case may be, a share of the capital stock of the new corporation, an option to acquire such share, a bond, a debenture, a hypothecary claim, a mortgage, a note or another similar obligation, respectively, of the new corporation.

However, this division does not apply if the taxpayer is himself a predecessor corporation or if the amount payable on the maturity of the bond, debenture, hypothecary claim, mortgage, note or other similar obligation received as consideration for the capital property disposed of on the amalgamation is not the same as the amount that would have been payable on the maturity of such capital property disposed of.

1972, c. 23, s. 429; 1975, c. 22, s. 130; 1996, c. 39, s. 152; 1997, c. 3, s. 71; 2005, c. 1, s. 120.

552. The taxpayer referred to in section 551 is deemed to have disposed, by reason of the amalgamation, of capital property described therein for proceeds equal to its adjusted cost base to him immediately before the amalgamation.

1972, c. 23, s. 430; 1975, c. 22, s. 131.

553. The taxpayer referred to in section 551 is deemed to have acquired the property received as consideration for the disposition at a cost equal to the proceeds determined under section 552 for the capital property disposed of or, in the case of a share of any particular class of the new corporation, at a cost equal to that proportion of such proceeds that the fair market value, immediately after the amalgamation, of the share of such class so acquired by him is of the fair market value, at the same time, of all the shares so acquired by him.

1972, c. 23, s. 431; 1974, c. 18, s. 23; 1975, c. 22, s. 132; 1997, c. 3, s. 71.

553.1. Notwithstanding sections 552 and 553, where, immediately before the amalgamation, the fair market value of the shares of the capital stock of a predecessor corporation that belonged to a taxpayer exceeds the fair market value, immediately after the amalgamation, of the shares he has received as consideration, and it is reasonable to regard all or any portion of such excess as a benefit that the taxpayer desires to have conferred on a person related to the taxpayer, the following rules apply:

(a)  the taxpayer shall be deemed to dispose of the shares of the capital stock of the predecessor corporation for proceeds equal to the lesser of their fair market value immediately before the amalgamation and the aggregate of their adjusted cost base to him at the same time, and the amount of the benefit conferred;

(b)  the taxpayer’s capital loss resulting from the disposition of the shares shall be deemed to be nil; and

(c)  the cost to the taxpayer of any share of any class of the capital stock of the new corporation acquired by him on the amalgamation is deemed to be that proportion of the lesser of the adjusted cost base to him, immediately before the amalgamation, of the shares disposed of and the aggregate of the fair market value, immediately after the amalgamation, of all the shares acquired by him on the amalgamation, and the amount that, but for paragraph b, would be the taxpayer’s capital loss from the disposition of the shares, that the fair market value, immediately after the amalgamation, of such share of that class is of the fair market value, at the same time, of the aggregate of the shares so acquired by him.

1982, c. 5, s. 125; 1997, c. 3, s. 71.

553.2. Where the cost to a taxpayer referred to in section 551 of a property received as consideration for the disposition that is an option or a bond, debenture or note is determined at any time under section 553 and the terms of the bond, debenture or note conferred upon the holder the right to exchange that bond, debenture or note for shares,

(a)  the taxpayer shall deduct after that time, in computing the adjusted cost base to the taxpayer of the property, the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing, immediately before that time, the adjusted cost base to the taxpayer of the capital property disposed of; and

(b)  the taxpayer shall add, after that time, in computing the adjusted cost base to the taxpayer of the property, the amount determined under paragraph a.

1996, c. 39, s. 153.

554. Where the capital property disposed of that is referred to in section 551 is a share or an option to acquire such a share which is, to the taxpayer, taxable Québec property or taxable Canadian property, as the case may be, the share or the option received as consideration is deemed to be such property, respectively, of the taxpayer.

1975, c. 22, s. 134; 1996, c. 39, s. 154.

555. Subject to subsection 2 of section 95 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) where it has effect for the purposes of section 579, this division applies, with the necessary modifications, to a taxpayer in respect of a share or an option to acquire a share of the capital stock of a corporation where there is a foreign merger under which a share owned by the taxpayer or an option owned by the taxpayer to acquire such a share of the capital stock of a corporation that was a predecessor foreign corporation immediately before the merger is exchanged for or becomes a share or an option to acquire a share of the capital stock of a new foreign corporation or a foreign parent corporation.

Notwithstanding the foregoing, the first paragraph does not apply where the taxpayer makes a valid election under subsection 8 of section 87 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to have the rules provided for in that section not apply in respect of the exchange.

1975, c. 22, s. 136; 1984, c. 15, s. 117; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 85, s. 95; 2001, c. 53, s. 82; 2004, c. 8, s. 110.

555.0.1. In this chapter, “foreign merger” means a merger or combination of corporations each of which was, immediately before the merger or combination, resident in a country other than Canada, each of which is in this chapter referred to as a “predecessor foreign corporation”, to form one corporate entity resident in a country other than Canada, in this chapter referred to as the “new foreign corporation”, in such a manner that, by reason of the merger or combination and otherwise than as a result of the distribution of property to one corporation on the winding-up of another corporation,

(a)  all or substantially all of the property, except any amount receivable from any predecessor foreign corporation or share of the capital stock of any predecessor foreign corporation, of the predecessor foreign corporations immediately before the merger or combination becomes property of the new foreign corporation;

(b)  all or substantially all of the liabilities, except any amount payable to any predecessor foreign corporation, of the predecessor foreign corporations immediately before the merger or combination become liabilities of the new foreign corporation; and

(c)  all or substantially all of the shares of the capital stock of the predecessor foreign corporations, except any shares or options owned by any predecessor foreign corporation, are exchanged for or become shares of the capital stock of

i.  the new foreign corporation, or

ii.  another corporation resident in a country other than Canada, in this chapter referred to as the “foreign parent corporation”, if, immediately after the merger, the new foreign corporation was controlled by the foreign parent corporation.

1984, c. 15, s. 117; 1997, c. 3, s. 71; 2001, c. 53, s. 83; 2004, c. 8, s. 111.

DIVISION III RULES APPLICABLE TO CERTAIN MERGERS

1980, c. 13, s. 54.

555.1. This division applies where a new corporation resulting from the merger of several taxable Canadian corporations is, immediately after the merger, controlled by a taxable Canadian corporation, hereinafter called the “particular corporation”, and where, at the time of the merger, shares of the capital stock of the particular corporation are issued to persons who, immediately before the merger, were shareholders of a predecessor corporation.

1980, c. 13, s. 54; 1997, c. 3, s. 71.

555.2. For the purposes of paragraph c of subsection 1 of section 544, sections 551 to 554 and the Act respecting the application of the Taxation Act (chapter I-4), any share of the particular corporation received by a shareholder of a predecessor corporation is deemed to be a share of the new corporation received by the shareholder by virtue of the merger.

1980, c. 13, s. 54; 1997, c. 3, s. 71.

555.2.1. For the purposes of sections 550.3 and 550.5, a share of the particular corporation issued to a shareholder in consideration for the disposition of a share of any class of the capital stock of a predecessor corporation is deemed to be a share of any class of the capital stock of the new corporation that was issued in consideration for the disposition of a share of any class of the capital stock of a predecessor corporation by that shareholder.

1993, c. 16, s. 218; 1997, c. 3, s. 71.

555.2.2. For the purposes of section 550.6, a right listed on a designated stock exchange to acquire a share of a class of the capital stock of the particular corporation is deemed to be a right listed on such a stock exchange to acquire a share of a class of the capital stock of the new corporation.

1993, c. 16, s. 218; 1997, c. 3, s. 71; 2001, c. 7, s. 56; 2010, c. 5, s. 50.

555.2.3. For the purposes of applying sections 551 to 553 and section 554 to the merger, in respect of a right to acquire a share, any reference therein to the new corporation shall be read as a reference to the particular corporation.

1994, c. 22, s. 202; 1997, c. 3, s. 71.

555.2.4. For the purpose of applying section 550.8 in respect of a merger,

(a)  the reference in paragraph b of that section to “the new corporation” shall be read as a reference to “the new corporation or the particular corporation, within the meaning assigned by Division III of this chapter”; and

(b)  the references in paragraphs c and f of that section to “the new corporation” shall be read as references to “the public corporation referred to in paragraph b”.

2001, c. 7, s. 57.

555.3. (1)  Notwithstanding section 553, the cost to the particular corporation of shares of any class of the capital stock of the new corporation is deemed to be equal to the aggregate of the cost to it of such shares as determined under section 553 and, where all of the issued shares of the capital stock of the new corporation are owned by the particular corporation immediately after the merger, the portion attributed to those shares in accordance with section 555.4 of the amount referred to in subsection 2.

(2)  The amount referred to in subsection 1 is the amount by which the aggregate, immediately before the merger, of the adjusted cost bases to the particular corporation of all the shares of a predecessor corporation that were then beneficially owned by it, is exceeded by the amount by which the aggregate, immediately after the merger, of the money on hand of the new corporation and the cost amount to the new corporation of each property owned by it exceeds the aggregate of all the debts of the new corporation.

1980, c. 13, s. 54; 1996, c. 39, s. 155; 1997, c. 3, s. 71.

555.4. For the purposes of section 555.3, the particular corporation shall itself determine in its fiscal return for the taxation year in which the merger occurs the portion of the amount referred to in subsection 2 of that section which is attributed to the shares of the class contemplated in that section.

However, the portion of that amount so attributed to shares of a particular class must not exceed the amount by which the fair market value, immediately after the merger, of the shares of that class issued by virtue of the merger exceeds the cost of those same shares to the particular corporation, determined without reference to this section nor to section 555.3.

Furthermore, the aggregate of the portions so attributed to the shares of each class of the capital stock of the new corporation must not exceed the amount referred to in subsection 2 of section 555.3.

1980, c. 13, s. 54; 1997, c. 3, s. 71; 1997, c. 14, s. 85.

CHAPTER VII WINDING-UP OF A CANADIAN SUBSIDIARY

1972, c. 23.

556. Notwithstanding any other provision of this Part other than section 427.4, the rules set forth in this chapter apply to the winding-up after 6 May 1974 of a taxable Canadian corporation not less than 90% of the issued shares of each class of the capital stock of which were, immediately before the winding-up, owned by another taxable Canadian corporation, and the balance of the shares of which were owned by persons with whom the other corporation was dealing at arm’s length.

In this chapter, the wound-up corporation is called the “subsidiary” while the other corporation owning the shares is called “parent”.

1972, c. 23, s. 434; 1975, c. 22, s. 137; 1980, c. 13, s. 55; 1982, c. 5, s. 126; 1989, c. 77, s. 61; 1997, c. 3, s. 71.

557. Any property, other than an interest in a partnership, that was distributed to the parent by a subsidiary on the winding-up is deemed to have been disposed of by the subsidiary for proceeds equal to the cost amount to the subsidiary of the property immediately before the winding-up.

However,

(a)  in the case of a Canadian resource property, a foreign resource property or a right to receive production, as defined in section 158.1, to which a matchable expenditure, as defined in section 158.1, relates, the proceeds are deemed to be equal to zero; and

(b)  in the case of a specified debt obligation, within the meaning assigned by section 851.22.1, other than a mark-to-market property, within the meaning assigned by that section, the property is deemed, except for the purposes of section 427.4, not to have been disposed of where the subsidiary was a financial institution, within the meaning assigned by section 851.22.1, in its taxation year in which its property was distributed to the parent on the winding-up and the parent was such a financial institution in its taxation year in which it received the property of the subsidiary on the winding-up.

Each interest of the subsidiary in a partnership that was distributed to the parent on the winding-up is deemed, except for the purposes of section 632, not to have been disposed of by the subsidiary.

1972, c. 23, s. 435; 1975, c. 22, s. 138; 1986, c. 19, s. 120; 1989, c. 77, s. 62; 1993, c. 16, s. 219; 1994, c. 22, s. 203; 1996, c. 39, s. 156; 1997, c. 3, s. 71; 2001, c. 7, s. 58.

558. The parent is deemed to dispose, on the winding-up, of the shares of the capital stock of the subsidiary owned by it immediately before that time for proceeds equal to the greater of

(a)  the lesser of

i.  the paid-up capital in respect of the shares immediately before the winding-up; and

ii.  the amount by which the aggregate of the amounts each of which is in respect of any property owned by the subsidiary immediately before the winding-up and equal to the cost amount to it of the property at that time, plus its cash then on hand, exceeds the aggregate of all the debts of the subsidiary immediately before the winding-up and of the amount of each reserve deducted by the subsidiary in computing its income for the taxation year during which its property was distributed to the parent on the winding-up, other than a reserve contemplated in sections 153, 234, 279, 357 and 358; or

(b)  the aggregate of amounts each of which is in respect of any share of the capital stock of the subsidiary and equal to the adjusted cost base of the share to the parent, immediately before the winding-up.

1972, c. 23, s. 436; 1973, c. 17, s. 63; 1973, c. 18, s. 22; 1975, c. 22, s. 139; 1978, c. 26, s. 100; 1982, c. 5, s. 127; 1993, c. 16, s. 220; 1997, c. 3, s. 71; 1997, c. 14, s. 86.

559. Notwithstanding the reference to section 546 in section 564, except where section 546 applies in respect of a property to which subparagraph b of the second paragraph of section 557 applies, the cost to the parent of each property of the subsidiary distributed to the parent on the winding-up is deemed, subject to the second paragraph, to be equal

(a)  in the case of a property that is an interest in a partnership, to the amount that but for this section would be the cost to the parent of the property; and

(b)  in any other case, to the amount by which the amount that, but for section 427.4, would be deemed by section 557 to be the proceeds of disposition of the property exceeds the amount by which the cost amount to the subsidiary has been reduced because of sections 485 to 485.18 on the winding-up.

If the property referred to in the first paragraph is a capital property, other than property described in the third paragraph, owned by the subsidiary at the time the parent last acquired control of the subsidiary and subsequently without interruption until the time it was distributed to the parent on the winding-up, there is to be added to the cost to the parent of the property, as otherwise determined under the first paragraph, the amount determined under section 560 in respect of the property.

The property referred to in the second paragraph is

(a)  depreciable property, including a leasehold interest in a depreciable property and an option to acquire a depreciable property;

(b)  property transferred to the parent on the winding-up where the transfer is part of a distribution, within the meaning assigned by section 308.0.1, made in the course of a reorganization in which a dividend was received to which section 308.1 would, but for section 308.3, apply;

(c)  property acquired by the subsidiary from the parent or from any person or partnership that was not, otherwise than because of a right referred to in paragraph b of section 20, dealing at arm’s length with the parent, or any other property acquired by the subsidiary in substitution for it, where the acquisition was part of the series of transactions or events in which the parent last acquired control of the subsidiary; or

(d)  property distributed to the parent on the winding-up where, as part of the series of transactions or events that includes the winding-up,

i.  the parent acquired control of the subsidiary, and

ii.  any property distributed to the parent on the winding-up or any other property acquired by any person in substitution therefor is acquired by

(1)  a particular person, other than a specified person, that, at any time during the course of the series and before control of the subsidiary was last acquired by the parent, was a specified shareholder of the subsidiary,

(2)  two or more persons, other than specified persons, if a particular person would have been, at any time during the course of the series and before control of the subsidiary was last acquired by the parent, a specified shareholder of the subsidiary if all the shares that were then owned by those two or more persons were owned at that time by the particular person, or

(3)  a corporation, other than a specified person or the subsidiary, of which a particular person referred to in subparagraph 1 is, at any time during the course of the series of transactions or events and after control of the subsidiary was last acquired by the parent, a specified shareholder, or of which a particular person would be, at any time during the course of the series of transactions or events and after control of the subsidiary was last acquired by the parent, a specified shareholder if all the shares then owned by persons, other than specified persons, referred to in subparagraph 2 and acquired by those persons as part of the series of transactions or events were owned at that time by the particular person.

1972, c. 23, s. 437; 1975, c. 22, s. 140; 1978, c. 26, s. 101; 1980, c. 13, s. 56; 1984, c. 15, s. 118; 1989, c. 77, s. 63; 1990, c. 59, s. 200; 1993, c. 16, s. 221; 1994, c. 22, s. 204; 1996, c. 39, s. 157; 1997, c. 3, s. 71; 2000, c. 5, s. 125; 2004, c. 8, s. 112; 2009, c. 5, s. 182.

560. The amount that is to be added to the cost, to the parent, of a particular capital property described in the second paragraph of section 559 is equal, subject to the second paragraph, to the lesser of

(a)  the total of

i.  the amount designated after 19 December 2006 by the parent in accordance with paragraph d of subsection 1 of section 88 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in relation to the particular capital property, and

ii.  if the total of the amounts designated by the parent in accordance with paragraph d of subsection 1 of section 88 of the Income Tax Act in relation to the aggregate of the capital properties described in the second paragraph of section 559 corresponds to the maximum total of the amounts that the parent may then designate in accordance with that paragraph d in relation to the aggregate of those capital properties, the portion—that is specified by the parent, in its fiscal return under this Part for the taxation year in which the subsidiary is wound up, in relation to the particular capital property and that is not so specified in relation to another capital property—of the amount by which the amount described in the third paragraph in respect of the capital properties described in the second paragraph of section 559 exceeds the portion of the maximum total of the amounts that the parent may then designate in accordance with that paragraph d in relation to the aggregate of those capital properties that exceeds the aggregate of all amounts each of which is the amount by which the amount described in subparagraph i in respect of a capital property described in the second paragraph of section 559 exceeds the amount determined under subparagraph b in respect of that capital property; and

(b)  the amount by which the fair market value of the particular capital property, at the time the parent last acquired control of the subsidiary, exceeds the cost amount of that capital property to the subsidiary immediately before the winding-up.

However, if the aggregate of the amounts determined under the first paragraph in respect of the capital properties described in the second paragraph of section 559 would, but for this paragraph, exceed the amount described in the third paragraph, the amount otherwise determined under the first paragraph in respect of such a capital property must be reduced to the amount specified in relation to that capital property by the parent in its fiscal return under this Part for the taxation year in which the subsidiary is wound up or, if no amount is so specified, by the Minister, so that the aggregate is equal to the amount described in the third paragraph.

The amount referred to in subparagraph ii of subparagraph a of the first paragraph and in the second paragraph is an amount equal to the amount by which the aggregate described in paragraph b of section 558 exceeds the aggregate of

(a)  the amount determined under subparagraph ii of paragraph a of section 558; and

(b)  the aggregate of each amount relating to a share of the capital stock of the subsidiary disposed of by the parent on the winding-up or in contemplation of the winding-up and equal to the aggregate of each amount received by the parent or by a corporation with which the parent was not dealing at arm’s length, otherwise than because of a right referred to in paragraph b of section 20 in respect of the subsidiary, in respect of that share or a share (in this subparagraph referred to as a “replacement share”) that replaced that share or a replacement share or that was exchanged for that share or a replacement share, as a taxable dividend, to the extent that the amount was deductible under sections 738 to 745 or section 845 in computing the taxable income of the recipient corporation for a taxation year and was not an amount on which it was required to pay prescribed tax, or as a capital dividend or life insurance capital dividend.

Chapter V.2 of Title II of Book I applies in relation to a designation made under paragraph d of subsection 1 of section 88 of the Income Tax Act or in relation to a determination made under this section before 20 December 2006.

1972, c. 23, s. 438; 1978, c. 26, s. 102; 1980, c. 13, s. 57; 1990, c. 59, s. 201; 1993, c. 16, s. 222; 1997, c. 3, s. 71; 2009, c. 5, s. 183.

560.1. For the purposes of sections 559 and 560, where the parent did not deal at arm’s length with another person at any time before the winding-up, the parent and the other person are deemed never to have dealt with each other at arm’s length, whether or not the parent and the other person coexisted.

The first paragraph does not apply if the other person is a corporation the control of which was acquired by the parent from a person with whom the parent dealt at arm’s length.

1980, c. 13, s. 58; 1997, c. 3, s. 71; 2000, c. 5, s. 126.

560.1.1. For the purposes of this section and subparagraph d of the third paragraph of section 559,

(a)  “specified person” at a particular time means the parent and each person that would, but for paragraph b of section 20, be related to the parent at that time and, for this purpose, a person is deemed not to be related to the parent where it can reasonably be considered that one of the main purposes of one or more transactions or events was to cause the person to be related to the parent so as to prevent a property that was distributed to the parent on the winding-up from being, for the purposes of section 559, a property described in the third paragraph of that section;

(b)  where at a particular time a property is owned or acquired by a partnership or a trust,

i.  the partnership or the trust, as the case may be, is deemed to be a corporation having one class of issued shares, which shares have full voting rights under all circumstances,

ii.  each member of the partnership or beneficiary under the trust, as the case may be, is deemed to own at that time the proportion of the number of issued shares of the capital stock of the corporation that the fair market value at that time of that member’s interest in the partnership or that beneficiary’s interest in the trust, as the case may be, is of the fair market value at that time of all the members’ interests in the partnership or beneficiaries’ interests in the trust, as the case may be, and

iii.  the property is deemed to have been owned or acquired at that time by the corporation; and

(c)  in determining whether a person is a specified shareholder of a corporation,

i.  the reference in section 21.17 to “the issued shares of any class of the capital stock of the corporation or of any other corporation that is related to the corporation” shall be read as a reference to “the issued shares of any class, other than a specified class, of the capital stock of the corporation or of any other corporation that is related to the corporation and that has a significant direct or indirect interest in any issued shares of the capital stock of the corporation”, and

ii.  a corporation is deemed not to be a specified shareholder of itself.

1996, c. 39, s. 158; 1997, c. 3, s. 71; 2000, c. 5, s. 127; 2004, c. 8, s. 113.

560.1.2. For the purposes of subparagraph ii of subparagraph d of the third paragraph of section 559, property acquired by any person in substitution for particular property or properties distributed to the parent on the winding-up includes the following property but not the property described in the second paragraph:

(a)  property, other than a specified property, owned by the person at a particular time after the acquisition of control referred to in subparagraph i of that subparagraph d the fair market value of which is, at the particular time, wholly or partly attributable to the particular property or properties; and

(b)  property owned by the person at a particular time after the acquisition of control referred to in subparagraph i of that subparagraph d the fair market value of which is, at the particular time, determinable primarily by reference to the fair market value of, or to any proceeds from a disposition of, the particular property or properties.

The property to which the first paragraph refers is

(a)  money;

(b)  property that was not owned by the person at a particular time after the acquisition of control referred to in subparagraph i of subparagraph d of the third paragraph of section 559; or

(c)  property described in subparagraph a of the first paragraph if the only reason the property is described in that subparagraph is because a specified property described in any of subparagraphs a to d of the first paragraph of section 560.1.3 was received as consideration for the acquisition of a share of the capital stock of the subsidiary in the circumstances described in those subparagraphs a to d.

2000, c. 5, s. 128.

560.1.2.1. For the purposes of subparagraph i of paragraph c of section 560.1.1 and this section, a specified class of the capital stock of a corporation is a class of shares of the capital stock of the corporation where

(a)  the paid-up capital in respect of the class was not, at any time, less than the fair market value of the consideration for which the shares of that class then outstanding were issued;

(b)  the shares are non-voting in respect of the election of the board of directors, except in the event of a failure or default under the terms or conditions of the shares;

(c)  under neither the terms and conditions of the shares nor any agreement in respect of the shares are the shares convertible into or exchangeable for shares other than shares of a specified class of the capital stock of the corporation; and

(d)  under neither the terms and conditions of the shares nor any agreement in respect of the shares is any holder of the shares entitled to receive on the redemption, cancellation or acquisition of the shares by the corporation or by any person with whom the corporation does not deal at arm’s length an amount, excluding any premium for early redemption, greater than the aggregate of the fair market value of the consideration for which the shares were issued and the amount of any unpaid dividends on the shares.

2004, c. 8, s. 114.

560.1.3. For the purposes of section 560.1.2, a specified property is

(a)  a share of the capital stock of the parent that was received as consideration for the acquisition of a share of the capital stock of the subsidiary by the parent or by a corporation that was a specified subsidiary corporation of the parent immediately before the acquisition;

(b)  an indebtedness that was issued by the parent as consideration for the acquisition of a share of the capital stock of the subsidiary by the parent;

(c)  a share of the capital stock of a taxable Canadian corporation that was received as consideration for the acquisition of a share of the capital stock of the subsidiary by the taxable Canadian corporation or by the parent where the parent was a specified subsidiary corporation of the taxable Canadian corporation immediately before the acquisition;

(d)  an indebtedness of a taxable Canadian corporation that was issued by it as consideration for the acquisition of a share of the capital stock of the subsidiary by the taxable Canadian corporation or by the parent where the parent was a specified subsidiary corporation of the taxable Canadian corporation immediately before the acquisition; or

(e)  where the subsidiary was formed on the amalgamation of two or more particular corporations at least one of which was a subsidiary wholly-owned corporation of the parent, a share of the capital stock of the subsidiary that was issued on the amalgamation in exchange for a share of the capital stock of a particular corporation and that was, immediately after the amalgamation, redeemed, acquired or cancelled by the subsidiary for money and, where the subsidiary was formed on the amalgamation of two or more particular corporations at least one of which was a subsidiary wholly-owned corporation of the parent, a share of the capital stock of the parent that was issued on the amalgamation in exchange for a share of the capital stock of a particular corporation and that was, immediately after the amalgamation, redeemed, acquired or cancelled by the parent for money.

For the purposes of the first paragraph, a corporation is a specified subsidiary corporation of another corporation, at a particular time, where the other corporation holds, at that time, shares of the corporation

(a)  that give the shareholder 90% or more of the votes that could be cast under all circumstances at an annual meeting of shareholders of the corporation; and

(b)  having a fair market value of 90% or more of the fair market value of all the issued shares of the capital stock of the corporation.

2000, c. 5, s. 128.

560.1.4. For the purposes of section 560.1.2 and notwithstanding section 21.4.2, where control of a corporation is acquired by way of articles of arrangement relating to the corporation, that control is deemed to have been acquired at the end of the day on which the arrangement becomes effective.

2000, c. 5, s. 128.

560.2. For the purposes of this paragraph and sections 559 and 560, the time at which a particular person or group of persons last acquired control of a subsidiary is, where control of the subsidiary was acquired from another person or group of persons, in this paragraph referred to as the “vendor”, with whom the particular person or group of persons was not dealing at arm’s length otherwise than solely because of a right referred to in paragraph b of section 20, deemed to be the earlier of

(a)  the time at which the vendor last acquired control, within the meaning of paragraph b of section 739, with the necessary modifications, of the subsidiary; and

(b)  the time at which the vendor is deemed for the purposes of this paragraph to have last acquired control of the subsidiary.

For the purposes of the first paragraph and sections 559 and 560, where control of a corporation is last acquired by a particular person or group of persons because of an acquisition of shares of the capital stock of the corporation as a consequence of the death of an individual, the particular person or group of persons is deemed to have last acquired control of the corporation immediately after the death from a person who dealt at arm’s length with the particular person or group of persons.

For the purposes of the first and second paragraphs and sections 559, 560 and 560.1.1 to 560.1.4, the following rules apply:

(a)  subject to subparagraph c, control of any corporation is deemed not to have been acquired by reason of an amalgamation;

(b)  any corporation formed as a result of an amalgamation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; and

(c)  in the case of a merger contemplated in section 555.1, where the parent did not have control of a predecessor corporation prior to the merger, the parent is deemed to have acquired control immediately before the merger.

1980, c. 13, s. 58; 1984, c. 15, s. 119; 1985, c. 25, s. 99; 1993, c. 16, s. 223; 1994, c. 22, s. 205; 1995, c. 49, s. 145; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2000, c. 5, s. 129; 2004, c. 8, s. 115.

560.3. For the purpose of determining after the winding-up the amount required by paragraph b of section 105 to be included in computing the parent’s income in respect of the business carried on by the subsidiary immediately before the winding-up, the parent shall add to the amount otherwise determined under subparagraph ii of subparagraph a of the second paragraph of section 107, the amount determined under that subparagraph ii in respect of that business immediately before the winding-up.

1994, c. 22, s. 206; 1997, c. 3, s. 71; 2003, c. 2, s. 136.

561. Section 505 and sections 36 to 41.2 of the Act respecting the application of the Taxation Act (chapter I-4) do not apply to a winding-up described in section 556, and sections 93.3.1 and 106.4 do not apply to such a winding-up with respect to property acquired by the parent on the winding-up.

1972, c. 23, s. 439; 1973, c. 17, s. 64; 1975, c. 22, s. 141; 1984, c. 15, s. 120; 2000, c. 5, s. 130.

562. The subsidiary may, in computing its income for the taxation year during which its property was distributed to, and its obligations were assumed by, the parent on its winding-up, claim any reserve that would have been allowed to it for the year under this Part if its property had not been transferred to, or its obligations had not been assumed by, the parent on the winding-up.

Notwithstanding any other provision of this Part, the subsidiary is not bound to include any amount whatever in respect of any reserve so claimed in computing its income for the following taxation year.

1975, c. 22, s. 142; 1990, c. 59, s. 202; 1997, c. 3, s. 71; 1997, c. 14, s. 87.

563. If a subsidiary has made a gift in a taxation year (in this section referred to as the “gift year”) for the purpose of computing the amount deductible under section 710 by the parent in computing its taxable income for a taxation year ending after the winding-up of the subsidiary, the parent is deemed to have made a gift, in its taxation year in which the gift year of the subsidiary ended, equal to the amount by which the aggregate of all amounts each of which is the amount of a gift or, in the case of a gift made after 20 December 2002, the eligible amount of the gift, made by the subsidiary in the gift year exceeds the aggregate of the amounts deducted under section 710 in computing the subsidiary’s taxable income in respect of those gifts.

1975, c. 22, s. 142; 1984, c. 15, s. 121; 1986, c. 19, s. 121; 1990, c. 59, s. 203; 1997, c. 3, s. 71; 2009, c. 5, s. 184.

564. Subject to the special provisions of this chapter, section 544.1, section 545, except as regards the computing of the taxable income of the parent corporation, section 546, subject to sections 481 to 483, section 548, the first paragraph of section 549 and sections 550 to 553 apply, with the necessary modifications, to a winding-up described in section 556.

1975, c. 22, s. 142; 1980, c. 13, s. 59; 1981, c. 12, s. 4; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2000, c. 39, s. 33; 2010, c. 25, s. 41.

564.0.1. Where a subsidiary is an insurance corporation, the following rules apply for the purposes of determining the portion of the gross investment revenue required to be included under section 825 in computing the income of the subsidiary and the parent and the amount of gains and losses of the subsidiary and the parent from property used or held by them in a taxation year in the course of carrying on an insurance business in Canada:

(a)  the subsidiary and the parent, in addition to their normal taxation years, are deemed to have had a taxation year ending immediately before the time when the property of the subsidiary was transferred to, and the obligations of the subsidiary were assumed by, the parent on the winding-up;

(b)  for the taxation years of the subsidiary and the parent following the time referred to in paragraph a, the property transferred to, and the obligations assumed by, the parent on the winding-up are deemed to have been transferred or assumed, as the case may be, on the last day of the taxation year ending immediately before that time.

1990, c. 59, s. 204; 1997, c. 3, s. 71; 1998, c. 16, s. 172.

564.0.2. For the purposes of section 851.22.15, the subsidiary’s taxation year in which its property was distributed to the parent on the winding-up is deemed to have ended immediately before the time when the property was distributed.

1996, c. 39, s. 159; 1997, c. 3, s. 71.

564.1. For the purposes of sections 741 to 744.2.2, where the parent acquires pursuant to a winding-up described in section 556 a share owned by the subsidiary,

(a)  any taxable dividend received on that share by the subsidiary that was deductible in computing the subsidiary’s taxable income for a taxation year under sections 738 to 745 or section 845 is deemed to be a taxable dividend received by the parent that was deductible in computing the parent’s taxable income for a taxation year under the said sections 738 to 745 or section 845, as the case may be;

(b)  any dividend, other than a taxable dividend, received on a share by the subsidiary is deemed to have been received on the share by the parent; and

(c)  a share acquired by the parent from the subsidiary is deemed to have been owned by the parent throughout any period of time throughout which it was owned by the subsidiary.

1978, c. 26, s. 103; 1989, c. 77, s. 64; 1997, c. 3, s. 71; 2001, c. 7, s. 59.

564.2. For the purpose of computing the taxable income of the parent for any taxation year commencing after the commencement of a winding-up described in section 556 or that would be if the expression “taxable Canadian corporation” were replaced by the expression “Canadian corporation”, such portion of any non-capital loss, restricted farm loss, farm loss or limited partnership loss of the subsidiary for a particular taxation year as may reasonably be regarded as its loss from carrying on a particular business, any other portion of any non-capital loss or limited partnership loss of the subsidiary for any such year as may reasonably be regarded as being derived from any other source or any other portion of any non-capital loss of the subsidiary for any such year as may reasonably be regarded as being due to an amount added to its taxable income for the year under section 726.5, as it read before its repeal, or the net capital loss sustained by the subsidiary for any such year is deemed, for the purposes of this section, sections 564.3 to 564.4.4, 727, 728.2, 729, 731, 733.0.0.1, 734 and 735, to be a non-capital loss, restricted farm loss, farm loss or limited partnership loss of the parent from carrying on the particular business of the subsidiary, a non-capital loss or limited partnership loss of the parent that was derived from the source from which the subsidiary sustained such portion of its non-capital loss or limited partnership loss, a non-capital loss of the parent due to an amount added to its taxable income for the year under section 726.5, as it read before its repeal, or a net capital loss, respectively, sustained by the parent for its taxation year during which the particular taxation year of the subsidiary ended.

1978, c. 26, s. 103; 1984, c. 15, s. 122; 1985, c. 25, s. 100; 1986, c. 19, s. 122; 1988, c. 4, s. 39; 1993, c. 16, s. 224; 1993, c. 19, s. 22; 1997, c. 3, s. 71.

564.3. Section 564.2 applies only to the extent that the loss referred to therein was not deducted in computing the taxable income of the subsidiary for any taxation year and would have been deductible in such computation for any taxation year commencing after the commencement of the winding-up if the subsidiary had such a taxation year as well as sufficient income and taxable capital gains for that year.

1978, c. 26, s. 103; 1985, c. 25, s. 100; 1993, c. 16, s. 224.

564.4. Where section 564.2 applies and where, at any time, control of the parent or subsidiary has been acquired by a person or group of persons, no amount in respect of a net capital loss of the subsidiary for a taxation year ending before that time is deductible in computing the parent’s taxable income for a taxation year ending after that time.

1978, c. 26, s. 103; 1984, c. 15, s. 123; 1993, c. 16, s. 224; 1997, c. 3, s. 71.

564.4.1. Where section 564.2 applies and where, at any time, control of the parent or subsidiary has been acquired by a person or group of persons, no amount in respect of the subsidiary’s non-capital loss or farm loss for a taxation year ending before that time is deductible in computing the taxable income of the parent for a particular taxation year ending after that time, except that portion of the subsidiary’s non-capital loss or farm loss that may reasonably be regarded as its loss from carrying on a business and, where a business was carried on by the subsidiary in that year, that portion of the non-capital loss that may reasonably be regarded as being in respect of an amount deductible under section 725.1.1 in computing its taxable income for the year, such portions being then deductible only if the parent or the subsidiary carried on that business for profit or with a reasonable expectation of profit throughout the particular year, and only up to the amount computed under section 564.4.2.

1984, c. 15, s. 123; 1985, c. 25, s. 101; 1986, c. 19, s. 123; 1989, c. 77, s. 65; 1990, c. 59, s. 205; 1997, c. 3, s. 71.

564.4.2. The amount referred to in section 564.4.1 is equal to the aggregate of the parent’s income for the particular year from the business contemplated in the said section and, where properties were sold, leased, rented or developed, or services were rendered in the course of carrying on that business before the time contemplated in the said section, from any other business substantially all the income of which was derived from the sale, leasing, rental or development, as the case may be, of similar properties or from the rendering of similar services.

1984, c. 15, s. 123; 1985, c. 25, s. 101; 1986, c. 19, s. 124; 1989, c. 77, s. 65; 1997, c. 3, s. 71.

564.4.3. For the purposes of section 564.4.1, where section 564.2 applies to the winding-up of a particular corporation in respect of which the subsidiary referred to in the said section 564.2 was the parent and section 564.4.1 applies in respect of losses of that particular corporation, the subsidiary is deemed to be the same corporation as, and a continuation of, that particular corporation with respect to those losses.

1993, c. 16, s. 225; 1997, c. 3, s. 71.

564.4.4. A parent may elect that any portion of a loss of the subsidiary that would otherwise be deemed, by reason of section 564.2, to be a loss of the parent for a particular taxation year commencing after the commencement of the winding-up be deemed, for the purpose of computing the parent’s taxable income for a taxation year commencing after the commencement of a winding-up described in section 556, to be a loss of the parent for its immediately preceding taxation year and not for the particular taxation year.

The parent referred to in the first paragraph must make the election referred to therein in its fiscal return under this Part for the particular taxation year.

1993, c. 16, s. 225; 1997, c. 3, s. 71.

564.4.5. For the purposes of sections 564.2 to 564.4.4, a corporation’s business that is at any time an adventure or concern in the nature of trade is deemed to be a business carried on at that time by the corporation.

2000, c. 5, s. 131.

564.5. For the purposes of sections 563, 564.2 to 564.4.2, 710 to 712, 727, 728.1, 729, 731, 733.0.0.1 and 734 to 735.1, where a parent corporation was incorporated or otherwise formed after the end of a taxation year during which one of its subsidiaries sustained a loss or made a gift, the parent corporation is deemed, for the purpose of computing its taxable income for any taxation year,

(a)  to have been in existence during the period commencing immediately before the end of the first year during which the subsidiary sustained a loss or made a gift, as the case may be, and ending immediately after it was incorporated or otherwise formed;

(b)  to have had throughout that period fiscal periods ending on the day of the year on which its first fiscal period ended; and

(c)  to have been controlled throughout that period by the person or persons who controlled it immediately after it was incorporated or otherwise formed.

1978, c. 26, s. 103; 1981, c. 12, s. 5; 1984, c. 15, s. 123; 1985, c. 25, s. 101; 1995, c. 63, s. 43; 1997, c. 3, s. 71; 1997, c. 14, s. 88; 2000, c. 39, s. 34; 2001, c. 53, s. 84.

564.6. (Repealed).

1979, c. 18, s. 48; 1986, c. 19, s. 125; 1997, c. 3, s. 26; 2000, c. 5, s. 132.

564.7. (Repealed).

1981, c. 12, s. 6; 1985, c. 25, s. 102; 1995, c. 63, s. 44; 1997, c. 3, s. 71; 2000, c. 39, s. 35.

564.8. (Repealed).

1995, c. 63, s. 45; 1997, c. 3, s. 71; 1997, c. 14, s. 89.

564.9. (Repealed).

1995, c. 63, s. 45; 1997, c. 3, s. 71; 1997, c. 14, s. 89.

565. For the purposes of sections 93 to 104, 130 and 130.1 and of the regulations made under paragraph a of section 130, where the subsidiary distributes depreciable property to the parent on the winding-up and the capital cost of the property to the subsidiary exceeds the proceeds it is deemed to receive under section 557, the capital cost of the property to the parent is deemed equal to that to the subsidiary, notwithstanding section 559, and the excess is deemed to have been allowed to the parent as depreciation in respect of such property for the taxation years preceding its acquisition of the property.

1972, c. 23, s. 440; 1979, c. 18, s. 49; 1997, c. 3, s. 71.

565.1. For the purposes of Chapter VII.1 of the Act respecting the application of the Taxation Act (chapter I-4) and sections 332.1, 332.2, 359.1 to 359.17, 362 to 418.36, 419.1 to 419.4 and 419.6, where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, its parent is deemed to be the same corporation as, and a continuation of, the subsidiary.

1986, c. 19, s. 126; 1989, c. 77, s. 66; 1997, c. 3, s. 71; 1998, c. 16, s. 173.

565.2. Where a corporation that carries on a farming business and computes its income from that business in accordance with the cash method is wound up in circumstances to which sections 556 to 564.1 and 565 apply and, at the particular time that is immediately before the winding-up, owned inventory that was used in connection with the business, the following rules apply:

(a)  for the purposes of the first paragraph of section 557, the cost amount to the corporation, at the particular time, of property purchased by it that is included in the inventory is deemed to be the amount determined by the formula

[(A × B) / C] + D;

(b)  for the purposes of subparagraph a of the second paragraph of section 194, the disposition of the inventory and the receipt of the proceeds of disposition are deemed to have occurred at that particular time in the course of carrying on the business;

(c)  for the purposes of section 194, where the parent carries on a farming business and computes its income from that business in accordance with the cash method, the following rules apply:

i.  an amount equal to the cost to the parent of the inventory is deemed to have been paid by it in the course of carrying on a business and at the time it acquired the inventory, and

ii.  the parent is deemed to have purchased the inventory for an amount equal to that cost in the course of carrying on that business and at the time referred to in subparagraph i.

For the purposes of the formula set forth in subparagraph a of the first paragraph,

(a)  A is the amount that would be included by reason of subparagraph c of the second paragraph of section 194 in computing the corporation’s income for its last taxation year commencing before the particular time referred to in the first paragraph if that taxation year had ended at that time,

(b)  B is the value, determined in accordance with section 194.2, to the corporation at that time of the inventory purchased by it and distributed to the parent on the winding-up,

(c)  C is the value, determined in accordance with section 194.2, of all of the inventory purchased by the corporation that was owned by it in connection with that business at that time,

(d)  D is the lesser of

i.  such additional amount as the corporation designates in respect of the property, and

ii.  the amount by which the fair market value of the property at the particular time referred to in the first paragraph exceeds the amount determined under subparagraph a in respect of the property.

1993, c. 16, s. 226; 1997, c. 3, s. 71.

CHAPTER VIII WINDING-UP OF A CANADIAN CORPORATION

1975, c. 22, s. 146; 1997, c. 3, s. 71.

566. The rules provided in this chapter apply to the winding-up after 1978 of a Canadian corporation other than a subsidiary to the winding-up of which the rules in sections 556 to 564.1 and 565 apply where, at a particular time in the course of the winding-up, all or substantially all of the property owned by the corporation immediately before such time is distributed to its shareholders.

1973, c. 17, s. 65; 1975, c. 22, s. 143; 1978, c. 26, s. 104; 1986, c. 19, s. 127; 1997, c. 3, s. 71.

566.1. For the purposes of computing the income of the corporation for its taxation year that includes the particular time referred to in section 566, paragraph u of section 87 shall read as if the reference therein to “in respect of a property acquired or an expenditure made in a preceding taxation year in computing the taxpayer’s tax payable for” were a reference to “in computing the taxpayer’s tax payable for the year or”.

1990, c. 59, s. 206; 1997, c. 3, s. 71.

567. For the purposes of computing for the corporation, at the time immediately before the particular time referred to in section 566, its capital dividend account, its capital gains dividend account and its pre-1972 capital surplus on hand within the meaning of the regulations, the taxation year of the corporation that would normally include the particular time is deemed to have ended immediately before the time of computation and a new taxation year to have commenced at the time of computation; furthermore, the corporation is deemed to have disposed immediately before the end of the taxation year so deemed to have ended, of each property distributed to shareholders at the particular time for proceeds equal to the fair market value thereof immediately before the particular time.

1973, c. 17, s. 65; 1975, c. 22, s. 144; 1978, c. 26, s. 104; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

568. The following rules apply where the corporation is deemed to pay a dividend at a particular time under section 505 on shares of any class of its capital stock:

(a)  for the purposes of the election provided for in section 502 or 1106 and, if the corporation has so elected, for all other purposes, such dividend is deemed to be a separate dividend to the extent that it does not exceed its capital dividend account or its capital gains dividend account within the meaning of the regulations made under section 567, as the case may be, immediately before that time;

(a.1)  (paragraph replaced);

(b)  the portion of the dividend equal to the lesser of its pre-1972 capital surplus on hand within the meaning of the regulations made under section 567, immediately before the particular time, and the amount by which the dividend exceeds the portion that has been the subject of an election under section 502 is deemed not to be a dividend;

(c)  the portion of the dividend that exceeds the aggregate of the amount deemed, under paragraph a, to be a separate dividend for all purposes and the portion deemed under paragraph b not to be a dividend is deemed, notwithstanding paragraph g of section 570, to be a separate dividend that is a taxable dividend;

(d)  every person who holds shares of that class at that particular time is deemed to receive the proportion of any separate dividend determined under paragraph a or c represented by the proportion between the number of shares of that class held by him immediately before the particular time and the number of shares of that class then issued and outstanding.

1973, c. 17, s. 65; 1975, c. 22, s. 145; 1978, c. 26, s. 104; 1984, c. 15, s. 124; 1987, c. 67, s. 124; 1993, c. 16, s. 227; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

CHAPTER IX DISSOLUTION OF A FOREIGN AFFILIATE

1975, c. 22, s. 146.

569. If, because of the dissolution of a controlled foreign affiliate, within the meaning of section 572, of a taxpayer, the taxpayer receives a share of the capital stock of another foreign affiliate of the taxpayer, the following rules apply:

(a)  the dissolved affiliate’s proceeds of disposition of the share and the cost of the share to the taxpayer are deemed to be equal to the adjusted cost base to the affiliate of the share immediately before its dissolution or, if, in accordance with paragraph a of subsection 3 of section 88 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the taxpayer claims an amount after 19 December 2006 in respect of the share and that amount is greater than the adjusted cost base, to that greater amount; and

(b)  the taxpayer’s proceeds of disposition of the shares of the capital stock of the dissolved affiliate are deemed to be equal to the amount by which the aggregate of the cost to the taxpayer of each share so received upon the dissolution and the fair market value of any other property that the taxpayer also received at the same time exceeds the amount determined under the second paragraph.

The amount to which subparagraph b of the first paragraph refers is equal to the aggregate of any debt owing by the dissolved affiliate or of any other obligation of the affiliate to pay an amount, otherwise than as a dividend owing by it to the taxpayer or to a person with whom the taxpayer is not dealing at arm’s length, that was outstanding immediately before its dissolution and that is assumed or cancelled by the taxpayer on the dissolution.

Chapter V.2 of Title II of Book I applies in relation to a claim made under paragraph a of subsection 3 of section 88 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1975, c. 22, s. 146; 1977, c. 26, s. 63; 1984, c. 15, s. 125; 1993, c. 16, s. 228; 2009, c. 5, s. 185.

CHAPTER IX.0.1 WINDING-UP THAT IS A SIFT TRUST WIND-UP EVENT

2010, c. 25, s. 42.

569.0.1. Section 569.0.2 applies to a trust’s distribution of property to a taxpayer if

(a)  the distribution is a SIFT trust wind-up event;

(b)  the trust is

i.  a SIFT wind-up entity whose only beneficiary, at all times at which the trust makes a distribution that is a SIFT trust wind-up event, is a taxable Canadian corporation, or

ii.  a trust whose only beneficiary, at all times at which the trust makes a distribution that is a SIFT trust wind-up event, is another trust described in subparagraph i;

(c)  where the trust is a SIFT wind-up entity, the distribution occurs no more than 60 days after the first SIFT trust wind-up event of the trust or, if it is earlier, the first distribution to the trust that is a SIFT trust wind-up event of another trust; and

(d)  where the property is shares of the capital stock of a taxable Canadian corporation,

i.  the property was not acquired by the trust as part of a distribution referred to in section 688.3, and

ii.  the trust makes a valid election under subparagraph ii of paragraph d of subsection 1 of section 88.1 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) in relation to the distribution.

Chapter V.2 of Title II of Book I applies in relation to an election made under subparagraph ii of paragraph d of subsection 1 of section 88.1 of the Income Tax Act.

2010, c. 25, s. 42.

569.0.2. If the conditions in section 569.0.1 are met, in respect of a trust’s distribution of property to a taxpayer, Chapter VII, and Chapter VI and sections 21.2 to 21.3.1 as they apply for the purposes of Chapter VII, apply in respect of the distribution, with the necessary modifications, as if

(a)  the trust were a taxable Canadian corporation (in this section referred to as the “subsidiary”) other than a private corporation;

(b)  where the taxpayer is a SIFT wind-up entity, the taxpayer were a taxable Canadian corporation other than a private corporation;

(c)  the distribution were a winding-up of the subsidiary;

(d)  the taxpayer’s interest as a beneficiary under the trust were shares of a single class of shares of the capital stock of the subsidiary owned by the taxpayer;

(e)  section 558 deemed the taxpayer’s proceeds of disposition of the shares described in paragraph d and owned by the taxpayer immediately before the distribution to be equal to the adjusted cost base to the taxpayer of the taxpayer’s interest as a beneficiary under the trust immediately before the distribution;

(f)  each trust, a majority-interest beneficiary (within the meaning of section 21.0.1) of which is another trust that because of the application of this section is deemed to be a corporation, were a corporation; and

(g)  except for the purposes of sections 564.2 to 564.4.2, the taxpayer last acquired control of the subsidiary and of each corporation (including any trust that because of the application of this section is deemed to be a corporation) controlled by the subsidiary at the time at which the taxpayer last became a majority-interest beneficiary (within the meaning of section 21.0.1) of the trust.

2010, c. 25, s. 42.

CHAPTER IX.1

Repealed, 1995, c. 49, s. 146.

1982, c. 5, s. 128; 1995, c. 49, s. 146.

569.1. (Repealed).

1982, c. 5, s. 128; 1995, c. 49, s. 146.

569.2. (Repealed).

1982, c. 5, s. 128; 1995, c. 49, s. 146.

569.3. (Repealed).

1982, c. 5, s. 128; 1995, c. 49, s. 146.

CHAPTER X DEFINITIONS AND GENERAL PROVISIONS

1972, c. 23; 1995, c. 49, s. 147.

570. In this Title:

(a)  “paid-up capital” means the amount determined according to the rules prescribed for that purpose;

(b)  “capital dividend account” of a corporation at any particular time means the amount determined according to the rules prescribed for that purposes;

(b.1)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  “taxable dividend” means a dividend other than a dividend in respect of which the corporation paying it elects in accordance with section 501 as it reads before 1 January 1979, or with section 502, or other than a dividend contemplated in section 501.1;

(h)  (paragraph replaced);

(i)  (paragraph replaced);

(j)  (paragraph replaced);

(k)  (paragraph replaced);

(l)  “Canadian corporation” at a particular time means a corporation that is resident in Canada at that time and incorporated in Canada or resident in Canada throughout the period from 18 June 1971 to that time;

(m)  “taxable Canadian corporation” means a corporation that, at the time the expression is relevant, is a Canadian corporation that is not, by virtue of a statutory provision other than paragraph k of section 998, exempt from tax under this Part;

(n)  “private corporation” at any particular time means a corporation that is resident in Canada at that time, is not a public corporation and is not controlled by one or more public corporations, other than prescribed venture capital corporations, or prescribed State bodies or federal Crown bodies or by any combination thereof;

(o)  “public corporation” means a public corporation within the meaning assigned by subsection 1 of section 89 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) and the regulations made under that section, and a corporation that is deemed to be a public corporation under paragraph ii of subsection 2 of section 87 of the Income Tax Act.

1972, c. 23, s. 441; 1975, c. 22, s. 147; 1978, c. 26, s. 105; 1980, c. 13, s. 60; 1984, c. 15, s. 126; 1987, c. 67, s. 125; 1990, c. 59, s. 207; 1993, c. 16, s. 229; 1994, c. 22, s. 207; 1996, c. 39, s. 160; 1997, c. 3, s. 27; 1998, c. 16, s. 174; 2005, c. 38, s. 80; 2009, c. 5, s. 186.

570.1. For the purposes of paragraph l of section 570, a corporation formed at any time by the amalgamation or merger of, or by a plan of arrangement or other corporate reorganization in respect of, two or more corporations is a Canadian corporation because it is resident in Canada at that time and was incorporated in Canada only if

(a)  that reorganization took place under the laws of Canada or a province, and

(b)  each of those corporations was, immediately before that time, a Canadian corporation.

The first paragraph does not apply in respect of a reorganization occurring as a result of the acquisition of property of one corporation by another corporation, pursuant to the purchase of the property by the other corporation or as a result of the distribution of the property to the other corporation on the winding-up of the corporation.

1995, c. 49, s. 148; 1997, c. 3, s. 28.

TITLE X SHAREHOLDERS OF CORPORATIONS AND BENEFICIARIES OF TRUSTS NOT RESIDENT IN CANADA AND HOLDERS OF OFFSHORE INVESTMENT FUND PROPERTY

1972, c. 23; 1975, c. 22, s. 148; 1997, c. 3, s. 71.

CHAPTER I FOREIGN AFFILIATE

1972, c. 23.

571. In this Title, “foreign affiliate”, at a particular time, of a taxpayer resident in Canada means a corporation not resident in Canada in which, at that time,

(a)  the taxpayer’s equity percentage is not less than 1%, and

(b)  the total of the equity percentages in the corporation of the taxpayer and of each person related to the taxpayer, where each such equity percentage is determined as if the determinations, in applying the rule provided in subparagraph b of the first paragraph of section 573, were made without reference to the equity percentage of any person in the taxpayer or in any person related to the taxpayer, is not less than 10%.

However, no corporation may be a foreign affiliate of a non-resident-owned investment corporation.

1972, c. 23, s. 442; 1973, c. 17, s. 66; 1975, c. 22, s. 149; 1996, c. 39, s. 161; 1997, c. 3, s. 71.

572. In this Title, a controlled foreign affiliate, at any time, of a taxpayer resident in Canada means a foreign affiliate of the taxpayer that

(a)  is, at that time, controlled by the taxpayer; or

(b)  would, at that time, be controlled by the taxpayer if the taxpayer owned all of the following shares of the capital stock of the foreign affiliate:

i.  the shares that are owned at that time by the taxpayer,

ii.  the shares that are owned at that time by any person who does not deal at arm’s length with the taxpayer,

iii.  the shares that are owned at that time by any person (in this section referred to as a “relevant Canadian shareholder”), in any set of persons not exceeding four (which set of persons is to be determined without reference to the existence of or the absence of any relationship, connection or action in concert between those persons), who

(1)  are resident in Canada,

(2)  are not the taxpayer or a person described in subparagraph ii, and

(3)  own, at that time, shares of the capital stock of the foreign affiliate, and

iv.  the shares that are owned at that time by any person who does not deal at arm’s length with any relevant Canadian shareholder.

1975, c. 22, s. 151; 1990, c. 59, s. 208; 1993, c. 16, s. 230; 2010, c. 25, s. 43.

572.1. For the purposes of this section and paragraph b of section 572, the following rules apply:

(a)  the shares of the capital stock of a corporation that are at any time owned by, or that are deemed by this section to be at any time owned by, another corporation are deemed to be, at that time, owned by, or property of, each shareholder of the other corporation in the proportion that the fair market value at that time of the shares of the capital stock of the other corporation that, at that time, are owned by, or are property of, the shareholder is of the fair market value at that time of all the issued and outstanding shares of the capital stock of the other corporation;

(b)  the shares of the capital stock of a corporation that are, or are deemed by this section to be, at any time, property of a partnership, are deemed to be, at that time, owned by, or property of, each member of the partnership in the proportion that the fair market value at that time of the member’s interest in the partnership is of the fair market value at that time of all interests in the partnership;

(c)  the shares of the capital stock of a corporation that are at any time owned by, or that are deemed by this section to be at any time owned by, a non-discretionary trust (within the meaning of section 127.1) other than an exempt trust are deemed to be, at that time, owned by, or property of, each beneficiary of the trust in the proportion that the fair market value at that time of the beneficiary’s beneficial interest in the trust is of the fair market value at that time of all beneficial interests in the trust; and

(d)  all of the shares of the capital stock of a corporation that are at any time owned by, or that are deemed by this section to be at any time owned by, a particular trust (other than a non-discretionary trust, within the meaning of section 127.1, or an exempt trust) are deemed to be, at that time, owned by, or property of,

i.  each beneficiary of the particular trust at that time, and

ii.  each settlor (within the meaning of section 127.1) in respect of the particular trust at that time.

2010, c. 25, s. 44.

572.2. In applying the assumption in paragraph b of section 572 in respect of a taxpayer resident in Canada to determine whether a foreign affiliate of the taxpayer is at any time a controlled foreign affiliate of the taxpayer, nothing in that paragraph or in section 572.1 is to be read or construed as requiring a right or an interest in a share of the capital stock of the foreign affiliate of the taxpayer owned at that time by the taxpayer to be taken into account more than once.

2010, c. 25, s. 44.

572.3. In this Title,

“eligible trust” means a trust, other than a trust

(a)  created or maintained for charitable purposes;

(b)  governed by an employee benefit plan;

(c)  described in subparagraph a.1 of the third paragraph of section 647;

(d)  governed by a salary deferral arrangement;

(e)  operated for the purpose of administering or providing pension benefits or employee benefits; or

(f)  where the amount of income or capital that an entity may receive directly from the trust at any time as a beneficiary under the trust depends on the exercise by an entity of, or the failure by an entity to exercise, a discretionary power;

“entity” includes an association, a corporation, a fund, a natural person, a joint venture, an organization, a partnership, a syndicate or a trust;

“exempt trust”, at a particular time in respect of a taxpayer resident in Canada, means a trust that, at that time, is a trust under which the interest of each beneficiary under the trust is, at all times that the interest exists during the trust’s taxation year that includes the particular time, a specified fixed interest of the beneficiary in the trust, if at the particular time

(a)  the trust is an eligible trust;

(b)  there are at least 150 beneficiaries each of whom holds a specified fixed interest, in the trust, that has a fair market value of at least $500; and

(c)  the total of all amounts each of which is the fair market value of an interest as a beneficiary under the trust held by a specified purchaser in respect of the taxpayer is not more than 10% of the total fair market value of all interests as a beneficiary under the trust;

“specified fixed interest”, at any time, of an entity in a trust, means an interest of the entity as a beneficiary under the trust if

(a)  the interest includes, at that time, rights of the entity as a beneficiary under the trust to receive, at or after that time and directly from the trust, all or part of the income and capital of the trust;

(b)  the interest was issued by the trust, at or before that time, to an entity, in exchange for consideration and the fair market value, at the time at which the interest was issued, of that consideration was equal to the fair market value, at the time at which it was issued, of the interest;

(c)  the only manner in which any part of the interest may cease to be the entity’s is by way of a disposition (determined without reference to section 7.2 and subparagraph e of the second paragraph of section 248) by the entity of that part; and

(d)  no amount of the income or capital of the trust that an entity may receive directly from the trust at any time as a beneficiary under the trust depends on the exercise by an entity of, or the failure by an entity to exercise, a discretionary power;

“specified purchaser”, at a particular time, in respect of a taxpayer resident in Canada, means an entity that is, at that time,

(a)  the taxpayer;

(b)  an entity resident in Canada with which the taxpayer does not deal at arm’s length;

(c)  a foreign affiliate of an entity described in any of paragraphs a, b and d to f;

(d)  a trust (other than an exempt trust) in which an entity described in any of paragraphs a to c, e and f is beneficially interested;

(e)  a partnership of which an entity described in any of paragraphs a to d and f is a member; or

(f)  an entity (other than an entity described in any of paragraphs a to e) with which an entity described in any of those paragraphs does not deal at arm’s length.

2010, c. 25, s. 44.

573. For the purposes of this Title, the equity percentage of a taxpayer at any time in a particular corporation is the aggregate of his direct and indirect equity percentages in the corporation at that time, computed according to the following rules:

(a)  his direct equity percentage at that time is that percentage which is not less than any other percentage representing the proportion that the number of shares of each class of the capital stock of the corporation then owned by him is of the total number of issued shares of that class at the same time;

(b)  his indirect equity percentage at that time is the aggregate of all percentages each of which is the product then obtained when the taxpayer’s equity percentage in any corporation is multiplied by that corporation’s direct equity percentage in the particular corporation.

However, for the purposes of section 574, subparagraph b of the first paragraph must read as if the expression “any corporation” were replaced by the expression “any corporation not resident in Canada”.

1972, c. 23, s. 444; 1975, c. 22, s. 152; 1977, c. 26, s. 64; 1997, c. 3, s. 71.

574. For the purposes of this Title, the participating percentage of a share owned by a taxpayer of the capital stock of a corporation that, at the end of its taxation year, is a controlled foreign affiliate of such taxpayer, is equal to the percentage that would be the taxpayer’s equity percentage in the affiliate at that time on the assumption that he owns no share other than that share, where the affiliate and each other corporation that is relevant to computing the taxpayer’s equity percentage in the affiliate has only one class of issued shares at the end of the taxation year of the affiliate and, in any other case, is determined in prescribed manner.

However, the participating percentage of such a share is nil where the foreign accrual property income of the affiliate for the year, within the meaning of section 579, does not exceed $5,000.

1975, c. 22, s. 153; 1994, c. 22, s. 208; 1997, c. 3, s. 71.

575. The taxation year of a foreign affiliate of a taxpayer is, for the purposes of this Title, the period for which the accounts of the foreign affiliate have been ordinarily made up, but not a period exceeding 53 weeks.

1975, c. 22, s. 153.

576. For the purposes of this Title, an income bond or income debenture issued by a corporation not resident in Canada is deemed a share of the capital stock of such corporation unless the interest or other similar amount paid periodically by such corporation on the bond or debenture was, under the laws of the country in which the corporation was resident, deductible in computing the amount on which the corporation was liable to pay income or profits tax for the year imposed by the government of that country.

1972, c. 23, s. 446; 1975, c. 22, s. 155; 1997, c. 3, s. 71.

576.1. In this Title, “excluded property” of a foreign affiliate of a taxpayer means any property that constitutes excluded property of the foreign affiliate for the purposes of subdivision i of Division B of Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th supplement).

1984, c. 15, s. 127; 1985, c. 25, s. 103; 1989, c. 5, s. 72; 1993, c. 16, s. 231; 1996, c. 39, s. 162.

CHAPTER II DIVIDENDS RECEIVED FROM FOREIGN CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

577. A taxpayer must include in computing his income any amount he receives in the year as a dividend on any share he owns in the capital stock of a corporation not resident in Canada.

1972, c. 23, s. 447; 1997, c. 3, s. 71.

577.1. Notwithstanding section 577, a taxpayer who, immediately before a prescribed reorganization, held a common share of the capital stock of a prescribed corporation, referred to as a “share of the corporation” in the second paragraph, and who elects that the rules in the second paragraph apply for the purposes of this Part is not required to include, in computing his income for the taxation year 1984, the amount which, under section 577 and but for this section, should have been included, as a consequence of the reorganization, in respect of the value of a share of the capital stock of a prescribed regional holding company that he received at the time of the reorganization, referred to as a “distributed share” in the second paragraph.

For the purposes of computing the adjusted cost base, at any particular time after the reorganization, to the taxpayer contemplated in the first paragraph, of each share of the corporation and each distributed share owned by him immediately after the reorganization and thereafter without interruption until the particular time, the following rules apply:

(a)  the taxpayer is deemed to have disposed, at the time of the reorganization, of the share of the corporation for proceeds of disposition equal to its adjusted cost basis to him immediately before the reorganization and to have reacquired it immediately after the reorganization at a cost equal to the proportion of the adjusted cost base to him, immediately before the reorganization, of all the shares of the corporation held by him immediately before the reorganization that the fair market value of the share of the corporation, immediately after the reorganization, is of the fair market value of the aggregate of the shares of the corporation and the distributed shares held by him immediately after the reorganization; and

(b)  the taxpayer is deemed to have acquired, immediately after the reorganization, the distributed share at a cost equal to the proportion of the adjusted cost base to him, immediately before the reorganization of all the shares of the corporation held by him immediately before the reorganization, that the fair market value of the distributed share, immediately after the reorganization, is of the fair market value of the aggregate of the shares of the corporation and the distributed shares held by him immediately after the reorganization.

1986, c. 19, s. 128; 1997, c. 3, s. 71.

578. For the purposes of this Title and section 305, the amount of a stock dividend paid by a foreign affiliate of a corporation resident in Canada is, in respect of the corporation, deemed to be nil.

1975, c. 22, s. 157; 1997, c. 3, s. 71.

CHAPTER II.1 FOREIGN CORPORATION SPIN-OFFS

2004, c. 8, s. 116.

DIVISION I ELIGIBLE DISTRIBUTION

2004, c. 8, s. 116.

578.1. In this chapter, an eligible distribution is a distribution of property to a taxpayer by a particular corporation if

(a)  the distribution is made in relation to all of the taxpayer’s common shares of the capital stock of the particular corporation, in this chapter referred to as the “original shares” ;

(b)  the property distributed consists solely of common shares of the capital stock of another corporation that were owned by the particular corporation immediately before their distribution to the taxpayer, in this chapter referred to as the “spin-off shares” ;

(c)  where the distribution is a prescribed distribution, the conditions set out in the first paragraph of section 578.2 are satisfied;

(d)  where the distribution is not a prescribed distribution, the conditions set out in the second paragraph of section 578.2 are satisfied;

(e)  the particular corporation provides to the Minister information satisfactory to the Minister establishing the elements described in the first paragraph of section 578.3, before the end of the sixth month following the day on which the particular corporation first distributes a spin-off share in respect of the distribution; and

(f)  the taxpayer makes a valid election under subsection 2 of section 86.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), to have the provisions of that section apply to the distribution and provides to the Minister information satisfactory to the Minister establishing the elements described in the second paragraph of section 578.3.

2004, c. 8, s. 116; 2006, c. 13, s. 41.

578.2. The conditions to which paragraph c of section 578.1 refers are as follows:

(a)  at the time of the distribution, the particular corporation and the other corporation are resident in the same country, other than the United States, with which a tax agreement was entered into, in this paragraph referred to as the “foreign country”, and were never resident in Canada;

(b)  at the time of the distribution, the shares of the class that includes the original shares are widely held and actively traded on a designated stock exchange;

(c)  under the law of the foreign country, no shareholder of the particular corporation who is resident in that country is taxable in relation to the distribution; and

(d)  the distribution is a prescribed distribution subject to such terms and conditions as are considered appropriate in the circumstances.

The conditions to which paragraph d of section 578.1 refers are as follows:

(a)  at the time of the distribution, the particular corporation and the other corporation are resident in the United States and were never resident in Canada;

(b)  at the time of the distribution, the shares of the class that includes the original shares are widely held and

i.  are actively traded on a designated stock exchange in the United States, or

ii.  are required, under the United States Securities Exchange Act of 1934, as amended from time to time, to be registered with the Securities and Exchange Commission of the United States and are so registered; and

(c)  under the provisions of the United States Internal Revenue Code of 1986, as amended from time to time, that apply to the distribution, no shareholder of the particular corporation who is resident in the United States is taxable in respect of the distribution.

2004, c. 8, s. 116; 2009, c. 5, s. 187; 2010, c. 5, s. 51.

578.3. The elements that the particular corporation must establish in accordance with paragraph e of section 578.1 are as follows:

(a)  compliance with the conditions set out in subparagraphs b and c of the first or second paragraph of section 578.2, according to whether or not the distribution is a prescribed distribution;

(b)  the fact that the particular corporation and the other corporation were never resident in Canada;

(c)  the date of the distribution;

(d)  the type and fair market value of each property distributed to a person resident in Canada;

(e)  the name and address of each person resident in Canada who received property with respect to the distribution; and

(f)  such other element as is required by the prescribed form.

The elements that the taxpayer must establish in accordance with paragraph f of section 578.1 are as follows:

(a)  the number, cost amount, determined without reference to this chapter, and the fair market value of the taxpayer’s original shares immediately before the distribution;

(b)  the number, and fair market value, of the taxpayer’s original shares and spin-off shares immediately after the distribution;

(c)  except where the taxpayer makes the election under subsection 2 of section 86.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in the taxpayer’s fiscal return filed by the taxpayer under that Act for the year in which the distribution occurs, the amount of the distribution, the manner in which the distribution was reported by the taxpayer and the details of any subsequent disposition of an original share or spin-off share that are required for the purpose of determining any gain or loss from that disposition; and

(d)  such other element as is required by the prescribed form.

2004, c. 8, s. 116.

DIVISION II APPLICABLE RULES

2004, c. 8, s. 116.

578.4. Notwithstanding any other provision of this Part, where an eligible distribution is made to a taxpayer, the following rules apply:

(a)  the amount of the eligible distribution shall not be included in computing the income of the taxpayer; and

(b)  section 304 does not apply to the eligible distribution.

2004, c. 8, s. 116.

578.5. Where a spin-off share is distributed by a corporation to a taxpayer pursuant to an eligible distribution in relation to an original share of the taxpayer, the following rules apply:

(a)  there shall be deducted in computing the cost amount to the taxpayer of the original share at any time the amount determined by the formula

A × (B / C); and

(b)  the cost to the taxpayer of the spin-off share is the amount by which the cost amount of the taxpayer’s original share was reduced under subparagraph a.

In the formula provided for in subparagraph a of the first paragraph,

(a)  A is the cost amount, determined without reference to this chapter, to the taxpayer of the original share immediately before the distribution or, if the original share is disposed of by the taxpayer before the distribution, immediately before its disposition;

(b)  B is the fair market value of the spin-off share immediately after its distribution to the taxpayer; and

(c)  C is the aggregate of

i.  the fair market value of the original share immediately after the distribution of the spin-off share to the taxpayer, and

ii.  the fair market value of the spin-off share immediately after its distribution to the taxpayer.

2004, c. 8, s. 116.

578.6. For the purpose of determining the value of property described in the inventory of a taxpayer’s business, the following rules apply:

(a)  the distribution to the taxpayer of a spin-off share that is property described in the inventory, in respect of an eligible distribution, is deemed not to be an acquisition of property in the fiscal period of the business in which the distribution occurs; and

(b)  the value of the spin-off share must be included in computing the value of the property described in the inventory at the end of that fiscal period.

2004, c. 8, s. 116.

578.7. Notwithstanding the expiry of the time limits provided for in section 1010, the Minister may, where the Minister obtains information according to which the condition in subparagraph c of the first or second paragraph of section 578.2 is not, or is no longer, satisfied, make under this Part, for any taxation year, such assessments or reassessments of tax, interest and penalties or such determinations or redeterminations as are necessary,

(a)  within three years after the day on which the Minister obtains the information; or

(b)  within four years after the day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation.

2004, c. 8, s. 116.

CHAPTER III FOREIGN ACCRUAL PROPERTY INCOME

1975, c. 22, s. 158.

579. In this Title, the foreign accrual property income of a foreign affiliate of a taxpayer for a taxation year of such affiliate, means the amount determined according to the rules prescribed for such purpose.

1975, c. 22, s. 158.

580. A taxpayer resident in Canada, in computing his income for a taxation year, must include as income from each share owned by him of the capital stock of a controlled foreign affiliate of the taxpayer, the percentage of the foreign accrual property income of any controlled foreign affiliate of the taxpayer, for each taxation year of the affiliate ending in the taxation year of the taxpayer, equal to that share’s participating percentage in respect of the affiliate, determined at the end of each such taxation year of the affiliate.

1975, c. 22, s. 158.

581. Where the Minister is of opinion that the inclusion of an amount in computing the income of a taxpayer for a taxation year by virtue of sections 580 and 582 imposes undue hardship on the taxpayer by reason of monetary or exchange restrictions of a country other than Canada, the taxpayer may in computing such income deduct in that regard such amount as a reserve as the Minister deems reasonable.

1975, c. 22, s. 158; 1997, c. 14, s. 90.

582. A taxpayer must include in computing his income for a taxation year the amount that he deducted as a reserve by virtue of section 581 for the preceding taxation year.

1975, c. 22, s. 158; 1997, c. 14, s. 91.

583. A taxpayer who has included an amount under section 580 in respect of a share of a controlled foreign affiliate in computing his income for a taxation year or for one of the five preceding taxation years may deduct in so computing for the year the lesser of

(a)  the aggregate of any amount prescribed in respect of the affiliate that is applicable to the amount and of any income or profits tax paid by the affiliate, or by another foreign affiliate of the taxpayer in respect of a dividend received from the affiliate, that is reasonably applicable to the amount, to the extent that the aggregate was not deductible under this section for a preceding year multiplied by the prescribed tax factor; or

(b)  the amount by which such amount exceeds the aggregate of the amounts deductible under this section in respect of that share for the five preceding taxation years.

1975, c. 22, s. 158; 1984, c. 15, s. 128.

584. A taxpayer resident in Canada who in a taxation year has received a dividend on a share of the capital stock of a corporation that was at any time a controlled foreign affiliate of the taxpayer, may deduct in computing his income for the year, in respect of such portion of the dividend as is prescribed under section 746 to have been paid out of the taxable surplus of the affiliate, within the meaning of section 747, the lesser of the amount by which that portion of the dividend exceeds the amount deductible in respect thereof under paragraph b of section 746 and the amount by which the amounts required by section 587 to be added exceed the amounts required by the same section to be deducted in computing the adjusted cost base of the share before the dividend was received.

1975, c. 22, s. 158; 1997, c. 3, s. 71.

584.1. For the purposes of section 584, where a taxpayer that is a taxable Canadian corporation acquires from another corporation resident in Canada with which the taxpayer does not deal at arm’s length, a share of the capital stock of a foreign affiliate of the taxpayer, the taxpayer is deemed to have been required to add or deduct, as the case may be, under Chapter IV, in computing the adjusted cost base of the share, any amount the other corporation has been so required to add or deduct, as the case may be, in computing the adjusted cost base of the share.

1993, c. 16, s. 232; 1997, c. 3, s. 71; 2010, c. 25, s. 45.

584.2. For the purposes of section 584, where a taxpayer resident in Canada acquires a share of the capital stock of a corporation that is immediately after the acquisition a foreign affiliate of the taxpayer from a partnership of which the taxpayer, or a corporation resident in Canada with which the taxpayer was not dealing at arm’s length at the time the share was acquired, was a member at any time during any fiscal period of the partnership that began before the acquisition, the following rules apply:

(a)  that portion of any amount that the partnership was required by section 587 to add to the adjusted cost base of the share of the foreign affiliate equal to the amount included in computing the income of the member of the partnership because of section 600 in relation to the amount that was included in computing the income of the partnership under section 580 or 582 in respect of the foreign affiliate and added to that adjusted cost base, is deemed to be an amount that the taxpayer was required by section 587 to add in computing the adjusted cost base of the share; and

(b)  that portion of any amount that the partnership was required by section 587 to deduct from the adjusted cost base of the share of the foreign affiliate equal to the amount by which the income of the member of the partnership was reduced because of section 600 in relation to the amount deducted in computing the income of the partnership, in respect of the foreign affiliate, under any of sections 581, 583 and 584 and deducted from that adjusted cost base, is deemed to be an amount that the taxpayer was required by section 587 to deduct in computing the adjusted cost base of the share.

2004, c. 8, s. 117.

CHAPTER IV ADJUSTED COST BASE OF SHARES IN A FOREIGN AFFILIATE

1972, c. 23; 1975, c. 22, s. 159.

585. In computing, at any time in a taxation year, the adjusted cost base of a share of the capital stock of a foreign affiliate of a corporation resident in Canada, such corporation shall deduct, in respect of any dividend received by it before that time on such share, an amount equal to the amount by which such portion of the dividend as is deductible under paragraph d of section 746 in computing its taxable income for the year exceeds such portion of income or profits tax that it has paid to the government of a country other than Canada as may reasonably be ascribed to such portion of the dividend that it has so received.

1972, c. 23, s. 449; 1975, c. 22, s. 159; 1997, c. 3, s. 71.

586. The rule set forth in section 585 applies, with the necessary modifications, for the purposes of computing, at any time in a taxation year, the adjusted cost base, to a foreign affiliate of a person resident in Canada, of a share of the capital stock of another foreign affiliate of such person, as if the expression “as is deductible” read “as, if it were resident in Canada, would be deductible”.

1972, c. 23, s. 450; 1975, c. 22, s. 159; 1995, c. 63, s. 261.

587. A taxpayer resident in Canada, in computing at any time in a taxation year the adjusted cost base of a share owned by him of the capital stock of a foreign affiliate of the taxpayer, shall add any amount required to be included in respect of that share by virtue of sections 580 and 582 in computing his income for the year or any preceding year, or that would have been so required but for sections 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1, and deduct any amount deducted by him in respect of that share, in computing his income for that year, by reason of sections 581 and 583, or that would have been deductible by him but for sections 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1, and any dividend received by him before that time in respect of that share, to the extent of the amount deducted by him in respect thereof in computing his income for that year by reason of section 584 or that would have been deductible by him but for the said sections 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1.

1975, c. 22, s. 160; 1987, c. 67, s. 126; 1990, c. 59, s. 209.

588. A corporation resident in Canada, in computing, at any time in a taxation year, the adjusted cost base of a share of the capital stock of a foreign affiliate of the corporation, shall deduct any amount deducted by it in computing its taxable income under section 749 for the year or a preceding year in respect of any dividend received by it on such share before that time.

1975, c. 22, s. 160; 1997, c. 3, s. 71.

588.1. A corporation resident in Canada or a foreign affiliate of such a corporation that disposes at any particular time of all or a portion of an interest in a partnership of which it is a member, shall add, in computing the proceeds of disposition of that interest, an amount equal to the amount determined by the formula

[(A − B) − (C + D)] × (E / F).

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that was deductible under paragraph d of section 746 in computing the taxable income of the member for any taxation year that began before the particular time in relation to any portion of a dividend received by the partnership, or that would have been so deductible if the member were a corporation resident in Canada;

(b)  B is the aggregate of all amounts each of which is the portion of any income or profits tax paid by the partnership or the member to a government of a country other than Canada that can reasonably be attributed to the member’s share of the dividend described in paragraph a;

(c)  C is the aggregate of all amounts each of which is an amount added under this section in computing the member’s proceeds of a disposition before the particular time of another interest in the partnership;

(d)  D is the aggregate of all amounts each of which is an amount deemed by section 588.2 to be a gain of the member from a disposition before the particular time of a share of the capital stock of a corporation by the partnership;

(e)  E is the adjusted cost base, immediately before the particular time, of the portion of the member’s interest in the partnership disposed of by the member at the particular time; and

(f)  F is the adjusted cost base, immediately before the particular time, of the member’s interest in the partnership.

2004, c. 8, s. 118.

588.2. Where a partnership disposes of a share of the capital stock of a corporation, at any particular time in a fiscal period of the partnership at the end of which a corporation resident in Canada or a foreign affiliate of a corporation resident in Canada is a member of the partnership, the amount determined by the following formula is deemed to be a gain of the member from the disposition of the share by the partnership for the member’s taxation year in which that fiscal period ends:

(A − B) − C.

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that was deductible under paragraph d of section 746 in computing the member’s taxable income for a taxation year in relation to any portion of a dividend received by the partnership on the share in a fiscal period that began before the particular time and ended in the member’s taxation year, or would have been so deductible if the member were a corporation resident in Canada;

(b)  B is the aggregate of all amounts each of which is the portion of any income or profits tax paid by the partnership or the member to a government of a country other than Canada that can reasonably be attributed to the member’s share of the dividend described in paragraph a; and

(c)  C is the aggregate of all amounts each of which is an amount added under section 588.1 in computing the member’s proceeds of a disposition before the particular time of an interest in the partnership.

2004, c. 8, s. 118.

CHAPTER V ELECTION RELATING TO THE DISPOSITION OF A SHARE

1972, c. 23.

589. If a particular corporation resident in Canada or a particular foreign affiliate of the particular corporation disposes of a share of the capital stock of a foreign affiliate of the particular corporation and the particular corporation makes a valid election under subsection 1 of section 93 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) after 19 December 2006 in respect of the share, the amount designated in the election in accordance with paragraph a of that subsection 1, not exceeding the proceeds of disposition of the share, is deemed, for the purposes of this Part, to be a dividend on that share received from the foreign affiliate by the particular corporation or by the particular foreign affiliate, as the case may be, immediately before the disposition, and not to be proceeds of disposition of that share.

If a foreign affiliate of a corporation resident in Canada disposes of excluded property that is a share of the capital stock of another foreign affiliate of the corporation and subsection 1.1 of section 93 of the Income Tax Act applies in relation to that disposition, the corporation is deemed to have made the election referred to in the first paragraph, at the time of the disposition, in respect of the share disposed of and in the election to have designated an amount equal to the amount that the corporation is deemed, under that subsection 1.1, to have designated in the election in relation to the disposition.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1 of section 93 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 451; 1972, c. 26, s. 51; 1975, c. 22, s. 161; 1984, c. 15, s. 129; 1986, c. 15, s. 89; 1997, c. 3, s. 71; 2001, c. 53, s. 85; 2010, c. 25, s. 46.

589.1. Except for the purposes of paragraph a of section 255, if, in relation to a share, section 261 applies to a corporation that has made, in respect of the share, the election referred to in the first paragraph of section 589, or to a foreign affiliate of the corporation, the amount that is deemed by section 261 to be the gain of the corporation or foreign affiliate, as the case may be, from the disposition of the share is deemed to be equal to the amount by which the amount established without reference to this section exceeds the amount that is deemed, under the first paragraph of section 589, to be a dividend and not to be proceeds of disposition of the share, in relation to the disposition.

1993, c. 16, s. 233; 1997, c. 3, s. 71; 2010, c. 25, s. 46.

589.2. If the disposition of shares of a class of the capital stock of a foreign affiliate of a particular corporation resident in Canada by a partnership would, but for this section, result in a taxable capital gain for a corporation (in this section referred to as the “disposing corporation”) that is the particular corporation or a foreign affiliate of the particular corporation and the particular corporation makes a valid election under subsection 1.2 of section 93 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) after 19 December 2006 in respect of the disposition, the following rules apply:

(a)  the amount determined in accordance with the second paragraph in respect of those shares is deemed to be a dividend received immediately before the disposition on the number of those shares that is the amount by which the number of those shares that the disposing corporation is deemed to own under section 592.1 immediately before the disposition exceeds the number of those shares that the disposing corporation is deemed to own under that section immediately after the disposition;

(b)  notwithstanding Title XI, the disposing corporation’s taxable capital gain from the disposition of those shares is deemed to be the amount by which the disposing corporation’s taxable capital gain from the disposition of the shares otherwise determined exceeds the amount determined in accordance with subparagraph a of the second paragraph in relation to those shares;

(c)  for the purposes of any regulation made under this section, the disposing corporation is deemed to have disposed of the number of shares of the capital stock of the foreign affiliate that is the amount by which the number of those shares that the disposing corporation is deemed to own under section 592.1 immediately before the disposition exceeds the number of those shares that the disposing corporation is deemed to own under that section immediately after the disposition;

(d)  for the purposes of sections 746 to 749 in relation to the dividend referred to in subparagraph a, the shares of the capital stock of the foreign affiliate on which that dividend was received are deemed to have been owned by the disposing corporation; and

(e)  where the application of section 261 in respect of the partnership, in relation to those shares, results in a taxable capital gain for the disposing corporation, the partnership is deemed, for the purposes of this section, to have disposed of those shares.

The amount to which subparagraph a of the first paragraph refers in respect of shares of a class of the capital stock of the foreign affiliate is, subject to the third paragraph, twice

(a)  the amount designated in respect of shares in accordance with subparagraph i of paragraph a of subsection 1.2 of section 93 of the Income Tax Act, not exceeding the proportion of the taxable capital gain of the partnership that the amount by which the number of shares of that class of the capital stock of the foreign affiliate that are deemed to be owned by the disposing corporation under section 592.1 immediately before the disposition exceeds the number of those shares that are deemed to be owned by the disposing corporation under that section immediately after the disposition, is of the number of shares of that class of the capital stock of the foreign affiliate that are owned by the partnership immediately before the disposition; or

(b)  where section 589.3 applies, the amount prescribed for the purposes of this section.

For the purposes of the second paragraph in respect of a disposing corporation for any of the following taxation years, the reference to “twice” in that paragraph shall be replaced, with the necessary modifications, by the following fraction, as the case may be:

(a)  in the case of a taxation year that ends before 28 February 2000, 4/3; and

(b)  in the case of a taxation year that includes 28 February 2000 or 17 October 2000 or that begins after 28 February 2000 and ends before 17 October 2000, the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies in respect of the disposing corporation for the year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 1.2 of section 93 of the Income Tax Act or in relation to an election made under the first paragraph before 20 December 2006.

2004, c. 8, s. 119; 2010, c. 25, s. 47.

589.3. If a partnership disposes at a particular time of excluded property that are shares of a class of the capital stock of a foreign affiliate of a particular corporation resident in Canada, the disposition results in a taxable capital gain for a foreign affiliate (in this section referred to as the “disposing corporation”) of the particular corporation, and subsection 1.3 of section 93 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) applies in respect of the disposition, the particular corporation is deemed to have made at that time the election referred to in section 589.2 in relation to the number of shares of that class of the capital stock of the foreign affiliate that is the amount by which the number of those shares that are deemed to be owned by the disposing corporation under section 592.1 immediately before the disposition exceeds the number of those shares that are deemed to be owned by the disposing corporation under that section immediately after the disposition.

2004, c. 8, s. 119; 2010, c. 25, s. 48.

590. Where a taxpayer resident in Canada or a foreign affiliate of the taxpayer acquires shares of a foreign affiliate of the taxpayer, in paragraph b referred to as the “acquired affiliate”, on the disposition of shares of any other foreign affiliate of the taxpayer, other than a disposition to which section 238.1 applies, the following rules apply:

(a)  the capital loss therefrom otherwise determined is deemed to be nil;

(b)  the taxpayer or, as the case may be, the foreign affiliate which acquires the shares, in computing the adjusted cost base of all shares of any particular class of the capital stock of the acquired affiliate owned by it immediately after the disposition, shall add an amount equal to that proportion of the amount by which the cost amount to it, immediately before the disposition, of the shares disposed of exceeds the aggregate of the proceeds of the disposition and the total of all amounts each of which is an amount deducted under the second paragraph of section 591 in computing a loss sustained by it from the disposition of the shares disposed of, that the fair market value, immediately after the disposition, of all shares of that particular class then owned by it is of the fair market value, immediately after the disposition, of all shares of the capital stock of the acquired affiliate owned by it at that time.

1975, c. 22, s. 162; 1993, c. 16, s. 234; 2000, c. 5, s. 133.

591. Where a corporation resident in Canada has a loss from the disposition by it at any time of a share of the capital stock of a corporation that is a foreign affiliate of the corporation, in this section referred to as the “affiliate share”, or a foreign affiliate of a corporation resident in Canada has a loss from the disposition by it at any time of a share of the capital stock of another foreign affiliate of the corporation resident in Canada that is not excluded property, in this section also referred to as the “affiliate share”, the amount of the loss is deemed to be the amount determined by the formula

A − (B − C).

In the formula provided for in the first paragraph,

(a)  A is the amount of the loss determined without reference to this section;

(b)  B is the aggregate of all amounts each of which is an amount received before that time, in respect of a tax-exempt dividend on the affiliate share or on a share for which the affiliate share was substituted, by

i.  the corporation resident in Canada,

ii.  a corporation related to the corporation resident in Canada,

iii.  a foreign affiliate of the corporation resident in Canada, or

iv.  a foreign affiliate of a corporation related to the corporation resident in Canada; and

(c)  C is the aggregate of

i.  the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, from another disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of the affiliate share or a share for which the affiliate share was substituted, was reduced under this section in respect of the tax-exempt dividends referred to in subparagraph b,

ii.  4/3 of the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from a previous disposition by a partnership of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b,

iii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from a previous disposition by a partnership of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

iv.  twice the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000, from a previous disposition by a partnership of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b,

v.  the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b,

vi.  4/3 of the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b,

vii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year, and

viii.  twice the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b.

1972, c. 23, s. 452; 1993, c. 16, s. 235; 1997, c. 3, s. 71; 2004, c. 8, s. 120.

591.1. Where a corporation resident in Canada has an allowable capital loss from a disposition at any time by a partnership of a share of the capital stock of a corporation that is a foreign affiliate of the corporation, in this section referred to as the “affiliate share”, or a foreign affiliate of a corporation resident in Canada has an allowable capital loss from a disposition at any time by a partnership of a share of the capital stock of another foreign affiliate of the corporation resident in Canada that would not be excluded property of the affiliate if the affiliate owned the share immediately before it was disposed of, in this section also referred to as the “affiliate share”, the amount of the allowable capital loss is deemed to be the amount determined by the formula

A − (B − C).

In the formula provided for in the first paragraph,

(a)  A is the amount of the allowable capital loss determined without reference to this section;

(b)  B is the product obtained by multiplying the appropriate fraction described in the third paragraph by the aggregate of all amounts each of which is an amount received before that time, in respect of a tax-exempt dividend on the affiliate share or on a share for which the affiliate share was substituted, by

i.  the corporation resident in Canada,

ii.  a corporation related to the corporation resident in Canada,

iii.  a foreign affiliate of the corporation resident in Canada, or

iv.  a foreign affiliate of a corporation related to the corporation resident in Canada; and

(c)  C is the aggregate of

i.  the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b, from a disposition at or before that time by a partnership of the affiliate share or a share for which the affiliate share was substituted, was reduced under this section in respect of the tax-exempt dividends referred to in subparagraph b,

ii.  3/4 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from another disposition at or before that time of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b,

iii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which the loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from another disposition at or before that time of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

iv.  1/2 of the aggregate of all amounts each of which is the amount by which the loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000, from another disposition at or before that time of the affiliate share or a share for which the affiliate share was substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b,

v.  3/4 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that ended before 28 February 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b,

vi.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

vii.  1/2 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that began after 17 October 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b, and

viii.  the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b.

The appropriate fraction to which subparagraph b of the second paragraph refers is

(a)  where this section applies to a taxation year that ended before 28 February 2000, 3/4;

(b)  where this section applies to a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate described in that subparagraph b for the year; or

(c)  where this section applies to a taxation year that began after 17 October 2000, 1/2.

2004, c. 8, s. 121.

591.2. Where a corporation resident in Canada has a loss from the disposition by it at any time of an interest in a partnership which has a direct or indirect interest in shares of the capital stock of a corporation that is a foreign affiliate of the corporation resident in Canada, in this section referred to as “affiliate shares”, or a foreign affiliate of a corporation resident in Canada has a loss from the disposition by it at any time of an interest in a partnership which has a direct or indirect interest in shares of the capital stock of another foreign affiliate of the corporation resident in Canada that would not be excluded property if the shares were owned by the affiliate, in this section also referred to as “affiliate shares”, the amount of the loss is deemed to be the amount determined by the formula

A − (B − C).

In the formula provided for in the first paragraph,

(a)  A is the amount of the loss determined without reference to this section;

(b)  B is the aggregate of all amounts each of which is an amount received before that time in respect of a tax-exempt dividend on affiliate shares or on shares for which affiliate shares were substituted, by

i.  the corporation resident in Canada,

ii.  a corporation related to the corporation resident in Canada,

iii.  a foreign affiliate of the corporation resident in Canada, or

iv.  a foreign affiliate of a corporation related to the corporation resident in Canada; and

(c)  C is the aggregate of

i.  the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, from another disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b,

ii.  4/3 of the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from another disposition at or before that time by a partnership of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b,

iii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from another disposition at or before that time by a partnership of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

iv.  twice the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000, from another disposition at or before that time by a partnership of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b,

v.  the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, from the disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under this section in respect of the tax-exempt dividends referred to in subparagraph b,

vi.  4/3 of the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b,

vii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year, and

viii.  twice the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000 from the disposition at or before that time by a partnership of an interest in another partnership, was reduced under section 591.3 in respect of the tax-exempt dividends referred to in subparagraph b.

2004, c. 8, s. 121.

591.3. Where a corporation resident in Canada has an allowable capital loss from a disposition at any time by a partnership of an interest in another partnership which has a direct or indirect interest in shares of the capital stock of a corporation that is a foreign affiliate of the corporation resident in Canada, in this section referred to as “affiliate shares”, or a foreign affiliate of a corporation resident in Canada has an allowable capital loss from a disposition at any time by a partnership of an interest in another partnership that has a direct or indirect interest in shares of the capital stock of a foreign affiliate of the corporation resident in Canada that would not be excluded property of the affiliate if the affiliate owned the shares immediately before the disposition, in this section also referred to as “affiliate shares”, the amount of the allowable capital loss is deemed to be the amount determined by the formula

A − (B − C).

In the formula provided for in the first paragraph,

(a)  A is the amount of the allowable capital loss determined without reference to this section;

(b)  B is the product obtained by multiplying the appropriate fraction described in the third paragraph by the aggregate of all amounts each of which is an amount received before that time in respect of a tax-exempt dividend on affiliate shares or on shares for which affiliate shares were substituted, by

i.  the corporation resident in Canada,

ii.  a corporation related to the corporation resident in Canada,

iii.  a foreign affiliate of the corporation resident in Canada, or

iv.  a foreign affiliate of a corporation related to the corporation resident in Canada; and

(c)  C is the aggregate of

i.  3/4 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that ended before 28 February 2000, from another disposition at or before that time of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b,

ii.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which the loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from another disposition at or before that time of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

iii.  1/2 of the aggregate of all amounts each of which is the amount by which the loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b for a taxation year that began after 17 October 2000, from another disposition at or before that time of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591 in respect of the tax-exempt dividends referred to in subparagraph b,

iv.  the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b, from a disposition at or before that time by a partnership of affiliate shares or shares for which affiliate shares were substituted, was reduced under section 591.1 in respect of the tax-exempt dividends referred to in subparagraph b,

v.  3/4 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that ended before 28 February 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b,

vi.  the product obtained by multiplying the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b, by the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate for the year,

vii.  1/2 of the aggregate of all amounts each of which is the amount by which a loss, determined without reference to this chapter, for a taxation year that began after 17 October 2000, from a disposition at or before that time by a corporation or foreign affiliate described in subparagraph b of an interest in a partnership, was reduced under section 591.2 in respect of the tax-exempt dividends referred to in subparagraph b, and

viii.  the aggregate of all amounts each of which is the amount by which an allowable capital loss, determined without reference to this chapter, of a corporation or foreign affiliate described in subparagraph b, from a disposition at or before that time by a partnership of an interest in another partnership, was reduced under this section in respect of the tax-exempt dividends referred to in subparagraph b.

The appropriate fraction to which subparagraph b of the second paragraph refers is

(a)  where this section applies to a taxation year that ended before 28 February 2000, 3/4;

(b)  where this section applies to a taxation year that includes 28 February 2000 or 17 October 2000 or that began after 28 February 2000 and ended before 17 October 2000, the fraction that is the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation or foreign affiliate described in that subparagraph b for the year; or

(c)  where this section applies to a taxation year that began after 17 October 2000, 1/2.

2004, c. 8, s. 121.

592. For the purposes of sections 591 to 591.3, the following rules apply:

(a)  a dividend received by a corporation resident in Canada is a tax-exempt dividend to the extent of the portion of the dividend that is deductible in computing its taxable income under any of paragraphs a, b and c of section 746; and

(b)  a dividend received by a particular foreign affiliate of a corporation resident in Canada from another foreign affiliate of the corporation is a tax-exempt dividend to the extent of the amount by which the portion of the dividend that was not prescribed to have been paid out of the pre-acquisition surplus of the other affiliate exceeds the aggregate of such portion of the income or profits tax that can reasonably be considered to have been paid in relation to that portion of the dividend by the particular affiliate or by a partnership in which the particular affiliate had, at the time of the payment of the income or profits tax, a partnership interest, either directly or indirectly.

1972, c. 23, s. 453; 1975, c. 22, s. 163; 1997, c. 3, s. 71; 2004, c. 8, s. 122.

CHAPTER V.1 SHARES HELD BY A PARTNERSHIP

2004, c. 8, s. 123.

592.1. For the purpose of determining whether a corporation not resident in Canada is a foreign affiliate of a corporation resident in Canada for the purposes of sections 146.1, 589 to 592, 592.2 and 746 to 749, paragraph d of section 785.1, any regulations made under those provisions, sections 571 to 576.1, 578 and 579, where those sections applied for the purposes of those provisions, and sections 772.2 to 772.13, the shares of a class of the capital stock of a corporation that, based on the assumptions contained in paragraph c of section 600 are owned at a particular time by a partnership or are deemed under this section to be owned by the partnership at a particular time, are deemed to be owned at that time by each member of the partnership in proportion to the number of all of those shares that the fair market value of the member’s interest in the partnership at that time is of the fair market value of the aggregate of all members’ interests in the partnership at that time.

2004, c. 8, s. 123.

592.2. Where shares of a class of the capital stock of a foreign affiliate of a particular corporation resident in Canada are owned, based on the assumptions contained in paragraph c of section 600, by a partnership at the time when the foreign affiliate pays a dividend on those shares to the partnership, the following rules apply:

(a)  for the purposes of sections 589 to 592 and 746 to 749 and any regulations made under those sections,

i.  each member of the partnership is deemed to have received a portion of the dividend equal to the proportion of the dividend that the fair market value of the member’s interest in the partnership at that time is of the fair market value of the aggregate of all members’ interests in the partnership at that time, and

ii.  the portion of the dividend that is deemed to have been received by a member of the partnership at that time, under subparagraph i, is deemed to have been received by the member in equal proportions on each share of the foreign affiliate that is property of the partnership at that time; and

(b)  for the purpose of applying sections 746 to 749, in relation to the dividend referred to in subparagraph i of subparagraph a, each share of the foreign affiliate referred to in subparagraph ii of subparagraph a is deemed to be owned by each member of the partnership.

In addition, notwithstanding subparagraphs a and b of the first paragraph, the following rules apply:

(a)  where the particular corporation is a member of the partnership, the amount deductible under sections 746 to 749, in relation to the dividend referred to in subparagraph i of subparagraph a of the first paragraph shall not exceed the portion of the amount of the dividend included in computing its income pursuant to section 600; and

(b)  where another foreign affiliate of the particular corporation is a member of the partnership, the amount included in computing the income of that other foreign affiliate, in relation to the dividend referred to in subparagraph i of subparagraph a of the first paragraph shall not exceed the amount that would be included in computing its income pursuant to section 600, in relation to that dividend, but for this section and if the foreign accrual property income of that other foreign affiliate were determined without reference to the value of H of the formula provided for in the definition of “foreign accrual property income” in subsection 1 of section 95 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2004, c. 8, s. 123.

CHAPTER VI FOREIGN TRUSTS

1975, c. 22, s. 164.

593. For the purposes of this chapter,

(a)  “foreign trust” means a trust that is not resident in Canada in a taxation year and of which a beneficiary, at any time in the year, is a person resident in Canada, a corporation or trust with which such a person is not dealing at arm’s length or a controlled foreign affiliate of such a person;

(b)  “beneficiary” of a trust means a person who is beneficially interested in the trust.

1975, c. 22, s. 164; 1984, c. 15, s. 130; 1994, c. 22, s. 209; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

594. The rules provided in this chapter apply for a taxation year of a foreign trust, other than an inter vivos trust created before 1 January 1960 by a person who, at that time, was not resident in Canada, other than a testamentary trust that arose as a consequence of the death of an individual before 1 January 1976 and other than a trust governed by a foreign retirement arrangement, where before the end of the year that trust or a corporation not resident in Canada that would be a controlled foreign affiliate of the trust, if the trust were resident therein, has, other than in prescribed circumstances, acquired property, in any manner whatever, from

(a)  a person who

i.  was the beneficiary referred to in paragraph a of section 593, was related to that beneficiary or was the uncle, aunt, nephew or niece of that beneficiary;

ii.  was resident in Canada in the eighteen months before the end of the year or before that person ceased to exist, as the case may be; and

iii.  in the case of an individual, had before the end of that year been resident in Canada for a period of, or periods the aggregate of which is more than 60 months; or

(b)  a trust or corporation that acquired the property in any manner whatever from a person described in subparagraph a with whom it was not dealing at arm’s length.

The rules also apply for a taxation year of a foreign trust where, before the end of the year, all or any part of the interest of the beneficiary in the trust was acquired by the beneficiary by way of purchase, gift, succession or will from a person referred to in subparagraph a or b of the first paragraph or by way of the exercise of a power of appointment by a person referred to in either subparagraph.

1975, c. 22, s. 164; 1984, c. 15, s. 130; 1986, c. 19, s. 129; 1993, c. 16, s. 236; 1997, c. 3, s. 71.

595. For the purposes of section 594, a trust or a corporation not resident in Canada is deemed to have acquired property from any person who has given a guarantee on its behalf or from whom it has received any other financial assistance.

1975, c. 22, s. 164; 1997, c. 3, s. 71.

596. For the purposes of sections 571 to 576.1, 578 to 583 and 598, where the distribution of the income or capital to the beneficiary of a foreign trust to which this chapter applies for a taxation year of the trust does not depend upon the exercise of, or the failure to exercise, any discretionary power:

(a)  the trust, with respect to any beneficiary the fair market value of whose beneficial interest in the trust is not less than 10% of the fair market value of all beneficial interests in the trust, is deemed to be a corporation not resident in Canada controlled by such beneficiary;

(b)  the trust is deemed to be a corporation not resident in Canada having a capital stock of a single class of shares divided into 100 issued shares; and

(c)  each beneficiary under the trust is deemed to own a percentage of such shares equal to the percentage that the fair market value of his beneficial interest in the trust is of the fair market value of all beneficial interests in the trust.

1975, c. 22, s. 164; 1984, c. 15, s. 131; 1994, c. 22, s. 210; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 14, s. 92.

597. A taxpayer resident in Canada, in computing at any time in a taxation year the adjusted cost base of his capital interest in a trust to which section 596 applies shall add any amount required by sections 580 and 582 to be included in computing his income for the year or a preceding year in respect of that interest, or that would have been so required to be included but for sections 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1, and deduct any amount deducted by him in that respect in computing his income for such year by reason of sections 581 and 583 or that would have been so deductible by him but for sections 316.1, 456 to 458, 462.1 to 462.24 and 466 to 467.1.

1975, c. 22, s. 164; 1987, c. 67, s. 127; 1990, c. 59, s. 210.

CHAPTER VI.1 OFFSHORE INVESTMENT FUNDS

1986, c. 15, s. 90.

597.1. In this chapter, the expression

(a)  “offshore investment fund property” of a taxpayer means a share of the capital stock of, an interest in, or a debt of, a particular foreign entity other than a controlled foreign affiliate of the taxpayer or a prescribed foreign entity or an interest in or a right or option to acquire such a share, interest or debt that may reasonably be considered to derive its value, directly or indirectly, primarily from portfolio investments of that or any other foreign entity in one or more of the assets listed in section 597.2;

(b)  “designated cost” to a taxpayer at any time in a taxation year of an offshore investment fund property that he holds or has an interest in means the amount determined in respect thereof at that time under section 597.3;

(c)  “foreign entity” means a corporation that is not resident in Canada, a partnership, organization, fund or entity that is not resident or is not situated in Canada or a trust contemplated in section 596.

1986, c. 15, s. 90; 1997, c. 3, s. 71.

597.2. For the purposes of paragraph a of section 597.1, the assets referred to therein are the following:

(a)  shares of the capital stock of a corporation;

(b)  indebtedness or annuities;

(c)  interests in a fund, organization, corporation, entity, trust or partnership;

(d)  commodities;

(e)  immovable property;

(f)  Canadian of foreign resource properties;

(g)  foreign currency; and

(h)  rights or options to acquire or dispose of any of the assets listed in paragraphs a to g.

1986, c. 15, s. 90; 1997, c. 3, s. 71; 2010, c. 5, s. 52.

597.3. The amount contemplated in paragraph b of section 597.1 at any time in a taxation year in respect of an offshore investment fund property that the taxpayer holds or has an interest in is the aggregate of

(a)  the cost amount to the taxpayer of the property at that time determined without reference to paragraphs c.5 and h.1 of section 255, paragraphs b and b.1 and subparagraph i.3 of paragraph l of section 257 and Title VIII of Book VI;

(b)  where an additional amount has been made available by a person to another person after the calendar year 1984 and before that time, whether by way of gift, loan, payment for a share, transfer of property at less than its fair market value or otherwise, in circumstances such that it may reasonably be concluded that one of the main reasons for so making the additional amount available to the other person was to increase the value of the offshore investment fund property, the aggregate of all amounts each of which is the amount by which such an additional amount exceeds any increase in the cost amount to the taxpayer of the offshore investment fund property by virtue of that additional amount;

(c)  the aggregate of all amounts each of which is an amount included in respect of the offshore investment fund property by virtue of this chapter in computing the taxpayer’s income for a preceding taxation year;

(d)  where the taxpayer has held or has had the interest in the property at all times since the end of the calendar year 1984, the amount by which the fair market value of the property at the end of the calendar year 1984 exceeds the cost amount to the taxpayer of the property at the end of the calendar year 1984, or, in any other case, the aggregate of

i.  the amount by which the fair market value of the property at the time the taxpayer acquired the property exceeds the cost amount to the taxpayer of the property at that time, and

ii.  the amount by which the aggregate of all amounts each of which is an amount that would have been included in respect of the property because of section 597.6 in computing the taxpayer’s income for a taxation year that began before 20 June 1996 if the cost to the taxpayer of the property had been equal to the fair market value of the property at the time the taxpayer acquired it exceeds the aggregate of all amounts each of which is an amount that was included in respect of the property because of section 597.6 in computing the taxpayer’s income for a taxation year that began before 20 June 1996.

Notwithstanding the foregoing, where the property is a prescribed offshore investment fund property, the amount determined under the first paragraph in respect thereof is deemed nil.

1986, c. 15, s. 90; 2001, c. 7, s. 60.

597.4. Where in a taxation year a taxpayer, other than a non-resident-owned investment corporation, holds or has an interest in an offshore investment fund property and it may reasonably be concluded, taking all the circumstances into account that one of the main reasons for the taxpayers acquiring, holding or having the interest in such property was to derive a benefit from portfolio investments in assets listed in paragraphs a to h of section 597.2 in such manner that the taxes on the income, profits and gains from such assets for any particular year are significantly less than the tax that would have been applicable under this Part if such income, profits and gains had been earned directly by the taxpayer, there shall be included in computing the taxpayer’s income for the year the amount determined under section 597.6 for that year in respect of that property.

1986, c. 15, s. 90; 1997, c. 3, s. 71.

597.5. For the purposes of section 597.4, the circumstances that must be taken into account include

(a)  the nature, organization and operation of any foreign entity and the form of, and the terms and conditions governing, the taxpayer’s interest in, or connection with, any such entity;

(b)  the extent to which any income, profits and gains that may reasonably be considered to be earned or accrued, whether directly or indirectly, for the benefit of any foreign entity are subject to an income or profits tax that is significantly less than the income tax that would be applicable to such income, profits and gains if they were earned directly by the taxpayer;

(c)  the extent to which the income, profits and gains of any foreign entity for any fiscal period are distributed in that or the following fiscal period.

1986, c. 15, s. 90.

597.6. The amount that shall be included in computing a taxpayer’s income for a taxation year under section 597.4 in respect of an offshore investment fund property is the amount by which

(a)  the aggregate of all amounts each of which is the product obtained when the designated cost to the taxpayer of the offshore investment fund property at the end of a particular month in the year is multiplied by the quotient obtained when the rate of interest fixed in accordance with section 28 of the Act respecting the Ministère du Revenu (chapter M-31) for the period including that month is divided by twelve, exceeds

(b)  the taxpayer’s income for the year from the offshore investment fund property determined without reference to this section or to section 597.4.

For the purposes of subparagraph b of the first paragraph, the taxpayer’s income does not include a capital gain.

1986, c. 15, s. 90.

CHAPTER VII SPECIAL RULES

1975, c. 22, s. 164.

598. For the purposes of this Title, except section 577,

(a)  any person or partnership having a right under a contract or otherwise, either immediately or in the future and either absolutely or contingently, to shares of the capital stock of a corporation or interests in a partnership, is deemed to own those shares or interests, if it can reasonably be considered that the principal purpose for the existence of the right is to permit any person to avoid, reduce or defer the payment of tax or any other amount that would otherwise be payable under this Act; and

(b)  where a person or partnership acquires or disposes of shares of the capital stock of a corporation or interests in a partnership, either directly or indirectly, and it can reasonably be considered that the principal purpose for the acquisition or disposition of the shares or interests is to permit a person to avoid, reduce or defer the payment of tax or any other amount that would otherwise be payable under this Act, those shares or interests are deemed not to have been acquired or disposed of, as the case may be, and not to have been issued if the corporation or partnership had not issued them immediately prior to the acquisition.

1975, c. 22, s. 164; 1990, c. 59, s. 211; 1996, c. 39, s. 163; 1997, c. 3, s. 71; 2004, c. 8, s. 124.

598.1. For the purposes of this Part, an individual resident in Québec who is a shareholder of a corporation described in the second paragraph may agree, with the approval in writing of the Minister and subject to the terms and conditions set out in the approval, to apply the following rules for the period during which the agreement is effective:

(a)  the corporation is deemed to be a controlled foreign affiliate of the individual;

(b)  the income of the corporation is deemed to be foreign accrual property income of a controlled foreign affiliate of the individual;

(c)  for the purposes of section 146, the portion of the income that is included in computing the individual’s income for a taxation year is deemed not to be income from a property; and

(d)  the individual shall not include any amount in computing the individual’s income in respect of a dividend paid to the individual on a share of the capital stock of the corporation and shall deduct the amount of the dividend in computing the adjusted cost base to the individual of the share.

The corporation to which the first paragraph refers is an S corporation within the meaning of the United States Internal Revenue Code of 1986, as amended from time to time.

2000, c. 39, s. 36; 2009, c. 15, s. 92.

TITLE XI PARTNERSHIPS AND THEIR MEMBERS

1972, c. 23; 1997, c. 3, s. 71.

CHAPTER I GENERALITIES

1972, c. 23.

599. For the purposes of this Title, the expression “Canadian partnership” means a partnership all the members of which, at any time when the expression applies, are resident in Canada.

Moreover, a reference to a member of a particular partnership or a reference to a person or a taxpayer who is a member of a particular partnership shall include a reference to another partnership that is a member of the particular partnership.

1972, c. 23, s. 454; 1988, c. 18, s. 49; 1997, c. 3, s. 71.

600. Each member of a partnership shall compute, for a taxation year, his income, non-capital loss, net capital loss, restricted farm loss, farm loss or taxable income earned in Canada, as the case may be, as if each of the following hypotheses governing the interpretation of the provisions of this Title applied:

(a)  the partnership is a separate person resident in Canada;

(b)  the taxation year of the partnership is its fiscal period;

(c)  the partnership carries on as a separate person each of its activities, including the ownership of property and for each of its taxation years, computes the amount of:

i.  each taxable capital gain and allowable capital loss from the disposition of property, and

ii.  each income and loss of the partnership from each other source in Canada or from sources in another place;

(d)  in computing each income or loss of the partnership for a taxation year, no account shall be taken of paragraph z.4 of section 87, sections 145 and 217.2 to 217.9.1, paragraphs a, d, e and e.1 of section 330 and section 418.12, and no deduction is permitted under section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), section 217.13, the first paragraph of section 360 or sections 362 to 418.12;

(e)  each gain of the partnership from the disposition of land used in a farming business of the partnership is computed without reference to paragraph l of section 255;

(e.1)  the amount by which the aggregate of all amounts determined under sections 222 to 224 in respect of the partnership at the end of a taxation year exceeds the aggregate of all amounts determined under section 225 in respect of the partnership at the end of the year was deducted under the said sections in computing the income of the partnership for the year;

(f)  subject to section 600.0.1, the income of the partnership, for a taxation year, from any source in Canada or from sources in another place is, to the extent of the taxpayer’s share thereof, his income for his taxation year during which the taxation year of the partnership ends, from such source in Canada or sources situated in such other place, as the case may be; and

(g)  subject to section 600.0.1, the amount by which the loss of the partnership for a taxation year from any source in Canada or from sources in another place exceeds, in the case of a taxpayer who would be a specified member of the partnership in the year if the definition of “specified member” in section 1 were read without reference to paragraph b thereof, the amount deducted by the partnership under sections 222 to 230 in computing its income for the taxation year from that source or those sources, as the case may be, and, in any other case, nil, is the loss of the taxpayer from such source in Canada or sources situated in such other place, as the case may be, for the taxation year of the taxpayer in which the partnership’s taxation year ends, to the extent of the taxpayer’s share thereof.

1972, c. 23, s. 455; 1975, c. 22, s. 165; 1978, c. 26, s. 106; 1980, c. 11, s. 54; 1982, c. 5, s. 129; 1985, c. 25, s. 104; 1986, c. 19, s. 130; 1989, c. 5, s. 73; 1989, c. 77, s. 67; 1994, c. 22, s. 211; 1997, c. 3, s. 71; 1997, c. 31, s. 55; 1998, c. 16, s. 175; 2000, c. 5, s. 293; 2004, c. 8, s. 125.

600.0.1. Except for the purposes of Chapter II.1 of this Title, paragraph i of section 255 and paragraph l of section 257, where, in a particular taxation year, an individual is a member of a particular partnership and the particular partnership deducted, in computing its income for its taxation year ending in the particular taxation year, an amount under paragraph a of section 130 or the second paragraph of section 130.1 in respect of a certified Québec film, within the meaning of the regulations under the said section 130, or another partnership deducted, in the same respect, an amount under one of the said paragraphs which may reasonably be considered to have contributed to the creation or increase of the individual’s share of the loss of the particular partnership which, but for this section, would be determined for the particular taxation year, or to the reduction or cancellation of the individual’s share of the income of the particular partnership which, but for this section, would be determined for the particular taxation year, the following rules apply:

(a)  where the individual would, but for this section, have a share of the income of the particular partnership for the particular taxation year, that share is deemed, notwithstanding paragraph f of section 600, to be equal to the aggregate of his share of the income of the particular partnership for the particular taxation year which, but for this section, would be determined in the said paragraph f of his share of the amount so deducted by the particular partnership in computing its income for the particular taxation year pursuant to the said paragraph a of section 130 or the said second paragraph of section 130.1 and, as the case may be, of the amount so deducted by the other partnership pursuant to the said paragraph a of section 130 or the said second paragraph of section 130.1 to the extent that it may reasonably be considered that the deduction of that amount by the other partnership contributed to the reduction of that share of the income of the particular partnership for the particular taxation year which, but for this section, would have been determined in the said paragraph f,

(b)  where the individual would, but for this section, have a share of the loss of the particular partnership for the particular taxation year, that share is deemed, notwithstanding paragraph g of section 600, to be equal to the amount by which his share of the loss of the particular partnership for the particular taxation year which, but for this section, would be determined in the said paragraph g exceeds the lesser of

i.  the aggregate of his share of the amount so deducted by the particular partnership, in computing its income for that taxation year, pursuant to the said paragraph a of section 130 or the said second paragraph of section 130.1 and, as the case may be, of the amount so deducted by the other partnership pursuant to the said paragraph a of section 130 or the said second paragraph of section 130.1 to the extent that it may reasonably be considered that the deduction of that amount by the other partnership contributed to the creation or increase of that share of the loss of the particular partnership for the particular taxation year which, but for this section, would have been determined in the said paragraph g; and

ii.  his share of the loss of the particular partnership for the particular taxation year which, but for this section, would be determined in paragraph g of section 600;

(c)  where the amount determined in subparagraph i of paragraph b for the particular year exceeds the amount referred to in subparagraph ii of the said paragraph for the same year, the excess amount is deemed to constitute the individual’s share of the income of the particular partnership for the particular taxation year;

(d)  where, for the particular taxation year, the individual would, but for this section, have neither a share of the income of the particular partnership nor a share of the loss of the particular partnership, he is deemed to have a share of the income of the particular partnership for the particular taxation year in an amount equal to the aggregate of his share of the amount so deducted by the particular partnership, in computing its income for that taxation year, pursuant to the said paragraph a of section 130 or the said second paragraph of section 130.1 and, as the case may be, of the amount so deducted by the other partnership under the said paragraph a of section 130 or the said second paragraph of section 130.1 to the extent that it may reasonably be considered that the deduction of that amount by the other partnership contributed to the cancellation of the individual’s share of the income of the particular partnership for the particular taxation year which, but for this section, would otherwise have been determined in paragraph f of section 600.

1989, c. 5, s. 74; 1990, c. 7, s. 19; 1997, c. 3, s. 71.

600.0.2. An individual’s share of the loss of a partnership, determined pursuant to section 600.0.1 for a fiscal period of the partnership at the end of which the individual was a member of the partnership, in this section referred to as “corrected loss”, shall not however exceed the proportion of at-risk amount of the individual in respect of the partnership at that date, within the meaning of sections 613.2 to 613.5, that his share of the corrected loss of the partnership which, but for this section, would be so determined under section 600.0.1 is of his share of the corrected loss of the partnership which, but for this section and section 600.0.1, would be determined under paragraph g of section 600.

1989, c. 5, s. 74; 1997, c. 3, s. 71.

600.0.3. Notwithstanding sections 231, 231.2 and 600, where, in a particular taxation year of a taxpayer, the taxpayer is a member of a partnership with a fiscal period that ends in the particular year, the taxable capital gain, other than that part of the gain that can reasonably be attributed to an amount deemed under section 105.3 to be a taxable capital gain of the partnership, allowable capital loss or allowable business investment loss of the taxpayer for the particular year in respect of the partnership is determined by the formula

A × B / C.

In the formula provided for in the first paragraph,

(a)  A is the taxpayer’s taxable capital gain, other than that part of the gain that can reasonably be attributed to an amount deemed under section 105.3 to be a taxable capital gain of the partnership, allowable capital loss or allowable business investment loss, as the case may be, for the particular year, in respect of the partnership that would, but for this section, be determined under section 600;

(b)  B is the fraction that applies under section 231 or 231.2, as the case may be, for the particular year in respect of the taxpayer; and

(c)  C is the fraction that is used under any of sections 231 and 231.2 for the fiscal period of the partnership.

1990, c. 59, s. 212; 1997, c. 3, s. 71; 2003, c. 2, s. 137; 2004, c. 8, s. 126.

600.0.4. For the purposes of section 600.0.3, where the fraction referred to in subparagraph c of the second paragraph of that section cannot be determined by a taxpayer in respect of a fiscal period of a partnership that ended before 28 February 2000, or includes 28 February 2000 or 17 October 2000, the fraction is deemed to be

(a)  where the fiscal period ended before or began before 28 February 2000, 3/4;

(b)  where the fiscal period began after 27 February 2000 but before 18 October 2000, 2/3; and

(c)  in any other case, 1/2.

2003, c. 2, s. 138.

600.1. Subject to section 600.2, the share of a member of a partnership of any amount that would be an amount referred to in paragraph e of section 398, paragraph b or e of section 399, paragraph d of section 411, subparagraph i of paragraph b or paragraph c or h of section 412, paragraph d of section 418.5 or subparagraph i of paragraph b or paragraph c or e of section 418.6, in respect of the partnership for a taxation year of the partnership, but for paragraph d of section 600, is deemed to be an amount referred to in paragraph e of section 398, paragraph b or e of section 399, paragraph d of section 411, subparagraph of paragraph b or paragraph c or h of section 412, paragraph d of section 418.5 or subparagraph i of paragraph b or paragraph c or e of section 418.6, as the case may be, in respect of the member for the taxation year of the member in which the taxation year of the partnership ends.

1978, c. 26, s. 107; 1982, c. 5, s. 130; 1993, c. 16, s. 237; 1997, c. 3, s. 71.

600.2. However, where a person not resident in Canada is a member of a partnership that is deemed under section 1096.2 to have disposed of a property, the deemed amount in respect of the person under section 600.1 respecting section 411, 412, 418.5 or 418.6, as the case may be, is then so deemed for his taxation year that ended at the particular time referred to in section 1096.1.

1982, c. 5, s. 130; 1986, c. 19, s. 131; 1993, c. 16, s. 237; 1997, c. 3, s. 71; 2009, c. 5, s. 188.

601. If an individual who is a member of a partnership immediately before its dissolution, or who is a member of a partnership that, but for section 618, would have been dissolved at a particular time, makes a valid election under subsection 2 of section 99 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to a fiscal period of the partnership that is referred to in the third or fourth paragraph of section 7, the partnership’s fiscal period is deemed, for the purpose of computing the individual’s income, to have ended immediately before the time it would normally have ended if the partnership had continued to exist.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2 of section 99 of the Income Tax Act.

1972, c. 23, s. 456; 1978, c. 26, s. 108; 1996, c. 39, s. 164; 1997, c. 3, s. 71; 1997, c. 31, s. 56; 2009, c. 5, s. 189.

602. (Repealed).

1972, c. 23, s. 457; 1973, c. 17, s. 67; 1997, c. 3, s. 71; 2009, c. 5, s. 190.

602.1. If, at any time in a fiscal period of a partnership, a taxpayer ceases to be a member of the partnership, the following rules apply:

(a)  for the purposes of sections 7 to 7.0.6, 217.2 to 217.17, 600, 607, 634 and 635 and despite section 643, the taxpayer is deemed to be a member of the partnership at the end of the fiscal period; and

(b)  for the purpose of applying subparagraphs i and viii of paragraph i of section 255, subparagraph i of paragraph l of section 257 and the second paragraph of section 613.1 to the taxpayer, the fiscal period of the partnership is deemed to end

i.  immediately before the time at which the taxpayer is deemed under section 436 to have disposed of the interest in the partnership, if the taxpayer ceased to be a member of the partnership because of the taxpayer’s death, and

ii.  immediately before the time that is immediately before the time that the taxpayer ceased to be a member of the partnership, in any other case.

2009, c. 5, s. 191.

603. If a taxpayer who was a member of a partnership during a fiscal period has, for the purpose of computing the taxpayer’s income from the partnership for the fiscal period, entered into an agreement or made an election, a designation or a specification under the regulations made under section 104, under any of sections 96, 105.2.1, 105.2.2, 119.15, 156, 180 to 182, 230, 279, 280.3, 299, 485.6, 485.9 to 485.11, 485.42 to 485.52, 614, 832.23 and 832.24 or, because of subparagraph a of the second paragraph of section 614, under the first paragraph of section 522, that, but for this section, would be a valid agreement, designation, specification or election, as the case may be, the following rules apply:

(a)  the agreement, designation, specification or election is not valid unless it was entered into or made on behalf of the taxpayer and each other member of the partnership during the fiscal period and the taxpayer had authority to act for the partnership;

(b)  if the agreement, designation, specification or election is valid under paragraph a, each other member of the partnership during the fiscal period is deemed to have entered into the agreement or made the designation, specification or election, as the case may be; and

(c)  despite paragraph a, any agreement, designation, specification or election deemed to have been entered into or made, as the case may be, by a member under paragraph b is deemed to be a valid agreement, designation, specification or election entered into or made by that member.

1973, c. 17, s. 68; 1975, c. 22, s. 166; 1982, c. 5, s. 131; 1986, c. 19, s. 132; 1993, c. 16, s. 238; 1994, c. 22, s. 212; 1995, c. 1, s. 47; 1996, c. 39, s. 165; 1997, c. 3, s. 71; 1997, c. 31, s. 57; 1997, c. 85, s. 96; 2001, c. 7, s. 61; 2001, c. 53, s. 86; 2003, c. 9, s. 39; 2009, c. 5, s. 192; 2009, c. 15, s. 93.

603.1. If a SIFT partnership becomes liable to pay the tax provided for in Part III.17 for a taxation year, the following rules apply:

(a)  paragraph f of section 600 is to be read as if “the income of the partnership, for a taxation year, from any source in Canada or from sources in another place” was replaced by “the amount by which the partnership’s income for a taxation year from any source in Canada or from sources in another place exceeds, the portion, determined in respect of each such source, of the partnership’s taxable non-portfolio earnings for the year that is applicable to that source”; and

(b)  the SIFT partnership is deemed to have received a dividend in the taxation year from a taxable Canadian corporation equal to the amount by which the amount of the SIFT partnership’s taxable non-portfolio earnings for the taxation year exceeds the amount determined by the formula

A × (B + C).

In the formula in the first paragraph,

(a)  A is the amount of the SIFT partnership’s taxable non-portfolio earnings for the taxation year;

(b)  B is the basic rate determined in respect of the SIFT partnership for the taxation year under the third paragraph of section 1129.71 or, if the SIFT partnership has an establishment outside Québec in the year, the aggregate of the following rates:

i.  that basic rate represented by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as that proportion would be determined under Chapters I and II of Title XXVII of the Regulation respecting the Taxation Act (chapter I-3, r. 1) if the SIFT partnership were a corporation, and

ii.  the provincial SIFT tax rate, within the meaning assigned by subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) and expressed as a percentage, that would be applicable to the SIFT partnership for the year if that definition applied in respect of the SIFT partnership for that year and if section 414 of the Income Tax Regulations made under that Act were read without reference to its subsection 4; and

(c)  C is the net corporate income tax rate, within the meaning assigned by subsection 1 of section 248 of the Income Tax Act and expressed as a percentage, that is applicable to the SIFT partnership for the taxation year.

For the purposes of this section, “taxable non-portfolio earnings” of a SIFT partnership has the meaning assigned by section 1129.70.

2009, c. 5, s. 193; 2009, c. 15, s. 94.

604. (Repealed).

1975, c. 22, s. 167; 1997, c. 85, s. 97.

605. (Repealed).

1975, c. 22, s. 167; 1977, c. 26, s. 65; 1986, c. 15, s. 91; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 14, s. 93; 1997, c. 85, s. 97.

605.1. For the purposes of this Part, where at a particular time a person resident in Canada becomes a member of a partnership, or a person who is a member of a partnership becomes resident in Canada, and immediately before the particular time no member of the partnership is resident in Canada, the following rules apply for the purpose of computing the partnership’s income for fiscal periods ending after the particular time:

(a)  where, at or before the particular time, the partnership held depreciable property of a prescribed class, other than taxable Canadian property,

i.  no amount shall be included in determining the amounts under subparagraphs i, ii.1 and ii.2 of subparagraph e of the first paragraph of section 93 and under subparagraphs c to f of the second paragraph of that section in respect of the acquisition or disposition before the particular time of the property, and

ii.  where the property is the partnership’s property at the particular time, the property is deemed to have been acquired, immediately after the particular time, by the partnership at a capital cost equal to the lesser of its fair market value and its capital cost to the partnership otherwise determined;

(b)  in the case of the partnership’s property that is inventory, other than inventory of a business carried on in Canada, or non-depreciable capital property, other than taxable Canadian property, of the partnership at the particular time, its cost to the partnership is deemed to be, immediately after the particular time, equal to the lesser of its fair market value and its cost to the partnership otherwise determined;

(c)  any loss in respect of the disposition of a property, other than inventory of a business carried on in Canada or taxable Canadian property, by the partnership before the particular time is deemed to be nil; and

(d)  where 4/3 of the eligible incorporeal capital amount in respect of a business carried on at the particular time outside Canada by the partnership exceeds the total of the fair market value of each incorporeal capital property in respect of the business at that time, the partnership is deemed to have, immediately after that time, disposed of incorporeal capital property in respect of the business for proceeds equal to the excess and to have received those proceeds.

1995, c. 49, s. 149; 1997, c. 3, s. 71; 2001, c. 53, s. 87; 2005, c. 1, s. 121.

605.2. For the purposes of section 605.1, where it can reasonably be considered that one of the main reasons that there is a member of the partnership who is resident in Canada is to avoid the application of that section, the member is deemed not to be resident in Canada.

1995, c. 49, s. 149; 1997, c. 3, s. 71.

CHAPTER II SHARING AGREEMENTS

1972, c. 23.

606. Section 607 applies where there is an agreement among the members of a partnership to share, according to an agreed proportion, any income or loss of the partnership from or arising out of any source in Canada or from sources in another place or any amount in respect of any activity of the partnership that is relevant to the computation of the income or taxable income of such members.

1972, c. 23, s. 458; 1975, c. 22, s. 168; 1997, c. 3, s. 71; 2009, c. 5, s. 194.

607. (1)  Where the principal purpose for an agreement contemplated in section 606 may reasonably be considered to be the reduction of the tax that might otherwise be or become payable under this Part of the postponement of such payment, the share of each member in the income, loss or amount that is the object of that agreement shall be the amount that is reasonable, having regard to all the circumstances including the proportions in which the members have agreed to share profits and losses from other sources in Canada or from sources in another place.

(1.1)  Where an agreement described in section 606 is entered into between members of a partnership not dealing with each other at arm’s length, the share of each member in the income, loss or amount that is the object of that agreement is the amount that is reasonable, having regard to the work performed for the partnership by its members, the capital invested therein by them or any other relevant factor.

(2)  For the purposes of this chapter, the word “losses” when used in the expression “profits and losses” means losses determined without reference to the other provisions of this Part.

1972, c. 23, s. 459; 1982, c. 5, s. 132; 1997, c. 3, s. 71.

608. For the purposes of sections 7 to 7.0.6, 217.2 to 217.17, 600, 607, 634 and 635, where the principal activity of a partnership is carrying on a business in Canada and its members have entered into an agreement to allocate a share of the income or loss of the partnership from any source in Canada or from sources in another place to any person described in section 609, that person is deemed to be a member of the partnership and the amount so allocated for a particular fiscal period of the partnership shall be included in computing the person’s income for the taxation year in which that fiscal period of the partnership ends.

1975, c. 22, s. 169; 1997, c. 3, s. 71; 1997, c. 31, s. 58; 2000, c. 5, s. 293.

609. The person to whom section 608 applies is:

(a)  a taxpayer who at any time ceased to be a member of the partnership described therein or of any other partnership that has been dissolved at any time, or would, but for section 618, have been dissolved, where the members thereof or the members of a third partnership in which a member of such other partnership became a member immediately after the other partnership was dissolved, have entered into an agreement described in section 608 in favour of the taxpayer or of any person described in paragraph b; and

(b)  the spouse, succession or legatee by particular title of the taxpayer referred to in paragraph a or a person referred to in section 611.

1975, c. 22, s. 169; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 134.

610. A taxpayer who, in a taxation year, disposes of a right to a share of the income or loss of a partnership under an agreement referred to in section 608 shall include in computing his income for the year the proceeds of the disposition and he is deemed to have acquired each property received as consideration for its fair market value at the time of such disposition.

1975, c. 22, s. 169; 1997, c. 3, s. 71.

611. A taxpayer who has included an amount in computing his income for the year by virtue of section 608 or 610 may deduct for the year the lesser of such amount and the amount by which the cost to him of the right to a share of the income or loss of a partnership under an agreement referred to in section 608 exceeds the aggregate of the amounts in respect of that right that were deductible by virtue of this section in computing his income for previous taxation years.

1975, c. 22, s. 169; 1997, c. 3, s. 71.

612. For the purposes of this Part, a right to a share of the income or loss of a partnership under an agreement referred to in section 608 is deemed not to be capital property and sections 429 and 430 apply with respect to such a right that a taxpayer had at his death.

1975, c. 22, s. 169; 1997, c. 3, s. 71.

612.1. Where a partnership carries on a business in Québec at any time during a taxation year, each taxpayer who is deemed to be a member of the partnership under section 608 is deemed, for the purposes of section 25, to carry on that business in Québec at any time during the year.

1994, c. 22, s. 213; 1997, c. 3, s. 71.

613. Where a partnership carries on a business in Canada at any time, each taxpayer who is deemed under section 608 to be a member of the partnership at that time is deemed, for the purposes of sections 26 and 217.2 to 217.9.1 and, subject to section 217.16, sections 217.10 to 217.15, section 217.17 and sections 1000 to 1003, to carry on that business in Canada at that time.

1975, c. 22, s. 169; 1997, c. 3, s. 71; 1997, c. 31, s. 59; 2000, c. 5, s. 135.

CHAPTER II.1 TAXPAYER’S AT-RISK AMOUNT

1988, c. 4, s. 40.

613.1. Notwithstanding section 600, where a taxpayer is, at any time in a taxation year, a limited partner of a partnership, the amount, if any, by which the aggregate of all amounts each of which is his share of the amount of any loss of the partnership for a fiscal period of the partnership ending in the taxation year from a business, other than a farming business, or from property, computed pursuant to section 600, exceeds the amount determined under the second paragraph shall not be deducted in computing his income for the year, shall not be included in computing his non-capital loss for the year, and shall be deemed to be his limited partnership loss in respect of the partnership for the year.

The amount referred to in the first paragraph is the amount, if any, by which the at-risk amount of the taxpayer in respect of the partnership at the end of its fiscal period exceeds the aggregate of

(a)  the amount required by subsection 8 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the partnership to be added in the year in computing the investment tax credit of the taxpayer for the year within the meaning assigned to that expression by the said Act for the purposes of the said subsection;

(b)  the taxpayer’s share of any losses of the partnership for the fiscal period from a farming business; and

(c)  the taxpayer’s share of the foreign resource pool expenses, Canadian exploration expense, Canadian development expense and Canadian oil and gas property expense incurred by the partnership in the fiscal period.

1988, c. 4, s. 40; 1989, c. 5, s. 75; 1997, c. 3, s. 71; 2004, c. 8, s. 127.

613.2. For the purposes of sections 600, 603 to 605.2, 608 to 613.10 and 727 to 737, the at-risk amount of a taxpayer, in respect of a partnership of which the taxpayer is a limited partner, at any particular time is the amount by which the aggregate of the following amounts exceeds the amount determined under section 613.3:

(a)  the adjusted cost base to the taxpayer of his partnership interest at that time, computed in accordance with section 613.5, where applicable;

(b)  where the particular time is the end of the fiscal period of the partnership, the aggregate of

i.  the taxpayer’s share of the income of the partnership from a particular source for that fiscal period, computed under the method described in subparagraph i of paragraph i of section 255, and

ii.  the amount referred to in subparagraph viii of paragraph i of section 255 in respect of the taxpayer for that fiscal period.

1988, c. 4, s. 40; 1990, c. 59, s. 213; 1997, c. 3, s. 71; 2001, c. 7, s. 62.

613.3. The amount referred to in section 613.2 is equal to the aggregate of the following amounts:

(a)  the aggregate of all amounts each of which is an amount owing at the particular time to the partnership, or to a person or partnership not dealing at arm’s length with the partnership, by the taxpayer or by a person or partnership not dealing at arm’s length with the taxpayer, other than any amount deducted under subparagraph i.3 of paragraph l of section 257 in computing the adjusted cost base, or under Title VIII of Book VI in computing the cost, to the taxpayer of the taxpayer’s partnership interest at that time; and

(b)  any amount or benefit that the taxpayer or a person not dealing at arm’s length with the taxpayer is entitled, either immediately or in the future and either absolutely or contingently, to receive or to obtain, whether by way of reimbursement, compensation, revenue guarantee, proceeds of disposition, loan or any other form of indebtedness, or in any other form or manner whatever, granted or to be granted for the purpose of reducing the impact, in whole or in part, of any loss that the taxpayer may sustain because the taxpayer is a member of the partnership or holds or disposes of an interest in the partnership, except to the extent that the amount or benefit is referred to in paragraph e of section 399, paragraph h of section 412 or paragraph e of section 418.6 in respect of the taxpayer, or the entitlement arises

i.  by virtue of a contract of insurance with an insurance corporation dealing at arm’s length with each member of the partnership under which the taxpayer is insured against any claim arising as a result of a liability incurred in the ordinary course of carrying on the partnership business;

ii.  (subparagraph repealed);

iii.  as a consequence of the death of the taxpayer;

iv.  (subparagraph repealed);

v.  (subparagraph repealed);

vi.  in respect of an amount not included in the at-risk amount of the taxpayer in respect of the partnership determined without reference to this paragraph; or

vii.  by reason of an excluded obligation, within the meaning of the regulations made under section 359.1, in relation to a share issued to the partnership by a corporation.

1988, c. 4, s. 40; 1988, c. 18, s. 50; 1993, c. 16, s. 239; 1995, c. 63, s. 46; 1996, c. 39, s. 166; 1997, c. 3, s. 71; 1997, c. 31, s. 60; 2001, c. 7, s. 63.

613.4. For the purposes of sections 613.2 and 613.3,

(a)  the amount or benefit to which the taxpayer referred to in section 613.2, or a person not dealing at arm’s length with the taxpayer, is at any time entitled and that is provided by way of an agreement or other arrangement under which the taxpayer or the person has a right, either immediately or in the future and either absolutely or contingently, otherwise than as a consequence of the death of the taxpayer, to acquire other property in exchange for all or any part of the taxpayer’s interest in the partnership referred to in that section shall not be considered to be less than the fair market value of the other property at that time; and

(b)  the amount or benefit to which the taxpayer or the person is at any time entitled and that is provided by way of a guarantee, security or similar covenant in respect of any loan or other obligation of the taxpayer or the person shall not be considered to be less than the aggregate of the unpaid amount of the loan or obligation at that time and all other amounts outstanding in respect of the loan or obligation at that time.

1988, c. 4, s. 40; 1997, c. 3, s. 71; 2001, c. 7, s. 64.

613.5. For the purposes of sections 613.2 to 613.4, where a taxpayer has acquired his partnership interest at any time from a transferor other than the partnership, the adjusted cost base to the taxpayer of that interest shall be computed as if the cost to him of the interest were the lesser of

(a)  his cost otherwise determined, and

(b)  the greater of the adjusted cost base of that interest to the transferor immediately before that time, and nil.

Notwithstanding the foregoing, where the adjusted cost base to the transferor cannot be determined, it is deemed to be equal to the aggregate of the amounts determined in respect of the taxpayer under paragraphs a and b of section 613.3 immediately after that time.

1988, c. 4, s. 40; 1997, c. 3, s. 71.

613.6. For the purposes of sections 600, 603 to 605.2, 608 to 613.10 and 727 to 737, a taxpayer who is a member of a partnership at a particular time is a limited partner of the partnership at that time if the member’s partnership interest is not an exempt interest, within the meaning assigned by section 613.7, at that time and if, at that time or within three years after that time,

(a)  by operation of any law governing the partnership arrangement, the liability of the member as a member of the partnership is limited, except by operation of a provision of a statute of Canada or a province that limits the member’s liability only for debts and other obligations of the partnership, or any member of the partnership, arising from the misconduct or faults or omissions or negligent acts that another member of the partnership or an employee, agent or mandatary, or representative of that member or of the partnership commits in the course of the partnership’s business while the partnership is a limited liability partnership referred to in that provision;

(b)  the member or a person not dealing at arm’s length with the member is entitled, either immediately or in the future and either absolutely or contingently, to receive an amount or to obtain a benefit that would be described in paragraph b of section 613.3 if that paragraph were read without reference to subparagraphs ii, as it applies before being struck out, and vi thereof;

(c)  where the member who owns the interest is a corporation, partnership or trust, one of the reasons for the existence of the member can reasonably be considered to be to limit the liability of any person with respect to that interest, and cannot reasonably be considered to be to permit any person who has an interest in the corporation, partnership or trust, as the case may be, to carry on that person’s business, other than an investment business, in the most effective manner; or

(d)  one of the main reasons for the existence of an agreement or other arrangement for the disposition of an interest in the partnership can reasonably be considered to be to attempt to avoid the application of this section to the member.

1988, c. 4, s. 40; 1997, c. 3, s. 71; 2001, c. 7, s. 65; 2003, c. 2, s. 139.

613.7. For the purposes of section 613.6, an exempt interest in a partnership at any time means a prescribed partnership interest or an interest in a partnership that was actively carrying on business on a regular and a continuous basis immediately before 26 February 1986 and continuously thereafter until that time or that was earning income from the rental or leasing of property immediately before 26 February 1986 and continuously thereafter until that time, where there has not after 25 February 1986 and before that time been a substantial contribution of capital to the partnership or a substantial increase in the indebtedness of the partnership and, for this purpose, an amount will not be considered to be substantial where

(a)  the amount was used by the partnership to make an expenditure required to be made pursuant to the terms of a written agreement entered into by it before 26 February 1986, or to repay a loan, debt or contribution of capital that had been received or incurred in respect of any such expenditure;

(b)  the amount was raised pursuant to the terms of a final prospectus, preliminary prospectus or registration statement filed before 26 February 1986 with a public authority in Canada pursuant to and in accordance with the securities legislation of Canada or of any province, and, where required by law, accepted for filing by such public authority; or

(c)  the amount was used for the activity that was carried on by the partnership on 25 February 1986 but was not used for a significant expansion of the activity.

1988, c. 4, s. 40; 1997, c. 3, s. 71; 2001, c. 53, s. 88.

613.8. For the purposes of section 613.7, the following rules apply:

(a)  a partnership in respect of which paragraph b of section 613.7 applies shall be considered to have been actively carrying on a business on a regular and a continuous basis immediately before 26 February 1986 and continuously thereafter until the earlier of the closing date, if any, stipulated in the document referred to in paragraph b of section 613.7, and 1 January 1987; and

(b)  an expenditure shall not be considered to have been required to be made pursuant to the terms of an agreement where the obligation to make the expenditure is conditional in any way on the consequences under this Part relating to the expenditure and the condition has not been satisfied or waived before 12 June 1986.

1988, c. 4, s. 40; 1997, c. 3, s. 71.

613.9. For the purposes of paragraph a of section 613.3, where at any time an amount owing by a taxpayer or a person with whom the taxpayer does not deal at arm’s length is repaid and it is established, by subsequent events or otherwise, that the repayment was made as part of a series of loans or other transactions and repayments, the amount owing is deemed not to have been repaid.

1988, c. 4, s. 40.

613.10. For the purposes of paragraph a of section 613.2, where at any time a taxpayer makes a contribution of capital to a partnership and the partnership or a person or partnership with whom the partnership does not deal at arm’s length makes a loan to the taxpayer or to a person with whom the taxpayer does not deal at arm’s length or repays the contribution of capital, and it is established, by subsequent events or otherwise, that the loan or repayment, as the case may be, was made as part of a series of loans or other transactions and repayments, the contribution of capital is deemed not to have been made to the extent of the loan or repayment, as the case may be.

1988, c. 4, s. 40; 1997, c. 3, s. 71.

CHAPTER III CONTRIBUTION OF PROPERTY

1972, c. 23.

614. Where at a particular time after 1971 a partnership acquires property from a taxpayer who is, immediately after such acquisition, a member of the partnership, it is deemed to acquire it at its fair market value at that time and the member is deemed to dispose of it for proceeds equal to such value.

Notwithstanding any other provision of this Part, other than section 93.3.1, where a taxpayer disposes of any property that is a capital property, Canadian resource property, foreign resource property, incorporeal capital property or inventory to a partnership that, immediately after the disposition, is a Canadian partnership of which the taxpayer is a member, and the taxpayer and all the other members of the partnership make a valid election for the purposes of subsection 2 of section 97 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the disposition or, where that election cannot be made by reason of paragraph 21.2 of section 13 of that Act, make an election, in the prescribed form referred to in the first paragraph of section 520.1, the following rules apply:

(a)  sections 520.1, 520.2, 521.2, 522 and 523 to 526 and paragraph a of section 528 apply in respect of the disposition as if the references therein to section 518 were references to this paragraph, and replacing therein

i.  except in section 525.1, the words “and the corporation” and “and by the corporation” respectively by the words “and all the other members of the partnership” and “and by all the other members of the partnership”,

ii.  the words “a share of the capital stock of the corporation” and “a right to receive any such share” respectively by the words “an interest in the partnership” and “a right to receive any such interest”,

iii.  the words “shareholder of the corporation” by the words “member of the partnership”,

iv.  except in the second paragraph of section 522 and in section 526, any other occurrence of the word “corporation” by the word “partnership”, and

v.  in the portion of subparagraph a of the third paragraph of section 520.1 before subparagraph i, the words “the taxation year which, of the taxation years of those persons, ends the latest” by the words “that taxation year of the taxpayer or the fiscal period of the partnership in which the disposition was made, whichever year or period in the latter case ends later”;

(a.1)  (subparagraph repealed);

(b)  in computing, after the disposition, the adjusted cost base of the taxpayer’s interest in the partnership immediately after the disposition, the taxpayer shall

i.  add the amount by which the taxpayer’s proceeds of disposition of the property exceed the fair market value at the time of the disposition, of the consideration other than an interest in the partnership, received by the taxpayer for the property, and

ii.  deduct the amount by which the fair market value, at the time of the disposition, of the consideration other than an interest in the partnership, received by the taxpayer for the property exceeds the fair market value of the property at that time; and

(c)  where the taxpayer so disposes of any taxable Canadian property or any taxable Québec property as consideration for an interest in the partnership, the interest is deemed to be also a taxable Canadian property or a taxable Québec property, as the case may be.

1972, c. 23, s. 460; 1975, c. 22, s. 170; 1984, c. 15, s. 132; 1986, c. 19, s. 133; 1997, c. 3, s. 71; 1997, c. 31, s. 153; 1997, c. 85, s. 98; 2000, c. 5, s. 136; 2002, c. 40, s. 43; 2003, c. 9, s. 40; 2004, c. 8, s. 128; 2005, c. 1, s. 122; 2009, c. 5, s. 195.

614.1. Except for the purposes of this section, where a property is disposed of to a partnership before 26 March 1997 by a taxpayer, the second paragraph of section 614 and Divisions I to III of Chapter IV of Title IX, as they read in respect of property disposed of on 26 March 1997 and not as they read in respect of the disposition, apply in respect of the disposition where

(a)  the disposition is made after 18 December 1996, or is part of a series of transactions or events that began before 19 December 1996 and ended after 18 December 1996; and

(b)  it may not reasonably be considered that all or substantially all of an excess amount is attributable to the difference between the cost amount of the property to the taxpayer, immediately before the disposition, for the purposes of this Part and the cost amount of the property to the taxpayer, at that time, for the purposes of Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), where that excess amount is

i.  the amount by which the taxpayer’s income for the taxation year in which the disposition is made is reduced by reason of the application of the second paragraph of section 614 in respect of the disposition, exceeds the amount, if any, by which the taxpayer’s income for that year, established for the purposes of Part I of the Income Tax Act, is reduced by reason of the application of subsection 2 of section 97 of that Act in respect of the disposition, or

ii.  the amount by which the cost amount of the property to the partnership, immediately after the disposition, for the purposes of this Part, exceeds the cost amount of the property to the partnership established at that time for the purposes of Part I of the Income Tax Act.

However, the first paragraph does not apply where the disposition is of property in respect of which section 522, as it reads in respect of property disposed of on 26 March 1997, would apply if

(a)  the disposition had been made on 26 March 1997;

(b)  where the election referred to in the second paragraph of section 614, as that paragraph reads in respect of property disposed of on 26 March 1997, was not made in respect of the disposition, the election had been made for an amount agreed on equal to the fair market value of the property at the time of the disposition; and

(c)  an amount had been agreed on in respect of the property in the prescribed form for the purposes of that section 522, and was equal to the amount agreed on in its respect in the election made under the second paragraph of section 614, as that paragraph reads in respect of the disposition, or to the fair market value of the property at the time of the disposition if no election were made.

1997, c. 85, s. 99; 1997, c. 85, s. 781.

615. (Repealed).

1972, c. 23, s. 461; 1984, c. 15, s. 133; 1996, c. 39, s. 167; 1997, c. 3, s. 71; 2000, c. 5, s. 137.

616. (Repealed).

1972, c. 23, s. 462; 1982, c. 5, s. 133; 1984, c. 15, s. 133; 1989, c. 77, s. 68; 1990, c. 59, s. 214; 1997, c. 3, s. 71; 2000, c. 5, s. 137.

617. For the purposes of sections 93 to 104, 130 and 130.1 and of the regulations made under paragraph a of section 130, where the second paragraph of section 614 applies to depreciable property the capital cost of which, to the taxpayer who disposed of it to the partnership, exceeds the proceeds of its disposition:

(a)  the capital cost of the property, to the partnership, is deemed to be equal to the capital cost of the property to the taxpayer; and

(b)  the excess is deemed to have been allowed to the partnership as depreciation for the taxation years preceding the acquisition of that property by it.

1972, c. 23, s. 463; 1974, c. 18, s. 24; 1979, c. 18, s. 50; 1997, c. 3, s. 71.

617.1. Where the second paragraph of section 614 has applied in respect of the disposition of any property by an individual to a partnership, the cost of the property to the individual was included in computing an amount determined under section 75.2.1 or 75.3 in respect of the individual, the property is depreciable property of the partnership, and the amount, in this section referred to as the “individual’s original cost”, that would be the cost of the property to the individual immediately before its disposition if this Act were read without reference to section 75.5 exceeds the individual’s proceeds of disposition of the property, the following rules apply:

(a)  the capital cost to the partnership of the property is deemed to be equal to the individual’s original cost; and

(b)  the amount by which the individual’s original cost exceeds the individual’s proceeds of disposition of the property is deemed to have been allowed to the partnership as depreciation in respect of the property for taxation years that end before the time of disposition.

2004, c. 8, s. 129; 2007, c. 12, s. 68.

CHAPTER IV DISPOSITION OF PROPERTY

1972, c. 23.

DIVISION I GENERALITIES

1972, c. 23.

618. For the purposes of this Part, where, but for this section, at any time after 31 December 1971 a partnership would be dissolved, the following rules apply:

(a)  until such time as all the partnership property and any property substituted therefor has been distributed to the persons entitled by law to receive it, the partnership is deemed to continue to exist, and each person who was a member of the partnership is deemed to still be a member of the partnership;

(b)  the right of each such person to share in that property is deemed to be an interest in the partnership; and

(c)  notwithstanding section 261, where at the end of a fiscal period of the partnership, in respect of an interest in the partnership, the aggregate of all amounts required by section 257, to be deducted in computing the adjusted cost base to a taxpayer of the interest at that time exceeds the aggregate of the cost to the taxpayer of the interest determined for the purpose of computing the adjusted cost base to the taxpayer of that interest at that time and all amounts required by section 255 to be added to the cost to the taxpayer of the interest in computing the adjusted cost base to the taxpayer of that interest at that time, the amount of the excess is deemed to be a gain of the taxpayer for the taxpayer’s taxation year that includes that time from a disposition at that time of that interest and, for the purposes of Title VI.5.1 of Book IV, that interest is deemed to have been disposed of by the taxpayer at that time.

1972, c. 23, s. 464; 1977, c. 26, s. 66; 1996, c. 39, s. 168; 1997, c. 3, s. 71.

619. Subject to sections 529 to 533 and 620 to 631, a partnership disposing, at a particular time after 1971, of property to a taxpayer who is, immediately before such time, one of its members, is deemed to have received therefrom proceeds equal to its fair market value at that time and the taxpayer is deemed to have acquired the property at that same value.

1972, c. 23, s. 465; 1975, c. 22, s. 171; 1997, c. 3, s. 71.

DIVISION II DISSOLUTION OF THE PARTNERSHIP

1972, c. 23; 1997, c. 3, s. 71.

620. The rules provided in this division apply where, at a particular time after 1971, a Canadian partnership is dissolved and its property is distributed to persons who were members thereof immediately before that time.

However, the rules referred to in the first paragraph apply only if each of those persons has in each such property, immediately after that time, an undivided interest equal, when expressed as a percentage, to the person’s undivided interest, when so expressed, in each other property of the partnership, if all those persons make a valid election for the purposes of subsection 3 of section 98 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the property and if sections 530 to 533 and 626 to 631 do not apply.

The percentage of the undivided interest of each member of the partnership shall be referred to, in this division, as his share.

1972, c. 23, s. 466; 1975, c. 22, s. 172; 1984, c. 35, s. 16; 1997, c. 3, s. 71; 1997, c. 85, s. 100.

620.1. Where the rules provided for in this division apply in respect of the dissolution of a partnership, the prescribed form must be sent to the Minister.

In addition, where the form is not sent to the Minister on or before the date that is the earliest of the filing-due dates for the persons referred to in section 620 in respect of the dissolution, for the taxation year in which the dissolution occurred, those persons incur a penalty equal to the lesser of

(a)  0.25%, for each month or part of a month during the period from the earliest date of those filing-due dates until the day on which the form is sent to the Minister, of the amount by which the aggregate of the amounts of money and the fair market value of partnership property received by those persons as consideration for the disposition of their interests in the partnership at the time the partnership is dissolved, exceeds the aggregate of the proceeds of disposition determined in respect of each of those persons under section 621; and

(b)  the lesser of $5,000 and the product obtained by multiplying $100 by the number of months each of which is a month all or part of which is during the period referred to in subparagraph a.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to give effect to the rules provided for in this division in respect of the dissolution of partnerships.

1997, c. 85, s. 101; 2000, c. 39, s. 37.

621. Each person contemplated in section 620 is deemed to receive, as proceeds of disposition of his interest in the partnership, an amount equal to the greater of:

(a)  the adjusted cost base of his interest in the partnership, immediately before the particular time; and

(b)  the amount of any money received by him on the dissolution of the partnership and of his share of the cost amount, to the partnership, of each of its properties, immediately before their distribution.

1972, c. 23, s. 467; 1997, c. 3, s. 71.

622. The cost to each person contemplated in section 620 of undivided interest in each property of the partnership is deemed to be equal to that person’s share of the cost amount to the partnership of the property immediately before its distribution, plus, where the property is incorporeal capital property, a particular amount that is that person’s share of 4/3 of the amount determined under subparagraph a of the second paragraph of section 107 in respect of the partnership’s business immediately before the particular time and, where the amount determined under paragraph a of section 621 in respect of that person exceeds the aggregate determined under paragraph b of that section 621 in respect of that person, the following amount:

(a)  in the case of a non-depreciable capital property of the partnership, the portion of such excess designated by that person;

(b)  (paragraph repealed).

1972, c. 23, s. 468; 1988, c. 18, s. 51; 1994, c. 22, s. 214; 1997, c. 3, s. 71; 2003, c. 2, s. 140; 2005, c. 1, s. 123.

623. The amount designated under paragraph a of section 622 by a person contemplated in section 620 shall not exceed the excess of his share of the fair market value of the property concerned, immediately after its distribution, over his share of the cost amount of that property, to the partnership, immediately before its distribution.

Likewise, the aggregate of such designated amounts shall not exceed, in the case of non-depreciable capital property, the excess contemplated in section 622.

1972, c. 23, s. 469; 1988, c. 18, s. 52; 1997, c. 3, s. 71.

624. For the purposes of sections 93 to 104, 130 and 130.1 and of the regulations made under paragraph a of section 130, where depreciable property of a prescribed class is distributed and the share of a person contemplated in section 620, in the capital cost of that property, to the partnership, exceeds the cost, to such person, of his undivided interest in that property, as determined under section 622,

(a)  the capital cost to that person of his undivided interest in the property is deemed to be equal to his former share of the capital cost of such property to the partnership; and

(b)  the excess is deemed to have been allowed to that person as depreciation for the taxation years before the acquisition by him of this undivided interest.

1972, c. 23, s. 470; 1979, c. 18, s. 51; 1997, c. 3, s. 71.

624.1. Where incorporeal capital property in respect of a business is distributed by the partnership contemplated in section 620 to persons who were members thereof immediately before its dissolution, the following rules apply:

(a)  for the purpose of determining, under this Part, any amount relating to an eligible incorporeal capital amount, an incorporeal capital amount or to incorporeal capital property, each such person is deemed to have continued to carry on the business, in respect of which the property was incorporeal capital property and that was previously carried on by the partnership, until the time that the person disposes of the person’s undivided interest in the property;

(b)  for the purpose of determining the person’s eligible incorporeal capital amount in respect of the business, an amount equal to 3/4 of the particular amount determined under section 622 in respect of the business shall be added to the amount otherwise determined in respect thereof under subparagraph i of subparagraph a of the second paragraph of section 107; and

(c)  for the purpose of determining after the particular time the amount required by paragraph b of section 105 to be included in computing the person’s income in respect of any subsequent disposition of the property of the business, the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 is deemed to be equal to that person’s share of the amount determined under that subparagraph ii in respect of the partnership’s business immediately before the particular time.

1994, c. 22, s. 215; 1996, c. 39, s. 169; 1997, c. 3, s. 71; 2003, c. 2, s. 141; 2005, c. 1, s. 124.

625. The partnership contemplated in section 620 is deemed to dispose of each of its properties for proceeds equal to the cost amount of the property, to such partnership, immediately before its distribution.

1972, c. 23, s. 471; 1997, c. 3, s. 71.

DIVISION III BUSINESS CARRIED ON AS SOLE PROPRIETORSHIP

1972, c. 23.

626. (1)  The rules provided in this division apply where, at a particular time after 1971, a Canadian partnership is dissolved and, within three months after that time, one only of the persons who were members of the partnership immediately before such time carries on itself the business formerly carried on by the partnership.

(2)  However, the rules contemplated in subsection 1 do not apply unless such person, whether an individual, a trust or a corporation, uses, in the business, any property that was partnership property immediately before that time and that was received by him as proceeds of disposition of his interest in the partnership.

1972, c. 23, s. 472; 1975, c. 22, s. 173; 1997, c. 3, s. 71.

627. The person contemplated in section 626 is deemed to receive, as consideration for the disposition of his interest in the partnership, an amount equal to the greater of:

(a)  the aggregate of the adjusted cost base of his interest in the partnership immediately before the particular time, and the adjusted cost base to him of each other interest in the partnership deemed under section 632 to have been acquired by him at the particular time; and

(b)  the aggregate of the cost amount, to the partnership, immediately before the particular time, of each property so received by that person and of the amount of any other proceeds from the disposition of his interest in the partnership.

1972, c. 23, s. 473; 1975, c. 22, s. 174; 1993, c. 16, s. 240; 1997, c. 3, s. 71.

628. The cost to the person contemplated in section 626 of property so received is deemed to be equal to the cost amount to the partnership of the property immediately before the particular time, plus, where the property is incorporeal capital property, an amount that is 4/3 of the amount determined under subparagraph a of the second paragraph of section 107 in respect of the partnership’s business immediately before the particular time, and where the aggregate determined under paragraph a of section 627 exceeds the aggregate determined under paragraph b of section 627, the following amount:

(a)  in the case of a non-depreciable capital property of such person, the portion of that excess designated by him;

(b)  (paragraph repealed).

1972, c. 23, s. 474; 1975, c. 22, s. 175; 1988, c. 18, s. 53; 1994, c. 22, s. 216; 1997, c. 3, s. 71; 2003, c. 2, s. 142; 2005, c. 1, s. 125.

629. The amount designated under paragraph a of section 628 shall not exceed the excess of the fair market value of the property concerned, immediately after the particular time, over its cost amount to the partnership immediately before that time.

Likewise, the aggregate of such designated amounts shall not exceed, in the case of non-depreciable capital property, the excess contemplated in section 628.

1972, c. 23, s. 475; 1973, c. 17, s. 69; 1988, c. 18, s. 54; 1997, c. 3, s. 71.

630. For the purposes of sections 93 to 104, 130 and 130.1 and of the regulations made under paragraph a of section 130, where property received by a person contemplated in section 626 is depreciable property of a prescribed class and where its capital cost to the partnership exceeds its capital cost, to such person, as determined under section 628,

(a)  the capital cost to him of the property is deemed to be the capital cost of the property to the partnership; and

(b)  the excess is deemed to have been allowed to that person as depreciation for the taxation years before its acquisition by him.

1972, c. 23, s. 476; 1979, c. 18, s. 52; 1997, c. 3, s. 71.

630.1. Where incorporeal capital property in respect of a business is so received by the person contemplated in section 626, the following rules apply:

(a)  for the purpose of determining the person’s eligible incorporeal capital amount in respect of the business, an amount equal to 3/4 of the particular amount determined under section 628 in respect of the business shall be added to the amount otherwise determined in respect thereof under subparagraph i of subparagraph a of the second paragraph of section 107; and

(b)  for the purpose of determining after the particular time the amount required by paragraph b of section 105 to be included in computing the person’s income in respect of any subsequent disposition of the property of the business, the amount determined under subparagraph ii of subparagraph a of the second paragraph of section 107 is deemed to be equal to the amount determined under that subparagraph ii in respect of the partnership’s business immediately before the particular time.

1994, c. 22, s. 217; 1996, c. 39, s. 170; 1997, c. 3, s. 71; 2003, c. 2, s. 143; 2005, c. 1, s. 126.

631. The partnership contemplated in section 626 is deemed to have disposed of each of the properties referred to therein for proceeds equal to the cost amount of the property, to such partnership, immediately before the particular time.

1972, c. 23, s. 477; 1982, c. 5, s. 134; 1997, c. 3, s. 71.

632. Where, at the particular time referred to in section 626, all other persons who were members of the partnership immediately before that time dispose of their interests in the partnership to the person referred to in the said section, such person is deemed to acquire at that time partnership interests from those other persons and not partnership property.

1975, c. 22, s. 176; 1997, c. 3, s. 71.

DIVISION IV BUSINESS CONTINUED BY A NEW PARTNERSHIP

1972, c. 23; 1997, c. 3, s. 71.

633. Where a Canadian partnership is dissolved at a particular time after 1971 and, at or before that time, all of its property has been transferred to another Canadian partnership all the members of which were members of the dissolved partnership, such new partnership is deemed to be a continuation of the dissolved partnership and any member’s interest in the new partnership is deemed to be a continuation of his interest in the dissolved partnership.

1972, c. 23, s. 478; 1997, c. 3, s. 71.

DIVISION V DISPOSITION OF FARMING LAND

1972, c. 23.

634. Any taxpayer who was a member of a partnership at the end of a taxation year of the partnership in which it disposed of land used in a farming business may deduct, in computing his income for his taxation year in which the taxation year of the partnership ended, subject to section 635.1, 1/2 of the aggregate of amounts each of which is an amount equal to the taxpayer’s loss from the farming business for such taxation year or any preceding taxation year ending after 31 December 1971.

1972, c. 23, s. 479; 1990, c. 59, s. 215; 1997, c. 3, s. 71; 2003, c. 2, s. 144.

635. The taxpayer shall not make the deduction provided for in section 634 except to the extent that such loss:

(a)  is not deductible in computing his income for the year under sections 205 to 207;

(b)  was not deducted in computing his taxable income for his taxation year in which the partnership’s taxation year in which the land was disposed of ended or for any previous taxation year;

(c)  does not exceed his share of the aggregate of the following amounts, to the extent that those amounts are included in computing the loss of the partnership from the farming business for its taxation year ending in the year:

(1)  taxes, other than income or profits taxes or taxes imposed by reference to the transfer of the property, paid by the partnership in its taxation year ending in the year or payable by it in respect of that taxation year to a province or a Canadian municipality in respect of the property, and

(2)  interest paid by the partnership in its taxation year ending in the year or payable by it in respect of that taxation year, pursuant to a legal obligation to pay interest on borrowed money used to acquire the property or on any amount as consideration payable for the property; and

(d)  does not exceed the amount obtained by subtracting from, subject to section 635.1, twice the taxpayer’s taxable capital gain from the disposition of the land contemplated in section 634 the aggregate of his losses from the farming business for taxation years preceding the year which must be included in computing the amount deductible under this division in respect of the taxpayer.

1972, c. 23, s. 480; 1985, c. 25, s. 105; 1990, c. 59, s. 216; 1995, c. 49, s. 150; 1997, c. 3, s. 71; 2003, c. 2, s. 145.

635.1. Where the taxation year of the taxpayer includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the reference to the fraction “1/2” in section 634 shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year; and

(b)  the reference to the word “twice” in paragraph d of section 635 shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year.

2003, c. 2, s. 146.

CHAPTER V DISPOSITION OF AN INTEREST IN A PARTNERSHIP

1972, c. 23; 1997, c. 3, s. 71.

636. The rules provided for in paragraphs a to c of section 645 apply where, by virtue of the death of an individual, a taxpayer acquires a property that was an interest in a partnership immediately before the individual’s death, other than an interest to which section 639 to 644 applied, and the taxpayer is not a member of the partnership and does not become a member of such partnership by reason of such acquisition.

1977, c. 26, s. 67; 1997, c. 3, s. 71.

637. Notwithstanding section 231, a taxpayer’s taxable capital gain from the disposition of an interest in a partnership to any person exempt from tax under sections 980 to 999.1 is deemed to be equal to the total of

(a)  subject to the second paragraph, 1/2 of the portion of the taxpayer’s capital gain for the year therefrom that can reasonably be attributed to the increase in the value of any capital property of the partnership other than depreciable property; and

(b)  the whole of the remaining portion of such capital gain.

However, where the taxation year of the taxpayer includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the reference to the fraction “1/2” in subparagraph a of the first paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the taxpayer for the year.

1972, c. 23, s. 481; 1984, c. 15, s. 134; 1990, c. 59, s. 217; 1997, c. 3, s. 71; 2003, c. 2, s. 147.

638. A taxpayer shall include, in computing his gain from the disposition of an interest in a partnership, for a taxation year, in addition to the amount determined under section 234, the excess of the amounts to be deducted in computing the adjusted cost base of his interest in the partnership, immediately before the disposition, under section 257, over the aggregate of the cost of his interest in the partnership, determined for the purposes of computing the adjusted cost base of that interest at that time, and the amounts required by section 255 to be added to that cost in such computation at that time.

1972, c. 23, s. 482; 1973, c. 17, s. 70; 1975, c. 22, s. 177; 1997, c. 3, s. 71.

638.0.1. Where, as a result of an amalgamation or merger, an interest in a partnership owned by a predecessor corporation has become property of the new corporation formed as a result of the amalgamation or merger and the predecessor corporation was not related to the new corporation, the predecessor corporation is deemed to have disposed of the interest in the partnership to the new corporation immediately before the amalgamation or merger for proceeds of disposition equal to the adjusted cost base to the predecessor corporation of the interest in the partnership at the time of the disposition and the new corporation is deemed to have acquired the interest in the partnership from the predecessor corporation immediately after that time at a cost equal to the proceeds of disposition.

1989, c. 77, s. 69; 1997, c. 3, s. 71.

638.1. Notwithstanding the second paragraph of section 231, the capital loss of a taxpayer from the disposition at any time of an interest in a partnership is deemed to be equal to the amount of the loss otherwise determined minus the aggregate of all amounts each of which is an amount by which the taxpayer’s share of the partnership’s loss, in respect of a share of the capital stock of a corporation that is property of a particular partnership at that time, would be reduced under section 741.2 if the fiscal period of every partnership that includes that time had ended immediately before that time and the particular partnership had disposed of the share immediately before the end of that fiscal period for proceeds equal to its fair market value at that time.

1984, c. 15, s. 135; 1997, c. 3, s. 71; 2001, c. 7, s. 66.

638.2. A taxpayer who pays an amount at any time in a taxation year is deemed to have a capital loss from a disposition of property for the year if

(a)  the taxpayer disposed of an interest in a partnership before that time or, because of section 636, acquired before that time a right to receive property of a partnership;

(b)  that time is after the disposition or acquisition;

(c)  the amount would have been described in subparagraph i of paragraph i of section 255 had the taxpayer been a member of the partnership at that time; and

(d)  the amount is paid pursuant to a legal obligation of the taxpayer to pay the amount.

2009, c. 5, s. 196.

CHAPTER VI RESIDUAL INTEREST IN A PARTNERSHIP

1975, c. 22, s. 178; 1997, c. 3, s. 71.

639. This chapter applies to a taxpayer who would otherwise have ceased at any time after 1971 to be a member of a partnership.

1975, c. 22, s. 178; 1997, c. 3, s. 71.

640. Subject to sections 428 to 451, Title VI.5 of Book IV and Chapter I of Title I.1 of Book VI, and notwithstanding any other provision of this Part, the taxpayer referred to in section 639 is deemed not to have disposed of and to continue to have an interest in the partnership, in this chapter referred to as a “residual interest”, until such time as all his rights to receive any property as consideration for his interest in the partnership immediately before the time that he ceased to be a member of the partnership are satisfied in full.

For the purposes of this section, a right to receive any property does not include a right to a share of the income or loss of a partnership under a agreement referred to in section 608.

1975, c. 22, s. 178; 1980, c. 13, s. 61; 1995, c. 49, s. 151; 1997, c. 3, s. 71; 2001, c. 7, s. 67; 2004, c. 8, s. 130.

641. Notwithstanding section 640, a taxpayer is deemed not to have disposed of his residual interest before the end of the fiscal year of the partnership in which he ceased to be a member thereof even if all of his rights described in the said section have been satisfied in full before the end of that year.

1975, c. 22, s. 178; 1997, c. 3, s. 71.

642. Paragraph c of section 618 applies to the residual interest of a taxpayer at the end of a fiscal period of the partnership.

1975, c. 22, s. 178; 1996, c. 39, s. 171; 1997, c. 3, s. 71.

643. A taxpayer who holds a residual interest is deemed not to be a member of the partnership:

(a)  except for the purposes of sections 714 and 752.0.10.11, if he holds such interest by virtue of section 641; or

(b)  except for the purposes of sections 530 to 533, if he holds such interest otherwise than as provided in paragraph a.

1975, c. 22, s. 178; 1993, c. 64, s. 39; 1997, c. 3, s. 71.

644. Where a partnership has been dissolved, or would have been dissolved but for section 618, at a time when a taxpayer had rights referred to in section 640 in respect of that partnership and the members of another partnership agree to satisfy all or part of those rights, such other partnership is, for the purposes of section 640, deemed to be a continuation of the original partnership.

1975, c. 22, s. 178; 1997, c. 3, s. 71.

645. Where by virtue of the death of an individual a taxpayer acquires a property that is an interest in a partnership to which, immediately before the individual’s death, sections 639 to 644 applied:

(a)  the taxpayer is deemed to acquire a right to receive partnership property and not to acquire an interest in the partnership;

(b)  the taxpayer is deemed to acquire the right referred to in paragraph a at a cost equal to the amount deemed to be the proceeds of the disposition of the interest in the partnership to the deceased individual under section 436 or subparagraph a of the first paragraph of section 440; and

(c)  section 254 does not apply to such right.

1975, c. 22, s. 178; 1994, c. 22, s. 218; 1997, c. 3, s. 71.

TITLE XII TRUSTS AND THEIR BENEFICIARIES

1972, c. 23.

CHAPTER I GENERALITIES

1972, c. 23.

646. In this Part, unless the context indicates a different meaning and subject to the third paragraph, a trust, wherever it is created, or a succession, in this Title referred to as a “trust”, also includes the trustee or other legal representative having ownership or control of the trust property.

Likewise, a beneficiary shall include every person having a beneficial interest in a trust.

However, except for the purposes of this section, subparagraph v of subparagraph b of the first paragraph of section 248, subparagraph g of the second paragraph of that section and section 646.1, an arrangement under which a trust can reasonably be considered to act as agent or mandatary for all of the beneficiaries under the trust in respect of all of the dealings with all of the trust’s property, is deemed not to be a trust, unless the trust is described in any of paragraphs a to d of the third paragraph of section 647.

1972, c. 23, s. 483; 1988, c. 18, s. 55; 1994, c. 22, s. 219; 1996, c. 39, s. 273; 1998, c. 16, s. 176; 2000, c. 5, s. 138; 2003, c. 2, s. 148.

646.1. Notwithstanding section 7.11.1 and for the purposes of subparagraph ii of paragraph b of section 454.2, section 646, subparagraph a.4 of the first paragraph of section 653 and paragraph e of section 692.5, a person or partnership is deemed not to be a beneficiary under a trust at a particular time where the person or partnership is beneficially interested in the trust at that time solely because of

(a)  a right that may arise as a consequence of the terms of the will of an individual who, at that time, is a beneficiary under the trust;

(b)  a right that may arise as a consequence of the law governing the intestacy of an individual who, at that time, is a beneficiary under the trust;

(c)  a right as a shareholder under the terms of the shares of the capital stock of a corporation that, at that time, is a beneficiary under the trust;

(d)  a right as a member of a partnership under the terms of the partnership agreement, where, at that time, the partnership is a beneficiary under the trust; or

(e)  any combination of rights described in paragraphs a to d.

2003, c. 2, s. 149; 2009, c. 5, s. 197.

647. A trust is, for the purposes of this Part and as regards its property, deemed to be an individual, without affecting the liability of the trustee or legal representative for their own income tax.

However, where there are several trusts most of the property of which has been received from one person and the income of which, according to the terms governing such trusts, will ultimately accrue to the same beneficiary or same group or class of beneficiaries, the trustees whom the Minister designates are deemed to be one individual.

For the purposes of sections 653 to 656.2, 659 and 660 and paragraph b of section 657 at any time, a trust does not include a unit trust or a particular trust described in the fourth paragraph and, for the purposes of sections 653 to 656.2, 659, 660, 661, 662, 663.1, 663.2, 665, 665.1, 684 to 688.2, 690.0.1 and 691 to 692.0.1 and paragraph b of section 657, a trust does not include any of the following trusts:

(a)  an amateur athlete trust, an employee trust, a trust described in paragraph c.4 of section 998 or a trust governed by a foreign retirement arrangement, a registered pension plan, a profit sharing plan, a registered supplementary unemployment benefit plan, a registered retirement savings plan, a deferred profit sharing plan, a registered education savings plan, a registered disability savings plan, an employee benefit plan, a registered retirement income fund or a tax-free savings account;

(a.1)  a trust, other than a trust described in paragraph a or d, all or substantially all of the property of which is held for the purpose of providing benefits to individuals each of whom is provided with benefits in respect of, or because of, an office or employment or former office or employment of any individual;

(b)  a segregated fund trust referred to in section 851.2, a trust referred to in section 851.25 or an RCA trust within the meaning of subparagraph c of the first paragraph of section 890.1;

(c)  a trust each of the beneficiaries under which was at all times after it was created a trust referred to in subparagraph a or b, other than a trust referred to in section 851.25, or a person who is a beneficiary of the trust only because of being a beneficiary under a trust referred to in either of those subparagraphs, other than a trust referred to in section 851.25;

(d)  a cemetery care trust or a trust governed by an eligible funeral arrangement.

The particular trust referred to in the third paragraph is a trust all interests in which have vested indefeasibly at the time referred to in that paragraph, and that is not

(a)  an alter ego trust, a joint spousal trust, a post-1971 spousal trust or a trust to which subparagraph a.4 of the first paragraph of section 653 applies;

(b)  a trust that has elected under section 656.4;

(c)  a trust that, in its fiscal return under this Part for its first taxation year ending after 31 December 1992, has elected that this paragraph not apply;

(d)  a trust that is at that time resident in Canada where the total fair market value at that time of all interests in the trust held at that time by beneficiaries under the trust who at that time are not resident in Canada exceeds 20% of the total fair market value at that time of all interests in the trust held at that time by beneficiaries under the trust;

(e)  a trust under the terms of which, at that time, all or part of a person’s interest in the trust is to be terminated with reference to a period of time, including a period of time determined with reference to the person’s death, otherwise than as a consequence of terms of the trust under which an interest in the trust is to be terminated as a consequence of a distribution to the person, or the person’s succession, of trust property if the fair market value of the property to be distributed is required to be proportional to the fair market value of that interest immediately before the distribution; or

(f)  a trust that, before that time and after 17 December 1999, has made a distribution to a beneficiary in respect of the beneficiary’s capital interest in the trust, if the distribution can reasonably be considered to have been financed by a liability of the trust and one of the reasons for incurring the liability was to avoid taxes otherwise payable under this Part as a consequence of the death of an individual.

1972, c. 23, s. 484; 1975, c. 22, s. 179; 1978, c. 26, s. 109; 1979, c. 18, s. 53; 1982, c. 5, s. 135; 1989, c. 77, s. 70; 1990, c. 59, s. 218; 1991, c. 25, s. 81; 1993, c. 16, s. 241; 1994, c. 22, s. 220; 1996, c. 39, s. 172; 1997, c. 14, s. 94; 2000, c. 5, s. 139; 2003, c. 2, s. 150; 2005, c. 23, s. 53; 2009, c. 5, s. 198; 2009, c. 15, s. 95.

648. (Repealed).

1972, c. 23, s. 485; 1975, c. 22, s. 180; 1986, c. 15, s. 92; 1989, c. 5, s. 76.

649. For the purposes of this Part, a trust is a unit trust if, at a particular time, it is an inter vivos trust in which the interest of each beneficiary is described by reference to units of the trust, and

(a)  the issued units of the trust representing a value of not less than 95% of the fair market value of all the issued units, determined without regard to any voting rights which may be attached to such units, are

i.  units which provide that the trust must accept, at the demand of the holder of such units and at prices determined and payable in accordance with the conditions attached to such units, the surrender, in whole or in part, of the fully paid units, and

ii.  units qualified in accordance with prescribed conditions relating to their redemption by the trust;

(b)  it meets the following conditions:

i.  throughout the taxation year in which the particular time occurs, in this paragraph referred to as the “current year”, the trust was resident in Canada,

ii.  throughout the period or periods, in this paragraph referred to as the “relevant periods”, that are in the current year and throughout which the conditions under paragraph a are not satisfied in respect of the trust, its only undertaking is

(1)  the investing of its funds in property, other than immovable property or an interest in immovable property,

(2)  the acquiring, holding, maintaining, improving, leasing or managing of any immovable property, or interest in immovable property, that is capital property of the trust, or

(3)  any combination of the activities described in subparagraphs 1 and 2,

iii.  throughout the relevant periods at least 80% of its property consists of any combination of

(1)  shares,

(2)  any property that, under the terms or conditions of which or under an agreement, is convertible into, is exchangeable for or confers a right to acquire, shares,

(3)  cash,

(4)  bonds, hypothecary claims, mortgages, debentures, notes and other similar obligations,

(5)  marketable securities,

(6)  immovable property situated in Canada and interests in such property, and

(7)  rights to and interests in any rental or royalty computed by reference to the volume or value of production from a natural accumulation of petroleum or natural gas in Canada, from an oil or gas well in Canada or from a mineral resource in Canada,

iv.  one of the following conditions is met:

(1)  not less than 95% of its income for the current year, determined without reference to section 295.1 and paragraph a of section 657, is derived from, or from the disposition of, investments described in subparagraph iii, or

(2)  not less than 95% of its income for each of the relevant periods, determined without reference to section 295.1 and paragraph a of section 657 and as though each of those periods were a taxation year, is derived from, or from the disposition of, investments described in subparagraph iii,

v.  throughout the relevant periods, not more than 10% of its property consists of bonds, securities or shares of capital stock of any one corporation or debtor other than the Government of Québec, the Government of Canada, the government of another province or a Canadian municipality, and

v.1.  where the trust would not be a unit trust at the particular time if this paragraph were read without reference to this subparagraph and subparagraph iii were read without reference to subparagraph 6, the units of the trust are listed at any time in the current year or in the following taxation year on a designated stock exchange located in Canada; or

vi.  (subparagraph repealed);

(c)  (paragraph repealed);

(d)  the following conditions are met:

i.  the fair market value of the property of the trust at the end of the year 1993 was primarily attributable to immovable property, or an interest in immovable property,

ii.  the trust was a unit trust throughout any calendar year before the year 1994, and

iii.  the fair market value of the property of the trust at the particular time is primarily attributable to property described in paragraph a or b of the definition of “qualified investment” in section 204 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), immovable property, or an interest in immovable property, or any combination of those properties.

1972, c. 23, s. 486; 1973, c. 17, s. 71; 1987, c. 67, s. 128; 1993, c. 16, s. 242; 1996, c. 39, s. 173; 1997, c. 3, s. 71; 2000, c. 5, s. 140; 2001, c. 7, s. 68; 2003, c. 2, s. 151; 2005, c. 1, s. 127; 2010, c. 5, s. 53.

649.1. “Personal trust” means a trust (other than a trust that is, or was at any time after 31 December 1999, a unit trust) that is

(a)  a testamentary trust; or

(b)  an inter vivos trust no beneficial interest in which was acquired for consideration payable directly or indirectly to the trust or to any person or partnership that has made a contribution to the trust by way of transfer, assignment or other disposition of property.

1990, c. 59, s. 219; 1994, c. 22, s. 221; 1996, c. 39, s. 273; 2003, c. 2, s. 152; 2010, c. 25, s. 49.

650. For the purposes of the second paragraph of section 21.43 and the definition of “income interest” in section 683, the income of a trust is computed without reference to the provisions of this Part and, for the purposes of the second paragraph of sections 440 to 441.2, paragraph c of section 454.1, the definition of “pre-1972 spousal trust” in section 652.1 and subparagraph a of the first paragraph of section 653, the income of a trust is equal to its income computed without reference to the provisions of this Part minus any dividend included therein that is not included by reason of sections 501 to 503 in computing the income of the trust for the purposes of the other provisions of this Part, or that is referred to in section 1106 or 1116.

1972, c. 23, s. 487; 1973, c. 17, s. 72; 1975, c. 22, s. 181; 1982, c. 5, s. 136; 1984, c. 15, s. 136; 1990, c. 59, s. 220; 1994, c. 22, s. 222; 2003, c. 2, s. 153; 2004, c. 21, s. 85; 2009, c. 15, s. 96.

651. For the purposes of the second paragraph of sections 440 to 441.2, paragraph c of section 454.1, the definition of “pre-1972 spousal trust” in section 652.1 and subparagraph a of the first paragraph of section 653, where a trust has been created by an individual, no person is deemed to have received or otherwise obtained or to be entitled to receive or otherwise obtain enjoyment of any income or capital of the trust solely because of the payment, or provision for payment, by the trust of any duty by reason of the individual’s death or the death of the individual’s spouse who is a beneficiary under the trust, in respect of any property of, or interest in, the trust or any tax in respect of any income of the trust.

1973, c. 17, s. 73; 1990, c. 59, s. 220; 1994, c. 22, s. 222; 2003, c. 2, s. 153; 2004, c. 21, s. 86.

651.1. Except as otherwise provided in this Part and without restricting the application of sections 316.1, 456 to 458, 462.1 to 462.24, 466 to 467.1, 766.5 to 766.7 and 1034.0.0.2, an amount included under any of sections 659 and 661 to 663 in computing the income for a taxation year of a beneficiary of a trust is deemed to be income of the beneficiary for the year from a property that is an interest in the trust and not from any other source, and an amount deductible in computing the amount that would, but for paragraphs a and b of section 657, be the income of a trust for a taxation year shall not be deducted by a beneficiary of the trust in computing the beneficiary’s income for a taxation year.

1984, c. 15, s. 137; 1987, c. 67, s. 129; 1990, c. 59, s. 220; 2001, c. 53, s. 89.

651.2. Where at a particular time the terms that govern a trust are varied, the following rules apply:

(a)  subject to the second paragraph, for the purposes of sections 653 to 656.2, the trust is, at and after that time, deemed to be the same trust as, and a continuation of, the trust immediately before that time;

(b)  for the purposes of the definition of “personal trust” in section 1, paragraph n of section 257, section 686 and the definition of “excluded right or interest” in section 785.0.1, no interest of a beneficiary under the trust before its terms were varied is considered to be consideration for the interest of the beneficiary in that trust whose terms were varied.

Subparagraph a of the first paragraph does not affect the application of subparagraph a.1 of the first paragraph of section 653.

2003, c. 2, s. 154; 2004, c. 8, s. 131.

651.3. For the purposes of the definition of “personal trust” in section 1, paragraph n of section 257, section 686 and the definition of “excluded right or interest” in section 785.0.1, the following rules apply:

(a)  an interest in a trust is deemed not to be acquired for consideration solely because it was acquired in satisfaction of any right as a beneficiary under the trust to enforce payment of an amount by the trust; and

(b)  where all the beneficial interests in an inter vivos trust acquired by way of the transfer, assignment or other disposition of property to that trust were acquired by any of the persons described in the second paragraph, any beneficial interest in that trust acquired by such a person is deemed to be acquired for no consideration.

The person to which subparagraph b of the first paragraph refers is

(a)  one person; or

(b)  two or more persons who would be related to each other if

i.  a trust and another person were related to each other, where the other person is a beneficiary under the trust or is related to a beneficiary under the trust, and

ii.  a trust and another trust were related to each other, where a beneficiary under the trust is a beneficiary under the other trust or is related to a beneficiary under the other trust.

2003, c. 2, s. 154; 2004, c. 8, s. 132.

652. For the purposes of subparagraph i.1 of paragraph n of section 257, paragraph a of section 657 and sections 663, 663.4 and 667, an amount is deemed not to have become payable to a beneficiary in a taxation year unless it was paid to him in the year or the beneficiary was entitled to demand payment of it in that year.

1972, c. 23, s. 488; 1975, c. 22, s. 182; 1990, c. 59, s. 220; 2009, c. 5, s. 199.

CHAPTER II DEEMED DISPOSITION AND PAYMENT

1972, c. 23; 1994, c. 22, s. 223.

652.1. In this Title,

“alter ego trust” means a trust to which subparagraph a of the first paragraph of section 653 would apply if that subparagraph were read without reference to subparagraph i and subparagraph 2 of subparagraph ii;

“excluded property” means a share of the capital stock of an investment corporation owned by persons not resident in Canada that is not taxable Canadian property;

“exempt property” of a taxpayer at any time means property any income or gain from the disposition of which by the taxpayer at that time would not cause an increase in the taxpayer’s tax payable under this Part because the taxpayer is not resident in Canada or because of a provision contained in a tax agreement;

“joint spousal trust” means a trust to which subparagraph a of the first paragraph of section 653 would apply if that subparagraph were read without reference to subparagraph i and subparagraph 1 of subparagraph ii;

“post-1971 spousal trust” means a trust that would be described in subparagraph a of the first paragraph of section 653 if that subparagraph were read without reference to subparagraph ii;

“pre-1972 spousal trust” at a particular time means a trust that was created by the will of an individual who died before 1 January 1972, or created before 18 June 1971 by an individual during the individual’s lifetime, that, throughout the period beginning at the time it was created and ending at the earliest of 1 January 1993, the day on which the individual’s spouse died and the particular time, was a trust under which the individual’s spouse was entitled to receive all of the income of the trust that arose before the spouse’s death, but does not include a trust under which a person other than the individual’s spouse received or otherwise obtained enjoyment of any of the income or capital of the trust before the end of that period.

1994, c. 22, s. 224; 1997, c. 3, s. 71; 2000, c. 5, s. 141; 2003, c. 2, s. 155.

652.2. (Repealed).

1994, c. 22, s. 224; 1997, c. 14, s. 95; 2003, c. 2, s. 156.

653. A trust is, at the end of each of the following days, deemed to dispose of each property of the trust, other than exempt property, that is capital property, other than excluded property, and to reacquire the property immediately after that day or land included in the inventory of a business of the trust:

(a)  the day on which

i.  the spouse of the individual who created the trust died if the terms of the deed creating it entitled the spouse to receive all of the income of the trust that arose before the spouse’s death and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust, or

ii.  the individual died or, if it is later, the day on which the individual’s spouse died, if the trust is a trust described in subparagraph ii of subparagraph d of the second paragraph and the terms of the deed creating it

(1)  entitled the individual to receive all of the income of the trust that arose before the individual’s death and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust, or

(2)  entitled the individual and the individual’s spouse to receive all of the income of the trust that arose before their deaths and to receive or otherwise obtain, to the exclusion of any other person, enjoyment of the income or capital of the trust;

(a.1)  where the trust is a pre-1972 spousal trust on 1 January 1993 and the spouse referred to in the definition of “pre-1972 spousal trust” in section 652.1 in respect of the trust was, in the case of a trust created by the will of an individual, alive on 1 January 1976, and, in the case of a trust created by an individual during the individual’s lifetime, alive on 26 May 1976, the day that is the later of 1 January 1993 and the day on which that spouse dies;

(a.2)  where the trust distributes an amount in respect of a beneficiary as the beneficiary’s capital interest in the trust, it can reasonably be considered that the distribution was financed by a liability of the trust and one of the reasons for incurring the liability was to avoid taxes otherwise payable under this Part as a consequence of the death of an individual, the day on which the distribution is made, determined as if a day ends for the trust immediately after the time at which each distribution is made by the trust to a beneficiary in respect of the beneficiary’s capital interest in the trust;

(a.3)  where property, other than property described in the fourth paragraph, has been transferred by an individual after 17 December 1999 to the trust in circumstances in which section 454 applied, it can reasonably be considered that the property was so transferred in anticipation that the individual would subsequently cease to be resident in Canada and the individual subsequently ceases to be resident in Canada, the first day after that transfer during which the individual ceases to be resident in Canada, determined as if a day ends for the trust immediately after each time at which the individual ceases to be resident in Canada;

(a.4)  where the trust is a trust to which property was transferred by a taxpayer who is an individual, other than a trust, in circumstances in which sections 454 to 462.0.2 or section 692.8 applied, the transfer did not result in a change in beneficial ownership of that property and no person, other than the taxpayer, or partnership has any absolute or contingent right as a beneficiary under the trust, determined with reference to section 646.1, the day on which the taxpayer dies;

(b)  the day of the twenty-first anniversary of the latest of 1 January 1972, the day on which the trust was created and, where applicable, the day determined under any of subparagraphs a, a.1 and a.4 as those subparagraphs applied from time to time after 31 December 1971;

(c)  the day of the twenty-first anniversary of the day, other than a day determined under any of subparagraphs a to a.4, of any deemed disposition of such property under this section.

Subparagraph a of the first paragraph applies only where the trust contemplated therein is

(a)  a trust that was created by the will of an individual who died after 31 December 1971 and that, at the time it was created, was a trust described in that subparagraph a;

(b)  a trust that was created by the will of an individual who died after 31 December 1971 to which property was transferred in circumstances to which section 435 or subparagraph a of the first paragraph of section 440 applied and that, immediately after the property was indefeasibly vested in the trust as a consequence of the individual’s death, was a trust described in subparagraph a of the first paragraph;

(c)  a trust that was created after 17 June 1971 by an individual during his lifetime and that, at any time after 31 December 1971, was a trust described in subparagraph a of the first paragraph; or

(d)  a trust, other than a trust the terms of which are described in subparagraph 1 of subparagraph ii of subparagraph a of the first paragraph that elects in its fiscal return filed under this Part for its first taxation year that this subparagraph not apply, that was created after 31 December 1999 by an individual during the individual’s lifetime and that, at any time after that date, was

i.  a trust described in subparagraph a of the first paragraph, or

ii.  a trust that was created by a taxpayer who had attained 65 years of age.

However, subparagraph a of the first paragraph does not apply in respect of a trust described in subparagraph b of the second paragraph where the spouse who was the beneficiary of that trust died before 21 December 1991.

The property to which subparagraph a.3 of the first paragraph refers is

(a)  an immovable situated in Canada;

(b)  a Canadian resource property;

(c)  a timber resource property;

(d)  a capital property used in a business carried on through an establishment in Canada;

(e)  an incorporeal capital property in respect of a business carried on through an establishment in Canada;

(f)  a property described in the inventory of a business carried on through an establishment in Canada; or

(g)   a prescribed property.

1972, c. 23, s. 489; 1977, c. 26, s. 68; 1984, c. 15, s. 138; 1986, c. 19, s. 134; 1994, c. 22, s. 225; 1997, c. 31, s. 61; 2003, c. 2, s. 157; 2004, c. 21, s. 87; 2005, c. 1, s. 128; 2009, c. 5, s. 200.

654. The trust is deemed to have disposed of each property contemplated in section 653, at the time determined under that section, for proceeds equal to its fair market value at that time, determined with reference to section 450.2, and to have reacquired the property immediately thereafter at a cost or a capital cost, as the case may be, equal to the proceeds of disposition.

1972, c. 23, s. 490; 1984, c. 15, s. 139; 1994, c. 22, s. 225; 2003, c. 2, s. 158.

655. (Repealed).

1972, c. 23, s. 491; 1977, c. 26, s. 69; 1994, c. 22, s. 226.

656. Notwithstanding section 654, where the capital cost to the trust of depreciable property of a prescribed class immediately before the deemed disposition thereof under section 653 exceeds the cost thereof to the trust as determined under section 654, for the purposes of sections 93 to 104, 130 to 130.1 and of the regulations made under paragraph a of section 130 as those sections and regulations apply to such property after that time,

(a)  the capital cost to the trust of the property on its deemed reacquisition under section 653 is deemed to be the same as before the deemed disposition thereof under that section; and

(b)  the excess is deemed to have been allowed to the trust as depreciation in respect of the property in computing the trust’s income for the taxation years that ended before the deemed reacquisition under section 653 of the property by the trust.

1972, c. 23, s. 492; 1979, c. 18, s. 54; 1994, c. 22, s. 227; 1995, c. 49, s. 152.

656.1. For the purposes of sections 653 to 656,

(a)  the words “at the end of a taxation year” and “of a prescribed class of a taxpayer” in section 94 shall be read respectively “at the particular time a trust is deemed, under section 653, to have disposed of its depreciable property of a prescribed class” and “of that class”, and

(b)  for the purpose of computing the excess referred in section 94, at the end of the taxation year of the trust that included the day on which the trust is deemed, under section 653, to have disposed of its depreciable property of a prescribed class, any amount that was included on that day in computing the trust’s income for the year under the said section 94, as it must be read pursuant to paragraph a, is deemed to be an amount included in computing the trust’s income under sections 93 to 104 for a preceding taxation year.

1978, c. 26, s. 110; 1994, c. 22, s. 227.

656.2. Where a trust owns a Canadian resource property or a foreign resource property, other than an exempt property, at the end of a day determined under section 653 in respect of the trust, the following rules apply:

(a)  for the purpose of determining the amounts under paragraphs a, e and e.1 of section 330 and sections 371, 374, 411, 412, 418.1.3 to 418.1.5, 418.5, 418.6 and 418.12, the trust is deemed

i.  to have a taxation year that ends at the end of that day and a new taxation year that begins immediately after that day, and

ii.  to have disposed, immediately before the end of the taxation year so deemed to end, of each of those Canadian resource properties and foreign resource properties for proceeds that became receivable at that time equal to its fair market value at that time and to have reacquired, at the beginning of the new taxation year, each such property for an amount equal to that fair market value; and

(b)  for the particular taxation year of the trust that included that day, the trust shall

i.  include in computing its income for the particular taxation year the amount, if any, determined under paragraph e of section 330 in respect of the taxation year deemed to end in accordance with subparagraph i of paragraph a and the amount so included is, for the purposes of paragraph b of section 411, deemed to have been included in computing its income for a preceding taxation year,

i.1.  include in computing its income for the particular taxation year any amount determined under paragraph e.1 of section 330 in respect of the taxation year deemed to end in accordance with subparagraph i of paragraph a and the amount so included is, for the purposes of paragraph b of section 418.1.3, deemed to have been included in computing its income for a preceding taxation year, and

ii.  deduct in computing its income for the particular taxation year the amount, if any, determined under sections 371 and 374 in respect of the taxation year deemed to end in accordance with subparagraph i of paragraph a and the amount so deducted is, for the purposes of paragraph a of section 371, deemed to have been deducted for a preceding taxation year.

1986, c. 19, s. 135; 2004, c. 8, s. 133.

656.3. Every trust that holds an interest in a NISA Fund No. 2 that was transferred to it in circumstances to which the second paragraph of section 441.1 applied is deemed, at the end of the day on which the spouse referred to in that paragraph dies, to have been paid an amount out of the fund equal to the amount by which the balance at the end of that day in the fund so transferred exceeds such portion of that balance as is deemed by section 660.1 to have been paid to the spouse.

1994, c. 22, s. 228.

656.3.1. Every trust that holds an interest in a farm income stabilization account that was transferred to it in circumstances to which the second paragraph of section 441.2 applied is deemed, at the end of the day on which the spouse referred to in that paragraph dies, to have been paid an amount out of the account equal to the amount by which the balance at the end of that day in the account so transferred exceeds such portion of that balance as is deemed by section 660.2 to have been paid to the spouse.

2004, c. 21, s. 88.

656.4. Where a trust so elects in prescribed form filed with the Minister within six months after the end of a taxation year of the trust that includes a day before 1 January 1999, in this section referred to as the “disposition day”, that would, but for this section, be determined in respect of the trust under subparagraph a.1 of the first paragraph of section 653 in the case of a trust described in that subparagraph, or under subparagraph b of the first paragraph of section 653 in any other case, and there is at least one individual who is an exempt beneficiary under the trust on the disposition day,

(a)  for the purposes of sections 653 to 656.3.1, paragraph a of section 657 and section 1031.1, the day determined under subparagraph a.1 or b of the first paragraph of section 653 in respect of the trust is deemed to be the earlier of 1 January 1999 and the first day of the trust’s first taxation year that begins after the first day after the disposition day throughout which there is no individual who is an exempt beneficiary under the trust;

(b)  section 688 does not apply to a distribution made by the trust during the period beginning immediately after the disposition day, and ending at the end of the first day after the disposition day that is determined in respect of the trust under section 653, to any beneficiary, other than an individual who is an exempt beneficiary under the trust immediately before the time of the distribution;

(b.1)  paragraph b does not apply to a distribution made by the trust after 28 February 1995 where the trust filed the form before 1 March 1995;

(c)  section 692.8 does not apply to a disposition by the trust during the period described in paragraph b;

(d)  (paragraph repealed).

1994, c. 22, s. 228; 1997, c. 31, s. 62; 2001, c. 7, s. 69; 2003, c. 2, s. 159; 2004, c. 21, s. 89; 2009, c. 5, s. 201.

656.4.1. Where a trust that has filed an election under section 656.4 before 1 July 1995 applies before 9 December 1997 to the Minister in writing for permission to revoke the election and the Minister grants permission to revoke the election,

(a)  the election is deemed, otherwise than for the purposes of this section, never to have been made;

(b)  any amount payable by the trust under this Part as a penalty shall be reduced by that part of the amount that is attributable to the revocation of the election; and

(c)  notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister to take into account the consequences of the revocation of the election.

1997, c. 31, s. 63.

656.5. For the purposes of section 656.4, an individual is an exempt beneficiary under a trust at a particular time if the individual is alive and a beneficiary under the trust at the particular time, where

(a)  in the case of a trust that was created after 11 February 1991, the individual, or an individual who, irrespective of section 1, is the brother or sister of the individual, was alive at the earlier of

i.  the time the trust was created, and

ii.  the earliest of all times each of which is the time that another trust was created that, before the particular time and the end of the day that would, but for section 656.4, be determined in respect of the trust under subparagraph a.1 or b of the first paragraph of section 653, transferred property to the trust either directly, or indirectly through one or more trusts, in circumstances in which section 656.9 applies; and

(b)  the individual or the individual’s spouse or former spouse was

i.  the designated contributor in respect of the trust, or

ii.  the grandfather, grandmother, father, mother, brother, sister, child, niece or nephew of the designated contributor in respect of the trust, or of the spouse or former spouse of the designated contributor in respect of the trust.

1994, c. 22, s. 228.

656.6. For the purposes of section 656.5, a beneficiary under a trust is an individual who is beneficially interested in the trust, except that an individual is deemed not to be a beneficiary under a trust at a particular time

(a)  where

i.  the interests in the trust at the particular time of all individuals who would, if this chapter were read without reference to this paragraph, be exempt beneficiaries under the trust are subject to the exercise of a discretionary power by a person,

ii.  the exercise of, or the failure to exercise, the discretionary power referred to in subparagraph i, under the terms of the trust after the particular time, may terminate the interests in the trust of the following persons, before the time at which the last of those persons dies and without any of those persons enjoying any benefit under the trust after the particular time:

(1)  any individual referred to in subparagraph i; and

(2)  any other individual who is a child of a deceased individual who, if this chapter were read without reference to this paragraph, would have been an exempt beneficiary under the trust at any time before the particular time, and

iii.  the trust was created after 11 February 1991 or subparagraph ii applies in respect of the trust because of a variation of the terms of the trust occurring after that date; or

(b)  where it is reasonable to consider that one of the main purposes for the creation of the interest of the individual in the trust was to defer the day determined in respect of the trust under subparagraph a.1 or b of the first paragraph of section 653.

1994, c. 22, s. 228; 1996, c. 39, s. 273.

656.7. For the purposes of section 656.5, a designated contributor in respect of a trust is

(a)  where the trust is described in subparagraph a of the first paragraph and in the second paragraph of section 653, or was, on 20 December 1991, a pre-1972 spousal trust, the individual who created, or whose will created, the trust;

(b)  where paragraph a does not apply and the trust is a testamentary trust at the end of the taxation year for which it makes an election under section 656.4, the individual as a consequence of whose death the trust was created; and

(c)  in the case of any other trust, the individual who was, or who was related to, an individual beneficially interested in the trust and who is designated by the trust in its election under section 656.4

i.  where, at each time in the relevant period in respect of the trust, the total amount of property transferred or loaned before that time by the designated individual, either directly or through another trust, to the trust

(1)  exceeded the total amount of property so transferred or loaned before that time by each other individual who was born before the designated individual and who, at any time, was related to any individual beneficially interested in the trust, and

(2)  was not less than the total amount of property so transferred or loaned before that time by each other individual who was born after the designated individual and who, at any time, was related to any individual beneficially interested in the trust,

ii.  where

(1)  no individual may be designated in respect of the trust because of subparagraph i,

(2)  the designated individual transferred or loaned property, either directly or through another trust, to the trust at any time before the end of the relevant period in respect of the trust, and

(3)  the designated individual was born before all other individuals who, at any time, were related to any individual beneficially interested in the trust or to any individual who transferred or loaned property to the trust before the end of the relevant period in respect of the trust, and who transferred or loaned property, either directly or through another trust, to the trust at any time before the end of the relevant period in respect of the trust, or

iii.  where throughout the relevant period in respect of the trust the property of the trust consisted primarily of

(1)  shares of the capital stock of a corporation controlled, on the day that the trust was created or at the beginning of the relevant period in respect of the trust, by the designated individual or by the designated individual and one or more other individuals born after, and related to, the designated individual, or all or substantially all of the value of which throughout the relevant period in respect of the trust derived from property transferred to the corporation by the designated individual or by the designated individual and one or more other individuals born after, and related to, the designated individual,

(2)  shares of the capital stock of a corporation all or substantially all of the value of which, throughout the part of the relevant period in respect of the trust throughout which the shares were held by the trust, derived from shares described in subparagraph 1,

(3)  property substituted for the shares described in subparagraph 1 or 2,

(4)  property attributable to profits, gains or distributions in respect of property described in subparagraphs 1 to 3, or

(5)  any combination of the properties described in subparagraphs 1 to 4.

1994, c. 22, s. 228; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

656.8. For the purposes of section 656.7,

(a)  the relevant period in respect of a trust is the period that begins one year after the day on which the trust was created and ends at the end of the day that would, but for the election of the trust under section 656.4, be determined in respect of the trust under subparagraph a.1 or b, as the case may be, of the first paragraph of section 653;

(b)  two individuals are deemed to be related to each other where one of them is the uncle, aunt, great uncle, or great aunt of the other individual;

(c)  an individual is deemed not to be a designated contributor in respect of a trust where it is reasonable to consider that one of the main purposes of a series of transactions or events that includes an individual becoming a trustee in respect of trust property, or an acquisition of property or a borrowing by any individual was to defer the day determined in respect of the trust under subparagraph b of the first paragraph of section 653; and

(d)  in determining whether all or substantially all of the value of shares of the capital stock of a corporation is derived from other property, the other property is deemed to include property substituted for the other property and property attributable to profits, gains or distributions in respect of the other property and the substituted property.

1994, c. 22, s. 228; 1997, c. 3, s. 71.

656.9. Where capital property, other than excluded property, land included in inventory, Canadian resource property or foreign resource property is transferred at a particular time by a trust, in this section referred to as the “transferor trust”, to another trust, in this section referred to as the “transferee trust”, in circumstances in which subparagraph b of the second paragraph of section 248 or section 688 or 692.8 applies, the following rules apply:

(a)  subject to paragraphs b to b.3, for the purposes of sections 653 to 656.3.1 after the particular time,

i.  the first day, in this section referred to as the “disposition day”, that ends at or after the particular time that would, but for subparagraphs a.2 and a.3 of the first paragraph of section 653, be determined in respect of the transferee trust is deemed to be the earliest of

(1)  the first day ending at or after the particular time that would be determined in respect of the transferor trust under section 653 without regard to the transfer and any transaction or event occurring after the particular time,

(2)  the first day ending at or after the particular time that would otherwise be determined in respect of the transferee trust under section 653 without regard to any transaction or event occurring after the particular time,

(3)  where the transferor trust is a joint spousal trust, a post-1971 spousal trust or a pre-1972 spousal trust and the spouse referred to in subparagraph a of the first paragraph of section 653 or in the definition of “pre-1972 spousal trust” in section 652.1, is alive at the particular time, the first day that ends at or after the particular time,

(3.1)  where the transferor trust is an alter ego trust, a trust to which subparagraph a.4 of the first paragraph of section 653 applies or a joint spousal trust, and the taxpayer referred to in subparagraph a or a.4 of that first paragraph, as the case may be, is alive at the particular time, the first day that ends at or after the particular time, and

(4)  where the disposition day would, but for the application of this section to the transfer, be determined in respect of the transferee trust under paragraph a of section 656.4, and the particular time is after the day that would, but for section 656.4, be determined in respect of the transferee trust under subparagraph b of the first paragraph of section 653, the first day ending at or after the particular time, and

ii.  where the disposition day determined in respect of the transferee trust under subparagraph i is earlier than the day referred to in subparagraph 2 of subparagraph i in respect of the transferee trust, sections 653 to 656.3.1 do not apply to the transferee trust on the day referred to in the said subparagraph 2 in respect of the transferee trust;

(b)  where the transferor trust is a trust, in this paragraph referred to as an “eligible trust”, that is a post-1971 spousal trust or a pre-1972 spousal trust, and the spouse referred to in subparagraph a of the first paragraph and the second paragraph of section 653 or in the definition of “pre-1972 spousal trust” in section 652.1 is alive at the particular time, paragraph a does not apply in respect of the transfer where the transferee trust is also an eligible trust;

(b.1)  paragraph a does not apply in respect of the transfer where

i.  the transferor trust is an alter ego trust,

ii.  the taxpayer referred to in subparagraph a of the first paragraph of section 653 is alive at the particular time, and

iii.  the transferee trust is an alter ego trust;

(b.2)  paragraph a does not apply in respect of the transfer where

i.  the transferor trust is a joint spousal trust,

ii.  either the taxpayer referred to in subparagraph a of the first paragraph of section 653, or the taxpayer’s spouse referred to in that subparagraph, is alive at the particular time, and

iii.  the transferee trust is a joint spousal trust;

(b.3)  paragraph a does not apply in respect of the transfer where

i.  the transferor trust is a trust to which subparagraph a.4 of the first paragraph of section 653 applies,

ii.  the taxpayer referred to in subparagraph a.4 of the first paragraph of section 653 is alive at the particular time, and

iii.  the transferee trust is a trust to which subparagraph a.4 of the first paragraph of section 653 applies; and

(c)  for the purposes of section 656.4, unless a day ending before the particular time has been determined under subparagraph a.1 or b of the first paragraph of section 653, or would, but for section 656.4, have been so determined, a day determined under subparagraph i of paragraph a is deemed to be a day determined under the said subparagraph a.1 or b, as the case may be, in respect of the transferee trust.

1994, c. 22, s. 228; 2003, c. 2, s. 160; 2004, c. 21, s. 90.

CHAPTER III DEDUCTIONS

1972, c. 23.

657. A trust may deduct, in computing its income for a taxation year, the following amounts:

(a)  such amount as the trust claims as a deduction not exceeding the amount by which

i.  such part of the amount (in this section referred to as the trust’s “adjusted distributions amount for the year”) that would be its income for the year as became payable in the year to a beneficiary or was included because of section 662 in computing the income of a beneficiary, but for

(1)  this paragraph and paragraph b,

(2)  sections 92.5.2 and 92.5.3.1, except to the extent that section 92.5.2 or section 92.5.3.1 applies to an amount paid to a trust described in the second paragraph of section 441.1 or of section 441.2 respectively and before the death of the spouse referred to in the second paragraph of either of those sections, as the case may be,

(3)  the application of sections 653 to 656.2 in respect of a day determined under subparagraph a of the first paragraph of section 653, and

(4)  sections 656.3, 656.3.1 and 691, exceeds

ii.  where the trust is a post-1971 spousal trust that was created after 20 December 1991, or would be such a trust if the reference in subparagraph a of the second paragraph of section 653 to “at the time it was created” were read as a reference to “on 20 December 1991”, and the spouse referred to in subparagraph a of the first paragraph of that section in respect of the trust is alive throughout the year, such part of the amount that would be its income for the year as became payable in the year to a beneficiary other than the spouse or was included under section 662 in computing the income of a beneficiary other than the spouse, but for

(1)  this paragraph and paragraph b,

(2)  sections 92.5.2 and 92.5.3.1, except to the extent that section 92.5.2 or section 92.5.3.1 applies to an amount paid to a trust described in the second paragraph of section 441.1 or of section 441.2 respectively and before the death of the spouse referred to in the second paragraph of either of those sections, as the case may be, and

(3)  section 691,

ii.1.  where the trust is an alter ego trust or a joint spousal trust and the death or the later death, as the case may be, referred to in subparagraph ii of subparagraph a of the first paragraph of section 653 has not occurred before the end of the year, such part of the amount that, but for this paragraph, paragraph b and sections 92.5.2, 92.5.3.1 and 691, would be its income as became payable in the year to a beneficiary, other than a taxpayer or a spouse referred to in subparagraph 1 or 2 of subparagraph ii of subparagraph a of the first paragraph of section 653 or is included under section 662 in computing the income of a beneficiary, other than such a taxpayer or spouse,

iii.  where the trust is an alter ego trust, a joint spousal trust, a trust to which subparagraph a.4 of the first paragraph of section 653 applies or a post-1971 spousal trust and the death or the later death, as the case may be, referred to in subparagraph a or a.4 of that first paragraph in respect of the trust occurred in the year, an amount equal to the amount by which the maximum amount that would be deductible under this section in computing the trust’s income for the year if this section were read without reference to this subparagraph, exceeds the aggregate of

(1)  the amount that, but for this paragraph, paragraph b and sections 92.5.2, 92.5.3.1 and 691, would be the trust’s income that became payable in the year to the taxpayer or spouse referred to in subparagraph i of subparagraph a of the first paragraph of section 653, subparagraph 1 or 2 of subparagraph ii of that subparagraph a or subparagraph a.4 of the first paragraph of that section, and

(2)  the amount that would be the trust’s income for the year if that income were computed without reference to this paragraph and paragraph b and as if the year began immediately after the end of the day on which the death occurred in the year, and

iv.  if the trust is a SIFT trust for the year, the amount by which its adjusted distributions amount for the year exceeds the amount by which the amount that would, but for this section, be its income for the year exceeds its non-portfolio earnings for the year, within the meaning assigned by the first paragraph of section 1129.70;

(b)  the aggregate of all amounts determined in relation to the trust for the year under section 659; and

(c)  if all the property of a trust is held for the benefit of persons not resident in Canada or of their future descendants, in addition to the amount provided in paragraph a, the portion of the dividends and interest that it receives from a non-resident-owned investment corporation, to the extent that such portion is not deductible under the said paragraph.

1972, c. 23, s. 493; 1973, c. 17, s. 74; 1975, c. 22, s. 183; 1977, c. 26, s. 70; 1984, c. 15, s. 140; 1986, c. 15, s. 93; 1990, c. 59, s. 221; 1994, c. 22, s. 229; 1997, c. 3, s. 71; 1997, c. 31, s. 64; 2003, c. 2, s. 161; 2004, c. 21, s. 91; 2006, c. 13, s. 42; 2009, c. 5, s. 202.

657.1. Notwithstanding paragraph a of section 657,

(a)  where that section applies to an employee trust, the amount that may be deducted by the trust under that paragraph a is equal to the amount by which the amount that would, but for this section and that paragraph a, be its income for the year exceeds the amount by which the aggregate of its income for the year from a business exceeds the aggregate of its losses for the year from a business;

(b)  where that section applies to a trust governed by an employee benefit plan or a trust the taxable income of which for the year is subject to tax under this Part because of section 921.1 or 961.16.1, the amount that may be deducted by such a trust under that paragraph a is equal to the part of the amount that, but for this section and that paragraph a, would be the income of the trust for the year, to the extent that that part is paid in the year to a beneficiary; and

(c)  where that section applies to an inter vivos trust deemed by section 851.25 to exist in respect of a congregation that is a part of a religious organization, the amount that may be deducted by such a trust under that paragraph a is equal to such part of its income as became payable in the year to a beneficiary.

1982, c. 5, s. 137; 1984, c. 15, s. 141; 2000, c. 5, s. 142; 2003, c. 2, s. 162.

657.1.0.1. If a trust, in its fiscal return for a taxation year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), designates an amount in respect of a beneficiary under the trust, in accordance with subsection 13.1 or 13.2 of section 104 of that Act, the amount that the trust may deduct under paragraph a of section 657 in computing its income for the year may in no case be greater than the total obtained by adding the amount determined under the second paragraph to

(a)  if the trust deducts a particular amount for the year under subsection 6 of that section 104 in computing its income for the purposes of that Act, the amount by which that particular amount exceeds the amount by which the aggregate of all amounts each of which is an amount that, but for those subsections 13.1 and 13.2, would be included in computing the income of a beneficiary under the trust for the year for the purposes of that Act because of subsection 13 of that section 104 or subsection 2 of section 105 of that Act, exceeds the aggregate of all amounts each of which is an amount that, but for sections 663.1 and 663.2, would be included in computing the income of a beneficiary under the trust for the year because of section 662 or 663; and

(b)  zero, if subparagraph a does not apply.

The amount to which the first paragraph refers is the amount by which the aggregate of all amounts each of which is an amount that, but for sections 663.1 and 663.2, would be included in computing the income of a beneficiary under the trust for the year because of section 662 or 663, exceeds the aggregate of all amounts each of which is an amount that, but for subsections 13.1 and 13.2 of section 104 of the Income Tax Act, would be included in computing the income of a beneficiary under the trust for the year for the purposes of that Act because of subsection 13 of that section 104 or subsection 2 of section 105 of that Act.

2006, c. 13, s. 43.

657.1.1. No deduction may be made under paragraph a of section 657 in computing the income for a taxation year of a trust in respect of such part of an amount that would otherwise be its income for the year as became payable in the year to a beneficiary who was, at any time in the year, a designated beneficiary of the trust as that expression applies for the purposes of section 210.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) unless, throughout the year, the trust was resident in Canada.

1994, c. 22, s. 230.

657.2. Where it is reasonable to consider that one of the main purposes for the existence of any term, condition, right or other attribute of an interest in a trust, other than a personal trust, is to give a beneficiary a percentage interest in the property of the trust that is greater than his percentage interest in the income of the trust, no amount may be deducted by the trust in computing its income under paragraph a of section 657, except by reason of section 657.1.

1988, c. 18, s. 56; 1990, c. 59, s. 222.

657.3. Notwithstanding any other provision of this Act, where a taxpayer acquires a right to or to acquire an interest in a trust, or a right to or to acquire a property of a trust, and it is reasonable to consider that one of the main purposes of the acquisition is to avoid the application of section 657.2 in respect of the trust, there shall be included in computing the income of the taxpayer for the taxation year in which he disposes of the right, otherwise than pursuant to the exercise thereof, the interest or the property, the amount by which the proceeds of disposition of the right, interest or property, as the case may be, exceeds its cost amount to the taxpayer.

1988, c. 18, s. 56.

657.4. A trust shall, in computing its income for a taxation year, deduct tax paid by it for the year under Part XII.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 59, s. 223.

CHAPTER IV PREFERRED BENEFICIARY

1972, c. 23.

658. In this Title,

“accumulating income” of a trust for a taxation year means the amount that would be the income of the trust for the year if that amount were computed

(a)  without reference to subparagraphs a and a.1 of the first paragraph of section 653, sections 656.2 to 656.3.1, paragraph b of section 657 and section 691;

(b)  as if the trust were deducting, in computing its income for the year under paragraph a of section 657, the greatest amount it would, but for section 657.1.0.1, be entitled to deduct for the year under that paragraph;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  without reference to section 92.5.2, except where that section applies to an amount paid to a trust described in the second paragraph of section 441.1 and before the death of the spouse referred to in that paragraph;

(f)  without reference to section 92.5.3.1, except where that section applies to an amount paid to a trust described in the second paragraph of section 441.2 and before the death of the spouse referred to in that paragraph;

“preferred beneficiary” under a trust for a taxation year of the trust means a beneficiary under the trust at the end of the year who is resident in Canada at that time if

(a)  the beneficiary is

i.  an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the individual’s taxation year, in this definition referred to as the “beneficiary’s year”, that ends in the taxation year of the trust, or

ii.  an individual

(1)  who attained the age of 18 years before the end of the beneficiary’s year, was a dependant of another individual for the beneficiary’s year and was dependent on the other individual because of an impairment in mental or physical functions, and

(2)  whose income, computed without reference to section 659, for the beneficiary’s year does not exceed the amount used for that year under clause B of subparagraph ii of paragraph a of the definition of “preferred beneficiary” in subsection 1 of section 108 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement); and

(b)  the beneficiary is

i.  the settlor of the trust,

ii.  the spouse or former spouse of the settlor of the trust, or

iii.  a child, grandchild or great grandchild of the settlor of the trust or the spouse of any such person;

“settlor”

(a)  in relation to a testamentary trust, means the individual referred to in section 677; and

(b)  in relation to an inter vivos trust,

i.  if the trust is created by the transfer, assignment or other disposition of property thereto by not more than one individual and the fair market value of that property and of the property subsequently disposed of to the trust by the same individual exceeds the fair market value, at the time of disposition, of property subsequently disposed of to the trust by any other person, means that individual, and

ii.  if the trust is created by the transfer, assignment or any other disposition of property made jointly by an individual and his spouse and by no other person and the rule provided for in subparagraph i applies to that disposition, means that individual and his spouse.

In the first paragraph, a dependant of an individual for a taxation year means a person who, during the year, is described in paragraph f of section 752.0.1.

1972, c. 23, s. 496; 1984, c. 15, s. 142; 1985, c. 25, s. 106; 1990, c. 59, s. 224; 1994, c. 22, s. 231; 1997, c. 31, s. 65; 2000, c. 5, s. 143; 2003, c. 2, s. 163; 2004, c. 21, s. 92; 2005, c. 1, s. 129; 2005, c. 38, s. 81; 2006, c. 13, s. 44; 2006, c. 36, s. 44.

659. If a trust and a preferred beneficiary under the trust for a taxation year of the trust make, in respect of the year, a valid election for the purposes of subsection 14 of section 104 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the lesser of the amount determined for the purposes of that subsection in respect of the beneficiary in relation to the trust for the year, in this section referred to as the “designated amount”, and the proportion of the amount attributable to the preferred beneficiary in respect of the trust for the year that the designated amount is of the aggregate of all amounts determined for the purposes of that subsection in respect of the preferred beneficiaries under the trust in relation to the trust for the year, is to be included in computing the income of the beneficiary for the beneficiary’s taxation year in which the taxation year of the trust ends and is not to be included in computing the income of a beneficiary under the trust for a subsequent taxation year.

1972, c. 23, s. 497; 1973, c. 17, s. 75; 1997, c. 31, s. 65; 1999, c. 83, s. 55; 2006, c. 13, s. 45.

659.1. Where section 659 applies in respect of a taxation year, the trust and the preferred beneficiary having made, in respect of the year, a valid election under that section shall send to the Minister, on or before the trust’s filing-due date for the year, a copy of every document sent to the Minister of Revenue of Canada in connection with that election.

Where, as a consequence of the operation of subsection 3.2 of section 220 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the time for making a valid election referred to in section 659 is extended or such an election that was made is amended or rescinded, the following rules apply:

(a)  the trust and the preferred beneficiary having made the election shall notify the Minister in writing and attach to the notice a copy of every document to that effect sent by the trust and the preferred beneficiary to the Minister of Revenue of Canada; and

(b)  the trust incurs, jointly with the preferred beneficiary, a penalty equal to $100 for each complete month in the period beginning on the trust’s filing-due date for the year and ending on the day on which the notice referred to in subparagraph a is sent to the Minister, up to $5,000.

Notwithstanding sections 1010 to 1011, such assessments of tax, interest and penalties under this Part shall be made as are necessary by the Minister for any taxation year to take into account the election or the amended or rescinded election referred to in the second paragraph.

1999, c. 83, s. 56; 2000, c. 5, s. 293; 2009, c. 5, s. 203.

659.2. A trust and a preferred beneficiary under the trust may, for a taxation year that includes 22 February 1994, jointly make an election, or amend or revoke an election made, under section 659, as it read for that year, where the election, amendment or revocation

(a)  is made solely because of an election or revocation to which section 726.9.8, 726.9.9 or 726.9.10 applies; and

(b)  is filed with the Minister in the manner prescribed for the purposes of section 659 when the election or revocation referred to in subparagraph a is filed.

An election that is made or amended in accordance with the first paragraph in respect of the taxation year referred to in that paragraph is deemed to have been made on time for the purposes of section 659, as it read for that taxation year, and the election that is revoked in accordance with the first paragraph is deemed, otherwise than for the purposes of this section, never to have been made.

2000, c. 5, s. 144.

660. For the purposes of section 659, the allocable amount for a preferred beneficiary under a trust in respect of the trust for a taxation year is

(a)  where the trust is, at the end of the year, an alter ego trust, a joint spousal trust, a post-1971 spousal trust or a pre-1972 spousal trust and a beneficiary, referred to in subparagraph a of the first paragraph of section 653 or in the definition of “pre-1972 spousal trust” in section 652.1, is alive at the end of the year, an amount equal to the trust’s accumulating income for the year, if the preferred beneficiary is a beneficiary so referred to, and, in any other case, nil;

(b)  where paragraph a does not apply and the preferred beneficiary’s interest in the trust is not solely contingent on the death of another beneficiary who has a capital interest in the trust and who does not have an income interest in the trust, the trust’s accumulating income for the year; and

(c)  in any other case, nil.

1972, c. 23, s. 498; 1973, c. 17, s. 76; 1975, c. 22, s. 185; 1977, c. 26, s. 71; 1978, c. 26, s. 111; 1994, c. 22, s. 232; 1995, c. 49, s. 236; 1997, c. 31, s. 66; 2003, c. 2, s. 164.

660.1. If, at the end of the day on which a taxpayer dies and as a consequence of the death, an amount would, but for this section, be deemed under section 656.3 to have been paid to a trust out of the trust’s NISA Fund No. 2, and the trust and the legal representative of the taxpayer make a valid election under subsection 14.1 of section 104 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to that fund, the portion of the amount, corresponding to the portion designated in the election, is deemed to have been paid to the taxpayer out of the taxpayer’s NISA Fund No. 2 immediately before the end of the day and, for the purposes of subparagraph b of the second paragraph of section 92.5.2 in respect of the trust, the amount is deemed to have been paid out of the trust’s NISA Fund No. 2 immediately before the end of the day.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 14.1 of section 104 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1994, c. 22, s. 233; 2009, c. 5, s. 204.

660.2. Where, at the end of the day on which a taxpayer dies and as a consequence of the death, an amount would, but for this section, be deemed by section 656.3.1 to have been paid to a trust out of the trust’s farm income stabilization account and the trust and the legal representative of the taxpayer so elect in prescribed form, such portion of the amount as is designated in the election is deemed to have been paid to the taxpayer out of a farm income stabilization account of the taxpayer immediately before the end of the day and, for the purposes of subparagraph b of the second paragraph of section 92.5.3.1 in respect of the trust, the amount is deemed to have been paid out of the trust’s farm income stabilization account immediately before the end of the day.

2004, c. 21, s. 93.

CHAPTER V RULES RESPECTING THE COMPUTATION OF INCOME OF A BENEFICIARY

1972, c. 23.

661. A taxpayer shall include, in computing his income for a taxation year, the value of all benefits received by him in the year under a trust, irrespective of when it was created, except to the extent that the value of such benefits is otherwise required to be included in computing his income for a taxation year, or has been deducted under paragraph n of section 257 in computing the adjusted cost base of his interest in the trust or would be so deducted if that paragraph applied in respect of such interest and were read without reference to subparagraph 3 of subparagraph i.1 of the said paragraph.

1972, c. 23, s. 499; 1990, c. 59, s. 225.

662. A reasonable amount, according to the circumstances, paid in a taxation year by a trust out of its own income for outlays, maintenance and taxes respecting a property which, under the trust arrangement, must be maintained for the use of a usufructuary for life or a beneficiary, must be included in computing the income of the latter from the trust for that year.

1972, c. 23, s. 500.

663. A beneficiary of a trust shall include, in computing his income for a particular taxation year,

(a)  in the case of a trust, other than a trust referred to in subparagraph a of the third paragraph of section 647, such part of the amount that, but for paragraphs a and b of section 657, would be the trust’s income for the trust’s taxation year that ended in the particular year as became payable in the trust’s taxation year to the beneficiary; and

(b)  in the case of a trust governed by an employee benefit plan to which the beneficiary has contributed as an employer, such part of the amount that, but for paragraphs a and b of section 657, would be the trust’s income for its taxation year that ended in the particular year as was paid to the beneficiary in that taxation year of the trust;

(c)  (paragraph repealed).

1972, c. 23, s. 501; 1978, c. 26, s. 112; 1982, c. 5, s. 138; 1984, c. 15, s. 143; 1990, c. 59, s. 226; 1991, c. 25, s. 176; 2003, c. 2, s. 165.

663.1. Subject to section 671.7, where a trust, in its fiscal return for a taxation year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 of section 104 of that Act, designates an amount in respect of a beneficiary under the trust, the lesser of the amount so designated and the amount determined under the second paragraph in respect of the beneficiary for the year, is deemed, for the purposes of sections 662 and 663, not to have been paid or to have become payable in the year to or for the benefit of the beneficiary or out of income of the trust.

The amount referred to in the first paragraph is, in respect of a beneficiary under a trust for a taxation year of the trust, determined by the following formula:

(A / B) × (C − D − E).

For the purposes of the formula contemplated in the second paragraph,

(a)  A is the beneficiary’s share of the income of the trust for the year, computed without reference to this Act;

(b)  B is the aggregate of all amounts each of which is a beneficiary’s share of the income of the trust for the year, computed without reference to this Act;

(c)  C is the aggregate of all amounts each of which is an amount that, but for this section and section 663.2, would be included in computing the income of a beneficiary under the trust for the year by reason of section 662 or 663;

(d)  D is the amount deducted under paragraph a of section 657 in computing the income of the trust for the year;

(e)  E is the amount determined by the trust for the year and used as the value of C for the purposes of the formula contemplated in the second paragraph of section 663.2 or, if no amount is so determined, nil.

A trust that designates an amount in respect of a beneficiary, in accordance with the first paragraph, in respect of a taxation year shall notify the Minister in writing on or before its filing-due date for the year.

1990, c. 59, s. 227; 1999, c. 83, s. 57; 2004, c. 21, s. 94.

663.2. Subject to section 671.7, where a trust, in its fiscal return for a taxation year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.2 of section 104 of that Act, designates an amount in respect of a beneficiary under the trust, the lesser of the amount so designated and the amount determined under the second paragraph in respect of the beneficiary for the year, is deemed, for the purposes of sections 662 and 663, except where section 663 applies for the purposes of section 668, not to have been paid or to have become payable in the year to or for the benefit of the beneficiary or out of income of the trust, and, except for the purposes of section 668 as it applies for the purposes of sections 668.0.1 to 668.2, shall reduce the amount of the taxable capital gain of the beneficiary otherwise included in computing the beneficiary’s income for the year by reason of section 668.

The amount referred to in the first paragraph is, in respect of a beneficiary under a trust for a taxation year of the trust, determined by the following formula:

(A / B) × C.

In the formula in the second paragraph,

(a)  A is the amount designated by the trust for the year in respect of the beneficiary under section 668;

(b)  B is the aggregate of all amounts each of which has been designated for the year under section 668 in respect of a beneficiary under the trust;

(c)  C is the amount determined by the trust and used in computing each of the amounts determined for the year in respect of its beneficiaries under the second paragraph, not exceeding the amount by which the aggregate of all amounts each of which is an amount that, but for this section and section 663.1, would be included in computing the income of a beneficiary under the trust by reason of section 662 or 663 for the year exceeds the amount deducted under paragraph a of section 657 in computing the income of the trust for the year;

(d)  where B is an amount equal to zero, the fraction of which it is the denominator is deemed to be equal to the fraction that would be established if A were the amount attributed by the trust for the year to the beneficiary under subsection 21 of section 104 of the Income Tax Act and if B were the aggregate of all amounts each of which is an amount attributed for the year to a beneficiary under the trust under that subsection 21.

A trust that designates an amount in respect of a beneficiary, in accordance with the first paragraph, in respect of a taxation year shall notify the Minister in writing on or before its filing-due date for the year.

1990, c. 59, s. 227; 1999, c. 83, s. 58; 2004, c. 21, s. 95; 2006, c. 13, s. 46.

663.3. For the purposes of section 663, an amount referred to in subsection 31 of section 104 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) regarding a beneficiary under a trust in respect of a taxation year of the trust is deemed to be income of the trust for the year that has become payable by the trust to the beneficiary at the end of that year.

1990, c. 59, s. 227.

663.4. If an amount (in this section referred to as the “SIFT trust’s non-deductible distributions amount for the taxation year”) is determined under subparagraph iv of paragraph a of section 657 for a taxation year, in relation to a SIFT trust, the following rules apply:

(a)  each beneficiary under the SIFT trust to whom at any time in the year an amount became payable by the trust is deemed to have received at that time a taxable dividend that was paid at that time by a taxable Canadian corporation;

(b)  the amount of a dividend that, in accordance with subparagraph a, is deemed to have been received by a particular beneficiary at any time in a taxation year is equal to the amount determined by the formula

A/B × C; and

(c)  the amount of a dividend described in subparagraph a in relation to a beneficiary under the SIFT trust is deemed for the purposes of section 663 not to have become payable to the beneficiary.

In the formula in subparagraph b of the first paragraph,

(a)  A is the amount that became payable at the time determined under that subparagraph b by the SIFT trust to the particular beneficiary;

(b)  B is the aggregate of all amounts each of which is an amount that became payable at any time in the taxation year by the SIFT trust to a beneficiary; and

(c)  C is the SIFT trust’s non-deductible distributions amount for the taxation year.

2009, c. 5, s. 205.

664. Notwithstanding section 652, any part of the amount that, but for paragraphs a and b of section 657, would be the income of a trust for a taxation year throughout which it was resident in Canada is, for the purposes of paragraph a of section 657 and section 663, deemed to have become payable to an individual in the year if

(a)  that part of the amount has not become payable in the year;

(b)  that part of the amount was held in trust for an individual who did not attain 21 years of age before the end of the year;

(c)  the right to that part of the amount vested in the individual at or before the end of the year otherwise than because of the exercise by any person of, or the failure of any person to exercise, any discretionary power; and

(d)  the right to that part of the amount is not subject to any future condition, other than a condition that the individual survive to an age not exceeding 40 years.

1972, c. 23, s. 502; 1990, c. 59, s. 228; 1997, c. 31, s. 67.

665. A taxpayer who has included in computing his income for a taxation year, under section 663 or 684, an amount in respect of his income interest in the trust may deduct, for the same year, except to the extent that an amount in respect thereof has been deducted in computing his taxable income pursuant to section 738 or 845, the lesser of such amount and the excess of the cost of his interest over the aggregate of the amounts deductible as such under this section in computing his income for previous taxation years.

1972, c. 23, s. 503; 1984, c. 15, s. 144; 1988, c. 18, s. 57; 1989, c. 5, s. 77.

665.1. The cost to a taxpayer of an income interest of the taxpayer in a trust is deemed to be nil unless any part of the interest was acquired by the taxpayer from a person who was the beneficiary in respect of the interest immediately before its acquisition by the taxpayer, or the cost of any part of the interest would be determined not to be nil under paragraph c of section 785.1 or subparagraph c of the first paragraph of section 785.2.

1984, c. 15, s. 144; 2003, c. 2, s. 166; 2009, c. 5, s. 206.

666. A portion of a taxable dividend received by a trust, in a particular taxation year of the trust, on a share of the capital stock of a taxable Canadian corporation, is deemed, for the purposes of the second paragraph of section 497, the third and fourth paragraphs of section 686 and sections 738 to 745, not to have been received by the trust and is deemed, for the purposes of this Part, to be a taxable dividend on the share received by a taxpayer in the taxpayer’s taxation year in which the particular year ends if

(a)  an amount equal to that portion is designated by the trust, in respect of the taxpayer, in the trust’s fiscal return filed under this Part for the particular year and may reasonably be considered, having regard to all the circumstances including the terms and conditions of the trust arrangement, to be part of the amount that, because of any of sections 659, 661 and 662 or paragraph a of section 663, was included in computing the income for that taxation year of the taxpayer;

(b)  the taxpayer is in the particular year a beneficiary under the trust;

(c)  the trust is, throughout the particular year, resident in Canada; and

(d)  the aggregate of all amounts each of which is an amount designated, under this section, by the trust in respect of a beneficiary under the trust in the trust’s fiscal return filed under this Part for the particular year is not greater than the aggregate of all amounts each of which is the amount of a taxable dividend, received by the trust in the particular year, on a share of the capital stock of a taxable Canadian corporation.

1972, c. 23, s. 504; 1984, c. 15, s. 145; 1990, c. 59, s. 229; 1997, c. 3, s. 71; 2003, c. 2, s. 166; 2009, c. 5, s. 207.

667. For the purposes of subparagraph 3 of subparagraph i.1 of paragraph n of section 257, the third and fourth paragraphs of section 686 and sections 741.2, 742, 742.2 and 744.2, the portion of the aggregate of all amounts each of which is the amount of a dividend, other than a taxable dividend, paid to a trust in a taxation year throughout which it was resident in Canada, in respect of a share of the capital stock of a corporation resident in Canada, that may reasonably be considered, having regard to the circumstances and the terms and conditions of the trust arrangement, to be part of an amount that became payable in the year to a beneficiary under the trust shall be designated by the trust, in its fiscal return for the year, in respect of the beneficiary.

1972, c. 23, s. 505; 1990, c. 59, s. 230; 1997, c. 3, s. 71; 2000, c. 5, s. 145; 2001, c. 7, s. 70.

668. For the purposes of sections 28 and 727 to 737, except as they apply to Title VI.5 of Book IV, an amount of a trust’s net taxable capital gains for a particular taxation year of the trust is deemed to be a taxable capital gain, for the taxation year of a taxpayer in which the particular year ends, from the disposition by the taxpayer of capital property if

(a)  the amount is designated by the trust, in respect of the taxpayer, in the trust’s fiscal return filed under this Part for the particular year and may reasonably be considered, having regard to all the circumstances including the terms and conditions of the trust arrangement, to be part of the amount that, because of any of sections 659, 661 and 662 or paragraph a of section 663, was included in computing the income for that taxation year of the taxpayer;

(b)  the taxpayer is

i.  in the particular year, a beneficiary under the trust, and

ii.  resident in Canada, unless the trust is, throughout the particular year, a mutual fund trust;

(c)  the trust is, throughout the particular year, resident in Canada; and

(d)  the aggregate of all amounts each of which is an amount designated, under this section, by the trust in respect of a beneficiary under the trust in the trust’s fiscal return filed under this Part for the particular year is not greater than the trust’s net taxable capital gains for the particular year.

1972, c. 23, s. 506; 1975, c. 22, s. 186; 1977, c. 26, s. 72; 1985, c. 25, s. 107; 1987, c. 67, s. 130; 1990, c. 59, s. 231; 1996, c. 39, s. 273; 2009, c. 5, s. 208.

668.0.1. Notwithstanding sections 231 and 668, where in a particular taxation year, commencing before 1 January 1990, of a taxpayer, other than an individual who is not a testamentary trust, the taxpayer is a beneficiary under a trust with a taxation year ending in the particular year, the amount deemed under section 668 to be a taxable capital gain of the taxpayer for the particular year in respect of the trust, other than that part of the amount that can be attributed to an amount deemed to be a taxable capital gain of the trust under section 105, shall be the amount determined by the formula

A × B / C.

For the purposes of the formula contemplated in the first paragraph,

(a)  A is the amount by which the amount deemed under section 668 to be a taxable capital gain of the taxpayer for the particular year in respect of the trust, other than that part of the amount that can be attributed to an amount deemed to be a taxable capital gain of the trust under section 105, exceeds the amount designated by the trust for the particular year in respect of the taxpayer under section 663.2, other than that part of the amount that can be attributed to an amount deemed to be a taxable capital gain of the trust under section 105;

(b)  B is the fraction that would be used under section 231 for the particular year in respect of the taxpayer if he had a capital gain for the particular year;

(c)  C is the fraction that is used under section 231 for the taxation year of the trust.

1990, c. 59, s. 232.

668.0.2. A trust that has filed its fiscal return for its taxation year that includes 22 February 1994 may subsequently designate an amount under section 668 for that year, or amend or revoke a designation made under that section for that year where the designation, amendment or revocation

(a)  is made solely because of an increase or decrease in the net taxable capital gains of the trust for the year that results from an election or revocation to which section 726.9.8, 726.9.9 or 726.9.10 applies; and

(b)  is filed with the Minister, with an amended fiscal return for the year, when the election or revocation referred to in subparagraph a is filed with the Minister.

A designation, amendment or revocation made in accordance with the first paragraph for the taxation year referred to in that paragraph that affects an amount determined in respect of a beneficiary under section 668.1 may be made only where the trust

(a)  designates an amount, or amends or revokes a designation made, under section 668.1 for that year in respect of the beneficiary; and

(b)  files the designation, amendment or revocation referred to in subparagraph a with the Minister when required by subparagraph b of the first paragraph.

Where a trust designates an amount, or amends or revokes a designation, under section 668 or 668.1 in accordance with this section, the designation or amended designation, as the case may be, is deemed to have been made in the trust’s fiscal return for the trust’s taxation year that includes 22 February 1994, and the designation that was revoked is deemed, other than for the purposes of this section, never to have been made.

2000, c. 5, s. 146.

668.1. Where, for the purposes of section 668, a personal trust or a trust referred to in section 53 designates an amount in respect of a beneficiary in respect of its net taxable capital gains for a taxation year, in this section and sections 668.2 to 668.2.4 referred to as the “designation year”, the following rules apply:

(a)  the trust shall in its fiscal return under this Part for the designation year designate an amount in respect of its eligible taxable capital gains for the designation year in respect of the beneficiary equal to the amount determined in respect of the beneficiary under each of subparagraphs i to iii of paragraph b;

(b)  the beneficiary is deemed, for the purposes of sections 28, 462.8 to 462.10 and 727 to 737 as they apply for the purposes of Title VI.5 of Book IV, to have disposed of the capital property referred to in any of subparagraphs i to iii if a capital gain is determined under any of those subparagraphs in respect of the beneficiary for the beneficiary’s taxation year in which the designation year ends and to have a taxable capital gain for that taxation year

i.  from a disposition of capital property that is qualified farm property of the beneficiary equal to the amount determined by the formula

(A × B × C)/(D × E);

ii.  from a disposition of capital property that is a qualified small business corporation share of the beneficiary equal to the amount determined by the formula

(A × B × F)/(D × E);

iii.  from a disposition of a capital property that is a qualified fishing property of the beneficiary equal to the amount determined by the formula

(A × B × G)/(D × E); and

(c)  for the purposes of Title VI.5 of Book IV, the capital property referred to in paragraph b is deemed to have been disposed of by the beneficiary in the beneficiary’s taxation year in which the designation year ends.

1987, c. 67, s. 130; 1990, c. 59, s. 233; 1996, c. 39, s. 174; 1997, c. 3, s. 71; 2003, c. 2, s. 167; 2007, c. 12, s. 69; 2009, c. 15, s. 97.

668.2. For the purposes of the formulas in subparagraphs i to iii of paragraph b of section 668.1,

(a)  A is the lesser of

i.  the amount by which the aggregate of amounts designated under section 668 for the designation year by the trust exceeds the aggregate of the amounts determined in relation to the trust under section 663.2 for the designation year, and

ii.  the trust’s eligible taxable capital gains for the designation year;

(b)  B is the amount by which the amount designated under section 668 for the designation year by the trust in respect of the beneficiary exceeds the amount determined in relation to the trust in respect of the beneficiary under section 663.2 for the taxation year;

(c)  C is the amount that would be determined under paragraph b of section 28 for the designation year in respect of the trust’s capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties of the trust disposed of by it after 31 December 1984;

(d)  D is the aggregate of all amounts each of which is the amount determined under paragraph b for the designation year in respect of a beneficiary under the trust;

(e)  E is the aggregate of the amounts determined under paragraphs c, f and g for the designation year in respect of the beneficiary;

(f)  F is the amount that would be determined under paragraph b of section 28 for the designation year in respect of the trust’s capital gains and capital losses if the only properties referred to in that paragraph were qualified small business corporation shares of the trust, other than qualified farm property, disposed of by it after 17 June 1987; and

(g)  G is the amount that would be determined under paragraph b of section 28 for the designation year in respect of the trust’s capital gains and capital losses if the only properties referred to in that paragraph were qualified fishing properties of the trust disposed of by it after 1 May 2006.

1987, c. 67, s. 130; 1990, c. 59, s. 233; 1993, c. 16, s. 243; 1994, c. 22, s. 234; 1996, c. 39, s. 174; 1997, c. 3, s. 71; 2006, c. 13, s. 47; 2007, c. 12, s. 70.

668.2.1. A beneficiary who, because of subparagraph i of paragraph b of section 668.1, is deemed, for the purposes of Title VI.5 of Book IV, to have a taxable capital gain (in this section referred to as the “specified taxable capital gain”) from a disposition of capital property that is qualified farm property of the beneficiary, for the beneficiary’s taxation year that includes 19 March 2007 and in which the designation year of the trust ends, is deemed, for the purposes of section 726.7.3 and if the trust complies with the requirements of section 668.2.4, to have a taxable capital gain from the disposition of qualified farm property of the beneficiary after 18 March 2007 equal to the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the amount of the specified taxable capital gain;

(b)  B is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties of the trust that were disposed of by the trust after 18 March 2007; and

(c)  C is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties of the trust.

2009, c. 15, s. 98.

668.2.2. A beneficiary who, because of subparagraph ii of paragraph b of section 668.1, is deemed, for the purposes of Title VI.5 of Book IV, to have a taxable capital gain (in this section referred to as the “specified taxable capital gain”) from a disposition of capital property that is a qualified small business corporation share of the beneficiary, for the beneficiary’s taxation year that includes 19 March 2007 and in which the designation year of the trust ends, is deemed, for the purposes of section 726.7.3 and if the trust complies with the requirements of section 668.2.4, to have a taxable capital gain from the disposition of a qualified small business corporation share of the beneficiary after 18 March 2007 equal to the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the amount of the specified taxable capital gain;

(b)  B is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified small business corporation shares of the trust that were disposed of by the trust after 18 March 2007; and

(c)  C is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified small business corporation shares of the trust.

2009, c. 15, s. 98.

668.2.3. A beneficiary who, because of subparagraph iii of paragraph b of section 668.1, is deemed, for the purposes of Title VI.5 of Book IV, to have a taxable capital gain (in this section referred to as the “specified taxable capital gain”) from a disposition of capital property that is qualified fishing property of the beneficiary, for the beneficiary’s taxation year that includes 19 March 2007 and in which the designation year of the trust ends, is deemed, for the purposes of section 726.7.3 and if the trust complies with the requirements of section 668.2.4, to have a taxable capital gain from the disposition of qualified fishing property of the beneficiary after 18 March 2007 equal to the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the amount of the specified taxable capital gain;

(b)  B is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified fishing properties of the trust that were disposed of by the trust after 18 March 2007; and

(c)  C is, if the designation year of the trust includes 19 March 2007, the amount that would be determined in respect of the trust for the designation year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified fishing properties of the trust.

2009, c. 15, s. 98.

668.2.4. A trust shall determine and designate, in its fiscal return filed under this Part for the designation year of the trust, the following amounts in respect of a beneficiary:

(a)  the amount that is, under section 668.2.1, determined to be the beneficiary’s taxable capital gain from the disposition, after 18 March 2007, of qualified farm property of the beneficiary;

(b)  the amount that is, under section 668.2.2, determined to be the beneficiary’s taxable capital gain from the disposition, after 18 March 2007, of a qualified small business corporation share of the beneficiary; and

(c)  the amount that is, under section 668.2.3, determined to be the beneficiary’s taxable capital gain from the disposition, after 18 March 2007, of qualified fishing property of the beneficiary.

2009, c. 15, s. 98.

668.3. For the purposes of sections 668 to 668.2, the net taxable capital gains of a trust for a taxation year is the amount, if any, by which the aggregate of the taxable capital gains of the trust for the year exceeds the aggregate of its allowable capital losses for the year and its net capital losses deducted under section 729 in computing its taxable income for the year.

1987, c. 67, s. 130; 1989, c. 5, s. 78; 1990, c. 59, s. 234.

668.4. For the purposes of sections 668.1 to 668.2.4,

“eligible taxable capital gains” of a personal trust for a taxation year means the lesser of

(a)  its annual gains limit, within the meaning assigned by the first paragraph of section 726.6, for the year; and

(b)  the amount by which its cumulative gains limit, within the meaning assigned by the first paragraph of section 726.6, at the end of the year, exceeds the aggregate of all amounts designated under sections 668.1 and 668.2 by the trust in respect of beneficiaries for taxation years before that year;

“qualified farm property” of an individual has the meaning assigned to it by subparagraph a of the first paragraph of section 726.6;

“qualified fishing property” of an individual has the meaning assigned by subparagraph a.0.1 of the first paragraph of section 726.6;

“qualified small business corporation share” of an individual has the meaning assigned to it by section 726.6.1.

1987, c. 67, s. 130; 1990, c. 59, s. 235; 1994, c. 22, s. 235; 1995, c. 49, s. 153; 1996, c. 39, s. 175; 1997, c. 3, s. 71; 2007, c. 12, s. 71; 2009, c. 15, s. 99.

668.5. Where an amount is designated in respect of a beneficiary by a trust for a particular taxation year of the trust that includes 28 February 2000 or 17 October 2000 and that amount, in this section referred to as the “allocated gain” is, because of section 668, deemed to be a taxable capital gain of the beneficiary from the disposition of capital property for the taxation year of the beneficiary in which the particular year ends, the following rules apply:

(a)  the beneficiary is deemed to have realized capital gains, in this section referred to as the “deemed gains”, from the disposition of capital property in the beneficiary’s taxation year in which the particular year ends equal to the amount by which the amount obtained by dividing the amount of the allocated gain by the fraction in paragraphs a to d of section 231.0.1 that applies to the trust for the particular year exceeds the amount claimed by the beneficiary not exceeding the beneficiary’s exempt capital gains balance for the year in respect of the trust;

(b)  notwithstanding section 668 and except as a consequence of the application of paragraph a, the amount of the allocated gain shall not be included in computing the beneficiary’s income for the beneficiary’s taxation year in which the particular year ends;

(c)  the trust shall disclose to the beneficiary in prescribed form the portion of the deemed gains that are in respect of capital gains realized on dispositions of property that occurred before 28 February 2000, after 27 February 2000 but before 18 October 2000, and after 17 October 2000 and, failing which, the deemed gains are deemed to be in respect of capital gains realized on dispositions of property that occurred before 28 February 2000;

(d)  where a trust so elects under this paragraph in its fiscal return filed under this Part for the particular year,

i.  the portion of the deemed gains that are in respect of capital gains from dispositions of property that occurred before 28 February 2000 is deemed to be equal to that proportion of the deemed gains that the number of days that are in the particular year and before 28 February 2000 is of the number of days that are in the particular year,

ii.  the portion of the deemed gains that are in respect of capital gains from dispositions of property that occurred in the particular year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be equal to that proportion of the deemed gains that the number of days that are in the particular year and in that period is of the number of days that are in the particular year, and

iii.  the portion of the deemed gains that are in respect of capital gains from dispositions of property that occurred in the particular year and in the period that began on 18 October 2000 and ended at the end of the particular year is deemed to be equal to that proportion of the deemed gains that the number of days that are in the particular year and in that period is of the number of days that are in the particular year; and

(e)  no amount may be claimed by the beneficiary under section 251.3 in respect of the allocated gain.

2003, c. 2, s. 168.

668.6. Where no amount is designated by a trust under section 668 in respect of its net taxable capital gains for a taxation year that includes 28 February 2000 or 17 October 2000 and the trust has net capital gains or net capital losses from the disposition of property in the year, the following rules apply if the trust so elects under this section in its fiscal return filed under this Part for the year:

(a)  the portion of the net capital gains or net capital losses that are in respect of capital gains and losses from dispositions of property that occurred before 28 February 2000, is deemed to be equal to that proportion of the net capital gains or net capital losses, as the case may be, that the number of days that are in the year and before 28 February 2000 is of the number of days that are in the year;

(b)  the portion of the net capital gains or net capital losses that are in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be equal to that proportion of the net capital gains or net capital losses, as the case may be, that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of the net capital gains or net capital losses that are in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be equal to that proportion of the net capital gains or net capital losses, as the case may be, that the number of days that are in the year and in that period is of the number of days that are in the year.

In the first paragraph,

(a)  the net capital gains of the trust from dispositions of property in the year is the amount by which the trust’s capital gains from dispositions of property in the year exceeds the trust’s capital losses from dispositions of property in the year; and

(b)  the net capital losses of the trust from dispositions of property in the year is the amount by which the trust’s capital losses from dispositions of property in the year exceeds the trust’s capital gains from dispositions of property in the year.

2003, c. 2, s. 168.

668.7. Where a taxpayer is deemed by section 668.5 to have realized capital gains from the disposition of capital property in a taxation year of the taxpayer in respect of dispositions of property by a trust of which the taxpayer is a beneficiary, the following rules apply:

(a)  if the deemed gains are in respect of capital gains of the trust from dispositions of property before 28 February 2000 and the taxation year of the taxpayer includes 27 February 2000, the deemed gains are deemed to be capital gains of the taxpayer from the disposition by the taxpayer of capital property in the year and before 28 February 2000;

(b)  if the deemed gains are in respect of capital gains of the trust from dispositions of property before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the deemed gains is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year;

(c)  if the deemed gains are in respect of capital gains of the trust from dispositions of property before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the deemed gains is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year and before 18 October 2000;

(d)  if the deemed gains are in respect of capital gains of the trust from dispositions of property before 28 February 2000 and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the deemed gains is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year;

(e)  if the deemed gains are in respect of capital gains of the trust from dispositions of property after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the deemed gains is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year;

(f)  if the deemed gains are in respect of capital gains of the trust from dispositions of property after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer includes 28 February 2000 and 17 October 2000, the deemed gains are deemed to be capital gains of the taxpayer from the disposition by the taxpayer of capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000;

(f.1)  if the deemed gains are in respect of capital gains of the trust from dispositions of property after 27 February 2000 but before 17 October 2000, and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, the deemed gains are deemed to be capital gains of the taxpayer from the disposition by the taxpayer of capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000;

(g)  if the deemed gains are in respect of capital gains of the trust from dispositions of property after 27 February 2000 but before 17 October 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, the deemed gains are deemed to be capital gains of the taxpayer from the disposition by the taxpayer of capital property in the year; and

(h)  in any other case, the deemed gains are deemed to be capital gains of the taxpayer from the disposition of capital property by the taxpayer in the year and after 17 October 2000.

2003, c. 2, s. 168; 2009, c. 5, s. 209.

668.8. Where an amount is designated under section 668 in respect of a beneficiary by a trust for a particular taxation year of the trust that ends in a taxation year of the beneficiary that includes 28 February 2000 or 17 October 2000 and section 668.5 does not apply in respect of the designated amount, the following rules apply:

(a)  notwithstanding section 668 and except as a consequence of the application of paragraph b, the designated amount shall not be included in computing the beneficiary’s income;

(b)  the beneficiary is deemed to have a capital gain from the disposition by the beneficiary of capital property on the day on which the particular year ends for an amount equal to the amount by which the amount determined by dividing the designated amount by the fraction in section 231 that applies in respect of the trust for the particular year exceeds the amount claimed by the beneficiary, which amount may not be greater than the beneficiary’s exempt capital gains balance for the year in respect of the trust; and

(c)  no amount may be claimed under section 251.3 by the beneficiary in respect of the designated amount.

2003, c. 2, s. 168.

669. (Repealed).

1975, c. 21, s. 17; 1975, c. 22, s. 187; 1978, c. 26, s. 113; 1982, c. 56, s. 14; 1987, c. 21, s. 15; 1989, c. 5, s. 79.

669.1. Where a testamentary trust has, in a taxation year throughout which it was resident in Canada, received a pension benefit or a benefit out of or under a foreign retirement arrangement and has designated, in its fiscal return for the year under this Part, an amount in respect of a beneficiary under the trust equal to such portion, in this section referred to as the “beneficiary’s share”, of the benefit as was designated by the trust exclusively in respect of the beneficiary and as may reasonably be considered, having regard to all the circumstances including the terms and conditions of the trust arrangement, to be part of the amount that, by reason of section 663, was included in computing the income of the beneficiary for a particular taxation year, the beneficiary’s share of the benefit is deemed, for the purposes of section 752.0.8, to be a payment described in subparagraph i of paragraph a of that section that is included in computing the beneficiary’s income for the particular taxation year where the benefit is an amount described in that subparagraph i and the beneficiary was the spouse of the settlor of the trust.

1984, c. 15, s. 146; 1988, c. 18, s. 58; 1989, c. 5, s. 80; 1991, c. 25, s. 82; 1993, c. 16, s. 244; 1994, c. 22, s. 236; 1997, c. 85, s. 102; 1999, c. 83, s. 59.

669.1.1. (Repealed).

1991, c. 25, s. 83; 1999, c. 83, s. 60.

669.2. The amount received by a testamentary trust in a taxation year upon or after the death of an employee in recognition of his service in an office or employment shall be deemed to be an amount received by a particular beneficiary in the trust at the particular time upon or after the death of the employee in recognition of the employee’s service in an office or employment and not to have been received by the trust to the extent that the amount may reasonably be considered, having regard to all the circumstances including the terms and conditions of the trust arrangement, to be paid or payable at the particular time to the particular beneficiary.

1984, c. 15, s. 146.

669.3. For the purposes of sections 657 and 663, the amount designated by a trust in its fiscal return filed under this Part for a taxation year beginning before 1 January 2007 throughout which it was resident in Canada which does not exceed the amount determined in accordance with section 669.4 is deemed to have become payable by the trust to its beneficiaries in the year according to the share designated in the fiscal return for each of the beneficiaries.

The first paragraph does not apply unless the designated shares referred to in that paragraph are reasonable having regard to the portions of the income of the trust for the year determined without reference to the provisions of this Act which are included in computing the income of the beneficiaries for the year.

1986, c. 15, s. 94; 1989, c. 5, s. 81; 1990, c. 59, s. 236; 2005, c. 1, s. 130.

669.4. For the purposes of the first paragraph of section 669.3, the amount that may be designated by a trust under that section in respect of a taxation year shall not exceed the amount determined by the formula

(A − B) × C / D.

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that

i.  is not deductible in computing the trust’s income for the year, but that would be deductible were it not for section 144, or

ii.  is required to be included in computing the trust’s income for the year under section 89 or 425 or because of an amount designated under section 669.3 by another trust;

(b)  B is the aggregate of all amounts each of which is an amount that

i.  is deductible in computing the trust’s income for the year under section 145, otherwise than because of the membership of the trust in a partnership, or

ii.  is not included in computing the trust’s income for the year, but that would be deductible were it not for section 486;

(c)  C is the aggregate of all amounts each of which is a portion of the trust’s income for the year, determined without reference to the provisions of this Act, that is payable in the year to a beneficiary of the trust or that is required to be included in computing the income of such a beneficiary for the year under section 662; and

(d)  D is the trust’s income for the year, determined without reference to the provisions of this Act.

1986, c. 15, s. 94; 1987, c. 67, s. 131; 1994, c. 22, s. 237; 1997, c. 3, s. 71; 2005, c. 1, s. 130.

669.5. If a testamentary trust receives, in a taxation year, an amount under an income-averaging annuity contract respecting income from artistic activities, that amount is deemed, for the purposes of paragraphs c and d.1 of section 312 and section 1129.68, to be an amount received at a particular time by a particular beneficiary under the trust, and not to have been received by the trust, to the extent that the amount may reasonably be considered, having regard to the circumstances and the terms and conditions of the trust arrangement, to be paid or payable at the particular time to the particular beneficiary.

2005, c. 23, s. 54.

670. (Repealed).

1972, c. 23, s. 507; 1978, c. 26, s. 114; 1990, c. 59, s. 237.

670.1. (Repealed).

1984, c. 15, s. 147; 1988, c. 18, s. 59; 1990, c. 59, s. 237.

670.2. (Repealed).

1988, c. 18, s. 60; 1990, c. 59, s. 237.

671. For the purposes of this section and sections 146.1, 671.1 and 772.2 to 772.13, an amount in respect of a trust’s income for a particular taxation year of the trust from a source situated in a foreign country, is deemed to be income of a taxpayer, for the taxation year of the taxpayer in which the particular year ends, from that source if

(a)  the amount is designated by the trust, in respect of the taxpayer, in the trust’s fiscal return filed under this Part for the particular year and may reasonably be considered, having regard to all the circumstances including the terms and conditions of the trust arrangement, to be part of the amount that, because of section 659 or paragraph a of section 663, was included in computing the income for that taxation year of the taxpayer;

(b)  the taxpayer is in the particular year a beneficiary under the trust;

(c)  the trust is, throughout the particular year, resident in Canada; and

(d)  the aggregate of all amounts each of which is an amount designated, under this section in respect of that source, by the trust in respect of a beneficiary under the trust in the trust’s fiscal return filed under this Part for the particular year is not greater than the trust’s income for the particular year from that source.

1972, c. 23, s. 508; 1972, c. 26, s. 52; 1973, c. 18, s. 23; 1982, c. 5, s. 139; 1984, c. 15, s. 148; 1990, c. 59, s. 238; 1995, c. 63, s. 47; 2009, c. 5, s. 210.

671.1. A taxpayer who is a beneficiary under a trust is deemed, for the purposes of this section and sections 146.1 and 772.2 to 772.13, to have paid to the government of a foreign country or political subdivision of a foreign country, as business-income tax or non-business-income tax, as the case may be, for a particular taxation year in respect of a particular source situated in that country, the amount determined by the formula

A × B / C.

For the purposes of the formula in the first paragraph,

(a)  A is the amount that, but for section 671.3, would be the business-income tax or non-business-income tax, as the case may be, paid by the trust to the government of the foreign country or political subdivision of the foreign country in respect of the particular source for a taxation year, referred to in this paragraph as “that year”, of the trust that ends in the particular year;

(b)  B is the amount deemed, because of a designation made in accordance with section 671 for that year by the trust, to be the taxpayer’s income from the particular source; and

(c)  C is the trust’s income for that year from the particular source.

1995, c. 63, s. 48.

671.2. For the purposes of sections 772.2 to 772.13, there shall be deducted in computing a trust’s income from a particular source for a taxation year the aggregate of all amounts each of which is an amount deemed, because of a designation under section 671 by the trust for the year, to be income of beneficiaries under the trust from that source.

1995, c. 63, s. 48.

671.3. For the purposes of sections 146.1 and 772.2 to 772.13, there shall be deducted in computing the business-income tax or non-business-income tax, as the case may be, paid by a trust to the government of a foreign country or political subdivision of a foreign country in respect of a particular source situated in that country for a taxation year the aggregate of all amounts each of which is an amount deemed, because of a designation under section 671 by the trust for the year, to be paid by beneficiaries under the trust as business-income tax or non-business-income tax, as the case may be, in respect of that source.

1995, c. 63, s. 48.

671.4. In sections 671 to 671.3, “business-income tax” and “non-business-income tax” have the meanings assigned by section 772.2.

1995, c. 63, s. 48.

CHAPTER V.1 BENEFICIARY UNDER A DESIGNATED TRUST

2004, c. 21, s. 96.

671.5. In this chapter,

“designated beneficiary” under a designated trust for a taxation year of the designated trust means a beneficiary under the designated trust or, where the beneficiary under the designated trust is a partnership, a member of the partnership, who has for the year, with any person or partnership with whom or with which the member is not dealing at arm’s length, a share of the aggregate of the income interests in the designated trust that is an amount of $5,000 or more, or a share of the aggregate of the income interests in the designated trust or of the aggregate of the capital interests in the designated trust that corresponds to at least 10% of the aggregate of the income interests or of the aggregate of the capital interests in the designated trust;

“designated trust” means a trust that is resident in Canada but outside Québec on the last day of a taxation year, but does not include a unit trust or a trust described in any of paragraphs a to e.1 of the definition of “trust” in subsection 1 of section 108 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2004, c. 21, s. 96.

671.6. For the purposes of this chapter, the Minister may determine that a beneficiary under a designated trust for a taxation year of the designated trust, or a member of a partnership that is a beneficiary under a designated trust for a taxation year of the designated trust, is a designated beneficiary under the designated trust for the year, if the Minister is of the opinion that the share, for the year, of the aggregate of the income interests or of the aggregate of the capital interests in the designated trust of the beneficiary or member, or of the aggregate of the income interests or of the aggregate of the capital interests in the designated trust of any person or partnership with whom or with which the beneficiary or member is not dealing at arm’s length, has been reduced by reason of a transaction or event or a series of transactions or events.

2004, c. 21, s. 96.

671.7. Where a designated trust, in its fiscal return for a taxation year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 or 13.2 of section 104 of that Act, designates an amount in respect of a beneficiary under the designated trust who is a designated beneficiary for the year or a partnership at least one member of which is a designated beneficiary for the year, the presumption in the first paragraph of section 663.1 or 663.2 does not apply in respect of the amount so designated in respect of that designated beneficiary or does not apply in respect of the amount that may reasonably be considered to relate to the share of the designated beneficiary who is a member of the partnership in the amount so designated in respect of that partnership.

2004, c. 21, s. 96.

671.8. Every beneficiary under a designated trust for a particular taxation year of the designated trust shall enclose with the fiscal return the beneficiary is required to file under section 1000 for the beneficiary’s taxation year in which the particular year ends, or would be required to so file if tax were payable by the beneficiary under this Part for the beneficiary’s taxation year in which the particular year ends and, where the beneficiary under the designated trust for the particular year is a partnership, every member of the partnership shall enclose with the fiscal return the member is required to file under section 1000 for the member’s taxation year in which ends the fiscal period of the partnership in which the particular year ends, or would be required to so file if tax were payable by the member for the member’s taxation year in which that fiscal period ends, an information return, in prescribed form, containing

(a)  the name of the designated trust;

(b)  the name and address of the trustee under the designated trust for the particular year; and

(c)  the date from which the beneficiary is such a beneficiary under the designated trust.

Where the beneficiary referred to in the first paragraph has, for the particular year, with any person or partnership with whom or with which the beneficiary is not dealing at arm’s length, a share of the aggregate of the income interests in the designated trust that is an amount of $5,000 or more, or a share of the aggregate of the income interests in the designated trust or of the aggregate of the capital interests in the designated trust that corresponds to at least 10% of the aggregate of the income interests in the designated trust or of the aggregate of the capital interests in the designated trust, the information return referred to in that paragraph shall also contain the following information, for the particular year and for the four taxation years preceding the particular year:

(a)  any former address of the trustee under the designated trust for the particular year; and

(b)  the name and address of any trustee preceding the trustee under the designated trust for the particular year.

2004, c. 21, s. 96.

671.9. Every designated beneficiary under a designated trust for a particular taxation year of the designated trust shall enclose with the fiscal return the designated beneficiary is required to file under section 1000 for the designated beneficiary’s taxation year in which the particular year ends, or would be required to so file if tax were payable by the designated beneficiary under this Part for the designated beneficiary’s taxation year in which the particular year ends, an information return, in prescribed form, in which the designated beneficiary indicates the amounts that are paid to the designated beneficiary or became payable in the particular year by the designated trust, or that are paid for the benefit of the designated beneficiary, and that were designated by the designated trust in its fiscal return filed for the particular year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 or 13.2 of section 104 of that Act.

Every designated beneficiary who is a member of a partnership that is a beneficiary under the designated trust for a particular taxation year of the designated trust, shall enclose with the fiscal return the designated beneficiary is required to file under section 1000 for the designated beneficiary’s taxation year in which ends the fiscal period of the partnership in which the particular year ends, or would be required to so file if tax were payable by the designated beneficiary under this Part for the designated beneficiary’s taxation year in which ends the partnership’s fiscal period in which the particular year ends, an information return, in prescribed form, in which the designated beneficiary indicates the designated beneficiary’s share of the amounts that are paid or became payable in the particular year by the designated trust to the partnership of which the designated beneficiary is a member, or that are paid for the benefit of the designated beneficiary, and that were designated by the designated trust in its fiscal return filed for the particular year under Part I of the Income Tax Act, in accordance with subsection 13.1 or 13.2 of section 104 of that Act.

2004, c. 21, s. 96.

671.10. Every designated beneficiary under a designated trust for a taxation year of the designated trust who omits to include an amount, under section 662 or 663, in computing the designated beneficiary’s income for a particular taxation year, in relation to an amount designated by the designated trust in its fiscal return filed for the year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 or 13.2 of section 104 of that Act, incurs a penalty equal to the greater of $100 and 25% of the amount by which

(a)  the tax that would have been payable by the designated beneficiary for the particular year under this Act if

i.  the designated beneficiary’s taxable income for the particular year, determined on the basis of the information provided in the fiscal return filed by the designated beneficiary for the purposes of this Act in respect of the particular year, were computed by adding that portion of the amount determined in the second paragraph that may reasonably be attributed to that omission, and

ii.  the designated beneficiary’s tax payable for the particular year were computed by subtracting from the aggregate of all deductions from the tax otherwise payable by the designated beneficiary for the particular year the portion of any such deduction as may reasonably be attributed to that omission, and by adding to that aggregate any amount not deducted from the tax otherwise payable by the designated beneficiary for the particular year and that is deductible under Book V, if the amount that entitles the designated beneficiary to that deduction is wholly applicable to an amount that was not reported by the designated beneficiary in the fiscal return filed by the designated beneficiary for the purposes of this Act in respect of the particular year and that were required to be included in computing the designated beneficiary’s income for the particular year, under section 662 or 663, in relation to an amount designated by a designated trust in accordance with subsection 13.1 or 13.2 of section 104 of the Income Tax Act; exceeds

(b)  the tax that would have been payable by the designated beneficiary for the particular year under this Act had it been determined on the basis of the information provided in the designated beneficiary’s fiscal return filed for the purposes of this Act in respect of the particular year.

The amount to which subparagraph i of subparagraph a of the first paragraph refers in respect of a designated beneficiary under a designated trust for a taxation year of the designated trust is the aggregate of

(a)  the amount by which the aggregate of the amounts that were not indicated by the designated beneficiary in the fiscal return filed by the designated beneficiary for the purposes of this Act in respect of the particular year and that were required to be included in computing the designated beneficiary’s income for the particular year, under section 662 or 663, in relation to an amount designated by the designated trust in accordance with subsection 13.1 or 13.2 of section 104 of the Income Tax Act, exceeds the aggregate of the amounts that were not deducted by the designated beneficiary in computing the designated beneficiary’s taxable income for the particular year indicated by the designated beneficiary in the fiscal return, were deductible in computing the designated beneficiary’s taxable income under this Act and were wholly applicable to the amounts that were required to be so included therein; and

(b)  the amount by which the aggregate of amounts, other than those provided for in sections 727 to 737, deducted by the designated beneficiary in computing the designated beneficiary’s taxable income for the particular year indicated by the designated beneficiary in the fiscal return for the purposes of this Act in respect of the particular year exceeds the aggregate of amounts, other than those provided for in sections 727 to 737, deductible in computing the designated beneficiary’s taxable income for the particular year under this Act.

For the purposes of the first paragraph, the taxable income of a designated beneficiary under a designated trust for a taxation year of the designated trust, determined on the basis of information provided in the designated beneficiary’s fiscal return for the purposes of this Act in respect of the particular year, is deemed not to be less than zero.

However, the penalty provided for in the first paragraph does not apply where the designated beneficiary under a designated trust for a taxation year of the designated trust incurs in respect of the omission the penalty provided for in section 1049.

2004, c. 21, s. 96; 2005, c. 1, s. 131.

CHAPTER VI

Repealed, 1990, c. 59, s. 239.

1990, c. 59, s. 239.

672. (Repealed).

1975, c. 22, s. 188; 1984, c. 15, s. 149; 1985, c. 25, s. 108; 1990, c. 59, s. 239.

673. (Repealed).

1975, c. 22, s. 188; 1977, c. 26, s. 73; 1978, c. 26, s. 115; 1985, c. 25, s. 109; 1990, c. 59, s. 239.

674. (Repealed).

1975, c. 22, s. 188; 1977, c. 26, s. 74; 1978, c. 26, s. 116; 1984, c. 15, s. 150; 1985, c. 25, s. 110; 1990, c. 59, s. 239.

675. (Repealed).

1975, c. 22, s. 188; 1978, c. 26, s. 117; 1990, c. 59, s. 239.

676. (Repealed).

1975, c. 22, s. 188; 1977, c. 26, s. 75; 1984, c. 15, s. 151; 1985, c. 25, s. 111; 1990, c. 59, s. 239.

676.1. (Repealed).

1984, c. 15, s. 151; 1985, c. 25, s. 111; 1990, c. 59, s. 239.

CHAPTER VII TESTAMENTARY TRUST

1972, c. 23.

677. Notwithstanding any inconsistent provision of this Part, the rules provided in this chapter apply to a testamentary trust.

For the purposes of this chapter, “testamentary trust”, in a taxation year, means a trust that arose upon and as a consequence of the death of an individual, including a trust referred to in section 7.4.1, but does not include

(a)  a trust created by a person other than the individual;

(b)  a trust created after 12 November 1981 if, before the end of the taxation year, property was contributed to the trust otherwise than by an individual on or after his death, and as a consequence thereof;

(c)  a trust created before 13 November 1981 if after 28 June 1982 property has been contributed to the trust otherwise than by an individual on or after his death and as a consequence thereof, or if before the end of the taxation year, the fair market value of the property owned by the trust that was contributed to the trust otherwise than by an individual on or after his death and as a consequence thereof and the property owned by the trust that was substituted for such property exceeds the fair market value of the property owned by the trust that was contributed by an individual on or after his death and as a consequence thereof and the property owned by the trust that was substituted for such property, and for the purposes of this paragraph, the fair market value of any property shall be determined as at the time it was acquired by the trust; and

(d)  a trust that, at any time after 20 December 2002 and before the end of the taxation year, incurs a debt or any other obligation owed to, or guaranteed by, a beneficiary or any other person or partnership, which beneficiary, person or partnership is referred to in this subparagraph as the “specified party”, with whom a beneficiary under the trust does not deal at arm’s length, other than a debt or other obligation

i.  incurred by the trust in satisfaction of the specified party’s right as a beneficiary under the trust

(1)  to enforce payment of an amount of the trust’s income or capital gains payable at or before that time by the trust to the specified party, or

(2)  to otherwise receive any part of the capital of the trust,

ii.  owed to the specified party, if the debt or other obligation arose because of a service, not including any transfer or loan of property, rendered by the specified party to, for or on behalf of the trust, or

iii.  owed to the specified party, if

(1)  the debt or other obligation arose because of a payment made by the specified party for or on behalf of the trust,

(2)  in exchange for the payment, the trust transfers property, the fair market value of which is not less than the principal amount of that debt or other obligation, to the specified party within 12 months after the payment was made or, if written application has been made to the Minister by the trust within that 12-month period, within any longer period that the Minister considers reasonable in the circumstances, and

(3)  it is reasonable to conclude that the specified party would have been willing to make the payment if the specified party dealt at arm’s length with the trust, unless the trust is the individual’s succession and that payment was made within the first 12 months after the individual’s death or, if written application has been made to the Minister by the succession within that 12-month period, within any longer period that the Minister considers reasonable in the circumstances.

1972, c. 23, s. 509; 1984, c. 15, s. 152; 1986, c. 19, s. 136; 1995, c. 49, s. 154; 2009, c. 5, s. 211.

677.1. For the purposes of section 677, a contribution to a trust does not include a qualifying expenditure (within the meaning of section 118.04 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) of a beneficiary under the trust.

2010, c. 25, s. 51.

678. (Repealed).

1972, c. 23, s. 510; 1997, c. 31, s. 68; 2009, c. 5, s. 212.

679. (Repealed).

1972, c. 23, s. 511; 2009, c. 5, s. 212.

680. The income of a person, for a taxation year, from a testamentary trust is deemed to be the aggregate of the benefits received by him for any taxation year of the trust that has ended during such year, determined under the provisions of this Title except for sections 683 to 692.

1972, c. 23, s. 512; 1973, c. 17, s. 77.

681. Where an individual with an income from a testamentary trust died after the end of a taxation year of the trust and before the end of the calendar year during which that taxation year ended, his income from the trust for the period commencing immediately after the end of the taxation year of the trust and ending at the time of death shall be included in computing the individual’s income for the year in which he died unless his legal representative has elected otherwise, in which case the legal representative shall file a separate fiscal return under this Part for the period comprised between the end of the taxation year of the trust and the date of the death and pay the tax for the period under this Part as if

(a)  the individual were another person;

(b)  the period were a taxation year;

(c)  that other person’s only income for the period were the individual’s income from the trust for that period; and

(d)  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual was entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 for the period in computing the individual’s taxable income or the individual’s tax payable under this Part, as the case may be, for the period.

1972, c. 23, s. 513; 1973, c. 17, s. 78; 1986, c. 19, s. 137; 1989, c. 5, s. 82; 1993, c. 64, s. 40; 1994, c. 22, s. 238; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2001, c. 53, s. 90; 2005, c. 1, s. 132; 2006, c. 36, s. 45.

682. Instead of making the payments required by sections 1025, 1026 and 1026.0.1, the testamentary trust shall pay to the Minister, within 90 days after the end of each taxation year, the tax payable under this Part by it for the year.

1972, c. 23, s. 514; 1995, c. 49, s. 155.

CHAPTER VIII DISPOSITION OF AN INTEREST

1972, c. 23.

683. In this chapter,

“capital interest” of a taxpayer in a trust means all rights of the taxpayer as a beneficiary under the trust, and after 31 December 1999 includes a right, other than a right acquired before 1 January 2000 and disposed of before 1 March 2000, to enforce payment of an amount by the trust that arises as a consequence of any such right, but does not include an income interest in the trust;

“eligible offset” at any time of a taxpayer in respect of all or part of the taxpayer’s capital interest in a trust is the portion of any debt or obligation that is assumed by the taxpayer and that can reasonably be considered to be applicable to property distributed at that time as consideration for the interest or part of the interest, as the case may be, if the distribution is conditional upon the assumption by the taxpayer of the portion of the debt or obligation;

“income interest” of a taxpayer in a trust means a right, whether immediate or future and whether absolute or contingent, of the taxpayer as a beneficiary under a personal trust to, or to receive, all or any part of the income of the trust and, after 31 December 1999, includes a right, other than a right acquired before 1 January 2000 and disposed of before 1 March 2000, to enforce payment of an amount by the trust that arises as a consequence of any such right.

1972, c. 23, s. 515; 1989, c. 77, s. 71; 1990, c. 59, s. 240; 2003, c. 2, s. 169.

684. A taxpayer who disposes in a taxation year of an income interest of the taxpayer in a trust shall, if section 685 does not apply, include in computing the taxpayer’s income for the year the amount by which the proceeds of disposition exceed, where that interest includes a right to enforce payment of an amount by the trust, the amount in respect of that right that has been included in computing the taxpayer’s income for a taxation year because of section 663.

The disposition referred to in the first paragraph is deemed not to give rise to any capital gain or capital loss, to the taxpayer, and the cost of any property received by the taxpayer as consideration is the fair market value of the property at the time of the disposition.

1972, c. 23, s. 516; 2003, c. 2, s. 169.

685. Any trust distributing, at a particular time, any property owned by it to a beneficiary in satisfaction of all or any part of his income interest in the trust, is deemed to dispose of such property at its fair market value at that time.

1972, c. 23, s. 517; 1973, c. 17, s. 79; 2001, c. 7, s. 71.

686. In computing a taxpayer’s taxable capital gain from the disposition of property that is all or any part of the taxpayer’s capital interest in a personal trust or a prescribed trust, the adjusted cost base to the taxpayer of the property immediately before the disposition is deemed to be equal to the greater of

(a)  the adjusted cost base, otherwise determined, to the taxpayer of the property immediately before that time; and

(b)  the amount by which the cost amount to the taxpayer of the property immediately before that time exceeds the aggregate of all amounts deducted under paragraph b.1 of section 257 in computing the adjusted cost base to the taxpayer of the property immediately before the disposition.

The presumption referred to in the first paragraph does not apply where any part of such interest has ever been acquired for consideration and, at the time of disposition, the trust is not resident in Canada.

Where a taxpayer other than a mutual fund trust disposes of all or any part of the capital interest in a trust, the taxpayer’s loss from the disposition is deemed to be equal to the amount by which the amount of that loss otherwise determined exceeds the amount by which

(a)  the aggregate of all amounts each of which is an amount that was received or would, but for section 666, have been received by the trust on a share of the capital stock of a corporation before the disposition, and, where the trust is a unit trust, after 31 December 1987, and

i.  where the taxpayer is a corporation,

(1)  was a taxable dividend that was designated under section 666 by the trust in respect of the taxpayer, to the extent that the amount of the dividend was deductible because of sections 738 to 745 or section 845 in computing the taxpayer’s taxable income for any taxation year, or

(2)  was an amount designated under section 667 by the trust in respect of the taxpayer,

ii.  where the taxpayer is another trust, was an amount designated under section 666 or 667 by the trust in respect of the taxpayer, and

iii.  where the taxpayer is not a corporation, trust or partnership, was an amount designated under section 667 by the trust in respect of the taxpayer; exceeds

(b)  the portion of the aggregate determined in accordance with subparagraph a that may reasonably be considered to have resulted in a reduction, under this paragraph, of the taxpayer’s loss otherwise determined from a previous disposition of an interest in the trust.

Where a partnership disposes of all or any part of the capital interest in a trust, the share of a person, other than another partnership or a mutual fund trust, of any loss of the partnership from the disposition is deemed to be equal to the amount by which the amount of that loss otherwise determined exceeds the amount by which

(a)  the aggregate of all amounts each of which is an amount that was received or would, but for section 666, have been received by the trust on a share of the capital stock of a corporation before the disposition, and, where the trust is a unit trust, after 31 December 1987, and

i.  where the person is a corporation,

(1)  was a taxable dividend that was designated under section 666 by the trust in respect of the partnership, to the extent that the amount of the dividend was deductible because of sections 738 to 745 or section 845 in computing the person’s taxable income for any taxation year, or

(2)  was a dividend designated under section 667 by the trust in respect of the partnership and was an amount received by the person,

ii.  where the person is an individual other than a trust, was a dividend designated under section 667 by the trust in respect of the partnership and was an amount received by the person, and

iii.  where the person is another trust, was a dividend designated under section 666 or 667 by the trust in respect of the partnership and was an amount received by the person, or that would have been received by the person if this Part were read without reference to section 666; exceeds

(b)  the portion of the aggregate determined in accordance with subparagraph a that may reasonably be considered to have resulted in a reduction, under this paragraph, of the person’s loss otherwise determined from a previous disposition of an interest in the trust.

1972, c. 23, s. 518; 1973, c. 17, s. 80; 1984, c. 15, s. 153; 1990, c. 59, s. 241; 1993, c. 16, s. 245; 1995, c. 49, s. 156; 1996, c. 39, s. 176; 1997, c. 3, s. 71; 2000, c. 5, s. 147; 2001, c. 7, s. 72; 2003, c. 2, s. 170.

687. The cost to a taxpayer of a capital interest in a personal trust or a prescribed trust is deemed to be

(a)  where the taxpayer elects under section 726.9.2 in respect of the interest and the trust does not elect under that section in respect of any property of the trust, equal to the taxpayer’s cost of the interest determined under subparagraph a of the first paragraph of section 726.9.2; and

(b)  in any other case, nil, unless

i.  any part of the interest was acquired by the taxpayer from a person who was the beneficiary in respect of the interest immediately before its acquisition by the taxpayer, or

ii.  the cost of any part of the interest would be determined not to be nil under sections 242 to 247.1, as they read before 1 January 1993, subparagraph c of the second paragraph of section 736 and the third paragraph of that section, paragraph c of section 785.1 or subparagraph c of the first paragraph of section 785.2.

1975, c. 22, s. 189; 1984, c. 15, s. 154; 2000, c. 5, s. 147; 2003, c. 2, s. 171; 2009, c. 5, s. 215.

688. Subject to sections 688.0.0.1, 688.0.0.2 and 691 to 692, if at a particular time a property of a personal trust or a prescribed trust is distributed (otherwise than as a SIFT trust wind-up event) by the trust to a taxpayer who was a beneficiary under the trust and there is a resulting disposition of all or any part of the taxpayer’s capital interest in the trust, the following rules apply:

(a)  the trust is deemed to dispose of the property for proceeds of disposition equal to its cost amount to the trust immediately before that time;

(b)  the taxpayer is, subject to section 688.2, deemed to acquire the property at a cost equal to the total of its cost amount to the trust immediately before that time and the specified percentage of the amount by which the adjusted cost base to the taxpayer of the capital interest or part thereof immediately before that time, determined without reference to the first paragraph of section 686, exceeds the cost amount to the taxpayer of the capital interest or part thereof immediately before that time;

(c)  the taxpayer is deemed to dispose of all or part, as the case may be, of the taxpayer’s capital interest in the trust for proceeds of disposition equal to the amount by which the cost at which the taxpayer would be deemed under paragraph b to acquire the property if the specified percentage referred to in that paragraph were 100% exceeds the aggregate of all amounts each of which is an eligible offset at that time of the taxpayer in respect of the capital interest or the part thereof;

(d)  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations made under paragraph a of section 130 or under section 130.1, where the property distributed was depreciable property of a prescribed class of the trust and the amount that was the capital cost to the trust of such property exceeds the cost at which, in accordance with sections 688, 689, 691 and 692, the taxpayer is deemed to acquire the property, the following rules apply:

i.  the capital cost of the property to the taxpayer is deemed to be the capital cost of the property to the trust, and

ii.  the excess is deemed to have been allowed to the taxpayer as depreciation in respect of the property for the taxation years preceding the acquisition by him of the property;

(d.1)  the property is deemed to be taxable Canadian property of the taxpayer where

i.  the taxpayer is not resident in Canada at that time,

ii.  that time is before 2 October 1996, and

iii.  the property is deemed under subparagraph d of the first paragraph of section 301, any of sections 521, 538, 540.4 and 554 or subparagraph c of the second paragraph of section 614 to be taxable Canadian property of the trust; and

(e)  where the property distributed was incorporeal capital property of the trust in respect of a business of the trust, the following rules apply:

i.  (subparagraph repealed);

ii.  for the purposes of Division III of Chapter II of Title III, Chapter III of Title III and sections 188 and 189, where the incorporeal capital amount of the trust in respect of the property exceeds the cost at which the taxpayer is deemed, under this section, to have acquired the property,

(1)  the incorporeal capital amount of the taxpayer in respect of the property is deemed to be the incorporeal capital amount of the trust in respect of the property, and

(2)  3/4 of the excess are deemed to have been deducted by the taxpayer in respect of the property under paragraph b of section 130 in computing income for taxation years ending before the acquisition by the taxpayer of the property and after the adjustment time, within the meaning of section 107.1, of the taxpayer in respect of the business, and

iii.  for the purpose of determining after the particular time the amount required by paragraph b of section 105 to be included in computing the taxpayer’s income in respect of any subsequent disposition of property of the business, there shall be added to the amount otherwise determined under subparagraph ii of subparagraph a of the second paragraph of section 107, the proportion of the amount determined under that subparagraph ii in respect of the business of the trust immediately before the particular time that the fair market value, immediately before the particular time, of the incorporeal capital property is of the fair market value, immediately before the particular time, of all the incorporeal capital property of the trust in respect of the business.

For the purposes of subparagraph b of the first paragraph, the specified percentage is

(a)  where the property is capital property other than depreciable property, 100%;

(b)  where the property is incorporeal capital property in respect of a business of the trust, 100%; and

(c)  in any other case, 50%.

1972, c. 23, s. 519; 1973, c. 17, s. 81; 1975, c. 22, s. 190; 1977, c. 26, s. 76; 1979, c. 18, s. 55; 1990, c. 59, s. 242; 1993, c. 16, s. 246; 1994, c. 22, s. 239; 1996, c. 39, s. 177; 2000, c. 5, s. 148; 2001, c. 7, s. 73; 2003, c. 2, s. 172; 2005, c. 1, s. 133; 2009, c. 5, s. 216; 2010, c. 25, s. 52.

688.0.0.1. If a trust makes a distribution of a property to a beneficiary under the trust in full or partial satisfaction of the beneficiary’s capital interest in the trust and makes a valid election under subsection 2.001 of section 107 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the distribution of property, section 688 does not apply to the distribution if

(a)  the trust is resident in Canada at the time of the distribution;

(b)  the property is taxable Canadian property; or

(c)  the property is capital property used in, incorporeal capital property in respect of, or property included in the inventory of, a business carried on by the trust through an establishment in Canada immediately before the time of the distribution.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2.001 of section 107 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2003, c. 2, s. 173; 2005, c. 1, s. 134; 2009, c. 5, s. 217.

688.0.0.2. If a trust that is not resident in Canada makes a distribution of a property, other than a property described in subparagraph b or c of the first paragraph of section 688.0.0.1, to a beneficiary under the trust in full or partial satisfaction of the beneficiary’s capital interest in the trust, and the beneficiary makes a valid election under subsection 2.002 of section 107 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the distribution of property, the following rules apply:

(a)  section 688 does not apply to the distribution; and

(b)  for the purposes of subparagraph b of the first paragraph of section 686, the cost amount of the interest to the beneficiary is deemed to be nil.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2.002 of section 107 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2003, c. 2, s. 173; 2009, c. 5, s. 218.

688.0.1. If, at any time, a property is distributed by a personal trust to a taxpayer in circumstances in which section 688 applies, the property would, if the trust had so designated the property under section 274.0.1, be a principal residence, within the meaning of that section, of the trust for a taxation year, and the trust makes a valid election under subsection 2.01 of section 107 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the distribution of property, the following rules apply:

(a)  the trust is deemed to have disposed of the property immediately before the particular time that is immediately before that time for proceeds of disposition equal to the fair market value of the property at that time; and

(b)  the trust is deemed to have reacquired the property at the particular time-a-cost equal to that fair market value.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2.01 of section 107 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1993, c. 16, s. 247; 1994, c. 22, s. 240; 2001, c. 7, s. 74; 2003, c. 2, s. 174; 2005, c. 23, s. 55; 2009, c. 5, s. 219.

688.1. Where at a particular time a property of a trust is distributed by the trust to a beneficiary under the trust, there would, if this Part were read without reference to subparagraphs d and e of the second paragraph of section 248, be a resulting disposition of all or any part of the beneficiary’s capital interest in the trust, in this section referred to as the “former interest”, and the rules in Title I.2 of Book VI and in sections 569.0.2, 688 and 688.4 do not apply in respect of the distribution, the following rules apply:

(a)  the trust is deemed to dispose of the property for proceeds of disposition equal to its fair market value at that time;

(b)  the beneficiary is deemed to acquire the property at a cost equal to the proceeds referred to in subparagraph a;

(c)  subject to subparagraph e, the beneficiary’s proceeds of disposition of the portion of the former interest disposed of by the beneficiary on the distribution are deemed to be equal to the amount by which the proceeds referred to in subparagraph a, other than the portion of the proceeds that is a payment to which subparagraph d or e of the second paragraph of section 248 applies, exceed the amount determined under the second paragraph;

(d)  notwithstanding subparagraphs a to c, where the trust is not resident in Canada at that time, the property is not described in subparagraph b or c of the first paragraph of section 688.0.0.1 and, but for this subparagraph, there would be no income, loss, taxable capital gain or allowable capital loss of a taxpayer in respect of the property by reason of the application of section 467 to the disposition at that time of the property, the following rules apply:

i.  the trust is deemed to dispose of the property for proceeds of disposition equal to the cost amount of the property,

ii.  the beneficiary is deemed to acquire the property at a cost equal to the fair market value of the property, and

iii.  the beneficiary’s proceeds of disposition of the portion of the former interest disposed of by the beneficiary on the distribution are deemed to be equal to the amount by which the fair market value of the property exceeds the aggregate of

(1)  the portion of the amount of the distribution that is a payment to which subparagraph d or e of the second paragraph of section 248 applies, and

(2)  the aggregate of all amounts each of which is an eligible offset at that time of the taxpayer in respect of the former interest; and

(e)  where the trust is a mutual fund trust, the distribution occurs in a taxation year of the trust before its taxation year 2003, the trust has elected under section 688.1.1 for the year and the trust so elects in respect of the distribution in prescribed form filed with the Minister with the trust’s fiscal return for the year, the following rules apply:

i.  this section shall be read without reference to subparagraph c and the second paragraph, and

ii.  the beneficiary’s proceeds of disposition of the portion of the former interest disposed of by the beneficiary on the distribution are deemed to be equal to the amount determined under subparagraph a.

The amount to which subparagraph c of the first paragraph refers is equal to the aggregate of

(a)  where the property referred to in the first paragraph is not a Canadian resource property or foreign resource property, an amount equal to the amount by which the fair market value of the property at the time referred to in that first paragraph exceeds the aggregate of

i.  the cost amount to the trust of the property immediately before that time, and

ii.  the portion, if any, of the excess that would be determined under this subparagraph a if it were read without reference to this subparagraph that is a payment to which subparagraph d or e of the second paragraph of section 248 applies; and

(b)  the aggregate of all amounts each of which is an eligible offset at that time of the beneficiary in respect of the former interest.

1990, c. 59, s. 243; 2000, c. 5, s. 149; 2001, c. 7, s. 75; 2003, c. 2, s. 175; 2009, c. 5, s. 220; 2010, c. 25, s. 53.

688.1.1. If a trust makes one or more distributions of property in a taxation year in circumstances in which section 688.1 applies or, in the case of distributions made after 1 October 1996 and before 1 January 2000, in circumstances in which section 692 applied, the following rules apply:

(a)  where the trust is resident in Canada at the time of each of those distributions, the income of the trust for the year, determined without reference to paragraph a of section 657, is to be computed, for the purposes of that paragraph a and section 663, without regard to all of those distributions to persons not resident in Canada, including a partnership other than a Canadian partnership, if the trust makes a valid election under paragraph a of subsection 2.11 of section 107 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 that applies in relation to all of those distributions; and

(b)  where the trust is resident in Canada at the time of each of those distributions, the income of the trust for the year, determined without reference to paragraph a of section 657, is to be computed, for the purposes of that paragraph a and section 663, without regard to all of those distributions, if the trust makes a valid election under paragraph b of subsection 2.11 of section 107 of the Income Tax Act after 19 December 2006 that applies in relation to all of those distributions.

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph a or b of subsection 2.11 of section 107 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2003, c. 2, s. 176; 2009, c. 5, s. 221.

688.1.2. An election made under section 688.1.1 by a mutual fund trust is deemed, for the trust’s 2003 and subsequent taxation years, not to have been made if

(a)  the election is made after 20 December 2000 and applies to any taxation year that ends before 1 January 2003; and

(b)  the proceeds of disposition of a beneficiary’s interest in the trust have been determined under subparagraph e of the first paragraph of section 688.1.

2003, c. 2, s. 176.

688.2. Where at any time before 1 January 2005 a trust referred to in paragraph c, d or e of the definition of “flow-through entity” in the first paragraph of section 251.1 distributes property to a beneficiary under the trust as consideration for all or a portion of the beneficiary’s interests in the trust and the beneficiary files with the Minister an election in respect of the property on or before the beneficiary’s filing-due date for the taxation year that includes that time, the beneficiary shall include in the cost to the beneficiary of a particular property, other than money, received by the beneficiary as part of the distribution of property the least of

(a)  the amount by which the beneficiary’s exempt capital gains balance, within the meaning of section 251.1, in respect of the trust for the beneficiary’s taxation year that includes that time exceeds the aggregate of all amounts each of which is

i.  an amount by which a capital gain is reduced under Chapter II.1 of Title IV in the year because of the beneficiary’s exempt capital gains balance in respect of the trust,

ii.  subject to the second paragraph, twice an amount by which a taxable capital gain is reduced under Chapter II.1 of Title IV in the year because of the beneficiary’s exempt capital gains balance in respect of the trust, or

iii.  an amount included in the cost to the beneficiary of another property received by the beneficiary at or before that time in the year because of this section;

(b)  the amount by which the fair market value of the particular property at that time exceeds the adjusted cost base to the trust of the particular property immediately before that time; and

(c)  the amount designated in respect of the particular property in the election.

Where the beneficiary’s taxation year includes 28 February 2000 or 17 October 2000 or begins after 28 February 2000 and ends before 17 October 2000, the reference to the word “twice” in subparagraph ii of subparagraph a of the first paragraph shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the beneficiary for the year.

2000, c. 5, s. 150; 2001, c. 7, s. 76; 2003, c. 2, s. 177; 2010, c. 25, s. 54.

688.3. The rules in section 688.4 apply in respect of a trust’s distribution of property to a taxpayer if

(a)  the distribution is a SIFT trust wind-up event to which section 569.0.2 does not apply;

(b)  the property is a share and all the shares distributed on any SIFT trust wind-up event of the trust are of a single class of shares of the capital stock of a taxable Canadian corporation; and

(c)  where the trust is a SIFT wind-up entity, the distribution occurs no more than 60 days after the first SIFT trust wind-up event of the trust or, if it is earlier, the first distribution to the trust that is a SIFT trust wind-up event of another trust.

2010, c. 25, s. 55.

688.4. The rules to which section 688.3 refers, in relation to a trust’s distribution of property, are as follows:

(a)  the trust is deemed to have disposed of the property for proceeds of disposition equal to the adjusted cost base to the trust of the property immediately before the distribution;

(b)  the taxpayer is deemed to have disposed of the taxpayer’s interest as a beneficiary under the trust for proceeds of disposition equal to the cost amount to the taxpayer of the interest immediately before the distribution;

(c)  the taxpayer is deemed to have acquired the property at a cost equal to

i.  if, at all times at which the trust makes a distribution that is a SIFT trust wind-up event, the taxpayer is the only beneficiary under the trust and is a SIFT wind-up entity or a taxable Canadian corporation, the adjusted cost base to the trust of the property immediately before the distribution, and

ii.  in any other case, the cost amount to the taxpayer of the taxpayer’s interest as a beneficiary under the trust immediately before the distribution;

(d)  if the taxpayer’s interest as a beneficiary under the trust was immediately before the disposition taxable Québec property or taxable Canadian property of the taxpayer, the property is deemed to be taxable Québec property or taxable Canadian property of the taxpayer, as the case may be; and

(e)  if a liability of the trust becomes as a consequence of the distribution a liability of the corporation described in paragraph b of section 688.3 in respect of the distribution, and the amount payable by the corporation on the maturity of the liability is equal to the amount that would have been payable by the trust on its maturity,

i.  the transfer of the liability by the trust to the corporation is deemed not to have occurred, and

ii.  the liability is deemed to have been issued by the corporation at the time at which, and under the same agreement as that under which, it was issued by the trust, and not to have been issued by the trust.

2010, c. 25, s. 55.

689. (Repealed).

1972, c. 23, s. 520; 1975, c. 22, s. 191; 1985, c. 25, s. 112; 1987, c. 67, s. 132; 2003, c. 2, s. 178.

690. In this Title, notwithstanding the definition of “cost amount” in section 1, the cost amount to a taxpayer at a particular time of a capital interest or part of a capital interest in a trust, other than a trust that is a foreign affiliate of the taxpayer, means, except for the purposes of section 688.4 and of Chapter X,

(a)  where the trust distributes to the taxpayer money or other property, in satisfaction of all or part of the taxpayer’s capital interest, the aggregate of

i.  the money so distributed,

ii.  all amounts each of which is the cost amount to the trust, immediately before the distribution, of each such other property;

(a.1)  where that time is immediately before the time of death of the taxpayer and sections 653 to 656.1 deem the trust to dispose of property at the end of the day that includes that time, the amount that would be determined under subparagraph b if the taxpayer had died on a day that ended immediately before that time; and

(b)  in any other case, the amount determined by the formula

(A − B) × (C / D).

For the purposes of the formula set forth in subparagraph b of the first paragraph,

(a)  A is the aggregate of

i.  all money of the trust on hand immediately before that time,

ii.  all amounts each of which is the cost amount to the trust, immediately before that time, of each other property;

iii.  (subparagraph repealed);

(b)  B is the aggregate of all amounts each of which is the amount of any debt owing by the trust immediately before that time;

(c)  C is the fair market value, at that time, of the capital interest or any part thereof in the trust;

(d)  D is the fair market value, at that time, of all capital interests in the trust.

1972, c. 23, s. 521; 1973, c. 17, s. 82; 1975, c. 22, s. 192; 1986, c. 15, s. 95; 1990, c. 59, s. 244; 1993, c. 16, s. 248; 1995, c. 49, s. 157; 2001, c. 7, s. 77; 2003, c. 2, s. 179; 2010, c. 25, s. 56.

690.0.1. Notwithstanding any other provision of this Part, where a person or partnership, in this section referred to as the “vendor”, has disposed of property and would, but for this section, have had a loss from the disposition, the vendor’s loss otherwise determined in respect of the disposition shall be reduced by such portion thereof as may reasonably be considered to have accrued during a period in which the following conditions are met:

(a)  the property or property for which it was substituted was owned by a trust; and

(b)  neither the vendor nor a person that would, but for the definition of “controlled” in section 21.0.1, be affiliated with the vendor had a capital interest in the trust.

1989, c. 77, s. 72; 1997, c. 3, s. 71; 2000, c. 5, s. 151.

690.1. Where a trust governed by an employee benefit plan has distributed, at a particular time, property owned by it to a taxpayer who was a beneficiary under the trust in satisfaction of all or any part of the taxpayer’s interest in the trust, the following rules apply:

(a)  the trust is deemed to have disposed of the property for proceeds of disposition equal to its cost amount to the trust immediately before that time;

(b)  the taxpayer is deemed to have acquired the property at a cost equal to the greater of its fair market value at that time and the adjusted cost base of his interest in the trust or part thereof, as the case may be, immediately before that time;

(c)  the taxpayer is deemed to have disposed of his interest in the trust or any part thereof, as the case may be, for proceeds of disposition equal to the adjusted cost base to him of that interest or part thereof, as the case may be, immediately before the particular time;

(d)  for the purposes of sections 93 to 104, 130 and 130.1 and the regulations made under paragraph a of section 130, where the property distributed was depreciable property of a prescribed class of the trust and the amount that was the capital cost to the trust of that property exceeds the cost at which the taxpayer is deemed by paragraph b to have acquired the property,

i.  the capital cost of the property to the taxpayer is deemed to be the capital cost of the property to the trust;

ii.  the excess is deemed to have been allowed to the taxpayer as depreciation in respect of the property for taxation years preceding the acquisition by him of the property.

1982, c. 5, s. 140; 1990, c. 59, s. 245; 2001, c. 7, s. 78.

690.2. Where at a particular time any property of an employee trust or a trust described in subparagraph a.1 of the third paragraph of section 647 is distributed by the trust to a taxpayer who is a beneficiary under the trust as consideration for all or any part of the taxpayer’s interest in the trust, the following rules apply:

(a)  the trust is deemed to have disposed of the property for proceeds of disposition equal to its fair market value at the particular time;

(b)  the taxpayer is deemed to have acquired the property at a cost equal to the proceeds determined in paragraph a in respect thereof;

(c)  the taxpayer is deemed to have disposed of his interest in the trust or part thereof, as the case may be, for proceeds of disposition equal to the adjusted cost base to him of the interest or part thereof, as the case may be, immediately before the particular time;

(d)  for the purposes of sections 93 to 104, 130 and 130.1 and the regulations made under paragraph a of section 130, where the property distributed was depreciable property of a prescribed class of the trust and the amount that was the capital cost of that property to the trust exceeds the cost at which, in accordance with paragraph b, the taxpayer is deemed to acquire the property, the following rules apply:

i.  the capital cost of the property to the taxpayer is deemed to be the capital cost of the property to the trust;

ii.  the excess is deemed to have been allowed to the taxpayer as depreciation in respect of the property for taxation years preceding the acquisition by him of the property.

1982, c. 5, s. 140; 1990, c. 59, s. 245; 2001, c. 7, s. 79; 2003, c. 2, s. 180.

690.3. Where a trust governed by a retirement compensation arrangement has distributed, at a particular time, property owned by it to a taxpayer who was a beneficiary under the trust in satisfaction of all or any part of the taxpayer’s interest in the trust, the following rules apply:

(a)  the trust is deemed to have disposed of the property for proceeds of disposition equal to its fair market value at the particular time;

(b)  the trust is deemed to have paid to the taxpayer as a distribution an amount equal to the proceeds determined in respect of the property under paragraph a;

(c)  the taxpayer is deemed to have acquired the property at a cost equal to the proceeds determined in respect of the property under paragraph a;

(d)  the taxpayer is deemed to have disposed of his interest in the trust or part thereof, as the case may be, for proceeds of disposition equal to the adjusted cost base to him of that interest or part thereof, as the case may be, immediately before the particular time;

(e)  for the purposes of sections 93 to 104, 130 and 130.1 and the regulations made under paragraph a of section 130, where the property distributed was depreciable property of a prescribed class of the trust and the amount that was the capital cost to the trust of that property exceeds the cost at which the taxpayer is deemed by paragraph c to have acquired the property

i.  the capital cost of the property to the taxpayer is deemed to be the capital cost of the property to the trust;

ii.  the excess is deemed to have been allowed to the taxpayer as depreciation in respect of the property for taxation years preceding the acquisition by him of the property.

1989, c. 77, s. 73; 1990, c. 59, s. 246; 2001, c. 7, s. 80.

691. Notwithstanding section 688, the rules set out in section 688.1 apply at any time to property distributed to a beneficiary by a trust described in subparagraph a of the first paragraph and the second paragraph of section 653 where

(a)  the beneficiary is not

i.  in the case of a post-1971 spousal trust, the spouse referred to in subparagraph a of the first paragraph of section 653,

ii.  in the case of an alter ego trust, the taxpayer referred to in subparagraph a of the first paragraph of section 653, and

iii.  in the case of a joint spousal trust, the taxpayer or spouse referred to in subparagraph a of the first paragraph of section 653; and

(b)  the taxpayer or spouse referred to in any of subparagraphs i to iii of paragraph a, as the case may be, is alive on the day of the distribution.

1972, c. 23, s. 522; 1977, c. 26, s. 77; 1984, c. 15, s. 155; 1986, c. 19, s. 138; 1994, c. 22, s. 241; 2001, c. 7, s. 81; 2003, c. 2, s. 181.

691.1. Notwithstanding section 688, the rules set out in section 688.1 apply where any particular property of a particular personal trust or a particular prescribed trust is distributed by the particular trust to a taxpayer who is a beneficiary under the particular trust and where

(a)  the distribution was made as consideration for all or any part of the taxpayer’s capital interest in the particular trust;

(b)  section 467 was applicable at a particular time in respect of any property of

i.  the particular trust, or

ii.  a trust the property of which included a property that, through one or more dispositions to which section 692.8 applied, became a property of the particular trust, and the property was not, at any time after the particular time and before the distribution, the subject of a disposition for proceeds of disposition equal to the fair market value of the property at the time of the disposition;

(c)  the taxpayer is neither

i.  the person, other than a trust described in subparagraph ii of paragraph b, who directly or indirectly transferred the particular property, or a property for which the particular property was substituted, to the particular trust, nor

ii.  an individual in respect of whom section 454 would be applicable on the transfer of capital property by the person described in subparagraph i; and

(d)  the person described in subparagraph i of paragraph c was in existence at the time the particular property was distributed.

1990, c. 59, s. 247; 2001, c. 7, s. 82; 2003, c. 2, s. 182.

691.2. Despite section 688, the rules set out in section 688.1 apply at any time to property distributed after 20 December 2002 to a beneficiary by a personal trust or a trust prescribed for the purposes of section 688, if

(a)  at a particular time before 21 December 2002 there was a qualifying disposition, within the meaning assigned by section 692.5, of the property, or of other property for which the property is substituted, by a particular partnership or a particular corporation to a trust; and

(b)  the beneficiary is neither the particular partnership nor the particular corporation.

2009, c. 5, s. 229.

692. Despite section 688, the rules set out in section 688.1 apply if a property, other than a property referred to in the second paragraph, is distributed by a trust to a taxpayer not resident in Canada, including a partnership other than a Canadian partnership, as consideration for all or part of the taxpayer’s capital interest in the trust.

The property to which the first paragraph refers is

(a)  a share of the capital stock of a non-resident-owned investment corporation; or

(b)  a property referred to in any of subparagraphs i to iii of subparagraph b of the first paragraph of section 785.2;

(c)  (subparagraph repealed);

(d)  (subparagraph repealed);

(e)  (subparagraph repealed);

(f)  (subparagraph repealed);

(g)  (subparagraph repealed);

(h)  (subparagraph repealed).

1972, c. 23, s. 523; 1977, c. 26, s. 78; 1990, c. 59, s. 248; 1994, c. 22, s. 242; 1997, c. 3, s. 71; 2001, c. 7, s. 83; 2003, c. 2, s. 183; 2004, c. 8, s. 134; 2009, c. 5, s. 230.

692.0.1. Where, solely by reason of the application of section 692, subparagraphs a to c of the first paragraph of section 688 do not apply to a distribution in a taxation year of taxable Canadian property by a trust, for the purposes of sections 1025, 1026 and 1026.0.1, the first, second and third paragraphs of section 1038 and any regulations made under those provisions, the aggregate of the taxes payable by the trust under this Part for the year is deemed to be the lesser of

(a)  the aggregate of the taxes payable by the trust under this Part for the year, determined without reference to the specified tax consequences for the year; and

(b)  the amount that would be determined under paragraph a if section 692 did not apply to each distribution in the year of taxable Canadian property to which the rules set out in section 688 do not apply solely by reason of the application of section 692.

2003, c. 2, s. 184.

CHAPTER IX ENVIRONMENTAL TRUSTS

1996, c. 39, s. 178; 2000, c. 5, s. 293.

692.1. Where a taxpayer is a beneficiary under an environmental trust in a taxation year of the trust, in this section referred to as the “trust’s year”, that ends in a particular taxation year of the taxpayer, the following rules apply:

(a)  subject to paragraph b, the taxpayer’s income, non-capital loss and net capital loss for the particular year shall be computed as if the amount of the income or loss of the trust for the trust’s year from any source in Canada or from sources in another place were the income or loss of the taxpayer from that source in Canada or from sources in that other place for the particular year, to the extent of the portion thereof that can reasonably be considered to be the taxpayer’s share of such income or loss; and

(b)  if the taxpayer is not resident in Canada at any time in the particular year and an income or loss described in paragraph a or an amount to which paragraph z or z.1 of section 87 applies would not otherwise be included in computing the taxpayer’s taxable income or taxable income earned in Canada, as the case may be, notwithstanding any other provision of this Act, the income, the loss or the amount shall be attributed to the carrying on of business in Canada by the taxpayer through a fixed place of business located in the province in which the site to which the trust relates is situated.

1996, c. 39, s. 178; 2000, c. 5, s. 152.

692.2. Where property of an environmental trust is transferred at any time to a beneficiary under the trust in satisfaction of all or any part of the beneficiary’s interest as a beneficiary under the trust,

(a)  the trust is deemed to have disposed of the property at that time and to have received proceeds of disposition equal to its fair market value at that time; and

(b)  the beneficiary is deemed to have acquired the property at that time at a cost equal to its fair market value at that time.

1996, c. 39, s. 178; 2000, c. 5, s. 293; 2001, c. 7, s. 84.

692.3. Where a trust ceases at a particular time to be an environmental trust,

(a)  the taxation year of the trust that otherwise would include the particular time is deemed to end immediately before that time and a new taxation year of the trust is deemed to begin at the particular time;

(b)  the trust is deemed to dispose immediately before the time immediately preceding the particular time of each property it holds immediately before the particular time and to receive proceeds of disposition equal to its fair market value at the particular time, and to reacquire at the particular time each such property at a cost equal to that fair market value;

(c)  each beneficiary under the trust immediately before the particular time is deemed to receive at that time from the trust, as a beneficiary under an environmental trust, an amount equal to the portion of the fair market value of the properties of the trust at the particular time that can reasonably be considered to be the beneficiary’s interest in the trust; and

(d)  each beneficiary under the trust is deemed to acquire at the particular time an interest in the trust at a cost equal to the amount deemed by paragraph c to be received by the beneficiary from the trust.

1996, c. 39, s. 178; 2000, c. 5, s. 293.

692.4. Sections 661 to 663, 665, 665.1, 684 to 689, 690.0.1 and 691 to 692 do not apply to a trust with respect to a taxation year during which it is an environmental trust.

1996, c. 39, s. 178; 2000, c. 5, s. 293.

CHAPTER X QUALIFYING DISPOSITION

2003, c. 2, s. 185.

692.5. In this chapter, “qualifying disposition” means a disposition of property made by a person or partnership before 21 December 2002 and a disposition of property made by an individual after 20 December 2002, the person, partnership or individual being in this section referred to as the “contributor”, as a result of a transfer of the property to a particular trust if

(a)  the disposition does not result in a change in the beneficial ownership of the property;

(b)  the proceeds of disposition would, but for sections 422 to 424, 427.4, 454 to 462.0.2 and this chapter, not be determined under any provisions of this Part;

(c)  the particular trust is resident in Canada at the time of the transfer;

(d)  (paragraph repealed);

(e)  unless the contributor is a trust, there is immediately after the disposition no absolute or contingent right of a person or partnership, other than the contributor or, where the property is co-owned, each of the joint contributors, as a beneficiary, determined with reference to section 646.1, under the particular trust;

(f)  the contributor is not an individual, other than a trust described in any of subparagraphs a to d of the third paragraph of section 647, if the particular trust is described in any of those subparagraphs;

(g)  the disposition is not part of a series of transactions or events

i.  that begins after 17 December 1999 and that includes the subsequent acquisition, for a particular consideration given to a personal trust, of a capital interest or an income interest in the trust,

ii.  that begins after 17 December 1999 and that includes the disposition of all or part of a capital interest or an income interest in a personal trust, other than a disposition solely as a consequence of a distribution from a trust to a person or partnership as consideration for all or part of that interest, or

iii.  that begins after 5 June 2000 and that includes the transfer to the particular trust of property as consideration for the acquisition of a capital interest in the particular trust, if the property can reasonably be considered to have been received by the particular trust in order to fund a distribution, other than a distribution that is proceeds of disposition of a capital interest in the particular trust;

(h)  the disposition is not, and is not part of, a transaction that occurs after 17 December 1999 and that includes the giving to the contributor, for the disposition, of any consideration, other than consideration that is an interest of the contributor as a beneficiary under the particular trust or that is the assumption by the particular trust of debt for which the property can, at the time of the disposition, reasonably be considered to be security;

(i)  section 454 does not apply to the disposition and would not apply to the disposition if no election had been made under that section and if sections 454 to 462.0.2 were read without reference to section 454.2; and

(j)  if the contributor is an amateur athlete trust, a cemetery care trust, an employee trust, an inter vivos trust deemed by section 851.25 to exist in respect of a congregation that is a constituent part of a religious organization, a segregated fund trust within the meaning of section 851.2, a trust described in paragraph c.4 of section 998 or a trust governed by an eligible funeral arrangement, a profit sharing plan, a registered education savings plan, a registered disability savings plan, a registered supplementary unemployment benefit plan or a tax-free savings account, the particular trust is the same type of trust.

2003, c. 2, s. 185; 2004, c. 21, s. 97; 2009, c. 5, s. 232; 2009, c. 15, s. 100.

692.6. For the purposes of paragraph a of section 692.5, the following rules apply:

(a)  except where paragraph b applies, where a trust, in this paragraph and in section 692.7 referred to as the “transferor trust”, in a period that does not exceed one day, disposes of one or more properties in the period to one or more other trusts, there is deemed to be no resulting change in the beneficial ownership of those properties if

i.  the transferor trust receives no consideration for the disposition, and

ii.  as a consequence of the disposition, the value of each beneficiary’s beneficial ownership at the beginning of the period under the transferor trust in each particular property of the transferor trust, or group of two or more properties of the transferor trust that are identical to each other, is the same as the value of the beneficiary’s beneficial ownership at the end of the period under the transferor trust and the other trust or trusts in each particular property, or in property that was immediately before the disposition included in the group of identical properties referred to above; and

(b)  where a trust, in this paragraph referred to as the “transferor”, governed by a registered retirement savings plan or a registered retirement income fund transfers a property to a trust, in this paragraph referred to as the “transferee”, governed by a registered retirement savings plan or a registered retirement income fund, the transfer is deemed not to result in a change in the beneficial ownership of the property if the annuitant of the plan or fund that governs the transferor is also the annuitant of the plan or fund that governs the transferee.

2003, c. 2, s. 185.

692.7. For the purpose of applying paragraph a of section 692.6 in respect of a transfer by a transferor trust of property that includes a share and money, the other trust or trusts referred to in that section may receive, in lieu of a transfer of a fractional interest in a share that would otherwise be required, a disproportionate amount of money or interest in the share, the value of which does not exceed the lesser of $200 and the fair market value of the fractional interest.

2003, c. 2, s. 185.

692.8. Where at a particular time there is a qualifying disposition of property by a person or partnership, in this section referred to as the “transferor”, to a trust, in this section referred to as the “transferee trust”, the following rules apply:

(a)  the transferor’s proceeds of disposition of the property are deemed to be

i.  where the transferor makes a valid election under subparagraph i of paragraph a of subsection 3 of section 107.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the disposition, the greater of the cost amount to the transferor of the property immediately before the particular time and the amount specified in respect of the property in the election in accordance with that subparagraph i, and

ii.  in any other case, the cost amount to the transferor of the property immediately before the particular time;

(b)  the transferee trust’s cost of the property is deemed to be the amount by which the amount determined under subparagraph a in respect of the qualifying disposition exceeds the amount by which the transferor’s loss otherwise determined from the qualifying disposition would be reduced by reason of section 638.1, the third and fourth paragraphs of section 686 or sections 741 to 744.2, if the amount determined under subparagraph a were equal to the fair market value of the property at the particular time;

(c)  for the purposes of sections 93 to 104, Chapter III of Title III and any regulations made under paragraph a of section 130 or under section 130.1, if the property was depreciable property of a prescribed class of the transferor and its capital cost to the transferor exceeds the cost at which the transferee trust is deemed by this section to have acquired the property, the following rules apply:

i.  the capital cost of the property to the transferee trust is deemed to be the amount that was the capital cost of the property to the transferor, and

ii.  the excess is deemed to have been allowed as depreciation to the transferee trust in respect of the property for taxation years that ended before the particular time;

(d)  if the property was incorporeal capital property of the transferor in respect of a business of the transferor, the following rules apply:

i.  for the purposes of Division III of Chapter II of Title III, Chapter III of Title III and sections 188 and 189, where the incorporeal capital amount of the transferor in respect of the property exceeds the cost at which the transferee trust is deemed by this section to have acquired the property, the following rules apply:

(1)  the incorporeal capital amount of the transferee trust in respect of the property is deemed to be the amount that was the incorporeal capital amount of the transferor in respect of the property, and

(2)  3/4 of the excess is deemed to have been deducted under paragraph b of section 130 by the transferee trust in respect of the property in computing its income for taxation years that ended before the particular time and after the adjustment time, within the meaning of section 107.1, of the transferee trust in respect of the business, and

ii.  for the purpose of determining after the particular time the amount required by paragraph b of section 105 to be included in computing the transferee trust’s income in respect of any subsequent disposition of the property of the business, there shall be added to the amount otherwise determined under subparagraph ii of subparagraph a of the second paragraph of section 107, the proportion of the amount determined under that subparagraph ii in respect of the business of the transferor immediately before the particular time that the fair market value of the incorporeal capital property immediately before the particular time is of the fair market value immediately before the particular time of all incorporeal capital property of the transferor in respect of the business;

(e)  if the property was deemed to be taxable Québec property or taxable Canadian property of the transferor under this subparagraph, subparagraph c of the first paragraph of section 280.6, subparagraph d of the first paragraph of section 301, any of sections 521, 538 and 540.4, paragraph b of section 540.6, section 554, subparagraph c of the second paragraph of section 614, subparagraph d.1 of the first paragraph of section 688 or paragraph d of section 688.4, the property is deemed to be taxable Québec property or taxable Canadian property of the transferee trust;

(f)  where the transferor is a segregated fund trust, within the meaning of section 851.2, the following rules apply:

i.  section 851.14 does not apply in respect of a disposition of interest in the transferor that occurs in connection with the qualifying disposition, and

ii.  for the purpose of computing the amount referred to in section 851.14 in respect of a subsequent disposition of an interest in the transferee trust where the interest is deemed to exist in connection with a life insurance policy, the acquisition fee, within the meaning of section 851.17, in respect of the policy shall be determined as if each amount referred to in sections 851.17 and 851.18 in respect of the policyholder’s interest in the transferor had been determined in respect of the policyholder’s interest in the transferee trust;

(g)  if the transferor is a trust to which property was transferred by an individual, other than a trust, the following rules apply:

i.  where section 454 applied in respect of the property so transferred and it is reasonable to consider that the property was so transferred in anticipation of the individual ceasing to be resident in Canada, for the application of subparagraph a.3 of the first paragraph of section 653 and this subparagraph to a disposition by the transferee trust after the particular time, the transferee trust is deemed after the particular time to be a trust to which the individual had transferred property in anticipation of the individual ceasing to be resident in Canada and in circumstances to which section 454 applied, and

ii.  for the purposes of paragraph j of the definition of “excluded right or interest” in section 785.0.1 and the application of this subparagraph to a disposition by the transferee trust after the particular time, where the property so transferred was transferred in circumstances to which this section would apply if section 692.5 were read without reference to paragraphs h and i thereof, the transferee trust is deemed after the particular time to be a trust an interest in which was acquired by the individual as a consequence of a qualifying disposition;

(h)  if the transferor is a trust, other than a personal trust or a trust prescribed for the purposes of section 688, the transferee trust is deemed to be neither a personal trust nor a trust prescribed for the purposes of section 688;

(i)  if the transferor is a trust and a taxpayer disposes of all or part of a capital interest in the transferor because of the qualifying disposition and, as a consequence, acquires a capital interest or part of it in the transferee trust, the following rules apply:

i.  the taxpayer is deemed to dispose of the capital interest or part of it in the transferor for proceeds equal to the cost amount to the taxpayer of that interest or part of it immediately before the particular time, and

ii.  the taxpayer is deemed to acquire the capital interest or part of it in the transferee trust at a cost equal to the amount by which the cost amount referred to in subparagraph i exceeds the amount by which the taxpayer’s loss otherwise determined from the disposition referred to in subparagraph i would be reduced by reason of the third and fourth paragraphs of section 686, if the proceeds under that subparagraph were equal to the fair market value of the capital interest or part of it in the transferor immediately before the particular time;

(j)  where the transferor is a trust, a taxpayer’s beneficial ownership in the property ceases to be derived from the taxpayer’s capital interest in the transferor because of the qualifying disposition and no part of the taxpayer’s capital interest in the transferor was disposed of because of the qualifying disposition, there shall, immediately after the particular time, be added to the cost otherwise determined of the taxpayer’s capital interest in the transferee trust, the amount determined by the formula

A × [(B - C)/B] - D;

(k)  where subparagraph j applies to the qualifying disposition in respect of a taxpayer, the amount that would be determined under that subparagraph in respect of the qualifying disposition if the amount determined under subparagraph d of the second paragraph were nil shall, immediately after the particular time, be deducted in computing the cost otherwise determined of the taxpayer’s capital interest in the transferor;

(l)  where subparagraphs i and j do not apply in respect of the qualifying disposition, the transferor is deemed to acquire the capital interest or part of it in the transferee trust that is acquired as a consequence of the qualifying disposition

i.  where the transferee trust is a personal trust, at a cost equal to nil, and

ii.  in any other case, at a cost equal to the excess referred to in subparagraph b in respect of the qualifying disposition; and

(m)  for the purposes of section 684, where the transferor is a trust and a taxpayer disposes of all or part of an income interest in the transferor because of the qualifying disposition and, as a consequence, acquires an income interest or a part of an income interest in the transferee trust, the taxpayer is deemed not to dispose of any part of the income interest in the transferor at the particular time.

In the formula provided for in subparagraph j of the first paragraph,

(a)  A is the cost amount to the taxpayer of the taxpayer’s capital interest in the transferor immediately before the particular time;

(b)  B is the fair market value immediately before the particular time of the taxpayer’s capital interest in the transferor;

(c)  C is the fair market value at the particular time of the taxpayer’s capital interest in the transferor, determined as if the only property disposed of at the particular time were the particular property; and

(d)  D is the lesser of

i.  the amount by which the cost amount to the taxpayer of the taxpayer’s capital interest in the transferor immediately before the particular time exceeds the fair market value of the taxpayer’s capital interest in the transferor immediately before the particular time, and

ii.  the maximum amount by which the taxpayer’s loss from a disposition of a capital interest otherwise determined would be reduced by reason of the third and fourth paragraphs of section 686 if the taxpayer’s capital interest in the transferor had been disposed of immediately before the particular time.

Chapter V.2 of Title II of Book I applies in relation to an election made under subparagraph i of paragraph a of subsection 3 of section 107.4 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2003, c. 2, s. 185; 2004, c. 8, s. 135; 2005, c. 1, s. 135; 2009, c. 5, s. 233; 2009, c. 15, s. 101; 2010, c. 25, s. 57.

692.9. Where a capital interest in a trust is held by a beneficiary at any time, the interest is vested indefeasibly at that time, the trust is not described in any of subparagraphs a to d of the third paragraph of section 647 and interests under the trust are not ordinarily disposed of for consideration that reflects the fair market value of the net assets of the trust, the fair market value of the interest at that time is deemed to be not less than the amount determined by the formula

(A − B) × (C / D).

In the formula provided for in the first paragraph,

(a)  A is the total fair market value of all properties of the trust at the time referred to in the first paragraph;

(b)  B is the aggregate of all amounts each of which is the amount of a debt owing by the trust at the time referred to in the first paragraph or the amount of any other obligation of the trust to pay any amount that is outstanding at that time;

(c)  C is the fair market value at the time referred to in the first paragraph of the interest referred to in the first paragraph, determined without reference to this section; and

(d)  D is the total fair market value at the time referred to in the first paragraph of all interests as beneficiaries under the trust, determined without reference to this section.

2003, c. 2, s. 185.

BOOK IV COMPUTATION OF TAXABLE INCOME

1972, c. 23.

TITLE I RULE OF APPLICATION

1972, c. 23.

693. A taxpayer may, for purposes of computing his taxable income for a taxation year, deduct the amounts provided for by this Book.

However, the taxpayer shall apply the provisions of this Book in the following order: Title I.0.0.1, sections 694.0.1, 694.0.2, 737.17, 737.18.12, 726.29 and 726.35, Titles V, VI.8, V.1, VI.1, VI.2, VI.3, VI.3.1, VI.3.2, VI.3.2.1, VI.3.2.2, VI.3.2.3, VII, VII.0.1, VI.5 and VI.5.1 and sections 725.1.2, 737.14 to 737.16.1, 737.18.3, 737.18.10, 737.18.11, 737.18.17, 737.18.26, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10, 737.22.0.13, 737.25, 737.28, 726.28, 726.33 and 726.34.

1972, c. 23, s. 524; 1975, c. 22, s. 193; 1976, c. 18, s. 7; 1979, c. 14, s. 2; 1985, c. 25, s. 113; 1986, c. 15, s. 96; 1987, c. 67, s. 133; 1988, c. 4, s. 41; 1989, c. 5, s. 83; 1990, c. 7, s. 20; 1993, c. 16, s. 249; 1993, c. 19, s. 23; 1993, c. 64, s. 41; 1995, c. 1, s. 48; 1995, c. 63, s. 49; 1997, c. 14, s. 96; 1997, c. 85, s. 103; 1999, c. 83, s. 61; 2000, c. 39, s. 38; 2002, c. 9, s. 10; 2002, c. 40, s. 44; 2003, c. 9, s. 41; 2004, c. 21, s. 98; 2005, c. 23, s. 56; 2005, c. 38, s. 82; 2006, c. 36, s. 46; 2010, c. 25, s. 58.

693.1. Where a separate fiscal return with respect to an individual is filed under any of sections 429, 681 and 1003 for a particular period and another fiscal return under this Part with respect to the same individual is filed for a period ending in the calendar year in which the particular period ends, for the purpose of computing the taxable income under this Part of the individual in such fiscal returns, the aggregate of all deductions claimed in all such returns under sections 725 to 725.7 shall not exceed the aggregate of the deductions that could be claimed thereunder for the year with respect to the individual if no separate fiscal returns were filed under sections 429, 681 and 1003.

1986, c. 19, s. 139; 1987, c. 67, s. 134; 1989, c. 5, s. 84; 1993, c 64, s. 42.

693.2. In this Book, except Title VI.10, the following rules apply in respect of a taxpayer if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the taxpayer and a given partnership, for a given fiscal period of the given partnership:

(a)  the taxpayer is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the taxpayer’s taxation year in which ends the fiscal period of the interposed partnership of which the taxpayer is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the taxpayer is a member, or deemed to be a member under this subparagraph a, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period; and

(b)  the taxpayer’s share in an amount in respect of the given partnership for the given fiscal period is deemed to be equal to the proportion of that amount represented by the proportion obtained by multiplying the agreed proportion in respect of the taxpayer for the interposed fiscal period of the interposed partnership of which the taxpayer is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in subparagraph a of which the interposed partnership is a member at the end of that particular fiscal period.

If the first paragraph applies for the purpose of determining an amount that a corporation may deduct under Title V because of section 714, subparagraph b of that paragraph is to be read as follows:

“(b) the proportion of the taxpayer’s share in the given partnership for the given fiscal period is deemed to be equal to the product obtained by multiplying the proportion of the taxpayer’s share in the interposed partnership of which the taxpayer is directly a member for the interposed partnership’s interposed fiscal period, by

i. if there is only one interposed partnership, the proportion of the interposed partnership’s share in the given partnership for the given fiscal period, or

ii. if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the proportion of an interposed partnership’s share in the particular partnership referred to in subparagraph a of which the interposed partnership is a member at the end of the particular partnership’s particular fiscal period for that particular fiscal period.”

2009, c. 15, s. 102.

693.3. Section 693.2 does not apply in respect of a taxpayer, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the taxpayer and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the taxpayer to be able to deduct, in computing the taxpayer’s taxable income for a taxation year under a provision of this Book, an amount greater than the amount that the taxpayer could have so deducted for that taxation year, but for that interposition.

2009, c. 15, s. 102.

694. For the purpose of computing the taxable income of a taxpayer for a taxation year, any deduction granted to the taxpayer under a provision of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)) in computing the taxpayer’s taxable income for a preceding taxation year in respect of which the taxpayer was not subject to tax under this Part, is deemed to have been also granted to the taxpayer under the corresponding provision of this Part in computing the taxpayer’s taxable income for that preceding year.

1977, c. 26, s. 79; 1984, c. 15, s. 156; 2001, c. 53, s. 91; 2010, c. 25, s. 59.

TITLE I.0.0.1 INCLUSION OF CERTAIN AMOUNTS

2006, c. 36, s. 47; 2009, c. 15, s. 103.

694.0.0.1. An individual shall include, in computing the individual’s taxable income for a taxation year, the aggregate of all amounts each of which is

(a)  an amount received in the year by the individual as a benefit under section 4 of the Universal Child Care Benefit Act, enacted by section 168 of the Budget Implementation Act, 2006 (S.C. 2006, c. 4), if the individual does not have a spouse at the end of 31 December of the year or if the income for the year of the individual’s spouse at the end of 31 December of the year is equal to or greater than the individual’s income for the year; or

(b)  an amount received in the year by the individual’s spouse at the end of 31 December of the year as a benefit under section 4 of the Universal Child Care Benefit Act, if the spouse’s income for the year is greater than the individual’s income for the year.

Despite the first paragraph, the individual is not required to include, in computing taxable income for the year, if the individual so elects, the portion of the amount referred to in the first paragraph that relates to one or more preceding taxation years that are eligible taxation years of the individual (in this paragraph referred to as the “particular portion“), if the total of the particular portion and of the particular portion described in the first paragraph of section 725.1.2 that the individual elects to deduct in computing taxable income for the year, if applicable, is not less than $300.

For the purposes of the second paragraph, “eligible taxation year” of an individual means a taxation year throughout which the individual was resident in Canada, other than a taxation year that ends in a calendar year in which the individual became a bankrupt.

2006, c. 36, s. 47; 2009, c. 5, s. 234; 2010, c. 25, s. 60.

694.0.0.2. For the purposes of the first paragraph of section 694.0.0.1, if an individual has a spouse at the end of 31 December of a taxation year and the individual or the spouse became a bankrupt in the year, section 779 does not apply for the purpose of determining the individual’s or the spouse’s income for the year.

2009, c. 5, s. 235.

694.0.0.3. An individual shall, in computing the individual’s taxable income for a taxation year, include an amount received by the individual in the year as a payment under a registered disability savings plan, to the extent provided for in section 905.0.14.

2009, c. 15, s. 104.

TITLE I.0.1 DEDUCTED AMOUNTS TO BE INCLUDED IN COMPUTING INCOME

1997, c. 85, s. 104.

694.0.1. An individual shall, in computing the individual’s taxable income for a taxation year, include the portion, relating to one or more preceding taxation years that are eligible taxation years of the individual, of the aggregate of all amounts deducted by the individual in computing the individual’s income for the year under section 336.0.3 or 336.0.4, if the total of that portion is at least $300.

For the purposes of the first paragraph, “eligible taxation year” of an individual means a taxation year throughout which the individual was resident in Canada, other than a taxation year that ends in a calendar year in which the individual became a bankrupt or a taxation year included, in whole or in part, in an averaging period determined in respect of the individual for the purposes of Division II of Chapter II of Title I of Book V, as it read before being repealed.

1997, c. 85, s. 104; 1998, c. 16, s. 177; 2005, c. 38, s. 83.

694.0.2. Despite section 7.19, a taxpayer shall, in computing the taxpayer’s taxable income for a taxation year, include any amount deducted in computing the taxpayer’s income for the year as a repayment of a particular amount the taxpayer included in computing the taxpayer’s income for a preceding taxation year, to the extent that the particular amount has been deducted in computing the taxpayer’s taxable income for that preceding taxation year.

1997, c. 85, s. 104; 1998, c. 16, s. 251; 2001, c. 51, s. 39; 2001, c. 53, s. 92; 2005, c. 38, s. 84.

694.0.3. (Repealed).

2002, c. 40, s. 45; 2005, c. 38, s. 85.

TITLE I.1

Repealed, 1989, c. 5, s. 85.

1979, c. 38, s. 21; 1989, c. 5, s. 85.

694.1. (Repealed).

1979, c. 38, s. 21; 1984, c. 15, s. 157; 1986, c. 15, s. 97; 1989, c. 5, s. 85.

694.2. (Repealed).

1979, c. 38, s. 21; 1986, c. 15, s. 98.

694.3. (Repealed).

1979, c. 38, s. 21; 1986, c. 15, s. 99; 1989, c. 5, s. 85.

TITLE II

Repealed, 1989, c. 5, s. 85.

1989, c. 5, s. 85.

695. (Repealed).

1972, c. 23, s. 525; 1972, c. 26, s. 53; 1973, c. 17, s. 83; 1974, c. 18, s. 25; 1975, c. 22, s. 194; 1976, c. 18, s. 8; 1978, c. 26, s. 118; 1984, c. 15, s. 158; 1986, c. 15, s. 100; 1987, c. 21, s. 16; 1987, c. 67, s. 135; 1988, c. 4, s. 42; 1988, c. 18, s. 61; 1989, c. 5, s. 85.

695.1. (Repealed).

1986, c. 15, s. 100; 1989, c. 5, s. 85.

695.2. (Repealed).

1986, c. 15, s. 100; 1989, c. 5, s. 85.

696. (Repealed).

1972, c. 23, s. 526; 1986, c. 15, s. 100; 1987, c. 21, s. 17; 1989, c. 5, s. 85.

697. (Repealed).

1972, c. 23, s. 527; 1986, c. 15, s. 100; 1988, c. 18, s. 62; 1989, c. 5, s. 85.

698. (Repealed).

1972, c. 23, s. 528; 1986, c. 15, s. 100; 1989, c. 5, s. 85.

699. (Repealed).

1972, c. 23, s. 529; 1982, c. 17, s. 53; 1986, c. 15, s. 100; 1989, c. 5, s. 85.

700. (Repealed).

1972, c. 23, s. 530; 1986, c. 15, s. 100; 1987, c. 21, s. 18; 1989, c. 5, s. 85.

701. (Repealed).

1972, c. 23, s. 531; 1986, c. 15, s. 100; 1989, c. 5, s. 85.

TITLE III

Repealed, 1989, c. 5, s. 85.

1989, c. 5, s. 85.

702. (Repealed).

1975, c. 21, s. 18; 1975, c. 22, s. 195; 1977, c. 26, s. 80; 1979, c. 38, s. 22; 1987, c. 21, s. 19; 1988, c. 4, s. 43; 1989, c. 5, s. 85.

702.1. (Repealed).

1987, c. 21, s. 19; 1988, c. 4, s. 44.

703. (Repealed).

1975, c. 21, s. 18; 1975, c. 22, s. 196; 1977, c. 26, s. 81; 1978, c. 26, s. 119; 1979, c. 18, s. 56; 1980, c. 13, s. 62; 1984, c. 15, s. 159; 1986, c. 15, s. 101; 1989, c. 5, s. 85.

704. (Repealed).

1975, c. 21, s. 18; 1978, c. 26, s. 120; 1980, c. 13, s. 63; 1984, c. 15, s. 160; 1989, c. 5, s. 85.

705. (Repealed).

1975, c. 22, s. 197; 1980, c. 13, s. 64; 1984, c. 15, s. 161; 1985, c. 25, s. 114; 1986, c. 15, s. 102; 1987, c. 67, s. 136; 1989, c. 5, s. 85.

706. (Repealed).

1975, c. 22, s. 197; 1987, c. 67, s. 136; 1989, c. 5, s. 85.

TITLE IV

Repealed, 1989, c. 5, s. 85.

1989, c. 5, s. 85.

707. (Repealed).

1975, c. 22, s. 198; 1978, c. 26, s. 121; 1979, c. 18, s. 57; 1984, c. 15, s. 162; 1987, c. 21, s. 20; 1988, c. 4, s. 45; 1989, c. 5, s. 85.

707.1. (Repealed).

1987, c. 21, s. 21; 1988, c. 4, s. 46.

708. (Repealed).

1975, c. 22, s. 198; 1984, c. 15, s. 162; 1987, c. 21, s. 22; 1988, c. 4, s. 47; 1989, c. 5, s. 85.

708.1. (Repealed).

1987, c. 21, s. 23; 1988, c. 4, s. 48.

709. (Repealed).

1975, c. 22, s. 198; 1982, c. 5, s. 141; 1986, c. 15, s. 103; 1988, c. 18, s. 63; 1989, c. 5, s. 85.

TITLE IV.1

Repealed, 1989, c. 5, s. 85.

1988, c. 4, s. 49; 1989, c. 5, s. 85.

709.1. (Repealed).

1988, c. 4, s. 49; 1989, c. 5, s. 85.

709.2. (Repealed).

1988, c. 4, s. 49; 1989, c. 5, s. 85.

TITLE V CHARITABLE DONATIONS AND OTHER DEDUCTIONS

1972, c. 23; 1993, c. 16, s. 250; 1995, c. 49, s. 236.

710. Subject to section 711.1, a corporation may deduct in computing its taxable income for a taxation year such of the following amounts as the corporation claims:

(a)  subject to section 711, the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift the eligible amount of which is included in the aggregate described in any of paragraphs b to e, made by the corporation in the year, in any of the five preceding taxation years, if the gift was made in a taxation year that ended before 24 March 2006, or in any of the 20 preceding taxation years, if the gift is made in a taxation year that ends after 23 March 2006, to

i.  a registered charity,

ii.  a registered Canadian amateur athletic association,

ii.1.  a registered Québec amateur athletic association, if the gift is made after 30 March 2004,

iii.  a recognized arts organization if the gift is made before 30 June 2006,

iii.1.  a recognized political education organization if the gift is made after 18 December 2002,

iii.2.  a registered museum if the gift is made after 23 March 2006,

iii.3.  a registered cultural or communications organization if the gift is made after 29 June 2006,

iv.  a housing corporation resident in Canada and exempt from tax under paragraph b of section 995,

v.  a municipality in Canada,

v.0.1.  a municipal or public body performing a function of government in Canada,

v.1.  the Organisation internationale de la Francophonie or any of its subsidiary bodies, if the gift is made after 30 March 2004,

vi.  the United Nations or an agency thereof,

vii.  a prescribed foreign university the student body of which ordinarily includes students from Canada,

viii.  a foreign charitable organization to which the State or Her Majesty in right of Canada or a province, other than Québec, has made a gift in the taxation year of the corporation or in the twelve months preceding that year, or

ix.  the State or to Her Majesty in right of Canada or a province, other than Québec;

(a.1)  the aggregate of all amounts each of which is an amount determined under section 710.0.0.2 in respect of property that is the subject of an eligible medical gift made by the corporation in the year or in any of the five preceding taxation years;

(b)  the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift the eligible amount of which is included in the aggregate described in paragraph c or d, made by the corporation to the State or to Her Majesty in right of Canada or a province, other than Québec before 1 April 1998 or pursuant to an obligation in writing entered into on or before 31 March 1998, and in the year or in any of the five preceding taxation years;

(c)  the aggregate of all amounts each of which is the eligible amount of a gift the fair market value of which is certified by the Minister of Sustainable Development, Environment and Parks and the object of which is any of the properties described in section 710.0.1, other than a gift the eligible amount of which is included in the aggregate described in paragraph d or e, made by the corporation in the year, in any of the five preceding taxation years, if the gift was made in a taxation year that ended before 24 March 2006, or in any of the 20 preceding taxation years, if the gift is made in a taxation year that ends after 23 March 2006,

i.  in the case of a property described in paragraph a or b of section 710.0.1, to

(1)  a registered charity whose mission in Québec, at the time of the gift, consists mainly, in the opinion of the Minister of Sustainable Development, Environment and Parks, in the conservation of the ecological heritage,

(2)  a municipality in Québec,

(2.1)  a municipal or public body performing a function of government in Québec, or

(3)  the State or Her Majesty in right of Canada, and

ii.  in the case of a property described in paragraph c or d of section 710.0.1, to

(1)  a registered charity one of the main missions of which, at the time of the gift, consists mainly, in the opinion of the Minister of the Environment of Canada, in the conservation and protection of Canada’s environmental heritage and that is, in the opinion of the Minister of Sustainable Development, Environment and Parks, an appropriate donee in the circumstances, or

(2)  the State, Her Majesty in right of Canada or a province, other than Québec, the United States or any State of that country, a municipality or a municipal or public body performing a function of government;

(d)  the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift the eligible amount of which is included in the aggregate described in paragraph e, made by the corporation in the year, in any of the five preceding taxation years, if the gift was made in a taxation year that ended before 24 March 2006, or in any of the 20 preceding taxation years, if the gift is made in a taxation year that ends after 23 March 2006, to

i.  an institution or a public authority referred to in subparagraph a of the third paragraph of section 232, where the object of the gift is a cultural property described in that paragraph, or

ii.  a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44), a certified archival centre or a recognized museum, if the object of the gift is a cultural property described in subparagraph c of the third paragraph of section 232, unless it is also described in subparagraph a of that third paragraph; and

(e)  the aggregate of all amounts each of which is the eligible amount of a gift the object of which is a musical instrument, made by the corporation in the year or in any of the 20 preceding taxation years to any of the following entities, if it is situated in Québec:

i.   an elementary or secondary educational institution to which the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) applies,

ii.  a college governed by the General and Vocational Colleges Act (chapter C-29),

iii.  a private educational institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1),

iv.  an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1), and

v.  an institution providing instruction in music and forming part of the network of the Conservatoire de musique et d’art dramatique du Québec.

1972, c. 23, s. 532; 1972, c. 26, s. 54; 1975, c. 22, s. 199; 1978, c. 26, s. 122; 1984, c. 15, s. 163; 1986, c. 19, s. 140; 1988, c. 4, s. 50; 1992, c. 65, s. 43; 1993, c. 16, s. 251; 1993, c. 19, s. 24; 1993, c. 64, s. 43; 1994, c. 14, s. 34; 1994, c. 22, s. 243; 1995, c. 1, s. 49; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 1997, c. 14, s. 97; 1998, c. 16, s. 251; 1999, c. 36, s. 160; 1999, c. 83, s. 62; 2001, c. 7, s. 169; 2003, c. 2, s. 186; 2003, c. 9, s. 42; 2004, c. 21, s. 99; 2005, c. 23, s. 57; 2006, c. 3, s. 35; 2006, c. 36, s. 48; 2009, c. 5, s. 236; 2009, c. 15, s. 105.

710.0.0.1. For the purposes of paragraph a.1 of section 710, an eligible medical gift of a corporation means a gift the eligible amount of which is included in the aggregate described in paragraph a of section 710, if

(a)  the corporation has directed the donee to apply the gift to charitable activities outside Canada;

(b)  the property that is the subject of the gift is a medicine that is available for the donee’s use at least six months prior to its expiration date, within the meaning of the Food and Drug Regulations (C.R.C., c. 870) made under the Food and Drugs Act (R.S.C. 1985, c. F-27);

(c)  the property qualifies as a drug, within the meaning of the Food and Drugs Act, and the drug

i.  meets the requirements of the Food and Drugs Act, or would meet those requirements if that Act were read without reference to subsection 1 of its section 37,

ii.  is not a food, cosmetic or device (as those terms are defined in the Food and Drugs Act), a natural health product (as defined in the Natural Health Products Regulations (SOR/2003-196) made under the Food and Drugs Act) or a veterinary drug;

(d)  the property that is the subject of the gift was, immediately before the making of the gift, described in an inventory in respect of a business of the corporation; and

(e)  the donee is a registered charity described in paragraph e of subsection 8 of section 110.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 15, s. 106.

710.0.0.2. The amount to which paragraph a.1 of section 710 refers, in respect of property, is the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the lesser of the cost to the corporation of the property and 50% of the amount by which the corporation’s proceeds of disposition of the property in respect of the gift exceeds the cost to the corporation of the property;

(b)  B is the eligible amount of the gift; and

(c)  C is the corporation’s proceeds of disposition of the property in respect of the gift.

2009, c. 15, s. 106.

710.0.1. The property to which paragraph c of section 710 refers is

(a)  land situated in Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value;

(b)  a real servitude granted for the benefit of land belonging to an entity referred to in any of subparagraphs 1 to 3 of subparagraph i of paragraph c of section 710 and encumbering the whole or part of land situated in Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value;

(c)  land situated in a region bordering on Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage; and

(d)  a real servitude granted for the benefit of land belonging to an entity referred to in subparagraph 1 or 2 of subparagraph ii of paragraph c of section 710 and encumbering the whole or part of land situated in a region bordering on Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage.

1995, c. 1, s. 50; 1999, c. 36, s. 158; 1999, c. 83, s. 63; 2003, c. 9, s. 43; 2006, c. 3, s. 35.

710.0.1.1. For the purposes of paragraphs c and d of section 710.0.1, a region bordering on Québec is a province or a state of the United States sharing a common border with Québec.

2003, c. 9, s. 44.

710.0.2. For the purpose of applying subparagraph ii of paragraph c of section 422 and sections 710 to 716.0.3 in respect of a gift made by a taxpayer and referred to in paragraph c of section 710, the fair market value of the gift at the time the gift was made or, for the purposes of section 716, the fair market value otherwise determined of the gift at that time and, subject to section 716, the taxpayer’s proceeds of disposition of the property that is the subject of the gift, are deemed to be the amount determined by the Minister of Sustainable Development, Environment and Parks to be

(a)  where the subject of the gift is land, the fair market value of the gift; or

(b)  where the subject of the gift is a servitude referred to in paragraph b or d of section 710.0.1, the greater of its fair market value otherwise determined and the amount by which the fair market value of the land encumbered by the servitude has been reduced as a result of the making of the gift of the servitude.

1999, c. 83, s. 64; 2003, c. 2, s. 187; 2003, c. 9, s. 45; 2006, c. 3, s. 35.

710.1. For the purposes of subparagraph i of paragraph d of section 710, the fair market value of a cultural property described in subparagraph a of the third paragraph of section 232 is deemed to be the fair market value determined by the Canadian Cultural Property Export Review Board or, where an appeal has been instituted under subsection 1 of section 33.1 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51), the fair market value deemed to have been determined by the Board, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), under subsection 2 of that section 33.1.

1993, c. 16, s. 252; 1997, c. 85, s. 105; 1999, c. 83, s. 65; 2003, c. 9, s. 46.

710.2. For the purposes of subparagraph ii of paragraph d of section 710, the fair market value of a cultural property referred to therein is deemed to be the fair market value determined by the Commission des biens culturels du Québec.

1993, c. 19, s. 25; 1997, c. 85, s. 105; 1999, c. 83, s. 273.

710.2.1. For the purposes of subparagraph ii of paragraph c of section 422 and sections 710 to 716.0.3, where at any time the Canadian Cultural Export Review Board, the Commission des biens culturels du Québec or the Minister of Sustainable Development, Environment and Parks, as the case may be, determines or redetermines an amount to be the fair market value of a property that is the subject of a gift described in paragraph a of section 710 made by a taxpayer within the two-year period that begins at that time, the last amount so determined or redetermined within the period is deemed to be the fair market value of the property at the time the gift was made and, subject to section 716, to be the taxpayer’s proceeds of disposition of the property.

2001, c. 53, s. 93; 2003, c. 2, s. 188; 2006, c. 3, s. 35.

710.2.2. A corporation may request, by notice in writing to the Minister of Sustainable Development, Environment and Parks, a determination of the fair market value of a property it disposes of or proposes to dispose of and that would, if the disposition were made and the certificates described in section 712.0.2 were issued by the Minister of Sustainable Development, Environment and Parks in respect of the property, be a gift described in paragraph c of section 710.

2003, c. 2, s. 189; 2006, c. 3, s. 35.

710.2.3. The Minister of Sustainable Development, Environment and Parks shall with all due dispatch make a determination in accordance with section 710.0.2 of the fair market value of the property that is the subject of the request referred to in section 710.2.2 and give notice of the determination in writing to the corporation that has disposed of, or that proposes to dispose of, the property.

However, no such determination shall be made if the request is received by the Minister of Sustainable Development, Environment and Parks after three years after the end of the corporation’s taxation year in which the disposition occurred.

2003, c. 2, s. 189; 2006, c. 3, s. 35.

710.2.4. Where the Minister of Sustainable Development, Environment and Parks has, in accordance with section 710.2.3, notified a corporation of the amount determined to be the fair market value of a property it has disposed of or proposes to dispose of, the following rules apply:

(a)  on receipt of a written request made by the corporation on or before the day that is 90 days after the day that the corporation was so notified, the Minister of Sustainable Development, Environment and Parks shall with all due dispatch confirm or redetermine the fair market value;

(b)  the Minister of Sustainable Development, Environment and Parks may, on that Minister’s own initiative, at any time redetermine the fair market value;

(c)  in the cases referred to in paragraphs a and b, the Minister of Sustainable Development, Environment and Parks shall notify the corporation in writing of that Minister’s confirmation or redetermination; and

(d)  any such redetermination is deemed to replace all preceding determinations and redeterminations of the fair market value of the property from the time at which the first such determination was made.

2003, c. 2, s. 189; 2006, c. 3, s. 35.

710.2.5. Where the Minister of Sustainable Development, Environment and Parks determines in accordance with section 710.2.3 the fair market value of a property, or redetermines that fair market value in accordance with section 710.2.4, and the property has been disposed of to a qualified donee described in paragraph c of section 710, the Minister shall issue to the person who made the disposition a certificate that states the fair market value of the property so determined or redetermined.

Where the Minister of Sustainable Development, Environment and Parks has issued more than one certificate in respect of the same property, the last certificate is deemed to replace all preceding certificates from the time at which the first certificate was issued.

2003, c. 2, s. 189; 2006, c. 3, s. 35.

710.3. Notwithstanding sections 1010 to 1011, the Minister shall make such assessments, reassessments or additional assessments of tax, interest or penalties payable under this Part for any taxation year as are necessary to give effect

(a)  to a certificate issued under section 7.14 of the Cultural Property Act (chapter B-4) or to a decision of a court resulting from an appeal under section 7.16 of that Act;

(b)  to a certificate issued under subsection 1 of section 33 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51) or to a decision of a court resulting from an appeal under subsection 1 of section 33.1 of that Act; or

(c)  to a certificate issued under section 710.2.5 or to a decision of a court resulting from an appeal under section 93.1.15.2 of the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 85, s. 106; 2003, c. 2, s. 190.

710.4. For the purposes of this Title, the following rules apply:

(a)  the gift of the bare ownership of a work of art or a cultural property described in the third paragraph of section 232 and made in the course of a recognized gift with reserve of usufruct or use is deemed to be, subject to section 714.1, the gift of a work of art or of such a cultural property ; and

(b)  the fair market value of a recognized gift with reserve of usufruct or use, in relation to a work of art or a cultural property described in the third paragraph of section 232, is deemed to be equal to the product obtained by multiplying the amount of the fair market value of the work of art or of the cultural property, as the case may be, otherwise determined with reference to sections 710.1, 710.2, 710.2.1, 714.2, 716 and 716.0.1.1, by the appropriate percentage determined in section 710.5.

2003, c. 9, s. 47.

710.5. The percentage to which section 710.4 refers in respect of a recognized gift with reserve of usufruct or use is

(a)  87% where the duration of the usufruct or right of use provided for in the deed of gift granting it is 10 years or less;

(b)  74% where the duration of the usufruct or right of use provided for in the deed of gift granting it is more than 10 years and 20 years or less; and

(c)  61% in any other case.

2003, c. 9, s. 47.

711. The deduction allowed by paragraph a of section 710 shall not exceed the lesser of the corporation’s income for the year and the amount determined by the formula

0.75 × A + 0.25 × (B + C + D).

In the formula provided for in the first paragraph,

(a)  A is the corporation’s income for the year computed before any deduction under section 800;

(b)  B is the aggregate of all amounts each of which is equal to that proportion of the corporation’s taxable capital gain for the year in respect of a gift made by the corporation in the year and in respect of which gift an eligible amount is described in paragraph a of section 710 for the year, that the eligible amount of the gift is of the corporation’s proceeds of disposition in respect of the gift;

(c)  C is the aggregate of all amounts each of which is a taxable capital gain of the corporation for the year, by reason of the application of section 234.0.1, from a disposition of a property in a preceding taxation year; and

(d)  D is the aggregate of all amounts each of which is determined in respect of the corporation’s depreciable property of a prescribed class and equal to the lesser of

i.  the amount included under section 94 in respect of the class in computing the corporation’s income for the year, and

ii.  the aggregate of the amounts determined in respect of a disposition that is the making of a gift of a property of the class by the corporation in the year and in respect of which gift an eligible amount is described in paragraph a of section 710 for the year, each of which is equal to the lesser of

(1)  that proportion of the amount by which the proceeds of disposition of the property exceed any outlays made or expenses incurred by the corporation for the purpose of making the disposition, that the eligible amount of the gift is of the corporation’s proceeds of disposition in respect of the gift, and

(2)  that proportion of the capital cost to the corporation of the property that the eligible amount of the gift is of the corporation’s proceeds of disposition in respect of the gift.

1972, c. 23, s. 533; 1975, c. 22, s. 200; 1982, c. 5, s. 142; 1986, c. 19, s. 141; 1993, c. 16, s. 253; 1993, c. 19, s. 26; 1993, c. 64, s. 44; 1995, c. 1, s. 51; 1997, c. 3, s. 71; 1999, c. 83, s. 66; 2005, c. 23, s. 58; 2009, c. 5, s. 237.

711.1. For the purpose of determining the amount deductible under section 710 in computing the taxable income of a corporation for a taxation year, the following rules apply:

(a)  an amount relating to a gift is deductible only to the extent that it exceeds amounts in respect of the gift deducted in computing the corporation’s taxable income for preceding taxation years; and

(b)  no amount in respect of a gift made in a particular taxation year is deductible under any of paragraphs a to e of section 710 until amounts deductible under that paragraph in respect of gifts made in taxation years preceding the particular year have been deducted.

1999, c. 83, s. 67; 2006, c. 36, s. 49.

711.2. Despite section 563, if control of a particular corporation is acquired at any time by a person or group of persons, the following rules apply:

(a)  no amount is deductible under any of paragraphs a to e of section 710 in computing any corporation’s taxable income for a taxation year that ends at or after that time in respect of a gift made by the particular corporation before that time; and

(b)  no amount is deductible under any of paragraphs a to e of section 710 in computing any corporation’s taxable income for a taxation year that ends at or after that time in respect of a gift made by any corporation at or after that time if the property that is the subject of the gift was acquired by the particular corporation under an arrangement under which it was expected that control of the particular corporation would be so acquired by a person or group of persons, other than a qualified donee that received the gift, and that the gift would be so made.

2005, c. 38, s. 86; 2006, c. 36, s. 50.

712. No corporation may deduct, for a taxation year, an amount under section 710, unless the making of the gift is proven by

(a)  a receipt for the gift filed with the Minister that meets the prescribed requirement and contains in a clear and unalterable manner the prescribed statement and the prescribed information; and

(b)  in the case of a gift described in subparagraph i of paragraph d of section 710, the certificate issued under subsection 1 of section 33 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51).

1972, c. 23, s. 534; 1978, c. 26, s. 123; 1982, c. 5, s. 142; 1994, c. 22, s. 244; 2003, c. 2, s. 191.

712.0.0.1. An organization or a donee shall meet the prescribed requirements in respect of a spoiled receipt form.

For the purposes of the first paragraph, “donee”, “receipt form” and “organization” have the meaning assigned by the regulations made under section 712.

1994, c. 22, s. 245.

712.0.1. No corporation may deduct, for a taxation year, an amount under section 710 in respect of a gift of a property described in subparagraph ii of paragraph d of that section unless it files with the Minister, together with the fiscal return it is required to file under section 1000 for the year, a certificate issued by the Commission des biens culturels du Québec stating that the property was acquired by a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44), a certified archival centre or a recognized museum, in accordance with its acquisition and conservation policy and with the directives of the Ministère de la Culture et des Communications, and specifying the fair market value of the property determined in accordance with section 710.2 or 710.4, as the case may be.

1993, c. 19, s. 27; 1993, c. 64, s. 45; 1995, c. 1, s. 199; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2003, c. 9, s. 48; 2006, c. 36, s. 51.

712.0.2. No corporation may deduct, for a taxation year, an amount under paragraph c of section 710 in respect of a gift unless it files with the Minister, along with the fiscal return it is required to file under section 1000 for the year, the following certificates issued by the Minister of Sustainable Development, Environment and Parks:

(a)  the certificate certifying that

i.  in the case of a gift whose object is a property described in paragraph a or b of section 710.0.1, the land referred to in that paragraph a or the land encumbered with a servitude referred to in that paragraph b, as the case may be, has undeniable ecological value and, where such is the case, that the mission in Québec of a charity referred to in subparagraph 1 of subparagraph i of paragraph c of section 710 consists mainly, at the time of the gift, in the conservation of the ecological heritage, and

ii.  in the case of a gift whose object is a property described in paragraph c or d of section 710.0.1, the land referred to in that paragraph c or the land encumbered with a servitude referred to in that paragraph d, as the case may be, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage and, where such is the case, that a charity referred to in subparagraph 1 of subparagraph ii of paragraph c of section 710 is an appropriate donee in the circumstances; and

(b)  the certificate relating to the fair market value of the gift referred to in that paragraph c.

1995, c. 1, s. 52; 1997, c. 3, s. 71; 1999, c. 36, s. 160; 1999, c. 83, s. 68; 2003, c. 2, s. 192; 2003, c. 9, s. 49; 2006, c. 3, s. 35; 2010, c. 25, s. 61.

712.1. (Repealed).

1984, c. 15, s. 164; 1986, c. 19, s. 142; 1993, c. 64, s. 46.

713. (Repealed).

1972, c. 23, s. 535; 1984, c. 15, s. 164; 1993, c. 64, s. 46.

713.1. Notwithstanding section 710, no amount may be deducted by a corporation in respect of a gift of property that is a certified Québec film or a Québec film production, within the meaning assigned to those terms by the regulations under section 130, if the gift is made by the corporation within a period of three years commencing on the day on which the property is acquired by it.

1992, c. 1, s. 34; 1993, c. 64, s. 47; 1997, c. 3, s. 71.

714. For the purposes of this Title, where a corporation is a member of a partnership at the end of the fiscal year of such partnership, the eligible amount of a gift made in the name of the partnership is deemed to be the eligible amount of a gift made by the corporation during its taxation year in which the fiscal year of the partnership ends, up to the proportion of its share in such partnership.

1972, c. 23, s. 536; 1993, c. 64, s. 48; 1997, c. 3, s. 71; 2009, c. 5, s. 238.

714.1. For the purposes of this Title, where at any time a corporation makes a gift of a work of art referred to in the second paragraph to a donee referred to in any of subparagraphs i to ii.1, iii.1, iii.3, iv and v.1 to viii of paragraph a of section 710, other than such a donee who acquires the work of art in connection with its primary mission, the corporation is deemed, in respect of that work of art, not to have made a gift unless the donee disposes of the work of art on or before 31 December of the fifth calendar year following the year that includes that time.

The work of art to which the first paragraph refers is a print, an etching, a drawing, a painting, a sculpture or any work of a similar nature, a tapestry or hand-woven carpet or hand-made appliqué, a lithograph, a rare folio, a rare manuscript or a rare book, a stamp or a coin.

1995, c. 63, s. 50; 1997, c. 3, s. 71; 1999, c. 83, s. 69; 2004, c. 21, s. 100; 2005, c. 23, s. 59; 2006, c. 36, s. 52.

714.2. If, at any given time, a corporation makes a gift of a work of art referred to in section 714.1 to a donee referred to in that section, the lesser of the amount that may reasonably be considered as the consideration for the disposition by the donee of the work of art and its fair market value at the time of the disposition, is deemed, for the purposes of section 710, to be the fair market value for the purpose of computing the eligible amount of the gift at the given time and, for the purposes of section 716, to be the fair market value of the capital property at the given time.

1995, c. 63, s. 50; 1997, c. 3, s. 71; 2009, c. 5, s. 239.

715. (Repealed).

1973, c. 17, s. 84; 1993, c. 64, s. 49.

716. The rule set out in the second paragraph applies if, at any time, a corporation makes a gift of a capital property to a donee referred to in any of paragraphs a to c of section 710 or, if the corporation is not resident in Canada, a gift of an immovable property situated in Canada to a prescribed donee who provides an undertaking, in a form satisfactory to the Minister, to the effect that the property will be held for use in the public interest, the corporation designates, after 19 December 2006 and in accordance with subsection 3 of section 110.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), an amount in respect of the gift, and, at that time, the fair market value of the capital property or immovable property exceeds

(a)  in the case of a depreciable property of a prescribed class, the lesser of the undepreciated capital cost of that class at the end of the taxation year of the corporation that includes that time, determined without reference to the proceeds of disposition determined in respect of the property under the second paragraph, and the adjusted cost base to the corporation of the property immediately before that time; and

(b)  in any other case, the adjusted cost base to the corporation of the capital property or immovable property immediately before that time.

The lesser of the fair market value of the capital property or immovable property otherwise determined and the greatest of the following amounts, is deemed to be both the corporation’s proceeds of disposition of the capital property or immovable property and, for the purposes of section 7.21, the fair market value of the gift:

(a)  in the case of a gift made after 20 December 2002, the amount of the advantage in respect of the gift;

(b)  the amount determined under subparagraph a or b of the first paragraph in respect of the capital property or immovable property; and

(c)  the amount designated in respect of the gift in accordance with subsection 3 of section 110.1 of the Income Tax Act.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subsection 3 of section 110.1 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1973, c. 17, s. 84; 1986, c. 15, s. 104; 1987, c. 67, s. 137; 1993, c. 64, s. 50; 1994, c. 22, s. 246; 1995, c. 1, s. 53; 1997, c. 3, s. 71; 1999, c. 83, s. 70; 2003, c. 2, s. 193; 2009, c. 5, s. 240.

716.0.1. Where a corporation makes a gift of a work of art referred to in section 714.1 in a taxation year, referred to in this section as the “gift year”, to a donee referred to in section 714.1, the corporation may, on or before its filing-due date for a subsequent taxation year, referred to in this section as the “year of disposition”, that includes 31 December of the calendar year in which the donee disposed of the work of art, file with the Minister for a taxation year referred to in the second paragraph an amended fiscal return in which the corporation shall take into account the tax consequences of that disposition in respect of an amount relating to that taxation year.

The taxation year to which the first paragraph refers is a taxation year of the corporation for which it filed a fiscal return pursuant to section 1000 and that is previous to the year of disposition but after the fourth taxation year of the corporation that precedes the gift year.

Notwithstanding sections 1010 to 1011, the Minister shall, where the corporation has filed an amended fiscal return in accordance with the first paragraph, make such assessment, reassessment or additional assessment of the tax, interest and penalties payable by the corporation under this Part as is necessary for any taxation year to give effect to the disposition referred to in the first paragraph.

1995, c. 63, s. 51; 1997, c. 3, s. 71; 1997, c. 31, s. 69.

716.0.1.1. For the purpose of determining the amount that is deductible under paragraphs a and d of section 710 in computing the taxable income of a corporation, where the corporation makes a gift of a work of art to a Québec museum, the eligible amount of that gift or, as the case may be, of the fair market value determined in respect of that gift under any of sections 710.1 to 710.3 or 714.2, shall be increased by 1/4 of that amount.

2001, c. 51, s. 40; 2009, c. 5, s. 241.

716.0.2. The definitions of “excepted gift” and “non-qualifying security” in the first paragraph of section 752.0.10.1, the second paragraph of that section and sections 752.0.10.16 to 752.0.10.18 apply in respect of a corporation as if the references therein to “an individual” were read as references to “a corporation”, as if the reference therein to “752.0.10.12” were read as a reference to “716” and as if a non-qualifying security of a corporation included a share, other than a share listed on a designated stock exchange, of the capital stock of the corporation.

1999, c. 83, s. 71; 2001, c. 7, s. 169; 2010, c. 5, s. 54.

716.0.3. If, but for this section, a corporation, other than a corporation that was a predecessor corporation in an amalgamation to which section 544 applied or a corporation that was wound up in a winding-up to which Chapter VII of Title IX of Book III applied, would be deemed under section 752.0.10.16 to have made a gift after the corporation ceased to exist, for the purposes of this Title, the corporation is deemed to have made the gift in its last taxation year.

Any amount of interest payable under this Part must be determined as if the presumption provided in the first paragraph did not apply.

1999, c. 83, s. 71.

716.1. (Repealed).

1987, c. 67, s. 137; 1993, c. 16, s. 254; 1993, c. 64, s. 51.

716.2. (Repealed).

1993, c. 16, s. 255; 1993, c. 64, s. 52.

717. (Repealed).

1972, c. 23, s. 537; 1986, c. 19, s. 143; 1989, c. 5, s. 85.

718. (Repealed).

1972, c. 23, s. 538; 1973, c. 17, s. 85; 1986, c. 15, s. 105; 1989, c. 5, s. 85.

719. (Repealed).

1972, c. 23, s. 539; 1986, c. 19, s. 144; 1989, c. 5, s. 85.

720. (Repealed).

1972, c. 23, s. 540; 1986, c. 19, s. 145.

721. (Repealed).

1972, c. 23, s. 541; 1985, c. 25, s. 115; 1986, c. 19, s. 146; 1989, c. 5, s. 85.

722. (Repealed).

1972, c. 23, s. 542; 1986, c. 15, s. 106.

723. (Repealed).

1972, c. 23, s. 543; 1974, c. 18, s. 26; 1978, c. 26, s. 124; 1986, c. 15, s. 107; 1987, c. 67, s. 138; 1989, c. 5, s. 85.

724. (Repealed).

1976, c. 18, s. 12; 1978, c. 26, s. 125; 1986, c. 15, s. 108; 1986, c. 19, s. 147; 1987, s. 67, s. 138; 1989, c. 5, s. 85.

724.1. (Repealed).

1986, c. 19, s. 148; 1989, c. 5, s. 85.

724.2. (Repealed).

1987, c. 67, s. 139; 1989, c. 5, s. 85.

725. An individual may deduct any amount he includes in computing his income for the year that is

(a)  an amount exempt from income tax in Québec or Canada because of a provision contained in a tax agreement with a country other than Canada;

(a.1)  an amount received as an income replacement indemnity or as compensation for the loss of financial support under a public compensation plan;

(b)  (paragraph repealed);

(b.1)  (paragraph repealed);

(c)  a social assistance payment made on the basis of a means, needs or income test, that is a payment other than a payment received as financial assistance under the Individual and Family Assistance Act (chapter A-13.1.1) or as similar government assistance and that is included in computing the individual’s income because of section 311.1 or because of section 317 as a supplement or allowance received under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9) or in respect of any similar payment made under a law of a province;

(c.0.1)  an amount received as a scholarship, fellowship or bursary, or a prize for achievement in a field of endeavour ordinarily carried on by the individual, that is included under paragraph g of section 312;

(c.1)  an amount received by the individual from the Minister of Education, Recreation and Sports as a postdoctoral research fellowship under the Fellowship for Excellence Program, that is awarded according to the standards provided in Schedule V to decision 191649 of the Conseil du trésor dated 31 March 1998, and included as such under paragraph h of section 312;

(c.2)  an amount received by the individual under a program referred to in paragraph e.3 or e.4 of section 311, a program established under the Department of Human Resources and Skills Development Act (Statutes of Canada, 2005, chapter 34) or a prescribed program, if the amount

i.  is financial assistance for the payment of tuition fees of the individual, that are not included in computing an amount deductible under section 752.0.18.10 in computing the individual’s tax payable under this Part for any taxation year, and

ii.  is not otherwise deductible in computing the individual’s taxable income for the year;

(d)  income from employment with an international organization, namely the United Nations or any specialized agency that is brought into relationship with the United Nations in accordance with Article 63 of the Charter of the United Nations, except, where the following conditions are met, the portion of such income that is attributable to employment duties performed in Québec by the individual:

i.  the international organization, or any other international governmental organization in the service of which the individual was employed, was established in Québec at any time in the year, and

ii.  the income is not covered for the year by an agreement between the international organization, or other international governmental organization, and the Government of Québec concerning the exemption from tax under this Part on such income;

(d.1)  the lesser of

i.  the employment income earned by the individual as a member of the Canadian Forces, or as a police officer, while serving on a mission recognized for the purposes of clause A of subparagraph v of paragraph f of subsection 1 of section 110 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and

ii.  the employment income that would have been earned by the individual while serving on the mission referred to in subparagraph i if the individual had been paid at the maximum rate of pay that applied, during the mission, to a non-commissioned member of the Canadian Forces; or

(e)  income situated on a reserve or on premises, if the individual is an Indian.

1972, c. 23, s. 544; 1975, c. 22, s. 201; 1984, c. 15, s. 165; 1987, c. 67, s. 140; 1990, c. 59, s. 249; 1993, c. 16, s. 256; 1993, c. 64, s. 53; 1995, c. 49, s. 158; 1997, c. 14, s. 98; 1997, c. 85, s. 107; 1999, c. 83, s. 72; 2000, c. 39, s. 39; 2001, c. 53, s. 94; 2002, c. 40, s. 46; 2004, c. 8, s. 136; 2004, c. 21, s. 101; 2005, c. 1, s. 136; 2005, c. 28, s. 195; 2005, c. 38, s. 87; 2006, c. 13, s. 48; 2006, c. 36, s. 53; 2007, c. 12, s. 72.

725.0.1. For the purposes of this section, paragraph e of section 725 and section 725.0.2,

“band” means

(a)  a band within the meaning of subsection 1 of section 2 of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5);

(b)  a band within the meaning of subsection 1 of section 2 of the Cree-Naskapi (of Quebec) Act (Statutes of Canada, 1984, chapter 18);

(c)  a designated corporation within the meaning of section 2 of the Indians and Bands on certain Indian Settlements Remission Order made by Order in Council P.C. 1992-1052 dated 14 May 1992, as amended by Order in Council P.C. 1994-2096 dated 14 December 1994, under the Financial Administration Act (Revised Statutes of Canada, 1985, chapter F-11); or

(d)  a Band within the meaning of subsection 1 of section 2 of the Sechelt Indian Band Self-Government Act (Statutes of Canada, 1986, chapter 27);

“council of the band” means

(a)  in the case of a band referred to in paragraph a of the definition of “band”, a council of the band within the meaning of subsection 1 of section 2 of the Indian Act;

(b)  in the case of a band referred to in paragraph b of the definition of “band”, a council within the meaning of subsection 1 of section 2 of the Cree-Naskapi (of Quebec) Act; or

(c)  in the case of a Band referred to in paragraph d of the definition of “band”, a Council within the meaning of subsection 1 of section 2 of the Sechelt Indian Band Self-Government Act;

“Indian” means an Indian within the meaning of the Indian Act (Revised Statutes of Canada, 1985, chapter I-5);

“premises” means a place in Québec used exclusively for purposes of negotiation between the Government and an agency representing Indians of Québec and so designated by the Government;

“reserve” means

(a)  a reserve within the meaning of subsection 1 of section 2 of the Indian Act;

(b)  Category IA land or Category IA-N land within the meaning of subsection 1 of section 2 of the Cree-Naskapi (of Québec) Act (Statutes of Canada, 1984, chapter 18);

(c)  the Hunter’s Point, Kitcisakik and Pakuashipi Indian settlements and an Indian settlement within the meaning of section 2 of the Indians and Bands on certain Indian Settlements Remission Order made by Order in Council P.C. 1992-1052 dated 14 May 1992, as amended by Order in Council P.C. 1994-2096 dated 14 December 1994, under the Financial Administration Act, or within the meaning of section 1 of the Indians and Bands on Certain Indian Settlements Remission Order (1997) made by Order in Council P.C. 1997-1529 dated 23 October 1997 under that Act; and

(d)  Sechelt lands within the meaning of subsection 1 of section 2 of the Sechelt Indian Band Self-Government Act (Statutes of Canada, 1986, chapter 27).

1997, c. 85, s. 108; 1999, c. 83, s. 73; 2006, c. 13, s. 49; 2006, c. 36, s. 54.

725.0.2. For the purposes of paragraph e of section 725, the income of an Indian from an office or employment that the Indian performs for an employer who both resides on a reserve and is described in the second paragraph is deemed to be an income situated on a reserve if the duties of that Indian related to that office or employment form part of the non-commercial activities of the employer that are intended solely for the greater welfare of the Indians living on the reserve.

The employer to which the first paragraph refers is

(a)  a band that owns a reserve;

(b)  a council of the band representing one or more bands referred to in subparagraph a; or

(c)  an Indian organization that falls within the jurisdiction of one or more bands described in subparagraph a or of one or more councils of the band described in subparagraph b and that is exclusively devoted to the social, cultural, educational or economic development of Indians the majority of whom live on a reserve.

If the income of an Indian from an office or employment is deemed, under the first paragraph, to be income situated on a reserve, any other amount received by that Indian and related to that office or employment is also, for the purposes of paragraph e of section 725, deemed to be situated on a reserve.

1997, c. 85, s. 108; 1999, c. 83, s. 74; 2006, c. 36, s. 55.

725.0.3. A corporation may deduct an amount that it includes in computing its income for the year under paragraph g of section 312 and that is an amount received as a prize for achievement in a field of endeavour ordinarily carried on by the corporation.

2009, c. 15, s. 107.

725.1. (Repealed).

1980, c. 13, s. 65; 1993, c. 16, s. 257.

TITLE V.0.1 DEDUCTION IN RESPECT OF TAX

1990, c. 59, s. 250.

725.1.1. A taxpayer may deduct, in computing his taxable income for a taxation year, an amount equal to the amount deductible by him for the year in computing his taxable income for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under paragraph k of subsection 1 of section 110 of the said Act.

1990, c. 59, s. 250; 1991, c. 25, s. 84.

TITLE V.0.2 DEDUCTION IN RESPECT OF A RETROACTIVE PAYMENT

1997, c. 85, s. 109.

725.1.2. An individual, other than a trust, may deduct, in computing the individual’s taxable income for a taxation year, if the individual so elects, the portion, relating to one or more preceding taxation years that are eligible taxation years of the individual, of the aggregate of all amounts each of which is an amount described in the second paragraph that the individual includes in computing the individual’s income for the year (in this paragraph referred to as the “particular portion”), if the total of the particular portion and of the particular portion described in the second paragraph of section 694.0.0.1 that the individual elects not to include in computing taxable income for the year, if applicable, is at least $300.

The amount to which the first paragraph refers is an amount received in the year as, or in lieu of, full or partial payment of

(a)  income from an office or employment, under the terms of a court judgment, arbitration award or a contract by which the parties put an end to a lawsuit;

(b)  a benefit under the Labour Adjustment Benefits Act (Revised Statutes of Canada, 1985, chapter L-1), the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1), the Employment Insurance Act (Statutes of Canada, 1996, chapter 23), the Act respecting parental insurance (chapter A-29.011) or under the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan within the meaning of that Act;

(c)  an amount that is a support amount as defined in the first paragraph of section 312.3 or an amount referred to in the first paragraph of section 312.5 in respect of an amount deducted for a taxation year preceding the taxation year 1998 or a taxation year subsequent to the taxation year 2002;

(d)  an amount paid in accordance with a distribution plan, approved on 4 December 1995 by a judgment of the Superior Court of Québec, in respect of the pension fund surplus of the Consolidated Retirement Plan for Employees of Singer Company of Canada Limited (Sewing Division), if the amount is paid to the individual as a member, within the meaning of section 965.0.1, of the pension fund or by reason of the death of the individual’s spouse who was a member of the pension fund;

(d.1)  an amount of adjustment in compensation paid in accordance with sections 176.27 to 176.29 of the Act respecting municipal territorial organization (chapter O-9); or

(e)  any other amount, other than income from an office or employment, that would be, in the opinion of the Minister, an additional undue tax burden on the individual were the individual to include it in computing income for the year in which it is received by the individual.

For the purposes of the first paragraph, “eligible taxation year” of an individual means a taxation year throughout which the individual was resident in Canada, other than a taxation year that ends in a calendar year in which the individual became a bankrupt or a taxation year included in an averaging period determined in respect of the individual for the purposes of Division II of Chapter II of Title I of Book V, as it read before being repealed.

For the purposes of the first paragraph in respect of an amount described in subparagraph d of the second paragraph that an individual receives in a particular taxation year, the proportion of the amount that the number of preceding taxation years that are subsequent to the taxation year 1985 is of that number of taxation years, plus one, is deemed to relate to one or more taxation years preceding the particular year.

1997, c. 85, s. 109; 1998, c. 16, s. 178; 2000, c. 5, s. 153; 2002, c. 40, s. 47; 2003, c. 9, s. 50; 2004, c. 21, s. 102; 2005, c. 38, s. 88; 2010, c. 25, s. 62.

TITLE V.1 SECURITIES OPTIONS, DEFERRED PROFIT SHARING PLANS, HOME RELOCATION LOANS AND OTHER MATTERS

1987, c. 67, s. 141; 1991, c. 25, s. 85; 2005, c. 23, s. 60.

725.1.3. In this Title,

“qualified corporation” for a particular calendar year means a corporation that meets the following conditions:

(a)  in the particular calendar year, the corporation operates a business in Québec and has an establishment in Québec;

(b)  the assets shown in its financial statements submitted to the shareholders or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown had such financial statements been prepared in accordance with generally accepted accounting principles, for its taxation year that ended in the calendar year that precedes the particular calendar year or, if the corporation is in its first fiscal period, at the beginning of its first fiscal period, were less than $50,000,000; and

(c)  an amount is deemed, under any of Divisions II, II.1, II.2.1, II.3 and II.3.0.1 of Chapter III.1 of Title III of Book IX, to have been paid to the Minister by the qualified corporation for its taxation year that ended in the particular calendar year or for any of its three preceding taxation years;

“qualifying person” has the meaning assigned by section 47.18;

“security” has the meaning assigned by section 47.18.

2009, c. 15, s. 108.

725.1.4. For the purposes of paragraph b of the definition of “qualified corporation” in section 725.1.3, the following rules apply in computing the assets of such a corporation at the time referred to in that paragraph:

(a)  the amount of the surplus reassessment of its property and the amount of its incorporeal assets are to be subtracted, to the extent that the amount shown in their respect exceeds the expenditure made in their respect; and

(b)  if all or part of an expenditure made in respect of incorporeal assets consists of shares of the corporation’s capital stock, all or part of the expenditure, as the case may be, is deemed to be nil.

2009, c. 15, s. 108.

725.1.5. For the purposes of the definition of “qualified corporation” in section 725.1.3, the assets of a corporation that is associated in a taxation year with one or more other corporations are equal to the amount by which the aggregate of the assets of the corporation and those of each corporation associated with it, determined in accordance with that definition and section 725.1.4, exceeds the aggregate of the amount of investments the corporations own in each other and the balance of accounts between the corporations.

2009, c. 15, s. 108.

725.1.6. For the purposes of paragraph b of the definition of “qualified corporation” in section 725.1.3 and sections 725.1.4 and 725.1.5, if a corporation or another corporation with which it is associated reduces its assets by any transaction in a taxation year and, but for that reduction, the corporation would not be a qualified corporation, the assets are deemed not to have been so reduced unless the Minister decides otherwise.

2009, c. 15, s. 108.

725.2. An individual may deduct an amount equal to 25% of the amount of the benefit the individual is deemed to have received in a taxation year under section 49 or any of sections 50 to 52.1, in respect of a security that a particular qualifying person has agreed to sell or issue under an agreement referred to in section 48, or in respect of the transfer or any other disposition of rights under the agreement, if

(a)  where rights under the agreement were not acquired by the individual as a result of the disposition of rights to which section 49.4 applied,

i.  the amount payable by the individual to acquire the security under the agreement is not less than the amount by which the fair market value of the security at the time the agreement was made exceeds the amount paid by the individual to acquire the right to acquire the security, and

ii.  immediately after the agreement was made, the individual was dealing at arm’s length with the following persons:

(1)  the particular qualifying person,

(2)  each other qualifying person that, immediately after the agreement was made, was an employer of the individual and was not dealing at arm’s length with the particular qualifying person, and

(3)  the qualifying person of which the individual had, under the agreement, a right to acquire a security;

(b)  where rights under the agreement were acquired by the individual as a result of one or more dispositions to which section 49.4 applied,

i.  the amount payable by the individual to acquire the security under the agreement is not less than the amount that was included, in respect of the security, in the amount determined under the second paragraph of section 49.4 in respect of the most recent of those dispositions,

ii.  immediately after the agreement the rights under which were the subject of the first of those dispositions, in this subparagraph referred to as the “original agreement”, was made the individual was dealing at arm’s length with

(1)  the qualifying person that made the original agreement,

(2)  each other qualifying person that, immediately after the agreement was made, was an employer of the individual and was not dealing at arm’s length with the qualifying person that made the original agreement, and

(3)  the qualifying person of which the individual had, under the original agreement, a right to acquire a security,

iii.  the amount that was included, in respect of each particular security that the individual had a right to acquire under the original agreement, in the amount determined under the third paragraph of section 49.4 in respect of the first of those dispositions was not less than the amount by which the fair market value of the particular security at the time the original agreement was made exceeded the amount paid by the individual to acquire the right to acquire the security, and

iv.  for the purpose of determining if the condition in subparagraph b of the first paragraph of section 49.4 was satisfied in respect of each of the particular dispositions following the first of those dispositions, the amount that was included, in respect of each particular security that could be acquired under the agreement the rights under which were the subject of the particular disposition, in the amount determined under the third paragraph of section 49.4 in respect of the particular disposition, was not less than the amount that was included, in respect of the particular security, in the amount determined under the second paragraph of that section in respect of the last of those dispositions preceding the particular disposition; and

(c)  the security

i.  is described in clause A or B of subparagraph i of paragraph d of subsection 1 of section 110 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement),

ii.  would have been a unit of a mutual fund trust at the time of its sale or issue if those units issued by the trust that were not identical to the security had not been issued, or

iii.  would have been a unit of a mutual fund trust if it were issued or sold to the individual at the time the individual disposed of rights under the agreement, and those units issued by the trust that were not identical to the security had not been issued.

1987, c. 67, s. 141; 1988, c. 4, s. 51; 1990, c. 59, s. 251; 1992, c. 1, s. 35; 1993, c. 16, s. 258; 1995, c. 49, s. 159; 1997, c. 3, s. 71; 2001, c. 53, s. 95; 2003, c. 2, s. 194; 2004, c. 21, s. 103; 2005, c. 23, s. 61.

725.2.0.1. When section 725.2 applies in respect of a security of a qualifying person that is a qualified corporation for a particular calendar year that includes the time at which an individual acquires rights under an agreement referred to in section 48 to acquire the security, it is to be read as if “25%” in the portion before paragraph a was replaced by “50%” and without reference to subparagraphs ii and iii of paragraph c.

2009, c. 15, s. 109.

725.2.1. For the purposes of section 725.2, the following rules apply:

(a)  the amount payable by an individual to acquire a security under an agreement referred to in section 48 shall be determined without reference to any change in the value of a currency of a country other than Canada, relative to Canadian currency, occurring after the agreement was made;

(b)  the fair market value of a security at the time an agreement in respect of the security was made shall be determined on the assumption that all specified events associated with the security referred to in the second paragraph that occurred after the agreement was made and before the sale or issue of the security or the disposition of the taxpayer’s rights under the agreement in respect of the security, as the case may be, occurred immediately before the agreement was made; and

(c)  for the purpose of determining the amount that was included, in respect of a security that a qualifying person has agreed to sell or issue to an individual, in the amount determined under the second paragraph of section 49.4 for the purpose of determining if the condition in subparagraph b of the first paragraph of that section was satisfied in respect of a particular disposition, all specified events associated with the security referred to in the second paragraph that occurred after the particular disposition and before the sale or issue of the security or the individual’s subsequent disposition of rights under the agreement in respect of the security, as the case may be, are deemed to have occurred immediately before the particular disposition.

For the purposes of the first paragraph, the following events are specified events associated with a security:

(a)  where the security is a share of the capital stock of a corporation, any subdivision or consolidation of shares of the capital stock of the corporation, any reorganization of share capital of the corporation and any stock dividend of the corporation; and

(b)  where the security is a unit of a mutual fund trust, any subdivision or consolidation of the units of the trust, and an issuance of units of the trust as payment, or in satisfaction of a person’s right to enforce payment, out of the trust’s income, determined before the application of paragraph a of section 657 and section 657.1, or out of the trust’s capital gains.

1993, c. 16, s. 259; 1997, c. 3, s. 71; 2001, c. 53, s. 95; 2003, c. 2, s. 195.

725.2.2. Subject to section 725.2.3, an individual may deduct, in computing the individual’s taxable income for a taxation year, where the individual disposes of a security acquired in the year by the individual under an agreement referred to in section 48 by making a gift of the security to a qualified donee, an amount in respect of the disposition of the security equal to 1/2 of the lesser of the benefit deemed by section 49 to have been received by the individual in the year in respect of the acquisition of the security and the amount that would have been that benefit had the value of the security at the time of its acquisition by the individual been equal to the value of the security at the time of the disposition if

(a)  the security is a security described in any of subparagraphs ii to vi of paragraph a of section 231.2;

(b)  (paragraph repealed);

(c)  the gift is made in the year and on or before the day that is 30 days after the day on which the individual acquired the security; and

(d)  the individual is entitled to a deduction under section 725.2 in respect of the acquisition of the security.

For the purposes of the first paragraph, if a gift is made to a private foundation after 18 March 2007 and subsection 8 of section 149.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies to the foundation in respect of a class of shares of the capital stock of a corporation, the portion of that paragraph before subparagraph a is to be read as if “other than a private foundation,” was inserted after “qualified donee,”.

2003, c. 2, s. 196; 2004, c. 8, s. 137; 2006, c. 36, s. 56; 2009, c. 15, s. 110.

725.2.3. Where an individual, in exercising a right to acquire a security that a qualifying person has agreed to sell or issue to the individual under an agreement referred to in section 48, directs a broker or dealer appointed by the qualifying person, or by another qualifying person that does not deal at arm’s length with the qualifying person, to immediately dispose of the security and pay all or a portion of the proceeds of disposition of the security to a qualified donee, the following rules apply:

(a)  if the payment is a gift, the individual is deemed, for the purposes of section 725.2.2, to have disposed of the security to the qualified donee at the time the payment is made; and

(b)  the amount deductible under section 725.2.2 by the individual in respect of the disposition of the security is the amount determined by the formula

A × B / C.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the amount that would be deductible under section 725.2.2 in respect of the disposition of the security if this section were read without reference to subparagraph b of the first paragraph;

(b)  B is the amount of the payment; and

(c)  C is the amount of the proceeds of disposition of the security.

2003, c. 2, s. 196.

725.2.4. If the amount payable by an individual to acquire a security from a qualifying person under an agreement referred to in section 48 is reduced at a particular time and the conditions set out in the second paragraph are satisfied, the following rules apply:

(a)  rights (in this section referred to as the “old rights”) under the agreement immediately before the particular time are deemed to have been disposed of by the individual immediately before the particular time;

(b)  rights (in this section referred to as the “new rights”) under the agreement at the particular time are deemed to be acquired by the individual at the particular time; and

(c)  the individual is deemed to receive the new rights as consideration for the disposition of the old rights.

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

(a)  the individual could not, but for this section, deduct an amount under section 725.2 if the individual acquired the security under the agreement immediately after the particular time; and

(b)  the individual could deduct an amount under section 725.2 if the individual

i.  disposed of the old rights immediately before the particular time,

ii.  acquired the new rights at the particular time as consideration for the disposition of the old rights, and

iii.  acquired the security under the agreement immediately after the particular time.

2009, c. 15, s. 111.

725.3. An individual may deduct an amount equal to 25% of the amount of the benefit he is deemed to have received in the year under section 49, by virtue of section 49.2, in respect of a share acquired by him after 22 May 1985, if

(a)  the individual has not disposed of the share otherwise than as a consequence of his death or exchanged the share within two years after the date he acquired it; and

(b)  the individual has not deducted an amount under section 725.2 in respect of the benefit deemed received in computing his taxable income for the year.

1987, c. 67, s. 141; 1988, c. 18, s. 123; 1990, c. 59, s. 252; 2003, c. 2, s. 197; 2004, c. 21, s. 104; 2005, c. 23, s. 62.

725.3.1. When section 725.3 applies in respect of a share of the capital stock of a corporation that is a qualified corporation for a particular calendar year that includes the time at which an individual acquires rights under an agreement referred to in section 48 to acquire the share, it is to be read as if “25%” in the portion before paragraph a was replaced by “50%”.

2009, c. 15, s. 112.

725.4. A taxpayer may deduct an amount equal to 1/2 of the amount the taxpayer has included under paragraph b of section 218 in computing the taxpayer’s income for the year in respect of a share received after 22 May 1985, unless the amount is exempt from income tax in Québec or Canada because of a provision contained in a tax agreement with a country other than Canada.

1987, c. 67, s. 141; 1988, c. 18, s. 123; 1990, c. 59, s. 253; 2001, c. 53, s. 96; 2003, c. 2, s. 198.

725.5. An individual may deduct an amount equal to 1/2 of the amount he has included under section 888.1 in computing his income for the year.

1987, c. 67, s. 141; 1988, c. 18, s. 123; 1990, c. 59, s. 254; 2003, c. 2, s. 199.

725.6. Subject to paragraph g of each of sections 737.18, 737.18.13 and 737.18.35 and paragraph e of each of sections 737.22, 737.22.0.0.4, 737.22.0.0.8, 737.22.0.4 and 737.22.0.8, an individual who has, by virtue of sections 487.1 to 487.6, included an amount in computing the individual’s income for the year in respect of a benefit received by the individual in respect of a home relocation loan, may deduct an amount equal to the least of

(a)  the amount of the benefit that would have been deemed to have been received by the individual under sections 487.1 to 487.6 in the year if those sections had applied only in respect of the home relocation loan;

(b)  the amount of interest for the year that would be computed at the prescribed rate referred to in section 487.2 in respect of the home relocation loan of the individual if that loan were in the amount of $25,000 and were extinguished on the earlier of

i.  the day that is five years after the day on which the home relocation loan was made, and

ii.  the day on which the home relocation loan was extinguished; and

(c)  the amount of the benefit he is deemed to have received under sections 487.1 to 487.6 in the year.

1987, c. 67, s. 141; 1988, c. 4, s. 52; 1988, c. 18, s. 123; 1989, c. 77, s. 74; 1999, c. 83, s. 75; 2000, c. 39, s. 40; 2002, c. 40, s. 48; 2003, c. 9, s. 51; 2004, c. 21, s. 105.

725.7. For the purposes of section 725.6, a loan received by an individual that is used to repay a home relocation loan is deemed to be the same loan as the relocation loan and to have been made on the same day as the relocation loan.

1987, c. 67, s. 141; 1988, c. 18, s. 123.

725.7.1. An individual may deduct, in computing taxable income for a taxation year, the aggregate of all amounts each of which is an amount paid in the year as a reimbursement, under the Universal Child Care Benefit Act, enacted by section 168 of the Budget Implementation Act, 2006 (S.C. 2006, c. 4), of an amount that was included in computing taxable income for the year or a preceding taxation year under the first paragraph of section 694.0.0.1 or that would have been so included for the year or a preceding taxation year had the individual not made an election under the second paragraph of that section.

2006, c. 36, s. 57; 2009, c. 5, s. 242.

725.7.2. An individual may deduct, in computing the individual’s taxable income for a taxation year, the aggregate of all amounts each of which is an amount paid in the year as a repayment, under the Canada Disability Savings Act (S.C. 2007, c. 35), of an amount that was included because of section 905.0.14 in computing the individual’s taxable income for the year or for a preceding taxation year.

2009, c. 15, s. 113.

TITLE V.1.1

Repealed, 2004, c. 21, s. 106.

1993, c. 19, s. 28; 2004, c. 21, s. 106.

725.8. (Repealed).

1993, c. 19, s. 28; 1997, c. 3, s. 71; 2004, c. 21, s. 106.

725.9. (Repealed).

1993, c. 19, s. 28; 1994, c. 16, s. 51; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1999, c. 8, s. 20; 2003, c. 29, s. 170; 2004, c. 21, s. 106.

TITLE VI

Repealed, 1989, c. 5, s. 85.

1989, c. 5, s. 85.

726. (Repealed).

1976, c. 18, s. 13; 1978, c. 26, s. 126; 1984, c. 15, s. 166; 1985, c. 25, s. 116; 1986, c. 15, s. 109; 1988, c. 4, s. 53; 1989, c. 5, s. 85.

TITLE VI.0.1

Repealed, 2005, c. 23, s. 63.

1990, c. 7, s. 21; 2005, c. 23, s. 63.

726.0.1. (Repealed).

1990, c. 7, s. 21; 2005, c. 23, s. 63.

TITLE VI.1 STOCK SAVINGS PLANS

1979, c. 14, s. 3.

726.1. An individual may deduct for the year the amount provided for in section 965.18.

1979, c. 14, s. 3; 1983, c. 44, s. 27; 1985, c. 25, s. 117.

726.2. An individual may deduct from his income for the taxation year 1982 the amount contemplated in section 210 of the Act respecting the sociétés d’entraide économique (chapter S-25.1) and section 131 of the Act respecting certain caisses d’entraide économique (chapter C-3.1).

1982, c. 15, s. 122.

TITLE VI.2 QUÉBEC BUSINESS INVESTMENT COMPANIES

1986, c. 15, s. 110.

726.3. An individual may deduct for the year the amount contemplated in section 965.32.

1986, c. 15, s. 110.

TITLE VI.3 COOPERATIVE INVESTMENT PLANS

1986, c. 15, s. 110.

726.4. An individual may deduct for the year the amounts provided for in sections 965.37 and 965.39.4.

1986, c. 15, s. 110; 2006, c. 37, s. 34.

TITLE VI.3.0.1 STOCK SAVINGS PLANS II

2006, c. 13, s. 50; 2010, c. 5, s. 55.

726.4.0.1. An individual may deduct, for the year, the amount provided for in section 965.126.

2006, c. 13, s. 50.

TITLE VI.3.1 CERTIFIED QUÉBEC FILMS

1989, c. 5, s. 86.

726.4.1. An individual may deduct, in computing his taxable income for a taxation year subsequent to his taxation year 1987, the part or amount, deductible pursuant to the regulations under paragraph a of section 130, of the capital cost of a certified Québec film which he could have deducted, but for section 130.0.1, in computing his income for the year pursuant to paragraph a of the said section.

In this Title, the expression “certified Québec film” has the meaning assigned by the regulations under section 130.

1989, c. 5, s. 86; 1991, c. 8, s. 12.

726.4.2. An amount deducted by an individual under section 726.4.1 in computing his taxable income for a taxation year is, for the purposes of sections 93 to 104, section 130.1 and the regulations under paragraph a of section 130, deemed to have been deducted for that year in computing his income from a business or property pursuant to paragraph a of section 130.

1989, c. 5, s. 86.

726.4.3. An individual who is a member of a partnership at the end of a fiscal period of the partnership may deduct, in computing his taxable income for a taxation year in which the fiscal period ends, an amount not exceeding the aggregate

(a)  of his portion of the aggregate of amounts deducted by a partnership under paragraph a of section 130 or the second paragraph of section 130.1 in computing its income for a fiscal period in respect of a certified Québec film, to the extent that such portion would, but for section 600.0.1, have reduced his portion of the income of the partnership for that fiscal period as determined under paragraph f of section 600 or would, but for the said section 600.0.1, have caused such portion of income so determined to be nil; and

(b)  of his portion of the aggregate of amounts deducted by a partnership under paragraph a of section 130 or the second paragraph of section 130.1 in computing its loss for a fiscal period in respect of a certified Québec film, to the extent that such portion of such amounts has either created or increased such portion of the loss, without exceeding the proportion of the at-risk amount of the individual in respect of the partnership at the end of the fiscal period of the partnership, within the meaning of sections 613.2 to 613.5, that such amounts which have either created or increased such portion of the loss are of the aggregate of all amounts which, but for section 600.0.1, would be his portion of the loss of the partnership for that fiscal period as determined under paragraph g of section 600.

1989, c. 5, s. 86; 1991, c. 8, s. 13; 1997, c. 3, s. 71.

726.4.4. An individual shall deduct, in computing his taxable income for a taxation year subsequent to his taxation year 1987, the excess amount referred to in the first paragraph of section 130.1, which concerns a prescribed class including a certified Québec film, which he would have been bound to deduct in computing his income for the year pursuant to the second paragraph of section 130.1 but for the fourth paragraph of that section.

For the purposes of sections 93 to 104, the excess amount is deemed to have been deducted by the individual under paragraph a of section 130 in computing his income for the year from a business or property.

1989, c. 5, s. 86; 1991, c. 8, s. 14.

726.4.5. An individual may deduct, in computing his taxable income for a taxation year subsequent to his taxation year 1987, the amount by which the amounts he could have deducted for the year, but for section 157.4.3, in computing his income, pursuant to sections 157.4 to 157.4.2, exceed any amount deducted under this section in computing his taxable income for a previous taxation year.

1989, c. 5, s. 86.

726.4.6. Subject to section 726.4.8, an individual who has acquired as first purchaser a certified Québec film may deduct, in computing his taxable income for a taxation year at the end of which he is the owner of the film and which film he has owned without interruption from the acquisition, an amount not exceeding the amount by which the amount obtained by applying the stated percentage, in respect of the film, to the aggregate of all amounts deducted by him in computing his taxable income for that year or a previous taxation year, in respect of the film, pursuant to section 726.4.1 or 726.4.4, exceeds any amount deducted under this section, in respect of the film, in computing his taxable income for a previous taxation year.

1989, c. 5, s. 86; 1991, c. 8, s. 15.

726.4.7. Subject to section 726.4.8, where an individual is a member of a partnership at the end of a particular fiscal period of the partnership in which it acquired, as first purchaser, a certified Québec film, he may deduct, in computing his taxable income for a taxation year in which a fiscal period of the partnership ends and at the end of which period he is a member of the partnership and has been such a member, without interruption, from the end of the particular fiscal period, an amount not exceeding the amount by which his portion of the amount obtained by applying the stated percentage, in respect of the film, to the aggregate of the amounts deducted by the partnership in computing its income for that fiscal period or a previous fiscal period, in respect of the film, pursuant to paragraph a of section 130 or the second paragraph of section 130.1, exceeds any amount deducted by the individual under this section, in respect of the film, in computing his taxable income for a previous taxation year.

For the purposes of this section, the portion of an individual is deemed to be equal to the lesser of

(a)  his portion of the profits of the partnership determined without taking account of this paragraph; and

(b)  his portion of the profits of the partnership determined in respect of the fiscal period of the partnership in which it acquired the film.

1989, c. 5, s. 86; 1991, c. 8, s. 16; 1997, c. 3, s. 71.

726.4.7.1. For the purposes of sections 726.4.6 and 726.4.7, the stated percentage applicable to an individual referred to therein, in respect of a certified Québec film, is

(a)  66 2/3% in the case of any such film

i.  described in section 726.4.7.2, or

ii.  described in section 726.4.7.3 where the financial commitment of the individual or of the partnership of which he is a member, as the case may be, to the film is more than 55% of the capital cost of the film to the individual or partnership, as the case may be;

(b)  33 1/3% in the case of any such film described in section 726.4.7.3 where the financial commitment of the individual or of the partnership of which he is a member, as the case may be, to the film is more than 45%, but not over 55%, of the capital cost of the film to the individual or partnership, as the case may be;

(c)  0% in the case of any other film described in section 726.4.7.3.

1991, c. 8, s. 17; 1997, c. 3, s. 71.

726.4.7.2. A certified Québec film is contemplated in subparagraph i of paragraph a of section 726.4.7.1 where the film is a motion picture film or video tape

(a)  that was acquired before 1 January 1990 and the principal taping or photography thereof was commenced before that date or was completed not later than 1 March 1990;

(b)  that was acquired after 31 December 1989 pursuant to an agreement in writing entered into by an individual or a partnership, as the case may be, not later than 18 December 1989 or in accordance with a final prospectus, preliminary prospectus or offering memorandum filed with the Commission des valeurs mobilières du Québec not later than 18 December 1989, to the extent that the total amount of funds so collected for the production of the film or tape does not exceed the amount stipulated in this regard in the agreement at the time it was entered into or in the final prospectus, preliminary prospectus or offering memorandum, as the case may be, at the time it was filed with the Commission des valeurs mobilières du Québec;

(c)  that was acquired after 31 December 1989 but not later than 31 December 1990, where the following conditions are met:

i.  the individual or partnership having acquired the film or tape has paid for it in full not later than 31 December 1990 and, as the case may be, all members of the partnership have done so with their acquired partnership interest or their additional contribution of capital to the partnership in respect of the film or tape;

ii.  a favourable ruling, prior to the financing necessary for the production of the film or tape, has been obtained from the Société de développement des entreprises culturelles to the effect that

(1)  the film or tape is not a sponsored film, a sports, quiz, variety or public affairs programme, or an advertising, industrial or educational film,

(2)  the film or tape is part of a series that includes other certified Québec films that have been acquired before 1 January 1990, and

(3)  the film or tape is produced at a fixed cost or at a cost determined on the basis of a formula stipulated in a production option agreement entered into before 1 April 1990 by a licensed radio broadcaster or a genuine distributor of films or video tapes;

(d)  the principal taping or photography of which was completed not later than 1 March 1991, which film or tape would be described in paragraph c if subparagraph ii thereof were read as follows:

“ii. the Société de développement des entreprises culturelles has received, not later than 1 March 1990, an application for a ruling and the documents necessary to give such ruling and has given a favourable ruling to the effect that

(1) the film or tape is not a sponsored film, a sports, quiz, variety or public affairs programme, or an advertising, industrial or educational film, and

(2) the film or tape was at a substantially advanced stage on 18 December 1989;”.

1991, c. 8, s. 17; 1994, c. 21, s. 50; 1997, c. 3, s. 71.

726.4.7.3. A certified Québec film referred to in subparagraph ii of paragraph a of section 726.4.7.1 or in paragraph b or c of the said section is a certified Québec film that is not described in section 726.4.7.2.

1991, c. 8, s. 17.

726.4.7.4. For the purposes of section 726.4.7.1, the financial commitment of an individual or partnership, in this section referred to as an “investor”, to a certified Québec film means, subject to the second paragraph, the capital cost of the film to the investor.

Where, in respect of the film, a person or partnership has obtained, is entitled to obtain or can reasonably expect to obtain a benefit or advantage, whether by way of reimbursement, compensation, revenue guarantee or proceeds of disposition of a property exceeding the fair market value of the property, or in any other form or manner whatever, and it may reasonably be considered that the direct or indirect effect of such benefit or advantage is to compensate or indemnify the investor or, as the case may be, one of its members, or to otherwise benefit, in any manner whatever, the investor or, as the case may be, one of its members, the investor’s financial commitment to the film means the amount by which the capital cost of the film to the investor exceeds the amount of the benefit or advantage obtained by the person or partnership, or established or stated,

(a)  where the investor is an individual, not later than on the closing date of the investment in respect of the financing necessary for the production of the film or, failing that, on the date on which the investor irrevocably acquired the film, or

(b)  where the investor is a partnership, not later than the later of the date that would be determined in respect of the film under paragraph a if the investor were an individual and the dates on which, in respect of the film, an individual referred to in section 726.4.7 irrevocably acquired his partnership interest or made an additional contribution of capital to the partnership.

1991, c. 8, s. 17; 1997, c. 3, s. 71.

726.4.8. Notwithstanding sections 726.4.6 and 726.4.7, no amount may be deducted, in either of the following cases, in computing the taxable income of an individual, for a taxation year, in accordance with those sections in respect of a certified Québec film:

(a)  where the individual was allowed a deduction, for the year or a preceding taxation year, in respect of the film under section 726.4.5;

(b)  where the part or the amount of the capital cost of the film that was deductible for the year or a preceding taxation year, in accordance with the regulations under paragraph a of subsection 1 of section 20 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), exceeded 30% of that cost, computed without reference to any additional deduction based on the income from a film and granted in accordance with the latter regulations.

1989, c. 5, s. 86; 1991, c. 8, s. 18.

TITLE VI.3.1.1

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

CHAPTER I

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.1. (Repealed).

1992, c. 1, s. 36; 1993, c. 64, s. 54; 1997, c. 3, s. 29; 1997, c. 14, s. 99.

726.4.8.2. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.3. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

CHAPTER II

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.4. (Repealed).

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.5. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.6. (Repealed).

1992, c. 1, s. 36; 1993, c. 19, s. 29; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.7. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.7.1. (Repealed).

1993, c. 19, s. 30; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.8. (Repealed).

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.9. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.10. (Repealed).

1992, c. 1, s. 36; 1997, c. 14, s. 99.

CHAPTER III

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.11. (Repealed).

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.12. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.13. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

CHAPTER IV

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.14. (Repealed).

1992, c. 1, s. 36; 1997, c. 14, s. 99.

CHAPTER V

Repealed, 1997, c. 14, s. 99.

1992, c. 1, s. 36; 1997, c. 14, s. 99.

726.4.8.15. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 30; 1997, c. 14, s. 99.

726.4.8.16. (Repealed).

1992, c. 1, s. 36; 1993, c. 16, s. 260; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

726.4.8.17. (Repealed).

1992, c. 1, s. 36; 1997, c. 3, s. 71; 1997, c. 14, s. 99.

TITLE VI.3.2 ADDITIONAL DEDUCTION IN RESPECT OF CERTAIN EXPLORATION EXPENSES INCURRED IN QUÉBEC

1989, c. 5, s. 86.

726.4.9. An individual may deduct, in computing his taxable income for a taxation year, an amount not exceeding his exploration base relating to certain Québec exploration expenses at the end of the year, computed before any deduction for the year under this section.

1989, c. 5, s. 86.

726.4.10. For the purposes of this Title, the exploration base relating to certain Québec exploration expenses of an individual, at any time after 31 December 1987, means an amount equal to the amount by which the aggregate of the following amounts exceeds the amount computed under section 726.4.11:

(a)  33 1/3% of the amount by which

i.  the aggregate of the expenses, except those described in section 726.4.12, incurred in Québec by the individual after 30 June 1988 and before that time, and that are

(1)  Canadian exploration expenses that would be described in paragraph a, b.1 or c of section 395 if the reference in those paragraphs to “Canada”, wherever it appears except in subparagraph iv of that paragraph b.1, were a reference to “Québec”, described in paragraph d of the said section 395 if the reference therein to “expenses described in paragraphs a to b.1 and c to c.2” were replaced by a reference to “expenses that would be described in paragraph a, b.1 or c, if the reference in those paragraphs to “Canada”, wherever it appears except in subparagraph iv of paragraph b.1, were a reference to “Québec””, or described in paragraph e of the said section 395 if the reference therein to “an expense described in paragraphs a to c.1” were replaced by a reference to “any expense that would be described in paragraph a, b.1 or c, if the reference in those paragraphs to “Canada”, wherever it appears except in subparagraph iv of paragraph b.1, were a reference to “Québec””, other than expenses described in paragraph b.1 of section 395 that are incurred before 10 May 1996 or incurred after 9 May 1996 pursuant to an agreement in writing referred to in section 359.1 that was entered into before 10 May 1996 in respect of the issue of a flow-through share, or incurred, directly or indirectly, out of the proceeds of a public issue of shares or interests in a partnership in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted before 10 May 1996, or

(2)  Canadian development expenses that would be described in paragraph a or a.1 of section 408 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec”, described in paragraph d of the said section 408 if the reference therein to “expense described in paragraphs a to c” were replaced by a reference to “expense that would be described in paragraph a or a.1, if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “Québec””, which are deemed, under paragraph a of section 359.3, to be Canadian exploration expenses of the individual by reason of a renunciation to the individual under section 359.2.1, exceeds

ii.  the aggregate of all amounts of assistance, within the meaning of paragraph c.0.1 of section 359, which a person, including a partnership, has received, is entitled to receive or becomes, at any time, entitled to receive in respect of an expense referred to in subparagraph i, to the extent that the assistance has not reduced the Canadian exploration expenses of the individual by reason of subparagraph a of the first paragraph of section 359.2, or, by reason of paragraph a of section 359.2.1, the Canadian development expenses deemed to be Canadian exploration expenses of the individual and is not an amount received, receivable or that became, at any time, entitled to be received under subsection 5 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of a flow-through mining expenditure, within the meaning of subsection 9 of that section; and

(b)  his “Québec exploration base”, within the meaning assigned to that expression by regulation, at that time.

1989, c. 5, s. 86; 1990, c. 7, s. 22; 1990, c. 59, s. 255; 1991, c. 8, s. 19; 1992, c. 1, s. 37; 1993, c. 64, s. 55; 1995, c. 1, s. 54; 1995, c. 49, s. 160; 1997, c. 3, s. 71; 1997, c. 14, s. 100; 1997, c. 85, s. 330; 1998, c. 16, s. 179; 2002, c. 40, s. 49; 2004, c. 8, s. 138; 2004, c. 21, s. 107; 2005, c. 23, s. 64.

726.4.10.1. Where an expense referred to in subparagraph i of paragraph a of section 726.4.10 was incurred after 14 May 1992, the reference in the said paragraph a to “33 1/3%” shall, in respect of the expense, read as a reference to “25%”.

The first paragraph does not apply in respect of an expense

(a)  incurred pursuant to an agreement in writing referred to in section 359.1 that was entered into before 15 May 1992 in respect of the issue of a flow-through share, or

(b)  incurred, directly or indirectly, out of the proceeds of a public issue of shares or interests in a partnership in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted before 15 May 1992.

1993, c. 19, s. 31; 1997, c. 3, s. 71.

726.4.10.2. Notwithstanding section 726.4.10.1, where an expense referred to in subparagraph i of paragraph a of section 726.4.10 was incurred after 12 June 2003, the percentage of 33 1/3% mentioned in that paragraph a shall, in respect of the expense, be replaced by a percentage of 10.42%.

The first paragraph does not apply in respect of an expense incurred as a result of

(a)  an investment made on or before 12 June 2003, in relation to a flow-through share issued after that date; or

(b)  an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus, as the case may be, made on or before 12 June 2003, in relation to a flow-through share issued after that date.

2004, c. 21, s. 108.

726.4.10.3. Despite sections 726.4.10.1 and 726.4.10.2, if an expense referred to in subparagraph i of paragraph a of section 726.4.10 was incurred after 30 March 2004, the percentage of 33 1/3% mentioned in that paragraph a is to be replaced, in respect of the expense, by a percentage of 25%.

The first paragraph does not apply in respect of an expense if it was incurred as a consequence of the acquisition of a flow-through share before 31 March 2004.

2005, c. 23, s. 65.

726.4.11. The amount that must be deducted from the aggregate determined under section 726.4.10 at any time referred to therein is equal to the aggregate of

(a)  each amount deducted by the individual under section 726.4.9 in computing his taxable income for a taxation year ending before that time and

(b)  33 1/3% of each amount that became receivable by the individual before that time but after 30 June 1988 and in respect of which the consideration given by him was a property other than a property disposed of by the individual to any person with whom he was not dealing at arm’s length, a share, depreciable property of a prescribed class or a Canadian resource property, or services, the cost of which may reasonably be regarded as having been an expenditure in respect of which an amount was included, under section 726.4.10, in computing the exploration base relating to certain Québec exploration expenses of the individual or of a person with whom he was not dealing at arm’s length.

1989, c. 5, s. 86.

726.4.11.1. Where an amount referred to in paragraph b of section 726.4.11 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be regarded as having been an expenditure in respect of which section 726.4.10.1 applied, the reference in paragraph b of the said section 726.4.11 to “33 1/3%” shall, in respect of the amount, read as a reference to “25%”.

1993, c. 19, s. 32.

726.4.11.2. Notwithstanding section 726.4.11.1, where an amount referred to in paragraph b of section 726.4.11 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be regarded as an expenditure in respect of which section 726.4.10.2 applied, the percentage of 33 1/3% mentioned in paragraph b of section 726.4.11 shall, in respect of the amount, be replaced by a percentage of 10.42%.

2004, c. 21, s. 109.

726.4.11.3. Despite sections 726.4.11.1 and 726.4.11.2, if an amount referred to in paragraph b of section 726.4.11 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be considered to be an expenditure in respect of which section 726.4.10.3 applied, the percentage of 33 1/3% mentioned in paragraph b of section 726.4.11 is to be replaced, in respect of the amount, by a percentage of 25%.

2005, c. 23, s. 66.

726.4.12. Expenses referred to in subparagraph i of paragraph a of section 726.4.10 do not include

(a)  any amount included in the Canadian exploration and development overhead expenses of the individual, within the meaning of the regulations;

(b)  any amount relating to Canadian exploration expenses or Canadian development expenses that is renounced by a corporation that is not a qualified corporation, effective after 30 June 1988, pursuant to section 359.2 or 359.2.1, as the case may be, in respect of a share;

(c)  any amount relating to financing, including expenses incurred before the beginning of the carrying on of a business;

(d)  expenses that are Canadian exploration expenses of the individual under paragraph d or e of section 395, to the extent that they refer

i.  to expenses incurred after 30 June 1988 and before the time referred to in section 726.4.10, by a partnership that is not a qualified partnership or by a qualified partnership in accordance with an agreement described in that paragraph e entered into with a corporation that is not a qualified corporation, or

ii.  to expenses incurred in the period described in subparagraph i by the individual in accordance with an agreement described in that paragraph e with a corporation that is not a qualified corporation; or

(e)  any prescribed expense.

1989, c. 5, s. 86; 1990, c. 7, s. 23; 1991, c. 8, s. 20; 1992, c. 1, s. 38; 1993, c. 64, s. 56; 1995, c. 1, s. 55; 1995, c. 49, s. 161; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 85, s. 330; 2002, c. 40, s. 50; 2004, c. 21, s. 110; 2005, c. 23, s. 67.

726.4.13. Where an expense incurred before any time is included in the aggregate determined under subparagraph i of paragraph a of section 726.4.10 in respect of an individual and, after that time, a person, including a partnership, becomes entitled to receive assistance, within the meaning of paragraph c.0.1 of section 359, in respect of that expense, the assistance must be included in the aggregate referred to in subparagraph ii of that paragraph a in respect of the individual at the time the expense was incurred, to the extent that it has not reduced the amount of the expense by reason of subparagraph a of the first paragraph of section 359.2 or paragraph a of section 359.2.1.

1989, c. 5, s. 86; 1995, c. 49, s. 162; 1997, c. 3, s. 71; 1999, c. 83, s. 76.

726.4.14. For the purposes of this Title, a qualified partnership is a partnership all the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses referred to in paragraph d of section 395 are incurred and throughout the twelve-month period preceding that time, fulfils the following conditions:

(a)  neither the partnership nor any of its members operates a mineral resource or an oil or gas well;

(b)  none of its members is a corporation that controls a corporation operating a mineral resource or an oil or gas well or is so controlled by such a corporation.

1989, c. 5, s. 86; 1990, c. 7, s. 24; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

726.4.15. In this Title, a qualified corporation is a corporation all of the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses in respect of which an amount is renounced under section 359.2 or 359.2.1 or at the time the expenses referred to in paragraph e of section 395, as the case may be, are incurred, and throughout the 12-month period preceding that time, fulfils the following conditions:

(a)  the corporation does not operate any mineral resource or oil or gas well;

(b)  the corporation neither controls another corporation that operates a mineral resource or an oil or gas well nor is so controlled by such a corporation.

1989, c. 5, s. 86; 1990, c. 7, s. 25; 1995, c. 49, s. 163; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

726.4.16. For the purposes of this Title and for greater certainty, the operation of a mineral resource or an oil or gas well shall be interpreted as such an operation carried out in reasonable commercial quantities.

1989, c. 5, s. 86.

726.4.17. For the purposes of this Title, where a member of a partnership is deemed to have incurred Canadian exploration expenses under paragraph d of section 395, the expenses are deemed to have been incurred by the member at the time they were incurred by the partnership.

1989, c. 5, s. 86; 1997, c. 3, s. 71.

TITLE VI.3.2.1 ADDITIONAL DEDUCTION IN RESPECT OF CERTAIN SURFACE MINING EXPLORATION EXPENSES OR OIL AND GAS EXPLORATION EXPENSES INCURRED IN QUÉBEC

1990, c. 7, s. 26; 1997, c. 14, s. 101.

726.4.17.1. An individual may deduct, in computing his taxable income for a taxation year, an amount not exceeding his exploration base relating to certain Québec surface mining or oil and gas exploration expenses at the end of the year, computed before any deduction for the year under this section.

1990, c. 7, s. 26; 1997, c. 14, s. 290.

726.4.17.2. In this Title, the exploration base relating to certain Québec surface mining exploration expenses or oil and gas exploration expenses of an individual, at any time, means an amount equal to the amount by which the amount computed under section 726.4.17.3 is exceeded by 33 1/3% of the amount by which

(a)  the aggregate of the expenses, except those described in section 726.4.17.4, incurred in Québec by the individual before that time, and that are

i.  Canadian exploration expenses incurred by the individual after 31 December 1988 and that would be described in paragraph c of section 395 if the reference therein to “Canada”, wherever it appears, were a reference to “Québec”, described in paragraph d of the said section 395 if the reference therein to “expenses described in paragraphs a to b.1 and c to c.2” were replaced by a reference to “expenses that would be described in paragraph c, if the reference therein to “Canada”, wherever it appears, were a reference to “Québec””, or described in paragraph e of the said section 395 if the reference therein to “an expense described in paragraphs a to c.1” were replaced by a reference to “any expense that would be described in paragraph c, if the reference therein to “Canada”, wherever it appears, were a reference to “Québec””, except any of those expenses that are related to removing overburden and stripping, where such work is more than is needed to obtain indicators of mineralization or for the preliminary sampling thereof, or related to drilling and trenching or digging test pits, where such work constitutes underground exploration work, or

ii.  expenses referred to in subparagraph 1 or 2 of subparagraph i of paragraph a of section 726.4.10, incurred by the individual after 9 May 1996, other than expenses that would be referred to in subparagraph i if that subparagraph were read without reference to “, except any of those expenses that are related to removing overburden and stripping, where such work is more than is needed to obtain indicators of mineralization or for the preliminary sampling thereof, or related to drilling and trenching or digging test pits, where such work constitutes underground exploration work”; exceeds

(b)  the aggregate of all amounts of assistance, within the meaning of paragraph c.0.1 of section 359, which a person, including a partnership, has received, is entitled to receive or becomes, at any time, entitled to receive in respect of an expense referred to in paragraph a, to the extent that the assistance has not reduced the Canadian exploration expenses of the individual by reason of subparagraph a of the first paragraph of section 359.2 and is not an amount received, receivable or that became, at any time, entitled to be received under subsection 5 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of a flow-through mining expenditure, within the meaning of subsection 9 of that section.

1990, c. 7, s. 26; 1990, c. 59, s. 256; 1991, c. 8, s. 21; 1992, c. 1, s. 39; 1993, c. 64, s. 57; 1995, c. 1, s. 56; 1997, c. 3, s. 71; 1997, c. 14, s. 102; 1997, c. 85, s. 330; 1998, c. 16, s. 180; 2002, c. 40, s. 51; 2004, c. 8, s. 139; 2004, c. 21, s. 111; 2005, c. 23, s. 68.

726.4.17.2.1. Where an expense referred to in paragraph a of section 726.4.17.2 was incurred after 14 May 1992, the reference in the said section to “33 1/3%” shall read, in respect of the expense, as a reference to “50%”.

The first paragraph does not apply in respect of an expense

(a)  incurred pursuant to an agreement in writing referred to in section 359.1 that was entered into before 15 May 1992 in respect of the issue of a flow-through share, or

(b)  incurred, directly or indirectly, out of the proceeds of a public issue of shares or interests in a partnership in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted before 15 May 1992.

1993, c. 19, s. 33; 1997, c. 3, s. 71.

726.4.17.2.2. Notwithstanding section 726.4.17.2.1, where an expense referred to in paragraph a of section 726.4.17.2 was incurred after 12 June 2003, the percentage of 33 1/3% mentioned in that section shall, in respect of the expense, be replaced by a percentage of 20.83%.

The first paragraph does not apply in respect of an expense incurred as a result of

(a)  an investment made on or before 12 June 2003, in relation to a flow-through share issued after that date; or

(b)  an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus, as the case may be, made on or before 12 June 2003 in relation to a flow-through share issued after that date.

2004, c. 21, s. 112.

726.4.17.2.3. Despite sections 726.4.17.2.1 and 726.4.17.2.2, if an expense referred to in paragraph a of section 726.4.17.2 was incurred after 30 March 2004, the percentage of 33 1/3% mentioned in that section is to be replaced, in respect of the expense, by a percentage of 25%.

The first paragraph does not apply in respect of an expense if it was incurred as a consequence of the acquisition of a flow-through share before 31 March 2004.

2005, c. 23, s. 69.

726.4.17.3. The amount that must be deducted from the amount determined under section 726.4.17.2 at any time referred to therein is equal to the aggregate of

(a)  each amount deducted by the individual under section 726.4.17.1 in computing his taxable income for a taxation year ending before that time, and

(b)  33 1/3% of each amount that became receivable by the individual before that time but after 31 December 1988 and in respect of which the consideration given by him was a property other than a property disposed of by the individual to any person with whom he was not dealing at arm’s length, a share, depreciable property of a prescribed class or a Canadian resource property, or services, the cost of which may reasonably be regarded as having been an expenditure in respect of which an amount was included, under section 726.4.17.2, in computing the exploration base relating to certain Québec surface mining or oil and gas exploration expenses of the individual or of a person with whom he was not dealing at arm’s length.

1990, c. 7, s. 26; 1997, c. 14, s. 290.

726.4.17.3.1. Where an amount referred to in paragraph b of section 726.4.17.3 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be regarded as having been an expenditure in respect of which section 726.4.17.2.1 applied, the reference in paragraph b of the said section 726.4.17.3 to “33 1/3%” shall, in respect of the amount, read as a reference to “50%”.

1993, c. 19, s. 34.

726.4.17.3.2. Notwithstanding section 726.4.17.3.1, where an amount referred to in paragraph b of section 726.4.17.3 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be regarded as an expenditure in respect of which section 726.4.17.2.2 applied, the percentage of 33 1/3% mentioned in paragraph b of section 726.4.17.3 shall, in respect of the amount, be replaced by a percentage of 20.83%.

2004, c. 21, s. 113.

726.4.17.3.3. Despite sections 726.4.17.3.1 and 726.4.17.3.2, if an amount referred to in paragraph b of section 726.4.17.3 in respect of an individual is an amount in respect of which the consideration given by the individual is a property or services the cost of which may reasonably be considered to be an expenditure in respect of which section 726.4.17.2.3 applied, the percentage of 33 1/3% mentioned in paragraph b of section 726.4.17.3 is to be replaced, in respect of the amount, by a percentage of 25%.

2005, c. 23, s. 70.

726.4.17.4. Expenses referred to in paragraph a of section 726.4.17.2 do not include

(a)  any amount included in the Canadian exploration and development overhead expenses of the individual, within the meaning of the regulations;

(b)  any amount relating to Canadian exploration expenses that is renounced by a corporation that is not a qualified corporation, effective after 31 December 1988, pursuant to section 359.2 in respect of a share;

(c)  any amount relating to financing, including expenses incurred before the beginning of the carrying on of a business;

(d)  expenses that are Canadian exploration expenses of the individual under paragraph d or e of section 395, to the extent that they refer

i.  to expenses incurred after 31 December 1988 and before the time referred to in section 726.4.17.2, by a partnership that is not a qualified partnership or by a qualified partnership in accordance with an agreement described in that paragraph e entered into with a corporation that is not a qualified corporation, or

ii.  to expenses incurred in the period described in subparagraph i by the individual in accordance with an agreement described in that paragraph e entered into with a corporation that is not a qualified corporation.

1990, c. 7, s. 26; 1991, c. 8, s. 22; 1992, c. 1, s. 40; 1993, c. 64, s. 58; 1995, c. 1, s. 57; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 85, s. 330; 2002, c. 40, s. 52; 2004, c. 21, s. 114; 2005, c. 23, s. 71.

726.4.17.5. Where an expense incurred before a particular time is included in the aggregate determined under paragraph a of section 726.4.17.2 in respect of an individual and, after that time, a person, including a partnership, becomes entitled to receive assistance, within the meaning of paragraph c.0.1 of section 359, in respect of that expense, the assistance must be included in the aggregate referred to in paragraph b of that section 726.4.17.2 in respect of the individual at the time the expense was incurred, to the extent that he has not reduced the expense by virtue of subparagraph a of the first paragraph of section 359.2.

1990, c. 7, s. 26; 1997, c. 3, s. 71.

726.4.17.6. For the purposes of this Title, a qualified partnership is a partnership all the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses referred to in paragraph d of section 395 are incurred and throughout the twelve-month period preceding that time, fulfils the following conditions:

(a)  neither the partnership nor any of its members operates a mineral resource or an oil or gas well;

(b)  none of its members is a corporation that controls a corporation operating a mineral resource or an oil or gas well or is so controlled by such a corporation.

1990, c. 7, s. 26; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

726.4.17.7. For the purposes of this Title, a qualified corporation is a corporation all of the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses referred to in paragraph e of section 395 or at the time the expenses in respect of which an amount is renounced under section 359.2, as the case may be, are incurred, and throughout the twelve-month period preceding that time, fulfils the following conditions:

(a)  the corporation does not operate any mineral resource or oil or gas well;

(b)  the corporation neither controls another corporation that operates a mineral resource or an oil or gas well nor is so controlled by such a corporation.

1990, c. 7, s. 26; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

726.4.17.8. For the purposes of this Title and for greater certainty, the operation of a mineral resource or an oil or gas well shall be interpreted as such an operation carried out in reasonable commercial quantities.

1990, c. 7, s. 26.

726.4.17.9. For the purposes of this Title, where a member of a partnership is deemed to have incurred Canadian exploration expenses under paragraph d of section 395, the expenses are deemed to have been incurred by the member at the time they were incurred by the partnership.

1990, c. 7, s. 26; 1997, c. 3, s. 71.

TITLE VI.3.2.2 ADDITIONAL DEDUCTION IN RESPECT OF CERTAIN ISSUE EXPENSES

1992, c. 1, s. 41.

726.4.17.10. An individual may deduct, in computing his taxable income for a taxation year, an amount not exceeding his issue base relating to certain issue expenses at the end of the year, computed before any deduction for the year under this section.

1992, c. 1, s. 41.

726.4.17.11. For the purposes of this Title, the issue base relating to certain issue expenses of an individual, at any time, means an amount equal to the amount by which the aggregate of the following amounts exceeds the aggregate of the amounts deducted by the individual under section 726.4.17.10 in computing his taxable income for a taxation year ending before that time:

(a)  the aggregate of all amounts each of which is equal to such proportion of the amount that is renounced under section 726.4.17.12 by a corporation in respect of a share issue as is represented by the ratio between, on the one hand, the aggregate determined under subparagraph i of paragraph a of section 726.4.10 in respect of the individual, for a taxation year ending at or before that time, relating to Canadian exploration expenses incurred out of the proceeds of the share issue and, on the other hand, the aggregate described in subparagraph b of the second paragraph of section 726.4.17.12 in respect of the share issue; and

(b)  the aggregate of all amounts each of which is equal to such proportion of the amount that is renounced under section 726.4.17.13 by a partnership in respect of a security issue the proceeds of which have been used to acquire flow-through shares issued by a corporation as is represented by the ratio between, on the one hand, the aggregate determined under subparagraph i of paragraph a of section 726.4.10 in respect of the individual, for a taxation year ending at or before that time, relating to Canadian exploration expenses incurred out of the portion, subscribed by the partnership, of the proceeds of the issue of the flow-through shares and, on the other hand, the aggregate described in subparagraph b of the second paragraph of section 726.4.17.13 in respect of the security issue.

However, subject to the third paragraph, the amount that an individual may include for a taxation year, under subparagraph a of the first paragraph, in his issue base relating to certain issue expenses in relation to a share issue, shall in no case be greater than the amount by which

(a)  the aggregate of

i.  the amount of the consideration paid by the individual to acquire shares at the time of the share issue; and

ii.  where the amount, or part of the amount, is an amount included in the issue base by reason of the individual’s being a member of a particular partnership, the amount that may reasonably be considered to be the individual’s share in the consideration that the particular partnership, or, as the case may be, another partnership, paid to acquire shares at the time of the share issue; exceeds

(b)  the aggregate of

i.  the amounts renounced by a corporation at or before the end of the year to the individual in respect of the shares contemplated in subparagraph i of subparagraph a under section 359.2 or 359.4, or that may reasonably be expected to be renounced by the corporation after the end of the year to the individual in respect of the said shares under the said sections;

ii.  the individual’s share and, where applicable, the share of any other person having possessed or able to acquire the individual’s interest in the particular partnership contemplated in subparagraph ii of subparagraph a, in the aggregate of the amounts renounced by a corporation at or before the end of the year to a partnership in respect of the shares contemplated in subparagraph ii of subparagraph a under section 359.2 or 359.4, or that may reasonably be expected to be renounced by the corporation after the end of the year to a partnership in respect of the said shares under the said sections; and

iii.  the amounts previously included under this section in the individual’s issue base in relation to the said share issue.

Notwithstanding the foregoing, where at any time in a taxation year an individual is a limited partner, within the meaning of section 613.6, of a partnership, the following rules apply:

(a)  the aggregate of all amounts each of which is an amount determined under subparagraph a or b of the first paragraph by reference to the portion, which is referred to in subparagraph i of paragraph a of section 726.4.10 for the year in respect of the individual, of his share of the Canadian exploration expenses incurred by the partnership in a fiscal period thereof ending in the year shall in no case be greater than the amount by which the amount determined for the individual under the second paragraph of section 613.1, in respect of the partnership at the end of that fiscal period, exceeds the aggregate of

i.  any amount that may reasonably be expected to be an amount referred to in subparagraph c of the second paragraph of the said section 613.1 for the individual, or for another person having acquired the individual’s partnership interest, in respect of the partnership at the end of a subsequent fiscal period thereof; and

ii.  all amounts each of which is the individual’s share of any loss of the partnership for the fiscal period from a business, other than a farming business, or from property, that may be deducted by the individual in computing his income for the year or included in computing his non-capital loss for the year;

(b)  the amount of the reduction, by reason of subparagraph a, of the aggregate described firstly in that subparagraph in respect of the individual for the year is deemed to be a loss of the individual as a limited partner in respect of the partnership for the year.

1992, c. 1, s. 41; 1993, c. 64, s. 59; 1995, c. 1, s. 58; 1997, c. 3, s. 71; 1997, c. 14, s. 103; 1998, c. 16, s. 181; 2000, c. 5, s. 293; 2001, c. 7, s. 85.

726.4.17.12. A corporation which makes a public issue of shares, including flow-through shares, the receipt for the final prospectus or the exemption from filing a prospectus of which was granted after 2 May 1991 may renounce, in respect of the share issue, an amount not exceeding the amount determined, in respect of that share issue, by the formula

(A × B) / C.

For the purposes of the formula set forth in the first paragraph,

(a)  A is the lesser of

i.  the aggregate of the expenses incurred by the corporation, in the course of the share issue and out of the proceeds thereof, at or before the time the renunciation is made and, where such is the case, the reasonable additional expenses the corporation expects to incur after that time, in the course of the share issue and out of the proceeds thereof, and

ii.  15% of the aggregate of the proceeds of the share issue at or before the time the renunciation is made and, where such is the case, the additional proceeds the corporation expects to receive for the additional shares it intends to issue after that time as part of the share issue;

(b)  B is the aggregate of all amounts each of which is either an expense referred to in subparagraph i of paragraph a of section 726.4.10 in respect of an individual and incurred, at or before the time the renunciation is made, out of the proceeds of the share issue, or any amount that may reasonably be expected to be such an expense in respect of an individual incurred after that time out of the proceeds of the share issue;

(c)  C is the amount by which the aggregate of the proceeds of the share issue at or before the time the renunciation is made and, where such is the case, the additional proceeds the corporation expects to receive for the additional shares it intends to issue after that time as part of the share issue, exceeds the amount used for A.

Any renunciation made by a corporation under the first paragraph in respect of a share issue is valid only if it is made, in prescribed form, on 31 December in the calendar year in which the share issue commenced or within 60 days thereafter.

The first paragraph does not apply in respect of a public issue of shares in respect of which the application for a receipt for the preliminary prospectus or the application for an exemption from filing a prospectus, as the case may be, is made after 12 June 2003, in relation to a flow-through share acquired before 31 March 2004.

1992, c. 1, s. 41; 1993, c. 19, s. 35; 1995, c. 1, s. 59; 1997, c. 3, s. 71; 2000, c. 5, s. 154; 2004, c. 21, s. 115; 2005, c. 23, s. 72.

726.4.17.13. Where a partnership makes a public issue of securities that are interests in the partnership, where the receipt for the final prospectus or the exemption from filing a prospectus of the security issue was granted after 2 May 1991, and where the partnership uses the proceeds of the security issue to acquire flow-through shares issued by a corporation, it may renounce, in respect of the security issue, an amount not exceeding the amount determined, in respect of the security issue, by the formula

(A × B) / C.

For the purposes of the formula set forth in the first paragraph,

(a)  A is the lesser of

i.  the aggregate of the expenses incurred by the partnership, in the course of the issue of securities and out of the proceeds thereof, at or before the time the renunciation is made and, where such is the case, the reasonable additional expenses the partnership expects to incur after that time, in the course of that security issue and out of the proceeds thereof, and

ii.  15% of the aggregate of the proceeds of the security issue at or before the time the renunciation is made and, where such is the case, the additional proceeds the partnership expects to receive for the additional partnership interests it intends to issue after that time as part of the security issue;

(b)  B is the aggregate of all amounts each of which is

i.  an expense referred to in subparagraph i of paragraph a of section 726.4.10 in respect of an individual and incurred, at or before the time the renunciation is made, out of such portion of the proceeds of the flow-through share issue as is subscribed by the partnership at or before that time out of the proceeds of the security issue, or

ii.  any amount that may reasonably be expected to be an expense referred to in subparagraph i of paragraph a of section 726.4.10 in respect of an individual and incurred, after the time the renunciation is made, out of that portion of the proceeds of the flow-through share issue that the partnership subscribed at or before that time, or intends to subscribe after that time, out of the proceeds of the security issue;

(c)  C is the amount by which the aggregate of the proceeds of the security issue at or before the time the renunciation is made and, where such is the case, the additional proceeds the partnership expects to receive for the additional partnership interests it intends to issue after that time as part of the security issue, exceeds the amount used for A.

Any renunciation made by a partnership under the first paragraph in respect of a security issue is valid only if it is made, in prescribed form, on 31 December in the calendar year in which the security issue commenced or within 60 days thereafter.

The first paragraph does not apply in respect of a public issue of securities in respect of which the application for a receipt for the preliminary prospectus or the application for an exemption from filing a prospectus, as the case may be, is made after 12 June 2003 and the proceeds of which were used by the partnership to acquire flow-through shares before 31 March 2004.

1992, c. 1, s. 41; 1993, c. 19, s. 36; 1997, c. 3, s. 71; 2000, c. 5, s. 293; 2004, c. 21, s. 116; 2005, c. 23, s. 73.

726.4.17.14. A corporation or partnership may renounce an amount under section 726.4.17.12 or 726.4.17.13, as the case may be, in respect of an expense,

(a)  on the one hand, only if the expense is an expense that would be deductible under section 147, but for the second paragraph thereof and sections 147.1 and 147.2, in computing the income of the corporation or partnership, as the case may be, for any taxation year; and

(b)  on the other hand, only to the extent that the corporation or partnership, as the case may be, has not deducted the expense in computing its income for any taxation year preceding the year in which the renunciation is made, has not been or cannot reasonably expect to be reimbursed for the expense, has not received or cannot reasonably expect to receive government assistance or non-government assistance, within the meanings assigned by the first paragraph of section 1029.6.0.0.1, in respect of the expense, and has not transferred to another person its right to such a reimbursement or such assistance.

1992, c. 1, s. 41; 1993, c. 64, s. 60; 1997, c. 3, s. 71; 2004, c. 21, s. 117.

726.4.17.15. Where a corporation renounces an amount under section 726.4.17.12 in respect of a share issue, or where a partnership renounces an amount under section 726.4.17.13 in respect of a security issue, the corporation or partnership, as the case may be, shall file with the Minister, on or before the last day of the month following that in which the renunciation is made, a prescribed form in respect of the renunciation it has so made.

1992, c. 1, s. 41; 1997, c. 3, s. 71.

726.4.17.16. Where a corporation has renounced an amount under section 726.4.17.12 in respect of a share issue, or where a partnership has renounced an amount under section 726.4.17.13 in respect of a security issue, sections 38 to 40.1 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications and without restricting their generality, for the purpose of permitting the Minister to verify or ascertain

(a)  expenses in respect of which the corporation or partnership has so renounced that amount;

(b)  the amount so renounced by the corporation or partnership in respect of those expenses;

(b.1)  government assistance or non-government assistance, within the meaning assigned by the first paragraph of section 1029.6.0.0.1, in respect of those expenses; and

(c)  any information relating either to expenses in respect of which the corporation or partnership has renounced an amount or the amount so renounced by the corporation or partnership, or to any government assistance or non-government assistance, within the meaning assigned by the first paragraph of section 1029.6.0.0.1, in respect of those expenses.

1992, c. 1, s. 41; 1993, c. 16, s. 261; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2004, c. 21, s. 118.

726.4.17.17. Where the amount that a corporation or partnership purported to renounce, in respect of a share issue or a security issue, under section 726.4.17.12 or 726.4.17.13, as the case may be, in respect of expenses incurred by it in the course of the issue either exceeds the amount it may renounce under that section in respect of the issue or, where upon making the renunciation, it took into account expenses not yet incurred at that time or any other amount not yet received or subscribed at that time, differs from the particular amount it would have been entitled to renounce under the said section in respect of that issue if, at that time, it could have taken into account the expenses actually incurred after that time and other amounts actually received or subscribed after that time, the following rules apply:

(a)  the corporation or partnership shall, as the case may be, either reduce the amount so renounced in respect of the issue by the amount of the excess, or alter it to make it equal to the particular amount;

(b)  the corporation or partnership, as the case may be, shall file a statement with the Minister indicating the adjustments made in the amount so renounced.

For the purposes of this Title, where the corporation or the partnership fails to comply with subparagraphs a and b of the first paragraph within 30 days after notice in writing by the Minister has been forwarded to it that the adjustment as provided in the said subparagraph a is or will be required for the purposes of any assessment of tax under this Part, the Minister may, as the case may be, either reduce the amount purported to be renounced by it in respect of the issue contemplated in the first paragraph by the amount of the excess referred to in that paragraph, or alter it to make it equal to the particular amount referred to in that paragraph.

In either such case, the amount renounced by the corporation or partnership in respect of the issue is deemed, notwithstanding section 726.4.17.12 or 726.4.17.13, as the case may be, to be the amount as reduced or altered, as the case may be, by the corporation or partnership or by the Minister, as the case may be.

1992, c. 1, s. 41; 1997, c. 3, s. 71.

TITLE VI.3.2.3 ADDITIONAL DEDUCTION IN RESPECT OF CERTAIN EXPLORATION EXPENSES INCURRED IN THE NEAR NORTH AND FAR NORTH OF QUÉBEC

1999, c. 83, s. 77.

726.4.17.18. In this Title,

“northern exploration zone” means a territory situated in Québec, which comprises

(a)  the territory between 50°30’ north latitude and 55°00’ north latitude and bounded on the east by the Grenville Front;

(b)  the portion of the territory of the Lower North Shore situated between 59°00’ west longitude and 66°00’ west longitude; and

(c)  the territory situated north of 55°00’ north latitude;

“qualified corporation” means a corporation all of the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses in respect of which an amount is renounced under section 359.2 or 359.2.1 are incurred, and throughout the 12-month period preceding that time, fulfills the following conditions:

(a)  the corporation does not operate any mineral resource or oil or gas well;

(b)  the corporation neither controls another corporation that operates a mineral resource or an oil or gas well nor is so controlled by such a corporation;

“qualified partnership” means a partnership all the activities of which consist mainly in exploring for minerals, petroleum or gas or developing a mineral resource or an oil or gas well and which, at the time the expenses referred to in paragraph d of section 395 are incurred and, throughout the 12-month period preceding that time, fulfills the following conditions:

(a)  neither the partnership nor any of its members operates a mineral resource or an oil or gas well;

(b)  none of its members is a corporation that controls a corporation operating a mineral resource or an oil or gas well or is so controlled by such a corporation.

1999, c. 83, s. 77; 2002, c. 40, s. 53.

726.4.17.19. A corporation may deduct, in computing its taxable income for a taxation year, an amount not exceeding its exploration base relating to certain exploration expenses incurred in a northern exploration zone at the end of the year, computed before any deduction for the year under this section.

1999, c. 83, s. 77.

726.4.17.20. In this Title, the exploration base relating to certain exploration expenses incurred in a northern exploration zone of a corporation, at any time, means an amount equal to the amount by which the amount computed under section 726.4.17.21 is exceeded by 25% of the amount by which

(a)  the aggregate of the expenses, except those described in section 726.4.17.22, incurred by the corporation in a northern exploration zone after 31 March 1998 and before that time, and that are

i.  Canadian exploration expenses that would be described in paragraph a, b.1 or c of section 395 if the reference in those paragraphs to “Canada”, wherever it appears except in subparagraph iv of that paragraph b.1, were a reference to “the northern exploration zone”, or described in paragraph d of that section 395 if the reference therein to “expenses described in paragraphs a to b.1 and c to c.2” were replaced by a reference to “expenses that would be described in paragraph a, b.1 or c, if the reference in those paragraphs to “Canada”, wherever it appears except in subparagraph iv of paragraph b.1, were a reference to “the northern exploration zone” ”, or

ii.  Canadian development expenses that would be described in paragraph a or a.1 of section 408 if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “the northern exploration zone”, or described in paragraph d of that section 408 if the reference therein to “expense described in paragraphs a to c” were replaced by a reference to “expense that would be described in paragraph a or a.1, if the reference in those paragraphs to “Canada”, wherever it appears, were a reference to “the northern exploration zone” ”, and that are deemed, under paragraph a of section 359.3, to be Canadian exploration expenses of the corporation by reason of a renunciation to the corporation under section 359.2.1; exceeds

(b)  the aggregate of all amounts of assistance, within the meaning of paragraph c.0.1 of section 359, that a person, including a partnership, has received, is entitled to receive or becomes, at any time, entitled to receive in respect of an expense referred to in paragraph a, to the extent that the assistance has not reduced, by reason of subparagraph a of the first paragraph of section 359.2, the Canadian exploration expenses of the corporation or, by reason of paragraph a of section 359.2.1, the Canadian development expenses deemed to be Canadian exploration expenses of the corporation.

1999, c. 83, s. 77; 2002, c. 40, s. 54; 2004, c. 21, s. 119; 2005, c. 23, s. 74.

726.4.17.21. The amount to which section 726.4.17.20 refers is equal, at any time referred to therein, to the aggregate of

(a)  any amount deducted by the corporation under section 726.4.17.19 in computing its taxable income for a taxation year ending before that time, and

(b)  25% of each amount that became receivable by the corporation before that time but after 31 March 1998 and in respect of which the consideration given by the corporation was a property, other than a property disposed of by the corporation to any person with whom the corporation was not dealing at arm’s length, a share, depreciable property of a prescribed class or a Canadian resource property, or services, the cost of which may reasonably be regarded as having been an expenditure in respect of which an amount was included, under section 726.4.17.20, in computing the exploration base relating to certain exploration expenses of the corporation or of a person with whom the corporation was not dealing at arm’s length, incurred in a northern exploration zone.

1999, c. 83, s. 77.

726.4.17.22. The expenses to which paragraph a of section 726.4.17.20 refers are

(a)  any amount included in the Canadian exploration and development overhead expenses of the corporation, within the meaning of the regulations;

(b)  any amount relating to Canadian exploration expenses or Canadian development expenses that is renounced by a corporation that is not a qualified corporation, effective after 31 March 1998, under section 359.2 or 359.2.1, as the case may be, in respect of a share;

(c)  any amount relating to financing, including expenses incurred before the beginning of the carrying on of a business;

(d)  expenses that are Canadian exploration expenses of the corporation under paragraph d of section 395, to the extent that they refer to expenses incurred, after 31 March 1998 and before the time referred to in section 726.4.17.20, by a partnership that is not a qualified partnership;

(e)  any prescribed expense; and

(f)  expenses that are eligible expenses, within the meaning of section 1029.8.36.167, taken into account in computing an amount that the corporation is deemed to have paid to the Minister for a taxation year under Division II.6.15 of Chapter III.1 of Title III of Book IX.

1999, c. 83, s. 77; 2005, c. 1, s. 137.

726.4.17.23. Where an expense incurred before any time is included in the aggregate determined under paragraph a of section 726.4.17.20 in respect of a corporation and, after that time, a person, including a partnership, becomes entitled to receive assistance, within the meaning of paragraph c.0.1 of section 359, in respect of that expense, the assistance shall be included in the aggregate referred to in paragraph b of that section 726.4.17.20 in respect of the corporation at the time the expense was incurred, to the extent that it has not reduced the amount of the expense by reason of subparagraph a of the first paragraph of section 359.2 or paragraph a of section 359.2.1.

1999, c. 83, s. 77.

726.4.17.24. For the purposes of this Title, the operation of a mineral resource or an oil or gas well shall be interpreted as such an operation carried out in reasonable commercial quantities.

1999, c. 83, s. 77.

726.4.17.25. For the purposes of this Title, where a member of a partnership is deemed to have incurred Canadian exploration expenses under paragraph d of section 395, the expenses are deemed to have been incurred by the member at the time they were incurred by the partnership.

1999, c. 83, s. 77.

TITLE VI.3.3

Repealed, 1993, c. 64, s. 61.

1989, c. 5, s. 86; 1993, c. 64, s. 61.

CHAPTER I

Repealed, 1993, c. 64, s. 61.

1989, c. 5, s. 86; 1993, c. 64, s. 61.

726.4.18. (Repealed).

1989, c. 5, s. 86; 1989, c. 77, s. 75; 1990, c. 7, s. 27; 1991, c. 8, s. 23; 1992, c. 1, s. 42; 1993, c. 16, s. 262; 1993, c. 19, s. 37; 1993, c. 64, s. 61.

726.4.18.1. (Repealed).

1990, c. 7, s. 28; 1993, c. 64, s. 61.

726.4.19. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 29; 1993, c. 64, s. 61.

726.4.19.1. (Repealed).

1990, c. 7, s. 30; 1993, c. 64, s. 61.

726.4.20. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 31; 1993, c. 64, s. 61.

726.4.20.1. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.2. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.2.1. (Repealed).

1992, c. 1, s. 43; 1993, c. 64, s. 61.

726.4.20.3. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.4. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.5. (Repealed).

1990, c. 7, s. 32; 1991, c. 8, s. 24; 1993, c. 64, s. 61.

CHAPTER I.1

Repealed, 1993, c. 64, s. 61.

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.6. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

726.4.20.7. (Repealed).

1990, c. 7, s. 32; 1993, c. 64, s. 61.

CHAPTER II

Repealed, 1993, c. 64, s. 61.

1989, c. 5, s. 86; 1993, c. 64, s. 61.

726.4.21. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 33; 1991, c. 8, s. 25; 1993, c. 64, s. 61.

726.4.22. (Repealed).

1989, c. 5, s. 86; 1989, c. 77, s. 76; 1990, c. 7, s. 34; 1991, c. 8, s. 26; 1993, c. 64, s. 61.

726.4.22.1. (Repealed).

1990, c. 7, s. 35; 1991, c. 8, s. 27; 1992, c. 1, s. 44; 1993, c. 19, s. 38; 1993, c. 64, s. 61.

726.4.22.2. (Repealed).

1990, c. 7, s. 35; 1991, c. 8, s. 28; 1993, c. 64, s. 61.

726.4.23. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 36; 1991, c. 8, s. 29; 1993, c. 64, s. 61.

726.4.24. (Repealed).

1989, c. 5, s. 86; 1989, c. 77, s. 77; 1990, c. 7, s. 37; 1991, c. 8, s. 30; 1993, c. 64, s. 61.

726.4.24.1. (Repealed).

1990, c. 7, s. 38; 1991, c. 8, s. 31; 1992, c. 1, s. 45; 1993, c. 19, s. 39; 1993, c. 64, s. 61.

726.4.24.2. (Repealed).

1990, c. 7, s. 38; 1991, c. 8, s. 32; 1993, c. 64, s. 61.

726.4.25. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 39; 1991, c. 8, s. 33; 1993, c. 64, s. 61.

726.4.26. (Repealed).

1989, c. 5, s. 86; 1989, c. 77, s. 78; 1990, c. 7, s. 40; 1991, c. 8, s. 34; 1993, c. 64, s. 61.

726.4.26.1. (Repealed).

1990, c. 7, s. 41; 1991, c. 8, s. 35; 1992, c. 1, s. 46; 1993, c. 19, s. 40; 1993, c. 64, s. 61.

726.4.26.2. (Repealed).

1990, c. 7, s. 41; 1991, c. 8, s. 36; 1993, c. 64, s. 61.

726.4.27. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 42; 1993, c. 64, s. 61.

726.4.28. (Repealed).

1989, c. 5, s. 86; 1993, c. 64, s. 61.

726.4.29. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 43; 1991, c. 8, s. 37; 1993, c. 64, s. 61.

726.4.30. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 44; 1993, c. 64, s. 61.

CHAPTER III

Repealed, 1993, c. 64, s. 61.

1989, c. 5, s. 86; 1990, c. 7, s. 45; 1993, c. 64, s. 61.

DIVISION I

Repealed, 1993, c. 64, s. 61.

1990, c. 7, s. 46; 1993, c. 64, s. 61.

726.4.30.1. (Repealed).

1990, c. 7, s. 46; 1993, c. 64, s. 61.

726.4.30.2. (Repealed).

1990, c. 7, s. 46; 1993, c. 64, s. 61.

DIVISION II

Repealed, 1993, c. 64, s. 61.

1990, c. 7, s. 46; 1993, c. 64, s. 61.

726.4.31. (Repealed).

1989, c. 5, s. 86; 1993, c. 64, s. 61.

726.4.32. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 47; 1993, c. 64, s. 61.

726.4.32.1. (Repealed).

1991, c. 8, s. 38; 1993, c. 64, s. 61.

DIVISION III

Repealed, 1993, c. 64, s. 61.

1990, c. 7, s. 48; 1993, c. 64, s. 61.

726.4.33. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 49; 1992, c. 1, s. 47; 1993, c. 64, s. 61.

CHAPTER IV

Repealed, 1993, c. 64, s. 61.

1989, c. 5, s. 86; 1993, c. 64, s. 61.

726.4.34. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 50; 1990, c. 59, s. 257; 1993, c. 64, s. 61.

726.4.34.1. (Repealed).

1990, c. 7, s. 51; 1993, c. 64, s. 61.

726.4.35. (Repealed).

1989, c. 5, s. 86; 1991, c. 8, s. 39.

726.4.36. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 52; 1993, c. 16, s. 263; 1993, c. 64, s. 61.

726.4.37. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 53; 1993, c. 64, s. 61.

TITLE VI.3.4

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

CHAPTER I

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.38. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.39. (Repealed).

1989, c. 5, s. 86; 1993, c. 64, s. 62; 1995, c. 63, s. 52.

726.4.40. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.41. (Repealed).

1989, c. 5, s. 86; 1995, c. 49, s. 236; 1995, c. 63, s. 52.

726.4.42. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

CHAPTER II

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

DIVISION I

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.43. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 54; 1993, c. 19, s. 41; 1993, c. 64, s. 63; 1995, c. 1, s. 60; 1995, c. 63, s. 52.

DIVISION II

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.44. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.45. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 55; 1993, c. 64, s. 64; 1995, c. 1, s. 61; 1995, c. 63, s. 52.

726.4.46. (Repealed).

1989, c. 5, s. 86; 1995, c. 49, s. 236; 1995, c. 63, s. 52.

726.4.47. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

DIVISION III

Repealed, 1995, c. 63, s. 52.

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.48. (Repealed).

1989, c. 5, s. 86; 1995, c. 49, s. 236; 1995, c. 63, s. 52.

726.4.49. (Repealed).

1989, c. 5, s. 86; 1995, c. 49, s. 236; 1995, c. 63, s. 52.

726.4.50. (Repealed).

1989, c. 5, s. 86; 1995, c. 49, s. 236; 1995, c. 63, s. 52.

726.4.51. (Repealed).

1989, c. 5, s. 86; 1995, c. 63, s. 52.

726.4.52. (Repealed).

1989, c. 5, s. 86; 1990, c. 7, s. 56; 1995, c. 63, s. 52.

TITLE VI.4

Repealed, 1993, c. 19, s. 42.

1986, c. 19, s. 149; 1993, c. 19, s. 42.

726.5. (Repealed).

1986, c. 19, s. 149; 1993, c. 19, s. 42.

TITLE VI.5 CAPITAL GAINS EXEMPTION

1987, c. 67, s. 142.

CHAPTER I INTERPRETATION

1987, c. 67, s. 142.

726.6. In this Title, the expression

(a)  “qualified farm property” of an individual, other than a trust that is not a personal trust, at any time means a property owned at that time by the individual or his spouse, or by a partnership, an interest in which is an interest in a family farm partnership of the individual or his spouse that is

i.  an immovable that has been used principally in the course of carrying on a business of farming in Canada, by

(1)  the individual,

(2)  if the individual is a personal trust, a beneficiary under the trust that is entitled to receive directly from the trust all or part of the income or capital of the trust,

(3)  the spouse, a child, the father or the mother of a person referred to in subparagraph 1 or 2,

(4)  a corporation, a share of the capital stock of which is a share of the capital stock of a family farm corporation of an individual referred to in any of subparagraphs 1 to 3, or

(5)  a partnership, an interest in which is an interest in a family farm partnership of an individual referred to in any of subparagraphs 1 to 3,

ii.  a share of the capital stock of a family farm corporation of the individual or his spouse,

iii.  an interest in a family farm partnership of the individual or his spouse, or

iv.  an incorporeal capital property used, in the course of carrying on the business of farming in Canada, by a person or partnership referred to in subparagraphs 1 to 5 of subparagraph i or by a personal trust from which the individual acquired capital property;

(a.0.1)  “qualified fishing property” of an individual, other than a trust that is not a personal trust, at any time means a property owned at that time by the individual, the spouse of the individual or a partnership, an interest in which is an interest in a family fishing partnership of the individual or the individual’s spouse that is

i.  an immovable or a fishing boat that was used principally in the course of carrying on a fishing business in Canada by

(1)  the individual,

(2)  if the individual is a personal trust, a beneficiary under the trust that is entitled to receive directly from the trust all or part of the income or capital of the trust,

(3)  the spouse, a child or the father or mother of a person referred to in subparagraph 1 or 2,

(4)  a corporation, a share of the capital stock of which is a share of the capital stock of a family fishing corporation of an individual referred to in any of subparagraphs 1 to 3, or

(5)  a partnership, an interest in which is an interest in a family fishing partnership of an individual referred to in any of subparagraphs 1 to 3,

ii.  a share of the capital stock of a family fishing corporation of the individual or the individual’s spouse,

iii.  an interest in a family fishing partnership of the individual or the individual’s spouse, or

iv.  an incorporeal capital property used in the course of carrying on a fishing business in Canada by a person or a partnership referred to in any of subparagraphs 1 to 5 of subparagraph i or by a personal trust from which the individual acquired the capital property;

(a.1)  “child” means a child within the meaning of subparagraph d of the first paragraph of section 451;

(a.2)  “investment expense” of an individual for a taxation year means an amount equal to the amount by which the aggregate of the amount included in computing the individual’s income for the year under section 313.10 and the amount included in computing the individual’s taxable income for the year under section 737.0.1 is exceeded by the aggregate of

i.  the aggregate of all amounts each of which is an amount deducted in computing his income for the year from property, except to the extent that the amount was otherwise taken into account in computing his investment expense or his investment income for the year, other than any such amount deducted under

(1)  section 147, 160, 163, 176, 176.4 or 178, in respect of borrowed money that was used by the individual, or that was used to acquire property that was used by the individual, to make a payment as consideration for an income-averaging annuity contract, to pay a premium under a registered retirement savings plan or to make a contribution to a registered pension plan or a deferred profit sharing plan, or

(2)  section 177, the first paragraph of section 360 or section 371, 401, 413, 414, 418.1.10 or 418.7,

ii.  the aggregate of

(1)  all amounts each of which is an amount deducted under section 147, paragraph d of section 157 or section 160, 163, 176, 176.4, 178 or 179 in computing his income for the year from a partnership of which he was a specified member in the fiscal period thereof ending in the year, and

(2)  all amounts each of which is an amount deducted under section 147.2 or 176.3 in computing his income for the year in respect of an expense incurred by a partnership of which he was a specified member in the fiscal period thereof ending immediately before the partnership ceased to exist,

iii.  the aggregate of

(1)  all amounts, other than allowable capital losses, each of which is an amount deducted in computing his income for the year in respect of his share of any loss of a partnership of which he was a specified member in the fiscal period thereof ending in the year, and

(2)  all amounts each of which is an amount deducted under section 733.0.0.1 in computing his taxable income for the year,

iv.  50% of the aggregate of all amounts each of which is an amount deducted under section 371, 401, 413, 414, 418.1.10 or 418.7 in computing his income for the year in respect of expenses incurred and renounced under section 359.2, 359.2.1, 359.4 or 359.6 by a corporation or in respect of expenses incurred by a partnership of which he was a specified member in the fiscal period of the partnership in which the expense was incurred, other than any such expense that would be referred to in subparagraph i of paragraph a of section 726.4.10 if the reference therein to “30 June 1988” were a reference to “31 December 1988”,

v.  the aggregate of all amounts each of which is the amount of his loss for the year from property or from renting or leasing a rental property within the meaning of section 130R88 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) or a property described in Class 31 or 32 of Schedule B to the said regulation, if the property was owned by the individual or by a partnership of which he was a member other than a partnership of which he was a specified member in the fiscal year thereof ending in the year, and

vi.  the amount by which the aggregate of his net capital losses for other taxation years deducted under section 729 in computing his taxable income for the year exceeds the amount determined in respect of the individual for the year under subparagraph 1 of subparagraph ii of subparagraph b;

vii.  the amount deducted in computing the individual’s income for the year under section 336.6;

(a.3)  “interest in a family farm partnership” of an individual, other than a trust that is not a personal trust, at any time means an interest owned by the individual at that time in a partnership where

i.  throughout any 24-month period ending before that time, more than 50% of the fair market value of the property of the partnership was attributable to

(1)  property that has been used by the partnership or any of the persons referred to in the third paragraph, principally in the course of carrying on the business of farming in Canada in which the individual, a beneficiary referred to in subparagraph b of the third paragraph or a spouse, a child or the father or mother of the individual or of such a beneficiary was actively engaged on a regular and continuous basis,

(2)  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to properties described in subparagraph 3,

(2.1)  a partnership interest in or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph 3, or

(3)  properties described in any of subparagraphs 1 to 2.1, and

ii.  at that time, all or substantially all of the fair market value of the property of the partnership was attributable to property described in subparagraph 3 of subparagraph i;

(a.4)  “interest in a family fishing partnership” of an individual, other than a trust that is not a personal trust, at any time means a partnership interest owned by the individual at that time if

i.  throughout any 24-month period ending before that time, more than 50% of the fair market value of the property of the partnership was attributable to

(1)  property that was used by the partnership or any of the persons referred to in the third paragraph, principally in the course of carrying on a fishing business in Canada in which the individual, a beneficiary referred to in subparagraph b of the third paragraph or the spouse, a child or the father or mother of the individual or of such a beneficiary was actively engaged on a regular and continuous basis,

(2)  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph 4,

(3)  a partnership interest in or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph 4, or

(4)  property described in any of subparagraphs 1 to 3, and

ii.  at that time, all or substantially all of the fair market value of the property of the partnership was attributable to property described in subparagraph 4 of subparagraph i;

(b)  “annual gains limit” of an individual for a taxation year means the amount, if any, by which

i.  the lesser of

(1)  the amount determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses, and

(2)  the amount that would be determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties disposed of by the individual after 31 December 1984, qualified small business corporation shares disposed of by the individual after 17 June 1987 and qualified fishing properties disposed of by the individual after 10 December 2002, exceeds

ii.  the aggregate of

(1)  the amount by which the individual’s net capital losses for other taxation years deducted under section 729 in computing the individual’s taxable income for the year exceeds the amount by which the amount determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses exceeds the amount determined under subparagraph i in respect of the individual for the year, and

(2)  the individual’s allowable business investment losses for the year;

(c)  “cumulative gains limit” of an individual at the end of a taxation year means the amount, if any, by which

i.  the aggregate of all amounts determined under subparagraph i of subparagraph b in respect of the individual for the year or preceding taxation years that end after 31 December 1984, exceeds

ii.  the aggregate of

(1)  all amounts determined under subparagraph ii of subparagraph b in respect of the individual for the year or preceding taxation years that end after 31 December 1984,

(2)  the amount deducted by the individual under subparagraph iii of subparagraph c of the first paragraph of section 28 in computing his income for the taxation year 1985,

(3)  all amounts deducted by the individual under this Title in computing his taxable income for preceding taxation years, and

(4)  the individual’s cumulative net investment loss at the end of the year;

(d)  “cumulative net investment loss” of an individual at the end of a taxation year means the amount by which

i.  the aggregate of all amounts each of which is the investment expense of the individual for the year or a preceding taxation year ending after 31 December 1987, exceeds

ii.  the aggregate of all amounts each of which is the investment income of the individual for the year or a preceding taxation year ending after 31 December 1987;

(e)  “investment income” of an individual for a taxation year means the aggregate of the following amounts:

i.  the aggregate of all amounts each of which is an amount included in computing his income for the year from property, other than an amount included under section 113, paragraph c of section 312 or paragraph c.1 of section 312, as that paragraph read for that year before being struck out, including any amount so included under section 94 in respect of a property the income from which would be income from property, except to the extent that the amount was otherwise taken into account in computing his investment income or investment expense for the year,

ii.  the aggregate of all amounts, other than taxable capital gains, each of which is an amount included in computing his income for the year in respect of his share of the income of a partnership of which he was a specified member in the fiscal period thereof ending in the year, including his share of all amounts included in computing the income of the partnership under section 94,

iii.  50% of all amounts included in computing his income for the year under paragraphs c to e.1 of section 330,

iv.  the aggregate of all amounts each of which is the amount of his income for the year from property or from renting or leasing a rental property within the meaning of section 130R88 of the Regulation respecting the Taxation Act or a property described in Class 31 or 32 of Schedule B to the said regulation, if the property was owned by the individual or by a partnership of which he was a member, other than a partnership of which he was a specified member in the fiscal year thereof ending in the year, including any amount included in computing his income for the year under section 94 in respect of a rental property of the individual or the partnership or in respect of a property any income from which would be income from property,

v.  the amount by which the aggregate of all amounts, other than amounts in respect of an income-averaging annuity contract, an income-averaging annuity contract respecting income from artistic activities or an annuity contract purchased pursuant to a deferred profit sharing plan or a revoked plan, referred to in section 879, included in computing the individual’s income for the year under paragraph c of section 312 or paragraph c.1 of section 312, as that paragraph read for the year before being struck out, exceeds the aggregate of all amounts deducted under paragraph f of section 336 in computing the individual’s income for the year; and

vi.  the amount by which the aggregate of all amounts included under paragraph b of section 28 in respect of capital gains and capital losses in computing his income for the year exceeds the amount determined in respect of the individual for the year under subparagraph i of subparagraph b.

For the purposes of subparagraph iv of subparagraphs a and a.0.1 of the first paragraph, an incorporeal capital property is deemed to include a capital property in respect of which paragraph b of section 437 or subparagraph d of the first paragraph of section 462 applies.

The persons referred to in subparagraph 1 of subparagraph i of subparagraphs a.3 and a.4 of the first paragraph are

(a)  the individual;

(b)  where the individual is a personal trust, a beneficiary of the trust;

(c)  a spouse, a child or the father or mother of the individual or of a beneficiary referred to in subparagraph b;

(d)  a corporation, a share of the capital stock of which is a share of the capital stock of a family farm corporation or a share of the capital stock of a family fishing corporation of the individual, of a beneficiary referred to in subparagraph b or the spouse, a child or the father or mother of the individual or of such a beneficiary; or

(e)  a partnership, an interest in which is an interest in a family farm partnership or an interest in a family fishing partnership of the individual, of a beneficiary referred to in subparagraph b or the spouse, a child or the father or mother of the individual or of such a beneficiary.

1987, c. 67, s. 142; 1990, c. 59, s. 258; 1993, c. 16, s. 264; 1994, c. 22, s. 247; 1995, c. 49, s. 164; 1996, c. 39, s. 179; 1997, c. 3, s. 71; 1997, c. 14, s. 104; 1998, c. 16, s. 251; 2004, c. 8, s. 140; 2004, c. 21, s. 120; 2005, c. 1, s. 138; 2005, c. 23, s. 75; 2005, c. 38, s. 89; 2006, c. 13, s. 51; 2007, c. 12, s. 73; 2009, c. 15, s. 114.

726.6.1. In this Title,

“qualified small business corporation share” of an individual, other than a trust that is not a personal trust, at any time, in this definition and the second paragraph referred to as the “determination time”, means a share of the capital stock of a corporation that,

(a)  at the determination time, is a share of the capital stock of a small business corporation owned by the individual, his spouse or a partnership related to the individual;

(b)  throughout the 24 months immediately preceding the determination time, was not owned by anyone other than the individual or a person or partnership related to the individual; and

(c)  throughout that part of the 24 months immediately preceding the determination time while it was owned by the individual or a person or partnership related to the individual, was a share of the capital stock of a Canadian-controlled private corporation more than 50% of the fair market value of the assets of which was attributable to

i.  assets used principally in a qualified business carried on primarily in Canada by the corporation or by a corporation related to it,

ii.  shares of the capital stock or indebtedness of one or more other corporations that are connected, within the meaning of the regulations, with the corporation, if the following conditions are met:

(1)  throughout that part of the 24 months immediately preceding the determination time that ends at the time the corporation acquired such a share or indebtedness, the share or indebtedness was not owned by anyone other than the corporation, a person or partnership related to the corporation or a person or partnership related to such a person or partnership, and

(2)  throughout that part of the 24 months immediately preceding the determination time while such a share or indebtedness was owned by the corporation, a person or partnership related to it or a person or partnership related to such a person or partnership, it was a share or indebtedness of a Canadian-controlled private corporation more than 50% of the fair market value of the assets of which was attributable to assets described in subparagraph iii, or

iii.  assets described in either of subparagraphs i and ii;

“share of the capital stock of a family farm corporation” of an individual, other than a trust that is not a personal trust, at any time means a share of the capital stock of a corporation owned by the individual at that time, if the following conditions are met:

(a)  throughout any 24-month period ending before that time, more than 50% of the fair market value of the property owned by the corporation was attributable to

i.  property that has been used by a person or partnership referred to in any of subparagraphs 1 to 5 principally in the course of carrying on a business of farming in Canada in which an individual referred to in any of subparagraphs 2 to 4 was actively engaged on a regular and continuous basis:

(1)  the corporation,

(2)  the individual,

(3)  where the individual is a personal trust, a beneficiary of the trust,

(4)  the spouse, a child or the father or mother of the individual referred to in subparagraph 2 or 3,

(4.1)  another corporation that is related to the corporation and of which a share of the capital stock was a share of the capital stock of a family farm corporation of an individual referred to in any of subparagraphs 2 to 4, or

(5)  a partnership an interest in which was an interest in a family farm partnership of an individual referred to in any of subparagraphs 2 to 4,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to the property described in subparagraph iii,

ii.1.  a partnership interest or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iii, or

iii.  property described in any of subparagraphs i to ii.1;

(b)  at that time, all or substantially all of the fair market value of the property owned by the corporation was attributable to property described in subparagraph iii of paragraph a;

“share of the capital stock of a family fishing corporation” of an individual, other than a trust that is not a personal trust, at any time means a share of the capital stock of a corporation owned by the individual at that time if

(a)  throughout any 24-month period ending before that time, more than 50% of the fair market value of the property owned by the corporation was attributable to

i.  property that was used principally in the course of carrying on a fishing business in Canada in which an individual referred to in any of subparagraphs 2 to 4 was actively engaged on a regular and continuous basis by

(1)  the corporation,

(2)  the individual,

(3)  if the individual is a personal trust, a beneficiary under the trust,

(4)  the spouse, a child or the father or mother of an individual referred to in subparagraph 2 or 3,

(5)  another corporation that is related to the corporation and of which a share of the capital stock was a share of the capital stock of a family fishing corporation of an individual referred to in any of subparagraphs 2 to 4, or

(6)  a partnership, an interest in which was an interest in a family fishing partnership of an individual referred to in any of subparagraphs 2 to 4,

ii.  shares of the capital stock or indebtedness of one or more corporations all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv,

iii.  a partnership interest or indebtedness of one or more partnerships all or substantially all of the fair market value of the property of which was attributable to property described in subparagraph iv, or

iv.  property described in any of subparagraphs i to iii; and

(b)  at that time, all or substantially all of the fair market value of the property owned by the corporation was attributable to property described in subparagraph iv of paragraph a.

For the purposes of the definition of “qualified small business corporation share” in the first paragraph,

(a)  where, for any period of time in the 24-month period ending at the determination time, all or substantially all of the fair market value of the assets of a particular corporation that is the corporation or another corporation that was connected with the corporation cannot be attributed to assets described in subparagraph i of subparagraph c of the said definition, shares or indebtedness of corporations described in subparagraph 2 of subparagraph ii of subparagraph c of the said definition, or any combination thereof, the reference in the said subparagraph 2 to “more than 50%” shall, for the particular period of time, be read as a reference to “all or substantially all” in respect of each other corporation that was connected with the particular corporation and, for the purposes of this subparagraph, a corporation is connected with another corporation only where

i.  the corporation is connected, within the meaning of the regulations, with the other corporation, and

ii.  the other corporation owns shares of the capital stock of the corporation and, for the purposes of this subparagraph, the other corporation is deemed to own the shares of the capital stock of any corporation that are owned by a corporation any shares of the capital stock of which are owned or are deemed by this subparagraph to be owned by the other corporation;

(b)  where, at any time in the 24-month period ending at the determination time, the share was substituted for another share, the share shall be considered to have met the requirements of the said definition only where the other share

i.  was not owned by any person or partnership other than a person or partnership described in subparagraph b of the said definition throughout the period commencing 24 months before the determination time and ending at the time of substitution, and

ii.  was a share of the capital stock of a corporation described in subparagraph c of the said definition throughout that part of the period referred to in subparagraph i during which such share was owned by a person or partnership described in subparagraph b of the said definition;

(c)  where, at any time in the 24-month period ending at the determination time, a share referred to in subparagraph ii of subparagraph c of the said definition was substituted for another share, that share shall be considered to have met the requirements of that subparagraph ii only where the other share

i.  was not owned by any person or partnership other than a person or partnership described in subparagraph 1 of subparagraph ii of subparagraph c of the said definition throughout the period commencing 24 months before the determination time and ending at the time of substitution, and

ii.  was a share of the capital stock of a corporation described in subparagraph c of the said definition throughout that part of the period referred to in subparagraph i during which such share was owned by a person or partnership described in subparagraph 1 of subparagraph ii of that subparagraph c;

(d)  a taxpayer is deemed to have disposed of shares that are identical properties in the order in which he acquired them;

(e)  in determining whether a corporation is a small business corporation or a Canadian-controlled private corporation at any time, a right referred to in paragraph b of section 20 shall not include a right under a purchase and sale agreement relating to a share of the capital stock of a corporation;

(f)  a personal trust is deemed

i.  to be related to a person or partnership for any period throughout which the person or partnership was a beneficiary of the trust, and

ii.  in respect of a share of the capital stock of a corporation, to be related to the person from whom it acquired the share where, at the time the trust disposed of the share, all of the beneficiaries, other than registered charities, of the trust were related to that person or would have been so related if that person were living at that time;

(g)  a partnership is deemed to be related to a person for any period throughout which the person was a member of the partnership;

(g.1)  a person who is a member of a partnership that is a member of another partnership is deemed to be a member of the other partnership;

(h)  a corporation that acquires shares of a class of the capital stock of another corporation from any person is deemed in respect of those shares to be related to the person where all or substantially all of the consideration received by that person from the corporation in respect of those shares was common shares of the capital stock of the corporation;

(i)  shares issued after 13 June 1988 by a corporation to a particular person or partnership are deemed to have been owned immediately before their issue by a person who was not related to the particular person or partnership unless the shares were issued

i.  as consideration for other shares,

ii.  as part of a transaction or series of transactions in which the particular person or partnership disposed of property to the corporation that consisted of

(1)  all or substantially all of the assets used in a qualified business carried on by the particular person or the members of that partnership, or

(2)  an interest in a partnership all or substantially all of the assets of which were used in a qualified business carried on by the members of the partnership, or

iii.  as payment of a stock dividend; and

(j)  where, immediately before the death of an individual, a share would, but for subparagraph a of the said definition, be a qualified small business corporation share of an individual, the share is deemed to be a qualified small business corporation share of the individual if it was a qualified small business corporation share of the individual at any time in the 12-month period immediately preceding the death of the individual.

For the purposes of the definition of “qualified small business corporation share” in the first paragraph and of subparagraph f of the second paragraph, a personal trust is deemed to include a trust a trustee of which holds a share for an employee in accordance with section 53.

For the purposes of the definitions of “qualified small business corporation share” and “share of the capital stock of a family farm corporation” in the first paragraph, the fair market value of a net income stabilization account or of a farm income stabilization account is deemed to be nil.

1990, c. 59, s. 259; 1993, c. 16, s. 265; 1994, c. 22, s. 248; 1995, c. 49, s. 165; 1996, c. 39, s. 180; 1997, c. 3, s. 31; 2000, c. 5, s. 155; 2004, c. 21, s. 121; 2007, c. 12, s. 74; 2009, c. 5, s. 243.

726.6.2. For the purposes of the definition of “small business corporation” in section 1, of subparagraph a of the first paragraph of section 451, of the definitions of “qualified small business corporation share” and “share of the capital stock of a family farm corporation” in the first paragraph of section 726.6.1, and of the second paragraph of section 726.6.1, the following rules apply:

(a)  where a person, in this section referred to as the “insured”, whose life was insured under an insurance policy owned by a particular corporation, owned particular shares of the capital stock of the particular corporation, any corporation connected with the particular corporation or with which the particular corporation is connected or any other corporation connected with any such corporation or with which any such corporation is connected, within the meaning of the regulations,

i.  the fair market value of the life insurance policy is deemed, at any time before the death of the insured, to be its cash surrender value, within the meaning of paragraph d of section 966, at that time, and

ii.  the total fair market value of assets described in the second paragraph, other than assets described in subparagraphs i to iii of paragraph c of the definition of “qualified small business corporation share” in the first paragraph of section 726.6.1, subparagraphs i to iii of paragraph b of the definition of “share of the capital stock of a family farm corporation” in that first paragraph, or paragraphs a to d of the definition of “small business corporation” in section 1, as the case may be, of any of those corporations not in excess of the fair market value of the assets immediately after the death of the insured is deemed, until the later of the redemption, acquisition or cancellation referred to in subparagraph b of the second paragraph and the date that is 60 days after the payment of the proceeds under the policy, not to exceed the cash surrender value, within the meaning of paragraph d of section 966, of the life insurance policy immediately before the death of the insured; and

(b)  the fair market value of an asset of a particular corporation that is a share of the capital stock or indebtedness of another corporation with which the particular corporation is connected is deemed to be nil.

The assets referred to in subparagraph ii of subparagraph a of the first paragraph are

(a)  the proceeds, the right to receive the proceeds or attributable to the proceeds of the life insurance policy of which the particular corporation was a beneficiary, and

(b)  used, directly or indirectly, within the 24-month period commencing at the time of the death of the insured or, where written application therefor is made by the particular corporation within that period, within such longer period as the Minister considers reasonable in the circumstances, to redeem, acquire or cancel the particular shares owned by the insured immediately before the death of the insured.

For the purposes of subparagraph b of the first paragraph, a particular corporation is connected with another corporation only where

(a)  the particular corporation is connected, within the meaning of subparagraph a of the second paragraph of section 726.6.1, with the other corporation; and

(b)  the other corporation is not connected, within the meaning of the regulations if the latter were read without reference to paragraph b of section 739, with the particular corporation.

Subparagraph b of the first paragraph applies only in determining whether a share of the capital stock of another corporation with which the particular corporation is connected is a qualified small business corporation share or a share of the capital stock of a family farm corporation and in determining whether the other corporation is a small business corporation.

1993, c. 16, s. 266; 1995, c. 49, s. 166; 1997, c. 3, s. 71.

726.6.3. For the purposes of subparagraph a of the first paragraph of section 726.6, at any time, a property owned at that time by an individual, the individual’s spouse or a partnership, an interest in which is an interest in a family farm partnership of the individual or of the individual’s spouse will not be considered to have been used in the course of carrying on a farming business in Canada, unless

(a)  throughout the period of at least 24 months preceding that time, the property or a property for which the property was substituted was owned by any one or more of

i.  the individual or the spouse, a child or the father or mother of the individual,

ii.  a partnership, an interest in which is an interest in a family farm partnership of the individual or of the individual’s spouse,

iii.  if the individual is a personal trust, the individual from whom the trust acquired the property or the spouse, a child or the father or mother of the individual, or

iv.  a personal trust from which the individual or a child or the father or mother of the individual acquired the property;

(b)  if subparagraph c does not apply, either

i.  in at least two years while the property was owned by one or more persons referred to in subparagraph a, the property was used principally in a farming business carried on in Canada in which an individual referred to in subparagraph a, or if the individual is a personal trust, a beneficiary under the trust, was actively engaged on a regular and continuous basis, and the gross revenue of a person referred to in subparagraph a, in this subparagraph i referred to as the “operator”, from such a business for the period during which the property was owned by a person referred to in subparagraph a exceeded the income of the operator from all other sources for that period, or

ii.  throughout a period of at least 24 months while the property was owned by one or more persons or partnerships referred to in subparagraph a, the property was used by a corporation described in subparagraph 4 of subparagraph i of subparagraph a of the first paragraph of section 726.6 or by a partnership described in subparagraph 5 of that subparagraph i in a farming business in which an individual described in any of subparagraphs 1 to 3 of that subparagraph i was actively engaged on a regular and continuous basis; and

(c)  if the property or a property for which the property was substituted was last acquired by the individual or a partnership before 18 June 1987 or after 17 June 1987 under an agreement in writing entered into before that date,

i.  in the year the property was disposed of by the individual, the property was used principally in the course of carrying on a farming business in Canada by

(1)  the individual or the spouse, a child or the father or mother of the individual,

(2)  a beneficiary described in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 726.6, or the spouse, a child or the father or mother of that beneficiary,

(3)  a corporation described in subparagraph 4 of subparagraph i of subparagraph a of the first paragraph of section 726.6,

(4)  a partnership described in subparagraph 5 of subparagraph i of subparagraph a of the first paragraph of section 726.6, or

(5)  a personal trust from which the individual acquired the property, or

ii.  in at least five years during which the property was owned by any of the persons or partnerships described in subparagraph i, the property was used principally in the course of carrying on a farming business in Canada by any of those persons or partnerships.

If, at any time, a qualified farm property is encumbered with a real servitude, the incorporeal capital property that results from the establishment of that servitude is considered, at that time, to have been used in the course of carrying on a farming business in Canada only if the qualified farm property so encumbered satisfies the conditions set out in subparagraphs a to c of the first paragraph.

2007, c. 12, s. 75.

726.6.4. For the purposes of subparagraph a.0.1 of the first paragraph of section 726.6, at any time, a property owned at that time by an individual, the individual’s spouse or a partnership, an interest in which is an interest in a family fishing partnership of the individual or of the individual’s spouse will not be considered to have been used in the course of carrying on a fishing business in Canada, unless

(a)  throughout the period of at least 24 months preceding that time, the property or a property for which the property was substituted was owned by any one or more of

i.  the individual or the spouse, a child or the father or mother of the individual,

ii.  a partnership, an interest in which is an interest in a family fishing partnership of the individual or of the individual’s spouse,

iii.  if the individual is a personal trust, the individual from whom the trust acquired the property or the spouse, a child or the father or mother of the individual, or

iv.  a personal trust from which the individual or a child or the father or mother of the individual acquired the property; and

(b)  either

i.  in at least two years while the property was owned by one or more persons referred to in subparagraph a, the property was used principally in a fishing business carried on in Canada in which an individual referred to in subparagraph a, or if the individual is a personal trust, a beneficiary under the trust, was actively engaged on a regular and continuous basis, and the gross revenue of a person referred to in subparagraph a, in this subparagraph i referred to as the “operator”, from such a business for the period during which the property was owned by a person referred to in subparagraph a exceeded the income of the operator from all other sources for that period, or

ii.  throughout a period of at least 24 months while the property was owned by one or more persons or partnerships referred to in subparagraph a, the property was used by a corporation described in subparagraph 4 of subparagraph i of subparagraph a.0.1 of the first paragraph of section 726.6 or by a partnership described in subparagraph 5 of that subparagraph i in a fishing business in which an individual described in any of subparagraphs 1 to 3 of that subparagraph i was actively engaged on a regular and continuous basis.

If, at any time, a qualified fishing property is encumbered with a real servitude, the incorporeal capital property that results from the establishment of that servitude is considered, at that time, to have been used in the course of carrying on a fishing business in Canada only if the qualified fishing property so encumbered satisfies the conditions set out in subparagraphs a and b of the first paragraph.

2007, c. 12, s. 75.

CHAPTER II DEDUCTIONS

1987, c. 67, s. 142.

726.7. An individual other than a trust, in computing his taxable income for a taxation year, shall deduct, if he was resident in Canada throughout the year and disposed of qualified farm property in the year or a preceding taxation year ending after 31 December 1984, an amount equal to the least of

(a)  the amount determined by the formula

[$375,000 - (A + B + C + D)] × E;

(b)  his cumulative gains limit at the end of the year;

(c)  his annual gains limit for the year;

(d)  the amount that would be determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties of the individual disposed of after 17 June 1987; and

(e)  the amount that is allowed as a deduction in computing the individual’s taxable income for the year for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under section 110.6 of that Act, in respect of qualified farm properties or, if the amount that is so allowed as a deduction is equal to the maximum amount that the individual may claim as a deduction in that computation under that section in respect of such properties, the amount that the individual specifies and that is not less than that maximum amount.

In the formula provided for in subparagraph a of the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount deducted under this Title in computing the individual’s taxable income for a preceding taxation year that ended before 1 January 1988 or began after 17 October 2000;

(b)  B is the aggregate of all amounts each of which is

i.  3/4 of an amount deducted under this Title in computing the individual’s taxable income for a preceding taxation year that ended after 31 December 1987 but before 1 January 1990, other than amounts deducted under this Title for a taxation year in respect of an amount that was included in computing an individual’s income for that year by reason of subparagraph ii of paragraph a of section 105, as that subparagraph applied for a taxation year that ended before 28 February 2000, or

ii.  3/4 of an amount deducted under this Title in computing the individual’s taxable income for a preceding taxation year that began after 28 February 2000 and ended before 17 October 2000;

(c)  C is 2/3 of the aggregate of all amounts each of which is an amount deducted under this Title in computing the individual’s taxable income

i.  for a preceding taxation year that ended after 31 December 1989 but before 28 February 2000, or

ii.  in respect of an amount that was included in computing the individual’s income for a preceding taxation year that began after 31 December 1987 and ended before 1 January 1990, by reason of subparagraph ii of paragraph a of section 105, as that subparagraph applied for a taxation year that ended before 28 February 2000;

(d)  D is the aggregate of all amounts each of which is, in relation to an amount deducted under this Title in computing the individual’s taxable income for a preceding taxation year that includes 28 February 2000 or 17 October 2000, the product obtained when that amount is multiplied by the reciprocal of the fraction determined in respect of the individual under subparagraph i of subparagraph e for that preceding taxation year; and

(e)  E is

i.  in the case of a taxation year that includes 28 February 2000 or 17 October 2000 or that begins after 28 February 2000 and ends before 17 October 2000, the fraction determined by the formula

[2 × (F + G)]/H, and

ii.  in any other case, 1.

In the formula provided for in subparagraph i of subparagraph e of the second paragraph,

(a)  F is the amount deemed by section 105.3 to be a taxable capital gain of the individual for the year;

(b)  G is the amount by which the amount determined in respect of the individual for the year under paragraph b of section 28 exceeds the amount deemed by section 105.3 to be a taxable capital gain of the individual for the year; and

(c)  H is the aggregate of

i.  the amount deemed by section 105.3 to be a taxable capital gain of the individual for the year multiplied by

(1)  where that amount is the amount referred to in subparagraph a of the first paragraph of section 105.3, the reciprocal of the fraction obtained by multiplying 3/4 by the fraction in section 105.2 that applies to the individual for the year,

(2)  where that amount is the amount referred to in subparagraph b of the first paragraph of section 105.3 and the year does not end after 27 February 2000 and before 18 October 2000, 2, and

(3)  where that amount is the amount referred to in subparagraph b of the first paragraph of section 105.3 and the year ends after 27 February 2000 and before 18 October 2000, 3/2, and

ii.  the excess referred to in subparagraph b multiplied by the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year.

Sections 21.4.6 and 21.4.7 apply, with the necessary modifications, in relation to a claim for a deduction made under section 110.6 of the Income Tax Act in respect of qualified farm properties.

1987, c. 67, s. 142; 1990, c. 59, s. 260; 1994, c. 22, s. 249; 1996, c. 39, s. 181; 2003, c. 2, s. 200; 2007, c. 12, s. 76; 2009, c. 5, s. 244; 2009, c. 15, s. 115.

726.7.1. An individual other than a trust, in computing his taxable income for a taxation year, shall deduct, if he was resident in Canada throughout the year and disposed in the year or a preceding taxation year and after 17 June 1987 of a share of a corporation that, at the time of disposition, was a qualified small business corporation share of the individual, an amount equal to the least of

(a)  the amount determined by the formula provided for in subparagraph a of the first paragraph of section 726.7 in respect of the individual for the year;

(b)  the amount by which his cumulative gains limit at the end of the year exceeds the amount deducted under section 726.7 in computing his taxable income for the year;

(c)  the amount by which his annual gains limit for the year exceeds the amount deducted under section 726.7 in computing his taxable income for the year;

(d)  the amount that would be determined in respect of the individual for the year under paragraph b of section 28, to the extent that the amount is not included in determining the amount in respect of the individual under subparagraph d of the first paragraph of section 726.7 or subparagraph d of the first paragraph of section 726.7.2, in respect of capital gains and capital losses if the only properties referred to in paragraph b of section 28 were qualified small business corporation shares of the individual disposed of after 17 June 1987; and

(e)  the amount that is allowed as a deduction in computing the individual’s taxable income for the year for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under section 110.6 of that Act, in respect of qualified small business corporation shares or, if the amount that is so allowed as a deduction is equal to the maximum amount that the individual may claim as a deduction in that computation under that section in respect of such shares, the amount that the individual specifies and that is not less than that maximum amount.

Sections 21.4.6 and 21.4.7 apply, with the necessary modifications, in relation to a claim for a deduction made under section 110.6 of the Income Tax Act in respect of qualified small business corporation shares.

1990, c. 59, s. 261; 1996, c. 39, s. 182; 1997, c. 3, s. 71; 2003, c. 2, s. 201; 2007, c. 12, s. 77; 2009, c. 5, s. 245.

726.7.2. An individual other than a trust shall deduct, in computing the individual’s taxable income for a taxation year, if the individual was resident in Canada throughout the year and disposed in the year or a preceding taxation year and after 10 December 2002 of a property that was, at the time of the disposition, a qualified fishing property of the individual, an amount equal to the least of

(a)  the amount determined by the formula provided for in subparagraph a of the first paragraph of section 726.7 in respect of the individual for the year;

(b)  the amount by which the individual’s cumulative gains limit at the end of the year exceeds the aggregate of all the amounts deducted under sections 726.7 and 726.7.1 in computing the individual’s taxable income for the year;

(c)  the amount by which the individual’s annual gains limit for the year exceeds the aggregate of all the amounts deducted under sections 726.7 and 726.7.1 in computing the individual’s taxable income for the year;

(d)  the amount that would be determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified fishing property of the individual disposed of after 10 December 2002; and

(e)  the amount that is allowed as a deduction in computing the individual’s taxable income for the year for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under section 110.6 of that Act, in respect of qualified fishing properties or, if the amount that is so allowed as a deduction is equal to the maximum amount that the individual may claim as a deduction in that computation under that section in respect of such properties, the amount that the individual specifies and that is not less than that maximum amount.

Sections 21.4.6 and 21.4.7 apply, with the necessary modifications, in relation to a claim for a deduction made under section 110.6 of the Income Tax Act in respect of qualified fishing properties.

2004, c. 21, s. 122; 2007, c. 12, s. 78; 2009, c. 5, s. 246.

726.7.3. In computing the taxable income of an individual (other than a trust) for the individual’s taxation year that includes 19 March 2007 (in this section referred to as the “transition year”), the individual shall deduct, if the individual was resident in Canada throughout the transition year and the individual disposed of in the transition year, and after 18 March 2007, a qualified farm property of the individual, a qualified small business corporation share of the individual or a qualified fishing property of the individual, an amount equal to the least of

(a)  $125,000;

(b)  the amount by which the individual’s cumulative gains limit at the end of the transition year exceeds the aggregate of all amounts deducted by the individual under sections 726.7 to 726.7.2 in computing the individual’s taxable income for the transition year;

(c)  the amount by which the individual’s annual gains limit for the transition year exceeds the aggregate of all amounts deducted by the individual under sections 726.7 to 726.7.2 in computing the individual’s taxable income for the transition year;

(d)  the amount that would be determined in respect of the individual for the transition year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties of the individual, qualified small business corporation shares of the individual and qualified fishing properties of the individual, disposed of by the individual after 18 March 2007; and

(e)  the amount that is allowed as a deduction in computing the individual’s taxable income for the transition year for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) under subsection 2.3 of section 110.6 of that Act or, if the amount that is so allowed as a deduction is equal to the maximum amount that the individual may claim as a deduction in that computation under that subsection, the amount that the individual specifies and that is not less than that maximum amount.

Sections 21.4.6 and 21.4.7 apply, with the necessary modifications, in relation to a deduction claimed under subsection 2.3 of section 110.6 of the Income Tax Act.

2009, c. 15, s. 116.

726.8. (Repealed).

1987, c. 67, s. 142; 1990, c. 59, s. 262; 1994, c. 22, s. 250; 1996, c. 39, s. 183.

726.9. Despite sections 726.7 to 726.7.2, the total amount that may be deducted under this Title in computing an individual’s taxable income for a taxation year must not exceed the total of the amount determined by the formula in subparagraph a of the first paragraph of section 726.7 in respect of the individual for the year and the amount that may be deducted under section 726.7.3 in respect of the individual for the year.

1987, c. 67, s. 142; 1990, c. 59, s. 263; 1996, c. 39, s. 184; 2003, c. 2, s. 202; 2004, c. 21, s. 123; 2009, c. 15, s. 117.

726.9.1. For the purposes of subparagraph i of subparagraph b of the second paragraph of section 726.7 and subparagraph ii of subparagraph c of that paragraph, amounts deducted under this Title in computing an individual’s taxable income for a taxation year that ended before 1 January 1990 are deemed to have first been deducted in respect of amounts that were included in computing the individual’s income under this Part for the year because of subparagraph ii of paragraph a of section 105, as it applied to a taxation year that ended before 28 February 2000, before being deducted in respect of any other amounts that were included in computing the individual’s income under this Part for the year.

1994, c. 22, s. 251; 1996, c. 39, s. 185; 2003, c. 2, s. 202.

CHAPTER II.1 ELECTION FOR PROPERTY OWNED BY AN INDIVIDUAL ON 22 FEBRUARY 1994

1996, c. 39, s. 186.

726.9.2. Subject to section 726.9.3, where an individual, other than a trust, or a personal trust, each of which is referred to in this chapter as the “elector”, elects in prescribed form to have the provisions of this section apply in respect of

(a)  a capital property, other than an interest in a trust referred to in any of paragraphs b to f of the definition of “flow-through entity” in the first paragraph of section 251.1, owned at the end of 22 February 1994 by the elector, the property is deemed, except for the purposes of Division VI of Chapter II of Title II of Book III, sections 218 to 220 and paragraph a of section 725.3,

i.  to have been disposed of by the elector at that time for proceeds of disposition equal to the greater of

(1)  the amount by which the amount designated in respect of the capital property in the election exceeds the amount that would, if the disposition were a disposition for the purposes of Division VI of Chapter II of Title II of Book III or sections 218 to 220, be included under that division and those sections as a result of the disposition in computing the income of the elector, and

(2)  the adjusted cost base to the elector of the capital property immediately before the disposition, and

ii.  to have been reacquired by the elector immediately after that time at a cost equal to

(1)  where the capital property is an interest in or a share of the capital stock of a flow-through entity, within the meaning assigned by section 251.1, of the elector, the cost to the elector of the property immediately before the disposition referred to in subparagraph i,

(2)  where an amount would, if the disposition referred to in subparagraph i were a disposition for the purposes of Division VI of Chapter II of Title II of Book III or sections 218 to 220, be included under that division and those sections as a result of the disposition in computing the income of the elector, the lesser of the elector’s proceeds of disposition of the property determined under subparagraph i, and the amount determined by the formula

A − B;

(3)  in any other case, the lesser of the amount designated in respect of the capital property in the election, and the amount by which the fair market value of the property at that time exceeds the amount determined by the formula

C − 1.1D;

(b)  a business carried on by the elector, otherwise than as a member of a partnership, on 22 February 1994,

i.  the amount that would be determined under subparagraph ii of paragraph a of section 105 at the end of 22 February 1994 in respect of the elector if the fiscal period of the business ended at that time and all the incorporeal capital property owned at that time by the elector in respect of the business were disposed of by the elector immediately before that time for proceeds of disposition equal to the amount designated in the election in respect of the business is deemed to be a taxable capital gain of the elector for the taxation year in which the fiscal period of the business that includes that time ends from the disposition of a particular property, and

ii.  for the purposes of subparagraph b of the first paragraph of section 106.1, the amount of the taxable capital gain determined under subparagraph i is deemed to have been claimed, by a person who does not deal at arm’s length with each particular person or partnership that does not deal at arm’s length with the elector, as a deduction under this Title in respect of a disposition at that time of the incorporeal capital property; and

(c)  an interest owned at the end of 22 February 1994 by the elector in a trust referred to in any of paragraphs b to f of the definition of “flow-through entity” in the first paragraph of section 251.1, the elector is deemed to have a capital gain for the year from the disposition on 22 February 1994 of property equal to the lesser of

i.  the total of amounts designated in elections made under this section by the elector in respect of interests in the trust, and

ii.  4/3 of the amount that would, if all of the trust’s capital properties were disposed of at the end of 22 February 1994 for proceeds of disposition equal to their fair market value at that time and that portion of the trust’s capital gains and capital losses or its net taxable capital gains, as the case may be, arising from the dispositions as can reasonably be considered to represent the elector’s share thereof were allocated to or designated in respect of the elector, be the increase in the annual gains limit of the elector for the 1994 taxation year as a result of the dispositions.

For the purposes of the formulas in subparagraphs 2 and 3 of subparagraph ii of subparagraph a of the first paragraph,

(a)  A is the amount by which the fair market value of the capital property at the end of 22 February 1994 exceeds the amount that would, if the disposition referred to in subparagraph i of subparagraph a of the first paragraph were a disposition for the purposes of Division VI of Chapter II of Title II of Book III or sections 218 to 220, be included under that division and those sections as a result of the disposition in computing the income of the elector;

(b)  B is the amount that would be determined by the formula in subparagraph  3 of subparagraph ii of subparagraph a of the first paragraph in respect of the capital property if that subparagraph 3 applied to the property;

(c)  C is the amount designated in respect of the capital property in the election; and

(d)  D is the fair market value of the capital property at the end of 22 February 1994.

For the purposes of this Title, the elector is deemed to have disposed of the particular property referred to in subparagraph i of subparagraph b of the first paragraph at the end of 22 February 1994.

1996, c. 39, s. 186; 1997, c. 3, s. 71; 2001, c. 53, s. 260; 2003, c. 2, s. 203; 2005, c. 1, s. 139.

726.9.3. Section 726.9.2 applies to a property or to a business of an elector only if

(a)  where the elector is an individual, other than a trust,

i.  its application to all of the properties in respect of which elections were made under that section by the elector or a spouse of the elector and to all the businesses in respect of which elections were made under that section by the elector

(1)  would result in an increase in the amount deductible under section 726.8 in computing the taxable income of the elector or a spouse of the elector, and

(2)  in respect of each of the taxation years 1994 and 1995, where no part of the taxable capital gain resulting from an election by the elector is included in computing the income of a spouse of the elector, would not result in the amount determined under paragraph a of section 726.8 for the year in respect of the elector being exceeded by the lesser of the amounts determined under paragraphs b and c of section 726.8 for the year in respect of the elector, and where no part of the taxable capital gain resulting from an election by the elector is included in computing the income of the elector, would not result in the amount determined under paragraph a of section 726.8 for the year in respect of a spouse of the elector being exceeded by the lesser of the amounts determined under paragraphs b and c of section 726.8 for the year in respect of the spouse,

ii.  the amount designated in the election in respect of the property exceeds 11/10 of its fair market value at the end of 22 February 1994, or

iii.  the amount designated in the election in respect of the business is $1.00 or exceeds 11/10 of the fair market value at the end of 22 February 1994 of all the incorporeal capital property owned at that time by the elector in respect of the business; and

(b)  where the elector is a personal trust, its application to all of the properties in respect of which an election was made under that section 726.9.2 by the elector would result in

i.  an increase in the amount deemed by section 668.1 to be a taxable capital gain of an individual, other than a trust, who was a beneficiary under the trust at the end of 22 February 1994 and resident in Canada at any time in the individual’s taxation year in which the trust’s taxation year that includes that day ends, or

ii.  where section 726.19 applies to the trust for the trust’s taxation year that includes 22 February 1994, an increase in the amount deductible under that section in computing the trust’s taxable income for that year.

1996, c. 39, s. 186; 2005, c. 1, s. 140.

726.9.4. Where an elector is deemed by section 726.9.2 to have disposed of a non-qualifying immovable property,

(a)  in computing the elector’s taxable capital gain from the disposition, there shall be deducted an amount equal to 3/4 of the amount by which the elector’s capital gain from the disposition exceeds the elector’s eligible immovable property gain from the disposition; and

(b)  in determining at any time after the disposition the capital cost to the elector of the property, where it is a depreciable property, and the adjusted cost base to the elector of the property in any other case, other than where the property was at the end of 22 February 1994 an interest in or a share of the capital stock of a flow-through entity within the meaning assigned by the first paragraph of section 251.1, there shall be deducted 4/3 of the amount determined under paragraph a in respect of the property.

1996, c. 39, s. 186.

726.9.5. Where an elector is deemed by subparagraph a of the first paragraph of section 726.9.2 to have reacquired a property, there shall be deducted in computing the adjusted cost base to the elector of the property at any time after the reacquisition the amount by which

(a)  the amount by which the amount designated in the election under section 726.9.2 in respect of the property exceeds the product obtained by multiplying 1.1 by the fair market value of the property at the end of 22 February 1994, exceeds

(b)  where the property is an interest in or a share of the capital stock of a flow-through entity, within the meaning assigned by the first paragraph of section 251.1, 4/3 of the taxable capital gain that would have resulted from the election if the amount designated in the election were equal to the fair market value of the property at the end of 22 February 1994 and, in any other case, the fair market value of the property at the end of 22 February 1994.

1996, c. 39, s. 186.

726.9.6. Where an elector is deemed by section 726.9.2 to have disposed of an interest in a partnership, in computing the adjusted cost base to the elector of the interest immediately before the disposition

(a)  there shall be added the amount determined by the formula

(A − B) × (C / D) + E; and

(b)  there shall be deducted the amount determined by the formula

(B − A) × (C / D) − E.

For the purposes of the formulas in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the elector’s share of the partnership’s income, other than a taxable capital gain from the disposition of a property, from a source in Canada or from sources in another place for its fiscal period that includes 22 February 1994, in this paragraph referred to as the “particular period” ;

(b)  B is the aggregate of all amounts each of which is the elector’s share of the partnership’s loss, other than an allowable capital loss from the disposition of a property, from a source in Canada or from sources in another place for the particular period;

(c)  C is the number of days in the period that begins the first day of the particular period and ends on 22 February 1994;

(d)  D is the number of days in the particular period; and

(e)  E is 4/3 of the amount that would be determined under paragraph b of section 28 in computing the elector’s income for the taxation year in which the particular period ends if the elector had no taxable capital gains or allowable capital losses other than those arising from dispositions of property by the partnership that occurred before 23 February 1994.

1996, c. 39, s. 186; 1997, c. 3, s. 71.

726.9.7. An election made under section 726.9.2 shall be filed with the Minister

(a)  where the elector is an individual, other than a trust,

i.  if the election is in respect of a business of the elector, on or before the individual’s filing-due date for the taxation year in which the fiscal period of the business that includes 22 February 1994 ends, and

ii.  in any other case, on or before the day on or before which the individual is required to file his fiscal return under section 1000 for the taxation year 1994; and

(b)  where the elector is a personal trust, on or before 31 March of the calendar year following the calendar year in which the taxation year of the trust that includes 22 February 1994 ends.

1996, c. 39, s. 186; 1997, c. 31, s. 70.

726.9.8. Subject to section 726.9.11, an elector may revoke an election made under section 726.9.2 by filing a written notice of the revocation with the Minister on or before 31 December 1997.

1996, c. 39, s. 186.

726.9.9. Where an election made under section 726.9.2 is filed with the Minister after the time prescribed in section 726.9.7, the election is deemed for the purposes of this Title, except section 726.9.12, to have been filed within the time prescribed if it is filed within two years after the expiry of the time limit and if an estimate of the penalty under section 726.9.12 is paid by the elector when the election is filed with the Minister.

1996, c. 39, s. 186; 2001, c. 7, s. 86.

726.9.10. Subject to section 726.9.11, an election made under section 726.9.2 in respect of a property or a business is deemed to be amended and the election, as amended, is deemed, for the purposes of this Title, other than section 726.9.12, to have been filed within the time prescribed in section 726.9.7 if an amended election in prescribed form in respect of the property or the business is filed with the Minister on or before 31 December 1997 and an estimate of the penalty under section 726.9.12 is paid by the elector when the amended election is filed with the Minister.

1996, c. 39, s. 186; 2000, c. 5, s. 156.

726.9.11. An election made under section 726.9.2 cannot be revoked or amended where the amount designated in the election exceeds the product obtained by multiplying 11/10 by

(a)  if the election is in respect of a property other than an interest in a partnership, the fair market value of the property at the end of 22 February 1994;

(b)  if the election is in respect of an interest in a partnership, the greater of $1 and the fair market value of the property at the end of 22 February 1994; and

(c)  if the election is in respect of a business, the greater of $1 and the fair market value at the end of 22 February 1994 of all the incorporeal capital property owned at that time by the elector in respect of the business.

1996, c. 39, s. 186; 2000, c. 5, s. 157; 2005, c. 1, s. 141.

726.9.12. The penalty in respect of an election to which section 726.9.9 or 726.9.10 applies is the amount determined by the formula

(A × B) / 300.

For the purposes of the formula in the first paragraph,

(a)  A is the number of months each of which is a month all or part of which is during the period that begins the day after the expiry of the time prescribed in section 726.9.7 and ends the day the election to which section 726.9.9 applies or the amended election to which section 726.9.10 applies, as the case may be, is filed with the Minister; and

(b)  B is the amount by which the aggregate of all amounts each of which is the taxable capital gain of the elector or a spouse of the elector that results from the application of section 726.9.2 to the property or the business in respect of which the election is made exceeds, where section 726.9.10 applies to the election, the aggregate of all amounts each of which would, if this Act were read without reference to sections 726.9.3 and 726.9.10, be the taxable capital gain of the elector or a spouse of the elector that resulted from the application of section 726.9.2 to the property or the business.

1996, c. 39, s. 186.

726.9.13. The Minister shall, with all due dispatch, examine each election to which section 726.9.9 or 726.9.10 applies, assess the penalty payable and send a notice of assessment to the elector who made the election, and the elector shall pay forthwith to the Minister the unpaid balance of the penalty.

1996, c. 39, s. 186.

CHAPTER III SPECIAL RULES OF APPLICATION

1987, c. 67, s. 142.

726.10. For the purposes of sections 726.7 to 726.7.3, an individual is deemed to have been resident in Canada throughout a particular taxation year where he was resident in Canada at any time in the particular year and throughout the preceding taxation year or the following taxation year.

1987, c. 67, s. 142; 1990, c. 59, s. 264; 1996, c. 39, s. 187; 2004, c. 21, s. 124; 2009, c. 15, s. 118.

726.11. Despite sections 726.7 to 726.7.3, no amount may be deducted under this Title in respect of the capital gain of an individual for a particular taxation year in computing the individual’s taxable income for the particular year, if the individual knowingly or under circumstances amounting to gross negligence,

(a)  fails to file the individual’s fiscal return for the particular year within one year after the individual’s filing-due date for the particular year; or

(b)  fails to report the capital gain in the fiscal return the individual was required to file for the particular year under section 1000.

1987, c. 67, s. 142; 1990, c. 59, s. 265; 1996, c. 39, s. 188; 1997, c. 31, s. 71; 2004, c. 21, s. 125; 2007, c. 12, s. 79; 2009, c. 15, s. 119.

726.12. For the purposes of section 726.11, the Minister establishes the facts justifying that the individual may not make a deduction under this Title.

1987, c. 67, s. 142; 2007, c. 12, s. 79.

726.13. Despite sections 726.7 to 726.7.3, no amount may be deducted under this Title in computing an individual’s taxable income for a taxation year in respect of a capital gain of the individual for the year, if the capital gain is from the disposition of a property, which disposition is part of a series of transactions or events

(a)  that includes a dividend received by a corporation to which dividend section 308.1 does not apply but would apply if this Act were read without reference to section 308.3; or

(b)  in which any property is acquired by a corporation or partnership for consideration that is significantly less than the fair market value of the property at the time of acquisition, other than an acquisition as the result of an amalgamation or merger of corporations or the winding-up of a corporation or partnership or a distribution of property of a trust in satisfaction of all or part of a corporation’s capital interest in the trust.

1987, c. 67, s. 142; 1990, c. 59, s. 266; 1996, c. 39, s. 189; 1997, c. 3, s. 71; 2007, c. 12, s. 80; 2009, c. 15, s. 120.

726.14. Despite sections 726.7 to 726.7.3, where an individual has a capital gain for a taxation year from the disposition of property, no amount in respect of that capital gain shall be deducted under this Title in computing the individual’s taxable income for the year where it may reasonably be concluded, having regard to all the circumstances, that a significant portion of the capital gain is attributable to the fact that dividends were not paid on a share, other than a prescribed share, of a corporation or that dividends paid on such a share in the year or in any preceding taxation year were less than 90% of the average annual rate of return thereon for that year.

1987, c. 67, s. 142; 1990, c. 59, s. 267; 1996, c. 39, s. 189; 2007, c. 12, s. 81; 2009, c. 15, s. 121.

726.15. For the purposes of section 726.14, the average annual rate of return on a share other than a prescribed share of a corporation for a taxation year is the annual rate of return by way of dividends that a knowledgeable and prudent investor who purchased the share on the day it was issued would expect to receive in that year, other than the first year after the issue, in respect of the share if

(a)  there was no delay or postponement of the payment of dividends and no failure to pay dividends in respect of the share;

(b)  there was no variation from year to year in the amount of dividends payable in respect of the share other than where the amount of dividends payable is expressed as an invariant percentage of or by reference to an invariant difference between the dividend expressed as a rate of interest and a generally quoted market interest rate; and

(c)  the proceeds to be received by the investor on the disposition of the share is the same amount the corporation received as consideration on the issue of the share.

1987, c. 67, s. 142; 1997, c. 3, s. 71.

726.16. (Repealed).

1987, c. 67, s. 142; 1990, c. 59, s. 268.

726.17. Notwithstanding any other provision of this Act, where it may reasonably be considered that one of the main reasons for an individual acquiring, holding or having an interest in a partnership or trust, other than an interest in a personal trust, or a share of an investment corporation, mortgage investment corporation or mutual fund corporation, or that one of the main reasons for the existence of any terms, conditions, rights or other attributes of the interest or share, as the case may be, is to enable the individual to receive or have allocated to him a percentage of any capital gain or taxable capital gain of the partnership, trust or corporation that is larger than the percentage of the income of the partnership, trust or corporation to which the individual is entitled, the following rules apply:

(a)  no amount may be deducted under this Title by the individual in respect of any gain contemplated in this section allocated or distributed to him after 21 November 1985; and

(b)  where the individual is a trust, any gain contemplated in this section allocated or distributed to it after 21 November 1985 shall not be included in computing its eligible taxable capital gain within the meaning of section 668.4.

1987, c. 67, s. 142; 1990, c. 59, s. 269; 1996, c. 39, s. 273; 1997, c. 3, s. 32.

726.18. (Repealed).

1987, c. 67, s. 142; 1988, c. 18, s. 64; 1990, c. 59, s. 270.

726.19. Notwithstanding any other provision of this Act, a trust described in subparagraph a of the first paragraph and in the second paragraph of section 653 or in subparagraph a.1 of the said first paragraph, other than a trust that has elected under section 656.4, an alter ego trust or a joint spousal trust, may, in computing its taxable income for its taxation year that includes the day determined in respect of the trust under subparagraph a or a.1 of the first paragraph of section 653, as the case may be, deduct under this Title an amount equal to the least of

(a)  the amount, if any, by which the eligible taxable capital gains, within the meaning of section 668.4, of the trust for that year exceed, at the end of the taxation year in which the spouse died, the amount, if any, by which the aggregate of all amounts each of which is the amount determined under subparagraph ii of subparagraph b of the first paragraph of section 726.6 in respect of the spouse for the year or for a preceding taxation year ending after 31 December 1984, the amount deducted by the spouse under subparagraph iii of paragraph c of the first paragraph of section 28 for his taxation year 1985 and the spouse’s cumulative net investment loss at the end of the year exceeds the aggregate of the amounts determined in respect of the spouse for the year or a preceding taxation year ending after 31 December 1984 under subparagraph i of subparagraph b of the first paragraph of section 726.6;

(b)  the amount that would be determined in respect of the trust for the year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were qualified farm properties disposed of by it after 31 December 1984, qualified small business corporation shares disposed of by it after 17 June 1987 and qualified fishing properties disposed of by it after 1 May 2006; and

(c)  subject to the second paragraph, the amount by which the amount determined by the formula in subparagraph a of the first paragraph of section 726.7 in respect of the spouse for the taxation year in which that spouse died exceeds the amount deducted under this Title for that taxation year by that spouse.

Where the trust’s taxation year includes 28 February 2000 or 17 October 2000 or begins after 28 February 2000 and ends before 17 October 2000, the amount determined under subparagraph c of the first paragraph is deemed to be equal to the product obtained when the amount that would be determined under that subparagraph but for this paragraph is multiplied by the quotient obtained when the fraction in paragraphs a to d of section 231.0.1 that applies to the trust for the year is divided by the fraction provided for the purposes of section 231 in respect of the spouse for the taxation year in which that spouse died.

1987, c. 67, s. 142; 1990, c. 59, s. 271; 1994, c. 22, s. 252; 1996, c. 39, s. 190; 1997, c. 3, s. 71; 2003, c. 2, s. 204; 2007, c. 12, s. 82.

726.19.1. The second paragraph applies to an individual for a taxation year that begins after 19 March 2007 if

(a)  in the taxation year the individual has a taxable capital gain from the disposition, before 19 March 2007, of a qualified farm property of the individual, a qualified small business corporation share of the individual or a qualified fishing property of the individual; and

(b)  the aggregate of all amounts each of which is an amount of a taxable capital gain of the individual described in subparagraph a exceeds the amount that would be determined in respect of the individual for the year by the formula in subparagraph a of the first paragraph of section 726.7 if the formula were read as if “$375,000” was replaced by “$250,000” (the amount of which excess being referred to in the second paragraph as the “denied excess”).

Despite sections 726.7 to 726.7.2, no amount may be deducted under this Title for the taxation year by the individual in respect of the individual’s taxable capital gains for the year described in subparagraph a of the first paragraph to the extent of the denied excess.

2009, c. 15, s. 122.

726.20. For the purposes of this Title, the excess amount determined under paragraph b of section 28 in respect of an individual for a period throughout which he was not resident in Canada is nil.

1987, c. 67, s. 142.

TITLE VI.5.1 ADDITIONAL CAPITAL GAINS EXEMPTION IN RESPECT OF CERTAIN RESOURCE PROPERTIES

1993, c. 19, s. 43.

CHAPTER I INTERPRETATION

1993, c. 19, s. 43.

726.20.1. In this Title,

“eligible taxable capital gain amount” of an individual for a taxation year from the disposition of a resource property, referred to in this definition as the “particular property”, means the least of

(a)  subject to the third paragraph, the amount by which the amount determined under the second paragraph is exceeded by 1/2 of

i.  where the particular property was owned by the individual immediately before the disposition and was a property referred to in paragraph a or b of the definition of “resource property” in respect of the individual, the amount by which the cost to the individual of the particular property, determined without reference, where applicable, to section 419.0.1, exceeds the adjusted cost base to the individual of the particular property immediately before the disposition,

ii.  where the particular property was owned by the individual immediately before the disposition and was a property referred to in paragraph c of the definition of “resource property” in respect of the individual that was substituted for another property that was a flow-through share or an interest in a partnership, the amount by which the cost to the individual of the other property, determined without reference, where applicable, to section 419.0.1, exceeds the aggregate of the adjusted cost base to the individual of the other property immediately before the substitution and the capital gain, if any, of the individual from the disposition, at the time of such a substitution, of the other property or of a property substituted for the other property,

iii.  where immediately before the disposition the particular property was owned by a particular partnership of which the individual is a member, whether directly or indirectly through another partnership, the amount that may reasonably be considered to be the individual’s share of the amount by which the cost to the partnership of the particular property, determined without reference, where applicable, to section 419.0.1, exceeds the adjusted cost base to the partnership of the particular property immediately before the disposition, and

iv.  where the particular property was owned by a particular partnership of which the individual is a member, whether directly or indirectly through another partnership, immediately before the disposition and was a property referred to in paragraph d of the definition of “resource property” in respect of the individual that was substituted for another property that was a flow-through share or an interest in a partnership, the amount that may reasonably be considered to be the individual’s share of the amount by which the cost to the partnership of the other property, determined without reference, where applicable, to section 419.0.1, exceeds the aggregate of the adjusted cost base to the partnership of the other property immediately before the substitution and the capital gain, if any, of the partnership from the disposition, at the time of such a substitution, of the other property or of a property substituted for the other property;

(b)  the taxable capital gain of the individual for the year from the disposition of the particular property; and

(c)  subject to the fourth paragraph, nil, where the particular property is property described in any of sections 726.7 to 726.7.2 and the amount by which the amount determined in respect of the individual for the year by the formula provided for in subparagraph a of the first paragraph of section 726.7 exceeds the amount, if any, deducted under Title VI.5 by the individual in computing the individual’s taxable income for the year is not nil;

“resource property” of an individual or partnership means capital property owned by the individual or the partnership, as the case may be, that is

(a)  a flow-through share issued to the individual or partnership pursuant to an agreement in writing entered into after 14 May 1992, as part of a public share issue, where the flow-through share was issued as part of such an issue, in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted after that date, except for a flow-through share that

i.  was issued following an investment made after 12 June 2003, or following an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made after 12 June 2003, and

ii.  was acquired by the individual or partnership before 31 March 2004;

(b)  an interest in a particular partnership acquired by the individual or partnership after 14 May 1992 as part of a public issue of interests in a partnership, where the interest in the particular partnership was acquired as part of such an issue, in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted after that date, provided that

i.  any of the following conditions is met:

(1)  a flow-through share referred to in paragraph a is issued to the particular partnership, or

(2)  the particular partnership incurs Canadian exploration expenses or Canadian development expenses after 14 May 1992 otherwise than by reason of the acquisition of a flow-through share, and

ii.  where the condition set out in subparagraph 2 of subparagraph i is met, the interest in the particular partnership was not acquired by the individual or partnership before 31 March 2004 following an investment made after 12 June 2003, or following an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made after 12 June 2003; and

(c)  a property, in this paragraph referred to as the “new property”, substituted for another property that was a resource property of the individual under paragraph a or b, where

i.  the new property was then acquired by the individual through a transaction in respect of which an election referred to in section 518, 614 or 620 was made or in respect of which sections 530 to 533, 536 to 539, 541 to 543.2 or 626 to 632 apply, on the winding-up of a Canadian corporation in respect of which sections 556 to 564.1 and 565 apply, or by reason of an amalgamation within the meaning of section 544, and

ii.  the individual has elected, in a letter enclosed with the fiscal return the individual is required to file under section 1000 for the taxation year in which the substitution occurred and containing a description of the other property and the circumstances in which the new property was acquired, on or before the individual’s filing-due date for that taxation year, to consider the new property as being a resource property of the individual under this paragraph; and

(d)  a property, in this paragraph referred to as the “new property”, substituted for another property that was a resource property of the partnership under paragraph a or b, where

i.  the new property was then acquired by the partnership through a transaction in respect of which an election referred to in section 529 was made, and

ii.  each individual who is a member of the partnership has elected, in a letter enclosed with the fiscal return the individual is required to file under section 1000 for the individual’s taxation year in which ends the fiscal period of the partnership in which the substitution occurred and containing a description of the other property and the circumstances in which the new property was acquired, on or before the individual’s filing-due date for that taxation year, to consider the new property as being a resource property of the partnership under this paragraph.

The amount to which the portion of paragraph a of the definition of “eligible taxable capital gain amount” in the first paragraph before subparagraph i refers is the aggregate of

(a)  any amount that can reasonably be considered as deducted by the individual under this Title in respect of the disposition of the particular property in computing the individual’s taxable income for a preceding taxation year that began after 17 October 2000;

(b)  any amount that is the quotient obtained when the amount that can reasonably be considered as deducted by the individual under this Title in respect of the disposition of the particular property in computing the individual’s taxable income for a preceding taxation year that includes 28 February 2000 or 17 October 2000, or that began after 28 February 2000 and ended before 17 October 2000, is divided by twice the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for that preceding taxation year; and

(c)  2/3 of any amount that can reasonably be considered as deducted by the individual under this Title in respect of the disposition of the particular property in computing the individual’s taxable income for a preceding taxation year that ended before 28 February 2000.

Where the individual’s taxation year includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the reference to the fraction “1/2” in the portion of paragraph a of the definition of “eligible taxable capital gain amount” in the first paragraph before subparagraph i shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year;

(b)  the reference to the word “twice” in subparagraph b of the second paragraph shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year; and

(c)  the reference to the fraction “2/3” in subparagraph c of the second paragraph shall be read as a reference to the fraction obtained when the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year is divided by 3/4.

When paragraph c of the definition of “eligible taxable capital gain amount” in the first paragraph applies

(a)  to a taxation year that ends after 18 March 2007 and that includes 19 March 2007, it is to be read as follows:

“(c) nil, where the particular property is property described in any of sections 726.7 to 726.7.2 and the amount by which the total of the amount determined in respect of the individual for the year by the formula provided for in subparagraph a of the first paragraph of section 726.7 and, if the particular property was disposed of after 18 March 2007, $125,000, exceeds the amount, if any, deducted under Title VI.5 by the individual in computing the individual’s taxable income for the year, otherwise than under section 726.7.3 if the particular property was disposed of before 19 March 2007, is not nil;”; and

(b)  to a taxation year that begins after 19 March 2007 in relation to a resource property the disposition of which occurred before that date, it is to be read as follows:

“(c) nil, where the particular property is property described in any of sections 726.7 to 726.7.2 and the amount by which the amount that would be determined in respect of the individual for the year by the formula provided for in subparagraph a of the first paragraph of section 726.7 if the formula were read as if “$375,000” was replaced by “$250,000”, exceeds the amount, if any, deducted under Title VI.5 by the individual in computing the individual’s taxable income for the year is not nil;”.

For the purposes of paragraph d of the definition of “resource property” in the first paragraph, if an individual makes an election under subparagraph ii of that paragraph d, the following rules apply:

(a)  the election is not valid unless it was made on behalf of the individual and of each other individual who is a member of the partnership and the individual had authority to act for the partnership;

(b)  if the election is valid because of subparagraph a, each other individual who is a member of the partnership in the fiscal period is deemed to have made the election; and

(c)  despite subparagraph a, an election deemed to have been made by a member under paragraph b is deemed to be a valid election made by that member.

1993, c. 19, s. 43; 1993, c. 64, s. 65; 1995, c. 1, s. 62; 1996, c. 39, s. 191; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 85, s. 110; 1998, c. 16, s. 182; 2000, c. 5, s. 158; 2002, c. 40, s. 55; 2003, c. 2, s. 205; 2004, c. 21, s. 126; 2005, c. 23, s. 76; 2007, c. 12, s. 83; 2009, c. 15, s. 123.

CHAPTER II DEDUCTION

1993, c. 19, s. 43.

726.20.2. An individual other than a trust, in computing his taxable income for a taxation year may deduct, if he was resident in Canada throughout the year and disposed of a resource property, such amount as he may claim not exceeding the least of

(a)  subject to the third paragraph, the amount by which the amount determined under the second paragraph is exceeded by 1/2 of the excess amount that would be computed under paragraph a of section 726.4.10 in respect of the individual at the end of the year if

i.  the only expenses referred to in that paragraph a were expenses in respect of which section 726.4.10.1 applies, and

ii.  the expenses incurred as a consequence of the acquisition, before 31 March 2004, of a flow-through share or of an interest in a partnership following an investment made after 12 June 2003, or an application for a receipt for the preliminary prospectus or an application for an exemption from filing a prospectus made after 12 June 2003, were not referred to in that paragraph a;

(b)  the aggregate of all amounts each of which is the eligible taxable capital gain amount of the individual for the year from the disposition of a resource property,

(c)  the amount that would be determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses if the only properties referred to in that paragraph were resource properties,

(d)  the amount by which the amount determined in respect of the individual for the year under paragraph b of section 28 in respect of capital gains and capital losses exceeds the aggregate of the amount of the net capital losses of the individual in other taxation years deducted under section 729 in computing the individual’s taxable income for the year and the amount deducted under Title VI.5 by the individual in computing the individual’s taxable income for the year;

(e)  (subparagraph repealed).

The amount to which subparagraph a of the first paragraph refers is the aggregate of

(a)  any amount that the individual deducted under this section in computing the individual’s taxable income for a preceding taxation year that began after 17 October 2000;

(b)  any amount that is the quotient obtained when the amount that the individual deducted under this section in computing the individual’s taxable income for a preceding taxation year that includes 28 February 2000 or 17 October 2000, or began after 28 February 2000 and ended before 17 October 2000, is divided by twice the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for that preceding taxation year; and

(c)  2/3 of any amount that the individual deducted under this section in computing the individual’s taxable income for a preceding taxation year that ended before 28 February 2000.

Where the individual’s taxation year includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the following rules apply:

(a)  the reference to the fraction “1/2” in subparagraph a of the first paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year;

(b)  the reference to the word “twice” in subparagraph b of the second paragraph shall be read, with the necessary modifications, as a reference to the fraction that is the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year; and

(c)  the reference to the fraction “2/3” in subparagraph c of the second paragraph shall be read as a reference to the fraction obtained by dividing 3/4 by the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for the year.

1993, c. 19, s. 43; 1995, c. 1, s. 63; 1996, c. 39, s. 192; 2003, c. 2, s. 206; 2006, c. 13, s. 52.

CHAPTER III SPECIAL RULES OF APPLICATION

1993, c. 19, s. 43.

726.20.3. Sections 726.10 to 726.13, 726.17 and 726.20 apply to this Title, with the necessary modifications.

1993, c. 19, s. 43; 1995, c. 63, s. 261.

726.20.4. Any reference in section 261, 261.1, 270, 462.6, 517.4.2 or 517.4.4, to Title VI.5 or to sections 726.6 to 726.20 is deemed to include a reference to this Title.

1993, c. 19, s. 43; 1996, c. 39, s. 193.

TITLE VI.6

Repealed, 2003, c. 9, s. 52.

1988, c. 18, s. 65; 2003, c. 9, s. 52.

726.21. (Repealed).

1988, c. 18, s. 65; 1993, c. 16, s. 267; 2003, c. 9, s. 52.

726.22. (Repealed).

1988, c. 18, s. 65; 1989, c. 5, s. 87; 1993, c. 16, s. 267; 1994, c. 22, s. 253; 1997, c. 85, s. 111; 1999, c. 83, s. 78; 2000, c. 39, s. 41; 2002, c. 40, s. 56; 2003, c. 9, s. 52.

726.22.1. (Repealed).

1993, c. 16, s. 268; 1997, c. 85, s. 112; 2003, c. 9, s. 52.

726.23. (Repealed).

1988, c. 18, s. 65; 1991, c. 25, s. 86; 1993, c. 16, s. 269; 2001, c. 53, s. 97; 2003, c. 9, s. 52.

726.23.1. (Repealed).

1993, c. 16, s. 270; 2003, c. 9, s. 52.

TITLE VI.7

Repealed, 1993, c. 16, s. 271.

1989, c. 5, s. 88; 1991, c. 8, s. 40; 1993, c. 16, s. 271.

726.24. (Repealed).

1989, c. 5, s. 88; 1991, c. 8, s. 41; 1993, c. 16, s. 271.

726.25. (Repealed).

1989, c. 5, s. 88; 1993, c. 16, s. 271.

TITLE VI.8 DEDUCTION IN RESPECT OF THE COPYRIGHT INCOME OF AN INDIVIDUAL

1995, c. 63, s. 53.

726.26. An individual who in a taxation year is a professional artist within the meaning of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters (chapter S-32.01), or an artist within the meaning of the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1), may deduct, in computing his taxable income for the taxation year, the lesser of

(a)  his copyright income for the year; and

(b)  the amount by which $15,000 exceeds an amount equal to one-half of the amount by which the individual’s copyright income for the year exceeds $30,000.

In the first paragraph, an individual’s copyright income for a taxation year is equal to the amount by which the aggregate of the amounts included in computing the individual’s income for the year from rights described in the third paragraph of which the individual is the first owner, exceeds the aggregate of the amounts deducted in computing the individual’s income for the year and that may reasonably be considered as relating to expenses incurred to collect the amounts from those rights described in the third paragraph.

The rights to which the second paragraph refers are the following:

(a)  copyrights and public lending rights paid under a program administered by the Public Lending Right Commission under the authority of the Canada Council for the Arts, in respect of a work of which the individual is the creator;

(b)  copyrights including an exclusive right in respect of a performance of the individual as a performing artist;

(c)  the right to be paid equitable remuneration conferred on the individual by the Copyright Act (Revised Statutes of Canada, 1985, chapter C-42) for the performance in public or the communication to the public by telecommunication of the sound recording of a performance of the individual as a performing artist; and

(d)  the right to receive remuneration for the reproduction for private use of sound recordings conferred on the individual by the Copyright Act.

1995, c. 63, s. 53; 2002, c. 9, s. 11; 2004, c. 21, s. 127; 2005, c. 23, s. 77.

TITLE VI.9 DEDUCTION FOR QUALIFIED PATRONAGE DIVIDENDS

2004, c. 21, s. 128.

CHAPTER I INTERPRETATION

2004, c. 21, s. 128.

726.27. In this Title,

“qualified cooperative” for a taxation year means a cooperative that holds a qualification certificate issued, for the purposes of this Title, by the Minister of Economic Development, Innovation and Export Trade for the year;

“qualified patronage dividend” for a taxation year means a patronage dividend received by a taxpayer who is a member of a qualified cooperative, or the portion of a patronage dividend received by a taxpayer who is a member of a member partnership of a qualified cooperative, in the year and before 1 January 2013, in the form of a preferred share issued by the qualified cooperative, and that the taxpayer included in computing the taxpayer’s income for the year under section 795.

2004, c. 21, s. 128; 2006, c. 8, s. 31; 2010, c. 25, s. 64.

726.27.1. For the purposes of the definition of “qualified patronage dividend” in section 726.27, if a partnership receives, in a fiscal period of the partnership, a qualified patronage dividend from a qualified cooperative in the form of a preferred share, the share of a taxpayer, who is a member of the partnership at the end of the fiscal period, of the amount of the patronage dividend is equal to the agreed proportion of the amount in respect of the taxpayer for the fiscal period.

2010, c. 25, s. 65.

CHAPTER II DEDUCTION

2004, c. 21, s. 128.

726.28. A taxpayer may deduct in computing the taxpayer’s taxable income for a taxation year the amount of the taxpayer’s qualified patronage dividends for the year, if the taxpayer encloses with the fiscal return the taxpayer is required to file under section 1000 for the year the prescribed form containing the prescribed information.

2004, c. 21, s. 128.

CHAPTER III AMOUNT TO BE INCLUDED

2004, c. 21, s. 128.

726.29. There shall be included in computing a taxpayer’s taxable income for a taxation year the amount of a qualified patronage dividend deducted by the taxpayer under section 726.28 in computing the taxpayer’s taxable income for the year or for a preceding taxation year, where the preferred share relating to the qualified patronage dividend is disposed of in the year by the taxpayer or in the fiscal period ended in the year by the partnership of which the taxpayer is a member at the end of that fiscal period or was a member at the end of the fiscal period ended in the preceding year.

For the purposes of the first paragraph, a member of a cooperative is deemed to dispose of the preferred shares issued by the cooperative that are identical properties in the order in which the member acquired them.

The first paragraph does not apply if the disposition by a member of a preferred share issued by a cooperative results from any of the operations referred to in the fourth paragraph and if, after the operation,

(a)  all of the outstanding preferred shares issued by the cooperative and relating to qualified patronage dividends for a particular taxation year have been exchanged for consideration consisting only of preferred shares or fractions of such shares; and

(b)  except in respect of the order of priority for the repayment of shares in the event of a winding-up, the new preferred shares or the fractions of such shares have the same characteristics as do the shares and fractions of shares they replace.

The operations to which the third paragraph refers are the following:

(a)  an amalgamation, within the meaning of section 544, or a winding-up of the cooperative, if, as a consequence of the amalgamation or winding-up, the member receives from another cooperative a new preferred share issued by the other cooperative to replace the preferred share so disposed of; and

(b)  a conversion of the preferred share or a reorganization of the capital stock of the cooperative, if, as a consequence of the conversion or reorganization, the member receives from the cooperative a new preferred share to replace the preferred share so disposed of.

2004, c. 21, s. 128; 2005, c. 38, s. 90; 2009, c. 15, s. 124; 2010, c. 25, s. 66.

TITLE VI.10 DEDUCTION FOR FOREST PRODUCERS

2006, c. 36, s. 58.

CHAPTER I INTERPRETATION

2006, c. 36, s. 58.

726.30. In this Title,

“associated group” in a taxation year means all the corporations that are associated with each other at any time in the year;

“eligible activity” of an individual or corporation for a taxation year, or of a partnership for a fiscal period, in respect of a private woodlot means the sale of timber to a purchaser having an establishment in Québec, other than a retail sale, derived from the operation of the private woodlot;

“eligibility period” of an individual, corporation or partnership, as the case may be, means the period in which the individual, corporation or partnership is a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot;

“qualified corporation” for a taxation year means a Canadian-controlled private corporation whose paid-up capital attributed to the corporation for the year, determined in accordance with section 726.31, is not greater than $10,000,000.

2006, c. 36, s. 58.

726.31. The paid-up capital attributed to a corporation for a particular taxation year of the corporation is equal to

(a)  if the corporation is not a member of an associated group in the particular year, its paid-up capital, determined in accordance with section 726.32, for the taxation year that precedes the particular year; and

(b)  if the corporation is a member of an associated group in the particular year, the aggregate of all amounts each of which is its paid-up capital, determined in accordance with section 726.32, for the taxation year that precedes the particular year and the paid-up capital of each other member of the group, determined in accordance with section 726.32, for its last taxation year that ended before the beginning of the particular year.

For the purposes of subparagraph a of the first paragraph, if the particular year is the first fiscal period of the corporation, its paid-up capital is determined, in accordance with section 726.32, on the basis of its financial statements prepared at the beginning of that fiscal period in accordance with generally accepted accounting principles or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, on the basis of such financial statements that would be prepared in accordance with generally accepted accounting principles.

For the purposes of subparagraph b of the first paragraph, if a member of the associated group, other than the corporation, has no taxation year ending before the beginning of the particular year, its paid-up capital is determined, in accordance with section 726.32, on the basis of its financial statements prepared at the beginning of its first fiscal period in accordance with generally accepted accounting principles or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, on the basis of such financial statements that would be prepared in accordance with generally accepted accounting principles.

2006, c. 36, s. 58.

726.32. For the purposes of section 726.31, the paid-up capital of a corporation for a taxation year means

(a)  in respect of a corporation, except a corporation that is an insurer within the meaning assigned by the Act respecting insurance (chapter A-32), its paid-up capital that would be determined for that year in accordance with Book III of Part IV if no reference were made to paragraph b.2 of subsection 1 of section 1136, paragraphs d and e of section 1137 and sections 1137.0.0.1, 1138.0.1, 1138.2.1 to 1138.2.3, 1138.2.5, 1138.2.6 and 1141.3 to 1141.11; and

(b)  in respect of a corporation that is an insurer, within the meaning assigned by the Act respecting insurance, its paid-up capital that would be determined for that year in accordance with Title II of Book III of Part IV if it were a bank, if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136 and if no reference were made to sections 1141.3 to 1141.11.

2006, c. 36, s. 58; 2009, c. 15, s. 125.

CHAPTER II DEDUCTION

2006, c. 36, s. 58.

726.33. An individual who, at the end of a taxation year ending before 1 January 2010, is a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot, or is a member of a partnership that is such a certified forest producer in respect of a private woodlot at the end of a fiscal period of the partnership that ends in the year, may deduct in computing the individual’s taxable income for the year, if the individual encloses the documents described in the third paragraph with the fiscal return the individual is required to file for the year under section 1000, an amount not exceeding 80% of the portion of the individual’s income for the year that may reasonably be considered to be equal to the aggregate of

(a)  the amount determined by the formula

A - B; and

(b)  the amount determined by the formula

C - D.

In the formulas in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the amount obtained by multiplying the individual’s income for the taxation year deriving from the individual’s eligible activities for the year in respect of a private woodlot by the proportion that the number of days in the year that are included in the individual’s eligibility period in respect of the private woodlot, is of the number of days in the year;

(b)  B is the aggregate of all amounts each of which is the amount obtained by multiplying the individual’s loss for the taxation year deriving from the individual’s eligible activities for the year in respect of a private woodlot by the proportion that the number of days in the year that are included in the individual’s eligibility period in respect of the private woodlot, is of the number of days in the year;

(c)  C is the aggregate of all amounts each of which is the amount obtained by multiplying the individual’s share of the partnership’s income for its fiscal period that ends in the year deriving from the partnership’s eligible activities for that fiscal period in respect of a private woodlot by the proportion that the number of days in the partnership’s fiscal period that are included in the partnership’s eligibility period in respect of the private woodlot, is of the number of days in the fiscal period; and

(d)  D is the aggregate of all amounts each of which is the amount obtained by multiplying the individual’s share of the partnership’s loss for its fiscal period that ends in the year deriving from the partnership’s eligible activities for that fiscal period in respect of a private woodlot by the proportion that the number of days in the partnership’s fiscal period that are included in the partnership’s eligibility period in respect of the private woodlot, is of the number of days in the fiscal period.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the individual or partnership, as the case may be, attesting to the individual’s or partnership’s capacity as a certified forest producer in respect of the private woodlot.

For the purposes of subparagraphs c and d of the second paragraph, the share, for a fiscal period of a partnership, of an individual who is a member of the partnership of the income or loss of the partnership deriving from the partnership’s eligible activities for the fiscal period in respect of a private woodlot, is equal to the agreed proportion of the income or loss in respect of the individual for the fiscal period.

2006, c. 36, s. 58; 2009, c. 15, s. 126.

726.34. A qualified corporation that, at the end of a taxation year ending before 1 January 2010, is a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot, or is a member of a partnership that is such a certified forest producer in respect of a private woodlot at the end of a fiscal period of the partnership that ends in the year, may deduct in computing its taxable income for the year, if the qualified corporation encloses the documents described in the third paragraph with the fiscal return it is required to file for the year under section 1000, an amount not exceeding 80% of the portion of the qualified corporation’s income for the year that may reasonably be considered to be equal to the aggregate of

(a)  the amount determined by the formula

A - B; and

(b)  the amount determined by the formula

C - D.

In the formulas in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s income for the taxation year deriving from the qualified corporation’s eligible activities for the year in respect of a private woodlot by the proportion that the number of days in the year that are included in the qualified corporation’s eligibility period in respect of the private woodlot, is of the number of days in the year;

(b)  B is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s loss for the taxation year deriving from the qualified corporation’s eligible activities for the year in respect of a private woodlot by the proportion that the number of days in the year that are included in the qualified corporation’s eligibility period in respect of the private woodlot, is of the number of days in the year;

(c)  C is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s share of the partnership’s income for its fiscal period that ends in the year deriving from the partnership’s eligible activities for that fiscal period in respect of a private woodlot by the proportion that the number of days in the partnership’s fiscal period that are included in the partnership’s eligibility period in respect of the private woodlot, is of the number of days in the fiscal period; and

(d)  D is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s share of the partnership’s loss for its fiscal period that ends in the year deriving from the partnership’s eligible activities for that fiscal period in respect of a private woodlot by the proportion that the number of days in the partnership’s fiscal period that are included in the partnership’s eligibility period in respect of the private woodlot, is of the number of days in the fiscal period.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the qualified corporation or to the partnership, as the case may be, attesting to its capacity as a certified forest producer in respect of the private woodlot.

For the purposes of subparagraphs c and d of the second paragraph, the share, for a fiscal period of a partnership, of a qualified corporation that is a member of the partnership of the income or loss of the partnership deriving from the partnership’s eligible activities for the fiscal period in respect of a private woodlot, is equal to the agreed proportion of the income or loss in respect of the qualified corporation for the fiscal period.

2006, c. 36, s. 58; 2009, c. 15, s. 127.

CHAPTER III AMOUNT TO BE INCLUDED

2006, c. 36, s. 58.

726.35. An individual or a qualified corporation that deducted an amount in computing taxable income for a particular taxation year under section 726.33 or 726.34, as the case may be, as a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot, or as a member of a partnership that is such a certified forest producer in respect of a private woodlot, shall include all or part of the amount so deducted in computing taxable income for one or more of the four taxation years that follow the particular year.

The individual or corporation referred to in the first paragraph shall include, in computing taxable income for the fourth taxation year that follows the particular year, an amount equal to the amount by which the amount that the individual or corporation deducted under section 726.33 or 726.34, as the case may be, in computing taxable income for the particular year exceeds the aggregate of all amounts each of which is an amount that the individual or corporation included, under the first paragraph, in computing taxable income for a taxation year that follows the particular year in respect of the amount so deducted.

For the purposes of the second paragraph, any of the following taxation years is deemed to be the fourth taxation year that follows the particular year:

(a)  the taxation year in which the individual or corporation disposes of the private woodlot;

(b)  the taxation year in which ends the partnership’s fiscal period in which the partnership disposes of the private woodlot; or

(c)  the taxation year in which the individual or corporation ceases to be a member of the partnership.

2006, c. 36, s. 58.

726.36. In this Title, the following rules apply in respect of a taxpayer if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the taxpayer and a given partnership that is a forest producer certified under the Forest Act (chapter F-4.1) in respect of a private woodlot at the end of a given fiscal period of the given partnership:

(a)  the taxpayer is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the taxpayer’s particular taxation year in which ends the fiscal period of the interposed partnership of which the taxpayer is directly a member (in this section referred to as the “last interposed partnership”), if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the taxpayer is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period;

(b)  the taxpayer is deemed to be a member of the given partnership at the end of the particular taxation year if

i.  the taxpayer is a member of the last interposed partnership throughout the part of the particular taxation year that begins immediately after the end of that interposed partnership’s interposed fiscal period, and

ii.  in the period described in subparagraph i, the link between the taxpayer and the given partnership did not cease to exist as a result of the interposed partnership ceasing, in the part of the interposed fiscal period of an interposed partnership that begins immediately after the end of the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership was a member at that time, to be a member of that particular partnership;

(c)  for the purpose of determining the taxpayer’s share in an amount in respect of the given partnership for the given fiscal period, the agreed proportion in respect of the taxpayer for that fiscal period of the given partnership is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the taxpayer for the interposed fiscal period of the last interposed partnership of which the taxpayer is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period; and

(d)  the taxpayer is deemed to cease to be a member of the given partnership in a taxation year subsequent to the particular year, if any of the following events occurs and, as a result, the link between the taxpayer and that given partnership ceases to exist:

i.  at a particular time in that subsequent taxation year, the taxpayer ceases to be a member of the last interposed partnership,

ii.  the last interposed partnership ceases, at a particular time in its subsequent fiscal period that ends in that subsequent taxation year, to be a member of the particular partnership whose particular fiscal period ends in that subsequent fiscal period, or

iii.  an interposed partnership ceases, at a particular time in its subsequent fiscal period that would be deemed to end in the subsequent taxation year if paragraph a were applied to that interposed partnership for that fiscal period, without reference to the event described in this subparagraph, to be a member of the particular partnership whose particular fiscal period ends in the subsequent fiscal period.

2009, c. 15, s. 128.

726.37. Section 726.36 does not apply in respect of a taxpayer, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the taxpayer and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the taxpayer to be able to deduct, in computing the taxpayer’s taxable income for a taxation year under this Title, an amount greater than the amount that the taxpayer could have so deducted for that taxation year, but for that interposition.

2009, c. 15, s. 128.

TITLE VII LOSSES

1972, c. 23.

727. A taxpayer may deduct, in a particular taxation year, the non-capital losses sustained by the taxpayer

(a)  in the seven taxation years that precede and in the three taxation years that follow the particular year if the losses are sustained in a taxation year that ends after 31 December 1983, but before 23 March 2004;

(b)  in the 10 taxation years that precede and in the three taxation years that follow the particular year if the losses are sustained in a taxation year that ends after 22 March 2004, but before 1 January 2006; and

(c)  in the 20 taxation years that precede and in the three taxation years that follow the particular year if the losses are sustained in a taxation year that ends after 31 December 2005.

1972, c. 23, s. 545; 1978, c. 26, s. 127; 1985, c. 25, s. 118; 2005, c. 38, s. 91; 2006, c. 36, s. 59.

728. For the purposes of section 727, the “non-capital loss” of a taxpayer for a taxation year means, at a particular time, the amount by which the amount determined under section 728.0.1 in respect of the taxpayer for the year exceeds the aggregate of

(a)  the taxpayer’s farm loss for the year; and

(b)  any amount by which the non-capital loss of the taxpayer for the year is required to be reduced because of sections 485 to 485.18.

1972, c. 23, s. 546; 1978, c. 26, s. 127; 1979, c. 18, s. 58; 1985, c. 25, s. 118; 1986, c. 19, s. 150; 1993, c. 19, s. 44; 1996, c. 39, s. 194; 2001, c. 53, s. 98; 2006, c. 36, s. 60.

728.0.1. The amount to which section 728 refers is the amount by which

(a)  the aggregate of

i.  the taxpayer’s losses for the year from an office, employment, business or property,

ii.  the aggregate of the amounts deducted by the taxpayer in computing the taxpayer’s taxable income for the year under sections 726.4.1, 726.4.3 to 726.4.7 and 729, and Titles VI.5 and VI.5.1, or that the taxpayer could have so deducted for the year under section 726.4.3 if the taxpayer’s income had been sufficient for that purpose, and of the amounts deductible in computing the taxpayer’s taxable income for the year under any of sections 725, 725.0.3, 725.1.1, 725.1.2, 725.2 to 725.6, 738 to 746 and 845, and

iii.  if the particular time referred to in section 728 precedes the taxpayer’s eleventh taxation year that follows the year, the taxpayer’s allowable business investment losses for the year, exceeds

(b)  the amount by which, for the year, in respect of the taxpayer, the total of the aggregate of the amounts determined under paragraphs a and b of section 28 and the portion of the amount determined under section 737.0.1 that does not exceed the amount determined under paragraph b, c, c.1, c.2 or d, as the case may be, of the definition of “additional investment expense” in section 336.5, exceeds the aggregate of

i.  the amount determined under subparagraph i of paragraph c of section 28, and

ii.  the amount by which the aggregate of the amounts deducted by the taxpayer in computing the taxpayer’s taxable income under sections 725.7.1 and 725.7.2, or that the taxpayer could have so deducted if the taxpayer’s income had been sufficient for that purpose, exceeds the aggregate of the amounts the taxpayer is required to include in computing the taxpayer’s taxable income under sections 694.0.0.1 and 694.0.0.3.

1986, c. 19, s. 151; 1987, c. 67, s. 143; 1989, c. 5, s. 89; 1990, c. 59, s. 272; 1993, c. 19, s. 45; 1994, c. 22, s. 254; 1997, c. 85, s. 113; 2001, c. 53, s. 99; 2004, c. 21, s. 129; 2005, c. 38, s. 92; 2006, c. 36, s. 61; 2009, c. 15, s. 129.

728.0.2. Notwithstanding section 728, the non-capital loss of a corporation for a particular taxation year ending after 30 June 1988, determined for the purposes of computing its taxable income for a taxation year ending before 1 July 1988, is deemed to be equal to the amount by which the amount that would, but for this section, be its non-capital loss for the particular taxation year, exceeds 1/5 of the lesser of

(a)  the amount deductible under section 725.1.1 in computing the corporation’s taxable income for the particular taxation year, and

(b)  the amount that would, but for this section, be its non-capital loss for the particular year.

1990, c. 59, s. 273; 1997, c. 3, s. 71.

728.0.3. Notwithstanding section 728, the non-capital loss of a corporation for a particular taxation year ending before 1 July 1988, determined for the purposes of computing its taxable income for a taxation year ending after 30 June 1988, is deemed to be equal to the aggregate of

(a)  the amount that would, but for this section, be its non-capital loss for the particular taxation year, and

(b)  1/4 of the lesser of

i.  the amount deductible under section 725.1.1 in computing the corporation’s taxable income for the particular taxation year, and

ii.  the amount that would, but for this section, be its non-capital loss for the particular taxation year.

1990, c. 59, s. 273; 1997, c. 3, s. 71.

728.0.4. For the purposes of sections 734 and 735, any amount deducted in computing a corporation’s taxable income for a taxation year ending before 1 July 1988 in respect of a non-capital loss for another taxation year ending after 30 June 1988, is deemed to be equal to the aggregate of the amount so deducted and 1/4 of the amount by which the amount so deducted exceeds the amount by which

(a)  the amount deductible for the year in respect of the non-capital loss, exceeds

(b)  4/5 of the amount deductible under section 725.1.1 in computing its taxable income for the other taxation year.

1990, c. 59, s. 273; 1997, c. 3, s. 71.

728.1. A taxpayer may deduct, in a particular taxation year, the farm losses sustained by the taxpayer

(a)  in the 10 taxation years that precede and in the three taxation years that follow the particular year if the losses are sustained in a taxation year that ends after 31 December 1983, but before 1 January 2006; and

(b)  in the 20 taxation years that precede and in the three taxation years that follow the particular year if the losses are sustained in a taxation year that ends after 31 December 2005.

1985, c. 25, s. 118; 2006, c. 36, s. 62.

728.2. In section 728.1, the farm loss of a taxpayer for a taxation year means the amount by which the lesser of the following amounts exceeds any amount by which the farm loss of the taxpayer for the year is required to be reduced because of sections 485 to 485.18:

(a)  the amount by which all his losses for the year from a farming or fishing business exceed the aggregate of his income for the year from such a business; and

(b)  the amount that would be the taxpayer’s non-capital loss if section 728 were read without paragraph a thereof.

1985, c. 25, s. 118; 1996, c. 39, s. 195; 2001, c. 53, s. 100.

729. A taxpayer may deduct his net capital losses for the taxation years preceding and the three taxation years following the year.

1972, c. 23, s. 547; 1982, c. 5, s. 143; 1985, c. 25, s. 118; 1987, c. 67, s. 144; 1990, c. 59, s. 274.

729.1. Notwithstanding section 729, the amount that may be deducted by reason of that section in computing the taxable income of a taxpayer for a particular taxation year is the aggregate of

(a)  the lesser of

i.  the excess contemplated in paragraph b of section 28 for the particular taxation year in respect of the taxpayer, and

ii.  the aggregate of all amounts each of which is an amount determined by the formula

A × B/C;

(b)  where the taxpayer is an individual, the least of

i.  $1,000,

ii.  his pre-1986 capital loss balance for the particular taxation year, and

iii.  the amount by which the amount claimed in respect of the taxpayer’s net capital losses under section 729 for the particular taxation year exceeds the aggregate of such amounts determined in respect of his net capital losses by the formula set forth in subparagraph ii of subparagraph a, that would be required to be claimed under section 729 for the particular taxation year to produce the amount determined under subparagraph a for the particular taxation year; and

(c)  the amount that the Minister determines to be reasonable in the circumstances, after considering the application of sections 668.7, 851.16.2, 1106 and 1113 to the taxpayer for the particular taxation year.

For the purposes of the formula set forth in subparagraph ii of subparagraph a of the first paragraph,

(a)  A is the amount claimed for the particular taxation year by the taxpayer under section 729 in respect of net capital loss for a taxation year, in this paragraph referred to as the “loss year” ;

(b)  B is the fraction that would have been used in respect of the taxpayer for the particular taxation year under section 231 if he had had a capital loss for that year;

(c)  C is the fraction required to be used under section 231 in respect of the taxpayer for the loss year.

1990, c. 59, s. 275; 1993, c. 16, s. 272; 2009, c. 5, s. 247.

730. In this Title, the net capital loss of a taxpayer for a taxation year means the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts by which the net capital loss of the taxpayer for the year is required to be reduced because of sections 485 to 485.18:

(a)  the amount by which the amount obtained under subparagraph ii of paragraph b of section 28, for the year, exceeds the amount obtained under subparagraph i of paragraph b of section 28; and

(b)  the least of

i.  the amount of the allowable business investment losses of the taxpayer for the taxpayer’s tenth preceding taxation year,

ii.  the amount by which the non-capital loss of the taxpayer for the taxpayer’s tenth preceding taxation year exceeds the aggregate of all amounts relating to that non-capital loss deducted by the taxpayer in computing the taxpayer’s taxable income for the taxation year or for any preceding taxation year or in respect of which the taxpayer has made an election under section 1029.1, as it read for the taxation year in which the non-capital loss was sustained, and

iii.  where the taxpayer is a corporation the control of which was acquired by a person or group of persons before the end of the year and after the end of the taxpayer’s tenth preceding taxation year, zero.

1972, c. 23, s. 548; 1986, c. 19, s. 152; 1987, c. 67, s. 145; 1989, c. 77, s. 79; 1996, c. 39, s. 196; 1997, c. 3, s. 71; 2000, c. 39, s. 42; 2005, c. 38, s. 93.

730.1. In this Title, “pre-1986 capital loss balance” of an individual for a particular taxation year means the amount by which the amount determined under section 730.2 in respect of the individual for the particular year exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount deducted under Titles VI.5 and VI.5.1 in computing the individual’s taxable income for taxation years that precede the particular year and that ended before 1 January 1988 or began after 17 October 2000;

(b)  3/4 of the aggregate of all amounts each of which is an amount deducted under Titles VI.5 and VI.5.1 in computing the individual’s taxable income for taxation years that precede the particular year and that ended after 31 December 1987 but before 1 January 1990, or that began after 28 February 2000 and ended before 17 October 2000;

(c)  2/3 of the aggregate of all amounts each of which is an amount deducted under Titles VI.5 and VI.5.1 in computing the individual’s taxable income for taxation years that precede the particular year and that ended after 31 December 1989 but before 28 February 2000; and

(d)  any amount that is the quotient obtained by dividing the amount deducted under Titles VI.5 and VI.5.1 in computing the individual’s taxable income for a taxation year that precedes the particular year and includes 28 February 2000 or 17 October 2000 by twice the fraction in paragraphs a to d of section 231.0.1 that applies to the individual for that taxation year that precedes the particular year.

1987, c. 67, s. 146; 1990, c. 59, s. 276; 1993, c. 19, s. 46; 2003, c. 2, s. 207.

730.2. The amount to which section 730.1 refers is equal to the aggregate of

(a)  the amount by which the individual’s net capital losses for taxation years ending before 1 January 1985 exceeds the aggregate of amounts claimed by him under this Title, in respect of those losses, in computing his taxable income for taxation years preceding the particular taxation year; and

(b)  the amount by which the aggregate of amounts claimed by him under this Title in respect of his net capital loss for the taxation year 1985 in computing his taxable income for a taxation year preceding the particular taxation year is exceeded by the lesser of

i.  the amount of his net capital loss for the taxation year 1985, and

ii.  the excess amount that would represent, in respect of the individual for the taxation year 1985, the amount by which the amount determined under subparagraph ii of paragraph b of the first paragraph of section 28 exceeds the amount determined under subparagraph i of paragraph b of the first paragraph of section 28 if the individual’s taxable capital gains and his allowable capital losses did not include such gains or losses from the disposition of property by him in the year and after 22 May 1985 and if the rules set forth in the second paragraph of section 28 applied for the purposes of computing that last excess amount, the amount deductible by virtue of subparagraph iii of paragraph c of the first paragraph of section 28 in computing his taxable income for the taxation year 1985.

1987, c. 67, s. 146; 1993, c. 16, s. 273.

731. A taxpayer may deduct, in a particular taxation year, up to the taxpayer’s income for the particular year from all farming businesses carried on by the taxpayer, the restricted farm losses sustained by the taxpayer

(a)  in the 10 taxation years that precede and in the three taxation years that follow the particular year if those losses are sustained in a taxation year that ends after 31 December 1983, but before 1 January 2006; and

(b)  in the 20 taxation years that precede and in the three taxation years that follow the particular year if those losses are sustained in a taxation year that ends after 31 December 2005.

1972, c. 23, s. 549; 1985, c. 25, s. 119; 2006, c. 36, s. 63.

732. For the purposes of section 731, a loss by a taxpayer resulting from a farming business during a taxation year is deemed, to the extent that such loss is included in the amount of a deduction permitted by sections 634 and 635 in computing his income for a subsequent year, not to be a loss for the purpose of computing his taxable income for that subsequent year or any year subsequent to it.

1972, c. 23, s. 550.

733. A loss by a taxpayer resulting from a farming business during a taxation year is not deductible for the purposes of section 731, when the taxpayer has disposed of the land used in such farming business, to the extent that such loss must be, under paragraph l of section 255, added in computing the adjusted cost base of the taxpayer’s land, immediately before the disposition.

1972, c. 23, s. 551; 2000, c. 39, s. 43; 2003, c. 2, s. 208.

733.0.0.1. A taxpayer may deduct his limited partnership losses in respect of a partnership for taxation years preceding the year, but no amount is deductible for the year in respect of a limited partnership loss except to the extent of the amount by which his at-risk amount in respect of the partnership, within the meaning assigned by sections 613.2 to 613.4, at the end of the last fiscal period of the partnership ending in the year exceeds the aggregate of all amounts each of which is

(a)  that part of the amount determined in respect of the partnership which is required by subsection 8 of section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to be added in computing the investment tax credit of the taxpayer for the taxation year within the meaning assigned to that expression by the said Act for the purposes of the said subsection;

(b)  the taxpayer’s share of any losses of the partnership for that fiscal period from a business or property; or

(c)  the taxpayer’s share of the foreign resource pool expenses, the Canadian exploration expense, the Canadian development expense, and the Canadian oil and gas property expense, incurred by the partnership in that fiscal period.

1988, c. 4, s. 54; 1997, c. 3, s. 71; 2004, c. 8, s. 141.

733.0.1. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss, restricted farm loss and limited partnership loss of a taxpayer for a taxation year, the rules in sections 56 and 70 of the Act respecting international financial centres (chapter C-8.3), also apply.

1986, c. 15, s. 111; 1988, c. 4, s. 55; 1997, c. 3, s. 71; 1999, c. 86, s. 76.

733.0.2. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss or limited partnership loss for a taxation year of a corporation that is, for that year, a qualified corporation within the meaning of the first paragraph of section 1029.8.36.89, the following rules apply:

(a)  the amount determined under subparagraph a of the first paragraph of section 737.18.3 in respect of the qualified corporation for the year is deemed to be nil;

(b)  the amount determined under subparagraph b of the first paragraph of section 737.18.3 in respect of the qualified corporation for the year is, up to the amount that would, but for paragraph a, be determined under subparagraph a of the first paragraph of that section 737.18.3 in respect of the qualified corporation for the year, deemed to be nil.

1999, c. 83, s. 79.

733.0.3. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for a taxation year of an individual who, for that year, benefited from the deduction provided for in section 737.18.10, income realized by the individual during the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment, or a loss sustained by the individual during such a period is deemed to be nil.

2000, c. 39, s. 44; 2004, c. 21, s. 130.

733.0.4. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss or limited partnership loss for a taxation year of a corporation that, in that year, carries on a recognized business, within the meaning of the first paragraph of section 1029.8.36.0.38, or is a member of a partnership that, in a fiscal period of the partnership ending in that year, carries on such a business, the amount determined under subparagraph a of the first paragraph of section 737.18.11 in respect of the corporation for the year and the amount determined in respect of the corporation for the year under subparagraph b of that paragraph are deemed to be nil.

2000, c. 39, s. 44.

733.0.5. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss or limited partnership loss for a taxation year of a corporation that carries on a recognized business in the year or is a member of a partnership that carries on such a recognized business in a fiscal period of the partnership ending in the year, in relation to a major investment project of the corporation or partnership, in respect of which the Minister of Finance issued an annual qualification certificate for the taxation year of the corporation or fiscal period of the partnership, the following rules apply:

(a)  where the amount determined under subparagraph a of the second paragraph of section 737.18.17 in respect of the corporation for the year exceeds the amount determined under subparagraph b of that paragraph in its respect for the year,

i.  the amount that is the income or portion of the income of the corporation for the year, determined under subparagraph a of the second paragraph of section 737.18.17, is deemed to be nil, and

ii.  the amount that is the loss or portion of the loss of the corporation for the year, determined under subparagraph b of the second paragraph of section 737.18.17, is deemed to be nil; and

(b)  where the amount determined under subparagraph d of the second paragraph of section 737.18.17 in respect of the partnership for the fiscal period exceeds the amount determined under subparagraph e of that paragraph in respect of the partnership for the fiscal period,

i.  the corporation’s share of the amount that is the income or portion of the income, determined under subparagraph d of the second paragraph of section 737.18.17 in respect of the partnership for the fiscal period, is deemed to be nil, and

ii.  the corporation’s share of the amount that is the loss or portion of the loss, determined under subparagraph e of the second paragraph of section 737.18.17 in respect of the partnership for the fiscal period, is deemed to be nil.

For the purposes of the first paragraph, a corporation’s share of an amount is equal to the proportion of that amount that the corporation’s share of the partnership’s income for the fiscal period is of the partnership’s income for that fiscal period.

In this section, “annual qualification certificate”, “major investment project” and “recognized business” have the meaning assigned by the first paragraph of section 737.18.14.

2002, c. 9, s. 12; 2004, c. 21, s. 131.

733.0.6. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss or limited partnership loss for a taxation year of a corporation that is, for that year, a qualified corporation within the meaning of the first paragraph of section 737.18.18, the following rules apply:

(a)  the product obtained by multiplying the amount that is the income or portion of the income, as the case may be, of the corporation for the year, determined under subparagraph a of the second paragraph of section 737.18.26, by the proportion determined in the second paragraph is deemed to be nil; and

(b)  the product obtained by multiplying the amount that is the loss or the portion of the loss, as the case may be, of the corporation for the year, determined under subparagraph b of the second paragraph of section 737.18.26, up to the amount that would, but for subparagraph a, be the income or portion of the income, as the case may be, of the corporation for the year, determined under subparagraph a of the second paragraph of section 737.18.26, by the proportion determined in the second paragraph is deemed to be nil.

The proportion to which the first paragraph refers is determined by the formula

75% × {1 - [(A - $20,000,000)/$10,000,000]} × (1 - B) × C/D.

In the formula in the second paragraph,

(a)  A is the greater of $20,000,000 and the paid-up capital attributed to the corporation for the year, determined in accordance with section 737.18.24; and

(b)  B is the corporation’s reduction factor for the year, within the meaning assigned by the first paragraph of section 737.18.18;

(c)  C is,

i.  where the amount that would be deductible in computing the corporation’s taxable income for the year under section 737.18.26 if no reference were made to section 737.18.26.1 exceeds the particular amount that is deductible in computing the corporation’s taxable income for the year under section 737.18.26, the particular amount, and

ii.  in any other case, 1; and

(d)  D is,

i.  where the particular amount that would be deductible in computing the corporation’s taxable income for the year under section 737.18.26 if no reference were made to section 737.18.26.1 exceeds the amount that is deductible in computing the corporation’s taxable income for the year under section 737.18.26, the particular amount, and

ii.  in any other case, 1.

2002, c. 40, s. 57; 2004, c. 21, s. 132; 2009, c. 5, s. 248; 2010, c. 25, s. 67.

733.0.7. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss or limited partnership loss for a taxation year of a corporation that, for that year, is a qualified corporation, within the meaning of the first paragraph of section 737.18.29, where the amount determined under subparagraph a of the second paragraph of section 737.18.33 in respect of the corporation for the year exceeds the amount determined under subparagraph b of that second paragraph in respect of the corporation for that year, the following rules apply:

(a)  75% of the amount that is the income or portion of the income of the corporation for the year, determined under subparagraph a of the second paragraph of section 737.18.33, is deemed to be nil; and

(b)  75% of the amount that is the loss or portion of the loss of the corporation for the year, determined under subparagraph b of the second paragraph of section 737.18.33, is deemed to be nil.

2003, c. 9, s. 53; 2004, c. 21, s. 133.

733.0.8. For the purpose of determining the amount of the non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for a taxation year of an individual who, for that year, benefited from the deduction provided for in section 737.18.34, an income realized by the individual during any of the individual’s specified periods, within the meaning of section 737.18.29, in relation to an employment, or a loss sustained by the individual during such a period is deemed to be equal to the product obtained by multiplying the income or loss by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period.

2003, c. 9, s. 53; 2004, c. 21, s. 134; 2005, c. 38, s. 94.

733.1. For the purposes of this Title, a taxpayer’s non-capital loss, farm loss, net capital loss, restricted farm loss and limited partnership loss for a taxation year during which the taxpayer was not resident in Canada shall be determined as if, in the part of the year throughout which the individual was not resident in Canada, in the case of an individual referred to in any of sections 23, 24 and 25 for the year, and throughout the year, in any other case, the taxpayer had no income other than income described in subparagraphs a to l of the first paragraph of section 1090, the taxpayer’s only taxable capital gains and allowable capital losses were taxable capital gains and allowable capital losses from the disposition of taxable Canadian property, other than tax-agreement-protected property, and the taxpayer’s only other losses were losses from the duties of an office or employment performed by the taxpayer in Canada and the taxpayer’s only other losses from businesses, other than tax-agreement-protected businesses, carried on by the taxpayer in Canada that were attributable, in the manner prescribed for the purposes of section 1090, to an establishment in Canada.

1985, c. 25, s. 120; 1988, c. 4, s. 56; 1994, c. 22, s. 255; 1997, c. 3, s. 71; 2001, c. 53, s. 101; 2004, c. 8, s. 142.

734. An amount in respect of a non-capital loss, a farm loss, a restricted farm loss or a limited partnership loss is deductible, and an amount in respect of a net capital loss may be claimed, for a particular taxation year under section 727, 728.1, 729, 731, 733.0.0.1 or 737 only to the extent that it exceeds the aggregate of

(a)  the amounts deducted under this Title in respect of that non-capital loss, farm loss, restricted farm loss or limited partnership loss in computing taxable income for taxation years preceding the particular taxation year, and

(b)  the deduction that was claimed under section 729 in respect of that net capital loss for taxation years preceding the particular taxation year.

1972, c. 23, s. 552; 1985, c. 25, s. 120; 1988, c. 4, s. 57; 1990, c. 59, s. 277; 1993, c. 16, s. 274; 1997, c. 3, s. 71.

735. No amount is deductible as a non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss under section 727, 728.1, 729, 731, 733.0.0.1 or 737 for any taxation year, as long as the corresponding deductible losses for the previous years have not been deducted.

1972, c. 23, s. 553; 1985, c. 25, s. 120; 1988, c. 4, s. 57; 1997, c. 3, s. 71.

735.1. Notwithstanding sections 727 and 728.1, no amount may be deducted by a corporation in computing its taxable income for a taxation year in respect of a non-capital loss or a farm loss, as the case may be, sustained in any preceding taxation year, where an election was made in respect of that loss under section 1029.1, as it read for that preceding taxation year.

1981, c. 12, s. 7; 1985, c. 25, s. 120; 1997, c. 3, s. 71; 2000, c. 39, s. 45.

736. Notwithstanding section 729, where, at any time, in this section referred to as “that time”, control of a corporation has been acquired by a person or group of persons, the following rules apply:

(a)  no amount in respect of a net capital loss for a taxation year ending before that time is deductible in computing the corporation’s taxable income for a taxation year ending after that time;

(b)  no amount in respect of a net capital loss for a taxation year ending after that time is deductible in computing the corporation’s taxable income for a taxation year ending before that time.

In addition, where, at that time, the corporation neither became nor ceased to be exempt from tax under this Part on its taxable income, the following rules apply:

(a)  in computing the adjusted cost base to the corporation at and after that time of each capital property, other than a depreciable property, owned by the corporation immediately before that time, there shall be deducted an amount equal to the amount by which the adjusted cost base to the corporation of the capital property immediately before that time exceeds its fair market value immediately before that time;

(b)  each amount required by subparagraph a to be deducted in computing the adjusted cost base to the corporation of a property is deemed to be a capital loss of the corporation for the taxation year that ended immediately before that time from the disposition of the property;

(c)  each capital property that is owned by the corporation immediately before that time (other than a property in respect of which an amount would, but for this subparagraph, be required under subparagraph a to be deducted in computing its adjusted cost base to the corporation or a depreciable property of a prescribed class to which, but for this subparagraph, paragraph a of section 736.0.2 would apply) and that the corporation designates after 19 December 2006 in accordance with paragraph e of subsection 4 of section 111 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in relation to the acquisition of control of the corporation, is deemed to have been disposed of by the corporation immediately before the time that is immediately before that time for proceeds of disposition equal to the lesser of the fair market value of the capital property immediately before that time and the greater of the adjusted cost base to the corporation of the capital property immediately before the disposition and the amount designated by the corporation after 19 December 2006, in relation to the acquisition of control of the corporation, in accordance with that paragraph e in respect of the capital property, and is deemed, subject to the third paragraph, to have been reacquired by it at that time at a cost equal to those proceeds of disposition;

(d)  each amount that by virtue of subparagraph b or c is a capital loss or gain of the corporation from a disposition of a property for the taxation year that ended immediately before that time is deemed, for the purposes of paragraph b of section 570, to be a capital loss or gain, as the case may be, of the corporation from the disposition of the property immediately before the time that a capital property of the corporation in respect of which subparagraph c would be applicable would be deemed by that subparagraph to have been disposed of by the corporation.

Notwithstanding subparagraph c of the second paragraph and for the purposes of Division II of Chapter II of Title III of Book III, sections 130, 130.1, 142 and 149 and any regulation made under paragraph a of section 130 or section 130.1, where the property is depreciable property of the corporation the capital cost of which to the corporation immediately before the disposition exceeds the proceeds of disposition determined under the said subparagraph c,

(a)  the capital cost of the property to the corporation at that time is deemed to be the amount that was its capital cost immediately before the disposition, and

(b)  the excess is deemed to have been allowed to the corporation in respect of the property under the regulations made under paragraph a of section 130 in computing its income for taxation years ending before that time.

For the purposes of subparagraph c of the second paragraph, the corporation is deemed to have designated a particular capital property, as well as an amount in its respect, after 19 December 2006 in accordance with paragraph e of subsection 4 of section 111 of the Income Tax Act in relation to the acquisition of control of the corporation, or to have designated after that date, in relation to the acquisition of control, in accordance with that paragraph e in respect of a particular capital property, a particular amount different from that designated by the corporation after that date, in relation to the acquisition of control, in accordance with that paragraph e in its respect, if

(a)  the corporation files an application with the Minister in that respect, in a document containing information that is satisfactory to the Minister, on or before the day that is 90 days after the day on which a notice of assessment of tax payable for the taxation year that ended immediately before that time or a notice that no tax is payable for the year is sent to the corporation;

(b)  it may reasonably be considered that the corporation’s designation regarding the particular capital property and the amount in its respect, or the change made to the amount designated in respect of the particular capital property, as the case may be, is justified only because of a difference between tax attributes, in particular the adjusted cost base of the particular capital property or the undeducted balance of a deductible loss, for the purposes of Part I of the Income Tax Act and the corresponding tax attributes for the purposes of this Part; and

(c)  the Minister is of the opinion that the tax consequences of the application are consistent with the objectives of subparagraph c of the second paragraph, and grants the application.

Chapter V.2 of Title II of Book I applies in relation to a designation made under paragraph e of subsection 4 of section 111 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1972, c. 23, s. 554; 1974, c. 18, s. 28; 1984, c. 15, s. 167; 1985, c. 25, s. 120; 1989, c. 77, s. 80; 1993, c. 16, s. 275; 1997, c. 3, s. 71; 2004, c. 4, s. 5; 2009, c. 5, s. 249.

736.0.0.1. For the purposes of section 736, if at a particular time a corporation owes a foreign currency debt in respect of which the corporation would have had, if the foreign currency debt had been repaid at that time, a capital loss or gain, the corporation is deemed to own at the time (in this section referred to as the “measurement time”) that is immediately before the particular time a property

(a)  the adjusted cost base of which at the measurement time is equal to the amount determined by the formula

A + B - C; and

(b)  the fair market value of which is equal to the amount that would be the amount of principal owed by the corporation under the foreign currency debt at the measurement time if that amount were calculated using the exchange rate applicable at the time of the original borrowing.

In the formula in subparagraph a of the first paragraph,

(a)  A is the amount of principal owed by the corporation under the foreign currency debt at the measurement time, calculated using the exchange rate applicable at that time;

(b)  B is the portion of any gain, previously recognized in respect of the foreign currency debt because of this Title, that is reasonably attributable to the amount determined under subparagraph a; and

(c)  C is the portion of any capital loss, previously recognized in respect of the foreign currency debt because of this Title, that is reasonably attributable to the amount determined under subparagraph a.

2010, c. 5, s. 56.

736.0.0.2. In this Title,

“exchange rate” at a particular time in respect of a foreign currency means the rate of exchange between that currency and Canadian currency quoted by the Bank of Canada at noon on the day that includes the particular time or, if that day is not a working day, on the day that immediately precedes that day, or a rate of exchange acceptable to the Minister;

“foreign currency debt” means a debt obligation denominated in a foreign currency.

2010, c. 5, s. 56.

736.0.1. Where, at any time, control of a corporation has been acquired by a person or group of persons, no amount in respect of a non-capital loss or farm loss for a taxation year ending before that time is deductible by the corporation for a taxation year ending after that time.

However, the corporation may deduct, for a particular taxation year ending after that time, such portion of a non-capital loss or farm loss, as the case may be, for a taxation year ending before that time as may reasonably be regarded as its loss from carrying on a business and, where a business was carried on by the corporation in that taxation year, such portion of the non-capital loss as may reasonably be regarded as being attributable to an amount deductible under section 725.1.1 in computing its taxable income for that taxation year, if the following conditions are met:

(a)  the business was carried on by the corporation for profit or with a reasonable expectation of profit throughout the particular year;

(b)  the amount that the corporation may deduct shall not exceed the aggregate of its income for the particular year from the business and, where the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time, from any other business substantially all the income of which was derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

1984, c. 15, s. 167; 1985, c. 25, s. 120; 1986, c. 19, s. 153; 1989, c. 77, s. 80; 1990, c. 59, s. 278; 1997, c. 3, s. 71.

736.0.1.1. Where, at any time, control of a corporation has been acquired by a person or group of persons, no amount in respect of a non-capital loss or farm loss for a taxation year ending after that time is deductible by the corporation for a taxation year ending before that time.

However, the corporation may deduct, for a particular taxation year ending before that time, such portion of a non-capital loss or farm loss, as the case may be, for a taxation year ending after that time as may reasonably be regarded as its loss from carrying on a business and, where a business was carried on by the corporation in that taxation year, such portion of the non-capital loss as may reasonably be regarded as being attributable to an amount deductible under section 725.1.1 in computing its taxable income for that taxation year, if the following conditions are met:

(a)  the business was carried on by the corporation for profit or with a reasonable expectation of profit throughout the taxation year and in the particular year;

(b)  the amount that the corporation may deduct shall not exceed its income for the particular year from the business and, where the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time, from any other business substantially all of the income of which was derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

1985, c. 25, s. 120; 1989, c. 77, s. 80; 1990, c. 59, s. 279; 1997, c. 3, s. 71.

736.0.1.2. For the purposes of sections 736.0.1 and 736.0.1.1, a corporation’s business that is at any time an adventure or concern in the nature of trade is deemed to be a business carried on at that time by the corporation.

2000, c. 5, s. 159.

736.0.2. Where, at any time, control of a corporation, other than a corporation that at that time became or ceased to be exempt from tax under this Part on its taxable income, has been acquired by a person or group of persons, the following rules apply:

(a)  where the undepreciated capital cost to the corporation of depreciable property of a prescribed class immediately before that time would have exceeded, if this Part were read without reference to section 93.4, the aggregate of the fair market value of all the property of that class immediately before that time and the amount in respect of property of that class otherwise allowed under regulations made under paragraph a of section 130 or deductible under the second paragraph of section 130.1 in computing the corporation’s income for the taxation year ending immediately before that time, the excess shall be deducted in computing the corporation’s income for the taxation year ending immediately before that time and is deemed to have been deductible by the corporation in respect of the property of that class under regulations made under paragraph a of section 130;

(b)  where, immediately before that time, the eligible incorporeal capital amount of the corporation in respect of a business exceeded the aggregate of 75% of the fair market value of the aggregate of the incorporeal capital property in respect of the business and the amount otherwise deducted under paragraph b of section 130 in computing the corporation’s income from the business for the taxation year ending immediately before that time, the excess shall be deducted under paragraph b of section 130 in computing the corporation’s income from the business for the taxation year ending immediately before that time.

1984, c. 15, s. 167; 1985, c. 25, s. 121; 1989, c. 77, s. 80; 1990, c. 59, s. 280; 1997, c. 3, s. 71; 2005, c. 1, s. 142.

736.0.3. (Repealed).

1984, c. 15, s. 167; 1989, c. 77, s. 81.

736.0.3.1. Where, at any time, control of a corporation, other than a corporation that at that time became or ceased to be exempt from tax under this Part on its taxable income, has been acquired by a person or group of persons, no amount may be deducted under section 140 in computing the corporation’s income for its taxation year ending immediately before that time and each amount that is the greatest amount that would, but for this section, have been deductible under section 140 in respect of a debt owing to the corporation immediately before that time is deemed to be a separate debt and shall, notwithstanding any other provision of this Part, be deducted as a bad debt under section 141 in computing the corporation’s income for the year.

In addition, the amount by which the debt exceeds that separate debt is deemed to be a separate debt incurred at the same time and under the same circumstances as the debt was incurred.

1989, c. 77, s. 82; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 1997, c. 31, s. 72.

736.0.4. Where control of a corporation has been acquired at any time by a person or persons, such portion of the corporation’s non-capital loss for a taxation year ending before that time to the extent that it was not deductible in computing the corporation’s income for such a year and may be considered such a loss of a subsidiary, within the meaning of section 556, from carrying on a particular business and in respect of which sections 564.2, 564.3 and 564.4 apply, as they read on 12 November 1981, is deemed to be a non-capital loss of the corporation from carrying on the particular business of the subsidiary.

1984, c. 15, s. 167; 1997, c. 3, s. 71.

736.0.5. Where control of a corporation has been acquired by a person or group of persons and it may reasonably be considered that the main reason for the acquisition of control was to cause subparagraph b of the second paragraph of section 736 or section 736.0.2 or 736.0.3.1 to apply in respect of the acquisition, the following provisions do not apply in respect of the acquisition:

(a)  the said subparagraph b of the second paragraph of section 736, the said sections 736.0.2 and 736.0.3.1 and subparagraph c of the second paragraph of section 736;

(b)  where, but for paragraph a, the said subparagraph b of the second paragraph of section 736 would apply, subparagraph a of the second paragraph of section 736.

1989, c. 77, s. 83; 1997, c. 3, s. 71.

736.1. For the purposes of this Title, where an insurer has made an election provided for in section 825 in respect of its taxation year 1975, its non-capital loss for each of its taxation years 1972 to 1976 is, up to the amount referred to in the second paragraph, deemed, for the purposes of computing the amount deductible as such in computing its taxable income for its taxation year 1977 and its subsequent taxation years, to have been deductible under this Title in computing its taxable income for a taxation year ending before 1977.

The amount referred to in the first paragraph is equal to the lesser of the prescribed amount and the portion of that loss, determined without taking account of this section, that would be deductible in computing the insurer’s taxable income for its taxation year 1977 if its income for that year were sufficient.

1978, c. 26, s. 128.

736.2. Notwithstanding section 727, for the purposes of computing the taxable income of a life insurer for its taxation year 1978 and its subsequent taxation years, the amount deductible as a non-capital loss for each of its taxation years ending before 1977 is deemed to be nil and the amount deductible as a non-capital loss for its taxation year 1977 is deemed to be equal to the amount prescribed.

1978, c. 26, s. 128; 1979, c. 18, s. 59.

736.3. Despite section 727, an individual to whom the Minister grants an authorization following an application to that effect may deduct, under that section, in computing the individual’s taxable income for a particular taxation year an amount in respect of a non-capital loss sustained by the individual in a taxation year, in this section referred to as the “reimbursement year”, subsequent to the third taxation year that follows the particular taxation year, if

(a)  the individual deducted in computing the individual’s income for the reimbursement year, under section 78.1, an amount paid by or on behalf of the individual as the reimbursement of an amount the individual included in computing the individual’s income from an office or employment for the particular taxation year;

(b)  the amount for which the application is made does not exceed the portion of the non-capital loss sustained by the individual in the reimbursement year that may reasonably be considered to be attributable to the reimbursement referred to in paragraph a; and

(c)  in the Minister’s opinion, it is reasonable to expect, by reason of the nature and severity of the individual’s disability, that the individual will not earn sufficient income in a taxation year subsequent to the reimbursement year to allow the individual to deduct in computing the individual’s taxable income, under section 727, the non-capital loss sustained by the individual in the reimbursement year.

2005, c. 23, s. 78.

737. Where a taxpayer dies in a taxation year, for the purposes of computing his taxable income for that year and the preceding taxation year, the following rules apply:

(a)  section 729 shall read as follows:

“729. A taxpayer may deduct the taxpayer’s net capital losses for all his taxation years not claimed in computing the taxpayer’s taxable income for any other taxation year.”; and

(b)  subparagraph b of the first paragraph of section 729.1 shall read as follows:

“(b) the amount by which the amount claimed in respect of the taxpayer’s net capital losses under section 729 for the particular taxation year exceeds the aggregate of

i. all amounts in respect of the taxpayer’s net capital losses that, using the formula in subparagraph ii of subparagraph a, would be required to be claimed under section 729 for the particular taxation year to produce the amount determined under subparagraph a for the particular taxation year, and

ii. all amounts each of which is an amount deducted by the taxpayer under Title Vl.5 or VI.5.1 in computing the taxpayer’s taxable income for a taxation year, except to the extent that, where the particular year is the year in which the taxpayer died, the amount claimed under section 729 for the preceding taxation year in respect of the taxpayer’s net capital losses exceeds the amount so determined under subparagraph i.”.

1972, c. 23, s. 555; 1972, c. 26, s. 55; 1973, c. 17, s. 86; 1978, c. 26, s. 129; 1985, c. 25, s. 122; 1987, c. 67, s. 147; 1990, c. 59, s. 281; 1993, c. 16, s. 276; 1993, c. 19, s. 47.

TITLE VII.0.1 ADJUSTMENT IN RESPECT OF AN ADDITIONAL INVESTMENT EXPENSE

2005, c. 38, s. 95.

737.0.1. An individual, other than a trust that is not a personal trust, shall include in computing the individual’s taxable income for a taxation year an amount equal to the amount by which the amount of the individual’s additional investment expense for the year exceeds the portion of the individual’s investment income for the year in excess of the individual’s investment expense for the year.

If the individual benefits for the year from the deduction provided for in any of sections 737.16, 737.18.10 and 737.18.34 in respect of an employment, the amount determined under the first paragraph must be determined on the assumption that the rules set out in the second paragraph of section 313.10 apply in respect of the particular amounts otherwise included in the investment expense or investment income of the individual for the year and, with the necessary modifications, in respect of the particular amounts taken into account in computing the amounts otherwise included in the additional investment expense of the individual for the year.

In this section, “additional investment expense”, “investment expense” and “investment income” have the meaning assigned by section 336.5.

2005, c. 38, s. 95.

TITLE VII.1

Repealed, 2001, c. 53, s. 102.

1984, c. 15, s. 168; 2001, c. 53, s. 102.

CHAPTER I

Repealed, 2001, c. 53, s. 102.

1984, c. 15, s. 168; 2001, c. 53, s. 102.

737.1. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 154; 1989, c. 5, s. 90; 1993, c. 16, s. 277; 2001, c. 53, s. 102.

CHAPTER II

Repealed, 2001, c. 53, s. 102.

1984, c. 15, s. 168; 2001, c. 53, s. 102.

737.2. (Repealed).

1984, c. 15, s. 168; 1985, c. 25, s. 123; 1989, c. 5, s. 91; 2001, c. 53, s. 102.

737.3. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 155; 1987, c. 67, s. 148; 1989, c. 5, s. 92.

CHAPTER III

Repealed, 1989, c. 5, s. 92.

1984, c. 15, s. 168; 1989, c. 5, s. 92.

737.4. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 156; 1989, c. 5, s. 92.

737.5. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 157; 1987, c. 67, s. 149; 1989, c. 5, s. 92.

737.6. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 158; 1989, c. 5, s. 92.

737.7. (Repealed).

1984, c. 15, s. 168; 1985, c. 25, s. 124; 1986, c. 19, s. 159; 1989, c. 5, s. 92.

CHAPTER IV

Repealed, 2001, c. 53, s. 102.

1984, c. 15, s. 168; 2001, c. 53, s. 102.

737.8. (Repealed).

1984, c. 15, s. 168; 1985, c. 25, s. 125; 1989, c. 5, s. 93; 1997, c. 31, s. 73; 2001, c. 53, s. 102.

CHAPTER V

Repealed, 2001, c. 53, s. 102.

1984, c. 15, s. 168; 2001, c. 53, s. 102.

737.9. (Repealed).

1984, c. 15, s. 168; 1989, c. 5, s. 94; 2001, c. 53, s. 102.

737.10. (Repealed).

1984, c. 15, s. 168; 1989, c. 5, s. 95.

737.11. (Repealed).

1984, c. 15, s. 168; 1989, c. 5, s. 96; 2001, c. 53, s. 102.

737.12. (Repealed).

1984, c. 15, s. 168; 1986, c. 19, s. 160.

737.12.1. (Repealed).

1986, c. 19, s. 161; 1989, c. 5, s. 97; 1997, c. 31, s. 74; 2001, c. 53, s. 102.

TITLE VII.2 INTERNATIONAL FINANCIAL CENTRE

1986, c. 15, s. 112.

CHAPTER I

Repealed, 1999, c. 86, s. 77.

1986, c. 15, s. 112; 1999, c. 86, s. 77.

737.13. (Repealed).

1986, c. 15, s. 112; 1987, c. 21, s. 24; 1995, c. 1, s. 64; 1997, c. 3, s. 71; 1999, c. 86, s. 77.

737.13.1. (Repealed).

1992, c. 1, s. 48; 1995, c. 1, s. 65; 1997, c. 3, s. 71; 1999, c. 86, s. 77.

CHAPTER II DEDUCTIONS

1986, c. 15, s. 112.

737.14. A person who, in a taxation year, is a corporation that operates an international financial centre or a member of a partnership that, in a fiscal period of the partnership ending in that year, operates such a centre may deduct, in computing the person’s taxable income for the year, the amount determined in respect of the person for the year under section 52 of the Act respecting international financial centres (chapter C-8.3).

1986, c. 15, s. 112; 1992, c. 1, s. 49; 1995, c. 1, s. 66; 1995, c. 49, s. 167; 1997, c. 3, s. 71; 1999, c. 86, s. 78.

737.15. (Repealed).

1986, c. 15, s. 112; 1987, c. 21, s. 25; 1990, c. 7, s. 57; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 14, s. 105; 1999, c. 86, s. 79.

737.16. An individual described in section 66 of the Act respecting international financial centres (chapter C-8.3) who holds employment with a particular corporation or partnership referred to in that section may deduct, in computing the individual’s taxable income for a taxation year, the amount determined in respect of the individual for the year, under section 65 of that Act, in relation to that employment.

1986, c. 15, s. 112; 1997, c. 3, s. 71; 1999, c. 86, s. 80; 2002, c. 40, s. 343; 2004, c. 21, s. 135.

737.16.1. An individual described in section 71 of the Act respecting international financial centres (chapter C-8.3) may deduct, in computing the individual’s taxable income for a taxation year, the amount determined in respect of the individual for the year under that section.

1995, c. 1, s. 67; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 14, s. 106; 1999, c. 86, s. 80.

CHAPTER III AMOUNTS TO BE INCLUDED

1986, c. 15, s. 112.

737.17. A person who, in a taxation year, is a corporation operating an international financial centre or a member of a partnership that, in a fiscal period of the partnership ending in that taxation year, operates such a centre shall include, in computing the person’s taxable income for the year, the amount determined for the year in respect of the person under section 55 of the Act respecting international financial centres (chapter C-8.3).

1986, c. 15, s. 112; 1992, c. 1, s. 50; 1997, c. 3, s. 71; 1999, c. 86, s. 81.

CHAPTER IV COMPUTATION OF TAXABLE INCOME

1987, c. 67, s. 150.

737.18. For the purpose of computing the taxable income of the individual referred to in section 737.16 for a taxation year, the following rules apply:

(a)  for the purpose of computing the deduction under section 725.2, the amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and that the individual has included in computing income for the year, shall not include the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s reference period, established under section 69 of the Act respecting international financial centres (chapter C-8.3), in relation to an employment that is included in the year;

(b)  for the purpose of computing the deduction under section 725.3, the amount that is the benefit the individual is deemed to receive in the year under section 49, as a consequence of the application of section 49.2, in respect of a share acquired by the individual after 22 May 1985 and that the individual has included in computing income for the year, shall not include the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s reference period, established under section 69 of the Act respecting international financial centres, in relation to an employment that is included in the year;

(c)  for the purpose of computing the deduction under section 725.4, the individual shall subtract from the amount included by the individual under paragraph b of section 218 in computing income for the year in respect of a share the individual has received after 22 May 1985, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(d)  for the purpose of computing the deduction under section 725.5, the individual shall subtract from the amount included by the individual under section 888.1 in computing income for the year, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(e)  for the purpose of computing the deduction under section 725, the individual shall subtract from the amount included by the individual in computing income for the year, and that is an amount described in any of the paragraphs of that section, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(f)  for the purpose of computing the deduction under section 725.1.2, the individual shall subtract from the amount included by the individual in computing income for the year, and that is an amount described in the second paragraph of that section, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(g)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment, by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period; and

(h)  any capital gain realized during any of the individual’s specified periods, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment, or any capital loss, including any allowable business investment loss, for such a period is, for the purposes of Titles VI.5 and VI.5.1, deemed to be equal to the product obtained by multiplying the capital gain or capital loss by the amount by which 100% exceeds the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period.

1987, c. 67, s. 150; 1991, c. 25, s. 87; 1992, c. 1, s. 51; 1993, c. 19, s. 48; 1997, c. 85, s. 114; 1999, c. 86, s. 82; 2001, c. 53, s. 103; 2004, c. 21, s. 136; 2005, c. 38, s. 96.

737.18.0.1. For the purpose of computing the taxable income of an individual contemplated in section 737.16.1, for a taxation year, the following rules apply:

(a)  for the purpose of computing the deduction under section 725.2, the amount of the benefit that the individual is deemed to receive in the year, under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48, and included by the individual in computing the individual’s income for the year, does not include the part of such an amount included in the amount determined in respect of the individual for the year under section 71 of the Act respecting international financial centres (chapter C-8.3);

(b)  for the purpose of computing the deduction under section 725.3, the amount of the benefit that the individual is deemed to receive under section 49, by virtue of section 49.2, in respect of a share acquired by the individual after 22 May 1985 and that was included by the individual in computing the individual’s income for the year, does not include the part of such an amount included in the amount determined in respect of the individual for the year under section 71 of the Act respecting international financial centres.

2002, c. 40, s. 58.

TITLE VII.2.1 DEDUCTION IN RESPECT OF A QUALIFIED INVESTMENT FUND

1999, c. 83, s. 80.

CHAPTER I INTERPRETATION AND GENERAL

1999, c. 83, s. 80.

737.18.1. In this Title,

“exemption period” applicable to a qualified corporation in respect of a qualified investment fund of the qualified corporation means the period of five years that begins on the reference date applicable to the qualified investment fund;

“qualification certificate” has the meaning assigned by the first paragraph of section 1029.8.36.89;

“qualified corporation” has the meaning assigned by the first paragraph of section 1029.8.36.89;

“qualified investment fund” has the meaning assigned by the first paragraph of section 1029.8.36.89;

“reference date” has the meaning assigned by the first paragraph of section 1029.8.36.89;

“temporary certificate” has the meaning assigned by the first paragraph of section 1029.8.36.89.

1999, c. 83, s. 80; 2000, c. 39, s. 46.

737.18.2. For the purpose of determining, for the purposes of this Title, the income or loss of a qualified corporation for a taxation year from its activities relating to the administration and management of a qualified investment fund of the qualified corporation, the income or loss shall be computed

(a)  as if the activities constituted the carrying on, by the qualified corporation, of a separate business; and

(b)  without reference to the portion, that may reasonably be considered to be attributable to that income or loss, of the specified income or specified loss, within the meaning assigned to those expressions by section 49 of the Act respecting international financial centres (chapter C-8.3), of the qualified corporation for the year from the operations of an international financial centre operated by the qualified corporation.

1999, c. 83, s. 80; 2005, c. 38, s. 97.

CHAPTER II DEDUCTION

1999, c. 83, s. 80.

737.18.3. Subject to the third paragraph, a qualified corporation may, in computing its taxable income for a taxation year, deduct an amount that does not exceed the amount by which

(a)  the aggregate of all amounts each of which is the amount obtained by multiplying the income of the qualified corporation for the year from its activities relating to the administration and management of a qualified investment fund of the qualified corporation in respect of which the conditions mentioned in the second paragraph are met, by the proportion that the number of days in the year comprised in the exemption period applicable to the qualified corporation in respect of that fund is of the number of days in the year during which it administers and manages that fund; exceeds

(b)  the aggregate of all amount each of which is the amount obtained by multiplying the loss of the qualified corporation for the year from its activities relating to the administration and management of a qualified investment fund of the qualified corporation in respect of which the conditions mentioned in the second paragraph are met, by the proportion that the number of days in the year comprised in the exemption period applicable to the qualified corporation in respect of that fund is of the number of days in the year during which it administers and manages that fund.

The conditions to which subparagraph a or b, as the case may be, of the first paragraph refers in respect of a qualified investment fund of the qualified corporation are as follows:

(a)  a qualification certificate, the date of which is not after the filing-due date of the qualified corporation for the year, has been issued to the qualified corporation in respect of that fund or, where the date is after the filing-due date of the qualified corporation for the year, a temporary certificate, the date of which is not after that filing-due date, has been issued to the qualified corporation in respect of that fund;

(b)  the taxation year of the qualified corporation is comprised, in whole or in part, in the exemption period applicable to the qualified corporation in respect of that fund.

A qualified corporation may not deduct an amount in computing its taxable income for a taxation year under the first paragraph unless it encloses with its fiscal return it is required to file for the year under section 1000 the prescribed form containing the prescribed information and, in relation to each qualified investment fund of the qualified corporation that is referred to for the year in subparagraph a or b of the first paragraph, a copy of the valid qualification certificate or valid temporary certificate, as the case may be, mentioned in subparagraph a of the second paragraph in respect of that fund and a copy of the valid certificate issued to the qualified corporation by the Minister of Finance for the year in respect of that fund.

1999, c. 83, s. 80; 2000, c. 39, s. 264.

737.18.3.1. For the purpose of computing the amount that may be deducted by a qualified corporation in computing its taxable income under section 737.18.3 for a taxation year for which the Minister of Finance has issued a valid certificate in respect of a qualified investment fund the reference date of which is before 10 March 1999, but in respect of which the first certificate issued to the qualified corporation is dated both after 9 March 1999 and after the qualified corporation’s filing-due date for the year,

(a)  if the first certificate is a temporary certificate, the date shown thereon is deemed not to be after the qualified corporation’s filing-due date for the year; and

(b)  if the first certificate is a qualification certificate, the following rules apply:

i.  a temporary certificate the date of which is not after the qualified corporation’s filing-due date for the year is deemed to have been issued to the qualified corporation, and

ii.  the third paragraph of section 737.18.3 shall, in respect of the qualified investment fund, be read as if the reference therein to “or valid temporary certificate, as the case may be, mentioned in subparagraph a of the second paragraph” were a reference to “issued to the qualified corporation by the Minister of Finance”.

2000, c. 39, s. 47.

CHAPTER III ADMINISTRATION

1999, c. 83, s. 80.

737.18.4. Where the Minister of Finance revokes a qualification certificate or a temporary certificate issued by the Minister of Finance to a qualified corporation in respect of a qualified investment fund of the qualified corporation, or a certificate issued by the Minister of Finance for a taxation year to a qualified corporation in respect of such a fund, and where that revocation occurs at a particular time within eight years or, where the corporation is not a Canadian-controlled private corporation, nine years after the reference date in respect of the fund, the following rules apply:

(a)  every certificate issued by the Minister of Finance to the qualified corporation in respect of that fund for a taxation year, and every qualification certificate or temporary certificate issued by the Minister of Finance to the qualified corporation in respect of that fund are, for the purposes of this Title, null and void from the time they were issued;

(b)  the corporation shall, for any taxation year that ends before the particular time, where the corporation has filed a fiscal return under section 1000 for that preceding year and the taxable income of the corporation as determined for that preceding year differs from the amount that would have been its taxable income for that preceding year if, in respect of the qualified investment fund, no qualification certificate or temporary certificate had been issued to the corporation, file with the Minister, on or before its filing-due date for the taxation year that includes the particular time, an amended fiscal return in which the corporation shall take into account the tax consequences of the revocation in respect of an amount relating to that preceding year.

Notwithstanding the expiration of the time limits provided for in section 1010,

(a)  the Minister may, within one year after the filing-due date referred to in subparagraph b of the first paragraph, but for the amended fiscal return that the corporation is required to file under that subparagraph b, redetermine the tax, interest and penalties payable under this Part by the corporation for any taxation year for which the revocation referred to in the first paragraph entails tax consequences under this Part; and

(b)  the Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

i.  within three years after the later of the day of sending, pursuant to subparagraph a, of a notice of assessment for a taxation year or of a notification that no tax is payable for a taxation year and the day on which an amended fiscal return for the taxation year is filed pursuant to subparagraph b of the first paragraph, or

ii.  within four years after the day referred to in subparagraph i if, at the end of the taxation year concerned, the corporation is not a Canadian-controlled private corporation.

However, the Minister may, in respect of a taxation year for which the revocation referred to in the first paragraph entails tax consequences under this Part, make an assessment, a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 of section 1010 only to the extent that the assessment, reassessment or additional assessment may reasonably be considered to relate to a tax consequence referred to in subparagraph b of the first paragraph.

1999, c. 83, s. 80; 2000, c. 39, s. 264; 2004, c. 4, s. 6.

737.18.5. For the purposes of section 737.18.4, where a temporary certificate issued to a qualified corporation in respect of a qualified investment fund of the qualified corporation is not replaced by a qualification certificate, on or before the qualified corporation’s filing-due date for its taxation year that includes the last day of the two-year period that begins on the reference date applicable to that fund, that temporary certificate is deemed to be revoked by the Minister of Finance in that taxation year.

1999, c. 83, s. 80; 2000, c. 39, s. 48.

TITLE VII.2.2 DEDUCTIONS RELATING TO THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

CHAPTER I INTERPRETATION AND GENERAL

2000, c. 39, s. 49.

737.18.6. In this Title,

“base period” applicable to a corporation or partnership in respect of eligible activities of a recognized business carried on by the corporation in a taxation year, or by the partnership in a fiscal period, means

(a)  where the certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with section 737.18.9.1, before 1 January 2001, the period beginning on the day after the effective date of the certificate and, subject to subparagraph ii of subparagraph a of the first paragraph of section 737.18.9.2 and subparagraph b of that paragraph, ending on the earlier of

i.  the day preceding the day when the corporation or partnership ceases to carry on the eligible activities, and

ii.  31 December 2010;

(b)  where the certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with section 737.18.9.1, after 31 December 2000 and before 1 January 2004, the period beginning on the day after the effective date of the certificate and, subject to subparagraph ii of subparagraph a of the first paragraph of section 737.18.9.2 and subparagraph b of that paragraph, ending on the earlier of

i.  the day preceding the day when the corporation or partnership ceases to carry on the eligible activities, and

ii.  the day of the tenth anniversary of the effective date of the certificate; and

(c)  where the certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with section 737.18.9.1, after 31 December 2003, the period beginning on the day after the effective date of the certificate and, subject to subparagraph ii of subparagraph a of the first paragraph of section 737.18.9.2 and subparagraph b of that paragraph, ending on the earlier of

i.  the day preceding the day when the corporation or partnership ceases to carry on the eligible activities, and

ii.  31 December 2013;

“eligible activities” of a recognized business carried on by a corporation in a taxation year, or by a partnership in a fiscal period, means the activities shown on the certificate issued to the corporation or partnership in respect of the recognized business and carried on in the international trade zone by the corporation in the year or by the partnership in the fiscal period;

“eligible employer” means a corporation or a partnership that carries on a recognized business;

“exemption period” of an individual who is a foreign specialist for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the later of the day on which the individual begins to perform the duties of that employment and 10 March 1999, and that, subject to subparagraph i of subparagraph a of the first paragraph of section 737.18.9.2, ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign specialist; and

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.18.6.2 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.18.10, in relation to a preceding employment, may reasonably be attributed, or

(2)  a preceding period within the meaning of section 737.18.6.2 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1;

“foreign specialist” for all or part of a taxation year, means an individual in respect of whom the following conditions are met:

(a)  at a particular time after 9 March 1999 but before 2 September 2003, the individual takes up employment, as an employee, with an eligible employer under an employment contract that they entered into before 13 June 2003;

(b)  the individual is not resident in Canada immediately before taking up employment, as an employee, with the eligible employer;

(c)  from the particular time to the end of the year or the part of the year

i.  the individual performs employment duties for the eligible employer exclusively or almost exclusively in the international trade zone,

ii.  the individual works exclusively or almost exclusively for the eligible employer, and

iii.  the individual’s duties for the eligible employer consist exclusively or almost exclusively in carrying out work relating to activities shown on the certificate issued to the employer in respect of the recognized business carried on by the employer in the international trade zone; and

(d)  the eligible employer obtained in respect of the individual a certificate issued, for the taxation year, by Investissement Québec, after having applied therefor in writing before 1 March of the following calendar year, and the certificate, that has not been revoked in respect of the year or the part of the year, and, where applicable, all the unrevoked certificates that were obtained in respect of the individual for preceding taxation years, certify that, from the particular time to the end of the year or the part of the year, the individual is employed by the individual’s employer, in the carrying on of the recognized business by the employer, as an administrator or professional whose expertise is widely recognized in the individual’s community;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.0.38 and by section 1029.8.36.0.38.1.

Where the certificate referred to in the definition of “foreign specialist” was not issued in respect of an individual for the taxation year that includes the particular day that is the later of the day on which the individual began to perform the duties of an employment the individual holds with an eligible employer and 10 March 1999, the exemption period of the individual in relation to that employment begins only on the first day of the first taxation year following the particular day for which such a certificate has been issued in respect of the individual.

Where an individual holds employment with an eligible employer on 10 March 1999 under a particular contract, but took up employment, as an employee, with that employer before that date, and the particular contract is not deemed to end under the first or second paragraph of section 737.18.7.2, the definition of “foreign specialist” in the first paragraph shall be read

(a)  with paragraphs a and b replaced by the following paragraphs:

“(a) on 10 March 1999, the individual holds employment with an eligible employer under an employment contract that they entered into before that date;

“(b) the individual is not resident in Canada immediately before 10 March 1999;”;

(b)  with “from the particular time” in the portion of paragraph c before subparagraph i and in paragraph d replaced by “from 10 March 1999”.

2000, c. 39, s. 49; 2001, c. 51, s. 41; 2003, c. 9, s. 54; 2004, c. 21, s. 137; 2005, c. 23, s. 79.

737.18.6.1. For the purposes of this Title, where, in a taxation year or a fiscal period, as the case may be, a corporation or a partnership carries on a business in respect of which section 1029.8.36.0.38.1 applies and whose activities are carried on in Québec but outside the international trade zone, the following rules apply:

(a)  the activities shown on the certificate referred to in paragraph a of section 1029.8.36.0.38.1 in respect of the recognized business, that are carried on in Québec but outside the international trade zone, are deemed to be activities carried on in the international trade zone;

(b)  the individual who, at a particular time after 13 March 2000, holds employment with that corporation or partnership and whose duties consist in carrying out work relating to the activities referred to in paragraph a exclusively or almost exclusively in Québec is deemed, from that time and throughout the period in which the individual actually performs those duties, to carry out work, exclusively or almost exclusively, that is related to the activities shown on the certificate issued to the corporation or partnership in respect of the recognized business and to perform the duties of the individual’s employment exclusively or almost exclusively in the international trade zone.

2001, c. 51, s. 42.

737.18.6.2. For the purpose of establishing the exemption period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “exemption period” in the first paragraph of section 737.18.6 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may reasonably be attributed.

2004, c. 21, s. 138.

737.18.6.3. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign specialist for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider that part of the year to be included in the individual’s exemption period in relation to the employment if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign specialist for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 80.

737.18.7. For the purposes of the definition of “foreign specialist” in the first paragraph of section 737.18.6, an individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with an eligible employer if

(a)  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2; or

(b)  the individual would meet the condition set out in paragraph a if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2000, c. 39, s. 49; 2004, c. 21, s. 139.

737.18.7.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign specialist working for the eligible employer if the definition of “foreign specialist” in the first paragraph of section 737.18.6 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in the portion of paragraph c before subparagraph i and in paragraph d replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign specialist working for the eligible employer if the portion of paragraph c of the definition of “foreign specialist” in the first paragraph of section 737.18.6 before subparagraph i and paragraph d of that definition were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no exemption period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 140.

737.18.7.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract within the meaning of subparagraph a of the third paragraph, is deemed to end at the time when the individual ceases to be a foreign specialist.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign specialist if this section were read without reference to the first and second paragraphs and the portion of paragraph c of the definition of “foreign specialist” in the first paragraph of section 737.18.6 before subparagraph i and paragraph d of that definition were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into before 13 June 2003; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no exemption period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.18.10, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in paragraph f of the definition of “foreign specialist” in section 737.18.6, as it read for that preceding taxation year.

Where an individual holds employment with an eligible employer on 10 March 1999 under the original contract, but took up employment, as an employee, with that employer before that date, the following rules apply:

(a)  the third paragraph, where it applies for the first time since the original contract is deemed to have ended under the first or second paragraph, shall be read with the reference to “from the particular time” replaced by a reference to “from 10 March 1999”; and

(b)  if the second paragraph applies to the original contract, subparagraph a of the fourth paragraph shall be read as follows:

“(a) the individual is not resident in Canada immediately before 10 March 1999;”.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 140.

737.18.7.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign specialist” in the first paragraph of section 737.18.6 and in this section referred to as the “original contract”, is deemed not to be an employment contract separate from the original contract.

The rule set out in the first paragraph applies, with the necessary modifications, to a new employment contract that is entered into after 12 June 2003 with another eligible employer, who is deemed not to be an employer separate from the eligible employer, in this section referred to as the “first employer”, who entered into the original contract, provided that

(a)  the other eligible employer

i.  controls directly or indirectly the first employer,

ii.  is, directly or indirectly, a controlled subsidiary of the first employer, or

iii.  as a result of a transaction referred to in section 518 or 566, continues to carry on the business of the first employer in the course of which the individual who entered into the original contract performed the individual’s duties as a foreign specialist; and

(b)  it may reasonably be considered that, but for the change of employer, the individual who entered into the original contract would have continued to be a foreign specialist working for the first employer until the time when the individual took up employment, as an employee, with the other eligible employer.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.18.7.2.

2004, c. 21, s. 140.

737.18.8. For the purpose of determining, for the purposes of this Title, the income or loss of a corporation for a taxation year, or of a partnership for a fiscal period, from the eligible activities of a recognized business carried on by the corporation or partnership, as the case may be, the income or loss shall be computed as if the activities were the carrying on, by the corporation or partnership, of a separate business.

2000, c. 39, s. 49.

737.18.9. Subject to the second paragraph, the rules set out in section 1029.8.36.0.48 apply to this Title if Investissement Québec replaces or revokes a certificate issued to a corporation or partnership in respect of a recognized business.

For the purposes of the definition of “eligible employer” in the first paragraph of section 737.18.6, the revoked certificate referred to in the first paragraph is deemed to be null at the time the certificate is revoked or, if it is later, at the time the revocation becomes effective, and is deemed not to have been issued as of that time.

2000, c. 39, s. 49; 2005, c. 23, s. 81; 2005, c. 38, s. 98.

737.18.9.1. For the purposes of this Title, where, at a particular time in a taxation year or fiscal period, a corporation or partnership, in this section referred to as the “transferee entity”, carries on a business in respect of which Investissement Québec issued a qualification certificate and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business carried on before that time by a corporation or partnership, in this section referred to as the “transferor entity”, the effective date of the qualification certificate issued to the transferee entity, in relation to the recognized business, is deemed to be the same as the effective date of the qualification certificate issued to the transferor entity, in relation to the recognized business or part of the recognized business.

2004, c. 21, s. 141; 2005, c. 23, s. 82.

737.18.9.2. For the purposes of this Title, where, at any time after 11 June 2003, control of a corporation that carries on at that time a recognized business or is a member of a partnership that carries on at that time a recognized business is acquired by a person or group of persons, the following rules apply:

(a)  where the recognized business is carried on by the corporation,

i.  the exemption period of an individual, in relation to an employment the individual holds with the corporation, is deemed to end immediately before that time, and

ii.  the base period applicable to the corporation, in respect of the eligible activities of the recognized business, is deemed to end immediately before that time; and

(b)  where the recognized business is carried on by the partnership, the base period applicable to the partnership, in respect of the eligible activities of the recognized business, is deemed, for the purpose of computing the amount that the corporation may deduct under section 737.18.11 for the taxation year in which the fiscal period of the partnership that includes that time ends and for a subsequent taxation year, to end immediately before that time.

However, the first paragraph does not apply if the acquisition of control

(a)  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date;

(b)  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003; or

(d)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003.

2004, c. 21, s. 141; 2005, c. 23, s. 83; 2006, c. 13, s. 53.

CHAPTER II DEDUCTIONS

2000, c. 39, s. 49.

737.18.10. Subject to the third paragraph, an individual who, for all or part of a taxation year, is a foreign specialist who holds employment with an eligible employer, may deduct, in computing the individual’s taxable income for the year, an amount not greater than the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to that employment that is included in the year.

For the purposes of the first paragraph, the following rules apply:

(a)  if the individual is a member of a partnership in a taxation year, the individual’s share of the income or loss of the partnership for a fiscal period that ended in the year must be considered to be earned or sustained during the part of the year referred to in that paragraph if the fiscal period ends in that part of the year, and to be earned or sustained during another part of the year if the fiscal period ends in that other part of the year; and

(b)  if the individual includes an amount in computing the individual’s income for a taxation year under section 313.11, the amount must be considered to be income earned by the individual on the last day of that year.

An individual may deduct an amount under the first paragraph in computing the individual’s taxable income for a taxation year only if the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the certificate that

(a)  was issued to the eligible employer for the year in respect of the individual;

(b)  was not revoked in respect of all or part of the year for which the individual is a foreign specialist; and

(c)  is referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.18.6.

2000, c. 39, s. 49; 2004, c. 21, s. 142; 2009, c. 5, s. 252.

737.18.10.1. Where, at a particular time included in an individual’s exemption period in relation to an employment held by the individual with an eligible employer, the individual, who was a foreign specialist for all or part of the taxation year that includes the particular time, acquired a right to a security under an agreement referred to in section 48 and, at a later time after the expiration of the exemption period, the individual is deemed to receive a benefit in a particular taxation year by reason of the application of any of sections 49 and 50 to 52.1 in respect of the security, or the transfer or any other disposition of the rights under the agreement, the following rules apply:

(a)  for the purposes of the first paragraph of section 737.18.10, the individual is deemed, for a part of the particular taxation year that includes the later time, to be a foreign specialist who holds that employment with the eligible employer;

(b)  for the purposes of the first paragraph of section 737.18.10 and paragraphs a and b of section 737.18.13 in respect of the amount of the benefit included by the individual in computing the individual’s income for the particular taxation year, the later time is deemed to be an exemption period of the individual in relation to that employment; and

(c)  the third paragraph of section 737.18.10 shall be read with “for the year” in subparagraph a replaced by “for the taxation year that includes the particular time referred to in the portion of section 737.18.10.1 before paragraph a” and without reference to subparagraph b thereof.

2002, c. 40, s. 59; 2004, c. 21, s. 143.

737.18.11. Subject to the second paragraph, a corporation that, in a taxation year, carries on a recognized business or is a member of a partnership that, in a fiscal period of the partnership ending in that year, carries on a recognized business, may deduct, in computing its taxable income for the year, an amount not exceeding the part of its income for the year that may reasonably be considered to be the amount by which

(a)   the aggregate of all amounts each of which is

i.  the amount obtained by multiplying the corporation’s income for the year from the eligible activities of a recognized business carried on by the corporation, by the proportion that the number of days in the year that are within the base period applicable to the corporation in respect of the eligible activities is of the number of days in the year during which the corporation carries on the eligible activities, or

ii.  the amount obtained by multiplying the corporation’s share of the partnership’s income for the fiscal period from the eligible activities of a recognized business carried on by the partnership, by the proportion that the number of days in the fiscal period that are within the base period applicable to the partnership in respect of the eligible activities is of the number of days in the fiscal period during which the partnership carries on the eligible activities; exceeds

(b)  the aggregate of all amounts each of which is

i.  the amount obtained by multiplying the corporation’s loss for the year from the eligible activities of a recognized business carried on by the corporation, by the proportion that the number of days in the year that are within the base period applicable to the corporation in respect of the eligible activities is of the number of days in the year during which the corporation carries on the eligible activities, or

ii.  the amount obtained by multiplying the corporation’s share of the partnership’s loss for the fiscal period from the eligible activities of a recognized business carried on by the partnership, by the proportion that the number of days in the fiscal period that are within the base period applicable to the partnership in respect of the eligible activities is of the number of days in the fiscal period during which the partnership carries on the eligible activities.

A corporation may deduct an amount under the first paragraph in computing its taxable income for a taxation year only if it encloses, with its fiscal return it is required to file under section 1000 for the year, the prescribed form containing the prescribed information and, in relation to each recognized business carried on by the corporation or the partnership, a copy of the certificate issued to the corporation or partnership in respect of the recognized business.

2000, c. 39, s. 49.

CHAPTER III INCLUSION

2000, c. 39, s. 49.

737.18.12. A corporation that, in a taxation year, carries on a recognized business or is a member of a partnership that, in a fiscal period of the partnership ending in that year, carries on a recognized business, shall include, in computing its taxable income for the year, an amount equal to the lesser of

(a)  the amount by which the amount determined in its respect for the year under subparagraph b of the first paragraph of section 737.18.11 exceeds the amount determined in its respect for the year under subparagraph a of that paragraph; and

(b)  its income for the year, computed as if the amount determined in its respect for the year under subparagraph a of the first paragraph of section 737.18.11 and the amount determined in its respect for the year under subparagraph b of that paragraph were nil.

2000, c. 39, s. 49.

CHAPTER IV COMPUTATION OF TAXABLE INCOME

2000, c. 39, s. 49.

737.18.13. For the purpose of computing the taxable income of an individual referred to in section 737.18.10 for a taxation year, the following rules apply:

(a)  for the purpose of computing the deduction under section 725.2, the amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and which the individual has included in computing the individual’s income for the year, shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(b)  for the purpose of computing the deduction under section 725.3, the amount that is the benefit the individual is deemed to receive in the year under section 49, as a consequence of the application of section 49.2, in respect of a share acquired by the individual after 22 May 1985 and which the individual has included in computing the individual’s income for the year, shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(c)  for the purpose of computing the deduction under section 725.4, the amount included by the individual under paragraph b of section 218 in computing the individual’s income for the year in respect of a share the individual has received after 22 May 1985 shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(d)  for the purpose of computing the deduction under section 725.5, the amount included by the individual under section 888.1 in computing the individual’s income for the year shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(e)  for the purpose of computing the deduction under section 725, the amount included by the individual in computing the individual’s income for the year, which is an amount described in any of the paragraphs of that section, shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(f)  for the purpose of computing the deduction under section 725.1.2, the amount included by the individual in computing the individual’s income for the year, which is an amount described in the second paragraph of that section, shall not include the portion of the amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period in relation to an employment that is included in the year;

(g)  where the individual has included in computing the individual’s income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction provided for in section 725.6,

i.  subtract, from the amount determined in paragraph a of section 725.6, the portion of that amount that may reasonably be attributed to the part of the year that is included in the individual’s exemption period, in relation to an employment,

ii.  subtract, from the amount determined in paragraph b of section 725.6, the amount of interest, computed pursuant to that paragraph, for the part of the year that is included in the individual’s exemption period, in relation to an employment, and

iii.  subtract, from the amount determined in paragraph c of section 725.6, the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in the individual’s exemption period, in relation to an employment; and

(h)  a capital gain realized during the individual’s exemption period, in relation to an employment, or a capital loss, including any allowable business investment loss, for such a period is deemed to be nil for the purposes of Titles VI.5 and VI.5.1.

2000, c. 39, s. 49; 2001, c. 53, s. 104; 2004, c. 21, s. 144.

TITLE VII.2.3 DEDUCTION RELATING TO THE CARRYING OUT OF A MAJOR INVESTMENT PROJECT

2002, c. 9, s. 13.

CHAPTER I INTERPRETATION AND GENERAL

2002, c. 9, s. 13.

737.18.14. In this Title, unless the context indicates otherwise,

“annual qualification certificate” for a taxation year of a corporation or a fiscal period of a partnership, in relation to a major investment project, means the qualification certificate issued by the Minister of Finance, in relation to the major investment project, in respect of a calendar year included in whole or in part in the taxation year of the corporation or the fiscal period of the partnership, as the case may be;

“compensation period” of a corporation or partnership, in relation to a major investment project, means the period that begins on the date of the beginning of the exemption period of the corporation or partnership, as the case may be, in respect of the major investment project, and that ends at the particular time that corresponds to the end of the last taxation year of the corporation or the last fiscal period of the partnership ending before the beginning of the calendar year referred to in the annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project, except where the corporation or partnership transferred, prior to the particular time, to another corporation or partnership all or substantially all of the recognized business in connection with which the major investment project is carried out or is in the process of being carried out, in which case it ends on the date of the transfer;

“date of the beginning of the exemption period” of a corporation or partnership, in respect of a major investment project, means

(a)  where the initial qualification certificate, in respect of the major investment project, has been issued to the corporation or partnership, the date of the beginning of the exemption period as determined by the Minister of Finance in one of the annual qualification certificates in relation to the major investment project; and

(b)  where the corporation or partnership acquired from another corporation or partnership all or substantially all of the recognized business in connection with which the major investment project is carried out or is in the process of being carried out and the Minister of Finance, for the purposes of this Title, previously authorized the acquisition, the date of the acquisition or, where later, the date of the beginning of the exemption period as determined by the Minister of Finance in one of the annual qualification certificates in relation to the major investment project;

“eligibility period” of a corporation for a taxation year or of a partnership for a fiscal period, in relation to a major investment project, means

(a)  where the first day of the calendar year referred to in the valid annual qualification certificate that determines the date of the beginning of the exemption period in relation to the major investment project is included in the taxation year of the corporation or the fiscal period of the partnership, the period of the taxation year or fiscal period, as the case may be, that ends at the end of the preceding calendar year, to the extent that that period does not precede that date, and the period of the taxation year or fiscal period, as the case may be, that is covered by the certificate; and

(b)  in any other case, the period of the taxation year or fiscal period, as the case may be, that is covered by one or more valid annual qualification certificates, in relation to the major investment project;

“eligible activities” of a corporation or partnership, in relation to a major investment project, means, subject to section 737.18.16.1, the activities or portion of the activities carried on by the corporation or partnership in the course of carrying on the recognized business in connection with which the major investment project is carried out or is in the process of being carried out, that arise from the major investment project, except, in respect of the activities of a corporation, the portion of the activities of the corporation that are carried on under a contract that is an eligible contract for the purposes of Division II.6.0.1.8 of Chapter III.1 of Title III of Book IX or that are eligible activities for the purposes of Division II.6.0.1.9 of that Chapter III.1;

“major investment project” of a corporation or partnership means an investment project the carrying out of which begins after 14 March 2000 and in respect of which an initial qualification certificate has been issued to the corporation or partnership, as the case may be, by the Minister of Finance, for the purposes of this Title;

“prior loss attributable to eligible activities” of a corporation for a taxation year or a partnership for a fiscal period means the amount determined by the formula

A - B;

“recognized business” of a corporation or partnership means a business carried on in Québec by the corporation or partnership, in connection with which a major investment project was carried out or is in the process of being carried out and in respect of which the corporation or partnership keeps separate accounts in relation to the eligible activities carried on in the course of carrying on the business that arise from the major investment project.

In the formula referred to in the definition of “prior loss attributable to eligible activities” of a corporation for a particular taxation year or of a partnership for a particular fiscal period, provided for in the first paragraph,

(a)  A is

i.  in relation to a corporation, the aggregate of

(1)  the aggregate of all amounts each of which is the amount by which the amount determined under subparagraph b of the second paragraph of section 737.18.17, in respect of the corporation, for a taxation year preceding the particular taxation year, exceeds the amount determined under subparagraph a of the second paragraph of that section 737.18.17, in respect of the corporation, for the preceding taxation year, and

(2)  the aggregate of all amounts each of which is the amount that would have been determined under subparagraph b of the second paragraph of section 737.18.17, in respect of the eligible activities relating to a major investment project of the corporation, for a taxation year preceding the particular taxation year, if the eligibility period of the corporation for the preceding taxation year, in relation to the major investment project, had consisted of the portion of the year that is included in its compensation period in relation to the major investment project, and

ii.  in relation to a partnership, the aggregate of

(1)  the aggregate of all amounts each of which is the amount by which the amount determined under subparagraph e of the second paragraph of section 737.18.17, in respect of the partnership, for a fiscal period preceding the particular fiscal period, exceeds the amount determined under subparagraph d of the second paragraph of that section 737.18.17, in respect of the partnership, for the preceding fiscal period, and

(2)  the aggregate of all amounts each of which is the amount that would have been determined under subparagraph e of the second paragraph of section 737.18.17, in respect of the eligible activities relating to a major investment project of the partnership, for a fiscal period preceding the particular fiscal period, if the eligibility period of the partnership for the preceding fiscal period, in relation to the major investment project, had consisted of the portion of the fiscal period that is included in its compensation period in relation to the major investment project; and

(b)  B is

i.  in relation to a corporation, the aggregate of

(1)  the aggregate of all amounts each of which is the amount that reduced, because of C in the formula in subparagraph a of the first paragraph of section 737.18.17, the amount otherwise deductible by the corporation, under that section, for a taxation year preceding the particular taxation year, and

(2)  the aggregate of all amounts each of which is the amount that would have reduced, because of C in the formula in subparagraph a of the first paragraph of section 737.18.17, the amount that would have been otherwise deductible by the corporation, under that section, in respect of eligible activities relating to a major investment project, for a taxation year preceding the particular taxation year, if the corporation’s eligibility period for the preceding taxation year, in relation to the major investment project, had consisted of the portion of the preceding taxation year that is included in its compensation period in relation to the major investment project, and

ii.  in relation to a partnership, the aggregate of

(1)  the aggregate of all amounts each of which is the amount that reduced, because of F in the formula in subparagraph b of the first paragraph of section 737.18.17, the amount of which a portion would have been otherwise deductible by a corporation that is a member of the partnership, under that section, for a taxation year in which a fiscal period preceding the particular fiscal period of the partnership ends, and

(2)  the aggregate of all amounts each of which is the amount that would have reduced, because of F in the formula in subparagraph b of the first paragraph of section 737.18.17, the amount of which a portion would have been otherwise deductible by a corporation that is a member of the partnership, under that section, in respect of eligible activities relating to a major investment project, for a taxation year in which a fiscal period preceding the particular fiscal period of the partnership ends, if the eligibility period of the partnership for the preceding fiscal period, in relation to the major investment project, had consisted of the portion of the fiscal period that is included in its compensation period in relation to the major investment project.

For the purposes of the definition of “eligibility period” in the first paragraph, an annual qualification certificate, in relation to a major investment project, is no longer valid if the initial qualification certificate issued by the Minister of Finance in relation to the major investment project is revoked.

2002, c. 9, s. 13; 2006, c. 13, s. 54; 2009, c. 5, s. 253; 2009, c. 15, s. 130.

737.18.15. For the purpose of determining, for the purposes of this Title, the income or loss of a corporation for a taxation year, or of a partnership for a fiscal period, from the eligible activities relating to a major investment project, the income or loss shall be computed as if

(a)  the eligible activities of the corporation or partnership were the carrying on of a separate business; and

(b)  the corporation or partnership were deducting in computing its income for the taxation year or fiscal period and had deducted in computing its income for any preceding taxation year or fiscal period, in relation to the separate business, the maximum amount in respect of any reserve, allowance or other amount.

For the purposes of subparagraph b of the first paragraph, the following rules apply:

(a)  the undepreciated capital cost, on the date of the beginning of the exemption period of the corporation or partnership, in respect of the major investment project, of depreciable property of a prescribed class in relation to the separate business referred to in subparagraph a of the first paragraph, is deemed to include, as of that date, the amount that is the amount by which the total depreciation, within the meaning of paragraph b of section 93, allowed to the corporation or partnership, as the case may be, before that date, in respect of property of that class, exceeds the aggregate of all amounts each of which is an amount that the corporation or partnership, as the case may be, included, pursuant to section 94, in respect of property of that class, in computing its income for a taxation year or fiscal period ending before that date; and

(b)  the eligible incorporeal capital amount of the corporation or partnership, in respect of the separate business referred to in subparagraph a of the first paragraph, on the date of the beginning of the exemption period of the corporation or partnership, in respect of the major investment project, is deemed to include, as of that date, the amount that is the amount by which the aggregate of all amounts each of which is an amount that the corporation or partnership, as the case may be, deducted in computing its income from the separate business, pursuant to paragraph b of section 130, for a taxation year or fiscal period that ended before that date, exceeds the aggregate of all amounts each of which is an amount that the corporation or partnership, as the case may be, included in computing its income from the separate business under section 105 for a taxation year or fiscal period that ended before that date.

2002, c. 9, s. 13; 2005, c. 1, s. 143.

737.18.16. Where, at any time, a corporation or partnership, in this section referred to as the “acquirer”, acquired all or substantially all of a recognized business from another corporation or partnership, in this section referred to as the “vendor”, and the Minister of Finance previously authorized the acquisition for the purposes of this Title, the following rules apply:

(a)  for the purposes of this Title,

i.  for the purpose of computing the prior loss attributable to eligible activities of the acquirer for a taxation year or fiscal period that ends after that time, there shall be added to the amount otherwise represented by A in the formula in the definition of “prior loss attributable to eligible activities” in the first paragraph of section 737.18.14, unless it is otherwise included in that amount, the part that is reasonably attributable to the recognized business of the amount by which the aggregate of the following amounts exceeds the amount represented by C or F in the formula in subparagraph a or b of the first paragraph of section 737.18.17, in respect of the vendor for that taxation year or fiscal period:

(1)  the amount by which the amount determined under subparagraph b or e of the second paragraph of section 737.18.17, in respect of the vendor for the taxation year or fiscal period, exceeds the amount determined in its respect under subparagraph a or d of that second paragraph for that taxation year or fiscal period, and

(2)  the prior loss attributable to eligible activities of the vendor for that taxation year or fiscal period, and

ii.  for the purpose of computing the prior loss attributable to eligible activities of the vendor for a taxation year or fiscal period that ends after that time, there shall be added to the amount otherwise represented by B in the formula in the definition of “prior loss attributable to eligible activities” in the first paragraph of section 737.18.14, the amount referred to in subparagraph ii, in respect of the acquirer for such a taxation year or fiscal period;

(b)  for the purposes of subparagraphs a and b or d and e of the second paragraph of section 737.18.17,

i.  the taxation year or fiscal period of the vendor that includes that time is deemed to end immediately before that time, and

ii.  the taxation year or fiscal period of the acquirer that includes that time is deemed to begin at that time; and

(c)  for the purposes of subparagraph ii of subparagraph b of the third paragraph of section 737.18.17, the initial qualification certificate issued to the vendor, in relation to the major investment project, is deemed to have been issued, from that time, to the acquirer.

2002, c. 9, s. 13.

737.18.16.1. Subject to section 737.18.16, if, at a particular time, the activities carried on in Québec by a person or partnership in relation to a business diminish or cease and it may reasonably be considered that, as a result, a corporation or another partnership begins, after the particular time, to carry on similar activities in the course of carrying on a recognized business, in relation to a major investment project, or increases the scope of similar activities carried on in the course of carrying on such a business, those activities or portions of activities are deemed not to be eligible activities of the corporation or of the other partnership carried on in the course of carrying on a recognized business, in relation to the major investment project.

2009, c. 5, s. 254.

CHAPTER II DEDUCTION

2002, c. 9, s. 13.

737.18.17. A corporation that, in a taxation year, carries on a recognized business in connection with which a major investment project was carried out or is in the process of being carried out, or is a member of a partnership that carries on such a recognized business in a fiscal period of the partnership ending in that year, may deduct in computing its taxable income for the year, if an annual qualification certificate has been issued, for the purposes of this Title, by the Minister of Finance in relation to the major investment project, an amount not exceeding the part of its income for the year that may reasonably be considered to be equal to the aggregate of

(a)  the amount determined by the formula

(A − B) − C; and

(b)  the corporation’s share of the amount determined by the formula

(D − E) − F.

In the formulas provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the amount obtained by multiplying the corporation’s income for the taxation year from its eligible activities, in relation to a major investment project, by the proportion that the number of days in the eligibility period of the corporation for the year, in relation to the major investment project, is of the number of days in the taxation year;

(b)  B is the aggregate of all amounts each of which is the amount obtained by multiplying the corporation’s loss for the taxation year from its eligible activities, in relation to a major investment project, by the proportion that the number of days in the eligibility period of the corporation for the year, in relation to the major investment project, is of the number of days in the taxation year;

(c)  C is the prior loss attributable to eligible activities of the corporation for the year;

(d)  D is the aggregate of all amounts each of which is the amount obtained by multiplying the partnership’s income for the fiscal period from its eligible activities, in relation to a major investment project, by the proportion that the number of days in the eligibility period of the partnership for the fiscal period, in relation to the major investment project, is of the number of days in the fiscal period;

(e)  E is the aggregate of all amounts each of which is the amount obtained by multiplying the partnership’s loss for the fiscal period from its eligible activities, in relation to a major investment project, by the proportion that the number of days in the eligibility period of the partnership for the fiscal period, in relation to the major investment project, is of the number of days in the fiscal period; and

(f)  F is the prior loss attributable to eligible activities of the partnership for the fiscal period.

A corporation may deduct an amount under the first paragraph in computing its taxable income for a taxation year only if it encloses, with its fiscal return it is required to file under section 1000 for the year,

(a)  the prescribed form containing the prescribed information; and

(b)  in relation to each major investment project of the corporation or partnership, referred to in the first paragraph,

i.  the financial statements relating to the eligible activities, in respect of the major investment project, for the taxation year or fiscal period, as the case may be,

ii.  a copy of the unrevoked initial qualification certificate issued to the corporation or partnership in relation to the major investment project, and

iii.  a copy of any valid annual qualification certificate issued for the taxation year or fiscal period, as the case may be, in relation to the major investment project.

For the purposes of subparagraph b of the first paragraph, a corporation’s share of an amount is equal to the proportion of that amount that the corporation’s share of the partnership’s income for the fiscal period is of the partnership’s income for the fiscal period.

2002, c. 9, s. 13.

TITLE VII.2.4 DEDUCTION IN RESPECT OF MANUFACTURING OR PROCESSING BUSINESSES IN THE RESOURCE REGIONS

2002, c. 40, s. 60.

CHAPTER I INTERPRETATION AND GENERAL

2002, c. 40, s. 60.

737.18.18. In this Title,

“associated group” in a taxation year has the meaning assigned by section 737.18.20;

“eligible activity” of a corporation for a taxation year means a manufacturing or processing activity, other than an excluded activity, and includes the following activities where they are incidental to the manufacturing or processing activity:

(a)  engineering design of products and production facilities;

(b)  receiving and storing of raw materials;

(c)  producing, assembling and handling of goods in process;

(d)  inspecting and packaging of finished goods;

(e)  line supervision;

(f)  production support activities including security, cleaning, heating and factory maintenance;

(g)  quality and production control;

(h)  repair of production facilities;

(i)  pollution control; and

(j)  the installation of a property by the corporation, where the property is the result of the manufacturing or processing activity carried out by the corporation or a corporation to which it is associated;

“eligible cost” of a qualified property to a corporation for a taxation year means

(a)  where the property is referred to in paragraph a of the definition of “qualified property”, 10% of the capital cost of the property to the corporation; or

(b)  where the property is referred to in paragraph b of the definition of “qualified property”, the rental expenses incurred by the corporation in the year in respect of the property;

“eligible employee” of a corporation for a pay period within a taxation year means an employee of the corporation who, during that period, reports for work at an establishment of the corporation situated in an eligible region;

“eligible region” means

(a)  one of the following administrative regions:

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 08 Abitibi-Témiscamingue,

iv.  administrative region 09 Côte-Nord,

v.  administrative region 10 Nord-du-Québec, or

vi.  administrative region 11 Gaspésie–Îles-de-la-Madeleine;

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

ii.  (subparagraph repealed);

iii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau,

iv.  Municipalité régionale de comté de Mékinac, or

v.  Municipalité régionale de comté de Pontiac; or

(c)  the urban agglomeration of La Tuque, as described in section 8 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001);

“excluded activity” for a taxation year means

(a)  farming, fishing or forestry;

(b)  construction;

(c)  operating an oil or gas well or extracting petroleum or natural gas from a natural accumulation of petroleum or natural gas;

(d)  extracting minerals from a mineral resource;

(e)  processing

i.  ore, other than iron ore or tar sands ore, from a mineral resource to any stage that is not beyond the prime metal stage or its equivalent,

ii.  iron ore from a mineral resource to any stage that is not beyond the pellet stage or its equivalent,

iii.  tar sands ore from a mineral resource to any stage that is not beyond the crude oil stage or its equivalent,

iv.  producing industrial minerals, other than sulfur obtained by processing natural gas,

v.  processing natural gas by a public utility as part of the business of selling or distributing gas, or

vi.  processing, in Canada, heavy crude oil recovered from a natural reservoir in Canada to a stage that is not beyond the crude oil stage or its equivalent;

(f)  storing, shipping, selling and leasing of finished goods;

(g)  purchasing of raw materials;

(h)  administration, including clerical and personnel activities;

(i)  purchase and resale operations;

(j)  data processing; or

(k)  providing facilities for employees, including cafeterias, clinics and recreational facilities;

(l)  photographic development undertaken in a laboratory;

(m)  an activity engaged in as part of the operation of a service sector business in relation in particular to transportation or storage, administrative or financial services, wholesale or retail trade, lodging or restaurant services, including any preparation of meals or beverages ordered by customers for immediate consumption on the premises or outside the establishment where the meals or beverages are prepared, or personal services;

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  (paragraph repealed);

(q)  (paragraph repealed);

“excluded corporation” for a taxation year means a corporation

(a)  that is exempt from tax under Book VIII; or

(b)  that would be exempt from tax under section 985 but for section 192;

“exemption period” applicable to a qualified corporation means the period that begins on 30 March 2001 and that ends on 31 December 2010;

“qualified corporation” for a taxation year means, subject to sections 737.18.22 and 737.18.23, a corporation, other than an excluded corporation,

(a)  all or substantially all the total payroll of which for the year is attributable to employees of the corporation in respect of pay periods within the year for which the employees qualify as eligible employees of the corporation;

(b)  the activities of which consist mainly in carrying on a manufacturing or processing business; and

(c)  the paid-up capital attributed to the corporation for the year, determined in accordance with section 737.18.24, is less than $30,000,000;

“qualified property” of a corporation for a taxation year means

(a)  depreciable property owned by the corporation at the end of the year and used by the corporation at any time in the year; or

(b)  property leased by the corporation in the year and that would be property referred to in paragraph a if it were owned by the corporation at the end of the year;

“qualified salary or wages” of a corporation for a taxation year, in respect of an employee of the corporation for the year, means the lesser of

(a)  the amount obtained by multiplying $125,000 by the proportion that the number of days in the taxation year during which the employee works for the corporation is of 365; and

(b)  the salary or wages incurred by the corporation in the taxation year in respect of the employee;

“qualified total payroll” of a corporation for a taxation year means the aggregate of all amounts each of which is the qualified salary or wages incurred by the corporation in the year in respect of an employee of the corporation for the year;

“reduction factor” of a qualified corporation for a taxation year means the reduction factor specified in the qualification certificate issued by Investissement Québec to the qualified corporation for the year for the purposes of this Title or, in the absence of such a specification, zero;

“total payroll” of a corporation for a taxation year means the aggregate of all amounts each of which is the salary or wages incurred by the corporation in the year in respect of an employee of the corporation for the year.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  where, during a pay period within a taxation year, an employee reports for work at an establishment of a corporation situated in an eligible region and at an establishment of the corporation situated outside that region, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the eligible region, and

ii.  to report for work only at the establishment situated outside the eligible region if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside the eligible region; and

(b)  where, during a pay period within a taxation year, an employee is not required to report for work at an establishment of a corporation and the employee’s salary or wages are paid from such an establishment situated in an eligible region, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in the eligible region.

2002, c. 40, s. 60; 2003, c. 9, s. 55; 2004, c. 21, s. 145; 2006, c. 13, s. 55; 2009, c. 5, s. 255; 2009, c. 15, s. 131.

737.18.19. For the purposes of paragraph b of the definition of “qualified corporation” in the first paragraph of section 737.18.18, the activities of a corporation for a taxation year consist mainly in carrying on a manufacturing or processing business where the proportion represented by either of the following formulas is greater than 50%:

(a)  A / B;

(b)  C / D.

In the formulas provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the proportion of the qualified salary or wages of the corporation for the year, in respect of an employee of the corporation for the year whose duties relate to an eligible activity of the corporation for the year, that the working time spent by the employee on eligible activities of the corporation for the year is of the aggregate of the employee’s working time for the year as an employee of the corporation;

(b)  B is the qualified total payroll of the corporation for the year;

(c)  C is the aggregate of all amounts each of which is the proportion of the eligible cost of a qualified property to the corporation for the year that is used directly to carry on an eligible activity of the corporation in the year, that the direct use of the qualified property to carry on an eligible activity of the corporation for the year is of the use of the qualified property to carry on the aggregate of the activities of the corporation for the year; and

(d)  D is the aggregate of all amounts each of which is the eligible cost of a qualified property to the corporation for the year.

For the purposes of subparagraph a of the second paragraph, an employee who spends 90% or more of working time on an eligible activity of the corporation is deemed to spend all working time thereon.

2002, c. 40, s. 60.

737.18.20. An associated group, in a taxation year, means all the corporations that are associated with each other at any time in the year.

For the purposes of the first paragraph, the following rules apply:

(a)  a business carried on by an individual, other than a trust, is deemed to be carried on by a corporation all the voting shares in the capital stock of which are owned at that time by the individual;

(b)  a partnership is deemed to be a corporation all the voting shares in the capital stock of which are owned at that time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time; and

(c)  a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this subparagraph c referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  where any such beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and where that time occurs before the distribution date, are owned at that time by the beneficiary,

(2)  where subparagraph 1 does not apply and where that time occurs before the distribution date, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  where a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at that time by the beneficiary, except where subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, except where subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at that time by the person referred to therein from whom property of the trust or property for which it was substituted was directly or indirectly received.

2002, c. 40, s. 60; 2005, c. 1, s. 144; 2009, c. 15, s. 132.

737.18.21. For the purposes of this chapter, the following rules apply:

(a)  an amount incurred in a taxation year under an agreement by a corporation, in respect of a person, for services that would normally be rendered by an employee of the corporation is deemed to be a salary or wages incurred in that year for the services in respect of such an employee who reports for work at the establishment of the corporation to which such services are reasonably attributable and to the extent that they are so attributable, except where a commission is paid to a person who is not an employee of the corporation; and

(b)  where an employee renders a service to or on behalf of a corporation that is not the employer of the employee, an amount that may reasonably be considered to be the salary or wages incurred in respect of the employee for the rendering of the service is deemed, for the taxation year during which the salary or wages are so incurred, to be a salary or wages incurred by the corporation for the service, in respect of an employee who reports for work at the establishment of the corporation to which such service is reasonably attributable, to the extent that it is so attributable, and the employee is deemed to be an employee of the corporation, where

i.  the amount is not otherwise included in the aggregate of the salaries or wages incurred by the corporation that are determined for the purposes of this Title, and

ii.  the service rendered by the employee is

(1)  performed by the employee in the normal course of the employee’s duties for the employer,

(2)  rendered to or on behalf of the corporation as part of the regular, ongoing activities of carrying on a business by the corporation, and

(3)  of the same type as services rendered by employees of entities carrying on the same type of business as the business referred to in subparagraph 2.

2002, c. 40, s. 60.

737.18.22. Where, for a taxation year, a corporation would, but for this section, be a qualified corporation and the corporation is a party to a transaction or operation or to a series of transactions or operations, one of the main purposes of which may reasonably be considered to enable the corporation to benefit from the deduction provided for in section 737.18.26 in computing its taxable income for that year, the deduction provided for in section 1138.2.3 in computing its paid-up capital for that year or the exemption from the contribution payable under the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) provided for in the sixth paragraph of section 34 of that Act, or to increase the deductions or the exemption, the corporation is deemed not to be a qualified corporation.

2002, c. 40, s. 60.

737.18.23. Where, for a taxation year, a corporation would, but for this section, be a qualified corporation and the paid-up capital of the corporation for the year, determined in accordance with the second paragraph, is equal to or greater than $30,000,000, the corporation is deemed not to be a qualified corporation.

For the purposes of the first paragraph, the paid-up capital of a corporation for a taxation year is equal to

(a)  where the corporation is not a member of an associated group in the year, its paid-up capital, determined in accordance with section 737.18.25 for the year; and

(b)  where the corporation is a member of an associated group in the year, the aggregate of all amounts each of which is its paid-up capital, determined in accordance with section 737.18.25 for the year and the paid-up capital of each other member of the group, determined in accordance with that section 737.18.25, for its taxation year that ended in the year.

2002, c. 40, s. 60.

737.18.24. The paid-up capital attributed to a corporation for a particular taxation year of the corporation is equal to

(a)  where the corporation is not a member of an associated group in the particular year, its paid-up capital, determined in accordance with section 737.18.25, for the taxation year preceding the particular year; and

(b)  where the corporation is a member of an associated group in the particular year, the aggregate of all amounts each of which is its paid-up capital, determined in accordance with section 737.18.25, for the taxation year preceding the particular year and the paid-up capital of each other member of the group, determined in accordance with that section 737.18.25, for its last taxation year that ended before the beginning of the particular year.

For the purposes of subparagraph a of the first paragraph, where the particular year is the first fiscal period of the corporation, its paid-up capital is determined, in accordance with section 737.18.25, on the basis of its financial statements prepared at the beginning of that fiscal period in accordance with generally accepted accounting principles or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, on the basis of such financial statements that would be prepared in accordance with generally accepted accounting principles.

For the purposes of subparagraph b of the first paragraph, where a member of the associated group, other than the corporation, has no taxation year ending before the beginning of the particular year, its paid-up capital is determined, in accordance with section 737.18.25, on the basis of its financial statements prepared at the beginning of its first fiscal period in accordance with generally accepted accounting principles or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, on the basis of such financial statements that would be prepared in accordance with generally accepted accounting principles.

2002, c. 40, s. 60.

737.18.25. For the purposes of this section and sections 737.18.23 and 737.18.24,

(a)  the paid-up capital of a corporation for a taxation year is

i.  in respect of a corporation, except a corporation that is an insurer within the meaning assigned by the Act respecting insurance (chapter A-32), its paid-up capital that would be determined for that year in accordance with Book III of Part IV if no reference were made to paragraph b.2 of subsection 1 of section 1136, paragraphs d and e of section 1137 and sections 1137.0.0.1, 1138.0.1, 1138.2.1 to 1138.2.3, 1138.2.5, 1138.2.6 and 1141.3 to 1141.11, and

ii.  in respect of a corporation that is an insurer, within the meaning assigned by the Act respecting insurance, its paid-up capital that would be determined for that year in accordance with Title II of Book III of Part IV if it were a bank, if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136 and if no reference were made to sections 1141.3 to 1141.11;

(b)  a business carried on by an individual who is a member of an associated group in a taxation year is deemed to be carried on by a corporation referred to in subparagraph i of paragraph a and a partnership or a trust which is a member of an associated group in a taxation year is deemed to be a corporation referred to in subparagraph i of paragraph a, the paid-up capital of which is determined in accordance with Title I of Book III of Part IV but without reference to paragraph b.1.2 of section 1137 and any participating interest of which in the nature of capital stock or surplus is deemed to be referred to in paragraph a or b of subsection 1 of section 1136; and

(c)  the interest of a member of an associated group in a taxation year in another member of that group is deemed to be an investment in shares and bonds of another corporation.

2002, c. 40, s. 60; 2003, c. 9, s. 56; 2004, c. 21, s. 146; 2005, c. 38, s. 99; 2009, c. 15, s. 133.

CHAPTER II DEDUCTION

2002, c. 40, s. 60.

737.18.26. Subject to the third paragraph, a qualified corporation for a taxation year may deduct, in computing its taxable income for the year, an amount not exceeding the portion of its income for the year that may reasonably be considered as equal to the lesser of the amount determined under section 737.18.26.1 in respect of the corporation for the year and the amount determined by the formula

[75% × (A - B)] × {1 - [(C - $20,000,000)/$10,000,000]} × (1 - D).

In the formula provided for in the first paragraph,

(a)  A is the proportion of the income of the corporation for the year from a qualified business that the number of days in the year that are within the exemption period applicable to the corporation is of the number of days in the year;

(b)  B is the proportion of the loss of the corporation for the year from a qualified business that the number of days in the year that are within the exemption period applicable to the corporation is of the number of days in the year;

(c)  C is the greater of $20,000,000 and the paid-up capital attributed to the corporation for the year determined in accordance with section 737.18.24; and

(d)  D is the corporation’s reduction factor for the year.

A qualified corporation may deduct an amount, under the first paragraph, in computing its taxable income for a taxation year only if

(a)  it encloses the prescribed form containing prescribed information and a copy of the qualification certificate issued to it for the year by Investissement Québec for the purposes of this Title with the fiscal return it is required to file for the year under section 1000; and

(b)  where it would be a qualified corporation, within the meaning of sections 771.5 to 771.7 if that section 771.5 were read without reference to paragraph e thereof, it elected irrevocably, in prescribed form, not to be considered as such a qualified corporation.

2002, c. 40, s. 60; 2004, c. 21, s. 147; 2009, c. 5, s. 256; 2010, c. 25, s. 68.

737.18.26.1. The amount to which the first paragraph of section 737.18.26 refers in respect of a corporation for a taxation year is equal to the aggregate of the following amounts that is multiplied, if the corporation has an establishment situated outside Québec, by the reciprocal of the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771:

(a)  the lesser of 100/8 of the balance of the corporation’s tax assistance limit for the year and the amount by which the amount that would be determined in its respect for the year under section 771.2.1.2 if no reference were made to section 771.2.6 and if, for the purposes of paragraph b of section 771.2.1.2, its taxable income otherwise determined for the year were computed without reference to section 737.18.26, exceeds the amount that would be determined in its respect for the year under section 771.2.1.2 if the corporation were to deduct, in computing its taxable income, all of the amount that, but for this section, would be determined under section 737.18.26; and

(b)  100/11.9 of the amount by which the balance of the corporation’s tax assistance limit for the year exceeds 8% of the amount determined under subparagraph a in respect of the corporation for the year.

For the purposes of the first paragraph, the balance of a corporation’s tax assistance limit for a taxation year is equal to the amount by which its tax assistance limit for the year, determined under section 1029.8.36.72.82.1.1, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the year under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3;

(b)  the amount of tax that would be payable by the corporation under Part IV for the year if its paid-up capital for the purposes of that Part were equal to the amount it deducted for the year under section 1138.2.3 that is multiplied, if the corporation has an establishment situated outside Québec, by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771; and

(c)  the amount that would be payable by the corporation as the contribution provided for in section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount, representing a proportion of wages paid or deemed to be paid in the year, for which no contribution is payable under the sixth paragraph of section 34 of that Act.

2010, c. 25, s. 69.

TITLE VII.2.5

Repealed, 2010, c. 25, s. 70.

2003, c. 9, s. 57; 2010, c. 25, s. 70.

CHAPTER I

Repealed, 2010, c. 25, s. 70.

2003, c. 9, s. 57; 2010, c. 25, s. 70.

737.18.27. (Repealed).

2003, c. 9, s. 57; 2010, c. 25, s. 70.

CHAPTER II

Repealed, 2010, c. 25, s. 70.

2003, c. 9, s. 57; 2010, c. 25, s. 70.

737.18.28. (Repealed).

2003, c. 9, s. 57; 2010, c. 25, s. 70.

TITLE VII.2.6 DEDUCTIONS RELATING TO A STOCK EXCHANGE OR A SECURITIES CLEARING-HOUSE

2003, c. 9, s. 57.

CHAPTER I INTERPRETATION AND GENERAL

2003, c. 9, s. 57.

737.18.29. In this Title,

“eligibility period” of an individual who is a foreign specialist for all or part of a taxation year, in relation to an employment the individual holds with a qualified corporation, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign specialist; and

(b)  the day on which that period totals five years, with reference to

i.   where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.18.29.1 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.18.34, in relation to a preceding employment, may reasonably be attributed, or 

(2)  a preceding period within the meaning of section 737.18.29.1 that is established in respect of the individual since the last time the individual became resident in Canada, other than a preceding period described in subparagraph 1;

(c)  where the individual entered into the individual’s employment contract with the qualified corporation after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“eligible activities” of a recognized business carried on by a corporation in a taxation year means the activities relating to the operations carried out in the course of carrying on the recognized business;

“exemption period” applicable to a qualified corporation means the period that begins on 1 October 2000 and that ends on 31 December 2010;

“foreign specialist” for all or part of a taxation year means an individual in respect of whom the following conditions are met:

(a)  at a particular time after 26 April 2000 but before 1 January 2011, the individual takes up employment, as an employee, with a qualified corporation under an employment contract entered into after 26 April 2000;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the qualified corporation;

(c)  the individual works exclusively or almost exclusively for the qualified corporation from the particular time to the end of the year or the part of the year;

(d)  the qualified corporation obtained, in respect of the individual, a qualification certificate issued, for the taxation year, by the Minister of Finance, after having applied therefor in writing before 1 March of the following calendar year, and that qualification certificate, that was not revoked in respect of the year or the part of the year, certifies that the employment contract provides for at least 26 hours of work per week for a minimum duration of 40 weeks; and

(e)  the qualification certificate referred to in paragraph d and, where applicable, all the unrevoked qualification certificates obtained in respect of the individual for preceding taxation years, certify that, from the particular time to the end of the year or the part of the year,

i.  the individual’s duties for the qualified corporation consist exclusively or almost exclusively in undertaking, supervising or supporting work directly related to eligible activities of a recognized business carried on by the qualified corporation, and

ii.  the individual performs the duties in an establishment of the qualified corporation, situated within the urban agglomeration of Montréal, as described in section 4 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations, where eligible activities of a recognized business carried on by the qualified corporation are carried out, or outside such an establishment, but in connection with the individual’s employment at such an establishment;

“prior loss attributable to eligible activities” of a qualified corporation for a taxation year means the amount determined by the formula

A − B;

“qualified corporation” for a taxation year means a corporation that, in the year, carries on a recognized business in Québec, carries out eligible activities of that recognized business in an establishment situated within the urban agglomeration of Montréal, as described in section 4 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), and pays to employees of an establishment situated in Québec more than 50% of the wages it pays in the year;

“recognized business” carried on by a corporation in a taxation year means a stock exchange or a securities clearing-house, recognized by the Autorité des marchés financiers as a self-regulatory organization under section 17 of the Derivatives Act (chapter I-14.01) or under the second paragraph of section 170 of the Securities Act (chapter V-1.1);

“specified period” of an individual in relation to an employment held by the individual with a qualified corporation means

(a)  where the individual entered into the individual’s employment contract with the qualified corporation after 30 March 2004, any part of the individual’s eligibility period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “eligibility period” ; and

(b)  in any other case, the individual’s eligibility period in relation to that employment;

“wages” means the income computed under Chapters I and II of Title II of Book III.

Where the qualification certificate referred to in paragraph d of the definition of “foreign specialist” in the first paragraph was not issued in respect of an individual for the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with a qualified corporation, the individual’s eligibility period in relation to that employment begins only on the first day of the first taxation year following the particular day for which such a qualification certificate was issued in respect of the individual.

In the formula provided for in the first paragraph in the definition of “prior loss attributable to eligible activities” of a qualified corporation for a particular taxation year,

(a)  A is the aggregate of all amounts each of which is the amount by which the amount determined under subparagraph b of the second paragraph of section 737.18.33, in respect of the qualified corporation, for a taxation year preceding the particular taxation year, exceeds the amount determined under subparagraph a of that second paragraph, in respect of the qualified corporation, for the preceding taxation year; and

(b)  B is the aggregate of all amounts each of which is the amount that reduced, because of C in the formula provided for in the first paragraph of section 737.18.33, the amount otherwise deductible by the qualified corporation, under that section, for a taxation year preceding the particular taxation year.

For the purposes of the definition of “qualified corporation” in the first paragraph and for the purpose of determining the proportion of the wages of the corporation’s employees that a corporation pays in a taxation year to employees of an establishment situated in Québec, the following rules apply:

(a)  an amount paid by the corporation to a person in the year under an agreement for services that would normally be rendered by the employees of the corporation is deemed to be wages paid to such an employee of the establishment of the corporation to which such services are reasonably attributable and to the extent that they are so attributable, except where a commission is paid to a person who is not an employee of the corporation; and

(b)  where an employee renders a service to or on behalf of a corporation that is not the employer of the employee, an amount that may reasonably be considered to be the wages earned by the employee for the rendering of the service is deemed, for the taxation year during which the wages are so paid to the employee, to be wages paid by the corporation for the service to an employee of an establishment of the corporation to which such service is reasonably attributable, to the extent that it is so attributable, and the employee is deemed to be an employee of the corporation, where the amount is not otherwise included in the aggregate of the wages paid by the corporation that are determined for the purposes of this Title and the service rendered by the employee is

i.  performed by the employee in the normal course of the employee’s duties for the employer,

ii.  rendered to or on behalf of the corporation as part of the regular, ongoing activities of carrying on a business by the corporation, and

iii.  of the same type as services rendered by employees of entities carrying on the same type of business as the business referred to in subparagraph ii.

2003, c. 9, s. 57; 2004, c. 21, s. 148; 2004, c. 37, s. 90; 2005, c. 38, s. 100; 2006, c. 13, s. 56; 2009, c. 58, s. 87; 2010, c. 25, s. 71.

737.18.29.1. For the purpose of establishing the eligibility period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “eligibility period” in the first paragraph of section 737.18.29 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may reasonably be attributed.

2004, c. 21, s. 149.

737.18.29.2. If, in a taxation year, an individual is absent from an employment the individual holds with a qualified corporation and, were it not for that absence, would be a foreign specialist for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider that part of the year to be included in the individual’s eligibility period in relation to the employment if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign specialist for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 84.

737.18.30. For the purposes of the definition of “foreign specialist” in the first paragraph of section 737.18.29, an individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with a qualified corporation if

(a)  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2; or

(b)  the individual would meet the condition set out in paragraph a if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2003, c. 9, s. 57; 2004, c. 21, s. 150.

737.18.30.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with a qualified corporation at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the qualified corporation on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign specialist working for the qualified corporation if the definition of “foreign specialist” in the first paragraph of section 737.18.29 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in paragraph c and the portion of paragraph e before subparagraph i replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with a qualified corporation at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the qualified corporation after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign specialist working for the qualified corporation if paragraph c of the definition of “foreign specialist” in the first paragraph of section 737.18.29 and the portion of subparagraph e of that definition before subparagraph i, were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the qualified corporation at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no eligibility period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 151.

737.18.30.2. For the purposes of this Title, the employment contract that an individual entered into with a qualified corporation, in this section referred to as the “original contract”, or a deemed contract within the meaning of subparagraph a of the third paragraph, is deemed to end at the time when the individual ceases to be a foreign specialist.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with a qualified corporation, the employment contract the individual entered into with that corporation, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign specialist if this section were read without reference to the first and second paragraphs and paragraph c of the definition of “foreign specialist” in the first paragraph of section 737.18.29 and the portion of paragraph e of that definition before subparagraph i were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the qualified corporation, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the qualified corporation at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the qualified corporation;

(b)  has no eligibility period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.18.34, or could so deduct such an amount if the qualified corporation had not failed to apply, in respect of the individual, for the qualification certificate referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.18.29, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 151; 2005, c. 38, s. 101.

737.18.30.3. For the purposes of this Title, the contract resulting from the renewal, after 12  June 2003, of an employment contract referred to in the definition of “foreign specialist” in the first paragraph of section 737.18.29 is deemed not to be an employment contract separate from the employment contract referred to in that definition.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.18.30.2.

2004, c. 21, s. 151.

737.18.31. For the purpose of determining, for the purposes of this Title, the income or loss of a qualified corporation for a taxation year from the eligible activities of a recognized business it carries on, the income or loss shall be computed as if

(a)  the eligible activities were the carrying on of a separate business; and

(b)  the qualified corporation were deducting in computing its income for the taxation year and had deducted in computing its income for any preceding taxation year, in relation to the separate business, the maximum amount in respect of any reserve, allowance or other amount.

2003, c. 9, s. 57.

737.18.32. If, at a particular time included in a specified period of an individual in relation to an employment held by the individual with a qualified corporation, in this section referred to as the “initial specified period”, the individual, who was a foreign specialist for all or part of the taxation year that includes the particular time, acquired a right to a security under an agreement referred to in section 48 and, at a later time after the end of the initial specified period, the individual is deemed to receive a benefit in a particular taxation year because of the application of any of sections 49 and 50 to 52.1 in respect of the security, or the transfer or any other disposition of the rights under the agreement, the following rules apply:

(a)  for the purposes of the first paragraph of section 737.18.34, the individual is deemed, for a part of the particular taxation year that includes the later time, to be a foreign specialist who holds that employment with the qualified corporation;

(b)  for the purpose of applying the first and second paragraphs of section 737.18.34 in respect of the amount of the benefit included by the individual in computing the individual’s income for the particular taxation year, the later time is deemed to be a specified period of the individual in relation to that employment and that specified period is deemed to be included in the year of the period described in paragraph c of the definition of “eligibility period” in the first paragraph of section 737.18.29 in which the initial specified period is itself included;

(b.1)  for the purpose of applying paragraphs a and b of section 737.18.35 in respect of the amount of the benefit included by the individual in computing the individual’s income for the particular taxation year, the later time is deemed to be an eligibility period of the individual in relation to that employment; and

(c)  the fourth paragraph of section 737.18.34 shall be read with “for the year” in subparagraph a replaced by “for the taxation year that includes the particular time referred to in the portion of section 737.18.32 before paragraph a” and without reference to subparagraph b thereof.

2003, c. 9, s. 57; 2004, c. 21, s. 152; 2005, c. 38, s. 102.

CHAPTER II DEDUCTIONS

2003, c. 9, s. 57.

737.18.33. A qualified corporation for a taxation year that encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, may deduct in computing its taxable income for the year, an amount not exceeding 75% of the part of its income for the year that may reasonably be considered to be equal to the amount determined by the formula

(A − B) − C.

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s income for the year from the eligible activities of a recognized business it carries on by the proportion that the number of days in the year that are in the exemption period applicable to the qualified corporation is of the number of days in the year;

(b)  B is the aggregate of all amounts each of which is the amount obtained by multiplying the qualified corporation’s loss for the year from the eligible activities of a recognized business it carries on by the proportion that the number of days in the year that are in the exemption period applicable to the qualified corporation is of the number of days in the year; and

(c)  C is the prior loss attributable to eligible activities of the qualified corporation for the year.

2003, c. 9, s. 57; 2004, c. 21, s. 153.

737.18.34. Subject to the fourth paragraph, an individual who, for all or part of a taxation year, is a foreign specialist holding employment with a qualified corporation, may deduct, in computing the individual’s taxable income for the year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × B.

In the formula provided for in the first paragraph,

(a)  A is

i.  if the individual entered into the individual’s employment contract with the qualified corporation between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the individual entered into the individual’s employment contract with the qualified corporation after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “eligibility period” in the first paragraph of section 737.18.29,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  37.5%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%; and

(b)  B is the portion of the individual’s income for the year that may reasonably be considered to be realized in the part of the individual’s specified period that is included in the year.

For the purposes of subparagraph b of the second paragraph, the following rules apply:

(a)  if the individual is a member of a partnership in a taxation year, the individual’s share of the income or loss of the partnership for a fiscal period that ended in the year must be considered to be earned or sustained during the part of the year referred to in that subparagraph b if the fiscal period ends in that part of the year, and to be earned or sustained during another part of the year if the fiscal period ends in that other part of the year; and

(b)  if the individual includes an amount in computing the individual’s income for a taxation year under section 313.11, the amount must be considered to be income earned by the individual on the last day of that year.

An individual may deduct an amount under the first paragraph, in computing the individual’s taxable income for a taxation year only if the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the qualification certificate that

(a)  has been issued to the qualified corporation for the year in respect of the individual;

(b)  has not been revoked in respect of all or part of the year for which the individual is a foreign specialist; and

(c)  is referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.18.29.

2003, c. 9, s. 57; 2004, c. 21, s. 154; 2005, c. 38, s. 103; 2009, c. 5, s. 257.

CHAPTER III COMPUTATION OF TAXABLE INCOME

2003, c. 9, s. 57.

737.18.35. For the purpose of computing the taxable income of an individual referred to in section 737.18.34 for a taxation year, the following rules apply:

(a)  for the purpose of computing the deduction under section 725.2, the amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and that the individual has included in computing income for the year, shall not include the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s eligibility period in relation to an employment that is included in the year;

(b)  for the purpose of computing the deduction under section 725.3, the amount that is the benefit the individual is deemed to receive in the year under section 49, as a consequence of the application of section 49.2, in respect of a share acquired by the individual after 22 May 1985 and that the individual has included in computing income for the year, shall not include the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s eligibility period in relation to an employment that is included in the year;

(c)  for the purpose of computing the deduction under section 725.4, the individual shall subtract from the amount included by the individual under paragraph b of section 218 in computing income for the year in respect of a share the individual has received after 22 May 1985, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods in relation to an employment that is included in the year, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period;

(d)  for the purpose of computing the deduction under section 725.5, the individual shall subtract from the amount included by the individual under section 888.1 in computing income for the year, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods in relation to an employment that is included in the year, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period;

(e)  for the purpose of computing the deduction under section 725, the individual shall subtract from the amount included by the individual in computing income for the year, and that is an amount described in any of the paragraphs of that section, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods in relation to an employment that is included in the year, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period;

(f)  for the purpose of computing the deduction under section 725.1.2, the individual shall subtract from the amount included by the individual in computing income for the year, and that is an amount described in the second paragraph of that section, the product obtained by multiplying the portion of such an amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of any of the individual’s specified periods in relation to an employment that is included in the year, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period;

(g)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period; and

(h)  any capital gain realized during any of the individual’s specified periods, in relation to an employment, or any capital loss, including any allowable business investment loss, for such a period is, for the purposes of Titles VI.5 and VI.5.1, deemed to be equal to the product obtained by multiplying the capital gain or capital loss by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period.

2003, c. 9, s. 57; 2004, c. 21, s. 155; 2005, c. 38, s. 104.

TITLE VII.3 DEDUCTION IN RESPECT OF A FOREIGN RESEARCHER

1988, c. 4, s. 58.

CHAPTER I INTERPRETATION AND GENERAL

1988, c. 4, s. 58; 2005, c. 38, s. 105.

737.19. In this Title,

“eligible employer” means a person or partnership who or which carries on a business in Canada, undertakes or causes to be undertaken, on the person’s or the partnership’s behalf in Québec, scientific research and experimental development related to a business of the person or partnership and who or which is not

(a)  a person exempt from tax under section 984 or 985 or that would be exempt from tax under section 985 but for section 192, or

(b)  an eligible university entity within the meaning of paragraph f of section 1029.8.1;

“eligible income”, for a taxation year, of an individual who is a foreign researcher at any time, in relation to an employment the individual holds with an eligible employer, means the aggregate of all amounts paid as wages in the year by that employer to undertake scientific research and experimental development in Québec that may reasonably be attributed to the individual’s research activity period in relation to that employment;

“foreign researcher” for all or part of a taxation year, means an individual in respect of whom the following conditions are met:

(a)  at a particular time, the individual takes up employment, as an employee, with an eligible employer under an employment contract entered into with that employer;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the eligible employer;

(c)  from the particular time to the end of the year or the part of the year,

i.  the individual works exclusively or almost exclusively for the eligible employer, and

ii.  the individual’s duties for the eligible employer consist exclusively or almost exclusively in carrying on, as an employee, scientific research and experimental development that cannot reasonably be considered to be scientific research and experimental development activities carried on in an eligible university entity within the meaning of paragraph f of section 1029.8.1 or an eligible public research centre within the meaning of paragraph a.1 of that section; and

(d)  the eligible employer obtained in respect of the individual from the Minister of Economic Development, Innovation and Export Trade, after having applied therefor in writing before 1 March of the calendar year following the taxation year, a certificate, that has not been revoked, certifying that the individual is specialized in the field of pure or applied science or a related field and holds, or possesses knowledge equivalent to the knowledge acquired by the holder of, a Master’s degree recognized by a Québec university in such a field;

“research activity period” of an individual who is a foreign researcher for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign researcher; and

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.19.2 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.21, in relation to a preceding employment, may reasonably be attributed, or

(2)  a preceding period within the meaning of section 737.19.2 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1;

(c)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“specified period” of an individual in relation to an employment held by the individual with an eligible employer means

(a)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, any part of the individual’s research activity period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “research activity period” ; and

(b)  in any other case, the individual’s research activity period in relation to that employment;

“wages” means the income computed under Chapters I and II of Title II of Book III.

Where an individual is not a foreign researcher for any part of the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with an eligible employer because the certificate referred to in the definition of “foreign researcher” in the first paragraph was not obtained in respect of the individual, the individual’s research activity period in relation to that employment begins only on the first day of the first taxation year following the particular day for all or part of which the individual is a foreign researcher.

For the purposes of the definition of “eligible income” in the first paragraph, any benefit that an individual is deemed to receive, in a particular taxation year, in connection with an employment the individual holds with an eligible employer, because of the application of any of sections 49 and 50 to 52.1, is considered to be included in the amounts that are paid to the individual as wages in the year by that employer.

1988, c. 4, s. 58; 1989, c. 5, s. 98; 1990, c. 7, s. 58; 1992, c. 1, s. 52; 1995, c. 1, s. 68; 1997, c. 3, s. 71; 1997, c. 14, s. 107; 1997, c. 31, s. 75; 1999, c. 8, s. 25; 1999, c. 83, s. 81; 1999, c. 86, s. 99; 2000, c. 5, s. 160; 2000, c. 39, s. 50; 2002, c. 40, s. 61; 2003, c. 29, s. 137; 2004, c. 21, s. 156; 2005, c. 38, s. 106; 2006, c. 8, s. 31.

737.19.1. In determining, for the purposes of this Title, whether work undertaken by or on behalf of a partnership constitutes scientific research and experimental development, the references in subsection 3 of section 222 to “taxpayer” shall be read as references to “partnership”.

2000, c. 5, s. 161.

737.19.2. For the purpose of establishing the research activity period of an individual in relation to an employment, a period preceding the period to which subparagraph i of paragraph b of the definition of “research activity period” in the first paragraph of section 737.19 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a particular period referred to in the second paragraph to which an amount referred to in the third paragraph may reasonably be attributed.

The particular period to which the first paragraph refers is a period that precedes the research activity period and is established in respect of the individual under any of sections 737.18.6, 737.18.29, 737.19, 737.22.0.0.1, 737.22.0.0.5, 737.22.0.1 and 737.22.0.5, or section 69 of the Act respecting international financial centres (chapter C-8.3), or regulations made under the first paragraph of section 737.16, as they read for a taxation year beginning on or before 20 December 1999.

The amount to which the first paragraph refers is an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of sections 737.16, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3 and 737.22.0.7.

2004, c. 21, s. 157.

737.19.3. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign researcher for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider the remuneration paid by the eligible employer to the individual for that part of the year to be included in the individual’s eligible income for the year in relation to the employment, that the eligible employer certifies in prescribed manner, if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign researcher for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 85.

737.20. For the application of the definition of “foreign researcher” in the first paragraph of section 737.19 to an individual who is resident in Canada immediately before entering into an employment contract with an eligible employer and immediately before taking up employment, as an employee, with that employer, the following rules apply:

(a)  the individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with the eligible employer if

i.  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, or

ii.  the individual would meet the condition set out in subparagraph i if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of sections 737.18.6, 737.18.29, 737.19, 737.22.0.0.1, 737.22.0.0.5, 737.22.0.1 and 737.22.0.5, in section 19 of the Act respecting international financial centres (chapter C-8.3) or in section 737.15, as it read before being repealed; and

(b)  a certificate referred to in paragraph d of the definition of “foreign researcher” in the first paragraph of section 737.19 that has been issued in respect of the individual, in relation to a preceding employment contract entered into with any eligible employer, is deemed to be issued to the eligible employer, in relation to an employment contract, if it has not been revoked.

1988, c. 4, s. 58; 1997, c. 3, s. 71; 1997, c. 31, s. 76; 2000, c. 39, s. 51; 2002, c. 40, s. 62; 2004, c. 21, s. 158.

737.20.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign researcher working for the eligible employer if the definition of “foreign researcher” in the first paragraph of section 737.19 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in the portion of paragraph c before subparagraph i replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign researcher working for the eligible employer if the portion of paragraph c of the definition of “foreign researcher” in the first paragraph of section 737.19 before subparagraph i were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no research activity period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 159.

737.20.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract, is deemed to end at the time when the individual ceases to be a foreign researcher.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign researcher if this section were read without reference to the first and second paragraphs and the portion of paragraph c of the definition of “foreign researcher” in the first paragraph of section 737.19 before subparagraph i were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no research activity period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.21, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in the definition of “foreign researcher” in section 737.19, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 159; 2005, c. 38, s. 107.

737.20.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign researcher” in the first paragraph of section 737.19 is deemed not to be an employment contract separate from the employment contract referred to in that definition.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.20.2.

2004, c. 21, s. 159.

CHAPTER II DEDUCTION

1988, c. 4, s. 58.

737.21. An individual who, at any time, holds employment as a foreign researcher with an eligible employer may deduct, in computing the individual’s taxable income for a taxation year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is

i.  if the individual entered into the individual’s employment contract with the eligible employer between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “research activity period” in the first paragraph of section 737.19,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  25%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%;

(b)  B is the portion of the individual’s eligible income for the year, in relation to that employment, that is certified by the eligible employer in prescribed manner and that may reasonably be attributed to that specified period of the individual; and

(c)  C is the aggregate of all amounts that the individual may deduct in computing the individual’s income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to the individual’s employment as a foreign researcher during that specified period of the individual.

1988, c. 4, s. 58; 2004, c. 21, s. 160; 2005, c. 38, s. 108.

CHAPTER III COMPUTATION OF TAXABLE INCOME

1988, c. 4, s. 58.

737.22. For the purpose of computing the taxable income of an individual referred to in section 737.21 for a taxation year, the following rules apply:

(a)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil;

(c)  where the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.21 in respect of that period;

(d)  where the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.21 in respect of that period; and

(e)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.21 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.21 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.21 in respect of that period.

1988, c. 4, s. 58; 1988, c. 18, s. 66; 1991, c. 25, s. 88; 1992, c. 1, s. 53; 1993, c. 16, s. 278; 1993, c. 19, s. 49; 1997, c. 3, s. 71; 1997, c. 85, s. 115; 1999, c. 83, s. 82; 2001, c. 53, s. 105; 2003, c. 9, s. 58; 2004, c. 21, s. 161; 2005, c. 38, s. 109.

TITLE VII.3.0.1 DEDUCTION IN RESPECT OF A FOREIGN RESEARCHER ON A POSTDOCTORAL INTERNSHIP

1999, c. 83, s. 83.

CHAPTER I INTERPRETATION AND GENERAL

1999, c. 83, s. 83; 2005, c. 38, s. 110.

737.22.0.0.1. In this Title,

“eligible employer” means an eligible public research centre within the meaning of paragraph a.1 of section 1029.8.1 or an eligible university entity within the meaning of paragraph f of that section;

“eligible income”, for a taxation year, of an individual who is a foreign researcher on a postdoctoral internship at any time, in relation to an employment the individual holds with an eligible employer, means the aggregate of all amounts paid as wages in the year by that employer and that may reasonably be attributed to the individual’s research activity period in relation to that employment;

“foreign researcher on a postdoctoral internship” for all or part of a taxation year, means an individual in respect of whom the following conditions are met:

(a)  at a particular time after 31 March 1998, the individual takes up employment, as an employee, with an eligible employer under an employment contract entered into with that employer after that date;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the eligible employer;

(c)  from the particular time to the end of the year or the part of the year,

i.   the individual works exclusively or almost exclusively for the eligible employer, and

ii.  the individual’s duties for the eligible employer consist exclusively or almost exclusively in carrying on, as an employee, scientific research and experimental development;

(d)  the eligible employer obtained, in respect of the individual, a certificate, for the taxation year, issued by the Minister of Education, Recreation and Sports, after having applied therefor in writing before 1 March of the following calendar year, and that certificate, that has not been revoked in respect of the year or the part of the year, certifies that the individual is specialized in the field of pure or applied science or a related field and holds a doctoral degree; and

(e)  the certificate referred to in paragraph d and, where applicable, all the unrevoked certificates obtained in respect of the individual for preceding taxation years, also certify that, from the particular time to the end of the year or the part of the year, the individual performed, exclusively or almost exclusively, the individual’s duties as a researcher in connection with a postdoctoral internship for the employer;

“research activity period” of an individual who is a foreign researcher on a postdoctoral internship for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign researcher on a postdoctoral internship; and

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.22.0.0.1.1 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.22.0.0.3, in relation to a preceding employment, may reasonably be attributed, or

(2)  a preceding period within the meaning of section 737.22.0.0.1.1 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1;

(c)  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“specified period” of an individual in relation to an employment held by the individual with an eligible employer means

(a)  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, any part of the individual’s research activity period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “research activity period” ; and

(b)  in any other case, the individual’s research activity period in relation to that employment;

“wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

Where the certificate referred to in paragraph d of the definition of “foreign researcher on a postdoctoral internship” in the first paragraph was not issued in respect of an individual for the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with an eligible employer, the individual’s research activity period in relation to that employment begins only on the first day of the first taxation year following the particular day for which such a certificate was issued in respect of the individual.

1999, c. 83, s. 83; 2000, c. 39, s. 52; 2004, c. 21, s. 162; 2005, c. 28, s. 195; 2005, c. 38, s. 111.

737.22.0.0.1.1. For the purpose of establishing the research activity period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “research activity period” in the first paragraph of section 737.22.0.0.1 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may reasonably be attributed.

2004, c. 21, s. 163.

737.22.0.0.1.2. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign researcher on a postdoctoral internship for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider the remuneration paid by the eligible employer to the individual for that part of the year to be included in the individual’s eligible income for the year in relation to the employment, if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign researcher on a postdoctoral internship for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 86.

737.22.0.0.2. For the purposes of the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1, an individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with an eligible employer if

(a)  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2; or

(b)  the individual would meet the condition set out in paragraph a if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

1999, c. 83, s. 83; 2004, c. 21, s. 164.

737.22.0.0.2.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign researcher on a postdoctoral internship working for the eligible employer if the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in the portion of paragraph c before subparagraph i and paragraph e replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign researcher on a postdoctoral internship working for the eligible employer if the portion of paragraph c of the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1 before subparagraph i and paragraph e of that definition were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no research activity period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 165.

737.22.0.0.2.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract, is deemed to end at the time when the individual ceases to be a foreign researcher on a postdoctoral internship.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign researcher on a postdoctoral internship if this section were read without reference to the first and second paragraphs and the portion of paragraph c of the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1 before subparagraph i and paragraph e of that definition were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no research activity period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.22.0.0.3, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in the definition of “foreign researcher on a postdoctoral internship” in section 737.22.0.0.1, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 165; 2005, c. 38, s. 112.

737.22.0.0.2.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1 is deemed not to be an employment contract separate from the employment contract referred to in that definition.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.22.0.0.2.2.

2004, c. 21, s. 165.

CHAPTER II DEDUCTION

1999, c. 83, s. 83.

737.22.0.0.3. An individual who, at any time, holds employment as a foreign researcher on a postdoctoral internship with an eligible employer may deduct, in computing the individual’s taxable income for a taxation year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is

i.  if the individual entered into the individual’s employment contract with the eligible employer between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “research activity period” in the first paragraph of section 737.22.0.0.1,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  25%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%;

(b)  B is the portion of the individual’s eligible income for the year, in relation to that employment, that is certified by the eligible employer in prescribed manner and that may reasonably be attributed to that specified period of the individual; and

(c)  C is the aggregate of all amounts that the individual may deduct in computing the individual’s income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to the individual’s employment as a foreign researcher on a postdoctoral internship during that specified period of the individual.

1999, c. 83, s. 83; 2004, c. 21, s. 166; 2005, c. 38, s. 113.

CHAPTER III COMPUTATION OF TAXABLE INCOME

1999, c. 83, s. 83.

737.22.0.0.4. For the purpose of computing the taxable income of an individual referred to in section 737.22.0.0.3 for a taxation year, the following rules apply:

(a)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil;

(c)  where the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.3 in respect of that period;

(d)  where the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.3 in respect of that period; and

(e)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.3 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.3 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.3 in respect of that period.

1999, c. 83, s. 83; 2001, c. 53, s. 106; 2003, c. 9, s. 59; 2004, c. 21, s. 167; 2005, c. 38, s. 114.

TITLE VII.3.0.2 DEDUCTION IN RESPECT OF FOREIGN EXPERTS

CHAPTER I INTERPRETATION AND GENERAL

2000, c. 39, s. 53; 2005, c. 38, s. 115.

737.22.0.0.5. In this Title,

“eligible activity period” of an individual who is a foreign expert for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and that ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign expert;

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.22.0.0.5.1 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.22.0.0.7, in relation to a preceding employment, may reasonably be attributed, or

(2)  a preceding period within the meaning of section 737.22.0.0.5.1 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1; and

(c)  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“eligible employer” means a person or a partnership who or which carries on a business in Canada, but does not include a person mentioned in section 984 or 985 or an eligible university entity within the meaning of paragraph f of section 1029.8.1, for the period in which the person or partnership undertakes or causes to be undertaken on the person’s or partnership’s behalf in Québec, as part of a project, scientific research and experimental development related to a business of the person or partnership and for the periods that precede and follow the carrying out of the project;

“eligible income”, for a taxation year, of an individual who is a foreign expert at any time, in relation to an employment the individual holds with an eligible employer, means the aggregate of all amounts paid as wages in the year by that employer and that may reasonably be attributed to the foreign expert’s eligible activity period in relation to that employment;

“foreign expert” for all or part of a taxation year means an individual in respect of whom the following conditions are met:

(a)  at a particular time after 9 March 1999, the individual takes up employment, as an employee, with an eligible employer under an employment contract entered into with the eligible employer after that date;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the eligible employer;

(c)  from the particular time to the end of the year or the part of the year,

i.  the individual works exclusively or almost exclusively for the eligible employer, and

ii.  the individual performs duties as an employee of the eligible employer exclusively or almost exclusively as part of a scientific research and experimental development project, whether before, during or after the carrying out of the project; and

(d)  the eligible employer obtained in respect of the individual from the Minister of Economic Development, Innovation and Export Trade, after having applied therefor in writing before 1 March of the calendar year following the taxation year, a certificate, that has not been revoked, certifying that the individual is specialized in the management or financing of innovative activities or in the foreign marketing or the transfer of advanced technologies;

“specified period” of an individual in relation to an employment held by the individual with an eligible employer means

(a)  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, any part of the individual’s eligible activity period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “eligible activity period” ; and

(b)  in any other case, the individual’s eligible activity period in relation to that employment;

“wages” means the income computed under Chapters I and II of Title II of Book III.

Where an individual is not a foreign expert for any part of the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with an eligible employer, because the certificate referred to in the definition of “foreign expert” in the first paragraph was not obtained in respect of the individual, the individual’s eligible activity period in relation to that employment begins only on the first day of the first taxation year following the particular day for all or part of which the individual is a foreign expert.

For the purposes of the definition of “eligible income” in the first paragraph, any benefit that an individual is deemed to receive, in a particular taxation year, in connection with an employment held by the individual with an eligible employer, because of the application of any of sections 49 and 50 to 52.1, is considered to be included in the amounts that are paid to the individual as wages in the year by that employer.

2000, c. 39, s. 53; 2002, c. 9, s. 14; 2003, c. 29, s. 137; 2004, c. 21, s. 168; 2005, c. 38, s. 116; 2006, c. 8, s. 31.

737.22.0.0.5.1. For the purpose of establishing the eligible activity period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “eligible activity period” in the first paragraph of section 737.22.0.0.5 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may reasonably be attributed.

2004, c. 21, s. 169.

737.22.0.0.5.2. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign expert for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider the remuneration paid by the eligible employer to the individual for that part of the year to be included in the individual’s eligible income for the year in relation to the employment, that the eligible employer certifies in prescribed manner, if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign expert for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 87.

737.22.0.0.6. For the application of the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5, to an individual who is resident in Canada immediately before entering into an employment contract with an eligible employer and immediately before taking up employment, as an employee, with that employer, the following rules apply:

(a)  the individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with the eligible employer if

i.  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, or

ii.  the individual would meet the condition set out in subparagraph i if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20; and

(b)  a certificate referred to in paragraph d of the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5 that has been issued in respect of the individual, in relation to a preceding employment contract entered into with any eligible employer, is deemed issued to the eligible employer in relation to the employment contract, if it has not been revoked.

2000, c. 39, s. 53; 2002, c. 9, s. 15; 2002, c. 40, s. 63; 2004, c. 21, s. 170.

737.22.0.0.6.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign expert working for the eligible employer if the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in the portion of paragraph c before subparagraph i replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign expert working for the eligible employer if the portion of paragraph c of the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5 before subparagraph i were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no eligible activity period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 171.

737.22.0.0.6.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract, is deemed to end at the time when the individual ceases to be a foreign expert.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign expert if this section were read without reference to the first and second paragraphs and the portion of paragraph c of the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5 before subparagraph i were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no eligible activity period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.22.0.0.7, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in the definition of “foreign expert” in section 737.22.0.0.5, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 171; 2005, c. 38, s. 117.

737.22.0.0.6.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign expert” in the first paragraph of section 737.22.0.0.5 is deemed not to be an employment contract separate from the employment contract referred to in that definition.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.22.0.0.6.2.

2004, c. 21, s. 171.

CHAPTER II DEDUCTION

2000, c. 39, s. 53.

737.22.0.0.7. An individual who, at any time, holds employment as a foreign expert with an eligible employer may deduct, in computing the individual’s taxable income for a taxation year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is

i.  if the individual entered into the individual’s employment contract with the eligible employer between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “eligible activity period” in the first paragraph of section 737.22.0.0.5,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  25%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%;

(b)  B is the portion of the individual’s eligible income for the year, in relation to that employment, that is certified by the eligible employer in prescribed manner and that may reasonably be attributed to that specified period of the individual; and

(c)  C is the aggregate of all amounts that the individual may deduct in computing the individual’s income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to the individual’s employment as a foreign expert during that specified period of the individual.

2000, c. 39, s. 53; 2004, c. 21, s. 172; 2005, c. 38, s. 118.

CHAPTER III COMPUTATION OF TAXABLE INCOME

2000, c. 39, s. 53.

737.22.0.0.8. For the purpose of computing the taxable income of an individual referred to in section 737.22.0.0.7 for a taxation year, the following rules apply:

(a)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil; 

(c)  where the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.7 in respect of that period;

(d)  where the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.7 in respect of that period; and

(e)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.7 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.7 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.0.7 in respect of that period.

2000, c. 39, s. 53; 2001, c. 53, s. 107; 2003, c. 9, s. 60; 2004, c. 21, s. 173; 2005, c. 38, s. 119.

TITLE VII.3.1 DEDUCTION IN RESPECT OF A FOREIGN SPECIALIST

1997, c. 85, s. 116; 2000, c. 39, s. 54.

CHAPTER I INTERPRETATION AND GENERAL

1997, c. 85, s. 116; 2005, c. 38, s. 120.

737.22.0.1. In this Title,

“biotechnology development centre” has the meaning assigned by the first paragraph of section 771.1;

“eligible activity” of an eligible employer for a taxation year means

(a)  an eligible activity of the eligible employer for that year within the meaning of

i.  the first paragraph of section 1029.8.36.0.3.28, as it read for the year, where the eligible employer is a corporation referred to in paragraph b of the definition of “eligible employer”,

ii.  the first paragraph of section 1029.8.36.0.3.38, as it read for the year, where the eligible employer is a corporation referred to in paragraph c of the definition of “eligible employer”, or

iii.  the first paragraph of section 1029.8.36.0.3.46, where the eligible employer is a corporation referred to in paragraph e of the definition of “eligible employer” ;

(b)  a specified activity of the eligible employer for the year within the meaning of section 1029.8.36.0.17, where the eligible employer is a corporation referred to in paragraph d or f of the definition of “eligible employer” ;

(c)  an activity of a recognized business of the eligible employer for that year within the meaning of

i.  the first paragraph of section 1029.8.36.0.3.60, where the eligible employer is a corporation referred to in paragraph g of the definition of “eligible employer”, or

ii.  the first paragraph of section 1029.8.36.72.83, where the eligible employer is a corporation referred to in paragraph h of the definition of “eligible employer” ; or

(d)  an activity of a recognized business of the eligible employer for that year within the meaning of the first paragraph of section 1029.8.36.72.56 that is a recognized business described

i.  in paragraph a of the definition of “recognized business” in that first paragraph, if the eligible employer is a corporation described in paragraph i of the definition of “eligible employer”, or

ii.  in paragraph b of the definition of “recognized business” in that first paragraph, if the eligible employer is a corporation described in paragraph j of the definition of “eligible employer” ;

“eligible employer” for a taxation year means

(a)  a corporation that would be an exempt corporation within the meaning of sections 771.12 and 771.13 for that year if section 771.12 were read without reference to paragraph e and paragraph d were replaced by the following paragraph:

“(d) the year is comprised in whole or in part in the corporation’s eligibility period within the meaning assigned by section 1029.8.36.0.17, without reference to the sixth paragraph, if the definition of “eligibility period” in the first paragraph of that section applies for the purpose of determining the amount referred to in paragraph a of that definition.”;

(b)  where the taxation year of the corporation begins before 21 December 2001, a qualified corporation within the meaning of the first paragraph of section 1029.8.36.0.3.28, as it read for that taxation year, that holds an unrevoked certificate issued by Investissement Québec for the purposes of Division II.6.0.1.4 of Chapter III.1 of Title III of Book IX, as it read before being repealed, certifying that an eligible activity is carried on by the qualified corporation for that year;

(c)  where the taxation year of the corporation begins before 21 December 2001, a qualified corporation within the meaning of the first paragraph of section 1029.8.36.0.3.38, as it read for that taxation year, that holds an unrevoked certificate issued by Investissement Québec for the purposes of Division II.6.0.1.5 of Chapter III.1 of Title III of Book IX, as it read before being repealed, certifying that an eligible activity is carried on by the qualified corporation for that year;

(d)  a corporation that is

i.  where this paragraph applies after 29 March 2001, a specified corporation for the year within the meaning of the first paragraph of section 1029.8.36.0.17, other than a corporation that carries on or may carry on its business in a biotechnology development centre, and

ii.  in any other case, a specified corporation within the meaning of the first paragraph of section 1029.8.36.0.17 that is not a corporation referred to in paragraph a for the year and that holds an unrevoked certificate issued by Investissement Québec for the purposes of Division II.6.0.3 of Chapter III.1 of Title III of Book IX, certifying that the specified corporation carries out or may carry out in that year a specified activity in a building housing all or any part of a new economy centre;

(e)  a qualified corporation within the meaning of the first paragraph of section 1029.8.36.0.3.46 that holds a valid qualification certificate issued by the Minister of Finance for the purposes of Division II.6.0.1.6 of Chapter III.1 of Title III of Book IX;

(f)  a specified corporation for the year within the meaning of section 1029.8.36.0.17 that carries on or may carry on its business in a biotechnology development centre;

(g)  a qualified corporation, for the calendar year ending in the taxation year, within the meaning of the first paragraph of section 1029.8.36.0.3.60 that, in that taxation year, carries on a recognized business within the meaning of that paragraph;

(h)  a qualified corporation, for the calendar year ending in the taxation year, within the meaning of the first paragraph of section 1029.8.36.72.83 that, in that taxation year, carries on a recognized business within the meaning of that paragraph;

(i)  a qualified corporation, for the calendar year ending in the taxation year, within the meaning of the first paragraph of section 1029.8.36.72.56 that, in the taxation year, carries on a recognized business, within the meaning of that paragraph, that is described in paragraph a of the definition of “recognized business” in that first paragraph; or

(j)  a qualified corporation, for the calendar year ending in the taxation year, within the meaning of the first paragraph of section 1029.8.36.72.56 that, in the taxation year, carries on a recognized business, within the meaning of that paragraph, that is described in paragraph b of the definition of “recognized business” in that first paragraph;

“eligible income”, for a taxation year, of an individual who is a foreign specialist at any time, in relation to an employment the individual holds with an eligible employer, means the aggregate of all amounts paid as wages in the year by that employer and that may reasonably be attributed to the foreign specialist’s specialized activity period in relation to that employment;

“foreign specialist” for all or part of a taxation year means an individual in respect of whom the following conditions are met:

(a)  at a particular time the individual takes up employment, as an employee, with an eligible employer under an employment contract they have entered into in the hiring period of the eligible employer;

(a.1)  the individual took up employment, as an employee, with the eligible employer before 2 September 2003, except if the eligible employer was, at the time the individual took up employment, a corporation referred to in subparagraph iii of paragraph a of section 771.12 or, where the employment contract was entered into after 30 March 2004, a corporation referred to in paragraph f of the definition of “eligible employer” ;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the eligible employer;

(c)  the individual works exclusively or almost exclusively for the eligible employer from the particular time to the end of the year or the part of the year;

(d)  the eligible employer obtained in respect of the individual a certificate issued, for the taxation year, by Investissement Québec, after having made the application therefor in writing before 1 March of the following calendar year, and the certificate, that has not been revoked in respect of the year or the part of the year, and, where applicable, all the unrevoked certificates that were obtained in respect of the individual for preceding taxation years, certify that, from the particular time to the end of the year or the part of the year, the individual’s duties as an employee of the eligible employer consist exclusively or almost exclusively in carrying on

i.  training activities,

ii.  research and development,

iii.  specialized tasks with respect to innovation management, marketing, transfer of technologies or innovation financing,

iii.1.  where the eligible employer is a corporation referred to in any of paragraphs e, g and h of the definition of “eligible employer”, development and operation of technological systems or infrastructures,

iii.2.  where the eligible employer is a corporation referred to in subparagraph iii of paragraph a of section 771.12 or in any of paragraphs f, i and j of the definition of “eligible employer”, another activity in connection with biotechnology, or

iv.  any combination of the activities referred to in subparagraphs i to iii and

(1)  in subparagraph iii.1, where the eligible employer is a corporation referred to in any of paragraphs e, g and h of the definition of “eligible employer”, or

(2)  in subparagraph iii.2, where the eligible employer is a corporation referred to in subparagraph iii of paragraph a of section 771.12 or in any of paragraphs f, i and j of the definition of “eligible employer” ; and

(e)  where the eligible employer is a corporation described in any of paragraphs d to j of the definition of “eligible employer”, the certificates referred to in paragraph d of this definition also certify that the individual’s duties for the individual’s employer are, from the particular time to the end of the year or the part of the year, exclusively or almost exclusively attributable to eligible activities of the individual’s employer;

“hiring period” of an eligible employer means

(a)  where the eligible employer is a corporation referred to in subparagraph i of paragraph a of section 771.12, the period that begins on 26 March 1997 and that ends on 12 June 2003;

(b)  where the eligible employer is a corporation referred to in subparagraph ii of paragraph a of section 771.12, the period that begins on 10 March 1999 and that ends on 12 June 2003;

(c)  where the eligible employer is a corporation referred to in paragraph b or c of the definition of “eligible employer”, the period that begins on 15 March 2000 and that ends on the last day of the last taxation year of the corporation that begins before 21 December 2001;

(d)  where the eligible employer is a corporation referred to in paragraph d of the definition of “eligible employer”, the period that begins on 15 March 2000 and that ends on 12 June 2003;

(e)  where the eligible employer is a corporation referred to in paragraph e of the definition of “eligible employer”, the period that begins on 12 May 2000 and that ends on 12 June 2003;

(f)  where the eligible employer is a corporation referred to in subparagraph iii of paragraph a of section 771.12, the period that begins on 30 March 2001;

(g)  where the eligible employer is a corporation referred to in paragraph f of the definition of “eligible employer”, the period that begins on 30 March 2001 and that ends on 12 June 2003 or the period that begins on 31 March 2004; and

(h)  where the eligible employer is a corporation referred to in any of paragraphs g to j of the definition of “eligible employer”, the period that begins on 20 March 2002 and that ends on 12 June 2003;

“new economy centre” has the meaning assigned by section 771.1;

“specialized activity period” of an individual who is a foreign specialist for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign specialist;

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.22.0.1.1 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.22.0.3, in relation to a preceding employment, may reasonably be attributed; or

(2)  a preceding period within the meaning of section 737.22.0.1.1 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1; and

(c)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“specified period” of an individual in relation to an employment held by the individual with an eligible employer means

(a)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, any part of the individual’s specialized activity period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “specialized activity period” ; and

(b)  in any other case, the individual’s specialized activity period in relation to that employment;

“wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

Where the certificate referred to in paragraph d of the definition of “foreign specialist” in the first paragraph was not issued in respect of an individual for the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with an eligible employer, the specialized activity period of the individual in relation to that employment begins only on the first day of the first taxation year following the particular day for which such a certificate has been issued in respect of the individual.

For the purposes of the definition of “eligible income” in the first paragraph, any benefit that an individual is deemed to receive, in a particular taxation year, in connection with an employment held by the individual with an eligible employer, because of the application of any of sections 49 and 50 to 52.1, is considered to be included in the amounts that are paid to the individual as wages in the year by that employer.

1997, c. 85, s. 116; 1998, c. 17, s. 64; 1999, c. 86, s. 99; 2000, c. 39, s. 55; 2001, c. 51, s. 43; 2001, c. 69, s. 12; 2002, c. 9, s. 16; 2003, c. 9, s. 61; 2004, c. 21, s. 174; 2005, c. 23, s. 88; 2005, c. 38, s. 121; 2007, c. 12, s. 84.

737.22.0.1.1. For the purpose of establishing the specialized activity period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “specialized activity period” in the first paragraph of section 737.22.0.1 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may reasonably be attributed.

2004, c. 21, s. 175.

737.22.0.1.2. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign specialist for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider the remuneration paid by the eligible employer to the individual for that part of the year to be included in the individual’s eligible income for the year in relation to the employment, that the eligible employer certifies in prescribed manner, if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign specialist for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 89.

737.22.0.1.3. For the purposes of the definition of “eligible employer” in the first paragraph of section 737.22.0.1, the following rules apply:

(a)  if a certificate or qualification certificate that was issued to a corporation described in any of paragraphs a and g to j of the definition of that expression is revoked, the certificate or qualification certificate is deemed to be null at the time the certificate or qualification certificate is revoked or, if it is later, at the time the revocation becomes effective, and is deemed not to have been issued as of that time; and

(b)  if a certificate that was issued for a taxation year to a corporation described in any of paragraphs b to f of the definition of that expression is revoked, the certificate is deemed not to have been revoked for that taxation year.

2005, c. 38, s. 122.

737.22.0.2. For the purposes of the definition of “foreign specialist” in the first paragraph of section 737.22.0.1, an individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with an eligible employer if

(a)  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2; or

(b)  the individual would meet the condition set out in paragraph a if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

1997, c. 85, s. 116; 2000, c. 39, s. 56; 2002, c. 40, s. 64; 2003, c. 9, s. 62; 2004, c. 21, s. 176.

737.22.0.2.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign specialist working for the eligible employer if the definition of “foreign specialist” in the first paragraph of section 737.22.0.1 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in paragraphs c to e replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign specialist working for the eligible employer if paragraphs c to e of the definition of “foreign specialist” in the first paragraph of section 737.22.0.1 were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no specialized activity period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 177.

737.22.0.2.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract, is deemed to end at the time when the individual ceases to be a foreign specialist.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign specialist if this section were read without reference to the first and second paragraphs and paragraphs c to e of the definition of “foreign specialist” in the first paragraph of section 737.22.0.1 were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no specialized activity period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.22.0.3, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in paragraph d of the definition of “foreign specialist” in section 737.22.0.1, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 177; 2005, c. 38, s. 123.

737.22.0.2.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign specialist” in the first paragraph of section 737.22.0.1 and in this section referred to as the “original contract”, is deemed not to be an employment contract separate from the original contract.

The rule set out in the first paragraph applies, with the necessary modifications, to a new employment contract that is entered into after 12 June 2003 with another eligible employer, who is deemed not to be an employer separate from the eligible employer, in this section referred to as the “first employer”, who entered into the original contract, provided that

(a)  the other eligible employer is a corporation described in the third paragraph;

(b)  the other eligible employer meets any of the following conditions:

i.  the other eligible employer controls directly or indirectly the first employer,

ii.  the other eligible employer is, directly or indirectly, a controlled subsidiary of the first employer, or

iii.  as a result of a transaction referred to in section 518 or 566, the other eligible employer continues to carry on the business of the first employer in the course of which the individual who entered into the original contract performed the individual’s duties as a foreign specialist; and

(c)  it may reasonably be considered that, but for the change of employer, the individual who entered into the original contract would have continued to be a foreign specialist working for the first employer until the time when the individual took up employment, as an employee, with the other eligible employer.

The corporation to which subparagraph a of the second paragraph refers is

(a)  if the first employer is a corporation described in paragraph a of the definition of “eligible employer” in the first paragraph of section 737.22.0.1, a corporation described in subparagraph i or ii of paragraph a of section 771.12;

(b)  if the first employer is a corporation described in paragraph d or f of the definition of “eligible employer” in the first paragraph of section 737.22.0.1, any of the following corporations:

i.  where the new employment contract is entered into between 12 June 2003 and 31 March 2004, a corporation described in that paragraph d or f, or

ii.  where the new employment contract is entered into after 30 March 2004, a corporation described in that paragraph d; or

(c)  if the first employer is a corporation referred to in any of paragraphs e, g, h, i and j of the definition of “eligible employer” in the first paragraph of section 737.22.0.1, a corporation described in that paragraph.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.22.0.2.2.

2004, c. 21, s. 177; 2005, c. 23, s. 90.

737.22.0.2.4. For the purposes of this Title, a corporation that would be an eligible employer for a taxation year within the meaning of any of paragraphs g, h, i and j of the definition of “eligible employer” in the first paragraph of section 737.22.0.1, but for paragraph c of the definition of “qualified corporation” in the first paragraph of any of sections 1029.8.36.0.3.60, 1029.8.36.72.56 and 1029.8.36.72.83, is deemed to be an eligible employer for the corporation’s taxation year ending immediately before the acquisition of control described in that paragraph c and to be a corporation described in that paragraph g, h, i or j, as the case may be, for that taxation year.

2004, c. 21, s. 177.

CHAPTER II DEDUCTION

1997, c. 85, s. 116.

737.22.0.3. An individual who, at any time, holds employment as a foreign specialist with an eligible employer may deduct, in computing the individual’s taxable income for a taxation year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is

i.  if the eligible employer is a corporation to which subparagraph iii of paragraph a of section 771.12 applies and the individual entered into the individual’s employment contract with the eligible employer between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the eligible employer is a corporation to which subparagraph iii of paragraph a of section 771.12 applies or that is described in paragraph f of the definition of “eligible employer” in the first paragraph of section 737.22.0.1 and the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “specialized activity period” in the first paragraph of section 737.22.0.1,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  25%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%;

(b)  B is the portion of the individual’s eligible income for the year, in relation to that employment, that is certified by the eligible employer in prescribed manner and that may reasonably be attributed to that specified period of the individual; and

(c)  C is the aggregate of all amounts that the individual may deduct in computing the individual’s income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to the individual’s employment as a foreign specialist during that specified period of the individual.

1997, c. 85, s. 116; 2000, c. 39, s. 57; 2004, c. 21, s. 178; 2005, c. 38, s. 124.

CHAPTER III COMPUTATION OF TAXABLE INCOME

1997, c. 85, s. 116.

737.22.0.4. For the purpose of computing the taxable income of an individual referred to in section 737.22.0.3 for a taxation year, the following rules apply:

(a)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil;

(c)  where the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.3 in respect of that period;

(d)  where the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.3 in respect of that period; and

(e)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.3 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest that is computed, in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.3 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.3 in respect of that period.

1997, c. 85, s. 116; 2000, c. 39, s. 58; 2001, c. 53, s. 108; 2003, c. 9, s. 63; 2004, c. 21, s. 179; 2005, c. 38, s. 125.

TITLE VII.3.2 DEDUCTION IN RESPECT OF FOREIGN PROFESSORS

2002, c. 40, s. 65.

CHAPTER I INTERPRETATION AND GENERAL

2002, c. 40, s. 65; 2005, c. 38, s. 126.

737.22.0.5. In this Title,

“eligible activity period” of an individual who is a foreign professor for all or part of a taxation year, in relation to an employment the individual holds with an eligible employer, means the period that, subject to the second paragraph, begins on the day on which the individual begins to perform the duties of that employment and that ends on the earlier of

(a)  the day preceding the day on which the individual ceases to be a foreign professor;

(b)  the day on which that period totals five years, with reference to

i.  where the individual began to stay or became resident in Canada after 19 December 2002 by reason of an employment contract entered into after that date, the aggregate of all periods each of which is a preceding period within the meaning of section 737.22.0.5.1 that is established in respect of the individual, and

ii.  in any other case, the aggregate of all preceding periods each of which is

(1)  all or part of a preceding period, established in respect of the individual under this definition, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, under section 737.22.0.7, in relation to a preceding employment, may reasonably be attributed, or

(2)  a preceding period within the meaning of section 737.22.0.5.1 that is established in respect of the individual since the last time the individual became resident in Canada, other than a period described in subparagraph 1; and

(c)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, the last day of the five-year period that begins,

i.  unless subparagraph ii applies, on the day on which the individual first begins to perform the duties of an employment for which the individual may deduct an amount in computing the individual’s taxable income for a taxation year under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20, or

ii.  if the individual began to perform the duties of the employment referred to in subparagraph i under a contract of employment entered into with a particular corporation or partnership operating an international financial centre established by the individual and if the individual was resident in Canada immediately before the contract of employment was entered into and immediately before the individual took up that employment, on the day, determined without reference to paragraph a of section 8, on which the individual becomes resident in Canada to work on the establishment of that centre;

“eligible employer” means a Québec university;

“eligible income”, for a taxation year, of an individual who is a foreign professor at any time, in relation to an employment the individual holds with an eligible employer, means the aggregate of all amounts paid as wages in the year by that employer and that may reasonably be attributed to the foreign professor’s eligible activity period in relation to that employment;

“foreign professor” for all or part of a taxation year means an individual in respect of whom the following conditions are met:

(a)  at a particular time after 29 June 2000, the individual takes up employment, as an employee, with an eligible employer under an employment contract entered into with the eligible employer after that date;

(b)  the individual is not resident in Canada immediately before entering into the employment contract or immediately before taking up employment, as an employee, with the eligible employer;

(c)  the individual works exclusively or almost exclusively for the eligible employer from the particular time to the end of the year or the part of the year;

(d)  the eligible employer obtained, in respect of the individual, a certificate issued, for the taxation year, by the Minister of Education, Recreation and Sports, after having applied therefor in writing before 1 March of the following calendar year, and that certificate, that has not been revoked in respect of the year or the part of the year, certifies that the individual is specialized in the field of science and engineering, finance, health or new information and communication technologies and holds a doctoral degree in such a field;

(e)  the certificate referred to in paragraph d and, where applicable, all the unrevoked certificates obtained in respect of the individual for preceding taxation years, certify that, from the particular time to the end of the year or the part of the year, the individual’s duties for the individual’s employer consist exclusively or almost exclusively in acting as a professor in the field of science and engineering, finance, health or new information and communication technologies;

“specified period” of an individual in relation to an employment held by the individual with an eligible employer means

(a)  where the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004, any part of the individual’s eligible activity period in relation to that employment that is included in any of the five years of the period described in paragraph c of the definition of “eligible activity period” ; and

(b)  in any other case, the individual’s eligible activity period in relation to that employment;

“wages” means the income computed under Chapters I and II of Title II of Book III.

Where the certificate referred to in paragraph d of the definition of “foreign professor” in the first paragraph was not issued in respect of an individual for the taxation year that includes the particular day on which the individual begins to perform the duties of an employment the individual holds with an eligible employer, the individual’s eligible activity period in relation to that employment begins only on the first day of the first taxation year following the particular day for which such a certificate has been issued in respect of the individual.

2002, c. 40, s. 65; 2004, c. 21, s. 180; 2005, c. 28, s. 195; 2005, c. 38, s. 127.

737.22.0.5.1. For the purpose of establishing the eligible activity period of an individual in relation to an employment, a preceding period to which subparagraph i of paragraph b of the definition of “eligible activity period” in the first paragraph of section 737.22.0.5 and subparagraph 2 of subparagraph ii of that paragraph b refer means all or part of a preceding period, established in respect of the individual under any of the sections mentioned in the second paragraph of section 737.19.2 or under the regulations mentioned in that paragraph, to which an amount that the individual may deduct in computing the individual’s taxable income for a taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2, may be attributed.

2004, c. 21, s. 181.

737.22.0.5.2. If, in a taxation year, an individual is absent from an employment the individual holds with an eligible employer and, were it not for that absence, would be a foreign professor for the part of the year that is included in the individual’s period of absence, the Minister may, for the purposes of this Title, consider the remuneration paid by the eligible employer to the individual for that part of the year to be included in the individual’s eligible income for the year in relation to the employment, that the eligible employer certifies in prescribed manner, if the Minister is of the opinion that the individual is temporarily absent from the employment for reasons the Minister considers reasonable.

The individual is deemed to be a foreign professor for the part of the year in respect of which the Minister has exercised discretion in the individual’s favour in accordance with the first paragraph.

2005, c. 23, s. 91.

737.22.0.6. For the purposes of the definition of “foreign professor” in the first paragraph of section 737.22.0.5, an individual is deemed not to be resident in Canada immediately before taking up employment, as an employee, with an eligible employer if

(a)  the individual may deduct an amount in computing the individual’s taxable income for the taxation year in which the individual so took up employment or for a preceding taxation year, in relation to a preceding employment, under any of the sections mentioned in the third paragraph of section 737.19.2; or

(b)  the individual would meet the condition set out in paragraph a if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2002, c. 40, s. 65; 2004, c. 21, s. 182.

737.22.0.6.1. For the purposes of this Title, an individual to whom the fourth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual holds employment with the eligible employer on 1 January 2001; and

(b)  at a particular time, the individual would be, for the first time since 1 January 2001, a foreign professor working for the eligible employer if the definition of “foreign professor” in the first paragraph of section 737.22.0.5 were read

i.  without reference to paragraph b thereof, and

ii.  with the reference to “from the particular time to the end of the year or the part of the year” in paragraphs c and e replaced by a reference to “throughout the year or the part of the year”.

An individual to whom the fifth paragraph applies is deemed to take up employment, as an employee, with an eligible employer at the particular time referred to in subparagraph b where

(a)  the individual enters into an employment contract with the eligible employer after 31 December 2000; and

(b)  at a particular time, the individual would be, for the first time since the entering into the contract referred to in subparagraph a, a foreign professor working for the eligible employer if paragraphs c and e of the definition of “foreign professor” in the first paragraph of section 737.22.0.5 were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”.

In addition, the individual to whom the first or second paragraph applies is also deemed to begin performing the duties of the employment the individual holds with the eligible employer at the particular time referred to in subparagraph b of that paragraph.

The individual to whom the first paragraph refers is the individual who

(a)  has no eligible activity period that is running on 1 January 2001 in relation to that employment; and

(b)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

The individual to whom the second paragraph refers is the individual who may deduct, in computing the individual’s taxable income for the taxation year in which the individual has entered into the individual’s employment contract or for a preceding taxation year, in relation to a preceding employment, an amount under any of the sections mentioned in the third paragraph of section 737.19.2, or could so deduct such an amount if an employer had not failed to apply, in respect of the individual, for a qualification certificate or a certificate referred to in any of the sections mentioned in subparagraph ii of paragraph a of section 737.20.

2004, c. 21, s. 183.

737.22.0.6.2. For the purposes of this Title, the employment contract that an individual entered into with an eligible employer, in this section referred to as the “original contract”, or a deemed contract within the meaning of subparagraph a of the third paragraph, is deemed to end at the time when the individual ceases to be a foreign professor.

Where on 1 January 2001 an individual to whom the fourth paragraph applies holds employment with an eligible employer, the employment contract the individual entered into with that employer, in this section referred to as the “original contract”, is deemed to have ended before that date.

In addition, where at a particular time an individual would again become a foreign professor if this section were read without reference to the first and second paragraphs and paragraphs c and e of the definition of “foreign professor” in the first paragraph of section 737.22.0.5 were read with the reference to “from the particular time to the end of the year or the part of the year” replaced by a reference to “throughout the year or the part of the year”, the following rules apply:

(a)  the individual is deemed to enter into, with the eligible employer, a new employment contract, in this section referred to as the “deemed contract”, and that contract is deemed to be entered into at the particular time; and

(b)  the individual is deemed to take up employment, as an employee, with the eligible employer at the particular time and is also deemed to begin at that time to perform the duties of that new employment.

The individual to whom the second paragraph refers is the individual who

(a)  is not resident in Canada immediately before entering into the original contract or immediately before taking up employment, as an employee, with the eligible employer;

(b)  has no eligible activity period that is running on 1 January 2001 in relation to that employment; and

(c)  may deduct, in computing the individual’s taxable income for a taxation year preceding the year 2001, in relation to that employment, an amount under section 737.22.0.7, or could so deduct such an amount if the eligible employer had not failed to apply, in respect of the individual, for a certificate referred to in the definition of “foreign professor” in section 737.22.0.5, as it read for that preceding taxation year.

The expiry, termination or cancellation of the original contract or any other event having the effect of terminating the original contract also entails the expiry, termination or cancellation, as the case may be, of a deemed contract continuing the original contract, or otherwise terminates such a contract.

The renewal of the original contract also entails the renewal of a deemed contract continuing the original contract, except if the deemed contract is deemed to have ended under the first paragraph.

2004, c. 21, s. 183; 2005, c. 38, s. 128.

737.22.0.6.3. For the purposes of this Title, the contract resulting from the renewal, after 12 June 2003, of an employment contract referred to in the definition of “foreign professor” in the first paragraph of section 737.22.0.5 is deemed not to be an employment contract separate from the employment contract referred to in that definition.

The first paragraph does not apply in respect of a contract that is deemed to have ended under the first or second paragraph of section 737.22.0.6.2.

2004, c. 21, s. 183.

CHAPTER II DEDUCTION

2002, c. 40, s. 65.

737.22.0.7. An individual who, at any time, holds employment as a foreign professor with an eligible employer may deduct, in computing the individual’s taxable income for a taxation year, an amount not greater than the aggregate of all amounts each of which is determined, in respect of a specified period of the individual in relation to that employment, by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is

i.  if the individual entered into the individual’s employment contract with the eligible employer between 12 June 2003 and 31 March 2004, or entered into the contract before 13 June 2003 but began to perform the duties of that employment after 1 September 2003, 75%,

i.1.  if the individual entered into the individual’s employment contract with the eligible employer after 30 March 2004,

(1)  100%, if that specified period of the individual is included in the first or second year of the period described in paragraph c of the definition of “eligible activity period” in the first paragraph of section 737.22.0.5,

(2)  75%, if that specified period of the individual is included in the third year of the period described in that paragraph c,

(3)  50%, if that specified period of the individual is included in the fourth year of the period described in that paragraph c, or

(4)  25%, if that specified period of the individual is included in the fifth year of the period described in that paragraph c, and

ii.  in any other case, 100%;

(b)  B is the portion of the individual’s eligible income for the year, in relation to that employment, that is certified by the eligible employer in prescribed manner and that may reasonably be attributed to that specified period of the individual; and

(c)  C is the aggregate of all amounts that the individual may deduct in computing the individual’s income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to the individual’s employment as a foreign professor during that specified period of the individual.

2002, c. 40, s. 65; 2004, c. 21, s. 184; 2005, c. 38, s. 129.

CHAPTER III COMPUTATION OF TAXABLE INCOME

2002, c. 40, s. 65.

737.22.0.8. For the purpose of computing the taxable income of an individual referred to in section 737.22.0.7 for a taxation year, the following rules apply:

(a)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  where the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s eligible income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil;

(c)  where the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.7 in respect of that period;

(d)  where the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the portion of the individual’s eligible income for the year, in relation to an employment, that may reasonably be attributed to any of the individual’s specified periods, in relation to that employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by the amount by which 100% exceeds the percentage determined under subparagraph a of the second paragraph of section 737.22.0.7 in respect of that period; and

(e)  where the individual has included in computing income for the year an amount under sections 487.1 to 487.6 in respect of a benefit received by the individual as a home relocation loan, the individual shall, for the purpose of computing the deduction under section 725.6,

i.  subtract from the amount determined under paragraph a of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be attributed to the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.7 in respect of that period,

ii.  subtract from the amount determined under paragraph b of section 725.6, the product obtained by multiplying the amount of interest, computed in accordance with that paragraph, for the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.7 in respect of that period, and

iii.  subtract from the amount determined under paragraph c of section 725.6, the product obtained by multiplying the portion of that amount that may reasonably be considered to have been received in the part of the year that is included in any of the individual’s specified periods, in relation to an employment, by the percentage determined under subparagraph a of the second paragraph of section 737.22.0.7 in respect of that period.

2002, c. 40, s. 65; 2003, c. 9, s. 64; 2004, c. 21, s. 185; 2005, c. 38, s. 130.

TITLE VII.3.3 DEDUCTION IN RESPECT OF FOREIGN PRODUCERS

2003, c. 9, s. 65.

CHAPTER I DEFINITIONS

2003, c. 9, s. 65.

737.22.0.9. In this Title,

“eligible individual”, for a taxation year, means an individual who was not resident in Canada at any time in the year and who holds a qualification certificate that was issued to the individual by the Société de développement des entreprises culturelles for the purposes of this Title in respect of an eligible production and that has not been revoked;

“eligible production”, in relation to an individual, means the production specified in the qualification certificate referred to in the definition of “eligible individual” that the Société de développement des entreprises culturelles issued to the individual.

2003, c. 9, s. 65.

CHAPTER II DEDUCTION

2003, c. 9, s. 65.

737.22.0.10. An eligible individual who encloses with the fiscal return the eligible individual is required to file for a taxation year under section 1000 a copy of the qualification certificate that was issued to the eligible individual by the Société de développement des entreprises culturelles in respect of an eligible production, may deduct, in computing the eligible individual’s taxable income for the year, any amount not greater than the amount by which the aggregate of the amounts included in computing the income for the year for services rendered or to be rendered in Québec in connection with the eligible production, exceeds the aggregate of the amounts deducted by the eligible individual in computing the eligible individual’s income for the year and which may reasonably be attributed to such services.

2003, c. 9, s. 65.

CHAPTER III COMPUTATION OF TAXABLE INCOME

2003, c. 9, s. 65.

737.22.0.11. For the purpose of computing the taxable income of an eligible individual referred to in section 737.22.0.10 for a taxation year, the following rules apply:

(a)  where the eligible individual has included in computing the eligible individual’s income for the year an amount that is the benefit the eligible individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48, and the amount of the benefit is included in the amount determined in respect of the eligible individual for the year under section 737.22.0.10, the amount of the benefit is, for the purpose of computing the deduction provided for in section 725.2, deemed to be nil;

(b)  where the eligible individual has included in computing the eligible individual’s income for the year an amount that is the benefit the eligible individual is deemed to receive under section 49, as a consequence of the application of section 49.2, in respect of a share acquired by the eligible individual after 22 May 1985 and the amount of the benefit is included in the amount determined in respect of the eligible individual for the year under section 737.22.0.10, the amount of the benefit is, for the purpose of computing the deduction provided for in section 725.3, deemed to be nil;

(c)  where the eligible individual has included in computing the eligible individual’s income for the year a particular amount referred to in paragraph a or e of section 725 and the amount is included in the amount determined in respect of the eligible individual for the year under section 737.22.0.10, the particular amount is, for the purpose of computing the deduction provided for in either of those paragraphs, deemed to be nil; and

(d)  where the eligible individual has included in computing the eligible individual’s income for the year a particular amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the amount determined in respect of the eligible individual for the year under section 737.22.0.10, the particular amount is, for the purpose of computing the deduction provided for in the first paragraph of section 725.1.2, deemed to be nil.

2003, c. 9, s. 65.

TITLE VII.3.4 DEDUCTION IN RESPECT OF FOREIGN FARM WORKERS

2006, c. 36, s. 64.

CHAPTER I DEFINITIONS

2006, c. 36, s. 64.

737.22.0.12. In this Title,

“foreign farm worker”, for a taxation year, means an individual who was not resident in Canada at any time in the year and who holds a valid work permit issued by the competent Canadian authority under the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27) within the framework of a recognized federal program;

“recognized federal program” means any of the following programs of the Government of Canada:

(a)  the Mexican Seasonal Agricultural Workers Program;

(b)  the Caribbean Seasonal Agricultural Workers Program; and

(c)  the Pilot Project for Hiring Foreign Workers in Occupations that Usually Require a High School Diploma or Job-Specific Training;

“wages” means the income computed under Chapters I and II of Title II of Book III;

“work income”, for a taxation year, of an individual who is a foreign farm worker, in relation to an employment held by the individual in Québec within the framework of a recognized federal program, means the aggregate of all amounts each of which is wages received in the year by the individual because of, or in the course of, that employment.

2006, c. 36, s. 64.

CHAPTER II DEDUCTION

2006, c. 36, s. 64.

737.22.0.13. An individual who is a foreign farm worker for a taxation year may deduct, in computing taxable income for the year, an amount not exceeding 50% of the amount by which the individual’s work income for the year, in relation to an employment, exceeds the aggregate of the amounts that the individual may deduct in computing income for the year under Chapter III of Title II of Book III and that may reasonably be attributed to that employment.

2006, c. 36, s. 64.

CHAPTER III COMPUTATION OF TAXABLE INCOME

2006, c. 36, s. 64.

737.22.0.14. For the purpose of computing the taxable income of an individual referred to in section 737.22.0.13 for a taxation year, the following rules apply:

(a)  if the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive in the year under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48 and the amount of the benefit is included in the individual’s work income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.2, deemed to be nil;

(b)  if the individual has included in computing income for the year an amount that is the benefit the individual is deemed to receive under section 49 as a consequence of the application of section 49.2 in respect of a share acquired by the individual after 22 May 1985 and the amount of the benefit is included in the individual’s work income for the year, in relation to an employment, the amount of the benefit is, for the purpose of computing the deduction under section 725.3, deemed to be nil; and

(c)  if the individual has included in computing income for the year an amount referred to in paragraph a or e of section 725 and the amount is included in the individual’s work income for the year, in relation to an employment, the amount is, for the purpose of computing the deduction under that paragraph, deemed to be equal to the product obtained by multiplying that amount by 50%; and

(d)  if the individual has included in computing income for the year an amount referred to in subparagraph a of the second paragraph of section 725.1.2 and the amount is included in the individual’s work income for the year, in relation to an employment, the amount is, for the purpose of computing the deduction under the first paragraph of that section, deemed to be equal to the product obtained by multiplying that amount by 50%.

2006, c. 36, s. 64.

TITLE VII.4

Repealed, 2004, c. 21, s. 186.

1995, c. 63, s. 54; 2004, c. 21, s. 186.

737.22.1. (Repealed).

1995, c. 63, s. 54; 2004, c. 21, s. 186.

737.23. (Repealed).

1990, c. 7, s. 59; 1995, c. 63, s. 54; 1997, c. 3, s. 71; 2004, c. 21, s. 186.

TITLE VII.4.1

Repealed, 2004, c. 21, s. 186.

2002, c. 9, s. 17; 2004, c. 21, s. 186.

737.23.1. (Repealed).

2002, c. 9, s. 17; 2004, c. 21, s. 186.

TITLE VII.5 DEDUCTION FOR EMPLOYMENT OUT OF CANADA

1995, c. 1, s. 69.

CHAPTER I DEFINITIONS

1995, c. 1, s. 69.

737.24. In this Title,

“basic allowance” of an individual for a period means, in respect of an employment, the part of the out-of-Canada living allowance received by the individual in respect of the employment for that period, which does not exceed one-half of the individual’s basic income for that period in respect of that employment;

“basic income” means, in respect of an employment, the income from an employment, computed before any deduction under Chapter III of Title II of Book III and without taking into account any out-of-Canada living allowance or, except in the definition of “basic allowance”, the part of any other amount included in computing that income, which corresponds to the deduction granted in respect of that other amount, otherwise than under this Title, in computing the taxable income;

“specified employer” means a person resident in Canada, a corporation that is a foreign affiliate of such a person, or a partnership whose members, resident in Canada, including a corporation controlled by persons resident in Canada, are the owners of interests in that partnership having a fair market value in excess of 10% of the fair market value of all interests in the partnership.

1995, c. 1, s. 69; 1997, c. 3, s. 71.

CHAPTER II DEDUCTION

1995, c. 1, s. 69.

737.25. An individual resident in Québec in a taxation year who, throughout a period of not less than 30 consecutive days that commenced in the year or a preceding taxation year, performed substantially all the duties of the individual’s employment outside Canada may deduct, in computing the individual’s taxable income for the year, the amount determined in respect of the individual for the year under section 737.26 in respect of that period where

(a)  the individual was employed throughout that period by a specified employer; and

(b)  such duties were performed in connection with a contract under which the specified employer carried on business outside Canada with respect to the exploration for or exploitation of petroleum, natural gas, minerals or other similar resources, any agricultural, construction, installation or engineering activity, or any prescribed activity, or for the purpose of obtaining such a contract on behalf of the specified employer.

However, the first paragraph does not apply in respect of an individual who, throughout the period described in the said paragraph, is deemed to have been resident in Québec under paragraph d of section 8 or who performed his duties in the employ of the Government of Canada or the government of a province, or of a municipality, a school board, an educational institution or an establishment providing health services or social services that receives or is entitled to receive financial assistance from a government.

1995, c. 1, s. 69.

737.26. The amount referred to in the first paragraph of section 737.25 in respect of an individual for a taxation year in respect of a particular period throughout which the individual performed substantially all the duties of the individual’s employment outside Canada is the aggregate of

(a)  the proportion of the out-of-Canada living allowance in respect of that employment received in the year by the individual in respect of the particular period that the individual’s basic allowance in respect of that employment for the particular period is of the individual’s total out-of-Canada living allowance in respect of the individual’s employment for the particular period; and

(b)  the proportion of the aggregate of the basic income from that employment received in the year by the individual in respect of the particular period and the amount by which the out-of-Canada living allowance in respect of that employment received in the year by the individual in respect of the particular period exceeds the amount computed under paragraph a, that the number of consecutive periods of 30 full days, not exceeding 12, worked outside Canada by the individual in respect of that employment during the particular period, is of 12.

For the purposes of the first paragraph and notwithstanding the definition of “basic income” in section 737.24, no amount may be included in computing an individual’s basic income or regarded as an out-of-Canada living allowance for a taxation year in respect of the individual’s employment by an employer where

(a)  the employer carries on a business of providing services and does not employ in the business throughout the year more than five full-time employees;

(b)  the individual does not deal at arm’s length with the employer, or is a specified shareholder of the employer, or, where the employer is a partnership, does not deal at arm’s length with a member of the partnership, or is a specified shareholder of a member of the partnership; and

(c)  but for the existence of the employer, the individual would reasonably be regarded as an employee of a person or partnership that is not a specified employer.

1995, c. 1, s. 69; 1998, c. 16, s. 183.

TITLE VII.6 DEDUCTION TO SEAMEN ENGAGED IN THE INTERNATIONAL TRANSPORTATION OF FREIGHT

1997, c. 14, s. 108.

CHAPTER I INTERPRETATION AND GENERAL

1997, c. 14, s. 108; 2005, c. 38, s. 131.

737.27. In this Title,

“eligible seaman” for a taxation year means a seaman in respect of whom a certificate was issued by the Minister of Transport certifying that the seaman was, in the year, an employee of an eligible shipowner for the year, that the seaman carried out, in that year, substantially all the duties relating to the seaman’s employment on a vessel engaged in international freight transportation and that the seaman was assigned to such a vessel for a period of at least 10 consecutive days beginning in the year or in a preceding taxation year;

“eligible shipowner” for a taxation year means a shipowner who, in the year, is a person resident in Canada, a corporation that is a foreign affiliate of such a person or a partnership whose members, resident in Canada, including a corporation controlled by persons resident in Canada, are the owners of interests in that partnership having a fair market value in excess of 10% of the fair market value of all interests in the partnership;

“salaries or wages” means the income computed under Chapters I and II of Title II of Book III.

1997, c. 14, s. 108; 2001, c. 51, s. 44; 2004, c. 21, s. 187.

737.27.1. If an individual, in respect of whom the Minister of Transport issued a certificate certifying that the individual was an eligible seaman for a taxation year, acquired, at a particular time of that year that is included in a period specified in the certificate, a right to a security, under an agreement referred to in section 48, from the eligible shipowner whose name appears on the certificate or from a person with whom the eligible shipowner is not dealing at arm’s length and, at a later time, the individual is deemed to receive a benefit in a particular taxation year because of the application of any of sections 49 and 50 to 52.1 in respect of the security, or the transfer or any other disposition of the rights under the agreement, the following rules apply for the purpose of determining the amount that the individual may deduct under section 737.28 in computing the individual’s taxable income for the particular year, in relation to the amount of that benefit:

(a)  section 737.28 is to be read as if “for that taxation year” was replaced by “for the taxation year that includes the particular time to which the portion of section 737.27.1 before paragraph a refers”; and

(b)  such a benefit is considered to be included in the amount of salaries or wages received by the individual in the particular year from the eligible shipowner.

2005, c. 38, s. 132.

CHAPTER II DEDUCTION

1997, c. 14, s. 108.

737.28. An individual resident in Québec in a taxation year who encloses, with the fiscal return the individual is required to file under this Part for the year, a copy of the certificate issued by the Minister of Transport certifying that the individual was an eligible seaman for that taxation year may deduct, in computing the individual’s taxable income for the year, the aggregate of all amounts each of which is an amount equal to 75% of the amount of salaries or wages received by the individual in the year, in relation to a period determined in the certificate, from an eligible shipowner whose name appears on the certificate.

1997, c. 14, s. 108; 2001, c. 51, s. 45; 2004, c. 21, s. 188.

737.28.1. For the purpose of computing the taxable income of an individual to whom section 737.28 applies, for a taxation year, the following rules apply:

(a)  for the purpose of computing the deduction under section 725.2, the amount of the benefit that the individual is deemed to receive in the year, under any of sections 49 and 50 to 52.1, in respect of a security, or the transfer or any other disposition of the rights under the agreement referred to in section 48, and that was included by the individual in computing the individual’s income for the year, does not include the part of such an amount included in the amount determined in respect of the individual for the year under section 737.28;

(b)  for the purpose of computing the deduction under section 725.3, the amount of the benefit that the individual is deemed to receive under section 49, by virtue of section 49.2, in respect of a share acquired by the individual after 22 May 1985 and that was included by the individual in computing the individual’s income for the year, does not include the part of such an amount included in the amount determined in respect of the individual for the year under section 737.28.

2002, c. 40, s. 66.

TITLE VII.7 DEDUCTION IN RESPECT OF SPLIT INCOME

2001, c. 53, s. 109.

737.29. A specified individual in relation to a taxation year may deduct in computing the specified individual’s taxable income for the year the specified individual’s split income for the year.

2001, c. 53, s. 109.

TITLE VIII DIVIDENDS

1972, c. 23.

738. A corporation may deduct from its income for a taxation year the amount of any taxable dividend it receives in the year from a taxable Canadian corporation or a corporation controlled by it, resident in Canada, other than a non-resident-owned investment corporation or a corporation exempt from tax under this Part.

1972, c. 23, s. 556; 1978, c. 26, s. 130; 1984, c. 15, s. 169; 1997, c. 3, s. 71.

739. For the purposes of this Title:

(a)  a dividend or a taxable dividend does not include a capital gains dividend within the meaning assigned by sections 1106 and 1116 or any dividend received by a taxpayer on which the taxpayer was required to pay any prescribed tax;

(b)  a corporation is controlled by another if more than 50 per cent of its issued share capital having full voting rights under all circumstances belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal at arm’s length;

(c)  “mark-to-market property” and “financial institution” have the meanings assigned by section 851.22.1.

1972, c. 23, s. 557; 1996, c. 39, s. 197; 1997, c. 3, s. 71; 2001, c. 7, s. 87.

740. Where a corporation has in a taxation year received a taxable dividend from a corporation not resident in Canada that is not a foreign affiliate of such corporation and that carried on a business in Canada, through an establishment, throughout the period from 18 June 1971 to the time when the dividend was received, the receiving corporation may deduct from its income a part of the dividend proportional to the paving corporation’s taxable income earned in Canada for the preceding year in relation to the amount that its taxable income would have been for that year if it had been resident in Canada throughout that year.

1972, c. 23, s. 558; 1972, c. 26, s. 56; 1975, c. 22, s. 202; 1997, c. 3, s. 71.

740.1. Sections 738 and 740 do not apply in respect of a dividend received by a specified financial institution on a share acquired in the ordinary course of carrying on its business and that is, at the time the dividend is paid, a term preferred share.

For the purposes of the first paragraph, where a restricted financial institution received a dividend on a share of the capital stock of a mutual fund corporation or an investment corporation at any time after that mutual fund corporation or investment corporation has elected, pursuant to section 1106.1 or section 1118.1, not to be a restricted financial institution, the share is deemed to be a term preferred share acquired in the ordinary course of carrying on a business.

1980, c. 13, s. 66; 1982, c. 5, s. 144; 1986, c. 19, s. 162; 1989, c. 5, s. 99; 1990, c. 59, s. 282; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

740.2. Subject to section 740.3, sections 738, 740 and 845 do not apply in respect of a dividend received by a particular corporation on a share of the capital stock of a corporation that was issued after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987 where,

(a)  at or immediately before the time the dividend was paid, a person or partnership, other than the issuer of the share or an individual other than a trust, that is a specified financial institution or a specified person in relation to any such institution, that person or partnership referred to in section 740.3 as the “guarantor”, was obligated, either absolutely or contingently and either immediately or in the future, to effect any guarantee agreement, including any guarantee, covenant or agreement to purchase or repurchase the share and including the lending of funds to or the placing of amounts on deposit with, or on behalf of, the particular corporation or any specified person in relation to it

i.  to ensure that any loss that the particular corporation or a specified person in relation to it may sustain by reason of the ownership, holding or disposition of the share or any other property is limited, or

ii.  to allow the particular corporation or a specified person in relation to it to derive earnings by reason of the ownership, holding or disposition of the share or any other property; and

(b)  the guarantee agreement was given as part of a transaction or event or a series of transactions or events that included the issuance of the share.

1980, c. 13, s. 66; 1982, c. 5, s. 144; 1990, c. 59, s. 283; 1997, c. 3, s. 71; 2004, c. 8, s. 143.

740.3. Section 740.2 does not apply in respect of a dividend received by a particular corporation

(a)  on a share that is at the time the dividend is received a share described in section 21.6.1;

(b)  a taxable preferred share of a class of the capital stock of a corporation that is listed on a designated stock exchange, issued after 15 December 1987, where all the guarantee agreements described in section 740.2 are given by the corporation that issued the share, by one or more persons that are related to it, otherwise than because of a right referred to in paragraph b of section 20, or by that corporation and such persons, unless at the time the dividend is paid to the particular corporation, dividends in respect of more than 10% of the issued and outstanding shares to which the guarantee agreements described in section 740.2 apply are paid to the particular corporation or the particular corporation and specified persons in relation to it;

(c)  on a grandfathered share or a taxable preferred share issued before 16 December 1987;

(d)  on a prescribed share; or

(e)  on a share

i.  that was not acquired by the particular corporation in the ordinary course of its business,

ii.  in respect of which the guarantee agreement, referred to in section 740.2, was not given in the ordinary course of the guarantor’s business, and

iii.  the corporation issuer of which is, at the time the dividend is paid, related, otherwise than because of a right referred to in paragraph  b of section 20, to both the particular corporation and the guarantor.

1980, c. 13, s. 66; 1982, c. 5, s. 144; 1984, c. 15, s. 170; 1987, c. 67, s. 151; 1989, c. 5, s. 100; 1990, c. 59, s. 284; 1997, c. 3, s. 71; 2001, c. 7, s. 88; 2004, c. 8, s. 144; 2010, c. 5, s. 58.

740.3.1. For the purposes of section 740.2, where the undertaking referred to therein in respect of a share was given at any particular time after 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, otherwise than pursuant to a written arrangement to do so entered into before 8:00 p.m. Eastern Daylight Saving Time, 18 June 1987, the share is deemed to have been issued at the particular time and the undertaking is deemed to have been given as part of a series of transactions that included the issuance of the share.

For the purposes of sections 740.2 and 740.3, the expression “specified person” has the meaning assigned by paragraph f of section 21.11.16.

1990, c. 59, s. 285.

740.4. (Repealed).

1984, c. 15, s. 171; 1990, c. 59, s. 286.

740.4.1. No deduction may be made under section 738, 740 or 845 in computing the taxable income of a particular corporation in respect of a dividend received on a share of the capital stock of a corporation as part of a dividend rental arrangement of the particular corporation.

1991, c. 25, s. 89; 1997, c. 3, s. 71.

740.5. No deduction may be made under section 738, 740 or 845 in computing the taxable income of a particular corporation in respect of a dividend received on a share, in this section referred to as the “subject share”, other than an exempt share, of the capital stock of another corporation where

(a)  any person or partnership was obligated, in any way whatever, to effect an undertaking, including any covenant or agreement to purchase or repurchase the subject share, under which an investor is entitled, either immediately or in the future, to receive or obtain any amount or benefit for the purpose of reducing the impact, in whole or in part, of any loss that an investor may sustain by virtue of the ownership, holding or disposition of the subject share, and any property is used, in whole or in part, either directly or indirectly in any manner whatever, to secure the undertaking; or

(b)  the undertaking or right referred to in subparagraph i or ii was acquired by the issuer as part of a transaction or event or a series of transactions or events that included the issuance or acquisition of the subject share, or a share for which the subject share was substituted, and the consideration for which the subject share was issued or any other property received, either directly or indirectly, by the issuer from an investor, or any property substituted therefor, is or includes

i.  an undertaking of an investor to make payments that are required to be included, in whole or in part, in computing the income of the issuer, other than an undertaking of a corporation that, immediately before the subject share was issued, would be related to the corporation that issued the subject share if this Act were read without reference to paragraph b of section 20; or

ii.  any right to receive payments that are required to be included, in whole or in part, in computing the income of the issuer where that right is held on condition that it or property substituted therefor may revert or pass to an investor or a person or partnership to be determined by an investor.

1989, c. 77, s. 84; 1997, c. 3, s. 71.

740.6. Section 740.5 applies only in respect of a dividend on a share where, having regard to all the circumstances, it may reasonably be considered that the share was issued or acquired as part of a transaction or event or a series of transactions or events that enabled any corporation to earn investment income, or any income substituted therefor, and, as a result, the amount of its taxes payable under this Part for a taxation year is less than the amount that its taxes payable under this Part would be for the year if such investment income were the only income of the corporation for the year and all other taxation years.

1989, c. 77, s. 84; 1997, c. 3, s. 71.

740.7. For the purposes of section 740.5 and this section, the expression,

(a)  “exempt share” means

i.  a prescribed share;

ii.  a share of the capital stock of a corporation issued before 5:00 p.m. Eastern Standard Time, 27 November 1986, other than a share held at that time by the issuer, or by any person or partnership where the issuer may become entitled to receive any amount after that time by way of subscription proceeds or contribution of capital with respect to that share pursuant to an agreement made before that time;

iii.  a share that was, at the time the dividend referred to in section 740.5 was received, a share described in section 21.6.1 during the applicable period referred to in that section;

(b)  “issuer” means the other corporation referred to in section 740.5, a person with whom that corporation does not deal at arm’s length and any partnership or trust of which that corporation, or a person with whom that corporation does not deal at arm’s length, is a member or beneficiary, but does not include the particular corporation referred to in that section;

(c)  “investor” means the particular corporation referred to in section 740.5, a person with whom that corporation does not deal at arm’s length and any partnership or trust of which that corporation, or a person with whom that corporation does not deal at arm’s length, is a member or beneficiary, but does not include the other corporation referred to in that section.

1989, c. 77, s. 84; 1995, c. 49, s. 168; 1997, c. 3, s. 71.

740.8. For the purposes of the definition of the expression “exempt share” in paragraph a of section 740.7, where, at any time after 5:00 p.m. Eastern Standard Time, 27 November 1986, the terms or conditions of a share of the capital stock of a corporation have been changed and any agreement in respect of the share has been changed or entered into by the corporation, the share is deemed to have been issued at that time.

1989, c. 77, s. 84; 1997, c. 3, s. 71.

740.9. For the purposes of paragraph a of section 740.5, any loss that an investor may sustain by virtue of the ownership, holding or disposition of the subject share referred to in that paragraph is deemed to include any loss with respect to an obligation or share that was issued or acquired as part of a transaction or event or a series of transactions or events that included the issuance or acquisition of the subject share, or a share for which the subject share was substituted.

1989, c. 77, s. 84.

740.10. For the purposes of subparagraph i of paragraph b of section 740.5, where it may reasonably be considered, having regard to all the circumstances, that a corporation has become related to any other corporation for the purpose of avoiding any limitation upon the deduction of a dividend under section 738, 740 or 845, the corporation is deemed not to be related to the other corporation.

1989, c. 77, s. 84; 1997, c. 3, s. 71.

741. Subject to sections 744.4 and 744.5, a taxpayer, other than a trust, shall subtract from the amount of any loss, determined without reference to this section, resulting from the disposition of a share that is capital property of the taxpayer, other than a share that is property of a partnership,

(a)  where the taxpayer is an individual, the lesser of

i.  the aggregate of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend, and

ii.  the amount of the loss, determined without reference to this section, reduced by the aggregate of all taxable dividends received by the taxpayer on the share; and

(b)  where the taxpayer is a corporation, the aggregate of all amounts received by the taxpayer on the share each of which is

i.  a taxable dividend, to the extent of the amount of the dividend that was deductible under sections 738 to 745 or section 845 in computing the taxpayer’s taxable income for any taxation year,

ii.  a dividend in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend, or

iii.  a life insurance capital dividend.

1972, c. 23, s. 559; 1972, c. 26, s. 57; 1975, c. 22, s. 203; 1978, c. 26, s. 131; 1984, c. 15, s. 172; 1996, c. 39, s. 198; 1997, c. 3, s. 71; 2001, c. 7, s. 89.

741.1. A dividend shall not be included in the aggregate determined under subparagraph i of paragraph a of section 741 or paragraph b of that section where the taxpayer referred to in that section establishes that

(a)  it was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the taxpayer owned throughout the 365-day period that ended immediately before the disposition of the share by the taxpayer.

2001, c. 7, s. 90.

741.2. Subject to sections 744.4 and 744.5, a taxpayer, other than a partnership or a mutual fund trust, who is a member of a partnership shall subtract from the taxpayer’s share of any loss of the partnership, determined without reference to this section, resulting from the disposition of a share held by a particular partnership as capital property,

(a)  where the taxpayer is an individual, the lesser of

i.  the aggregate of all amounts each of which is a dividend received by the taxpayer on the share in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend, and

ii.  that share of the loss, determined without reference to this section, reduced by the aggregate of all taxable dividends received by the taxpayer on the share;

(b)  where the taxpayer is a corporation, the aggregate of all amounts received by the taxpayer on the share each of which is

i.  a taxable dividend, to the extent of the amount of the dividend that was deductible under sections 738 to 745 or section 845 in computing the taxpayer’s taxable income for any taxation year,

ii.  a dividend in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend, or

iii.  a life insurance capital dividend; and

(c)  where the taxpayer is a trust, the aggregate of all amounts each of which is a taxable dividend or a life insurance capital dividend received on the share and designated under section 666 or 667 by the trust in respect of a beneficiary that was a corporation, partnership or trust.

2001, c. 7, s. 90.

741.3. A dividend shall not be included in the aggregate determined under subparagraph i of paragraph a of section 741.2 or paragraph b or c of that section where the taxpayer referred to in that section establishes that

(a)  it was received when the particular partnership referred to in section 741.2, the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not hold in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the particular partnership referred to in section 741.2 held throughout the 365-day period that ended immediately before the disposition of the share by the particular partnership.

2001, c. 7, s. 90.

741.4. A taxable dividend received on a share and designated under section 666 by a particular trust in respect of a beneficiary that was a partnership or trust shall not be included in the aggregate determined under paragraph c of section 741.2 where the particular trust establishes that the dividend was received by an individual, other than a trust.

2001, c. 7, s. 90.

742. Subject to sections 744.4 and 744.5, a trust, other than a mutual fund trust, shall subtract from the amount of any loss, determined without reference to this section, resulting from the disposition of a share of the capital stock of a corporation that is capital property of the trust, the aggregate of

(a)  the amount by which the lesser of the following amounts exceeds the amount determined under the second paragraph:

i.  the aggregate of all amounts each of which is a dividend received by the trust on the share in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend, and

ii.  the amount of the loss, determined without reference to this section, reduced by the aggregate determined in the third paragraph; and

(b)  the aggregate of the following amounts each of which is received on the share and designated under section 666 or 667 by the trust in respect of a beneficiary that was a corporation, partnership or trust:

i.  a taxable dividend, and

ii.  a life insurance capital dividend.

Where the trust referred to in the first paragraph is an individual’s succession, the share was acquired as a consequence of the individual’s death and the disposition of the share occurs during the trust’s first taxation year, the amount to which subparagraph a of the first paragraph refers is 1/2 of the lesser of

(a)  the amount of the loss, determined without reference to this section, resulting from the disposition of the share; and

(b)  the individual’s capital gain from the disposition of the share immediately before the individual’s death.

The aggregate to which subparagraph ii of subparagraph a of the first paragraph refers in respect of the trust referred to in that paragraph corresponds to the aggregate of all amounts each of which is the amount of a taxable dividend

(a)  received by the trust on the share referred to in the first paragraph;

(b)  received on the share referred to in the first paragraph and designated under section 666 by the trust in respect of a beneficiary who is an individual, other than a trust; or

(c)  received on the share referred to in the first paragraph and designated under section 666 by the trust in respect of a beneficiary that was a corporation, partnership or another trust where the trust establishes that

i.  it owned the share throughout the 365-day period that ended immediately before the disposition of the share by the trust, and

ii.  the dividend was received while the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received.

1972, c. 23, s. 560; 1975, c. 22, s. 204; 1984, c. 15, s. 172; 1996, c. 39, a. 199; 1997, c. 3, s. 71; 2001, c. 7, s. 91; 2003, c. 2, s. 209.

742.1. Notwithstanding section 742, where a trust has at any time acquired a share of the capital stock of a corporation because of section 653, the trust shall subtract from the amount of any loss, determined without reference to section 742 or this section, resulting from a disposition after that time, the aggregate of

(a)  the amount by which the lesser of the following amounts exceeds the amount determined under the second paragraph:

i.  the aggregate of all amounts each of which is a dividend received after that time by the trust on the share in respect of which an election was made under section 502 where section 502.0.1 does not deem the dividend to be a taxable dividend,

ii.  the amount of the loss determined without reference to section 742 or this section, reduced by the aggregate determined in the third paragraph; and

(b)  the aggregate of all amounts each of which is a taxable dividend received on the share after that time and designated under section 666 by the trust in respect of a beneficiary that was a corporation, partnership or trust.

The amount to which subparagraph a of the first paragraph refers in respect of a trust referred to in that paragraph is 1/2 of the lesser of

(a)  the amount of the loss, determined without reference to section 742 or this section, resulting from the disposition of the share referred to in the first paragraph;

(b)  the trust’s capital gain from the disposition immediately before the time referred to in the first paragraph of the share referred to in that paragraph because of section 653.

The aggregate to which subparagraph ii of subparagraph a of the first paragraph refers in respect of the trust referred to in the said paragraph corresponds to the aggregate of all amounts each of which is the amount of a taxable dividend

(a)  received by the trust on the share referred to in the first paragraph after the time of acquisition;

(b)  received on the share referred to in the first paragraph after the time of acquisition and designated under section 666 by the trust in respect of a beneficiary who is an individual, other than a trust; or

(c)  received on the share referred to in the first paragraph after the time of acquisition and designated under section 666 by the trust in respect of a beneficiary that was a corporation, partnership or another trust, where the trust establishes that

i.  it owned the share throughout the 365-day period that ended immediately before the disposition of the share, and

ii.  the dividend was received when the trust, the beneficiary and persons not dealing at arm’s length with the beneficiary owned in total less than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received.

2001, c. 7, s. 92; 2003, c. 2, s. 210.

742.2. No dividend received by a trust shall be included under subparagraph i of subparagraph a or subparagraph ii of subparagraph b of the first paragraph of section 742 or subparagraph i of subparagraph a of the first paragraph of section 742.1 where the trust establishes that the dividend

(a)  was received

i.  in any case where the dividend was designated under section 666 or 667 by the trust, when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or

ii.  in any other case, when the trust and persons with whom the trust was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.

2001, c. 7, s. 92.

742.3. No taxable dividend received on a share and designated under section 666 by a trust in respect of a beneficiary that was a corporation, partnership or trust shall be included under subparagraph b of the first paragraph of section 742 or 742.1 where the trust establishes that the dividend was received by an individual, other than a trust, or

(a)  was received when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition.

2001, c. 7, s. 92.

743. Subject to sections 744.4 and 744.5, a taxpayer, other than a trust, shall subtract from the amount of any loss, determined without reference to this section, resulting from the disposition of a share of the capital stock of a corporation that is property, other than capital property, of the taxpayer,

(a)  where the taxpayer is an individual and the corporation is resident in Canada, the aggregate of all dividends received by the individual on the share;

(b)  where the taxpayer is a partnership, the aggregate of all dividends received by the partnership on the share; and

(c)  where the taxpayer is a corporation, the aggregate of all amounts received by the corporation on the share each of which is

i.  a taxable dividend, to the extent of the amount of the dividend that was deductible under this Title or section 845 in computing the corporation’s taxable income for any taxation year, or

ii.  a dividend, other than a taxable dividend.

1972, c. 23, s. 561; 1975, c. 22, s. 205; 1978, c. 26, s. 132; 1985, c. 25, s. 126; 1987, c. 67, s. 152; 1993, c. 16, s. 279; 1995, c. 49, s. 169; 1996, c. 39, s. 200; 1997, c. 3, s. 71; 2001, c. 7, s. 93.

743.1. A dividend shall not be included in the aggregate determined under any of paragraphs a to c of section 743 where the taxpayer referred to in that section establishes that

(a)  it was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the taxpayer owned throughout the 365-day period that ended immediately before the disposition of the share by the taxpayer.

2001, c. 7, s. 94.

744. For the purposes of sections 83 to 85.6, a shareholder who holds a share of the capital stock of a corporation shall, in computing the fair market value of the share at any time, add to that value

(a)  where the shareholder is a corporation, the aggregate of all amounts received by the shareholder on the share before that time each of which is

i.  a taxable dividend, to the extent of the amount of the dividend that was deductible under this Title or section 845 in computing the shareholder’s taxable income for any taxation year, or

ii.  a dividend, other than a taxable dividend;

(b)  where the shareholder is a partnership, the aggregate of all amounts each of which is a dividend received by the shareholder on the share before that time; and

(c)  where the shareholder is an individual and the corporation is resident in Canada, the aggregate of all amounts each of which is a dividend received by the shareholder on the share before that time, or, where the shareholder is a trust, the aggregate of all amounts each of which is a dividend that would have been so received if this Part were read without reference to section 666.

1975, c. 22, s. 206; 1978, c. 26, s. 133; 1984, c. 15, s. 173; 1985, c. 25, s. 126; 1987, c. 67, s. 152; 1993, c. 16, s. 279; 1995, c. 49, s. 170; 1996, c. 39, s. 201; 1997, c. 3, s. 71; 2001, c. 7, s. 95.

744.0.1. A dividend shall not be included in the aggregate determined under any of paragraphs a to c of section 744 where the shareholder referred to in that section establishes that

(a)  it was received when the shareholder and persons with whom the shareholder was not dealing at arm’s length did not hold in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the shareholder held throughout the 365-day period that ended at the time referred to in section 744.

2001, c. 7, s. 96.

744.1. (Repealed).

1984, c. 15, s. 173; 1993, c. 16, s. 279; 1995, c. 49, s. 171; 1996, c. 39, s. 202; 1997, c. 3, s. 71; 2001, c. 7, s. 97.

744.2. Subject to sections 744.4 and 744.5, a trust shall subtract from the amount of any loss, determined without reference to this section, resulting from the disposition of a share that is property, other than capital property, of the trust, the aggregate of

(a)  the aggregate of all amounts each of which is a dividend received by the trust on the share, to the extent that the amount was not designated under section 667 in respect of a beneficiary of the trust; and

(b)  the aggregate of all amounts each of which is a dividend received on the share that was designated under section 666 or 667 by the trust in respect of a beneficiary of the trust.

1984, c. 15, s. 173; 1996, c. 39, s. 203; 2001, c. 7, s. 98.

744.2.1. A dividend shall not be included in the aggregate determined under paragraph a of section 744.2 where the trust referred to in that section establishes that

(a)  it was received when the trust and persons with whom the trust was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition of the share by the trust.

2001, c. 7, s. 99.

744.2.2. A dividend shall not be included in the aggregate determined under paragraph b of section 744.2 where the trust referred to in that section establishes that

(a)  it was received when the trust, the beneficiary and persons with whom the beneficiary was not dealing at arm’s length did not own in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received; and

(b)  it was received on a share that the trust owned throughout the 365-day period that ended immediately before the disposition of the share by the trust.

2001, c. 7, s. 99.

744.3. (Repealed).

1984, c. 15, s. 173; 1997, c. 3, s. 71; 2001, c. 7, s. 100.

744.4. The rules set out in sections 741 to 743 and 744.2 do not apply in respect of the disposition of a share by a taxpayer in a taxation year that begins after 31 October 1994 where the share is a mark-to-market property for the year and the taxpayer is a financial institution in the year or where section 744.6 applies in respect of the disposition.

1996, c. 39, s. 204; 2001, c. 7, s. 101.

744.5. In determining whether any of sections 741 to 743 and 744.2 apply to reduce a loss of a taxpayer from the disposition of a share, this Part shall be read without reference to paragraph b of sections 741.1, 741.3, 742.2, 742.3, 743.1, 744.2.1 and 744.2.2 and subparagraph i of subparagraph c of the third paragraph of sections 742 and 742.1 where

(a)  the disposition occurs, because of section 851.22.15, in a taxation year that includes 31 October 1994 or, because of paragraph b of section 851.22.23, after 30 October 1994; or

(b)  the share was a mark-to-market property of the taxpayer for a taxation year that begins after 31 October 1994 in which the taxpayer was a financial institution.

1996, c. 39, s. 204; 2001, c. 7, s. 102.

744.6. A taxpayer who disposes of a share at a particular time in a taxation year is deemed to dispose of it for the proceeds of disposition determined in the second paragraph where

(a)  the taxpayer is a financial institution in the year, the share is a mark-to-market property for the year, and the taxpayer received a dividend on the share at a time when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length held in total more than 5% of the issued shares of any class of the capital stock of the corporation that paid the dividend; or

(b)  the disposition is an actual disposition, the taxpayer did not hold the share throughout the 365-day period that ended immediately before the disposition, and the share was a mark-to-market property of the taxpayer for a taxation year that begins after 31 October 1994 and in which the taxpayer was a financial institution.

Subject to section 744.7, the proceeds of disposition referred to in the first paragraph are deemed to be the amount determined by the formula

A + B − (C − D).

For the purposes of the formula in the second paragraph,

(a)  A is the taxpayer’s proceeds of disposition of the share determined without reference to this section;

(b)  B is the lesser of

i.  the loss from the disposition of the share that would be determined before the application of this section if the cost of the share to any taxpayer were determined without reference to

(1)  sections 521 to 526 and 528, where the provisions of those sections apply because of subparagraph a of the second paragraph of section 832.3, and

(2)  sections 546 and 559, subparagraph a of the second paragraph of section 832.3, paragraph b of section 851.22.15 and paragraph d of section 851.22.23, and

ii.  the aggregate of all amounts each of which is

(1)  where the taxpayer is a corporation, a taxable dividend received by the taxpayer on the share, to the extent of the amount of the dividend that was deductible under any of sections 738 to 745, 845 and 1091 in computing the taxpayer’s taxable income or taxable income earned in Canada for any taxation year,

(2)  where the taxpayer is a partnership, a taxable dividend received by the taxpayer on the share, to the extent of the amount of the dividend that was deductible under any of sections 738 to 745, 845 and 1091 in computing the taxable income or taxable income earned in Canada for any taxation year of members of the partnership,

(3)  where the taxpayer is a trust, an amount designated under section 666 in respect of a taxable dividend on the share, or

(4)  a dividend, other than a taxable dividend, received by the taxpayer on the share;

(c)  C is the aggregate of all amounts each of which is the amount by which

i.  the taxpayer’s proceeds of disposition on a deemed disposition of the share before the particular time were increased because of this section,

ii.  where the taxpayer is a corporation or trust, a loss of the taxpayer on a deemed disposition of the share before the particular time was reduced because of section 741, 742, 743 or 744.2, or

iii.  where the taxpayer is a partnership, a loss of a member of the partnership on a deemed disposition of the share before the particular time was reduced because of the second paragraph of section 741 or section 744.1;

(d)  D is the aggregate of all amounts each of which is the amount by which the taxpayer’s proceeds of disposition on a deemed disposition of the share before the particular time were decreased because of this section.

1996, c. 39, s. 204; 1997, c. 3, s. 71; 2001, c. 7, s. 103.

744.6.1. A dividend shall not be included in the aggregate determined under subparagraph ii of subparagraph b of the third paragraph of section 744.6 in respect of a taxpayer referred to in that section unless

(a)  the dividend was received when the taxpayer and persons with whom the taxpayer was not dealing at arm’s length held in total more than 5% of the issued shares of any class of the capital stock of the corporation from which the dividend was received, or

(b)  the share was not held by the taxpayer throughout the 365-day period that ended before the disposition of the share by the taxpayer.

2001, c. 7, s. 104.

744.7. For the purpose of determining the cost of a share to a taxpayer on a deemed reacquisition of the share after a deemed disposition of the share, the taxpayer’s proceeds of disposition of the share shall be determined without reference to section 744.6.

1996, c. 39, s. 204.

744.8. Where a taxpayer disposes of a share at a particular time,

(a)  for the purpose of determining whether section 744.6 applies to the disposition, the conditions in the first paragraph of that section shall be applied without reference to a deemed disposition and reacquisition of the share before that time; and

(b)  any aggregate of amounts under the third paragraph of section 744.6 in respect of the disposition shall be determined from the time when the taxpayer actually acquired the share.

1996, c. 39, s. 204.

745. Subject to the second and third paragraphs, where a share, in this section referred to as the “new share”, has been acquired in exchange for another share, in this section referred to as the “old share”, in a transaction to which any of sections 301, 301.1 and 536 to 555.4 applies, for the purposes of any of sections 741 to 742.3 in respect of a disposition of the new share, the new share is deemed to be the same share as the old share.

For the purposes of the first paragraph, any dividend received on the old share is deemed for the purposes of sections 741 to 742.3 to have been received on the new share only to the extent of the proportion of the dividend that the shareholder’s adjusted cost base of the new share immediately after the exchange is of the shareholder’s adjusted cost base of all new shares, immediately after the exchange, acquired in exchange for the old share.

For the purposes of the first paragraph, the amount by which a loss from the disposition of the new share is reduced because of the application of this section shall not exceed the proportion of the shareholder’s adjusted cost base of the old share immediately before the exchange that the shareholder’s adjusted cost base of the new share immediately after the exchange is of the shareholder’s adjusted cost base of all new shares, immediately after the exchange, acquired in exchange for the old share.

1975, c. 22, s. 206; 1978, c. 26, s. 133; 1984, c. 15, s. 173; 1995, c. 49, s. 172; 1997, c. 3, s. 71; 2001, c. 7, s. 105.

746. A corporation resident in Canada which receives in a taxation year a dividend on a share that it owns of the capital stock of a foreign affiliate, may deduct from its income for the year in respect of that dividend:

(a)  such portion of the dividend as is prescribed to be paid out of the exempt surplus of the affiliate;

(b)  the product obtained when the amount by which the tax factor exceeds one is multiplied by the foreign tax prescribed to be applicable to the portion of the dividend prescribed to be paid out of the taxable surplus of the affiliate, without exceeding that portion of the dividend;

(c)  the lesser of the product obtained when the tax factor is multiplied by the non-business-income tax, within the meaning of section 772.2, paid by the corporation and applicable to such portion of the dividend as is prescribed to have been paid out of the taxable surplus of the affiliate, and the amount by which that portion of the dividend exceeds the amount deductible in respect thereof under subparagraph b; and

(d)  such part of the dividend as is prescribed to be paid out of the pre-acquisition surplus of the affiliate.

In addition, for the purposes of this section and sections 571 to 598, the corporation may make such elections as may be prescribed.

1972, c. 23, s. 562; 1972, c. 26, s. 58; 1975, c. 22, s. 207; 1984, c. 15, s. 174; 1995, c. 63, s. 55; 1997, c. 3, s. 71.

747. For the purposes of section 746, the expressions “tax factor”, “exempt surplus”, “taxable surplus” and “pre-acquisition surplus” have the meaning assigned them by regulation.

1975, c. 22, s. 208.

748. In the case provided for in section 746, such portion of any dividend received between the taxation years 1971 and 1976 of the affiliate as exceeds the amount deductible under paragraph d of that section is deemed, for the purposes of paragraph a of that section, to be the portion of the dividend prescribed to have been paid out of the exempt surplus of the affiliate.

1975, c. 22, s. 208; 1996, c. 39, s. 205.

749. Where, in the case referred to in section 746, the dividend is received by the corporation at a particular time in a taxation year ending after 1975 on a share it owned at the end of its taxation year 1975, it may deduct from its income for the year, in respect of that dividend, the lesser of the amount by which the dividend exceeds the deductions permitted in respect thereof for the year under sections 584 and 746 and the amount by which the adjusted cost base to the corporation of the share at the end of its taxation year 1975 exceeds the aggregate of:

(a)  (paragraph repealed);

(b)  the amounts that the corporation may deduct under paragraph d of section 746 for a taxation year ending after 1975 in respect of the dividends received by it on that share after its taxation year 1975 but before that time;

(c)  the amounts received by the corporation on that share after the end of its 1975 taxation year and before the particular time on a reduction of the paid-up capital of the foreign affiliate in respect of that share; and

(d)  the amounts deducted under this section in respect of the dividends received by it on the share before that time.

1975, c. 22, s. 208; 1977, c. 26, s. 82; 1980, c. 13, s. 67; 1997, c. 3, s. 71.

BOOK V COMPUTATION OF TAX

1972, c. 23.

TITLE I TAX PAYABLE BY INDIVIDUALS

1972, c. 23.

CHAPTER I GENERAL RULES

1972, c. 23.

749.1. In this Book, except for the purposes of sections 772.2 to 772.13, tax, whether referred to as tax payable under this Part or tax otherwise payable under this Part or referred to by any other similar expression, shall be computed as if this Part were read without reference to Book V.1.

1988, c. 4, s. 59; 1989, c. 5, s. 101; 1990, c. 59, s. 287; 1995, c. 1, s. 70; 1995, c. 63, s. 56; 1997, c. 85, s. 117; 2001, c. 53, s. 110.

750. The tax payable under this Part by an individual on the individual’s taxable income for a taxation year is equal to the aggregate of

(a)  16% of the lesser of $37,500 and the individual’s taxable income for that year;

(b)  20% of the amount by which the lesser of $75,000 and the individual’s taxable income for that year exceeds $37,500; and

(c)  24% of the amount by which the individual’s taxable income for that year exceeds $75,000.

1972, c. 23, s. 563; 1975, c. 22, s. 209; 1978, c. 26, s. 134; 1986, c. 15, s. 113; 1986, c. 72, s. 10; 1989, c. 5, s. 102; 1997, c. 85, s. 118; 2001, c. 51, s. 46; 2004, c. 21, s. 189; 2005, c. 1, s. 145; 2009, c. 5, s. 258.

750.1. The percentage to which sections 752.0.0.1, 752.0.0.4 to 752.0.0.6, 752.0.1, 752.0.7.4, 752.0.11, 752.0.13.1, 752.0.13.1.1, 752.0.14, 752.0.18.3, 752.0.18.8, 752.0.18.10, 752.0.18.13.1, 752.0.18.15, 768, 770, 776.41.14, 776.41.21 and 1015.3 refer is

(a)  22%, where the taxation year is the year 2000;

(b)  20.75%, where the taxation year is the year 2001; and

(c)  20%, where the taxation year is the year 2002 or a subsequent year.

2001, c. 51, s. 47; 2001, c. 53, s. 111; 2005, c. 1, s. 146; 2005, c. 23, s. 92; 2005, c. 38, s. 133; 2009, c. 5, s. 259.

750.2. Each of the amounts referred to in the fourth paragraph that must be used for a taxation year subsequent to the taxation year 2007 is to be adjusted annually in such a manner that the amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A / B) - 1.

In the formula provided for in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the first paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

The amounts to which the first paragraph refers are

(a)  the amounts of $37,500 and $75,000, wherever they are mentioned in section 750;

(b)  the amount of $10,215 mentioned in section 752.0.0.1;

(c)  the amounts of $1,860 and $2,705 mentioned in section 752.0.1;

(d)  the amount of $29,290 mentioned in section 752.0.7.1;

(e)  the amounts of $1,180, $1,465, $2,000 and $2,200, wherever they are mentioned in section 752.0.7.4;

(f)  the amount of $2,295 mentioned in section 752.0.14; and

(g)  the amounts of $6,650 and $1,860, wherever they are mentioned in section 776.41.14.

2001, c. 51, s. 47; 2005, c. 1, s. 147; 2005, c. 38, s. 134; 2009, c. 5, s. 260; 2009, c. 15, s. 134.

750.2.1. (Repealed).

2004, c. 21, s. 190; 2005, c. 1, s. 148.

750.3. Where the amount that results from the adjustment provided for in section 750.2 is not a multiple of $5, it shall be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher thereof.

2001, c. 51, s. 47; 2004, c. 21, s. 191; 2005, c. 1, s. 149.

751. (Repealed).

1972, c. 23, s. 564; 1973, c. 18, s. 24; 1982, c. 38, s. 12; 1982, c. 56, s. 15; 1988, c. 4, s. 60; 1998, c. 16, s. 184.

752. (Repealed).

1972, c. 23, s. 565; 1973, c. 17, s. 87; 1978, c. 26, s. 135; 1986, c. 15, s. 114; 1989, c. 5, s. 103; 1991, c. 8, s. 42; 1992, c. 1, s. 54; 1993, c. 19, s. 50; 1993, c. 64, s. 66.

CHAPTER I.0.1 PERSONAL TAX CREDITS

1989, c. 5, s. 104; 1999, c. 83, s. 84.

752.0.0.1. Subject to section 752.0.0.3, an individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by $10,215.

2005, c. 1, s. 150; 2005, c. 38, s. 135; 2009, c. 5, s. 261.

752.0.0.2. (Repealed).

2005, c. 1, s. 150; 2005, c. 38, s. 136; 2009, c. 5, s. 262.

752.0.0.3. If an individual is resident in Québec on the last day of a taxation year and is the beneficiary of a covered benefit attributable to that year, the amount in dollars referred to in section 752.0.0.1 that would otherwise be taken into account in computing the amount deductible by the individual for the year under section 752.0.0.1, with reference to section 750.2, is to be reduced by the aggregate of all amounts each of which is an amount determined for the year under any of sections 752.0.0.4 to 752.0.0.6.

In the first paragraph and sections 752.0.0.4 to 752.0.0.6, “covered benefit” attributable to a taxation year means an amount that is an income replacement indemnity, or a compensation for the loss of financial support, determined in that year under a public compensation plan and established on the basis of net income following an accident, employment injury or death or in order to prevent bodily injury, other than

(a)  an amount that is attributable to a period preceding the year;

(b)  an amount that is the net salary or wages paid by an employer, in accordance with the Act respecting industrial accidents and occupational diseases (chapter A-3.001), for each day or part of a day when a worker must be absent from work to receive care or undergo medical examinations in connection with the worker’s injury, or to take part in a personal rehabilitation program; or

(c)  an amount that replaces income described in paragraph e of section 725.

For the purposes of the first paragraph, if an individual dies or ceases to be resident in Canada in a taxation year, the last day of the individual’s taxation year is the day on which the individual died or the last day on which the individual was resident in Canada.

This section does not apply in respect of an individual’s separate fiscal return filed under the second paragraph of section 429 or section 681 or 1003.

2005, c. 38, s. 137; 2009, c. 5, s. 263.

752.0.0.4. If section 752.0.0.3 applies to an individual in respect of a covered benefit attributable to a taxation year and the amount of which is determined by the Commission de la santé et de la sécurité du travail, there shall be included in computing, for that year, the aggregate referred to in the first paragraph of section 752.0.0.3, an amount equal to the total of

(a)  in respect of a covered benefit attributable to the year and paid by an employer for the first 14 full days following the beginning of the individual’s disability, the lesser of the amounts determined by the following formulas:

i.  A × B, and

ii.  0.90 × C/D × E; and

(b)  in respect of a covered benefit attributable to the year, other than the covered benefit referred to in subparagraph a, for each day of the year for which the covered benefit is determined, in this section referred to as the “particular day”, the lesser of the amounts determined for the particular day by the following formulas:

i.  [(0.90 × A × F/G) - (A × H/G)] × (1 - I), and

ii.  [(0.90 × J / G) - K] × (1 - I).

In the formulas in the first paragraph,

(a)  A is the percentage obtained by dividing the percentage specified in paragraph a of section 750 that is applicable for the year by the percentage specified in section 750.1 for the year;

(b)  B is the total of the covered benefits attributable to the year and paid by the employer for the first 14 full days following the beginning of the individual’s disability;

(c)  C is the amount determined under the third paragraph of section 1015.3 that is applicable for the year;

(d)  D is the number of days in the year, excluding Saturdays and Sundays;

(e)  E is the number of days in the year, excluding Saturdays and Sundays, between the day on which the individual’s disability begins and the day on which the individual returns to work, but without exceeding 14 days;

(f)  F is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(g)  G is the number of days in the year;

(h)  H is the annual gross revenue from a suitable employment or employment held, for the particular day;

(i)  I is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(j)  J is the amount in dollars referred to in section 752.0.0.1 that is applicable for the year, with reference to section 750.2, to the extent that the amount is used by the Commission de la santé et de la sécurité du travail to establish the weighted net income for the purpose of computing, for the particular day, the covered benefit attributable to the year; and

(k)  K is the lesser of

i.  the amount obtained by multiplying the percentage determined for the year under subparagraph a by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by dividing the recognized amounts used to establish the weighted net income from a suitable employment or employment held, for the particular day, by the number of days in the year.

For the purposes of subparagraph h and subparagraph i of subparagraph k of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held that is taken into account in determining, for the particular day, the covered benefit attributable to the year, including the annual gross revenue from any benefit paid to the individual, because of a termination of employment, under an Act of Québec or of any other jurisdiction, other than the Act respecting industrial accidents and occupational diseases (chapter A-3.001), that is taken into account in determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year following that for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

For the purposes of subparagraph ii of subparagraph k of the second paragraph, “recognized amounts used to establish the weighted net income from a suitable employment or employment held”, for a particular day, means the amount in dollars referred to in section 752.0.0.1 that is applicable for the year, with reference to section 750.2, to the extent that the amount is used by the Commission de la santé et de la sécurité du travail to establish the weighted net income from a suitable employment or employment held, for the particular day.

2005, c. 38, s. 137; 2009, c. 5, s. 264.

752.0.0.5. If section 752.0.0.3 applies to an individual in respect of a covered benefit attributable to a taxation year and the amount of which is determined by the Société de l’assurance automobile du Québec, there shall be included in computing for that year the aggregate referred to in the first paragraph of section 752.0.0.3, an amount equal to the aggregate of all amounts each of which is, for each day of the year for which the covered benefit is determined, in this section referred to as the “particular day”, equal to the lesser of the amounts determined for the particular day by the following formulas:

(a)  {[(0.90 × A × B/C) - (D × A × E/C)] × (1 - F)} - G/C; and

(b)  {[(0.90 × H/C) - (D × I)] × (1 - F)} - G/C.

In the formulas in the first paragraph,

(a)  A is the percentage obtained by dividing the percentage specified in paragraph a of section 750 that is applicable for the year by the percentage specified in section 750.1 for the year;

(b)  B is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(c)  C is the number of days in the year;

(d)  D is,

i.  if only part of the net income from an employment held is used to reduce, for the particular day, the covered benefit attributable to the year, the percentage attributed under the public compensation plan in respect of that net income, and

ii.  in any other case, 100%;

(e)  E is the annual gross revenue from a suitable employment or employment held, for the particular day;

(f)  F is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(g)  G is the amount obtained by multiplying the percentage determined for the year under subparagraph a by the amount that is payable for the year as an old age pension or as a disability benefit payable under a plan established by a jurisdiction, other than Québec, that is equivalent to the plan established under the Act respecting the Québec Pension Plan, and that is, in determining, for the particular day, the covered benefit attributable to the year, used by the Société de l’assurance automobile du Québec to reduce the amount of that covered benefit;

(h)  H is the amount in dollars referred to in section 752.0.0.1 that is applicable for the year, with reference to section 750.2, to the extent that the amount is used by the Société de l’assurance automobile du Québec to establish the weighted net income for the purpose of computing, for the particular day, the covered benefit attributable to the year; and

(i)  I is the lesser of

i.  the amount obtained by multiplying the percentage determined for the year under subparagraph a by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by dividing the recognized amounts used to establish the weighted net income from a suitable employment or employment held, for the particular day, by the number of days in the year.

For the purposes of subparagraph e and subparagraph i of subparagraph i of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held that is taken into account in determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

For the purposes of subparagraph ii of subparagraph i of the second paragraph, “recognized amounts used to establish the weighted net income from a suitable employment or employment held”, for a particular day, means the amount in dollars referred to in section 752.0.0.1 that is applicable for the year, with reference to section 750.2, to the extent that the amount is used by the Société de l’assurance automobile du Québec to establish the weighted net income from a suitable employment or employment held, for the particular day.

2005, c. 38, s. 137; 2009, c. 5, s. 265.

752.0.0.6. If section 752.0.0.3 applies to an individual in respect of a covered benefit attributable to a taxation year and the amount of which is determined by an entity, other than the Commission de la santé et de la sécurité du travail and the Société de l’assurance automobile du Québec, there must be included in computing, for that year, the aggregate referred to in the first paragraph of section 752.0.0.3, an amount equal to the aggregate of all amounts each of which is, for each day of the year for which the covered benefit is determined (in this section referred to as the “particular day”), equal to the lesser of the amounts determined for the particular day by the following formulas:

(a)  {[(A × B × C/D) - (A × E × F/D)] × (1 - G)} - H/D; and

(b)  {[(B × I/D) - J] × (1 - G)} - H/D.

In the formulas in the first paragraph,

(a)  A is the percentage obtained by dividing the percentage specified in paragraph a of section 750 that is applicable for the year by the percentage specified in section 750.1 for the year;

(b)  B is the percentage that applies to the income insured by the public compensation plan for the purpose of determining, for the particular day, the covered benefit attributable to the year;

(c)  C is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with the public compensation plan, the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(d)  D is the number of days in the year; and

(e)  E is,

i.  if only a portion of the income, other than the recognized income on the date of the event giving rise to the covered benefit attributable to the year, is taken into consideration for the purpose of determining, for the particular day, the covered benefit attributable to the year, the percentage attributed under the public compensation plan in respect of that income, and

ii.  in any other case, 100%;

(f)  F is the annual gross revenue from a suitable employment or employment held, for the particular day;

(g)  G is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(h)  H is the amount obtained by multiplying the percentage determined for the year under subparagraph a by the amount that is, in determining, for the particular day, the covered benefit attributable to the year, used to reduce the amount of that covered benefit;

(i)  I is,

i.  if the taxation year is the year 2005, $9,330,

ii.  if the taxation year is the year 2006, $9,555,

iii.  if the taxation year is the year 2007, $9,745,

iv.  if the taxation year is the year 2008, $10,215, and

v.  if the taxation year is the year 2009 or a subsequent year, the amount in dollars referred to in section 752.0.0.1 that is applicable for the year, with reference to section 750.2; and

(j)  J is the lesser of

i.  the amount obtained by multiplying the percentage determined for the year under subparagraph a by the amount obtained by multiplying the percentage determined for the year under subparagraph e by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by multiplying the percentage determined for the year under subparagraph e by the amount obtained by dividing the amount determined for the year under subparagraph i by the number of days in the year.

For the purposes of subparagraph f and subparagraph i of subparagraph j of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held, including any other amount that replaces work income, that is taken into account in determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with the public compensation plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

2005, c. 38, s. 137; 2009, c. 5, s. 266.

752.0.1. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the aggregate of

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  for each person who is under 18 years of age throughout the year and who is a child of the individual if the person is a dependant of the individual in the year and if the person is not a person in respect of whom the individual’s eligible spouse for the year, within the meaning of sections 776.41.1 to 776.41.4, deducts an amount under section 776.41.5 from the eligible spouse’s tax otherwise payable for the year under this Part, $1,860 in respect of each completed term, without exceeding two, which began in the year and during which the person was in full-time attendance at an educational institution designated by the Minister of Education, Recreation and Sports for the purposes of the loans and bursaries program for full-time studies in vocational training at the secondary level and for full-time studies at the postsecondary level established under the Act respecting financial assistance for education expenses (chapter A-13.3), where the person was enrolled in an educational program referred to in section 752.0.2.1; and

(e)  (paragraph repealed);

(f)  $2,705 for each person, other than the individual’s spouse, who

i.  is related to the individual by blood, marriage or adoption,

ii.  during the year, is 18 years of age or over,

iii.  during the year, ordinarily lives with the individual,

iv.  during the year, is dependent for support on the individual, and

v.  is not a person in respect of whom

(1)  the individual’s eligible spouse for the year, within the meaning of sections 776.41.1 to 776.41.4, deducts an amount under section 776.41.5 from the eligible spouse’s tax otherwise payable for the year under this Part, or

(2)  an individual deducts an amount under section 776.41.14 from the individual’s tax otherwise payable for the year under this Part;

(g)  (paragraph repealed);

(h)  (paragraph repealed);

(i)  (paragraph repealed);

(j)  (paragraph repealed).

1989, c. 5, s. 104; 1990, c. 7, s. 60; 1991, c. 8, s. 43; 1992, c. 1, s. 55; 1993, c. 19, s. 51; 1995, c. 1, s. 71; 1997, c. 14, s. 109; 1997, c. 31, s. 77; 1997, c. 85, s. 119; 1999, c. 83, s. 85; 2001, c. 51, s. 48; 2003, c. 9, s. 66; 2004, c. 21, s. 192; 2005, c. 1, s. 151; 2005, c. 28, s. 195; 2005, c. 38, s. 138; 2009, c. 5, s. 267.

752.0.1.1. If, for the purpose of establishing the amount that an individual may deduct from the individual’s tax otherwise payable for a taxation year under section 752.0.1, the individual includes, in the aggregate referred to in that section, an amount under paragraph f of that section in respect of a person who reaches 18 years of age in the year, the amount that would otherwise be applicable for the year under that paragraph is to be replaced by the proportion of that amount that the number of months in the year that follow the month in which that person reaches 18 years of age is of 12.

2005, c. 1, s. 152; 2005, c. 38, s. 139; 2009, c. 5, s. 268.

752.0.1.2. (Repealed).

2005, c. 1, s. 152; 2006, c. 13, s. 57; 2009, c. 5, s. 269.

752.0.2. The amount to which an individual is entitled under section 752.0.1 in respect of one person for a taxation year must be reduced by an amount equal to 80% of the amount that is the person’s income for the year under this Part or, if the person was not resident in Canada throughout the year, that would be the person’s income for the year under this Part, computed as if the person had been resident in Québec and in Canada throughout the year or, if the person died in the year, throughout the period of the year preceding the time of death.

For the purposes of the first paragraph, the income of a person for a taxation year under this Part must be computed without reference to paragraph g of section 312 and Chapter VII.1 of Title VI of Book III.

1989, c. 5, s. 104; 1995, c. 1, s. 72; 1997, c. 85, s. 120; 2002, c. 40, s. 67; 2003, c. 9, s. 67; 2005, c. 1, s. 153; 2009, c. 5, s. 270.

752.0.2.1. An educational program to which paragraph d of section 752.0.1 refers means any of the following programs that provides that each student taking the program spend not less than 9 hours per week on courses or work in the program:

(a)  where the educational institution is situated in Québec, an educational program recognized by the Minister of Education, Recreation and Sports for the purposes of the loans and bursaries program for full-time studies in vocational training at the secondary level and for full-time studies at the postsecondary level established under the Act respecting financial assistance for education expenses (chapter A-13.3); and

(b)  where the educational institution is situated outside Québec, an educational program at the college level or at the university level or the equivalent.

If the student is a person who is deemed to be pursuing studies on a full-time basis under section 752.0.2.2, the first paragraph is to be read as if “spend not less than nine hours per week on courses or work in the program” was replaced by “receive a minimum of 20 hours of instruction per month”.

2001, c. 51, s. 49; 2005, c. 28, s. 195; 2005, c. 38, s. 140.

752.0.2.2. For the purposes of paragraph d of section 752.0.1, a person is deemed to be pursuing studies on a full-time basis during a taxation year if the person has a major functional deficiency within the meaning of the Regulation respecting financial assistance for education expenses (chapter A-13.3, r. 1), and the person, for this reason, pursues studies on a part-time basis during that taxation year.

2005, c. 38, s. 141.

752.0.3. A deduction may be granted under section 752.0.1, by virtue of paragraph d of that section, only if the enrolment at an educational institution in an educational program referred to in section 752.0.2.1 is proven by filing with the Minister a certificate in a prescribed form issued by the educational institution and containing the prescribed information.

1989, c. 5, s. 104; 1994, c. 22, s. 350; 1997, c. 85, s. 121; 2001, c. 51, s. 50.

752.0.4. (Repealed).

1989, c. 5, s. 104; 2003, c. 9, s. 68; 2005, c. 1, s. 154; 2009, c. 5, s. 271.

752.0.5. (Repealed).

1989, c. 5, s. 104; 2005, c. 1, s. 155.

752.0.5.1. (Repealed).

1999, c. 83, s. 86; 2005, c. 1, s. 155.

752.0.5.2. (Repealed).

2003, c. 9, s. 69; 2005, c. 1, s. 156; 2009, c. 5, s. 272.

752.0.6. (Repealed).

1989, c. 5, s. 104; 1994, c. 22, s. 256; 1998, c. 16, s. 185; 2003, c. 9, s. 70.

752.0.7. Where, for a taxation year, more than one individual is entitled to deduct an amount under sections 752.0.1 to 752.0.3 in respect of the same dependant, the following rules apply:

(a)  the amount that an individual could deduct, but for this section, for the year under sections 752.0.1 to 752.0.3 in respect of that person shall be reduced to the proportion of that amount determined, in respect of the individual, by all the individuals who would so be entitled to a deduction for the year under those sections in respect of that person;

(b)  the aggregate of the proportions determined for the purposes of paragraph a by all the individuals, in respect of that person, shall in no case exceed 1 for the year; and

(c)  where the aggregate of the proportions determined for the purposes of paragraph a exceeds 1 for the year, the Minister may fix the amount deductible by each individual for the year under those sections in respect of that person.

1989, c. 5, s. 104; 2003, c. 9, s. 71; 2005, c. 1, s. 157; 2009, c. 5, s. 273.

CHAPTER I.0.2 TAX CREDIT FOR PERSONS LIVING ALONE, WITH RESPECT TO AGE AND FOR RETIREMENT INCOME

1989, c. 5, s. 104; 1997, c. 85, s. 122.

752.0.7.1. In this chapter,

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“family income” of an individual for a taxation year means the amount by which the aggregate of the income of the individual for the year and the income, for the year, of the individual’s eligible spouse for the year exceeds $29,290.

1997, c. 85, s. 123; 2003, c. 9, s. 72; 2005, c. 1, s. 158; 2009, c. 5, s. 274.

752.0.7.2. (Repealed).

1997, c. 85, s. 123; 2003, c. 9, s. 73.

752.0.7.3. For the purposes of the definition of “family income” in section 752.0.7.1, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, where the individual died in the year, throughout the period of the year preceding the time of death.

1997, c. 85, s. 123; 2001, c. 53, s. 112; 2003, c. 9, s. 74.

752.0.7.4. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the amount by which the aggregate of the following amounts exceeds 15% of the individual’s family income for the year:

(a)  in respect of the individual,

i.  $1,180, if the following conditions are complied with:

(1)  (subparagraph repealed);

(2)  the individual ordinarily lives, throughout the year or, if the individual dies in the year, throughout the period of the year before the time of death, in a self-contained domestic establishment maintained by the individual and in which no person, other than the individual, a person under 18 years of age or a person of whom the individual is the father or mother and who is an eligible student for the year, within the meaning of section 776.41.12, lives during the year or, if the individual dies in the year, during the period of the year before the time of death, and

(3)  the individual or, if the individual is deceased, the individual’s legal representative files with the Minister, for the year, in relation to the self-contained domestic establishment, a prescribed document or, if the individual is unable to file such a document, the prescribed form, on or before the individual’s filing-due date for the year;

i.1.  $1,465, if the individual complies with the conditions set out in subparagraphs 2 and 3 of subparagraph i and

(1)  the individual lives in the year with an eligible student referred to in subparagraph 2 of subparagraph i, and

(2)  at the end of the year or on the date of the individual’s death, the individual has no child in respect of whom the individual is entitled to an amount deemed under section 1029.8.61.18, for the last month of the year, to be an overpayment of the individual’s tax payable;

ii.  the lesser of $2,000 and the amount referred to in section 752.0.8 in respect of the individual for the year;

iii.  where the individual has attained the age of 65 years before the end of the year, $2,200;

(b)  in respect of the individual’s eligible spouse for the year,

i.  $1,180, if the following conditions are complied with:

(1)  (subparagraph repealed);

(2)  the eligible spouse ordinarily lives, throughout the year, in a self-contained domestic establishment maintained by the eligible spouse and in which no person, other than the eligible spouse, a person under 18 years of age or a person of whom the eligible spouse is the father or mother and who is an eligible student for the year, within the meaning of section 776.41.12, lives during the year, and

(3)  the individual files with the Minister, for the year, in respect of the self-contained domestic establishment, a prescribed document or, if the individual is unable to file such a document, the prescribed form, on or before the individual’s filing-due date for the year, except where the document or the form is otherwise filed with the Minister for the year by the eligible spouse;

i.1.  $1,465, if the eligible spouse complies with the conditions set out in subparagraphs 2 and 3 of subparagraph i and

(1)  the eligible spouse lives in the year with an eligible student referred to in subparagraph 2 of subparagraph i, and

(2)  at the end of the year or on the date of the eligible spouse’s death, the eligible spouse has no child in respect of whom the eligible spouse is entitled to an amount deemed under section 1029.8.61.18, for the last month of the year, to be an overpayment of the eligible spouse’s tax payable;

ii.  the lesser of $2,000 and the amount referred to in section 752.0.8 in respect of the eligible spouse for the year;

iii.  where the eligible spouse has attained the age of 65 years before the end of the year, $2,200.

1997, c. 85, s. 123; 1999, c. 83, s. 87; 2001, c. 51, s. 51; 2002, c. 40, s. 68; 2003, c. 9, s. 75; 2005, c. 1, s. 159; 2009, c. 5, s. 275; 2009, c. 15, s. 135.

752.0.7.4.1. If, for the purpose of establishing the amount that an individual may deduct from the individual’s tax otherwise payable for a taxation year under section 752.0.7.4, the individual includes, in the aggregate referred to in that section, a particular amount under subparagraph i.1 of paragraph a or b of section 752.0.7.4 and the individual or the individual’s eligible spouse for the year was entitled to receive, for a month of the year, an amount deemed under section 1029.8.61.18 to be an overpayment of their tax payable for the year, the particular amount that would otherwise be applicable for the year under that paragraph is to be reduced by the proportion of that particular amount that the number of months in the year in respect of which the individual or the individual’s eligible spouse was entitled to such a deemed amount is of 12.

2009, c. 5, s. 276.

752.0.7.5. Where, for a taxation year, a particular individual to whom section 752.0.7.4 applies has an eligible spouse for the year who is also an individual to whom that section applies,

(a)  the amount deductible by the particular individual for the year under that section 752.0.7.4, determined without reference to this section, shall be reduced by such portion of the amount as is designated in respect of the particular individual by the particular individual and the eligible spouse in prescribed form filed by the particular individual with the individual’s fiscal return under this Part for the year;

(b)  the amount deductible by the eligible spouse for the year under section 752.0.7.4, determined without reference to this section, shall be reduced by the amount determined for the year under paragraph a in respect of the particular individual;

(c)  where the particular individual and the eligible spouse cannot agree on the portion of the amount that may be designated for the year in accordance with paragraph a in respect of the particular individual, the Minister may designate such portion and, for the purposes of paragraph a, the designation is deemed to have been made in prescribed form by the particular individual and the eligible spouse; and

(d)  the amount determined for the year under paragraph a in respect of the particular individual and the amount determined for the year under paragraph b in respect of the eligible spouse are deemed to be the amount deductible by the particular individual for the year under that section 752.0.7.4 and the amount so deductible by the eligible spouse for the year, respectively.

1997, c. 85, s. 123.

752.0.7.6. An individual who has an eligible spouse for a taxation year is entitled to the deduction under section 752.0.7.4 for the taxation year only if the individual files with the Minister, together with the individual’s fiscal return under this Part for the year, a certificate from the spouse in prescribed form.

1997, c. 85, s. 123.

752.0.8. The amount to which subparagraph ii of paragraph a of section 752.0.7.4 refers for a taxation year in respect of an individual or, as the case may be, the amount to which subparagraph ii of paragraph b of that section refers for a taxation year in respect of an individual’s eligible spouse for the year is equal to the aggregate of the following amounts:

(a)  the aggregate of all amounts each of which is an amount included in computing the individual’s or, as the case may be, the eligible spouse’s income for the year that is

i.  a payment in respect of a life annuity out of or under a pension plan,

ii.  an annuity payment under a registered retirement savings plan or under a new plan as referred to in section 914 or under an annuity in respect of which an amount is included in computing the individual’s or, as the case may be, the eligible spouse’s income by reason of paragraph c.2 of section 312,

iii.  a payment out of or under a registered retirement income fund or under an amended fund as referred to in section 961.9,

iii.1.  a payment, other than a payment described in subparagraph i, payable on a periodic basis under a money purchase provision, within the meaning assigned by section 965.0.1, of a registered pension plan,

iv.  an annuity payment under a deferred profit sharing plan or under a plan the registration of which is revoked by virtue of subsection 14 or 14.1 of section 147 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)),

v.  a payment described in subparagraph v of paragraph k of subsection 2 of section 147 in the English text of the Income Tax Act, or

vi.  the amount by which an annuity payment included in computing the individual’s or, as the case may be, the eligible spouse’s income for the year under paragraph c of section 312, other than an income-averaging annuity payment respecting income from artistic activities, exceeds the capital element of that payment as determined under paragraph f of section 336; and

(b)  the aggregate of all amounts each of which is an amount included in computing the individual’s or, as the case may be, the eligible spouse’s income for the year by reason of sections 92.11 to 92.19.

1989, c. 5, s. 104; 1991, c. 25, s. 90; 1993, c. 16, s. 280; 1997, c. 14, s. 110; 1997, c. 85, s. 124; 1998, c. 16, s. 251; 2005, c. 23, s. 93; 2007, c. 12, s. 85; 2009, c. 15, s. 136.

752.0.9. (Repealed).

1989, c. 5, s. 104; 1991, c. 25, s. 91; 1994, c. 22, s. 257; 1997, c. 14, s. 111; 1997, c. 85, s. 125; 1999, c. 83, s. 88.

752.0.10. The amounts described in section 752.0.8 do not include any amount that is

(a)  the amount of any pension, supplement or allowance received under the Old Age Security Act (R.S.C. 1985, c. O-9) or a similar payment made under a provincial law;

(b)  the amount of any benefit paid under the Act respecting the Québec Pension Plan (chapter R-9) or under a similar plan within the meaning of the said Act;

(c)  a death benefit;

(d)  the amount by which a particular amount required to be included in computing the individual’s income for the year exceeds the amount by which the particular amount exceeds the aggregate of all amounts each of which is deducted otherwise than under the first paragraph of section 336.11 by the individual for the year in respect of that particular amount;

(e)  an amount received out of or under a retirement compensation arrangement, a salary deferral arrangement, an employee trust, an employee benefit plan, or a prescribed provincial pension plan;

(e.1)  a payment, other than a payment under the Judges Act (R.S.C. 1985, c. J-1) or the Lieutenant Governors Superannuation Act (R.S.C. 1985, c. L-8), received out of or under an unfunded supplemental plan or arrangement, being a plan or arrangement where

i.  the payment was in respect of services rendered to an employer by the individual or the individual’s spouse or former spouse as an employee, and

ii.  the plan or arrangement would have been a retirement compensation arrangement or an employee benefit plan had the employer made a contribution in respect of the payment to a trust governed by the plan or arrangement; or

(f)  an amount that is

i.  an amount included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year,

ii.  the part of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period, or

iii.   the part of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres (chapter C-8.3), in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period.

1989, c. 5, s. 104; 1997, c. 31, s. 78; 1999, c. 83, s. 89; 1999, c. 86, s. 99; 2000, c. 39, s. 59; 2001, c. 53, s. 113; 2003, c. 9, s. 76; 2004, c. 21, s. 193; 2005, c. 38, s. 142; 2009, c. 5, s. 277.

752.0.10.0.1. For the purposes of section 752.0.8, a payment in respect of a life annuity under a pension plan is deemed to include a payment in respect of bridging benefits, being benefits payable under a registered pension plan on a periodic basis and not less frequently than annually to an individual if

(a)  the individual or the individual’s spouse or former spouse was a member, within the meaning of section 965.0.1, of the registered pension plan;

(b)  the benefits are payable for a period that ends no later than the end of the month following the month in which the member reaches 65 years of age or would have reached that age but for the member’s death; and

(c)  the amount, expressed on an annual basis, of the benefits payable to the individual for a calendar year does not exceed the total of the maximum amount of benefits payable for that year under Part I of the Old Age Security Act (R.S.C. 1985, c. O-9) and the maximum amount of benefits, other than disability, death or survivor benefits, payable for that year under either the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan within the meaning of paragraph u of section 1 of that Act.

2009, c. 5, s. 278.

CHAPTER I.0.2.1 TAX CREDIT FOR GIFTS

1993, c. 64, s. 67.

752.0.10.1. In this chapter,

“excepted gift” of an individual means the gift of a share made by the individual if

(a)  the donee is not a private foundation;

(b)  the individual deals at arm’s length with the donee; and

(c)  where the donee is a charitable organization or a public foundation, the individual deals at arm’s length with each director, trustee, officer and like official of the donee;

“non-qualifying security” of an individual at any time means

(a)  an obligation, other than an obligation of a financial institution described in the second paragraph to repay an amount deposited with the institution or an obligation listed on a designated stock exchange, of the individual or the individual’s succession or of any person or partnership with whom or with which the individual or the succession does not deal at arm’s length immediately after that time;

(b)  a share, other than a share listed on a designated stock exchange, of the capital stock of a corporation with which the individual or the succession or, if the individual is a trust, a person affiliated with the trust, does not deal at arm’s length immediately after that time;

(b.1)  a beneficial interest of the individual or the succession in a trust that

i.  immediately after that time is affiliated with the individual or the succession, or

ii.  holds, immediately after that time, a non-qualifying security of the individual or succession, or held, at or before that time, a share described in paragraph b that is, after that time, held by the donee; or

(c)  any other security, other than a security listed on a designated stock exchange, issued or contracted by the individual or the succession or by any person or partnership with which the individual or the succession does not deal at arm’s length immediately after that time or, if the person is a trust, with which the individual or the succession is affiliated immediately after that time;

“qualified property” means property that is

(a)  land situated in Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value;

(b)  a real servitude granted for the benefit of land belonging to an entity referred to in paragraph a or b of the definition of “total gifts of qualified property” and encumbering the whole or part of land situated in Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value;

(c)  land situated in a region bordering on Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage; or

(d)  a real servitude granted for the benefit of land belonging to an entity referred to in paragraph c or d of the definition of “total gifts of qualified property” and encumbering the whole or part of land situated in a region bordering on Québec which, in the opinion of the Minister of Sustainable Development, Environment and Parks, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage;

“qualified total charitable gifts” of an individual for a taxation year means

(a)  where the individual dies in the year or the subsequent taxation year, the lesser of the individual’s income for the year and the total charitable gifts of the individual for the year;

(a.1)  where the individual is, in the year, a member of a religious order and has taken vows of perpetual poverty, except where paragraph a applies to the individual for the year, the lesser of the individual’s income for the year and the aggregate of

i.  the total religious order gifts of the individual for the year, and

ii.  the lesser of the amount by which the total charitable gifts of the individual for the year exceeds the total religious order gifts of the individual for the year and the amount determined by the formula

0.75 × A + 0.25 × (B + C + D - E); and

(b)  in any other case, the least of the individual’s income for the year, the total charitable gifts of the individual for the year and the amount determined by the formula

0.75 × A + 0.25 × (B + C + D - E);

“total charitable gifts” of an individual for a taxation year means the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift described in the definitions of “total Crown gifts” of the individual for the year, “total cultural gifts” of the individual for the year, “total gifts of qualified property” of the individual for the year and “total musical instrument gifts” of the individual for the year, made by the individual in the year or in any of the five preceding taxation years, if the conditions set out in section 752.0.10.2 are met in respect of that amount, to

(a)  a registered charity,

(b)  a registered Canadian amateur athletic association,

(b.1)  a registered Québec amateur athletic association, if the gift is made after 30 March 2004,

(c)  a recognized arts organization if the gift is made before 30 June 2006,

(c.1)  a recognized political education organization if the gift is made after 18 December 2002,

(c.2)  a registered museum if the gift is made after 23 March 2006,

(c.3)  a registered cultural or communications organization if the gift is made after 29 June 2006,

(d)  a housing corporation resident in Canada and exempt from tax under paragraph b of section 995,

(e)  a Canadian municipality,

(e.0.1)  a municipal or public body performing a function of government in Canada,

(e.1)  the Organisation internationale de la Francophonie or any of its subsidiary bodies, if the gift is made after 30 March 2004,

(f)  the United Nations or its agencies,

(g)  a prescribed foreign university the student body of which ordinarily includes students from Canada,

(h)  a foreign charitable organization to which the State or Her Majesty in right of Canada or a province, other than Québec, has made a gift during the individual’s taxation year or during the twelve months preceding that year, or

(i)  the State or to Her Majesty in right of Canada or a province, other than Québec;

“total Crown gifts” of an individual for a taxation year means the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift described in the definition of “total cultural gifts” of the individual for the year, made by the individual before 1 April 1998 or pursuant to an obligation in writing entered into on or before 31 March 1998, in the year or in any of the five preceding taxation years to the State or to Her Majesty in right of Canada or a province, other than Québec, if the conditions set out in section 752.0.10.2 are met in respect of that amount;

“total cultural gifts” of an individual for a taxation year means the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift the eligible amount of which is included in the total musical instrument gifts of the individual for the year, made by the individual in the year or in any of the five preceding taxation years, if the conditions set out in section 752.0.10.2 are met in respect of that amount, to

(a)  an institution or public authority referred to in subparagraph a of the third paragraph of section 232, where the object of the gift is a cultural property described in that paragraph; or

(b)  a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44), a certified archival centre or a recognized museum, if the gift has as its object a cultural property described in subparagraph c of the third paragraph of section 232, unless it is also described in subparagraph a of that third paragraph;

“total gifts of qualified property” of an individual for a taxation year means the aggregate of all amounts each of which is the eligible amount of a gift the fair market value of which is certified by the Minister of Sustainable Development, Environment and Parks, other than a gift described in the definitions of “total Crown gifts” of the individual for the year, “total cultural gifts” of the individual for the year and “total musical instrument gifts” of the individual for the year, made by the individual in the year or in any of the five preceding taxation years, if the conditions set out in section 752.0.10.2 are met in respect of that amount, to

(a)  a registered charity whose mission in Québec, at the time of the gift, consists mainly, in the opinion of the Minister of Sustainable Development, Environment and Parks, in the conservation of the ecological heritage, if the object of the gift is property referred to in paragraph a or b of the definition of “qualified property” ;

(b)  the State, Her Majesty in right of Canada, a municipality in Québec or a municipal or public body performing a function of government in Québec, if the object of the gift is property referred to in paragraph a or b of the definition of “qualified property” ;

(c)  a registered charity one of whose main missions, at the time of the gift, consists mainly, in the opinion of the Minister of the Environment of Canada, in the conservation and protection of Canada’s environmental heritage and that is, in the opinion of the Minister of Sustainable Development, Environment and Parks, an appropriate donee in the circumstances, if the object of the gift is property referred to in paragraph c or d of the definition of “qualified property” ; or

(d)  the State, Her Majesty in right of Canada or a province, other than Québec, the United States or any state of that country, a municipality or a municipal or public body performing a function of government, if the object of the gift is property referred to in paragraph c or d of the definition of “qualified property” ;

“total musical instrument gifts” of an individual for a taxation year means the aggregate of all amounts each of which is the eligible amount of a gift the object of which is a musical instrument, made by the individual in the year or in any of the five preceding taxation years to any of the following entities, if it is situated in Québec and if the conditions set out in paragraph b of section 752.0.10.2 are met in respect of that amount:

(a)  an elementary or secondary educational institution to which the Education Act (chapter I-13.3) or the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14) applies;

(b)  a college governed by the General and Vocational Colleges Act (chapter C-29);

(c)  a private educational institution accredited for purposes of subsidies under the Act respecting private education (chapter E-9.1);

(d)  an educational institution at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1); and

(e)  an institution providing instruction in music and forming part of the network of the Conservatoire de musique et d’art dramatique du Québec;

“total religious order gifts” of an individual who is a member of a religious order and has taken vows of perpetual poverty, for a taxation year, means the aggregate of all amounts each of which is the fair market value of a gift, otherwise included in the total charitable gifts of the individual for the year, that the individual made to a religious order that qualifies as a registered charity.

For the purposes of paragraphs c and d of the definition of “qualified property” in the first paragraph, a region bordering on Québec is a province or a state of the United States sharing a common border with Québec.

For the purposes of paragraph a of the definition of “non-qualifying security” in the first paragraph, “financial institution” means a corporation that is

(a)  a member of the Canadian Payments Association; or

(b)  a savings and credit union that is a member or shareholder of a body corporate, in this Act referred to as a corporation, or organization that is a central for the purposes of the Canadian Payments Association Act (R.S.C. 1985, c. C-21).

In the formulas provided for in subparagraph ii of paragraph a.1 and paragraph b of the definition of “qualified total charitable gifts” in the first paragraph,

(a)  A is the individual’s income for the year;

(b)  B is the aggregate of all amounts each of which is equal to that proportion of the individual’s taxable capital gain for the year in respect of a gift made by the individual in the year and in respect of which gift an eligible amount is included in the individual’s total charitable gifts for the year, that the eligible amount of the gift is of the individual’s proceeds of disposition in respect of the gift;

(c)  C is the aggregate of all amounts each of which is a taxable capital gain of the individual for the year, because of the application of section 234.0.1, from the disposition of a property in a preceding taxation year;

(d)  D is the aggregate of all amounts each of which is determined in respect of the individual’s depreciable property of a prescribed class and equal to the lesser of

i.  the amount included under section 94 in respect of the class in computing the individual’s income for the year, and

ii.  the aggregate of the amounts determined in respect of a disposition that is the making of a gift of a property of the class made by the individual in the year and in respect of which gift an eligible amount is included in the individual’s total charitable gifts for the year, each of which is equal to the lesser of

(1)  that proportion of the amount by which the proceeds of disposition of the property exceed any outlays made or expenses incurred by the individual for the purpose of making the disposition, that the eligible amount of the gift is of the individual’s proceeds of disposition in respect of the gift, and

(2)  that proportion of the capital cost to the individual of the property that the eligible amount of the gift is of the individual’s proceeds of disposition in respect of the gift; and

(e)  E is the aggregate of all amounts each of which is the portion of an amount deducted under Title VI.5 of Book IV in computing the individual’s taxable income for the year that may reasonably be considered to relate to a gift referred to in paragraph b or c.

1993, c. 64, s. 67; 1994, c. 22, s. 350; 1995, c. 1, s. 73; 1995, c. 49, s. 173; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1998, c. 16, s. 251; 1999, c. 36, s. 160; 1999, c. 83, s. 90; 2000, c. 5, s. 162; 2001, c. 7, s. 169; 2003, c. 2, s. 211; 2003, c. 9, s. 77; 2004, c. 21, s. 194; 2005, c. 23, s. 94; 2006, c. 3, s. 35; 2006, c. 36, s. 65; 2009, c. 5, s. 279; 2009, c. 15, s. 137; 2010, c. 5, s. 59.

752.0.10.2. The conditions referred to in section 752.0.10.1 in respect of an amount for a taxation year in relation to an individual are as follows:

(a)  the amount was not deducted in computing the individual’s taxable income for a taxation year ending before 1 January 1993;

(b)  the amount was not taken into account in determining an amount that was deducted under this chapter in computing the individual’s tax payable under this Part for a preceding taxation year, or in determining an amount that was deducted under section 118.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing the individual’s tax payable under that Act for a preceding taxation year in respect of which the individual was not subject to tax under this Part.

1993, c. 64, s. 67; 1995, c. 1, s. 74; 1995, c. 63, s. 544; 1997, c. 14, s. 112.

752.0.10.3. The amount representing the eligible amount of a gift is not to be included in the total charitable gifts, total Crown gifts, total cultural gifts, total gifts of qualified property or total musical instrument gifts of an individual for a taxation year, unless the making of the gift is proven by

(a)  a receipt for the gift filed with the Minister that meets the prescribed requirement and contains in a clear and unalterable manner the prescribed statement and the prescribed information; and

(b)  in the case of a gift described in paragraph a of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1, the certificate issued under subsection 1 of section 33 of the Cultural Property Export and Import Act (R.S.C. 1985, c. C-51).

1993, c. 64, s. 67; 1994, c. 22, s. 258; 1995, c. 1, s. 75; 1995, c. 49, s. 236; 2003, c. 2, s. 212; 2006, c. 36, s. 66; 2009, c. 5, s. 280.

752.0.10.3.1. An organization or a donee shall meet the prescribed requirements in respect of a spoiled receipt form.

For the purposes of the first paragraph, “donee”, “receipt form” and “organization” have the meanings assigned by the regulations under section 752.0.10.3.

1994, c. 22, s. 259.

752.0.10.3.2. For the purpose of applying subparagraph ii of paragraph c of section 422, section 436 and this chapter in respect of a gift made by an individual the subject of which is a qualified property, the fair market value of the gift at the time the gift was made or, for the purposes of section 752.0.10.12, the fair market value otherwise determined of the gift at that time and, subject to section 752.0.10.12, the individual’s proceeds of disposition of the property that is the subject of the gift, are deemed to be equal to the amount determined by the Minister of Sustainable Development, Environment and Parks to be

(a)   where the subject of the gift is land, the fair market value of the gift; or

(b)   where the subject of the gift is a servitude referred to in paragraph b or d of the definition of “qualified property” in the first paragraph of section 752.0.10.1, the greater of its fair market value otherwise determined and the amount by which the fair market value of the land encumbered by the servitude has been reduced as a result of the making of the gift of the servitude.

1999, c. 83, s. 91; 2003, c. 2, s. 213; 2003, c. 9, s. 78; 2006, c. 3, s. 35.

752.0.10.4. For the purposes of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1,

(a)  the fair market value of a cultural property described in subparagraph a of the third paragraph of section 232 is deemed to be the value determined by the Canadian Cultural Property Export Review Board or, where an appeal has been instituted under subsection 1 of section 33.1 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51), the fair market value deemed to have been determined by the Board, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), under subsection 2 of that section 33.1; and

(b)  the fair market value of a cultural property described in subparagraph c of the third paragraph of section 232 is deemed to be the value determined by the Commission des biens culturels du Québec.

1993, c. 64, s. 67; 1997, c. 85, s. 126; 2003, c. 9, s. 79; 2005, c. 23, s. 95.

752.0.10.4.0.1. For the purposes of subparagraph ii of paragraph c of section 422, section 436 and this chapter, where at any time the Canadian Cultural Property Export Review Board, the Commission des biens culturels du Québec or the Minister of Sustainable Development, Environment and Parks, as the case may be, determines or redetermines an amount to be the fair market value of a property that is the subject of a gift described in the definition of “total charitable gifts” in the first paragraph of section 752.0.10.1 made by a taxpayer within the two-year period that begins at that time, the last amount so determined or redetermined within the period is deemed to be the fair market value of the property at the time the gift was made and, subject to sections 752.0.10.12, 752.0.10.13 and 752.0.10.14, to be the taxpayer’s proceeds of disposition of the property.

2001, c. 53, s. 114; 2003, c. 2, s. 214; 2006, c. 3, s. 35.

752.0.10.4.0.2. An individual may request by notice in writing to the Minister of Sustainable Development, Environment and Parks a determination of the fair market value of a property the individual disposes of or proposes to dispose of and that would, if the disposition were made and the certificates described in section 752.0.10.7.1 were issued by the Minister of Sustainable Development, Environment and Parks in respect of the property, be a gift described in the definition of “total gifts of qualified property” in the first paragraph of section 752.0.10.1.

2003, c. 2, s. 215; 2006, c. 3, s. 35.

752.0.10.4.0.3. The Minister of Sustainable Development, Environment and Parks shall with all due dispatch make a determination in accordance with section 752.0.10.3.2 of the fair market value of the property that is the subject of the request referred to in section 752.0.10.4.0.2 and give notice of the determination in writing to the individual who has disposed of, or who proposes to dispose of, the property.

However, no such determination shall be made if the request is received by the Minister of Sustainable Development, Environment and Parks after three years after the end of the individual’s taxation year in which the disposition occurred.

2003, c. 2, s. 215; 2006, c. 3, s. 35.

752.0.10.4.0.4. Where the Minister of Sustainable Development, Environment and Parks has, in accordance with section 752.0.10.4.0.3, notified an individual of the amount determined to be the fair market value of a property the individual has disposed of or proposes to dispose of, the following rules apply:

(a)  on receipt of a written request made by the individual on or before the day that is 90 days after the day that the individual was so notified, the Minister of Sustainable Development, Environment and Parks shall with all due dispatch confirm or redetermine the fair market value;

(b)  the Minister of Sustainable Development, Environment and Parks may, on that Minister’s own initiative, at any time redetermine the fair market value;

(c)  in the cases referred to in paragraphs a and b, the Minister of Sustainable Development, Environment and Parks shall notify the individual in writing of that Minister’s confirmation or redetermination; and

(d)  any such redetermination is deemed to replace all preceding determinations and redeterminations of the fair market value of the property from the time at which the first such determination was made.

2003, c. 2, s. 215; 2006, c. 3, s. 35.

752.0.10.4.0.5. Where the Minister of Sustainable Development, Environment and Parks determines in accordance with section 752.0.10.4.0.3 the fair market value of a property, or redetermines that fair market value in accordance with section 752.0.10.4.0.4, and the property has been disposed of to a qualified donee described in the definition of “total gifts of qualified property” in the first paragraph of section 752.0.10.1, the Minister shall issue to the individual who made the disposition a certificate that states the fair market value of the property so determined or redetermined.

Where the Minister of Sustainable Development, Environment and Parks has issued more than one certificate in respect of the same property, the last certificate is deemed to replace all preceding certificates from the time at which the first certificate was issued.

2003, c. 2, s. 215; 2006, c. 3, s. 35.

752.0.10.4.1. Notwithstanding sections 1010 to 1011, the Minister shall make such assessments, reassessments or additional assessments of tax, interest or penalties payable under this Part for any taxation year as are necessary to give effect

(a)  to a certificate issued under section 7.14 of the Cultural Property Act (chapter B-4) or to a decision of a court resulting from an appeal under section 7.16 of that Act;

(b)  to a certificate issued under subsection 1 of section 33 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51) or to a decision of a court resulting from an appeal under subsection 1 of section 33.1 of that Act; or

(c)  to a certificate issued under section 752.0.10.4.0.5 or to a decision of a court resulting from an appeal under section 93.1.15.2 of the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 85, s. 127; 2003, c. 2, s. 216.

752.0.10.4.2. For the purposes of this chapter, the following rules apply:

(a)  the gift of the bare ownership of a work of art or a cultural property described in the third paragraph of section 232 and made in the course of a recognized gift with reserve of usufruct or use is deemed to be, subject to section 752.0.10.11.1, the gift of a work of art or of such a cultural property; and

(b)  the fair market value of a recognized gift with reserve of usufruct or use, in relation to a work of art or a cultural property described in the third paragraph of section 232, is deemed to be equal to the product obtained by multiplying the amount of the fair market value of the work of art or of the cultural property, as the case may be, otherwise determined with reference to sections 752.0.10.4, 752.0.10.4.0.1, 752.0.10.4.1, 752.0.10.11.2, 752.0.10.15.1 and 752.0.10.18 by the appropriate percentage determined in section 752.0.10.4.3.

2003, c. 9, s. 80.

752.0.10.4.3. The percentage to which section 752.0.10.4.2 refers, in respect of a recognized gift with reserve of usufruct or use is

(a)  where the usufruct or right of use is established for the lifetime of the individual who made the gift,

i.  25% where the individual is under 25 years of age,

ii.  31% where the individual is at least 25 years of age and under 30 years of age,

iii.  38% where the individual is at least 30 years of age and under 35 years of age,

iv.  44% where the individual is at least 35 years of age and under 40 years of age,

v.  50% where the individual is at least 40 years of age and under 45 years of age,

vi.  56% where the individual is at least 45 years of age and under 50 years of age,

vii.  62% where the individual is at least 50 years of age and under 55 years of age,

viii.  68% where the individual is at least 55 years of age and under 60 years of age,

ix.  73% where the individual is at least 60 years of age and under 65 years of age,

x.  78% where the individual is at least 65 years of age and under 70 years of age,

xi.  83% where the individual is at least 70 years of age and under 75 years of age,

xii.  87% where the individual is at least 75 years of age and under 80 years of age, and

xiii.  91% where the individual is at least 80 years of age; and

(b)  where the usufruct or right of use is established for a fixed duration regardless of the lifetime of the individual who made the gift,

i.  87% where the fixed duration is of 10 years or less,

ii.  74% where the fixed duration is of 10 years or more and 20 years or less, and

iii.   61% in any other case.

2003, c. 9, s. 80.

752.0.10.5. For the purposes of the definition of “total charitable gifts” in the first paragraph of section 752.0.10.1, where, throughout a taxation year, an individual resides in Canada near the boundary between Canada and the United States and where, in that year, the individual makes a gift to a prescribed religious, scientific, literary, educational or charitable organization created or organized in or under the laws of the United States that would be deductible under the United States Internal Revenue Code of 1986, as amended from time to time, he is deemed to have made the gift to a registered charity, if he commutes regularly between his residence and his principal place of employment or business in the United States, and his chief source of income for the year is that employment or business.

1993, c. 64, s. 67; 1994, c. 22, s. 260; 1995, c. 49, s. 236; 2005, c. 23, s. 96; 2009, c. 15, s. 138.

752.0.10.5.1. For the purpose of determining the total charitable gifts, total Crown gifts, total cultural gifts, total gifts of qualified property and total musical instrument gifts, no amount in respect of a gift described in any of the definitions of those expressions in the first paragraph of section 752.0.10.1 and made in a particular taxation year by an individual shall be taken into account in determining an amount that is deducted under section 752.0.10.6 in computing the tax payable under this Part by the individual for a taxation year until amounts in respect of such gifts made in taxation years preceding the particular year that can be so taken into account are so taken into account.

1999, c. 83, s. 92; 2006, c. 36, s. 67.

752.0.10.6. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part, an amount equal to

(a)  for the taxation year 2000, any of the following amounts:

i.  where the aggregate determined under the second paragraph does not exceed $2,000, 22% of that aggregate,

ii.  in any other case, the aggregate of $440 and 25% of the amount by which the aggregate determined under the second paragraph exceeds $2,000;

(b)  for the taxation year 2001, any of the following amounts:

i.  where the aggregate determined under the second paragraph does not exceed $2,000, 20.75% of that aggregate,

ii.  in any other case, the aggregate of $415 and 24.5% of the amount by which the aggregate determined under the second paragraph exceeds $2,000;

(c)  for the taxation years 2002 to 2005, any of the following amounts:

i.  where the aggregate determined under the second paragraph does not exceed $2,000, 20% of that aggregate,

ii.  in any other case, the aggregate of $400 and 24% of the amount by which the aggregate determined under the second paragraph exceeds $2,000;

(d)  from the taxation year 2006, any of the following amounts:

i.  where the aggregate determined under the second paragraph does not exceed $200, 20% of that aggregate,

ii.  in any other case, the aggregate of $40 and 24% of the amount by which the aggregate determined under the second paragraph exceeds $200.

The aggregate to which the first paragraph refers is the aggregate of

(a)  the individual’s total Crown gifts for the year;

(b)  the individual’s total gifts of qualified property for the year;

(c)  the individual’s total cultural gifts for the year;

(d)  the individual’s qualified total charitable gifts for the year; and

(e)  the individual’s total musical instrument gifts for the year.

1993, c. 64, s. 67; 1995, c. 1, s. 76; 1995, c. 49, s. 236; 1997, c. 85, s. 128; 1999, c. 83, s. 93; 2001, c. 51, s. 52; 2006, c. 36, s. 68.

752.0.10.7. No individual may deduct, for a taxation year, an amount under section 752.0.10.6 in respect of a gift of a property referred to in paragraph b of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1 unless the individual files with the Minister, together with the fiscal return the individual is required to file under section 1000 for the year, a certificate issued by the Commission des biens culturels du Québec stating that the property was acquired by a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44), a certified archival centre or a recognized museum, in accordance with its acquisition and conservation policy and with the directives of the Ministère de la Culture et des Communications, and specifying the fair market value of the property determined in accordance with section 752.0.10.4 or 752.0.10.4.2, as the case may be.

1993, c. 64, s. 67; 1995, c. 1, s. 199; 1996, c. 39, s. 273; 2003, c. 9, s. 81; 2005, c. 23, s. 97; 2006, c. 36, s. 69.

752.0.10.7.1. No individual may deduct, for a taxation year, an amount under section 752.0.10.6 in respect of a gift of a qualified property unless the individual files with the Minister, along with the fiscal return referred to in section 1000 the individual is required to file for the year, the following certificates issued by the Minister of Sustainable Development, Environment and Parks:

(a)  the certificate certifying that

i.  in the case of a gift whose object is a property described in paragraph a or b of the definition of “qualified property” in the first paragraph of section 752.0.10.1, the land referred to in that paragraph a or the land encumbered with a servitude referred to in that paragraph b, as the case may be, has undeniable ecological value and, where such is the case, that the mission in Québec of a charity referred to in paragraph a of the definition of “total gifts of qualified property” in the first paragraph of section 752.0.10.1 consists mainly, at the time of the gift, in the conservation of the ecological heritage, and

ii.  in the case of a gift whose object is a property described in paragraph c or d of the definition of “qualified property” in the first paragraph of section 752.0.10.1, the land referred to in that paragraph c or the land encumbered with a servitude referred to in that paragraph d, as the case may be, has undeniable ecological value, the preservation and conservation of which is important to the protection and development of Québec’s ecological heritage and, where such is the case, that a charity referred to in paragraph c of the definition of “total gifts of qualified property” in the first paragraph of section 752.0.10.1 is an appropriate donee in the circumstances; and

(b)  the certificate relating to the fair market value of a gift to which the definition of “total gifts of qualified property” in the first paragraph of section 752.0.10.1 refers.

1995, c. 1, s. 77; 1999, c. 36, s. 160; 2003, c. 2, s. 217; 2003, c. 9, s. 82; 2006, c. 3, s. 35; 2010, c. 25, s. 72.

752.0.10.8. No individual may deduct, for a taxation year, an amount under section 752.0.10.6 in respect of a gift, after 18 December 1990, of property that is a certified Québec film or a Québec film production, within the meaning assigned to those terms by the regulations under section 130, if the gift is made by him within a period of three years commencing on the day on which the property is acquired by him.

1993, c. 64, s. 67.

752.0.10.9. Subject to section 752.0.10.16, a gift made by an individual in the taxation year in which the individual dies, including a gift deemed by any of sections 752.0.10.10, 752.0.10.10.1, 752.0.10.10.3, 752.0.10.10.5, 752.0.10.13, 752.0.10.14 and 752.0.10.16 to have been so made, is deemed, for the purposes of this chapter other than this section, to have been made by the individual in the preceding taxation year to the extent that an amount in respect of the gift is not deducted under section 752.0.10.6 for the taxation year in which the individual dies.

1993, c. 64, s. 67; 1999, c. 83, s. 94; 2003, c. 2, s. 218.

752.0.10.10. Subject to section 752.0.10.16, where an individual by the individual’s will makes a gift to a donee referred to in the first paragraph of section 752.0.10.1, the gift is deemed, for the purposes of this chapter, to have been made by the individual immediately before the individual’s death.

1993, c. 64, s. 67; 1999, c. 83, s. 94.

752.0.10.10.1. If, but for this section, an individual would be deemed under section 752.0.10.16 to have made a gift after the individual’s death, for the purposes of this chapter the individual is deemed to have made the gift in the taxation year in which the individual died.

Any amount of interest payable under this Act must be determined as if the presumption provided in the first paragraph did not apply.

1999, c. 83, s. 95.

752.0.10.10.2. Section 752.0.10.10.3 applies to an individual in respect of a life insurance policy where

(a)  the policy is a life insurance policy under which, immediately before the individual’s death, the individual’s life was insured;

(b)  a transfer of money, or a transfer by means of a negotiable instrument, is made by reason of the individual’s death and solely because of the obligations under the policy, from an insurer to a qualified donee, other than a transfer the amount of which is not included in computing the income of the individual or the individual’s succession for any taxation year but would have been included, but for section 430, in computing the income of the individual or the individual’s succession for a taxation year if the transfer had been made to the individual’s legal representative for the benefit of the individual’s succession;

(c)  immediately before the individual’s death, the individual’s consent would have been required to change the recipient of the transfer described in paragraph b and the donee was neither a policyholder under the policy, nor an assignee of the individual’s interest under the policy; and

(d)  the transfer occurs within the 36-month period that begins at the time of the death of the individual or, where written application to extend the period has been made to the Minister by the individual’s legal representative, within such longer period as the Minister considers reasonable in the circumstances.

2003, c. 2, s. 219.

752.0.10.10.3. Where this section applies to an individual, in respect of an insurance policy, by reason of section 752.0.10.10.2,

(a)  for the purposes of this chapter, except section 752.0.10.10.2, and of sections 985.1 to 985.22, 985.24 and 985.25, the transfer described in section 752.0.10.10.2 is deemed to be a gift made immediately before the individual’s death by the individual to the qualified donee referred to in section 752.0.10.10.2; and

(b)  the fair market value of the gift is deemed to be the fair market value, at the time of the individual’s death, of the right to that transfer, determined without reference to any risk of default with regard to obligations of the insurer.

2003, c. 2, s. 219; 2005, c. 38, s. 143; 2009, c. 15, s. 139.

752.0.10.10.4. The rules set out in section 752.0.10.10.5 apply to an individual, in respect of an arrangement that is a registered retirement savings plan or a registered retirement income fund, or that was, immediately before the individual’s death, a tax-free savings account, if

(a)  by reason of the individual’s death, a transfer of money, or a transfer by means of a negotiable instrument, is made, from the arrangement (other than an arrangement of which a licensed annuities provider is the issuer or carrier) to a qualified donee, solely because of the donee’s right or interest as a beneficiary under the arrangement;

(b)  immediately before the individual’s death, the individual was the annuitant or holder under the arrangement; and

(c)  the transfer occurs within the 36-month period that begins at the time of the death of the individual or, where written application to extend the period has been made to the Minister by the individual’s legal representative, within such longer period as the Minister considers reasonable in the circumstances.

2003, c. 2, s. 219; 2009, c. 15, s. 140; 2010, c. 5, s. 60.

752.0.10.10.5. The rules to which section 752.0.10.10.4 refers in respect of an individual are as follows:

(a)  for the purposes of this chapter, except section 752.0.10.10.4, and of sections 985.1 to 985.22, 985.24 and 985.25, the transfer referred to in section 752.0.10.10.4 is deemed to be a gift made immediately before the individual’s death by the individual to the qualified donee referred to in section 752.0.10.10.4; and

(b)  the fair market value of the gift is deemed to be equal to the fair market value, at the time of the individual’s death, of the right to the transfer, determined without reference to any risk of default with regard to the obligations of the issuer of the arrangement described in section 752.0.10.10.4.

2003, c. 2, s. 219; 2005, c. 38, s. 144; 2009, c. 15, s. 141.

752.0.10.11. For the purposes of this chapter, where an individual is, at the end of a fiscal period of a partnership, a member of the partnership, the eligible amount of a gift made in the name of the partnership is deemed to be the eligible amount of a gift made by the individual in the individual’s taxation year in which the fiscal period of the partnership ends, up to the proportion of his share in that partnership.

For the purposes of the first paragraph, the following rules apply to an individual if one or more partnerships (each of which is in this paragraph referred to as an “interposed partnership”) are interposed between the individual and a given partnership, for a given fiscal period of the given partnership:

(a)  the individual is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the individual’s taxation year in which ends the fiscal period of the interposed partnership of which the individual is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the individual is a member, or deemed to be a member under this subparagraph a, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period; and

(b)  the proportion of the individual’s share in the given partnership for the given fiscal period is deemed to be equal to the product obtained by multiplying the proportion of the individual’s share in the interposed partnership of which the individual is directly a member for the interposed partnership’s interposed fiscal period, by

i.  if there is only one interposed partnership, the proportion of the interposed partnership’s share in the given partnership for the given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the proportion of an interposed partnership’s share in the particular partnership referred to in subparagraph a of which the interposed partnership is a member for the particular partnership’s particular fiscal period.

The rule set out in the second paragraph does not apply in respect of an individual, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the individual and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the eligible amount of a gift that is attributed to the individual under the first paragraph for a taxation year to be greater than the amount that would have been so attributed to the individual for that taxation year, but for that interposition.

1993, c. 64, s. 67; 1997, c. 3, s. 71; 2009, c. 5, s. 281; 2009, c. 15, s. 142.

752.0.10.11.1. For the purposes of this chapter, if at any time an individual makes a gift of a work of art described in the second paragraph to a donee referred to in any of paragraphs a to b.1, c.1, c.3, d and e.1 to h of the definition of “total charitable gifts” in the first paragraph of section 752.0.10.1, other than such a donee who acquires the work of art in connection with its primary mission, the individual is deemed, in respect of that work of art, not to have made a gift unless the donee disposes of the work of art on or before 31 December of the fifth year following the year that includes that time.

The work of art to which the first paragraph refers is a print, an etching, a drawing, a painting, a sculpture or any work of a similar nature, a tapestry or hand-woven carpet or hand-made appliqué, a lithograph, a rare folio, a rare manuscript or a rare book, a stamp or a coin.

1995, c. 63, s. 57; 2004, c. 21, s. 195; 2005, c. 23, s. 98; 2006, c. 36, s. 70.

752.0.10.11.2. If, at any given time, an individual makes a gift of a work of art referred to in section 752.0.10.11.1 to a donee referred to in that section, the lesser of the amount that may reasonably be considered as the consideration for the disposition by the donee of the work of art and its fair market value at the time of the disposition, is deemed, for the purposes of the definition of “total charitable gifts” in the first paragraph of section 752.0.10.1, to be the fair market value for the purpose of computing the eligible amount of the gift at the given time, for the purposes of section 752.0.10.12, to be the fair market value of the capital property at the given time and, for the purposes of section 752.0.10.13, to be the fair market value of the work of art at the given time.

1995, c. 63, s. 57; 2005, c. 23, s. 99; 2009, c. 5, s. 282.

752.0.10.12. The rule set out in the second paragraph applies if, at any time, an individual makes a gift of a capital property to a donee described in the definitions of “total charitable gifts”, “total Crown gifts” and “total gifts of qualified property” in the first paragraph of section 752.0.10.1 or, if the individual is not resident in Canada, a gift of an immovable property situated in Canada to a prescribed donee who provides an undertaking, in a form satisfactory to the Minister, to the effect that the property will be held for use in the public interest, the individual or the individual’s legal representative designates, after 19 December 2006 and in accordance with subsection 6 of section 118.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), an amount in respect of the gift, and, at that time, the fair market value of the capital property or immovable property exceeds

(a)  in the case of a depreciable property of a prescribed class, the lesser of the undepreciated capital cost of that class at the end of the taxation year of the individual that includes that time, determined without reference to the proceeds of disposition determined in respect of the property under the second paragraph, and the adjusted cost base to the individual of the property immediately before that time; and

(b)  in any other case, the adjusted cost base to the individual of the capital property or immovable property immediately before that time.

The lesser of the fair market value of the capital property or immovable property otherwise determined and the greatest of the following amounts, is deemed to be both the individual’s proceeds of disposition of the capital property or immovable property and, for the purposes of section 7.21, the fair market value of the gift:

(a)  in the case of a gift made after 20 December 2002, the amount of the advantage in respect of the gift;

(b)  the amount determined under subparagraph a or b of the first paragraph in respect of the capital property or immovable property; and

(c)  the amount designated in respect of the gift in accordance with subsection 6 of section 118.1 of the Income Tax Act.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subsection 6 of section 118.1 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1993, c. 64, s. 67; 1994, c. 22, s. 261; 1995, c. 1, s. 78; 1995, c. 49, s. 236; 2003, c. 2, s. 220; 2005, c. 23, s. 100; 2009, c. 5, s. 283.

752.0.10.13. Subject to section 752.0.10.14, where at any time an individual makes a gift, described in either of the definitions of “total Crown gifts” and “total charitable gifts” in the first paragraph of section 752.0.10.1, of a work of art created by the individual that is property in the individual’s inventory, or acquired under circumstances where section 430 applied, and at that time the fair market value of the work of art exceeds its cost amount to the individual, the following rules apply:

(a)  where the gift is made by reason of the death of the individual, the gift is deemed to have been made immediately before the death; and

(b)  if the individual or the individual’s legal representative designates, after 19 December 2006 and in accordance with subsection 7 of section 118.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), an amount in respect of the gift, the lesser of the fair market value of the work of art otherwise determined and the greatest of the amount of the advantage in respect of the gift, the cost amount to the individual of the work of art and the amount designated in respect of the gift in accordance with that subsection 7 is deemed to be both the individual’s proceeds of disposition of the work of art and, for the purposes of section 7.21, the fair market value of the gift.

Chapter V.2 of Title II of Book I applies in relation to a designation made under subsection 7 of section 118.1 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1993, c. 64, s. 67; 1995, c. 49, s. 236; 2003, c. 2, s. 221; 2009, c. 5, s. 284.

752.0.10.14. Where at any time an individual makes a gift, after 31 December 1990, of a work of art that is a cultural property described in section 232 created by the individual and that is property in the individual’s inventory, or was acquired by the individual under circumstances where section 430 applied, and at that time the fair market value of the work of art exceeds its cost amount to the individual, the following rules apply:

(a)  where the gift is made by reason of the death of the individual, the gift is deemed to have been made immediately before the death; and

(b)  the individual is deemed to have received, at that time, proceeds of disposition equal to the greater of the cost amount to the individual of the work of art at that time and the amount of the advantage in respect of the gift.

1993, c. 64, s. 67; 2003, c. 2, s. 221; 2009, c. 5, s. 285.

752.0.10.15. Where an individual makes a gift of a work of art referred to in section 752.0.10.11.1 in a taxation year, referred to in this section as the “gift year”, to a donee referred to in section 752.0.10.11.1, the individual may, on or before his filing-due date for a subsequent taxation year, referred to in this section as the “year of disposition”, in which the donee disposed of the work of art, file with the Minister for a taxation year referred to in the second paragraph an amended fiscal return in which he shall take into account the tax consequences of that disposition in respect of an amount relating to that taxation year.

The taxation year to which the first paragraph refers is a taxation year of the individual for which he filed a fiscal return pursuant to section 1000 and that is previous to the year of disposition but after the fourth taxation year of the individual that precedes the gift year.

Notwithstanding sections 1010 to 1011, the Minister shall, where the individual has filed an amended fiscal return in accordance with the first paragraph, make such assessment, reassessment or additional assessment of the tax, interest and penalties payable by the individual under this Part as is necessary for any taxation year to give effect to the disposition referred to in the first paragraph.

For the purposes of the third paragraph, where the taxation year referred to therein is before the taxation year 1998, that paragraph shall be read with the words “and Part I.1” inserted after the words “this Part”.

1995, c. 63, s. 58; 1997, c. 31, s. 79; 1997, c. 85, s. 129.

752.0.10.15.1. For the purposes of the definition of “total charitable gifts” and of “total cultural gifts” in the first paragraph of section 752.0.10.1, where the individual makes a gift of a work of art to a Québec museum, the eligible amount of that gift or, as the case may be, of the fair market value determined in respect of that gift under any of sections 752.0.10.11.2 to 752.0.10.14, shall be increased by 1/4 of that amount.

2001, c. 51, s. 53; 2005, c. 23, s. 101; 2009, c. 5, s. 286.

752.0.10.16. For the purposes of this chapter, where at any particular time an individual makes a gift, including a gift that, but for this section and section 752.0.10.9, would be deemed under section 752.0.10.10 to have been made at the particular time, of a non-qualifying security of the individual and the gift is not an excepted gift of the individual, the following rules apply:

(a)  except for the purpose of determining the individual’s proceeds of disposition of the security pursuant to section 752.0.10.12, the gift is deemed not to have been made;

(b)  if the security ceases to be a non-qualifying security of the individual at a subsequent time that is within 60 months after the particular time and the donee has not disposed of the security at or before the subsequent time, the individual is deemed to have made a gift to the donee of property at the subsequent time and the fair market value of the property is deemed to be the lesser of the fair market value of the security at the subsequent time and the fair market value of the security at the particular time that would, but for this section, have been included in the individual’s total charitable gifts or total Crown gifts for a taxation year; and

(c)  if the security is disposed of by the donee within 60 months after the particular time and paragraph b does not apply to the security, the individual is deemed to have made a gift to the donee of a property at the time of the disposition and the fair market value of the property is deemed to be the lesser of the fair market value of any consideration (other than a non-qualifying security of the individual or a property that would be a non-qualifying security of the individual if the individual were alive at the time of the disposition) received by the donee for the security and the fair market value of the security at the particular time that would, but for this section, have been included in the individual’s total charitable gifts or total Crown gifts for a taxation year;

(d)  (paragraph repealed).

1999, c. 83, s. 96; 2009, c. 5, s. 287.

752.0.10.17. Where a share, in this section referred to as the “new share”, that is a non-qualifying security of an individual has been acquired by a donee referred to in section 752.0.10.16 in exchange for another share, in this section referred to as the “exchanged share”, that is a non-qualifying security of the individual as a result of a transaction to which any of sections 301, 301.1, 537 and 541 to 555.4 applies, the new share is deemed for the purposes of section 752.0.10.16 and this section to be the same share as the exchanged share.

1999, c. 83, s. 96.

752.0.10.17.1. For the purposes of section 752.0.10.16, if a donee disposes of a beneficial interest in a trust that is a non-qualifying security of an individual in circumstances where paragraph c of section 752.0.10.16 would, but for this section, apply in respect of the disposition, and in respect of which the donee receives no consideration other than other non-qualifying securities of the individual, the gift referred to in section 752.0.10.16 is deemed to be a gift of those other non-qualifying securities.

2009, c. 15, s. 143.

752.0.10.18. For the purposes of this chapter, the fair market value of a gift of property made at any particular time by an individual is deemed to be equal to the fair market value of the gift of property otherwise determined minus the amount described in the second paragraph, where

(a)  if the property is a non-qualifying security of the individual, the gift is an excepted gift; and

(b)  within 60 months after the particular time,

i.  the donee holds a non-qualifying security of the individual that was acquired by the donee on the latest of 1 August 1997 and any time that is after 60 months before the particular time, or

ii.  both

(1)  the individual or any person or partnership with whom or with which the individual does not deal at arm’s length uses property of the donee under an agreement that was made or modified after the time that is 60 months before the particular time and has begun to so use it after 31 July 1997, and

(2)  the property was not used in the carrying on of the donee’s charitable activities.

The amount to which the first paragraph refers is the aggregate of all amounts each of which is the fair market value of the consideration given by the donee to acquire a non-qualifying security referred to in subparagraph i of subparagraph b of the first paragraph or the fair market value of property referred to in subparagraph ii of that subparagraph b, as the case may be.

Where the first paragraph applies for the purpose of determining the fair market value of a gift made at any particular time by an individual, the fair market value, referred to in the second paragraph, of consideration given to acquire a non-qualifying security referred to in subparagraph i of subparagraph b of the first paragraph or of property referred to in subparagraph ii of that subparagraph b is deemed to be equal to the fair market value of the consideration otherwise determined minus any portion of it that has been used under the first paragraph to reduce the fair market value of another gift made before that time by the individual.

1999, c. 83, s. 96; 2009, c. 15, s. 144.

CHAPTER I.0.3 TAX CREDITS FOR MEDICAL EXPENSES OR CARE AND FOR SEVERE AND PROLONGED IMPAIRMENTS IN MENTAL OR PHYSICAL FUNCTIONS

1989, c. 5, s. 104; 1993, c. 19, s. 52; 1993, c. 64, s. 68; 2005, c. 1, s. 160; 2006, c. 36, s. 71.

752.0.11. An individual may deduct from his tax otherwise payable for a taxation year under this Part an amount determined by the formula

A × (B − C).

In the formula provided for in the first paragraph,

(a)  A is the rate specified in section 750.1 for the year;

(b)  B is the aggregate of the medical expenses described in section 752.0.11.1 that

i.  are proven by a receipt filed with the Minister,

ii.  have not already been included by the individual or any other person in computing a determined amount, for the purposes of this section or section 358.0.1 or 1029.8.118, in respect of a preceding taxation year,

iii.  are not included by any other person in computing a determined amount, for the purposes of section 358.0.1, in respect of any taxation year, and

iv.  were paid by either the individual or the individual’s legal representative, or by a person who is the individual’s spouse during the year or on the date on which the medical expenses were paid,

(1)  within any period of 12 months ending in the year, or

(2)  if the medical expenses were paid in respect of a person, including the individual, who died in the year, within any period of 24 months that includes the day of the person’s death; and

(c)  C is 3% of the aggregate of the individual’s income for the year and the income, for the year, of the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

(d)  (subparagraph repealed).

1989, c. 5, s. 104; 1990, c. 59, s. 288; 1993, c. 64, s. 69; 1997, c. 14, s. 113; 1997, c. 85, s. 130; 2000, c. 5, s. 163; 2001, c. 51, s. 54; 2003, c. 9, s. 83; 2004, c. 21, s. 196; 2005, c. 38, s. 145.

752.0.11.0.1. (Repealed).

1997, c. 85, s. 131; 2003, c. 9, s. 84.

752.0.11.1. Subject to section 752.0.11.1.3, the medical expenses to which subparagraph b of the second paragraph of section 752.0.11 refers are amounts paid

(a)  to a dentist, nurse or practitioner or a public or licensed private hospital in respect of medical, paramedical or dental services provided to a person;

(b)  to a person authorized under the laws of a province to practise the profession of a dental prosthetist, for the making, repairing and fitting of dental prostheses, for a person;

(c)  for drugs, medicaments or other preparations or substances (other than those listed in paragraph d)

i.  for use in the diagnosis, treatment or prevention of a disease, disorder or abnormal physical state, or its symptoms, or in restoring, correcting or modifying an organic function,

ii.  that can lawfully be acquired for use by a person only if prescribed by a practitioner or dentist, and

iii.  the purchase of which is recorded by a pharmacist;

(c.1)  for drugs, medicaments or other preparations or substances that are prescribed by regulation;

(d)  for an oxygen tent or other equipment necessary to administer oxygen or for insulin, oxygen, liver extract injectable for pernicious anaemia or vitamin B12 for pernicious anaemia, if used by a person as prescribed by a practitioner;

(d.1)  for hyperbaric oxygen therapy sessions provided to a person with a severe and prolonged neurological disorder in respect of whom, because of the person’s severe and prolonged impairment in mental or physical functions, subparagraphs a to c of the first paragraph of section 752.0.14 apply for the taxation year in which the expense was incurred;

(e)  for laboratory analyses, radiological examinations or other diagnostic procedures together with interpretations thereof, if such analyses, examinations and other procedures are effected for maintaining health, preventing disease or assisting in the diagnosis or treatment of an injury, illness or disability, for a person as prescribed by a practitioner or dentist;

(f)  for eye glasses or other devices for the treatment or correction of a defect of vision of a person as prescribed by a practitioner or optometrist;

(g)  for transportation of a person by ambulance to or from a public or licensed private hospital;

(h)  to a person engaged in the business of providing transportation services, for the transportation of a particular person or a particular person and one person who accompanies the particular person, if, in the latter case, the particular person has been certified in writing by a practitioner to be incapable of travelling without assistance from the locality where the particular person dwells to the place where medical or paramedical services are normally provided, if that place is not less than 40 km from that locality, if equivalent or substantially equivalent services were not available in that locality, if the particular person travelled to that place to obtain such services for himself or herself and if, having regard to the circumstances, it was reasonable to travel to that place to obtain those services and the route travelled was the most reasonably direct route;

(i)  for reasonable travel expenses, other than expenses described in paragraph h, incurred in respect of a particular person or a particular person and one person who accompanies the particular person, if, in the latter case, the particular person has been certified in writing by a practitioner to be incapable of travelling without assistance, to obtain medical or paramedical services in a place that is not less than 80 km from the locality where the particular person dwells, if equivalent or substantially equivalent services were not available in that locality, if the particular person travelled to that place to obtain such services for himself or herself and if, having regard to the circumstances, it was reasonable to travel to that place to obtain those services and the route travelled was the most reasonably direct route;

(j)  for or in respect of an artificial limb, iron lung, rocking bed for poliomyelitis victims, wheelchair, crutches, spinal brace, brace for a limb, ileostomy or colostomy pad, truss for hernia, artificial eye, laryngeal speaking aid, aid to hearing, artificial kidney machine, phototherapy equipment for the treatment of psoriasis or other skin disorders, or an oxygen concentrator;

(j.1)  for or in respect of diapers, disposable briefs, catheters, catheter trays, tubing or other products required by a person by reason of incontinence caused by illness, injury or affliction;

(k)  for the care, or the care and training, at a school, institution or other place, of a particular person, if the particular person has been certified in writing by a qualified person to be a person who, by reason of a physical or mental handicap, requires the equipment, facilities or personnel specially provided by that school, institution or other place for the care, or the care and training, of persons suffering from such a handicap, other than amounts paid to the operator of a residence for the elderly, within the meaning of the first paragraph of section 1029.8.61.1;

(l)  for the full-time care in a nursing home of a person, if the person has been certified in writing by a practitioner to be a person who, by reason of lack of normal mental capacity, is and in the foreseeable future will continue to be dependent on others for the person’s personal needs and care;

(m)  as remuneration for one full-time attendant on, or for the full-time care in a nursing home of, a person in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the taxation year in which the expense was incurred if, at the time the remuneration is paid, the attendant is neither the individual referred to in section 752.0.11 or that individual’s spouse, nor under 18 years of age;

(m.1)  as remuneration for attendant care provided in Canada to a person in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the taxation year in which the expense was incurred, to the extent that the total of amounts so paid does not exceed $10,000, or $20,000 if the individual referred to in section 752.0.11 dies in the year, where

i.  no part of the remuneration is included in computing an amount deducted in respect of the person under section 358.0.1 or any of paragraphs k, l, m, m.2 and n for a taxation year, or taken into consideration in computing an amount deemed to have been paid to the Minister in respect of the person under Division II.13 of Chapter III.1 of Title III of Book IX for any taxation year,

i.1.  no part of the remuneration constitutes an expense in respect of which the individual referred to in section 752.0.11, or the person who is the individual’s spouse at the time the remuneration is paid, may be deemed to have paid an amount to the Minister on account of the individual’s tax payable, for a taxation year, under Division II.11.1 of Chapter III.1 of Title III of Book IX,

ii.  at the time the remuneration is paid, the attendant is neither the individual referred to in section 752.0.11 or that individual’s spouse, nor under 18 years of age, and

iii.  each receipt filed with the Minister to prove payment of the remuneration was issued by the payee and contains, where the payee is an individual, that individual’s Social Insurance Number;

(m.2)  as remuneration for a person’s care or supervision provided in a group home in Canada maintained and operated exclusively for the benefit of individuals who have a severe and prolonged impairment, if, because of the person’s severe and prolonged impairment, the person is a person in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the taxation year in which the expense was incurred, where

i.  no part of the remuneration is included in computing an amount deducted in respect of the person under section 358.0.1 or any of paragraphs k, l, m, m.1 and n for a taxation year, or taken into consideration in computing an amount deemed to have been paid to the Minister in respect of the person under Division II.13 of Chapter III.1 of Title III of Book IX for any taxation year, and

ii.  each receipt filed with the Minister to prove payment of the remuneration was issued by the payee and contains, where the payee is an individual, that individual’s Social Insurance Number;

(n)  as remuneration for one full-time attendant on a person in a self-contained domestic establishment in which the person receiving the care lives, if that person is, and has been certified in writing by a practitioner to be, a person who, by reason of mental or physical infirmity, is and is likely to be for a long-continued period of indefinite duration dependent on others for the person’s personal needs and care, if, at the time the remuneration is paid, the attendant is neither the person’s spouse nor under 18 years of age, and if the receipt filed with the Minister to prove payment of the remuneration was issued by the payee and contains, where the payee is an individual, that individual’s Social Insurance Number;

(o)  on behalf of a person who is blind or profoundly deaf or has severe autism, severe epilepsy or a severe and prolonged impairment that markedly restricts the use of the person’s arms or legs,

i.  for an animal specially trained to assist the person in coping with the impairment and provided by a person or organization one of whose main purposes is such training of animals,

ii.  for the care and maintenance of such an animal, including food and veterinary care,

iii.  for reasonable travel expenses of the person incurred for the purpose of attending a school, institution or other facility that trains, in the handling of such animals, individuals who are so impaired, and

iv.  for reasonable board and lodging expenses of the person incurred for the purpose of attending full-time courses at a place described in subparagraph iii;

(o.1)  for reasonable expenses relating to rehabilitative therapy, including training in lip reading and sign language, incurred to adjust for the person’s hearing or speech loss;

(o.2)  on behalf of a person who has a speech or hearing impairment, for sign language interpretation services or real-time captioning services, to the extent that the payment is made to a person engaged in the business of providing such services;

(o.2.1)  on behalf of a person who has an impairment in mental or physical functions, for note-taking services, if

i.  the person has been certified in writing by a practitioner to be a person who, because of that impairment, requires those services, and

ii.  the payment is made to a person engaged in the business of providing such services;

(o.2.2)  on behalf of a person who has an impairment in physical functions, for the cost of voice recognition software, if the person has been certified in writing by a practitioner to be a person who, because of that impairment, requires that software;

(o.2.3)  on behalf of a person who is blind or has a severe learning disability, for reading services, if

i.  the person has been certified in writing by a practitioner to be a person who, because of that impairment or disability, requires those services, and

ii.  the payment is made to a person in the business of providing those services;

(o.2.4)  on behalf of a person who is blind and profoundly deaf, for deaf-blind intervening services, to the extent that the payment is made to a person in the business of providing those services;

(o.3)  for reasonable moving expenses, described in section 350, of a person who lacks normal physical development or has a severe and prolonged mobility impairment, other than expenses deducted under section 348 for any taxation year, incurred for the purpose of the person’s move to a new dwelling that is more accessible by the person or in which the person is more mobile or functional, if the total of the expenses claimed under this paragraph does not exceed $2,000;

(o.4)  for reasonable expenses relating to alterations to the driveway of the principal place of residence of a person who has a severe and prolonged mobility impairment, to facilitate the person’s access to a bus;

(o.5)  for a van that, at the time of its acquisition or within six months after that time, has been adapted for the transportation of a person who requires the use of a wheelchair, to the extent of the lesser of $5,000 and 20% of the amount by which the amount paid for the acquisition of the van exceeds the portion of that amount that is included because of paragraph s in computing an amount deductible by the person under section 752.0.11 for any taxation year;

(o.6)  for reasonable expenses, other than amounts paid to a person who was at the time of the payment the spouse of the individual referred to in section 752.0.11 or a person under 18 years of age, to train the individual, or a person related to the individual, if the training relates to the impairment in mental or physical functions of a person who is related to the individual and is a member of the individual’s household or is dependent on the individual for support;

(o.7)  as remuneration for therapy provided to a person because of the person’s severe and prolonged impairment, if subparagraphs a to c of the first paragraph of section 752.0.14 apply for the taxation year in which the expense was incurred, where

i.  the therapy is prescribed by, and administered under the general supervision of a physician or a psychologist, in the case of an impairment in mental functions, or a physician or an occupational therapist, in the case of an impairment in physical functions,

ii.  at the time the remuneration is paid, the payee is neither the person’s spouse nor an individual who is under 18 years of age, and

iii.  each receipt filed with the Minister to prove payment of the remuneration was issued by the payee and contains, where the payee is an individual, that individual’s Social Insurance Number;

(o.8)  as remuneration for tutoring services that are rendered to, and are supplementary to the primary education of, a person who has a learning disability or an impairment in mental functions, and has been certified in writing by a practitioner to be a person who, because of that disability or impairment, requires such services, if the payment is made to a person ordinarily engaged in the business of providing such services to individuals who are not related to the payee;

(p)  as a premium or other consideration to a private health services plan in respect of the individual referred to in section 752.0.11, the individual’s spouse or any other person living with the individual and with whom the individual is connected by blood relationship, marriage or adoption, or in respect of several of those persons;

(q)  on behalf of a person who requires a bone marrow or organ transplant,

i.  for reasonable expenses, other than expenses described in subparagraph ii but including legal fees and insurance premiums, incurred to locate a compatible donor and to arrange for the transplant, and

ii.  for reasonable travel, board and lodging expenses, other than expenses described in paragraphs h and i, of the person and one other person who accompanies the person, and of the donor and one other person who accompanies the donor, incurred in respect of the transplant;

(r)  for reasonable expenses relating to renovations or alterations to a dwelling of a person who lacks normal physical development or has a severe and prolonged mobility impairment, to enable the person to gain access to, or to be mobile or functional within, the dwelling, provided that those expenses

i.  are not of a type that would typically be expected to increase the value of the dwelling, and

ii.  are of a type that would not normally be incurred by a person who has normal physical development or who does not have a severe and prolonged mobility impairment;

(r.1)  for reasonable expenses, relating to the construction of the principal place of residence of a person who lacks normal physical development or has a severe and prolonged mobility impairment, that can reasonably be considered to be incremental costs incurred to enable the person to gain access to, or to be mobile or functional within, the person’s principal place of residence, provided that those expenses

i.  are not of a type that would typically be expected to increase the value of the dwelling, and

ii.  are of a type that would not normally be incurred by a person who has normal physical development or who does not have a severe and prolonged mobility impairment;

(s)  for any device or equipment not otherwise described in this section, if it is used by a person as prescribed by a practitioner, is prescribed by regulation and meets such conditions as may be prescribed as to its use or the reason for its acquisition, but only to the extent that the amounts so paid do not exceed the amount, if any, prescribed in respect of the device or equipment.

(t)  on behalf of a person who has celiac disease and who has been certified in writing by a practitioner to be a person who, because of that disease, requires a gluten-free diet, for the incremental cost of acquiring gluten-free food products as compared to the cost of comparable non-gluten-free food products;

(u)  for drugs obtained under Health Canada’s Special Access Programme in accordance with sections C.08.010 and C.08.011 of the Food and Drug Regulations (C.R.C., c. 870) made under the Food and Drugs Act (R.S.C. 1985, c. F-27) and purchased for use by a person;

(v)  for medical devices obtained under Health Canada’s Special Access Programme in accordance with Part 2 of the Medical Devices Regulations (SOR/98-282) made under the Food and Drugs Act and purchased for use by a person; or

(w)  on behalf of a person who is authorized to possess marihuana for medical purposes under the Marihuana Medical Access Regulations (SOR/2001-227) made under the Controlled Drugs and Substances Act (S.C. 1996, c. 19) or section 56 of that Act, for

i.  the cost of marihuana or marihuana seeds purchased from Health Canada, or

ii.  the cost of marihuana purchased from an individual who possesses, on behalf of that person, a designated-person production licence to produce marihuana under the Marihuana Medical Access Regulations or an exemption for cultivation or production under section 56 of the Controlled Drugs and Substances Act.

1990, c. 59, s. 289; 1991, c. 8, s. 44; 1993, c. 16, s. 281; 1994, c. 22, s. 262; 1995, c. 1, s. 79; 1995, c. 63, s. 59; 1997, c. 14, s. 114; 1997, c. 85, s. 132; 1999, c. 89, s. 53; 2000, c. 5, s. 164; 2000, c. 39, s. 60; 2001, c. 51, s. 55; 2001, c. 53, s. 115; 2003, c. 2, s. 222; 2004, c. 8, s. 145; 2005, c. 1, s. 161; 2005, c. 38, s. 146; 2006, c. 36, s. 72; 2009, c. 5, s. 288; 2009, c. 15, s. 145.

752.0.11.1.1. (Repealed).

1997, c. 85, s. 133; 2000, c. 39, s. 61.

752.0.11.1.2. (Repealed).

1997, c. 85, s. 133; 2000, c. 39, s. 61.

752.0.11.1.3. The medical expenses referred to in section 752.0.11.1 do not include

(a)  the expenses related to artificial insemination or in vitro fertilization treatments undergone by an individual or the individual’s spouse in order to enable the individual and the individual’s spouse to become parents;

(b)  the expenses paid for medical, paramedical or dental services provided for purely cosmetic purposes; and

(c)  the transportation, travel or lodging expenses paid for medical, paramedical or dental services provided for purely cosmetic purposes.

2001, c. 51, s. 56; 2005, c. 38, s. 147.

752.0.11.2. Where a person engaged in the business of providing transportation services is not readily available and an individual makes use of a vehicle for the purposes described in paragraph h of section 752.0.11.1, a reasonable amount in respect of the operation of the vehicle is deemed, for the purposes of the said paragraph and subparagraph b of the second paragraph of section 752.0.11, to have been paid to such person by the individual or his legal representatives.

1990, c. 59, s. 289.

752.0.11.3. For the purposes of subparagraph b of the second paragraph of section 752.0.11, the following rules apply:

(a)  any amount included in computing the income of an individual or of the individual’s spouse for a taxation year from an office or employment in respect of a medical expense described in section 752.0.11.1 and paid or provided by an employer at a particular time for the benefit of the individual, the individual’s spouse or a person referred to in section 752.0.12 who is a dependant of the individual is deemed to be a medical expense paid at that time by the individual or the individual’s spouse, as the case may be;

(b)  an amount to be paid for the year by an individual under subdivision 2 of Division I.1 of Chapter IV of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) is deemed to be paid on 31 December of the year for which that amount is required to be paid.

1990, c. 59, s. 289; 1997, c. 14, s. 115; 2001, c. 51, s. 57.

752.0.11.4. For the purposes of subparagraph b of the second paragraph of section 752.0.11, the aggregate of all amounts each of which is an amount that an individual includes in computing the aggregate described in that subparagraph b for a taxation year, that is attributable to the cost of eyeglass frames acquired in the period referred to in subparagraph i or ii of that subparagraph b, determined in respect of that year, and that is paid for the benefit of a particular person who is the individual, the individual’s spouse or a dependant of the individual referred to in section 752.0.12, may not exceed $200.

2005, c. 38, s. 148.

752.0.12. The expenses referred to in subparagraph b of the second paragraph of section 752.0.11, except where that subparagraph b refers to the expenses described in paragraph o.6 of section 752.0.11.1, must have been paid for the benefit of the individual, the individual’s spouse or any other person who is a dependant of the individual in the taxation year in which the expenses were incurred.

The expenses referred to in subparagraph b of the second paragraph of section 752.0.11, where that subparagraph b refers to the expenses described in paragraph o.6 of section 752.0.11.1, must have been paid in the taxation year in which the expenses were incurred.

1989, c. 5, s. 104; 1993, c. 64, s. 70; 2001, c. 53, s. 116; 2005, c. 1, s. 162.

752.0.12.1. For the purposes of subparagraph b of the second paragraph of section 752.0.11, the expenses or the expenditure, as the case may be, taken into account in determining an amount that an individual or the individual’s spouse is deemed to have paid to the Minister under section 1029.8.61.5 or 1029.8.63 for a preceding taxation year or has deducted under section 118.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing the tax payable under that Act by the individual for a preceding taxation year in respect of which the individual was not liable to pay tax under this Part shall not be included as medical expenses of the individual for a taxation year.

1995, c. 1, s. 80; 1997, c. 14, s. 116; 2000, c. 39, s. 62.

752.0.13. For the purposes of subparagraph b of the second paragraph of section 752.0.11, there shall not be included as a medical expense of an individual any expense to the extent that the individual, the individual’s spouse, a particular person referred to in section 752.0.12 who is a dependant of the individual, any person related to the individual, the individual’s spouse or that particular person, or the legal representative of any of them is entitled to be reimbursed for the expense, except to the extent that the amount of the reimbursement is required to be included in computing income and is not deductible in computing taxable income.

1989, c. 5, s. 104; 1994, c. 22, s. 263; 2000, c. 5, s. 165.

752.0.13.0.1. Where, for a taxation year, an individual would, but for this section, be entitled to include, in computing the amount determined in respect of the individual for the year under subparagraph b of the second paragraph of section 752.0.11, medical expenses that are the same as those that would, but for this section, be included in computing the amount determined in respect of one or more other individuals for the year under that subparagraph b, the aggregate of the amounts that may be so included by the individuals in respect of those medical expenses shall not exceed the amount that, if only one individual were entitled to include those medical expenses in computing the amount determined in his respect for the year under that subparagraph, would be so included by the individual in respect of those medical expenses.

Where the individuals cannot agree as to what portion of the amount of medical expenses each would, but for this section, be entitled to include in computing the amount determined in his respect for the year under subparagraph b of the second paragraph of section 752.0.11, the Minister may determine that portion of the amount for the year.

1997, c. 14, s. 117.

752.0.13.1. An individual may deduct from his tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the amount of the reasonable travel and lodging expenses paid in the year by either the individual or his legal representatives, in respect of a particular person referred to in section 752.0.13.2, so that the particular person may obtain in Québec medical care not available in Québec within 250 kilometres of the locality where he lives, or in respect of such a particular person and the person accompanying him so that the particular person may obtain such medical care where, in the latter case, the particular person is under 18 years of age in the year or is unable to travel unassisted if, in either case, the individual files with the Minister the prescribed form whereon a physician certifies that care equivalent or virtually equivalent to that obtained is not available in Québec within 250 kilometres of the locality where the particular person lives and, where such is the case, that the particular person is unable to travel unassisted.

The travel and lodging expenses referred to in the first paragraph do not include

(a)  the expenses related to artificial insemination or in vitro fertilization treatments undergone by an individual or the individual’s spouse in order to enable the individual and the individual’s spouse to become parents; and

(b)  the transportation, travel or lodging expenses paid for medical, paramedical or dental services provided for purely cosmetic purposes.

1990, c. 7, s. 61; 1997, c. 85, s. 330; 2001, c. 51, s. 58; 2005, c. 38, s. 149.

752.0.13.1.1. An individual who moves from a former residence situated in Québec at which the individual ordinarily lived to a new residence, at which the individual ordinarily lives, situated in Québec not more than 80 kilometres from a health establishment situated in Québec so that a particular person referred to in section 752.0.13.2 may obtain, at that establishment, medical care not available in Québec within 250 kilometres of the locality in which the former residence of the individual is situated, may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the amount of the moving expenses referred to in the second paragraph paid in the year by the individual or the individual’s legal representatives in respect of the move, if the individual files with the Minister the prescribed form whereon a physician certifies that the medical care may reasonably be expected to last at least six months and whereon that physician and the director general, or the director general’s delegate in that respect, of a health establishment that is in the area in which the former residence of the individual is situated certify that care equivalent or virtually equivalent to that obtained is not available in Québec within 250 kilometres of the locality where the former residence of the individual is situated.

The moving expenses referred to in the first paragraph are those described in section 350 in respect of which the individual has not deducted an amount under section 752.0.13.1 in computing his tax payable for a taxation year.

1993, c. 19, s. 53; 1997, c. 85, s. 330; 2001, c. 51, s. 59.

752.0.13.2. The particular person to whom sections 752.0.13.1 and 752.0.13.1.1 refer is the individual, the individual’s spouse or any person dependent on the individual during the taxation year in which the expenses were incurred.

1990, c. 7, s. 61; 1993, c. 19, s. 54; 2005, c. 1, s. 163.

752.0.13.3. For the purposes of sections 752.0.13.1 and 752.0.13.1.1,

(a)  any amount included in computing an individual’s income for a taxation year from an office or employment in respect of travel and lodging expenses referred to in section 752.0.13.1 or moving expenses referred to in section 752.0.13.1.1, and paid or furnished by an employer at any particular time, is deemed to constitute travel and lodging expenses or moving expenses, as the case may be, paid at that particular time by the individual;

(b)  the expenses in respect of which the individual has deducted, for a taxation year, an amount under any other provision of this Part and the expenses for which the individual or his legal representatives have received a reimbursement or are entitled thereto are not considered travel and lodging expenses or moving expenses paid by the individual in a year except, in the latter case, to the extent that the amount of the expenses is required to be included in computing the individual’s income under this Part.

1990, c. 7, s. 61; 1993, c. 19, s. 54.

752.0.13.4. (Repealed).

1993, c. 64, s. 71; 1997, c. 85, s. 330; 1999, c. 89, s. 53; 2001, c. 51, s. 60; 2005, c. 1, s. 164.

752.0.13.5. (Repealed).

1993, c. 64, s. 71; 1996, c. 39, s. 273; 2005, c. 1, s. 164.

752.0.14. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the amount of $2,295 if

(a)  the individual has a severe and prolonged impairment in mental or physical functions the effects of which are such that

i.  the individual’s ability to perform a basic activity of daily living is markedly restricted, or

ii.  the individual’s ability to perform more than one basic activity of daily living is significantly restricted if the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living;

(b)  in the case where subparagraph i of subparagraph a applies, a physician, or, where the individual has a sight impairment, a physician or an optometrist, or, where the individual has a speech impairment, a physician or a speech-language pathologist, or, where the individual has a hearing impairment, a physician or an audiologist, or, where the individual has an impairment with respect to the individual’s ability in feeding or dressing himself or herself, a physician or an occupational therapist, or, where the individual has an impairment with respect to the individual’s ability in walking, a physician, an occupational therapist or a physiotherapist, or, where the individual has an impairment with respect to the individual’s ability in mental functions necessary for everyday life, a physician or a psychologist, has certified in prescribed form that the individual has an impairment referred to in subparagraph i of subparagraph a;

(b.1)  in the case where subparagraph ii of subparagraph a applies, a physician or, where the individual has an impairment with respect to the individual’s ability in walking or in feeding or dressing himself or herself, a physician or an occupational therapist, has certified in prescribed form that the individual has an impairment referred to in subparagraph ii of subparagraph a;

(c)  the individual has filed with the Minister the certificate referred to in paragraph b or b.1 for the year; and

(d)  neither the individual nor any other person has included, in computing a deduction under section 752.0.11 for the year, otherwise than by reason of paragraph m.1 of section 752.0.11.1, an amount in respect of remuneration for an attendant or care in a nursing home, in respect of the individual.

Despite the first paragraph, if the individual is a person in respect of whom another individual receives, in the year, an amount to which subparagraph b of the second paragraph of section 1029.8.61.18 refers, the amount in dollars that, with reference to section 750.2, would otherwise be deductible under that first paragraph for the year is to be replaced by an amount equal to the proportion of that amount that the number of months in the year in respect of which such an amount is not received in respect of the individual is of 12.

1989, c. 5, s. 104; 1993, c. 16, s. 282; 1997, c. 85, s. 330; 2000, c. 5, s. 166; 2001, c. 51, s. 61; 2001, c. 53, s. 117; 2003, c. 2, s. 223; 2005, c. 1, s. 165; 2005, c. 38, s. 150; 2006, c. 36, s. 73; 2009, c. 5, s. 289.

752.0.15. (Repealed).

1989, c. 5, s. 104; 1993, c. 16, s. 283; 1993, c. 64, s. 72; 1994, c. 22, s. 264; 1995, c. 1, s. 81; 1997, c. 14, s. 290; 1997, c. 85, s. 330; 2000, c. 39, s. 63; 2001, c. 51, s. 62; 2003, c. 9, s. 85; 2005, c. 1, s. 166; 2005, c. 38, s. 151.

752.0.15.1. (Repealed).

2000, c. 39, s. 64; 2005, c. 1, s. 167; 2005, c. 38, s. 151.

752.0.16. (Repealed).

1989, c. 5, s. 104; 2005, c. 38, s. 151.

752.0.17. For the purposes of sections 42.0.1 and 752.0.11 to 752.0.14 and this section,

(a)  an impairment is prolonged where it has lasted, or may reasonably be expected to last, for a continuous period of a least 12 months;

(b)  an individual’s ability to perform a basic activity of daily living is markedly restricted solely where

i.  all or substantially all of the time, even with therapy and the use of appropriate devices and medication, the individual is blind or unable, or requires an inordinate amount of time, to perform a basic activity of daily living, or

ii.  because of a chronic disease, the individual must spend, at least twice a week, a total of not less than 14 hours on therapy, prescribed by a physician, that is essential to sustain one of the individual’s vital functions;

(b.1)  an individual is considered to have the equivalent of a marked restriction in a basic activity of daily living only where all or substantially all of the time, even with therapy and the use of appropriate devices and medication, the individual’s ability to perform more than one basic activity of daily living, including the ability to see, is significantly restricted, and the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living;

(c)  a basic activity of daily living of an individual means

i.  mental functions necessary for everyday life,

ii.  feeding or dressing oneself,

iii.  speaking so as to be understood, in a quiet setting,

iv.  hearing so as to understand, in a quiet setting,

v.  eliminating (bowel or bladder functions), or

vi.  walking;

(d)  for greater certainty, no other activity, including working, housekeeping or a social or recreational activity, shall be considered as a basic activity of daily living;

(d.1)  mental functions necessary for everyday life include

i.  memory,

ii.  problem solving, goal-setting and judgement, and

iii.  adaptive functioning;

(e)  feeding oneself does not include

i.  identifying, finding, shopping for or otherwise procuring food, or

ii.  preparing food to the extent that the time associated with the activity would not have been necessary in the absence of a dietary restriction or regime; and

(f)  dressing oneself does not include identifying, finding, shopping for or otherwise procuring clothing.

For the purposes of subparagraph ii of subparagraph b of the first paragraph, the therapy essential to sustain one of the vital functions of an individual who is suffering from a chronic disease does not include therapy that may reasonably be expected to have a beneficial effect on an individual who is not suffering from such a chronic disease.

Where an amount has been deducted under section 752.0.14 or 776.41.5 in respect of an individual, any person referred to in that section shall, on request in writing by the Minister for information with respect to the individual’s impairment and its effect on the individual or with respect to the therapy referred to in subparagraph ii of subparagraph b of the first paragraph that is, where applicable, required to be administered to the individual, provide the information so requested in writing.

1989, c. 5, s. 104; 1990, c. 59, s. 290; 1993, c. 16, s. 284; 2000, c. 39, s. 65; 2002, c. 40, s. 69; 2003, c. 2, s. 224; 2003, c. 9, s. 86; 2005, c. 1, s. 168; 2005, c. 38, s. 152; 2006, c. 36, s. 74.

752.0.18. For the purposes of sections 358.0.1 and 752.0.11 to 752.0.14, “practitioner” means

(a)  a person practising a profession within the scope of which health-related care and treatments are provided to individuals, unless the person is practising a profession described in the second paragraph, in which case, a person practising such a profession in respect of the services mentioned in that paragraph, and who is authorized to practise such a profession in accordance with

i.  the laws of the jurisdiction in which services are rendered, in the case of services rendered by such a person to an individual,

ii.  the laws of the jurisdiction in which an individual resides or of a province, in the case of a certificate issued by such a person in respect of that individual, or

iii.  the laws of the jurisdiction in which an individual resides, of a province or of the jurisdiction in which the property is provided, in the case of a prescription issued by such a person for property to be provided to or for the use of the individual;

(b)  a person practising the profession of homeopath, naturopath, osteopath or phytotherapist, in respect of the services the person provides in that capacity;

(c)  a person practising the profession of psychoanalyst or sexologist, in respect of therapy services; and

(d)  a person practising the profession of psychotherapist, in respect of therapy and rehabilitation services.

The professions to which subparagraph a of the first paragraph refers are

(a)  the profession of psychologist, in respect of therapy and rehabilitation services;

(b)  the profession of social worker, in respect of psychotherapy services and rehabilitation services for accident victims or persons suffering from an illness or disability; and

(c)  the profession of vocational guidance counsellor or psychoeducator, in respect of psychotherapy services, if the person practising the profession is duly certified as a psychotherapist by the Ordre des conseillers et conseillères d’orientation et des psychoéducateurs et psychoéducatrices du Québec.

For the purposes of sections 752.0.11 to 752.0.14 and 1029.8.67 to 1029.8.81, a reference to an audiologist, dentist, occupational therapist, nurse, physician, optometrist, speech-language pathologist, pharmacist, physiotherapist or psychologist is a reference to a person authorized to practise as such in accordance with any of subparagraphs i to iii of subparagraph a of the first paragraph.

1989, c. 5, s. 104; 1990, c. 59, s. 291; 1995, c. 1, s. 82; 1997, c. 14, s. 290; 2000, c. 5, s. 167; 2001, c. 53, s. 118; 2003, c. 2, s. 225; 2005, c. 38, s. 153; 2006, c. 36, s. 75.

752.0.18.0.1. For the purposes of the first paragraph of section 752.0.12 and section 752.0.13.2, a dependant of an individual during a taxation year means a person who

(a)  is supported by the individual during the year;

(b)  during the year, lives ordinarily with the individual or is deemed to live ordinarily with the individual under the second paragraph; and

(c)  is the child, grandchild, brother, sister, nephew, niece, uncle, aunt, great-uncle, great-aunt, father, mother or any other direct ascendant of the individual or of the spouse of the individual.

For the purposes of subparagraph b of the first paragraph, a person who, during a year, does not live ordinarily with the individual and who, during the year, is a dependant of the individual by reason of mental or physical infirmity, is deemed to ordinarily live with that individual during that year, except if the person has not been resident in Canada at any time in the year where the person is not the child or grandchild of the individual or of the spouse of the individual.

2005, c. 1, s. 169.

CHAPTER I.0.3.1

Repealed, 2005, c. 1, s. 170.

1993, c. 64, s. 73; 1997, c. 14, s. 290; 2005, c. 1, s. 170.

752.0.18.1. (Repealed).

1993, c. 64, s. 73; 1997, c. 14, s. 290; 1997, c. 85, s. 330; 2001, c. 51, s. 63; 2005, c. 1, s. 170.

752.0.18.2. (Repealed).

1997, c. 14, s. 118; 1997, c. 85, s. 134; 1999, c. 83, s. 97; 2000, c. 39, s. 264; 2001, c. 51, s. 64; 2002, c. 40, s. 70; 2003, c. 9, s. 87; 2005, c. 1, s. 170.

CHAPTER I.0.3.2 TAX CREDITS FOR DUES TO A PROFESSIONAL ASSOCIATION OR TO CERTAIN OTHER ENTITIES AND FOR A CONTRIBUTION TO THE OFFICE DES PROFESSIONS DU QUÉBEC

1997, c. 14, s. 118.

752.0.18.3. An individual who, in a taxation year, performs the duties of an office or employment may deduct from the individual’s tax otherwise payable for the year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the aggregate of all amounts each of which is an amount paid by the individual in the year as any of the following dues or as the following contribution, to the extent that the individual has not been reimbursed, and is not entitled to be reimbursed, in respect thereof by the entity to which the amount is paid and that the amount may reasonably be regarded as relating to the office or employment:

(a)  annual professional membership dues the payment of which was necessary to maintain a professional status recognized by statute;

(b)  annual dues the payment of which was necessary to maintain membership in an association of employees within the meaning of the Labour Code (chapter C-27);

(c)  annual dues that were retained by the individual’s employer from the individual’s remuneration in accordance with a collective agreement and paid to an association of employees within the meaning of the Labour Code of which the individual was not a member;

(d)  dues to a parity or advisory committee or similar body, the payment of which was required under the Act respecting collective agreement decrees (chapter D-2) or under similar laws of a province other than Québec by reason of the individual’s employment for the year;

(e)  annual dues to the Commission de la construction du Québec, the payment of which was required under the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) by reason of the duties of an office or employment performed by the individual in the year;

(f)  annual dues the payment of which was necessary to maintain membership in an association of employees recognized by the Minister as an association of employees the primary object of which is to study, safeguard and promote the economic interests of its members;

(g)  annual dues the payment of which was necessary to maintain membership in an artists’ association recognized by the Minister on the recommendation of the Minister of Culture and Communications;

(h)  a contribution the individual was required to pay under section 10 of the Act to amend the Professional Code (1995, chapter 50) or section 196.2 of the Professional Code (chapter C-26);

(i)  annual dues the payment of which is necessary to maintain a taxi driver’s permit, within the meaning of the Act respecting transportation services by taxi (chapter S-6.01).

1997, c. 14, s. 118; 1997, c. 85, s. 330; 2001, c. 51, s. 65; 2003, c. 9, s. 88; 2007, c. 3, s. 72; 2008, c. 11, s. 185; 2009, c. 15, s. 146.

752.0.18.4. Where, in a particular taxation year, an individual pays, in relation to the duties of an office or employment performed by him in the preceding taxation year, an amount as dues referred to in any of paragraphs b to g and i of section 752.0.18.3, the individual is deemed, in respect of that amount, to have performed the duties of that office or employment in the particular taxation year.

The presumption established in the first paragraph does not apply in respect of an amount paid by an individual in a particular taxation year, in relation to the duties of an office or employment performed by him in the preceding taxation year, as dues referred to in paragraph f of section 752.0.18.3, where the individual included, in the aggregate referred to in that section for the preceding taxation year, an amount paid by him in that year, in relation to the office or employment, as dues referred to in any of paragraphs b to e and i of that section.

1997, c. 14, s. 118; 2005, c. 1, s. 171.

752.0.18.5. Where, in a taxation year, an individual pays, in relation to the duties of an office or employment performed by him in the year, an amount as dues referred to in any of paragraphs b to e and i of section 752.0.18.3 and includes that amount in the aggregate referred to in that section for the year, he shall not include, in that aggregate, an amount paid by him in the year, in relation to that office or employment, as dues referred to in paragraph f of that section.

1997, c. 14, s. 118; 2005, c. 1, s. 172.

752.0.18.6. The dues referred to in paragraphs a, b, d to g and i of section 752.0.18.3 do not include the portion thereof that is, in effect, levied under a retirement plan, a plan for annuities, insurance or similar benefits, or for any other purpose not directly related to the ordinary operating expenses of the entity to which they were paid or that corresponds to the Québec sales tax or the goods and services tax in respect of such dues.

However, where an individual is not entitled to a rebate of the Québec sales tax under the Act respecting the Québec sales tax (chapter T-0.1) or of the goods and services tax under the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) in respect of dues referred to in paragraph a of section 752.0.18.3, the amount of the dues includes the part thereof that corresponds to the Québec sales tax or the goods and services tax in respect of such dues.

1997, c. 14, s. 118; 2002, c. 40, s. 71; 2005, c. 1, s. 173.

752.0.18.7. Where, in a taxation year, an individual pays, in relation to the duties of an office or employment performed by him in the year, an amount as dues or a contribution described in section 752.0.18.3, he shall not include that amount in the aggregate referred to in that section for the year if all of his income for the year from that office or employment is not required to be included in computing his income for the year or is deductible in computing his taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7 and 737.22.0.10.

1997, c. 14, s. 118; 1997, c. 85, s. 135; 1999, c. 83, s. 98; 2000, c. 39, s. 264; 2002, c. 40, s. 72; 2003, c. 9, s. 89.

752.0.18.8. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the aggregate of all amounts each of which is an amount that would, but for section 134.1, be deductible in computing the individual’s income for the year from a business or property as dues or a contribution referred to in any of subparagraphs a to c of the first paragraph of section 134.1 and that has not been taken into account in determining an amount that was deducted under this section in computing the individual’s tax payable under this Part for a preceding taxation year.

1997, c. 14, s. 118; 1997, c. 85, s. 330; 2001, c. 51, s. 66.

752.0.18.9. If an amount would, but for section 134.1, be deductible in computing an individual’s income for a taxation year from a business or property as dues or a contribution referred to in any of subparagraphs a to c of the first paragraph of that section, the individual shall not include that amount in the aggregate referred to in section 752.0.18.8 for the year if all of the individual’s income for the year from that business or property is not required to be included in computing the individual’s income for the year or is deductible in computing the individual’s taxable income for the year under any of sections 725, 737.16, 737.18.10, 737.18.34 and 737.22.0.10.

1997, c. 14, s. 118; 2000, c. 39, s. 264; 2003, c. 9, s. 90; 2010, c. 25, s. 73.

CHAPTER I.0.3.3 TAX CREDIT FOR TUITION FEES AND EXAMINATION FEES

1997, c. 85, s. 136.

752.0.18.10. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the amount by which the amount determined under section 752.0.18.13.1 for the year is exceeded by the aggregate of

(a)  the amount of the individual’s tuition fees paid in respect of the year or a preceding year if that year is subsequent to the taxation year 1996, where the individual was, in the year in respect of which those fees are paid, an enrolled student and the fees are paid to one of the following educational institutions and where the conditions set out in section 752.0.18.13 are met in respect of that amount:

i.  an educational institution in Canada that is a university, college or other institution providing post-secondary education, if the fees are paid in respect of an instructional program at the post-secondary school level,

ii.  an educational institution in Canada recognized by the Minister to be an institution providing courses, other than courses designed for university credit, that furnish a person with skills for, or improve a person’s skills in, an occupation,

iii.  an educational institution in the United States that is a university, college or other institution providing post-secondary education, if the individual resided in Canada throughout the year near the boundary between Canada and the United States, commuted between the individual’s residence and the educational institution and paid the fees in respect of an instructional program at the post-secondary school level, or

iv.  a university outside Canada if the individual pursued full-time studies leading to a degree, for a period of at least thirteen consecutive weeks; and

(b)  the amount of the individual’s examination fees paid in respect of the year or a preceding year if that year is subsequent to the taxation year 1996 to a professional order mentioned in Schedule I to the Professional Code (chapter C-26) where the examination is required to allow the individual to become a member of the corporation and the conditions set out in section 752.0.18.13 are met in respect of that amount;

(c)  the amount of the individual’s examination fees paid in respect of the year or a preceding year if that year is subsequent to the taxation year 2004 to a professional organization in Canada or the United States, where the conditions set out in section 752.0.18.13 are met in respect of that amount and the individual must pass the examination in order to

i.  be issued a permit to practise by a professional order mentioned in Schedule I to the Professional Code,

ii.  be granted a title by the Canadian Institute of Actuaries, or

iii.  be permitted to take another examination of that professional organization which the individual must pass in order to be issued a permit referred to in subparagraph i or be granted a title referred to in subparagraph ii.

1997, c. 85, s. 136; 2000, c. 5, s. 168; 2001, c. 51, s. 67; 2003, c. 2, s. 226; 2006, c. 13, s. 58; 2009, c. 5, s. 290.

752.0.18.10.1. For the purposes of section 752.0.18.10, the tuition fees of an individual include ancillary fees and charges that are paid to an educational institution referred to in subparagraph i of paragraph a of section 752.0.18.10 in respect of the individual’s enrolment in a program at a post-secondary school level, but does not include

(a)  any fee or charge to the extent that it is levied in respect of

i.  a student association,

ii.  property to be acquired by students,

iii.  services not ordinarily provided at educational institutions in Canada that offer courses at a post-secondary school level,

iv.  (subparagraph repealed);

v.  the construction, renovation or maintenance of any building or facility, except to the extent that the building or facility is owned by the educational institution and used to provide

(1)  courses at the post-secondary school level, or

(2)  services for which, if fees or charges in respect of the services were required to be paid by all students of the educational institution, the fees or charges would be included because of this section in the fees for an individual’s tuition; and

(b)  any fee or charge for a taxation year that, but for this paragraph, would be included because of this section in the fees for the individual’s tuition and that is not required to be paid by all of the educational institution’s full-time students, where the individual is a full-time student at the educational institution, and all of the educational institution’s part-time students, where the individual is a part-time student at the educational institution, to the extent that the total amount for the year of all such fees and charges paid in respect of the individual’s enrolment at the institution exceeds $250.

2000, c. 5, s. 169; 2001, c. 51, s. 68; 2002, c. 40, s. 73.

752.0.18.11. The deduction provided for in section 752.0.18.10 in respect of an individual is allowable only if the total amount of the tuition fees and the examination fees paid in respect of a taxation year exceeds $100.

1997, c. 85, s. 136.

752.0.18.12. For the purposes of section 752.0.18.10, the amount of tuition fees and examination fees paid in respect of a taxation year does not include

(a)  an amount paid for one of those purposes on the individual’s behalf by the individual’s employer or by an employer of the individual’s father or mother, unless the amount is included in computing the individual’s income or that of the individual’s father or mother, as the case may be;

(b)  where the tuition fees are paid to an educational institution referred to in subparagraph i or ii of paragraph a of section 752.0.18.10,

i.  the fees in respect of which the individual is or was entitled to receive a reimbursement or any form of assistance under a program of the State or of Her Majesty in right of Canada or a province, other than Québec, designed to facilitate the entry or re-entry of workers into the labour force, where the amount of the reimbursement or assistance, as the case may be, is not included in computing the individual’s income, or

ii.  the fees paid on the individual’s behalf, or in respect of which the individual is or was entitled to receive a reimbursement, under a program of Her Majesty in right of Canada designed to assist athletes, where the payment or reimbursement, as the case may be, is not included in computing the individual’s income;

(c)  the fees paid to an educational institution referred to in subparagraph ii of paragraph a of section 752.0.18.10 if,

i.  the individual had not yet reached 16 years of age at the end of the year in respect of which the fees are paid, or

ii.  it is not reasonable to consider that the purpose of the individual’s enrolment at the institution was to furnish the individual with skills for, or to improve the individual’s skills in, an occupation.

1997, c. 85, s. 136; 1998, c. 16, s. 186; 2000, c. 5, s. 170; 2001, c. 7, s. 169; 2006, c. 13, s. 59.

752.0.18.12.1. For the application of section 752.0.18.10 to an individual for a particular taxation year, the aggregate of the amounts described in that section does not include the amount of the tuition fees and examination fees paid in respect of a preceding year throughout which the individual was not resident in Canada.

2006, c. 13, s. 60.

752.0.18.13. The conditions to which section 752.0.18.10 refers in respect of an amount for a taxation year in relation to an individual are as follows:

(a)  the amount was not taken into account in determining an amount that was deducted under this chapter in computing the individual’s tax payable under this Part for a preceding taxation year;

(b)  the amount was not taken into account in determining an amount that was deducted under section 118.5, 118.8 or 118.9 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in computing the individual’s or another person’s tax payable under that Act for a preceding taxation year in respect of which the individual was not subject to tax under this Part.

1997, c. 85, s. 136.

752.0.18.13.1. The amount to which the portion of section 752.0.18.10 before paragraph a refers, for a taxation year and in relation to an individual, is equal to the aggregate of all amounts each of which is determined by the formula

A/B.

In the formula in the first paragraph,

(a)  A is an amount transferred by the individual to another individual, in accordance with section 776.41.21, for the year or for a preceding taxation year (in this paragraph referred to as the “transfer year”); and

(b)  B is the percentage determined under section 750.1 for the transfer year.

2009, c. 5, s. 291.

752.0.18.14. Where an individual is absent from Canada but resident in Québec for all or part of a taxation year in respect of which tuition fees are paid, subparagraphs i and ii of paragraph a of section 752.0.18.10 shall be read, in relation to fees paid in respect of that year, without reference to the words “in Canada”.

1997, c. 85, s. 136.

CHAPTER I.0.3.3.1 CREDIT FOR INTEREST ON STUDENT LOANS

2001, c. 53, s. 119.

752.0.18.15. An individual may deduct from the individual’s tax otherwise payable for a taxation year under this Part an amount equal to the amount obtained by multiplying the percentage specified in section 750.1 for the year by the aggregate of all amounts each of which is an amount of interest, other than any amount paid on account of or in satisfaction of interest under a judgment, paid in the year or in a preceding taxation year that is after the year 1997 by the individual or a person related to the individual on a loan made to, or other amount owing by, the individual under

(a)  the Act respecting financial assistance for education expenses (chapter A-13.3);

(b)  the Canada Student Loans Act (Revised Statutes of Canada, 1985, chapter S-23);

(c)  the Canada Student Financial Assistance Act (Statutes of Canada, 1994, chapter 28); or

(d)  a law of a province other than Québec governing the granting of financial assistance to students at the post-secondary school level.

However, in computing the deduction provided for in the first paragraph in respect of an individual for a taxation year, an amount of interest paid in a preceding taxation year shall not be taken into account if it was taken into account in determining an amount that was deducted under this section for another taxation year or if it was taken into account in determining an amount that was deducted under section 118.62 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for a taxation year in which the individual was not subject to tax under this Part.

2001, c. 53, s. 119.

CHAPTER I.0.4

Repealed, 2003, c. 9, s. 91.

1989, c. 5, s. 104; 1997, c. 85, s. 137; 2003, c. 9, s. 91.

752.0.19. (Repealed).

1989, c. 5, s. 104; 1993, c. 64, s. 74; 1997, c. 14, s. 290; 1997, c. 85, s. 138; 2000, c. 39, s. 66; 2001, c. 53, s. 120; 2003, c. 9, s. 91.

CHAPTER I.0.5

Repealed, 1995, c. 63, s. 60.

1989, c. 5, s. 104; 1995, c. 63, s. 60.

752.0.20. (Repealed).

1989, c. 5, s. 104; 1990, c. 7, s. 62; 1991, c. 8, s. 45; 1992, c. 1, s. 56; 1993, c. 19, s. 55; 1993, c. 64, s. 75; 1995, c. 1, s. 83; 1995, c. 63, s. 60.

752.0.21. (Repealed).

1989, c. 5, s. 104; 1990, c. 7, s. 63; 1994, c. 22, s. 265; 1995, c. 63, s. 60.

CHAPTER I.0.6 ORDERING OF CREDITS

1989, c. 5, s. 104.

752.0.22. For the purpose of computing the tax payable under this Part by an individual, the following provisions shall be applied in the following order: sections 752.0.0.1, 752.0.1, 776.41.14, 752.0.7.4, 752.0.18.3, 776.1.5.0.17, 776.1.5.0.18, 752.0.18.8, 752.0.14, 752.0.11 to 752.0.13.1.1, 776.41.21, 752.0.10.6, 752.0.18.10, 752.0.18.15, 767 and 776.41.5.

1989, c. 5, s. 104; 1990, c. 7, s. 64; 1993, c. 19, s. 56; 1993, c. 64, s. 76; 1997, c. 14, s. 119; 1997, c. 85, s. 139; 2001, c. 53, s. 121; 2003, c. 9, s. 92; 2005, c. 1, s. 174; 2005, c. 38, s. 154; 2006, c. 36, s. 76; 2009, c. 5, s. 292.

CHAPTER I.0.7 INDIVIDUALS RESIDENT IN QUÉBEC AND CARRYING ON BUSINESS OUTSIDE QUÉBEC IN CANADA AND INDIVIDUALS RESIDENT IN CANADA OUTSIDE QUÉBEC AND CARRYING ON BUSINESS IN QUÉBEC

1989, c. 5, s. 104.

752.0.23. Where an individual is referred to in the second paragraph of section 22 or 25, the amount that the individual may deduct under sections 752.0.0.1 to 752.0.18.15 in computing the individual’s tax payable for a taxation year under this Part shall not exceed the portion of that amount that is represented by the proportion referred to in the second paragraph of section 22 or 25.

1989, c. 5, s. 104; 1993, c. 64, s. 77; 2003, c. 9, s. 93; 2005, c. 1, s. 175.

752.0.23.1. (Repealed).

2005, c. 38, s. 155; 2009, c. 5, s. 293.

CHAPTER I.0.8 INDIVIDUALS RESIDENT IN CANADA FOR PART OF THE YEAR

1989, c. 5, s. 104.

752.0.24. Where an individual is resident in Canada only during part of a taxation year, the following rules apply for the purpose of computing his tax payable under this Part for the year:

(a)  only the following amounts may be deducted by the individual under sections 752.0.0.1 to 752.0.7 and 752.0.10.1 to 752.0.18.15 in respect of any period in the year throughout which the individual was resident in Canada:

i.  such of the amounts deductible under sections 752.0.10.6, 752.0.11 to 752.0.13.3, 752.0.18.3, 752.0.18.8, 752.0.18.10 and 752.0.18.15 as can reasonably be considered wholly applicable to such a period, computed as though that period were a whole taxation year,

ii.  such of the amounts as the individual would be allowed to deduct for the year under any of sections 752.0.0.1, 752.0.1 to 752.0.7 and 752.0.14 if the deduction were computed with each particular amount in dollars that is referred to in any of those sections and that would otherwise be applicable for the year, with reference to section 750.2, replaced by the proportion of the particular amount that the number of days in that period is of the number of days in the year, and as though that period were a whole taxation year; and

iii.  (subparagraph repealed);

(b)  the amount deductible for the year under each of sections 752.0.0.1 to 752.0.7 and 752.0.10.1 to 752.0.18.15 in respect of the part of the year that is not included in the period referred to in subparagraph a shall be computed as though such part were a whole taxation year.

Notwithstanding the foregoing, the amount deductible for the year by the individual under any of sections 752.0.0.1 to 752.0.7 and 752.0.10.1 to 752.0.18.15 shall not exceed the amount that would have been deductible under that section had the individual been resident in Canada throughout the year.

1989, c. 5, s. 104; 1990, c. 7, s. 65; 1993, c. 16, s. 285; 1993, c. 19, s. 57; 1993, c. 64, s. 78; 1995, c. 49, s. 174; 1997, c. 14, s. 120; 1997, c. 85, s. 140; 2001, c. 53, s. 122; 2003, c. 9, s. 94; 2005, c. 1, s. 176; 2005, c. 38, s. 156; 2009, c. 5, s. 294.

752.0.24.1. For the purposes of sections 752.0.0.4 to 752.0.0.6, if an individual to whom section 752.0.0.3 applies for a taxation year is resident in Canada only during part of the year, there shall be taken into account, as a covered benefit attributable to the year, only an amount that can reasonably be considered wholly attributable to any period in the year throughout which the individual was resident in Canada.

2005, c. 38, s. 157; 2009, c. 5, s. 295.

CHAPTER I.0.9 INDIVIDUALS RESIDENT OUTSIDE CANADA

1989, c. 5, s. 104.

752.0.25. Where an individual is referred to in the second paragraph of section 26, sections 752.0.0.1 to 752.0.18.15 do not apply for the purpose of computing the individual’s tax payable under this Part for a taxation year.

However, the individual may deduct, in computing the individual’s tax payable under this Part for such a taxation year,

(a)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, such portion of the amounts determined under sections 752.0.0.1 to 752.0.10 and 752.0.11 to 752.0.13.1.1, as is represented by the proportion described in the second paragraph of section 26; and

(b)  such portion of the amounts determined under sections 752.0.10.1 to 752.0.10.18, 752.0.14, 752.0.18.3, 752.0.18.8, 752.0.18.10 and 752.0.18.15, as is represented by the proportion described in the second paragraph of section 26.

1989, c. 5, s. 104; 1990, c. 7, s. 66; 1993, c. 19, s. 58; 1993, c. 64, s. 79; 1997, c. 14, s. 121; 1997, c. 85, s. 141; 2001, c. 51, s. 69; 2001, c. 53, s. 123; 2003, c. 9, s. 95; 2005, c. 1, s. 177; 2005, c. 38, s. 158.

CHAPTER I.0.10 SEPARATE RETURNS OF INCOME

1989, c. 5, s. 104.

752.0.26. If a separate fiscal return in respect of an individual is filed under any of sections 429, 681 and 1003 for a particular period and another fiscal return in respect of the same individual is filed under this Part for a period ending in the calendar year in which the particular period ends, for the purpose of computing the tax payable under this Part by the individual in such fiscal returns, the aggregate of the deductions claimed in all such returns under sections 752.0.7.1 to 752.0.18.15 must not exceed the aggregate of the deductions that could be claimed under those sections for the year in respect of the individual if no separate fiscal returns were filed under sections 429, 681 and 1003.

1989, c. 5, s. 104; 1993, c. 64, s. 80; 1997, c. 14, s. 290; 1997, c. 85, s. 142; 2001, c. 53, s. 124; 2005, c. 1, s. 178; 2009, c. 5, s. 296.

CHAPTER I.0.11 INDIVIDUALS IN BANKRUPTCY

1993, c. 64, s. 81.

752.0.27. Where an individual becomes a bankrupt in a calendar year, the following rules apply for the purpose of determining the amounts deductible under sections 752.0.0.1 to 752.0.7 and 752.0.14 to 752.0.18 in computing the individual’s tax payable under this Part for each of his taxation years contemplated in section 779 that end in the calendar year:

(a)  in the case of an amount deductible for such a taxation year under sections 752.0.1 to 752.0.7, the individual shall deduct only the portion of that amount otherwise determined that is equal to the proportion that the number of days in that taxation year is of the number of days in the calendar year;

(b)  in the case of an amount that is deductible for such a taxation year under section 752.0.0.1 or 752.0.14, the amount is to be computed as if the particular amount in dollars that is referred to in that section and that would otherwise be applicable for such a taxation year, with reference to section 750.2, was replaced by the proportion of that particular amount that the number of days in that taxation year is of the number of days in the calendar year; and

(b.1)  (subparagraph repealed);

(c)  the amount deductible by the individual in respect of all of those taxation years, under any of those sections, shall not exceed the amount that would have been deductible under that section had the individual not become a bankrupt during the calendar year.

For the purposes of subparagraph a of the first paragraph in respect of each of the taxation years referred to in section 779 that end in the calendar year in which an individual becomes a bankrupt, where the individual includes, in computing the aggregate referred to in section 752.0.1, an amount under paragraph f of section 752.0.1 in respect of a person who reaches 18 years of age in the calendar year and the person is under 18 years of age at the end of the taxation year that is deemed to end the day before the bankruptcy, the following rules apply:

(a)  the number of days in the taxation year that is deemed to end the day before the bankruptcy is deemed to be equal to zero; and

(b)  the number of days in the taxation year that is deemed to begin on the date of the bankruptcy is deemed to be equal to the number of days in the calendar year.

1993, c. 64, s. 81; 1996, c. 39, s. 206; 1997, c. 14, s. 122; 1997, c. 85, s. 143; 2003, c. 9, s. 96; 2005, c. 1, s. 179; 2005, c. 38, s. 159; 2009, c. 5, s. 297.

752.0.27.1. For the purposes of sections 752.0.0.4 to 752.0.0.6, if an individual becomes a bankrupt in a calendar year and section 752.0.0.3 applies in respect of the individual for each of the individual’s taxation years referred to in section 779 that end in the calendar year, there shall be taken into account, as a covered benefit attributable to any of those taxation years, only an amount that is wholly attributable to that taxation year.

2005, c. 38, s. 160; 2009, c. 5, s. 298.

CHAPTER I.1

Repealed, 2001, c. 53, s. 125.

1984, c. 15, s. 175; 2001, c. 53, s. 125.

DIVISION I

Repealed, 2001, c. 53, s. 125.

1984, c. 15, s. 175; 2001, c. 53, s. 125.

752.1. (Repealed).

1984, c. 15, s. 175; 1986, c. 15, s. 115; 1986, c. 72, s. 11; 1989, c. 5, s. 105; 2001, c. 53, s. 125.

DIVISION II

Repealed, 2001, c. 53, s. 125.

1984, c. 15, s. 175; 2001, c. 53, s. 125.

752.2. (Repealed).

1984, c. 15, s. 175; 1985, c. 25, s. 127; 1986, c. 15, s. 116; 1986, c. 72, s. 12; 1988, c. 4, s. 61; 1989, c. 5, s. 106; 1995, c. 63, s. 61; 1997, c. 31, s. 80; 2001, c. 53, s. 125.

DIVISION III

Repealed, 2001, c. 53, s. 125.

1984, c. 15, s. 175; 2001, c. 53, s. 125.

752.3. (Repealed).

1984, c. 15, s. 175; 2001, c. 53, s. 125.

752.4. (Repealed).

1984, c. 15, s. 175; 2001, c. 53, s. 125.

752.5. (Repealed).

1984, c. 15, s. 175; 1997, c. 31, s. 81; 2000, c. 39, s. 67; 2001, c. 53, s. 125.

CHAPTER I.2

Repealed, 1989, c. 5, s. 107.

1986, c. 15, s. 117; 1989, c. 5, s. 107.

DIVISION I

Repealed, 1989, c. 5, s. 107.

1986, c. 15, s. 117; 1989, c. 5, s. 107.

752.6. (Repealed).

1986, c. 15, s. 117; 1986, c. 103, s. 9; 1988, c. 4, s. 62; 1989, c. 5, s. 107.

752.7. (Repealed).

1986, c. 15, s. 117; 1989, c. 5, s. 107.

752.8. (Repealed).

1986, c. 15, s. 117; 1986, c. 103, s. 10; 1989, c. 5, s. 107.

752.9. (Repealed).

1986, c. 15, s. 117; 1986, c. 103, s. 10; 1989, c. 5, s. 107.

752.10. (Repealed).

1986, c. 15, s. 117; 1986, c. 103, s. 10; 1989, c. 5, s. 107.

DIVISION II

Repealed, 1989, c. 5, s. 107.

1986, c. 15, s. 117; 1989, c. 5, s. 107.

752.11. (Repealed).

1986, c. 15, s. 117; 1989, c. 5, s. 107.

CHAPTER I.3 ALTERNATIVE MINIMUM TAX CARRY-OVER

1988, c. 4, s. 63.

752.12. An individual may deduct from the amount that, but for this section and sections 752.14 and 766.6, would be the individual’s tax otherwise payable under this Part for a particular taxation year such amount as the individual may claim not exceeding the lesser of

(a)  the portion of the aggregate of his additional taxes determined under section 752.14 for the 7 taxation years immediately preceding the particular year that was not deducted in computing his tax otherwise payable under this Part for a taxation year preceding the particular year, and

(b)  the amount by which the amount that, but for this section and sections 752.14 and 766.6, would be the individual’s tax otherwise payable under this Part for the particular year, if such tax were determined under this Book without taking account of sections 772.2 to 772.13, 776, 776.1.1 to 776.1.5 and 776.1.5.0.11 to 776.1.5.0.14, exceeds the amount of the minimum tax applicable to that individual for the particular year as determined under section 776.46.

1988, c. 4, s. 63; 1989, c. 5, s. 108; 1990, c. 59, s. 292; 1992, c. 1, s. 57; 1995, c. 63, s. 62; 1997, c. 14, s. 123; 2001, c. 53, s. 126; 2002, c. 9, s. 18; 2010, c. 25, s. 74.

752.13. (Repealed).

1988, c. 4, s. 63; 1989, c. 5, s. 109.

752.14. For the purposes of section 752.12, additional tax of an individual for a taxation year is the amount by which the individual’s minimum tax applicable for the year as determined under section 776.46 exceeds the amount that would be the individual’s tax otherwise payable under this Part for the year if such amount were determined under this Book without reference to sections 772.2 to 772.13, 776, 776.1.1 to 776.1.5 and 776.1.5.0.11 to 776.1.5.0.14.

1988, c. 4, s. 63; 1989, c. 5, s. 110; 1990, c. 59, s. 293; 1992, c. 1, s. 58; 1995, c. 63, s. 63; 1997, c. 85, s. 144; 1999, c. 83, s. 99; 2001, c. 53, s. 127; 2002, c. 9, s. 19; 2009, c. 5, s. 299; 2010, c. 25, s. 75.

752.15. For the purposes of sections 752.12 and 752.14, the minimum tax applicable to an individual for a taxation year, as determined under section 776.46, must be computed, where applicable, by applying thereto the proportion referred to in the second paragraph of section 22, 25 or 26.

1988, c. 4, s. 63; 1989, c. 5, s. 110.

752.15.1. (Repealed).

1997, c. 85, s. 145; 1999, c. 83, s. 100.

752.16. Section 752.12 does not apply in respect of a separate fiscal return of an individual filed under the second paragraph of section 429 or section 681, 784 or 1003.

1988, c. 4, s. 63; 1989, c. 5, s. 110; 2001, c. 7, s. 106; 2001, c. 53, s. 128.

CHAPTER II

Repealed, 2001, c. 53, s. 129.

2001, c. 53, s. 129.

DIVISION I

Repealed, 1984, c. 15, s. 176.

1984, c. 15, s. 176.

753. (Repealed).

1972, c. 23, s. 566; 1984, c. 15, s. 176.

754. (Repealed).

1972, c. 23, s. 567; 1972, c. 26, s. 59; 1973, c. 17, s. 88; 1984, c. 15, s. 176.

755. (Repealed).

1972, c. 23, s. 568; 1984, c. 15, s. 176.

756. (Repealed).

1972, c. 23, s. 569; 1972, c. 26, s. 60; 1973, c. 17, s. 89; 1984, c. 15, s. 176.

757. (Repealed).

1972, c. 23, s. 570; 1975, c. 22, s. 210; 1976, c. 17, s. 1; 1978, c. 26, s. 136; 1979, c. 38, s. 23; 1984, c. 15, s. 176.

DIVISION II

Repealed, 2001, c. 53, s. 129.

2001, c. 53, s. 129.

758. (Repealed).

1972, c. 23, s. 571; 1993, c. 64, s. 82; 2001, c. 53, s. 129.

759. (Repealed).

1972, c. 23, s. 572; 1985, c. 25, s. 128; 1986, c. 19, s. 163; 1989, c. 5, s. 111; 2001, c. 53, s. 129.

760. (Repealed).

1972, c. 23, s. 573; 2001, c. 53, s. 129.

761. (Repealed).

1972, c. 23, s. 574; 1973, c. 17, s. 90; 1995, c. 63, s. 261; 2001, c. 53, s. 129.

762. (Repealed).

1972, c. 23, s. 575; 1984, c. 15, s. 177; 1989, c. 5, s. 112; 2001, c. 53, s. 129.

763. (Repealed).

1972, c. 23, s. 576; 2001, c. 53, s. 129.

764. (Repealed).

1972, c. 23, s. 577; 2001, c. 53, s. 129.

765. (Repealed).

1972, c. 23, s. 578; 2001, c. 53, s. 129.

766. (Repealed).

1972, c. 23, s. 579; 1985, c. 25, s. 129; 1997, c. 14, s. 124; 2001, c. 53, s. 129.

766.1. (Repealed).

1985, c. 25, s. 129; 1986, c. 19, s. 164; 2001, c. 53, s. 129.

CHAPTER II.1 TAX ADJUSTMENT RELATING TO CERTAIN RETROACTIVE PAYMENTS

1993, c. 16, s. 286; 2005, c. 38, s. 161.

766.2. An individual’s tax otherwise payable for a particular taxation year is to be adjusted in accordance with the second paragraph if

(a)  the individual is not required to include, by reason of the second paragraph of section 312.5, an amount in computing the individual’s income for the particular taxation year;

(a.1)  the individual is not required to include, by reason of the second paragraph of section 694.0.0.1, an amount in computing taxable income for the particular taxation year;

(b)  the individual is required to include, by reason of section 694.0.1, an amount in computing the individual’s taxable income for the particular taxation year; or

(c)  the individual deducts, by reason of section 725.1.2, an amount in computing the individual’s taxable income, or the individual’s taxable income earned in Canada as determined under Part II, for the particular taxation year.

The adjustment to which the first paragraph refers is made in the following manner:

(a)  the amount of the adjustment, in relation to the particular taxation year, is equal to the aggregate of all amounts each of which is the amount of the tax adjustment relating to the averaging, determined in respect of the individual, that is attributable to a preceding taxation year that is an eligible taxation year of the individual, hereinafter called the “taxation year to which the averaging applies”, to which an amount referred to in any of subparagraphs a to c of the first paragraph that the individual receives or pays in the particular taxation year relates, in whole or in part;

(b)  if the amount of the adjustment, in relation to the particular taxation year, determined in accordance with subparagraph a, is greater than or equal to zero, that amount is an amount that the individual is required to add to the individual’s tax otherwise payable under this Part for that particular year; and

(c)  if the amount of the adjustment, in relation to the particular taxation year, determined in accordance with subparagraph a, is less than zero, that amount expressed as a positive number is an amount that the individual may deduct from the individual’s tax otherwise payable under this Part for that particular year.

The amount of the tax adjustment relating to the averaging, determined in respect of the individual, that is attributable to a taxation year to which the averaging applies, for the purpose of determining the amount of the adjustment in relation to the particular taxation year, is equal to the positive or negative amount determined by the formula

(A - B) + C + D - (E - F).

In the formula in the third paragraph,

(a)  A is the total of the tax that would have been payable by the individual, for the taxation year to which the averaging applies, under this Part and, if the taxation year to which the averaging applies precedes the taxation year 1998, under Part I.1, as it read for that year, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for the taxation year to which the averaging applies;

(b)  B is the total of the tax payable by the individual, for the taxation year to which the averaging applies, under this Part and, if the taxation year to which the averaging applies precedes the taxation year 1998, under Part I.1, as it read for that year;

(c)  C is the aggregate of the amount by which the amount that a person, other than the individual, has deducted in computing the person’s tax otherwise payable under section 752.0.15 for the taxation year to which the averaging applies, as it read before being repealed, in respect of that taxation year, exceeds the amount that the person could have deducted in computing the person’s tax otherwise payable under section 752.0.15 for that year if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for the taxation year to which the averaging applies, and the following amount:

i.  if the taxation year to which the averaging applies is subsequent to the taxation year 2002, but precedes the taxation year 2007, and, in the case of the taxation year 2003 or 2004, the rules set out in Book V.2.1, as it read for that year, did not apply to the individual’s eligible spouse for the year, within the meaning of sections 776.41.1 to 776.41.4, the amount by which the amount that the spouse has deducted in computing the spouse’s tax otherwise payable for that year under section 776.41.5, exceeds the amount that the spouse could have deducted in computing the spouse’s tax otherwise payable for that year under section 776.41.5, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year,

ii.  if the taxation year to which the averaging applies is the taxation year 2003 or 2004 and the rules set out in Book V.2.1, as it read for that year, did apply to the individual’s eligible spouse for the year, within the meaning of sections 776.41.1 to 776.41.4, the amount by which the amount that the spouse has deducted in computing the spouse’s tax otherwise payable for that year under section 776.78, as it read for that year, exceeds the amount that the spouse could have deducted in computing the spouse’s tax otherwise payable for that year under section 776.78, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year,

iii.  if the taxation year to which the averaging applies precedes the taxation year 2003 and the rules set out in Book V.2.1, as it read for that year, did apply to the individual’s spouse for the year, the amount by which the amount that the spouse has deducted in computing the spouse’s tax otherwise payable for that year under section 776.78, as it read for that year, exceeds the amount that the spouse could have deducted in computing the spouse’s tax otherwise payable for that year under section 776.78, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year,

iv.  if the taxation year to which the averaging applies precedes the taxation year 2003 and subparagraph iii does not apply, the amount by which the amount that the individual’s spouse has deducted in computing the spouse’s tax otherwise payable for that year under section 752.0.19, as it read for that year, exceeds the amount that the spouse could have deducted in computing the spouse’s tax otherwise payable for that year under section 752.0.19, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year; and

v.  if the taxation year to which the averaging applies is subsequent to the taxation year 2006, the aggregate of

(1)  the amount by which the amount that the individual’s eligible spouse for the year, within the meaning of sections 776.41.1 to 776.41.4, has deducted in computing the spouse’s tax otherwise payable for that year under section 776.41.5, exceeds the amount that the spouse could have deducted in computing the spouse’s tax otherwise payable for that year under section 776.41.5, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year,

(2)  the amount by which the amount that a person, other than the individual, has deducted in computing the person’s tax otherwise payable under section 776.41.14 for the taxation year to which the averaging applies, exceeds the amount that the person could have deducted in computing the person’s tax otherwise payable for that year under section 776.41.14, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year, and

(3)  the amount by which the amount that a person, other than the individual, has deducted in computing the person’s tax otherwise payable under section 776.41.21 for the taxation year to which the averaging applies, exceeds the amount that the person could have deducted in computing the person’s tax otherwise payable for that year under section 776.41.21, if the portion of each amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies had been included or deducted in computing the individual’s taxable income for that year;

(d)  D is the amount by which the amount that would be determined under subparagraph a for the taxation year to which the averaging applies, if the portion of each amount subject to an averaging mechanism, to which subparagraph a refers, that relates to the taxation year to which the averaging applies was determined without taking into account the portion of the amounts referred to in the first paragraph of section 1029.8.50 that relates to the taxation year to which the averaging applies in respect of which the individual is deemed to have paid an amount to the Minister under section 1029.8.50 for the particular taxation year, exceeds the amount determined under subparagraph a for the taxation year to which the averaging applies;

(e)  E is the aggregate of all amounts each of which is the amount of the tax adjustment relating to the averaging, determined in respect of the individual, that may reasonably be attributed to the taxation year to which the averaging applies and that is determined for a taxation year preceding the particular taxation year; and

(f)  F is the aggregate of all amounts each of which is an amount determined under subparagraph d, in respect of the taxation year to which the averaging applies, for a taxation year preceding the particular taxation year.

For the purpose of determining any amount under the third and fourth paragraphs, the following rules apply:

(a)  the proportion referred to in the second paragraph of section 22 for any taxation year to which the averaging applies is deemed to be equal to 1;

(b)  if the individual was resident in Canada but outside Québec on the last day of a taxation year to which the averaging applies, the individual is deemed to have been resident in Québec on the last day of that year; and

(c)  if the amount referred to in subparagraph c of the first paragraph includes the amount determined under the fourth paragraph of section 725.1.2, the latter amount is deemed to relate, in the same proportion, to each of the taxation years subsequent to the taxation year 1985 that precede the particular taxation year.

For the purpose of applying this Part to any taxation year,

(a)  an amount that is not otherwise deducted in computing an individual’s taxable income or tax payable under this Part for a taxation year to which the averaging applies, but that is deducted for the purpose of establishing the amount determined in respect of the individual under any of subparagraphs a, c and d of the fourth paragraph for that taxation year, is deemed, for the application of this Part to any taxation year, to have been deducted in computing the individual’s taxable income or tax payable under this Part for the taxation year to which the averaging applies, including when establishing the amount determined in respect of the individual under any of subparagraphs a, c and d of the fourth paragraph for another taxation year; and

(b)  an amount that is otherwise deducted in computing an individual’s taxable income or tax payable under this Part for a taxation year that is subsequent to the taxation year to which the averaging applies may not be taken into account for the purpose of establishing the amount determined in respect of the individual under any of subparagraphs a, c and d of the fourth paragraph for the taxation year to which the averaging applies.

For the purposes of the fourth paragraph, “amount subject to an averaging mechanism”, in relation to an individual for a taxation year, means an amount that is received or paid by the individual in the year and that is referred to in any of subparagraphs a to c of the first paragraph or an amount paid by the individual in the year and in respect of which the first paragraph of section 1029.8.50 applies, except, in respect of a taxation year to which the averaging applies and that ends before 1 January 2003, such an amount received or paid in a taxation year that ends before 1 January 2004.

1993, c. 16, s. 286; 1995, c. 1, s. 84; 1997, c. 14, s. 125; 1997, c. 85, s. 146; 2002, c. 40, s. 74; 2005, c. 38, s. 162; 2009, c. 5, s. 300; 2009, c. 15, s. 147.

766.2.1. If section 766.2 applies in respect of an amount referred to in any of subparagraphs a, a.1 and c of the first paragraph of section 766.2 that an individual receives in a particular taxation year and that relates, in whole or in part, to an individual’s eligible taxation year, in this section referred to as the “affected taxation year”, that is before the taxation year that precedes the particular taxation year, the individual shall add to the individual’s tax otherwise payable under this Part for the particular taxation year, an amount equal to the aggregate of all amounts each of which is equal to the amount of interest that would be computed, in respect of an affected taxation year, in accordance with the second paragraph of section 28 of the Act respecting the Ministère du Revenu (chapter M-31) for the period beginning on 1 May of the year following the affected taxation year and ending before the beginning of the particular taxation year, on the portion of the amount of the tax adjustment relating to the averaging that is attributable to the affected taxation year, determined in accordance with the third paragraph of section 766.2 in respect of the individual, that exceeds the amount determined under subparagraph d of the fourth paragraph of section 766.2, in respect of the individual and in relation to the affected taxation year, if that excess amount were a refund due by the Minister under a fiscal law.

2005, c. 38, s. 163; 2009, c. 5, s. 301.

766.2.2. For the purposes of sections 766.2 and 766.2.1, “eligible taxation year” of an individual means a taxation year throughout which the individual was resident in Canada, other than a taxation year that ends in a calendar year in which the individual became a bankrupt or a taxation year included in the averaging period determined in respect of the individual for the purposes of Division II of Chapter II, as it read before being repealed.

2005, c. 38, s. 163; 2010, c. 25, s. 76.

766.3. Sections 766.2 and 766.2.1 apply, for a taxation year, to an individual to whom Book II applies for that year.

In addition, an individual to whom the second paragraph of any of sections 22, 25 and 26 applies may add or deduct in computing the individual’s tax otherwise payable for a taxation year under section 766.2 or 766.2.1 only the portion of the amount determined under section 766.2 or 766.2.1 that is the proportion referred to in the second paragraph of section 22, 25 or 26 that is applicable in respect of the individual for the year.

1995, c. 1, s. 85; 2005, c. 38, s. 164.

CHAPTER II.2

Repealed, 2005, c. 38, s. 165.

1995, c. 1, s. 85; 2005, c. 38, s. 165.

766.4. (Repealed).

1995, c. 1, s. 85; 1997, c. 85, s. 147; 2005, c. 38, s. 165.

CHAPTER II.3 TAX ON SPLIT INCOME

2001, c. 53, s. 130.

766.5. In this chapter,

“excluded amount”, in respect of an individual for a taxation year, means an amount that is the income from a property acquired by or for the benefit of the individual as a consequence of the death of

(a)  the father or mother of the individual; or

(b)  any other person, if the individual is enrolled as a full-time student during the year at an educational institution prescribed for the purposes of paragraph d of the definition of “trust” in section 890.15, or an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year;

“specified individual”, in relation to a taxation year, means an individual

(a)  who had not attained the age of 17 years before the year;

(b)  who was a resident in Canada throughout the year; and

(c)  whose father or mother was resident in Canada at any time in the year;

“split income” of a specified individual for a taxation year means the aggregate of all amounts, other than excluded amounts, each of which is

(a)  an amount required to be included in computing the individual’s income for the year in respect of taxable dividends received by the individual in respect of shares of the capital stock of a corporation, other than shares of a class listed on a designated stock exchange or shares of the capital stock of a mutual fund corporation, or because of the application of Division IV of Title III of Book III in respect of the ownership by any person of shares of the capital stock of a corporation, other than shares of a class listed on such a stock exchange;

(b)  a portion of an amount included pursuant to paragraph f of section 600 in computing the individual’s income for the year, to the extent that the portion

i.  is not included in an amount described in paragraph a, and

ii.  can reasonably be considered to be income derived from the provision of property or services by a partnership or trust to or in support of a business carried on by

(1)  a person who is related to the individual at any time in the year,

(2)  a corporation of which a person who is related to the individual is a specified shareholder at any time in the year, or

(3)  a professional corporation of which a person related to the individual is a shareholder at any time in the year; or

(c)  a portion of an amount included because of section 662 or 663 in respect of a trust, other than a mutual fund trust, in computing the individual’s income for the year, to the extent that the portion

i.  is not included in an amount described in paragraph a, and

ii.  can reasonably be considered to be in respect of taxable dividends received in respect of shares of the capital stock of a corporation, other than shares of a class listed on a designated stock exchange or shares of the capital stock of a mutual fund corporation, to arise because of the application of Division IV of Title III of Book III in respect of the ownership by any person of shares of the capital stock of a corporation, other than shares of a class listed on such a stock exchange, or to be income derived from the provision of property or services by a partnership or trust to or in support of a business carried on by

(1)  a person who is related to the individual at any time in the year,

(2)  a corporation of which a person who is related to the individual is a specified shareholder at any time in the year, or

(3)  a professional corporation of which a person related to the individual is a shareholder at any time in the year.

2001, c. 53, s. 130; 2005, c. 38, s. 166; 2010, c. 5, s. 64.

766.6. A specified individual shall add to the specified individual’s tax otherwise payable for a taxation year under this Part an amount equal to

(a)  25% of the specified individual’s split income for the year, where that year is the year 2000;

(b)  24.5% of the specified individual’s split income for the year, where that year is the year 2001; or

(c)  24% of the specified individual’s split income for the year, where that year is the year 2002 or a subsequent year.

In addition, the proportion referred to for the year in the second paragraph of section 22 or 25, as the case may be, in respect of the individual applies to the amount otherwise determined for the year in respect of the individual under the first paragraph.

2001, c. 53, s. 130.

766.7. Notwithstanding any other provision of this Act, where an individual is a specified individual in relation to a year, the specified individual’s tax otherwise payable for a taxation year under this Part shall not be less than the amount by which the amount added under section 766.6 to the individual’s tax otherwise payable for the year exceeds the aggregate of all amounts each of which is an amount that is deductible under section 767 or sections  772.2 to 772.13 in computing the individual’s tax payable for the year, and can reasonably be considered to be in respect of an amount included in computing the individual’s split income for the year.

2001, c. 53, s. 130; 2005, c. 1, s. 180.

CHAPTER II.4 TAX ADJUSTMENT RELATING TO A BENEFIT ATTRIBUTABLE TO THE TAXATION YEAR 2004

2005, c. 38, s. 167.

766.8. In this chapter, “covered benefit” attributable to the taxation year 2004 means an amount determined in that year, other than an amount that is attributable to a period preceding that year and other than an amount that replaces an income referred to in paragraph e of section 725, and that is

(a)  a benefit, other than an excluded benefit, intended to compensate a total or partial disability affecting a person’s capacity to perform the duties of an office or employment or to carry on a business either alone or as a partner actively engaged in the business, that is established on the basis of net income and determined under the Workers’ Compensation Act (chapter A-3), the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Act to promote good citizenship (chapter C-20) or the Act respecting occupational health and safety (chapter S-2.1);

(b)  a pension established on the basis of net income and determined by the Société de l’assurance automobile du Québec under the Automobile Insurance Act (chapter A-25) or the Public Health Act (chapter S-2.2), except a death benefit paid in respect of a person who suffered bodily injury before 1 January 1990; or

(c)  a payment similar to one of those described in subparagraphs a and b and made under an employees’ or workers’ compensation law of a province, other than Québec, or of Canada in respect of an injury, a disability or death.

For the purposes of subparagraph a of the first paragraph, “excluded benefit” means

(a)  an amount that is the net salary or wages paid by an employer, in accordance with the Act respecting industrial accidents and occupational diseases, for each day or part of a day when a worker must be absent from work to receive care or undergo medical examinations in connection with the worker’s injury, or to take part in a personal rehabilitation program; or

(b)  an amount that is a financial assistance payment for social stabilization or for economic stabilization under the Regulation respecting social stabilization and economic stabilization programs made by Order in Council 1738-91 dated 11 December 1991, as amended.

2005, c. 38, s. 167.

766.9. An individual who is resident in Québec on the last day of the taxation year 2004 and is the beneficiary of a covered benefit attributable to that year shall add to the individual’s tax otherwise payable, for that year, the lesser of $1,840 and the amount obtained by multiplying 20% by the aggregate of all amounts each of which is an amount determined under any of sections 766.10 to 766.12.

For the purposes of the first paragraph, if an individual dies or ceases to be resident in Canada in the taxation year 2004, the last day of the individual’s taxation year is deemed to be the day on which the individual died or the last day on which the individual was resident in Canada.

This section does not apply in respect of an individual’s separate fiscal return filed under the second paragraph of section 429 or section 681 or 1003.

2005, c. 38, s. 167.

766.10. If section 766.9 applies to an individual in respect of a covered benefit attributable to the taxation year 2004 and the amount of which is determined by the Commission de la santé et de la sécurité du travail, there shall be included in computing, for that year, the aggregate referred to in the first paragraph of section 766.9, an amount equal to the total of

(a)  in respect of a covered benefit attributable to the year and paid by an employer for the first 14 full days following the beginning of the individual’s disability, the lesser of the amounts determined by the following formulas:

i.  0.80 × A, and

ii.  0.90 × B / C × D; and

(b)  in respect of a covered benefit attributable to the year, other than the covered benefit referred to in subparagraph a, for each day of the year for which the covered benefit is determined, in this section referred to as the “particular day”, the lesser of the amounts determined for the particular day by the following formulas:

i.  [(0.90 × 0.80 × E / F) − (0.80 × G / F)] × (1 − H), and

ii.  [(0.90 × I / F) − J] × (1 − H).

In the formulas in the first paragraph,

(a)  A is the total of the covered benefits attributable to the year and paid by the employer for the first 14 full days following the beginning of the individual’s disability;

(b)  B is the amount determined under the third paragraph of section 1015.3 that is applicable for the year;

(c)  C is the number of days in the year, excluding Saturdays and Sundays;

(d)  D is the number of days in the year, excluding Saturdays and Sundays, between the day on which the individual’s disability begins and the day on which the individual returns to work, but without exceeding 14 days;

(e)  E is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(f)  F is the number of days in the year;

(g)  G is the annual gross revenue from a suitable employment or employment held, for the particular day;

(h)  H is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(i)  I is the total of the amount that the Commission de la santé et de la sécurité du travail estimated for the year on account of the amount in dollars that was referred to in the portion of section 752.0.1 before paragraph a, as it applied for the taxation year 2004, and the amount it estimated for the year on account of the flat amount referred to in the second paragraph of section 776.77, as it applied for the taxation year 2004, to the extent that that total is used by the Commission de la santé et de la sécurité du travail to establish the weighted net income for the purpose of computing the covered benefit attributable to the year; and

(j)  J is the lesser of

i.  the amount obtained by multiplying 0.80 by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by dividing the recognized amounts used to establish the weighted net income from a suitable employment or employment held, for the particular day, by the number of days in the year.

For the purposes of subparagraph g and subparagraph i of subparagraph j of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held that is taken into account in determining, for the particular day, the covered benefit attributable to the year, including the annual gross revenue from any benefit paid to the individual, because of a termination of employment, under a law of Québec or of any other jurisdiction, other than the Act respecting industrial accidents and occupational diseases (chapter A-3.001), or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year following that for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

For the purposes of subparagraph ii of subparagraph j of the second paragraph, “recognized amounts used to establish the weighted net income from a suitable employment or employment held”, for a particular day, means the total of the amount that the Commission de la santé et de la sécurité du travail estimated for the year on account of the amount in dollars that was referred to in the portion of section 752.0.1 before paragraph a, as it applied for the taxation year 2004, and the amount it estimated for the year on account of the flat amount referred to in the second paragraph of section 776.77, as it applied for the taxation year 2004, to the extent that that total is used by the Commission to establish the weighted net income from a suitable employment or employment held, for the particular day.

2005, c. 38, s. 167.

766.11. If section 766.9 applies to an individual in respect of a covered benefit attributable to the taxation year 2004 and the amount of which is determined by the Société de l’assurance automobile du Québec, there shall be included in computing, for that year, the aggregate referred to in the first paragraph of section 766.9, an amount equal to the aggregate of all amounts each of which is, for each day of the year for which the covered benefit is determined, in this section referred to as the “particular day”, equal to the lesser of the amounts determined for the particular day by the following formulas:

(a)  {[(0.90 × 0.80 × A / B) − (C × 0.80 × D / B)] × (1 − E)} − F / B; and

(b)  {[(0.90 × G / B) − (C × H)] × (1 − E)} − F / B.

In the formulas in the first paragraph,

(a)  A is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan (chapter R-9), the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(b)  B is the number of days in the year;

(c)  C is,

i.  if only part of the net income from an employment held is used to reduce, for the particular day, the covered benefit attributable to the year, the percentage attributed under the public compensation plan in respect of that net income, and

ii.  in any other case, 100%;

(d)  D is the annual gross revenue from a suitable employment or employment held, for the particular day;

(e)  E is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(f)  F is the amount obtained by multiplying 0.80 by the amount that is payable for the year as an old age pension or as a disability benefit payable under a plan established by a jurisdiction, other than Québec, and equivalent to the plan established under the Act respecting the Québec Pension Plan, and that is, in determining, for the particular day, the covered benefit attributable to the year, used by the Société de l’assurance automobile du Québec to reduce the amount of that covered benefit;

(g)  G is the total of $6,150 and the amounts estimated by the Société de l’assurance automobile du Québec for the year 2003, as an employee’s premium under the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) and as an employee’s contribution under the Act respecting the Québec Pension Plan, to the extent that that total is used by the Société to establish the weighted net income for the purpose of computing, for the particular day, the covered benefit attributable to the year; and

(h)  H is the lesser of

i.  the amount obtained by multiplying 0.80 by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by dividing the recognized amounts used to establish the weighted net income from a suitable employment or employment held, for the particular day, by the number of days in the year.

For the purposes of subparagraph d and subparagraph i of subparagraph h of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held that is taken into account in determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with section 119 of the Act respecting the Québec Pension Plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year following that for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

For the purposes of subparagraph ii of subparagraph h of the second paragraph, “recognized amounts used to establish the weighted net income from a suitable employment or employment held”, for a particular day, means the total of $6,150 and the amounts estimated by the Société de l’assurance automobile du Québec for the year 2003, as an employee’s premium under the Employment Insurance Act and as an employee’s contribution under the Act respecting the Québec Pension Plan, to the extent that that total is used by the Société to establish the weighted net income from a suitable employment or employment held, for the particular day.

2005, c. 38, s. 167.

766.12. If section 766.9 applies to an individual in respect of a covered benefit attributable to the taxation year 2004 and the amount of which is determined by an entity, other than the Commission de la santé et de la sécurité du travail and the Société de l’assurance automobile du Québec, there must be included in computing, for that year, the aggregate referred to in the first paragraph of section 766.9, an amount equal to the aggregate of all amounts each of which is, for each day of the year for which the covered benefit is determined (in this section referred to as the “particular day”), equal to the lesser of the amounts determined for the particular day by the following formulas:

(a)  {[(0.80 × A × B/C) - (0.80 × D × E/C)] × (1 - F)} - G/C; and

(b)  {[(A × $9,200/C) - H] × (1 - F)} - G/C.

In the formulas in the first paragraph,

(a)  A is the percentage that applies to the income insured by the public compensation plan for the purpose of determining, for the particular day, the covered benefit attributable to the year;

(b)  B is the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with the public compensation plan, the amount that would be the annual gross revenue used as a basis for determining, for the particular day, the covered benefit attributable to the year, if it were adjusted according to the same rules as those applicable to the covered benefit;

(c)  C is the number of days in the year for which the covered benefits attributable to the year are determined by the entity referred to in the first paragraph;

(d)  D is

i.  if only a portion of the income, other than the recognized income on the date of the event giving rise to the covered benefit attributable to the year, is taken into consideration for the purpose of determining, for the particular day, the covered benefit attributable to the year, the percentage attributed under the public compensation plan in respect of that income, and

ii.  in any other case, 100%;

(e)  E is the annual gross revenue from a suitable employment or employment held, for the particular day;

(f)  F is the percentage that applies for the purpose of reducing, for the particular day, the covered benefit attributable to the year;

(g)  G is the amount obtained by multiplying 0.80 by the amount that is, in determining, for the particular day, the covered benefit attributable to the year, used to reduce the amount of that covered benefit; and

(h)  H is the lesser of

i.  the amount obtained by multiplying 0.80 by the amount obtained by multiplying the percentage determined for the year under subparagraph d by the amount obtained by dividing the annual gross revenue from a suitable employment or employment held, for the particular day, by the number of days in the year, and

ii.  the amount obtained by multiplying the percentage determined for the year under subparagraph d by the amount obtained by dividing $9,200 by the number of days in the year.

For the purposes of subparagraph e and subparagraph i of subparagraph h of the second paragraph, “annual gross revenue from a suitable employment or employment held”, for a particular day, means the annual gross revenue relating to a suitable employment or employment held, including any other amount that replaces work income, that is taken into account in determining, for the particular day, the covered benefit attributable to the year, or, if the covered benefit attributable to the year is adjusted in accordance with the public compensation plan, the amount that would be the annual gross revenue relating to a suitable employment or employment held that would be taken into account in determining, for the particular day, the covered benefit attributable to the year if, from the year for which that gross revenue was last established, it were adjusted according to the same rules as those applicable to the covered benefit.

2005, c. 38, s. 167; 2009, c. 5, s. 302.

766.13. For the purposes of this chapter, if an individual to whom section 766.9 applies for the taxation year 2004 was resident in Canada only during part of that year, the following rules apply:

(a)  there shall be taken into account, as a covered benefit attributable to that year, only an amount that can reasonably be considered wholly attributable to any period in the year throughout which the individual was resident in Canada; and

(b)  the amount of $1,840 referred to in the first paragraph of section 766.9 is to be replaced by an amount equal to the amount obtained by multiplying $1,840 by the proportion that the number of days in any period of the year throughout which the individual was resident in Canada is of the number of days in the year.

2005, c. 38, s. 167.

766.14. For the purposes of this chapter, if an individual to whom section 766.9 applies for the taxation year 2004 is referred to in the second paragraph of section 22, the amount of $1,840 provided for in the first paragraph of section 766.9 is to be replaced by the amount obtained by multiplying $1,840 by the proportion determined under the second paragraph of section 22 in respect of the individual for the year.

2005, c. 38, s. 167.

766.15. For the purposes of this chapter, if an individual becomes a bankrupt in the calendar year 2004, the following rules apply:

(a)  there shall be taken into account, as a covered benefit attributable to each of the individual’s taxation years referred to in section 779 that end in the calendar year, only an amount that is wholly attributable to that taxation year; and

(b)  the amount of $1,840 provided for in the first paragraph of section 766.9 is to be replaced, for each of the individual’s taxation years referred to in section 779 that end in the calendar year, by the amount obtained by multiplying $1,840 by the proportion that the number of days in that taxation year is of the number of days in the calendar year.

2005, c. 38, s. 167.

CHAPTER II.5 TAX ADJUSTMENT RELATING TO A COVERED BENEFIT DETERMINED RETROACTIVELY

2005, c. 38, s. 167.

766.16. In this chapter, “covered benefit attributable to a preceding taxation year” means an amount determined in a particular taxation year that is attributable to a taxation year preceding the particular year but subsequent to the taxation year 2003, and that is

(a)  if the preceding taxation year is the year 2004, an amount referred to in any of subparagraphs a to c of the first paragraph of section 766.8, other than an amount that replaces income described in paragraph e of section 725; and

(b)  in any other case, an amount that is an income replacement indemnity or a compensation for the loss of financial support, determined under a public compensation plan and established on the basis of net income following an accident, employment injury or death or in order to prevent bodily injury, other than

i.  an amount that is the net salary or wages paid by an employer, in accordance with the Act respecting industrial accidents and occupational diseases (chapter A-3.001), for each day or part of a day when a worker must be absent from work to receive care or undergo medical examinations in connection with the worker’s injury, or to take part in a personal rehabilitation program, or

ii.  an amount that replaces income described in paragraph e of section 725.

2005, c. 38, s. 167.

766.17. If an individual is resident in Québec at the end of a particular taxation year and is the beneficiary of a covered benefit attributable to a preceding taxation year, the individual shall add to the individual’s tax otherwise payable, for the particular year, the amount determined by the formula

(A - B) + (C - D) + E - F.

In the formula in the first paragraph,

(a)  A is the tax that would have been payable by the individual under this Part for the preceding year if the covered benefit attributable to the preceding year had been determined in that preceding year;

(b)  B is the tax payable by the individual under this Part for that preceding year;

(c)  C is the amount deducted by the individual’s eligible spouse for the preceding taxation year under section 776.78, as it read before being repealed, or under section 776.41.5 in computing the tax otherwise payable under this Part for the preceding year;

(d)  D is the amount that could have been deducted by the individual’s eligible spouse for the preceding taxation year under section 776.78, as it read before being repealed, or under section 776.41.5 in computing the tax payable under this Part for that preceding year, computed without reference to section 776.41.5, if the covered benefit attributable to the preceding year had been determined in that year, but not exceeding the tax payable for that preceding year;

(e)  E is the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under section 1029.8.50.3 on account of the individual’s tax payable under this Part for a preceding taxation year because of the application of this section in respect of a covered benefit attributable to the preceding year; and

(f)  F is the aggregate of all amounts each of which is an amount that the individual shall add to the individual’s tax otherwise payable under this Part for a preceding taxation year because of the application of this section in respect of a covered benefit attributable to the preceding year.

In subparagraphs c and d of the second paragraph, the individual’s eligible spouse for the preceding taxation year means a person who would be the individual’s eligible spouse for that year, within the meaning of sections 776.41.1 to 776.41.4, if the portion of section 776.41.1 before paragraph a were read as if “for a taxation year” were replaced by “for a preceding taxation year”.

For the purposes of this section, if an individual dies or ceases to be resident in Canada in the particular taxation year, the last day of that taxation year is the day on which the individual died or the last day on which the individual was resident in Canada.

This section does not apply in respect of an individual’s separate fiscal return filed under the second paragraph of section 429 or section 681 or 1003.

2005, c. 38, s. 167; 2009, c. 15, s. 148.

CHAPTER III DEDUCTION IN RESPECT OF TAXABLE DIVIDENDS

1972, c. 23.

767. An individual may deduct from the individual’s tax otherwise payable under this Part for a taxation year the aggregate of

(a)  the amount obtained by multiplying 2/5 by the amount the individual is required to include in computing the individual’s income for the year under subparagraph a of the second paragraph of section 497; and

(b)  the amount obtained by multiplying the amount the individual is required to include in computing the individual’s income for the year under subparagraph b of the second paragraph of section 497 by

i.  17.255/45, for the taxation year 2009,

ii.  17.136/44, for the taxation year 2010,

iii.  16.779/41, for the taxation year 2011, and

iv.  16.422/38, for a taxation year subsequent to the taxation year 2011.

However, where that individual is an individual contemplated in the second paragraph of any of sections 22, 25 or 26, he shall deduct no more than the part of the amount determined under the first paragraph which is equal to the proportion contemplated in the second paragraph of one of the said sections, as the case may be.

The first paragraph does not apply in respect of an amount deducted under paragraph e of section 725 in computing the individual’s taxable income for the year or in respect of an amount that is

(a)  an amount included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year;

(b)  the part of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period; or

(c)  the part of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres (chapter C-8.3), in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph 1 of the second paragraph of that section 65 in respect of that period.

1972, c. 23, s. 580; 1978, c. 26, s. 137; 1984, c. 15, s. 178; 1986, c. 15, s. 118; 1988, c. 4, s. 64; 1988, c. 18, s. 67; 1989, c. 5, s. 113; 1997, c. 85, s. 148; 1999, c. 86, s. 99; 2000, c. 39, s. 68; 2001, c. 7, s. 107; 2001, c. 53, s. 131; 2003, c. 9, s. 97; 2004, c. 21, s. 197; 2005, c. 38, s. 168; 2009, c. 5, s. 303; 2009, c. 15, s. 149.

CHAPTER IV TAX PAYABLE BY TRUSTS

1972, c. 23.

768. The tax payable under this Part by an inter vivos trust, other than a mutual fund trust or a SIFT trust, is the greater of the tax payable on its taxable income for a taxation year determined under section 750 and the amount obtained by multiplying the percentage specified in section 750.1 for the year by its taxable income for the year.

1972, c. 23, s. 581; 1996, c. 39, s. 273; 1997, c. 85, s. 330; 2001, c. 51, s. 70; 2009, c. 5, s. 304.

769. Section 768 does not apply if the trust mentioned therein:

(a)  was established before 18 June 1971;

(b)  was resident in Québec on 18 June 1971 and without interruption thereafter until the end of the taxation year;

(c)  did not carry on an eligible business in the taxation year;

(d)  has not received any property by gift since 18 June 1971;

(e)  has not, after 18 June 1971, incurred a debt to any person with whom any beneficiary of the trust was not dealing at arm’s length or any other obligation to pay any amount to any such person and has not incurred any such debt or obligations guaranteed by any such person; and

(f)  has not received any property after 17 December 1999 where

i.  the property was received as a result of a transfer from another trust,

ii.  section 768 applied to a taxation year of the other trust that began before the property was so received, and

iii.  no change in the beneficial ownership of the property resulted from the transfer.

1972, c. 23, s. 582; 2003, c. 2, s. 227.

770. Despite section 750, the tax payable under this Part by a mutual fund trust, other than a SIFT trust, on its taxable income for a taxation year is equal to the greater of

(a)  the amount obtained by multiplying the percentage specified in section 750.1 for the year by its taxable income reduced by the amount by which its taxable capital gains for the year exceeds its allowable capital losses for the year and increased by the amounts deducted for the year under section 729; or

(b)  the tax that would be determined under section 750 if its taxable income for the year were equal to the amount determined under paragraph a.

1972, c. 23, s. 583; 1985, c. 25, s. 130; 1996, c. 39, s. 273; 1997, c. 85, s. 330; 2001, c. 51, s. 71; 2009, c. 5, s. 305.

770.0.1. Despite section 750, the tax payable under this Part by a SIFT trust on its taxable income for a taxation year is equal to the amount of tax that would be payable by the trust under section 768 or 770 on its taxable income for the taxation year if

(a)  section 768 or 770 applied to a SIFT trust; and

(b)  the taxable income of the SIFT trust were equal to the amount by which its taxable income otherwise determined exceeds the amount determined in its respect for the year under paragraph b of the definition of “taxable distributions amount” in the first paragraph of section 1129.70.

2009, c. 5, s. 306.

770.1. No deduction may be made under sections 752.0.0.1 to 752.0.10 in computing the tax payable by a trust for a taxation year.

1989, c. 5, s. 114; 2005, c. 1, s. 181.

TITLE II TAX PAYABLE BY CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

771. (1)  Except as otherwise provided in this Part, the tax payable by a corporation for a taxation year is equal,

(a)  in the case of a deposit insurance corporation described in paragraph b of section 804, to 11.9% of its taxable income for the year;

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(d.1)  (paragraph repealed);

(d.2)  in the case of a corporation other than a corporation referred to in paragraph a, to the amount by which the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to its taxable income for the year exceeds, if the corporation has been throughout the year a Canadian-controlled private corporation, the amount obtained by applying the percentage determined in its respect for the year under section 771.0.2.4 to the amount determined in its respect for the year under section 771.2.1.2;

(e)  (paragraph repealed);

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  despite paragraph d.2, in the case of a corporation other than a corporation referred to in paragraph a, for a taxation year for which it is a qualified corporation, to the amount by which the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to its taxable income for the year exceeds the aggregate of

i.  the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to the amount determined in its respect for the year under section 771.8.3, and

ii.  (subparagraph repealed),

ii.1.  if the corporation has been throughout the year a Canadian-controlled private corporation, the amount obtained by applying the percentage determined in its respect for the year under section 771.0.2.4 to the amount by which the amount determined in its respect for the year under section 771.2.1.2 exceeds the amount determined in its respect for the year under section 771.8.3,

iii.  (subparagraph repealed);

(i)  (paragraph repealed);

(j)  despite paragraph d.2, in the case of a corporation other than a corporation referred to in paragraph a, for a taxation year for which it is an exempt corporation, to the amount by which the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to its taxable income for the year exceeds the aggregate of

i.  the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to the amount determined in its respect for the year under section 771.8.5, and

ii.  (subparagraph repealed),

iii.  if the corporation was a Canadian-controlled private corporation throughout the year, the amount obtained by applying the percentage determined in its respect for the year under section 771.0.2.4 to the amount that would be determined in its respect for the year under section 771.2.1.2 if the excess amount determined under paragraphs a and b of that section were reduced by the amount determined in its respect for the year under section 771.8.5;

(j.1)  despite paragraph d.2, in the case of a corporation other than a corporation referred to in paragraph a, for a taxation year for which it is a corporation dedicated to the commercialization of intellectual property, to the amount by which the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to its taxable income for the year exceeds the aggregate of

i.  the amount obtained by applying the basic rate determined in its respect for the year under section 771.0.2.3.1 to the amount determined in its respect for the year under section 771.8.5.1, and

ii.  if the corporation was a Canadian-controlled private corporation throughout the year, the amount obtained by applying the percentage determined in its respect for the year under section 771.0.2.4 to the amount that would be determined in its respect for the year under section 771.2.1.2 if the excess amount determined under paragraphs a and b of that section were reduced by the amount determined in its respect for the year under section 771.8.5.1;

(k)  (paragraph repealed).

(2)  For the purposes of section 27, the method of computing the proportion that the business of a corporation carried on in Québec is of the aggregate of the business carried on in Canada or in Québec and elsewhere shall be established by regulation.

1972, c. 23, s. 584; 1980, c. 13, s. 68; 1981, c. 12, s. 8; 1987, c. 21, s. 26; 1989, c. 5, s. 115; 1990, c. 7, s. 67; 1991, c. 8, s. 46; 1992, c. 1, s. 59; 1993, c. 19, s. 59; 1995, c. 1, s. 199; 1995, c. 63, s. 64; 1997, c. 3, s. 33; 1997, c. 85, s. 149; 1999, c. 83, s. 101; 2000, c. 39, s. 69; 2004, c. 21, s. 198; 2005, c. 23, s. 102; 2005, c. 38, s. 169; 2009, c. 5, s. 307; 2010, c. 5, s. 65.

771.0.1. (Repealed).

1987, c. 21, s. 27; 1989, c. 5, s. 116; 1990, c. 7, s. 68; 1997, c. 3, s. 71; 2000, c. 39, s. 70.

771.0.1.1. (Repealed).

1990, c. 7, s. 69; 1991, c. 8, s. 47; 1997, c. 3, s. 71; 2000, c. 39, s. 70.

771.0.1.2. (Repealed).

1991, c. 8, s. 48; 1992, c. 1, s. 60; 1997, c. 3, s. 71; 2000, c. 39, s. 70.

771.0.2. (Repealed).

1989, c. 5, s. 117; 1990, c. 59, s. 294; 1995, c. 63, s. 65; 1997, c. 3, s. 71; 2000, c. 39, s. 70.

771.0.2.1. (Repealed).

1992, c. 1, s. 61; 1993, c. 19, s. 60; 1994, c. 22, s. 266; 1995, c. 63, s. 66; 1997, c. 3, s. 71; 1997, c. 85, s. 150; 2000, c. 39, s. 70.

771.0.2.2. For the purposes of sections 771.2.1.2, 771.8.3, 771.8.5 and 771.8.5.1, the amount that must be determined in respect of a corporation for a taxation year under this section is the amount determined in respect of the corporation for the year by the formula

A/(B × C).

In the formula provided for in the first paragraph,

(a)  A is the amount determined for the year in respect of the corporation under sections 772.2 to 772.13;

(b)  B is, in the case of a corporation contemplated in the second paragraph of section 27, the proportion referred to in that second paragraph for the year in respect of the corporation or, in every other case, 1;

(c)  C is the basic rate determined in respect of the corporation for the year under section 771.0.2.3.1.

1993, c. 19, s. 61; 1995, c. 63, s. 67; 1997, c. 3, s. 71; 1997, c. 85, s. 151; 2000, c. 39, s. 71; 2005, c. 38, s. 170; 2009, c. 5, s. 308; 2010, c. 5, s. 66.

771.0.2.3. (Repealed).

2005, c. 38, s. 171; 2009, c. 5, s. 309.

771.0.2.3.1. For the purposes of sections 771 and 771.0.2.2, the basic rate that must be determined in respect of a corporation for a taxation year under this section is equal to

(a)  if the taxation year begins before 1 January 2009, the total of

i.  the proportion of 16.25% that the number of days in the taxation year that precede 21 February 2007 is of the number of days in the taxation year,

ii.  the proportion of 9.9% that the number of days in the taxation year that follow 20 February 2007 but precede 1 June 2007 is of the number of days in the taxation year,

iii.  the proportion of 11.9% if the corporation is a financial institution or an oil refining corporation, or of 9.9% in any other case, that the number of days in the taxation year that follow 31 May 2007 but precede 1 January 2008 is of the number of days in the taxation year,

iv.  the proportion of 11.9% if the corporation is a financial institution or an oil refining corporation, or of 11.4% in any other case, that the number of days in the taxation year that follow 31 December 2007 but precede 1 January 2009 is of the number of days in the taxation year, and

v.  the proportion of 11.9% that the number of days in the taxation year that follow 31 December 2008 is of the number of days in the taxation year; and

(b)  if the taxation year begins after 31 December 2008, 11.9%.

2009, c. 5, s. 310.

771.0.2.4. For the purposes of section 771, the percentage that must be determined in respect of a corporation for a taxation year under this section is equal to

(a)  if the taxation year begins before 1 January 2009, the total of

i.  the proportion of 1.4% that the number of days in the taxation year that precede 24 March 2006 is of the number of days in the taxation year,

ii.  the proportion of 1.9% that the number of days in the taxation year that follow 23 March 2006 but precede 1 June 2007 is of the number of days in the taxation year,

iii.  the proportion of 3.9% if the corporation is a financial institution or an oil refining corporation, or of 1.9% in any other case, that the number of days in the taxation year that follow 31 May 2007 but precede 1 January 2008 is of the number of days in the taxation year,

iv.  the proportion of 3.9% if the corporation is a financial institution or an oil refining corporation, or of 3.4% in any other case, that the number of days in the taxation year that follow 31 December 2007 but precede 1 January 2009 is of the number of days in the taxation year, and

v.  the proportion of 3.9% that the number of days in the taxation year that follow 31 December 2008 is of the number of days in the taxation year; and

(b)  if the taxation year begins after 31 December 2008, 3.9%.

2005, c. 38, s. 171; 2006, c. 36, s. 77; 2009, c. 5, s. 311.

771.0.3. (Repealed).

1989, c. 5, s. 117; 1997, c. 3, s. 71; 2000, c. 39, s. 72.

771.0.3.1. (Repealed).

1992, c. 1, s. 62; 1997, c. 3, s. 71; 2000, c. 39, s. 73; 2004, c. 21, s. 199.

771.0.4. (Repealed).

1989, c. 5, s. 117; 2000, c. 39, s. 74.

771.0.4.1. (Repealed).

1992, c. 1, s. 63; 2000, c. 39, s. 74.

771.0.5. (Repealed).

1989, c. 5, s. 117; 1992, c. 1, s. 64; 1997, c. 3, s. 71; 2000, c. 39, s. 74.

771.0.6. (Repealed).

1989, c. 5, s. 117; 1992, c. 1, s. 65; 1997, c. 3, s. 71; 2000, c. 39, s. 75; 2004, c. 21, s. 200.

771.0.7. For the purposes of this Title, a corporation is deemed, for the purpose of determining whether it is associated with one or more other corporations in a taxation year, not to be associated in that year with a corporation which, in that year, is not resident and does not have any establishment in Canada.

1997, c. 85, s. 152.

771.1. In this Title,

“biotechnology development centre” means a building designated as such by Investissement Québec;

“corporation dedicated to the commercialization of intellectual property” has the meaning assigned by sections 771.14 and 771.15;

“eligibility date” of a corporation means

(a)  where the corporation carries on or may carry on its business in an information technology development centre, 26 March 1997;

(b)  where the corporation carries on or may carry on its business in a new economy centre, 10 March 1999; and

(c)  where the corporation carries on or may carry on its business in a biotechnology development centre, 30 March 2001;

“eligibility period” of a corporation means the five-year period that begins on the day of coming into force of the certificate referred to in paragraph a of section 771.12 that was issued in its respect or, if it is later, on the corporation’s eligibility date, unless the corporation ceases to be an exempt corporation,

(a)  at the beginning of a particular taxation year following an acquisition of control referred to in subparagraph f of the first paragraph of section 771.13 that occurred in the preceding taxation year and before the end of the five-year period, in which case “eligibility period” means the part of the five-year period that ends immediately before the acquisition of control;

(b)  at the beginning of a particular taxation year following an election by the corporation under subparagraph g of the first paragraph of section 771.13 to become a specified corporation from a particular day of the preceding taxation year and before the end of the five-year period, in which case “eligibility period” means the part of the five-year period that ends the day before that particular day; or

(c)  in a particular taxation year, other than the one referred to in paragraph a or b, and before the end of the five-year period, in which case “eligibility period” means the part of the five-year period that ends on the last day of the taxation year preceding the particular year;

“eligible business”, in relation to any business carried on by a corporation, means any business carried on by a corporation other than a specified investment business or a personal services business and includes, except for the purposes of subparagraph a of the second paragraph of section 771.6, subparagraph d of the first paragraph of section 771.8.3 and subparagraph i of subparagraph c of the second paragraph of section 771.8.5, an adventure or concern in the nature of trade;

“eligible commercialization business” of a corporation, at any time, means an eligible business in respect of which the corporation holds a qualification certificate that was issued by the Minister of Economic Development, Innovation and Export Trade and that is valid at that time;

“eligible institute” means an eligible public research centre or an eligible university entity, within the meaning of paragraphs a.1 and f of section 1029.8.1;

“exempt corporation” has the meaning assigned by sections 771.12 and 771.13;

“exemption period” of a corporation means the period that begins at the beginning of the corporation’s first taxation year and ends on the earlier of

(a)  the last day of the five-year period that begins at the beginning of the corporation’s first taxation year, and

(b)  the last day of the taxation year preceding the taxation year in which the corporation ceases to be a qualified corporation;

“financial institution” means a corporation referred to in paragraph a of section 1132;

“information technology development centre” means a building designated as such by the Minister of Finance;

“new economy centre” means one or more buildings within the same region that are designated by Investissement Québec as constituting a marketplace for the new economy;

“oil refining corporation” for a taxation year means a corporation that, at any time in the year after 31 May 2007, carries on an oil refining business or is the owner or lessee of property used in the carrying on of such a business by another corporation, a partnership or a trust with which the corporation is associated;

“qualified corporation” has the meaning assigned by sections 771.5 to 771.7;

“specified corporation” has the meaning assigned by section 1029.8.36.0.17;

“specified investment business” carried on by a corporation in a taxation year means a business, other than a business carried on by a savings and credit union or a business of leasing property other than immovable property, the principal purpose of which is to derive income from property, including interest, dividends, rents or royalties, unless the corporation employs in the business throughout the year more than five full-time employees, or in the course of carrying on an eligible business, any other corporation associated with it provides financial, administrative, maintenance, managerial or other similar services to the corporation in the year and the corporation could reasonably be expected to require more than five full-time employees if those services had not been provided;

“specified partnership income” of a corporation for a taxation year means the aggregate of

(a)  the aggregate of all amounts each of which is an amount, in respect of a partnership of which the corporation is a member in the year, equal to the lesser of

i.  the aggregate of all amounts each of which is an amount, in respect of an eligible business carried on in Canada by the corporation as a member of the partnership, equal to the amount by which the aggregate of all amounts each of which is the corporation’s share of the income, determined in accordance with Title XI of Book III, of the partnership from the business for a fiscal period of the business that ends in the year, exceeds the aggregate of all amounts each of which is an amount deducted in computing the corporation’s income for the year from the business, other than an amount that was deducted by the partnership in computing its income from the business, and

ii.  the proportion of the lesser of $500,000 and the product obtained by multiplying $1,370 by the number of days included in a fiscal period of the partnership that ends in the year that the aggregate of all amounts each of which is the corporation’s share of the income, determined in accordance with Title XI of Book III, of the partnership from an eligible business carried on in Canada for a fiscal period that ends in the year is of the aggregate of all amounts each of which is the partnership’s income for a fiscal period referred to in subparagraph i from an eligible business carried on in Canada; and

(b)  the lesser of

i.  the aggregate of the amounts determined in respect of the corporation for the year under subparagraphs i and ii of paragraph a of section 771.2.1.2, and

ii.  the aggregate of all amounts each of which is an amount, in respect of a partnership of which the corporation is a member in the year, equal to the amount by which the amount determined in respect of the partnership for the year under subparagraph i of paragraph a exceeds the amount determined in respect of the partnership for the year under subparagraph ii of that paragraph;

“specified partnership loss” of a corporation for a taxation year means the aggregate of all amounts each of which is an amount, in respect of a partnership of which the corporation is a member in the year, equal to the aggregate of

(a)  the aggregate of all amounts each of which is the corporation’s share of the loss, determined in accordance with Title XI of Book III, of the partnership for a fiscal period that ends in the year from an eligible business carried on in Canada by the corporation as a member of the partnership; and

(b)  the aggregate of all amounts each of which is the amount by which the aggregate of all amounts each of which is an amount deducted in computing the corporation’s income for the year from an eligible business carried on in Canada by the corporation as a member of the partnership, other than an amount that was deducted by the partnership in computing its income from the business, exceeds the aggregate of all amounts each of which is the corporation’s share of the income, determined in accordance with Title XI of Book III, of the partnership from the business for a fiscal period that ends in the year;

“tax-free period” of a corporation means the period beginning at the time of its incorporation and ending

(a)  on the last day of the ten-year period beginning at that time; or

(b)  if it is earlier than the day referred to in paragraph a, on the last day of the taxation year that precedes the taxation year in which the corporation ceases to be a corporation dedicated to the commercialization of intellectual property.

For the purposes of the definition of “information technology development centre” in the first paragraph, premises designated by Investissement Québec are deemed to be part of a building referred to in that definition.

For the purposes of the definition of “new economy centre” in the first paragraph, premises designated by Investissement Québec are deemed to form part of a building referred to in that definition.

Despite the definition of “eligibility period” in the first paragraph, the eligibility period of a corporation does not include any day in a taxation year for which the corporation is authorized by Investissement Québec to carry on its business outside the information technology development centre, the new economy centre or the biotechnology development centre that is mentioned in the certificate referred to in paragraph a of section 771.12, if, during that day, none of the activities of its business are carried on in Québec.

For the purposes of the definition of “oil refining corporation” in the first paragraph, the following rules apply for the purpose of determining whether a corporation is associated with a partnership or a trust at any time:

(a)  a partnership is deemed to be a corporation the taxation year of which corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at that time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time; and

(b)  a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this subparagraph b referred to as the “distribution date”), and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if any such beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if that time occurs before the distribution date, are owned at that time by the beneficiary, and

(2)  if subparagraph 1 does not apply and if that time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at that time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at that time by the person referred to in that section from whom a property of the trust or a property for which it was substituted was directly or indirectly received.

1981, c. 12, s. 9; 1987, c. 21, s. 28; 1989, c. 5, s. 118; 1992, c. 1, s. 66; 1995, c. 63, s. 68; 1997, c. 3, s. 71; 1997, c. 85, s. 153; 1998, c. 17, s. 64; 1999, c. 83, s. 102; 2000, c. 39, s. 76; 2001, c. 51, s. 72; 2001, c. 69, s. 12; 2002, c. 9, s. 20; 2003, c. 9, s. 98; 2004, c. 21, s. 201; 2005, c. 23, s. 103; 2005, c. 38, s. 172; 2007, c. 12, s. 86; 2009, c. 5, s. 312; 2009, c. 15, s. 150; 2010, c. 5, s. 67; 2010, c. 25, s. 77.

771.1.1. In this Title, the income or loss of a corporation for a taxation year from an eligible business carried on by it means the aggregate of

(a)  the income or loss of the corporation for the year from the business, including the income or loss of the corporation for the year that is incident to or pertains to that business or from any property that is used or held principally for the purpose of gaining an income from that business, but excluding a dividend that is deductible under Title VIII of Book IV or under section 845 in computing the taxable income of the corporation for the year; and

(b)  the amount included under section 92.5.2 in computing the income of the corporation for the year.

1987, c. 21, s. 28; 1989, c. 5, s. 118; 1993, c. 64, s. 83; 1994, c. 22, s. 267; 1997, c. 3, s. 71; 2000, c. 39, s. 77.

771.1.2. (Repealed).

1989, c. 5, s. 119; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.1.3. (Repealed).

1989, c. 5, s. 119; 1997, c. 3, s. 71; 1997, c. 85, s. 154; 2000, c. 39, s. 78.

771.1.4. (Repealed).

1989, c. 5, s. 119; 1997, c. 3, s. 34; 1997, c. 85, s. 155; 2000, c. 39, s. 78.

771.1.4.1. (Repealed).

1997, c. 85, s. 156; 2000, c. 5, s. 293; 2000, c. 39, s. 78.

771.1.5. (Repealed).

1989, c. 5, s. 119; 1994, c. 22, s. 268; 1995, c. 63, s. 69; 1997, c. 3, s. 35; 1997, c. 85, s. 157; 1999, c. 83, s. 103; 2000, c. 39, s. 78.

771.1.5.1. (Repealed).

1995, c. 63, s. 70; 1997, c. 3, s. 36; 2000, c. 39, s. 78.

771.1.5.2. (Repealed).

1995, c. 63, s. 70; 1997, c. 3, s. 37; 1997, c. 14, s. 126; 2000, c. 39, s. 78.

771.1.5.3. (Repealed).

1995, c. 63, s. 70; 1996, c. 39, s. 207; 1997, c. 3, s. 71; 1997, c. 14, s. 127; 1999, c. 83, s. 104; 2000, c. 39, s. 78.

771.1.6. (Repealed).

1989, c. 5, s. 119; 1992, c. 1, s. 67; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.1.7. (Repealed).

1989, c. 5, s. 119; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.1.8. (Repealed).

1989, c. 5, s. 119; 1994, c. 22, s. 269; 1997, c. 3, s. 71; 1997, c. 14, s. 128; 2000, c. 39, s. 78.

771.1.9. (Repealed).

1989, c. 5, s. 119; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.1.10. (Repealed).

1989, c. 5, s. 119; 1992, c. 1, s. 68; 1993, c. 16, s. 287; 1997, c. 3, s. 71; 1997, c. 31, s. 82; 2000, c. 39, s. 78.

771.1.11. (Repealed).

1989, c. 5, s. 119; 1993, c. 16, s. 288; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.2. (Repealed).

1981, c. 12, s. 9; 1983, c. 44, s. 28; 1985, c. 25, s. 131; 1989, c. 5, s. 120.

771.2.1. (Repealed).

1987, c. 21, s. 29; 1989, c. 5, s. 121; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.2.1.1. (Repealed).

1992, c. 1, s. 69; 1997, c. 3, s. 71; 2000, c. 39, s. 78.

771.2.1.2. The amount that, for the purposes of paragraphs d.2 and h of subsection 1 of section 771, is to be determined in respect of a corporation for a taxation year under this section is equal to the least of

(a)  the amount by which the aggregate of all amounts each of which is the income of the corporation for the year from an eligible business carried on by it in Canada, other than the income of the corporation for the year from a business carried on by it as a member of a partnership, and the specified partnership income of the corporation for the year exceeds the aggregate of

i.  all amounts each of which is a loss of the corporation for the year from an eligible business carried on by it in Canada, other than a loss of the corporation for the year from a business carried on by it as a member of a partnership, and

ii.  the specified partnership loss of the corporation for the year;

(b)  the amount by which the taxable income of the corporation for the year exceeds the aggregate of the amount determined in respect of the corporation for the year under section 771.0.2.2 and the portion of the corporation’s taxable income for the year that is not, because of an Act of the Legislature of Québec, subject to tax under this Part; and

(c)  the corporation’s business limit for the year.

2005, c. 38, s. 173.

771.2.1.3. In this Title, a corporation’s business limit for a taxation year is equal to $500,000 unless the corporation is associated in the year with one or more other Canadian-controlled private corporations in which case, except as otherwise provided in this Title, its business limit for the year is equal to zero.

For the purposes of the first paragraph and sections 771.2.1.4 to 771.2.1.8, if two corporations are deemed, under section 21.21, to be associated with each other at any time because they are associated, or deemed to be associated under section 21.21, at that time with the same corporation (in this paragraph referred to as the “third corporation”) and the third corporation is not a Canadian-controlled private corporation at that time or makes a valid election under subsection 2 of section 256 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006, in relation to its taxation year that includes that time, not to be associated with either of the other two corporations, the following rules apply:

(a)  the third corporation is deemed not to be associated with either of the other two corporations in that taxation year; and

(b)  the third corporation’s business limit for that taxation year is deemed to be equal to zero.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2 of section 256 of the Income Tax Act or in relation to an election made under the second paragraph before 20 December 2006.

2005, c. 38, s. 173; 2009, c. 5, s. 313; 2010, c. 5, s. 68.

771.2.1.4. Despite the first paragraph of section 771.2.1.3, if a Canadian-controlled private corporation is associated with one or more other Canadian-controlled private corporations and all of those corporations have filed with the Minister in prescribed form an agreement whereby, for the purposes of this Title, they allocate a percentage to one or more of them for the year, the business limit for the year of each of the corporations is equal to the product obtained by multiplying $500,000 by the percentage so allocated to it, if the percentage or the aggregate of the percentages so allocated, as the case may be, does not exceed 100%, and to zero, in any other case.

2005, c. 38, s. 173; 2010, c. 5, s. 69.

771.2.1.5. If any of the Canadian-controlled private corporations referred to in section 771.2.1.4 fails to file with the Minister an agreement referred to in that section within 30 days after notice in writing by the Minister has been forwarded to any of them that such an agreement is required for the purposes of any assessment of tax under this Part, the Minister shall, for the purposes of this Title, allocate an amount to one or more of them for the taxation year, which amount or the aggregate of which amounts, as the case may be, is to be equal, despite the first paragraph of section 771.2.1.3, to the lesser of the amounts that would be the business limit for the year of each of the corporations if none of them was associated with another corporation in the year and if no reference were made to sections 771.2.1.7 and 771.2.1.8.

2005, c. 38, s. 173; 2010, c. 5, s. 69.

771.2.1.6. If any of the Canadian-controlled private corporations that are associated with each other in a taxation year has, in that year, an establishment in a province other than Québec and a percentage or an amount is allocated, in accordance with subsection 3 or 4 of section 125 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)), to one or more of those corporations for the year,

(a)  the percentage allocated to each of the corporations for the year in accordance with section 771.2.1.4 is to be equal to the percentage that was allocated to it in accordance with that subsection 3 for the year; and

(b)  the amount allocated to each of the corporations for the year in accordance with section 771.2.1.5 is to be equal to the amount obtained by multiplying the lesser of the amounts that would be the business limit for the year of each of the corporations if none of them was associated with another corporation in the year and if no reference were made to sections 771.2.1.7 and 771.2.1.8, by the proportion that the amount allocated for the year to the corporation in accordance with subsection 4 of section 125 of the Income Tax Act is of the aggregate of the amounts allocated for the year, in accordance with that subsection 4, to each of the corporations.

If, for a taxation year, a corporation referred to in the first paragraph has filed an agreement with the Minister of National Revenue in accordance with subsection 3 of section 125 of the Income Tax Act, the corporation shall file with the Minister, for that year, a copy of the agreement.

2005, c. 38, s. 173; 2010, c. 5, s. 70.

771.2.1.7. Despite the first paragraph of section 771.2.1.3 and sections 771.2.1.4 to 771.2.1.6, the following rules apply:

(a)  if a Canadian-controlled private corporation, in this paragraph referred to as the “first corporation”, has more than one taxation year ending in the same calendar year and is associated in two or more of those taxation years with another Canadian-controlled private corporation that has a taxation year ending in that calendar year, the business limit of the first corporation for each particular taxation year that ends in the calendar year in which it is associated with the other corporation and that ends after the first taxation year ending in that calendar year is, subject to subparagraph b, an amount equal to the lesser of

i.  its business limit for the first taxation year ending in the calendar year, determined in accordance with section 771.2.1.4 or 771.2.1.5, and

ii.  its business limit for the particular taxation year ending in the calendar year, determined in accordance with section 771.2.1.4 or 771.2.1.5; and

(b)  if a Canadian-controlled private corporation has a taxation year of fewer than 51 weeks, its business limit for the year is that proportion of its business limit for the year, determined without reference to this paragraph and section 771.2.1.8, that the number of days in the year is of 365.

However, if subparagraph a of the first paragraph applies to a particular taxation year 2009 or 2010 of a corporation that ends after 19 March 2009, subparagraph i of that subparagraph a is to be read as follows:

“i. the amount that would be its business limit for the first taxation year ending in the calendar year, determined in accordance with section 771.2.1.4 or 771.2.1.5, if the reference to the amount in dollars that is provided for in section 771.2.1.4, as it applies in respect of that first taxation year, were replaced by a reference to the amount in dollars that is provided for in that section, as it applies in respect of the particular taxation year ending in the calendar year, and”.

2005, c. 38, s. 173; 2010, c. 5, s. 71.

771.2.1.8. Despite the first paragraph of section 771.2.1.3 and sections 771.2.1.4 to 771.2.1.7, a Canadian-controlled private corporation’s business limit for a taxation year ending in a calendar year is equal to the amount by which its business limit for the taxation year, determined without reference to this section, exceeds the amount determined by the formula

A × [(B − $10,000,000) / $5,000,000].

In the formula in the first paragraph,

(a)  A is the corporation’s business limit for the taxation year, determined without reference to this section; and

(b)  B is

i.  if the corporation is not associated with any other corporation in the taxation year, the corporation’s paid-up capital determined as provided in section 771.2.1.9 of its preceding taxation year or, if the corporation is in its first fiscal period, on the basis of its financial statements prepared at the beginning of the fiscal period in accordance with generally accepted accounting principles, and

ii.  if the corporation is associated with one or more other corporations in the taxation year, the aggregate of all amounts each of which is, for the corporation or any of the other corporations, the amount of its paid-up capital determined as provided in section 771.2.1.9 for its last taxation year ending in the preceding calendar year or, if the corporation is in its first fiscal period, on the basis of its financial statements prepared at the beginning of the fiscal period in accordance with generally accepted accounting principles.

2005, c. 38, s. 173.

771.2.1.9. For the purposes of section 771.2.1.8, the paid-up capital of a corporation for a taxation year is equal to

(a)  in respect of a financial institution, twice its paid-up capital determined for that year in accordance with Title II of Book III of Part IV;

(b)  in respect of a corporation referred to in paragraph c of section 1132, a mining corporation that has not reached the production stage or a cooperative, its paid-up capital that would be determined for that year in accordance with Title I of Book III of Part IV if no reference were made to section 1138.2.6; and

(c)  in respect of an insurance corporation, other than a corporation referred to in paragraph a or b, twice its paid-up capital that would be determined for that year in accordance with Title II of Book III of Part IV, if the corporation were a bank and if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136.

2005, c. 38, s. 173; 2009, c. 5, s. 314; 2009, c. 15, s. 151.

771.2.1.10. If in a taxation year a corporation is a member of a particular partnership and the corporation or a corporation with which it is associated in the year is a member of one or more other partnerships in the year and it may reasonably be considered that one of the main reasons for the separate existence of the partnerships is to increase for a corporation the amount determined in its respect under subparagraph ii of paragraph d.2 of subsection 1 of section 771, the specified partnership income of the corporation for the year shall, for the purposes of this Title, be computed in respect of those partnerships as if all amounts each of which is the income of one of the partnerships for a fiscal period ending in the year from an eligible business carried on by it in Canada were equal to zero except for the greatest of such amounts.

2005, c. 38, s. 173.

771.2.1.11. For the purposes of this Title, a corporation that is a member, or is deemed under this section to be a member, of a partnership that is itself a member of another partnership is deemed to be a member of that other partnership and the corporation’s share of the income of the other partnership for a fiscal period is deemed to be equal to the amount of such income to which the corporation is directly or indirectly entitled.

2005, c. 38, s. 173.

771.2.1.12. Despite any other provision of this Title, if a corporation is a member of a partnership that was controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada, by one or more public corporations other than a prescribed venture capital corporation, or by any combination thereof at any time in its fiscal period ending in a taxation year of the corporation, the income of the partnership for that fiscal period from an eligible business carried on in Canada is, for the purpose of computing the specified partnership income of the corporation for the year, deemed to be equal to zero.

2005, c. 38, s. 173.

771.2.1.13. For the purposes of section 771.2.1.12, a partnership is deemed to be controlled by one or more persons at any time if the share of that person or the aggregate of the shares of those persons of the income of the partnership from a particular source for the fiscal period of the partnership that includes that time exceeds one half of the income of the partnership from that source for that fiscal period.

2005, c. 38, s. 173.

771.2.2. For the purposes of sections 771.2.1.2 and 771.8.3 in respect of a corporation for a taxation year, the following rules apply:

(a)  the excess amount described in paragraph a of section 771.2.1.2 is to be computed as if the corporation had, for the year,

i.  realized an additional income from an eligible business it carries on in Canada, equal to the second aggregate that is mentioned in the first paragraph of section 52 of the Act respecting international financial centres (chapter C-8.3) and determined in its respect for the year under that paragraph, and

ii.  sustained an additional loss from an eligible business it carries on in Canada, equal to the first aggregate that is mentioned in the first paragraph of section 52 of the Act respecting international financial centres and determined in its respect for the year under that paragraph; and

(b)  the excess amount described in subparagraph d of the first paragraph of section 771.8.3 is to be computed as if the corporation had, for the year,

i.  realized an additional income from an eligible business it carries on in Canada, equal to the second aggregate that is mentioned in the first paragraph of section 52 of the Act respecting international financial centres, which, if the percentage specified in computing that aggregate were equal to 100%, would be determined in its respect for the year under that paragraph, and

ii.  sustained an additional loss from an eligible business it carries on in Canada, equal to the first aggregate that is mentioned in the first paragraph of section 52 of the Act respecting international financial centres, which, if the percentage specified in computing that aggregate were equal to 100%, would be determined in its respect for the year under that paragraph.

1987, c. 21, s. 29; 1989, c. 5, s. 121; 1992, c. 1, s. 70; 1995, c. 63, s. 71; 1997, c. 3, s. 71; 1997, c. 85, s. 158; 2000, c. 39, s. 79; 2004, c. 21, s. 202; 2005, c. 38, s. 174; 2009, c. 5, s. 315.

771.2.3. For the purposes of sections 771.2.1.2 and 771.8.3, the amount by which the income of a corporation for a taxation year from an eligible business carried on by it exceeds its loss for the year from such a business shall be computed

(a)  as if the amount determined under subparagraph a of the first paragraph of section 737.18.3 in respect of the corporation for the year were nil; and

(b)  as if the amount determined under subparagraph b of the first paragraph of section 737.18.3 in respect of the corporation for the year were, up to the amount that would, but for paragraph a, be determined under subparagraph a of that first paragraph in respect of the corporation for the year, nil.

1999, c. 83, s. 105; 2000, c. 39, s. 80; 2005, c. 38, s. 175; 2009, c. 5, s. 316.

771.2.4. For the purposes of sections 771.2.1.2 and 771.8.3, the amount by which the income of a corporation for a taxation year from an eligible business carried on by it exceeds its loss for the year from such a business shall be computed as if the amount determined under subparagraph a of the first paragraph of section 737.18.11 in respect of the corporation for the year and the amount determined in respect of the corporation for the year under subparagraph b of that paragraph were nil.

2000, c. 39, s. 81; 2005, c. 38, s. 176; 2009, c. 5, s. 317.

771.2.5. For the purposes of sections 771.2.1.2 and 771.8.3, the amount by which the income of a corporation for a taxation year from an eligible business carried on by it exceeds its loss for the year from such a business shall be computed as if the amounts determined in accordance with subparagraphs a and b of the second paragraph of section 737.18.17 in respect of the corporation for the year and the amounts determined in accordance with subparagraphs d and e of that paragraph in respect of a partnership of which the corporation is a member at the end of the partnership’s fiscal period ending in that year, in relation to a major investment project of the corporation or partnership, as the case may be, in respect of which the Minister of Finance issued an annual qualification certificate for the taxation year of the corporation or fiscal period of the partnership, were nil.

2002, c. 9, s. 21; 2005, c. 38, s. 176; 2009, c. 5, s. 317.

771.2.6. For the purposes of section 771.2.1.2, the amount by which the income of a corporation for a taxation year from an eligible business carried on by it exceeds its loss for the year from such a business shall be computed with reference to the following rules:

(a)  the product obtained by multiplying the amount that is the income or portion of the income, as the case may be, of the corporation for the year, determined under subparagraph a of the second paragraph of section 737.18.26, by the proportion determined in the second paragraph is deemed to be nil; and

(b)  the product obtained by multiplying the amount that is the loss or the portion of the loss, as the case may be, of the corporation for the year, determined under subparagraph b of the second paragraph of section 737.18.26, by the proportion determined in the second paragraph is deemed to be nil.

The proportion to which the first paragraph refers is determined by the formula

75% × {1 - [(A - $20,000,000)/$10,000,000]} × (1 - B) × C/D.

In the formula in the second paragraph,

(a)  A is the greater of $20,000,000 and the paid-up capital attributed to the corporation for the year, determined in accordance with section 737.18.24;

(b)  B is the corporation’s reduction factor for the year, within the meaning assigned by the first paragraph of section 737.18.18;

(c)  C is

i.  where the amount that would be deductible in computing the corporation’s taxable income for the year under section 737.18.26 if no reference were made to section 737.18.26.1 exceeds the particular amount that is deductible in computing the corporation’s taxable income for the year under section 737.18.26, the particular amount, and

ii.  in any other case, 1; and

(d)  D is,

i.  where the particular amount that would be deductible in computing the corporation’s taxable income for the year under section 737.18.26 if no reference were made to section 737.18.26.1 exceeds the amount that is deductible in computing the corporation’s taxable income for the year under section 737.18.26, the particular amount, and

ii.  in any other case, 1.

2002, c. 40, s. 75; 2004, c. 21, s. 203; 2005, c. 38, s. 177; 2009, c. 5, s. 318; 2010, c. 25, s. 78.

771.2.7. For the purposes of sections 771.2.1.2 and 771.8.3, the amount by which the income of a corporation for a taxation year from an eligible business carried on by it exceeds its loss for the year from such a business shall be computed as if

(a)  in the case of section 771.2.1.2, 75% of the amounts determined in accordance with subparagraphs a and b of the second paragraph of section 737.18.33 in respect of the corporation for the year were nil; and

(b)  in the case of section 771.8.3, the amounts determined in accordance with subparagraphs a and b of the second paragraph of section 737.18.33 in respect of the corporation for the year were nil.

2003, c. 9, s. 99; 2004, c. 21, s. 204; 2005, c. 38, s. 178; 2009, c. 5, s. 319.

771.3. Where an amount is paid or becomes payable to a particular corporation by another corporation with which it is associated in any particular taxation year and where the particular corporation must otherwise include that amount in computing its income for the particular year from any property or specified investment business, the rules set forth in section 771.4 apply for the purposes of section 771.1.1.

1984, c. 15, s. 179; 1985, c. 25, s. 131; 1986, c. 15, s. 119; 1987, c. 21, s. 30; 1989, c. 5, s. 121; 1991, c. 8, s. 49; 1997, c. 3, s. 71.

771.4. The rules contemplated in section 771.3 are as follows:

(a)  the portion of the amount contemplated in section 771.3 that is deductible in computing the income of the other corporation for a taxation year from an eligible business carried on by it is deemed to be income of the particular corporation for the particular year from an eligible business carried on by it;

(b)  any outlay or expense, to the extent that that outlay or expense may reasonably be regarded as having been made or incurred by the particular corporation for the purpose of gaining the portion contemplated in paragraph a, is deemed to have been made or incurred for the purpose of gaining the income contemplated in paragraph a.

1985, c. 25, s. 131; 1986, c. 15, s. 120; 1987, c. 21, s. 30; 1997, c. 3, s. 71; 1997, c. 85, s. 330.

771.5. Subject to sections 771.6 and 771.7, a corporation is a qualified corporation for a particular taxation year if

(a)  its first taxation year began after 25 March 1997 but before 30 March 2004;

(b)  it is not a corporation resulting from an amalgamation or a merger of several corporations;

(c)  the particular year is included, in whole or in part, in the exemption period of the corporation;

(d)  the corporation filed a return in prescribed form with the Minister on or before its filing-due date for its first taxation year;

(e)  the corporation has not made an election under subparagraph b of the third paragraph of section 737.18.26.

1987, c. 21, s. 31; 1992, c. 1, s. 71; 1995, c. 63, s. 72; 1997, c. 3, s. 71; 1997, c. 31, s. 83; 1997, c. 85, s. 159; 2000, c. 39, s. 82; 2002, c. 40, s. 76; 2005, c. 23, s. 104.

771.5.1. For the purposes of paragraph d of section 771.5, a return that has not been filed by the corporation within the time prescribed therefor is deemed to have been filed within that time if the return is filed, in prescribed form and along with a payment by the corporation of the penalty determined under the second paragraph, on or before the corporation’s filing-due date for its taxation year in which the five-year period following the beginning of its first taxation year ends.

(a)  in the case of a corporation whose first taxation year begins after 25 March 1997, for its taxation year in which the five-year period following the beginning of its first taxation year ends; and

(b)  in any other case, for its third taxation year.

For the purposes of the first paragraph, the penalty that a corporation is required to pay with respect to the return contemplated therein is equal to the lesser of $600 and the product obtained by multiplying $50 by the number of months included, in whole or in part, in the period beginning on the day on which the time prescribed in paragraph d of section 771.5 expires and ending on the day on which the return is actually filed.

1990, c. 7, s. 70; 1997, c. 3, s. 71; 1997, c. 31, s. 84; 1997, c. 85, s. 160; 2000, c. 39, s. 83.

771.5.2. The Minister shall examine with dispatch every return filed with him under section 771.5.1, assess the penalty payable and send a notice of assessment to the corporation, which shall pay forthwith to the Minister the unpaid balance of the penalty.

1990, c. 7, s. 70; 1997, c. 3, s. 71.

771.6. A corporation is not a qualified corporation for a taxation year if, at any time in the period extending from the day of its incorporation to the end of the year, the corporation

(a)  was associated with any other corporation;

(b)  was a corporation other than a Canadian-controlled private corporation;

(c)  carried on a personal services business;

(d)  carried on an eligible business as a member of a partnership or as a co-participant in a joint venture with another person or a partnership;

(e)  was a beneficiary under a trust other than a mutual fund trust; or

(f)  carried on an eligible business principally as a result of acquiring or renting property from another person or a partnership who or which, at any time in the 12 months preceding that acquisition or rental, carried on a business in which he or it used that property and, by reason of that acquisition or rental, the corporation may reasonably be regarded as having continued to carry on the business or a part of the business of the other person or of the partnership.

Similarly, a corporation is not a qualified corporation for a taxation year if, for that year or a preceding taxation year,

(a)  all of its activities in the year do not consist entirely or almost entirely in carrying on an eligible business; or

(b)  its paid-up capital determined for the taxation year preceding the year or, where the corporation’s year is its first fiscal period, on the basis of its financial statements prepared at the beginning of the fiscal period in accordance with generally accepted accounting principles, exceeds $15,000,000.

For the purposes of subparagraph b of the second paragraph, the paid-up capital of a corporation is

(a)  in respect of a financial institution, a corporation referred to in paragraph c of section 1132 or a mining corporation that has not reached the production stage, its paid-up capital that would be determined in accordance with Book III of Part IV if no reference were made to sections 1138.0.1, 1138.2.6 and 1141.3;

(b)  in respect of an insurance corporation, other than a corporation referred to in subparagraph a, its paid-up capital that would be determined in accordance with Title II of Book III of Part IV, if the corporation were a bank, if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136 and if no reference were made to section 1141.3; and

(c)  in respect of a cooperative, its paid-up capital that would be determined in accordance with Title I of Book III of Part IV if no reference were made to sections 1138.0.1 and 1138.2.6.

1987, c. 21, s. 31; 1991, c. 8, s. 50; 1993, c. 64, s. 84; 1995, c. 63, s. 73; 1996, c. 39, s. 208; 1997, c. 3, s. 38; 1997, c. 85, s. 161; 2000, c. 39, s. 84; 2003, c. 9, s. 100; 2005, c. 23, s. 105; 2009, c. 5, s. 320; 2009, c. 15, s. 152.

771.7. Where the business carried on in a taxation year by a corporation may reasonably be considered in fact to consist mainly in the continuance of one or several businesses or of a part of one or several businesses previously carried on by one or several other persons or partnerships and where, but for this section, the corporation would be a qualified corporation for that year or a subsequent taxation year, the corporation is deemed, if the Minister so decides, not to be a qualified corporation for those years.

1987, c. 21, s. 31; 1995, c. 63, s. 261; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

771.8. (Repealed).

1987, c. 21, s. 31; 1988, c. 4, s. 65; 1989, c. 5, s. 122; 1990, c. 59, s. 295; 1995, c. 63, s. 74; 1997, c. 3, s. 71; 2000, c. 39, s. 85.

771.8.1. (Repealed).

1992, c. 1, s. 72; 1993, c. 19, s. 62; 1994, c. 22, s. 270; 1995, c. 63, s. 75; 1997, c. 3, s. 71; 2000, c. 39, s. 85.

771.8.2. (Repealed).

1995, c. 63, s. 76; 1997, c. 3, s. 71; 2000, c. 39, s. 85.

771.8.3. The amount which, for the purposes of paragraph h of subsection 1 of section 771, is to be determined under this section in respect of a corporation for a taxation year is equal to 75% of the least of

(a)  $200,000;

(b)  the amount by which the taxable income of the corporation for the year exceeds the aggregate of the amount determined in respect of the corporation for the year under section 771.0.2.2 and the amount, if any, of the corporation’s taxable income for the year that is not, because of an Act of the Legislature of Québec, subject to tax under this Part; and

(c)  (subparagraph repealed);

(d)  the amount by which its income for the year from an eligible business carried on by it in Canada exceeds its loss for the year from such a business.

However, the first paragraph shall be read,

(a)  where the corporation’s taxation year includes the last day of its exemption period, with “is equal to 75% of the least of”, in the portion before subparagraph a thereof, replaced by “is equal to such proportion of 75% of the least of the following amounts as the number of days in the year that are included in the corporation’s exemption period is of the number of days in the year:”;

(b)  where the corporation’s taxation year has less than 51 weeks, with the amount of $200,000, in subparagraph a thereof, replaced by such proportion of that amount as the number of days in the year is of 365.

1997, c. 85, s. 162; 2000, c. 39, s. 86; 2004, c. 21, s. 205.

771.8.4. (Repealed).

1997, c. 85, s. 162; 2000, c. 39, s. 87.

771.8.5. The amount that, for the purposes of paragraph j of subsection 1 of section 771, is to be determined under this section in respect of a corporation for a taxation year is the amount determined by the formula

A × B × C.

In the formula in the first paragraph,

(a)  A is,

i.  if the corporation’s taxation year includes the first or the last day of its eligibility period, or if a part of the year is excluded from its eligibility period because of the application of the fourth paragraph of section 771.1, the proportion that the number of days in the year that are included in the corporation’s eligibility period is of the number of days in the year, and

ii.  in any other case, 1;

(b)  B is

i.  75%, if the corporation is referred to in subparagraph iii of paragraph a of section 771.12 and any of the following conditions is met:

(1)  the certificate referred to in paragraph a of section 771.12 and held by the corporation provides for the application of that rate, or

(2)  subject to the third paragraph, control of the corporation was acquired at the beginning of the year or of a preceding taxation year, but after 11 June 2003, by a person or a group of persons, and

ii.  100%, in any other case; and

(c)  C is the lesser of

i.  the amount by which its income for the year from an eligible business carried on by it in Canada exceeds its loss for the year from such a business, and

ii.  the amount by which the taxable income of the corporation for the year exceeds the aggregate of the amount determined in respect of the corporation for the year under section 771.0.2.2 and the portion of that income that is not, because of an Act of the Legislature of Québec, subject to tax under this Part.

The condition set out in subparagraph 2 of subparagraph i of subparagraph b of the second paragraph is deemed not to be met if the acquisition of control

(a)  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date;

(b)  is by an exempt corporation, by a person or group of persons that controls an exempt corporation, or by a group of persons each member of which is an exempt corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003; or

(d)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003.

1997, c. 85, s. 162; 2000, c. 39, s. 88; 2005, c. 23, s. 106; 2006, c. 13, s. 61; 2007, c. 12, s. 87.

771.8.5.1. The amount that must be determined, for the purposes of paragraph j.1 of subsection 1 of section 771, in respect of a corporation for a taxation year under this section is the amount determined by the formula

A × B.

In the formula in the first paragraph,

(a)  A is

i.  if the corporation’s taxation year includes the last day of its tax-free period, the proportion that the number of days in the year that are included in the corporation’s tax-free period is of the number of days in the year, and

ii.  in any other case, 1; and

(b)  B is the lesser of

i.  the amount by which the corporation’s income for the year from an eligible business that is an eligible commercialization business exceeds its loss for the year from such a business, and

ii.  the amount by which the corporation’s taxable income for the year exceeds the aggregate of the amount determined in respect of the corporation for the year under section 771.0.2.2 and the portion of that income that is not subject to tax under this Part because of an Act of Québec.

2010, c. 5, s. 72; 2010, c. 25, s. 79.

771.8.6. (Repealed).

1997, c. 85, s. 162; 2000, c. 39, s. 89.

771.9. (Repealed).

1987, c. 21, s. 31; 1992, c. 1, s. 73; 1995, c. 63, s. 77; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 85, s. 163; 2000, c. 39, s. 89.

771.10. (Repealed).

1987, c. 21, s. 31; 1992, c. 1, s. 74; 1995, c. 63, s. 78; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2000, c. 39, s. 89.

771.11. Where the tax payable by a corporation for a particular taxation year is determined under any of paragraphs e to g of subsection 1 of section 771, as that paragraph read for that year, the corporation is deemed, for the purposes of the application of section 734 to any subsequent taxation year, to have deducted under Title VII of Book IV, in computing its taxable income for the particular year, the amount that may be deducted in respect of any loss sustained for a taxation year ending before 26 March 1997 which, except where the corporation was a savings and credit union throughout the particular year, is not a net capital loss under the said Title in such computation for the particular year and which the corporation has not otherwise deducted in such computation for the particular year.

Notwithstanding the foregoing, the amount contemplated in the first paragraph for the particular taxation year in respect of a particular loss of the corporation shall not be greater than such portion of the excess amount described in subparagraph i of paragraph e, f or g, as the case may be, of subsection 1 of section 771, as that paragraph read for that year, in respect of the corporation for the particular year as exceeds the aggregate of all amounts it is deemed to have deducted under this section in such computation for the particular year in respect of any loss sustained by it in a taxation year preceding the taxation year in which the particular loss was sustained.

1987, c. 21, s. 31; 1992, c. 1, s. 74; 1995, c. 63, s. 78; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 85, s. 164; 2000, c. 39, s. 90.

771.12. Subject to section 771.13, a corporation is an exempt corporation for a taxation year where

(a)  the corporation holds a certificate issued and unrevoked by Investissement Québec certifying that

i.  the corporation carries on or may carry on a business that is an innovative project in an information technology development centre,

ii.  the corporation carries on or may carry on a business that is an innovative project in a new economy centre, or,

iii.  the corporation carries on or may carry on an innovative project in a biotechnology development centre;

(b)  the corporation is not a corporation resulting from an amalgamation or a merger of several corporations;

(c)  (paragraph repealed);

(d)  the year is comprised in whole or in part in the corporation’s eligibility period; and

(e)  the corporation has filed a copy of the certificate referred to in paragraph a with the Minister.

1997, c. 85, s. 165; 1998, c. 17, s. 64; 1999, c. 83, s. 106; 2000, c. 39, s. 91; 2001, c. 51, s. 73; 2001, c. 69, s. 12; 2002, c. 9, s. 22; 2003, c. 9, s. 101; 2005, c. 23, s. 107.

771.13. A corporation is not an exempt corporation for a taxation year if

(a)  the corporation is exempt from tax for the year under Book VIII;

(b)  the corporation would be exempt from tax for the year under section 985 but for section 192;

(c)  the corporation, at any time in the period extending from the day of its incorporation to the end of that year, was a beneficiary of a trust, other than a mutual fund trust, or carried on

i.  a personal services business, or

ii.  an eligible business as a member of a partnership or as a co-participant in a joint venture with another person or partnership;

(d)  the corporation is referred to in subparagraph i or ii of paragraph a of section 771.12 and is the subject, at the beginning of the year or of a preceding taxation year, but after 11 June 2003, of an acquisition of control by a person or a group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that the acquisition of control results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by an exempt corporation, by a person or group of persons that controls an exempt corporation, or by a group of persons each member of which is an exempt corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

(e)  the corporation is referred to in subparagraph iii of paragraph a of section 771.12 and is the subject, at the beginning of the year or of a preceding taxation year, but after 30 March 2004, of an acquisition of control by a person or a group of persons, unless the acquisition of control

i.  occurs before 1 July 2005 and Investissement Québec certifies that the acquisition of control results from a transaction that was sufficiently advanced on 30 March 2004 and was binding on the parties on that date,

ii.  is by an exempt corporation, by a person or group of persons that controls an exempt corporation, or by a group of persons each member of which is an exempt corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 30 March 2004 of one or more rights described in paragraph b of section 20 that were acquired before 31 March 2004, or

iv.  derives from the performance after 30 March 2004 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 31 March 2004;

(f)  at any time in a preceding taxation year, but after 11 June 2003, control of a specified corporation is acquired by the corporation, by a person or a group of persons that controls it or by a group of persons each member of which is an exempt corporation, a specified corporation or a person who, alone or together with other members of the group, controls an exempt corporation or a specified corporation, and of which group the corporation is part as a member or as a corporation that is controlled by one or more members of the group, unless

i.  the acquisition of control

(1)  occurs before 1 July 2004 and Investissement Québec certifies that the acquisition of control results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

(2)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

(3)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003, or

ii.  the corporation or, if control is acquired by a group, another exempt corporation that is a member of the group or is controlled by one or more of its members, notifies Investissement Québec of the acquisition of control and of its election to maintain its status as an exempt corporation despite this subparagraph f;

(g)  for a preceding taxation year, the corporation has obtained, from Investissement Québec, a certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, after the corporation elected to become a specified corporation from a particular day of that preceding year that is not before 12 June 2003 and in respect of which the date of coming into force of the certificate is a proof; or

(h)  the corporation has made an election under the fourth or fifth paragraph of section 1029.8.36.0.3.80 for the year or a preceding taxation year.

Subparagraph f of the first paragraph does not apply to a particular corporation if control of the specified corporation is acquired by a person or a group of persons that controls the particular corporation or by a group of persons of which group the particular corporation is part as a corporation that is controlled by one or more members of the group and the person, group of persons or members also control another specified corporation.

In addition, subparagraph f of the first paragraph does not apply if the specified corporation whose control is acquired carries on or may carry on its business in a biotechnology development centre and the acquisition of control occurs after 30 March 2004.

For the purpose of determining whether a corporation is an exempt corporation for the taxation year in which the acquisition of control described in subparagraph f of the first paragraph occurs or in which the election made under subparagraph g of that paragraph becomes effective, no reference is to be made to

(a)  subparagraphs a to e of the first paragraph for the part of that year that begins, as the case may be, at the time of the acquisition of control or on the day on which the election becomes effective; and

(b)  the revocation of the certificate referred to in paragraph a of section 771.12, if the date on which it becomes effective is included in the part of the year referred to in subparagraph a.

1997, c. 85, s. 165; 1999, c. 83, s. 107; 2000, c. 5, s. 171; 2004, c. 21, s. 206; 2005, c. 23, s. 108; 2006, c. 13, s. 62; 2007, c. 12, s. 88; 2009, c. 15, s. 153.

771.14. Subject to section 771.15, a corporation is a corporation dedicated to the commercialization of intellectual property for a taxation year if

(a)  it was incorporated in Canada after 19 March 2009 and before 1 April 2014;

(b)  it began to carry on an eligible commercialization business within 12 months after its incorporation;

(c)  for the year and for each preceding taxation year, all or substantially all of its income is derived from an eligible business that is an eligible commercialization business;

(d)  in the year and in each preceding taxation year, all or substantially all of the amounts received or to be received by the corporation on the disposition of capital property is derived from the disposition of capital property in the ordinary course of carrying on an eligible commercialization business;

(e)  in the year and in each preceding taxation year, it did not carry on all or part of a business previously carried on by a person or partnership, unless the person or partnership did not carry on the business during more than 90 days;

(f)  in the year and in each preceding taxation year, it did not dispose of all or substantially all of the property it used in carrying on an eligible commercialization business;

(g)  it is not a corporation resulting from an amalgamation or a merger of several corporations;

(h)  the year is comprised in whole or in part in the corporation’s tax-free period; and

(i)  it encloses a copy of the certificate referred to in the definition of “eligible commercialization business” in the first paragraph of section 771.1 and the prescribed form containing prescribed information with the fiscal return it is required to file under section 1000 for the year.

2010, c. 5, s. 73; 2010, c. 25, s. 80.

771.15. A corporation is not a corporation dedicated to the commercialization of intellectual property for a taxation year if

(a)  the corporation would be exempt from tax for the year under section 985 but for section 192;

(b)  the corporation’s taxable income is greater than zero for the year and the corporation did not deduct the maximum amount in respect of any reserve, allowance or other amount in computing its income or taxable income for the year;

(c)  the corporation’s taxable income is greater than zero for a preceding taxation year and the corporation did not deduct the maximum amount in respect of any reserve, allowance or other amount in computing its income or taxable income for that preceding year; or

(d)  the corporation, at any time in the period extending from the day of its incorporation to the end of the year, was a beneficiary of a trust, other than a mutual fund trust, or carried on

i.  a personal services business, or

ii.  an eligible business as a member of a partnership or as a co-participant in a joint venture with another person or partnership, unless each other co-participant in the joint venture or each other member of the partnership, as the case may be, was an eligible institute.

2010, c. 5, s. 73.

TITLE III MISCELLANEOUS TAX CREDITS

1972, c. 23; 1995, c. 63, s. 79.

CHAPTER I FOREIGN TAX CREDIT

1995, c. 63, s. 80.

DIVISION I INTERPRETATION

1995, c. 63, s. 80.

772. (Repealed).

1972, c. 23, s. 585; 1972, c. 26, s. 62; 1973, c. 17, s. 91; 1973, c. 18, s. 25; 1975, c. 22, s. 212; 1989, c. 77, s. 85; 1995, c. 63, s. 81.

772.1. (Repealed).

1990, c. 59, s. 296; 1993, c. 16, s. 289; 1993, c. 19, s. 63; 1994, c. 22, s. 271; 1995, c. 63, s. 81.

772.2. In this chapter,

“business-income tax” paid by a taxpayer for a taxation year in respect of businesses carried on by the taxpayer in a particular foreign country means, subject to sections 772.5.1 and 772.5.2, such portion of any income or profits tax paid by the taxpayer for the year to the government of a foreign country as may reasonably be regarded as tax in respect of the taxpayer’s income from any business carried on by the taxpayer in the particular foreign country and that is attributable to an establishment situated in that country, but does not include a tax

(a)  that may reasonably be regarded as relating to an amount that any other person or partnership has received or is entitled to receive from that government;

(b)  that may reasonably be attributed, as the case may be,

i.  to an amount included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year,

ii.  to the portion of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period, or

iii.  to the portion of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres (chapter C-8.3), in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined in subparagraph 1 of the second paragraph of that section 65 in respect of that period; or

(c)  that may reasonably be regarded as relating to an amount deductible under paragraph a of section 725 in computing the taxpayer’s taxable income for the year;

“commercial obligation” in respect of a taxpayer’s foreign oil and gas business in a country means an obligation of the taxpayer to a particular person, where

(a)  the obligation was undertaken in the course of carrying on the business or in contemplation of the business; and

(b)  the law of the country would have allowed the taxpayer to undertake an obligation, on substantially the same terms, to a person other than the particular person;

“economic profit” of a taxpayer in respect of a property for a period means the part of the taxpayer’s profit, from the business in which the property is used, that is attributable to the property in respect of the period or to related transactions, determined as if the only amounts deducted in computing that part of the profit were

(a)  interest and financing expenses incurred by the taxpayer and attributable to the acquisition or holding of the property in respect of the period or to a related transaction;

(b)  income or profits taxes payable by the taxpayer for any year to the government of a foreign country, in respect of the property for the period or in respect of a related transaction; or

(c)  other outlays and expenses that are directly attributable to the acquisition, holding or disposition of the property in respect of the period or to a related transaction;

“foreign oil and gas business” of a taxpayer means a business, carried on by the taxpayer in a taxing country, the principal activity of which is the extraction from natural accumulations, or from oil or gas wells, of petroleum, natural gas or related hydrocarbons;

“non-business-income tax” paid by a taxpayer for a taxation year to the government of a foreign country means, subject to sections 772.5.1 and 772.5.2, such portion of any income or profits tax paid by the taxpayer for the year to that government as

(a)  was not included in computing the business-income tax paid by the taxpayer for the year in respect of any business carried on by the taxpayer in any foreign country;

(b)  was not deductible by virtue of section 146 in computing the taxpayer’s income for the year;

(c)  was not deducted by virtue of section 146.1 in computing the taxpayer’s income for the year; and

(d)  is not a tax

i.  that would not have been payable by the taxpayer had the taxpayer not been a citizen of that country and that cannot reasonably be regarded as attributable to income from a source situated in a foreign country,

ii.  that is in respect of an amount deducted because of section 671.3 in computing the business-income tax paid by the taxpayer,

iii.  that may reasonably be regarded as relating to an amount that any other person or partnership has received or is entitled to receive from that government,

iv.  that may reasonably be regarded as the proportion of the tax paid by the taxpayer to that government in respect of income from employment abroad that the amount deducted by the taxpayer under section 737.25 in respect of that income in computing the taxpayer’s taxable income for the year is of the taxpayer’s income from employment abroad for the year as determined under Chapters I and II of Title II of Book III,

v.  that may reasonably be regarded as relating to the amount by which the amount deducted under subsection 12 of section 20 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in computing the taxpayer’s income for the year under that Act exceeds any amount deducted in the computation of the taxpayer’s income for the year under section 146.1,

vi.  that may reasonably be attributed to all or part of the taxable capital gain in respect of which the taxpayer or the taxpayer’s spouse claimed a deduction under any of sections 726.7 to 726.9 and 726.20.2,

vii.  that may reasonably be attributed, as the case may be,

(1)  to an amount included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year,

(2)  to the portion of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined under subparagraph a of the second paragraph of section 737.18.34 in respect of that period, or

(3)  to the portion of an amount, included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, that is equal to the product obtained by multiplying that amount by the percentage determined in subparagraph 1 of the second paragraph of that section 65 in respect of that period, or

viii.  that may reasonably be regarded as relating to an amount deductible under paragraph a of section 725 or section 737.14 or 737.28 in computing the taxpayer’s taxable income for the year;

“production tax amount” of a taxpayer for a foreign oil and gas business carried on by the taxpayer in a taxing country for a taxation year means the total of all amounts each of which

(a)  became receivable in the year by the government of the country because of an obligation, other than a commercial obligation, of the taxpayer, in respect of the business, to the government or a mandatary or instrumentality of the government;

(b)  is computed by reference to the amount by which the amount or value of petroleum, natural gas or related hydrocarbons produced or extracted by the taxpayer in the course of carrying on the business in the year exceeds an amount that

i.  is deductible, under the agreement or law that creates the obligation described in paragraph a, in computing the amount receivable by the government of the taxing country, and

ii.  is intended to take into account the taxpayer’s operating and capital costs of that production or extraction, and can reasonably be considered to have that effect;

(c)  would not, but for section 772.5.6, be an income or profits tax; and

(d)  is not identified as a royalty under the agreement that creates the obligation described in paragraph a or under any law of the taxing country;

“related transactions”, in respect of a taxpayer’s ownership of a property for a period, means transactions entered into by the taxpayer as part of the arrangement under which property was owned;

“tax-exempt income” means income of a taxpayer from a source in a country in respect of which

(a)  the taxpayer is, because of a tax agreement with that country, entitled to an exemption from all income or profits taxes, imposed in that country, to which the agreement applies; and

(b)  no income or profits tax to which the tax agreement does not apply is imposed in any country other than Canada;

“taxing country” means a foreign country the government of which regularly imposes, in respect of income from business carried on in the country, a levy or charge of general application that would, but for section 772.5.6, be an income or profits tax;

“tax otherwise payable” under this Part by a taxpayer for a taxation year means the tax payable by the taxpayer for the year under this Part, computed without reference to this chapter, sections 766.2 to 766.3, 767, 776 to 776.1.18, 776.17, 1183 and 1184, subparagraphs i and ii.1 of paragraph h of subsection 1 of section 771, subparagraphs i and iii of paragraph j of that subsection 1 and subparagraphs i and ii of paragraph j.1 of that subsection 1, and, in paragraph d.2 of that subsection 1, the deduction provided for in respect of a Canadian-controlled private corporation;

“unused portion of the foreign tax credit” of a taxpayer for a taxation year means

(a)  in respect of a country, where the taxpayer is an individual,

i.  the amount determined as such for the year in respect of the individual in respect of that country in accordance with the regulations made under section 772, as they read for that year, where the year is a taxation year previous to the taxation year 1991, or

ii.  in other cases, the amount by which

(1)  45% of the business-income tax paid by the taxpayer for the year in respect of businesses carried on by the taxpayer in that country exceeds

(2)  where the year is a taxation year that is before the taxation year 1998, the total of the amount deductible under section 772.8 in respect of that country in computing the individual’s tax payable under this Part for the year and the portion, that may reasonably be regarded as deductible under section 1086.3 in computing the individual’s tax payable under Part I.1 for the year, of the business-income tax paid by the individual for the year in respect of businesses carried on by the individual in that country, or, where the year is a taxation year that is after the taxation year 1997, the amount deductible under section 772.8 in respect of that country in computing the individual’s tax payable under this Part for the year; and

(b)  where the taxpayer is a corporation,

i.  the amount determined as such for the year in respect of the corporation in accordance with the regulations made under section 772, as they read for that year, where the year is a taxation year previous to the taxation year 1991,

ii.  an amount that is nil where the year is the taxation year 1991 or 1992 and the corporation decided to include an amount under section 726.5, as it read for those years, in computing its taxable income for the year, and

iii.  in other cases, the amount by which

(1)  the aggregate of the amounts, each of which corresponds to the maximum deduction that would be granted in accordance with this chapter, otherwise than under section 772.12, to the corporation in respect of a foreign country if it had sufficient tax otherwise payable, exceeds

(2)  the amount deductible under this chapter, otherwise than under section 772.12, in computing the corporation’s tax payable for the year under this Part.

1995, c. 63, s. 82; 1996, c. 39, s. 209; 1997, c. 3, s. 71; 1997, c. 14, s. 129; 1997, c. 85, s. 166; 1999, c. 86, s. 83; 2000, c. 39, s. 92; 2001, c. 53, s. 132; 2003, c. 2, s. 228; 2003, c. 9, s. 102; 2004, c. 21, s. 207; 2005, c. 1, s. 182; 2005, c. 38, s. 179; 2007, c. 12, s. 89; 2009, c. 5, s. 321; 2010, c. 5, s. 74.

772.2.1. For the purposes of the definition of “non-business-income tax” in section 772.2, an amount paid by a taxpayer for a taxation year as an employee’s contribution under the United States Federal Insurance Contributions Act (26 U.S.C. c. 21) is deemed to be an income or profits tax paid by the taxpayer for the year to the government of that country.

2009, c. 15, s. 154.

772.3. For the purposes of this chapter, where an individual dies or ceases to be resident in Canada during a taxation year, the last day of his taxation year is the day of his death or the last day on which he was resident in Canada, as the case may be.

1995, c. 63, s. 82; 2009, c. 5, s. 322.

772.4. For the purposes of this chapter, an individual’s business income that is attributable to an establishment situated in a particular foreign country shall be computed by applying, with the necessary modifications, the regulations made under section 22.

In addition, any deduction referred to in this chapter, otherwise than under section 772.11 or 772.12, shall be computed separately in respect of each country.

Any reference in this chapter to the government of a foreign country or a country other than Canada includes a reference to the government of a political subdivision of such a country.

Where the income from a source in a particular country would be tax-exempt income but for the fact that a portion of the income is subject to an income or profits tax imposed by the government of a country other than Canada, that portion of the income is deemed, for the purposes of this chapter, to be income from a separate source in the particular country.

For the purposes of section 772.9.1, if, in computing a taxpayer’s income from a business carried on by the taxpayer in Canada, an amount is included in respect of interest paid or payable to the taxpayer by a person resident in a foreign country, and the taxpayer has paid to the government of that country a non-business-income tax for the year with respect to the amount, the amount is deemed to be income from a source in that foreign country.

1995, c. 63, s. 82; 2003, c. 2, s. 229; 2009, c. 5, s. 323.

772.5. An individual who, in computing his taxable income for a taxation year, deducts an amount under any of sections 726.7 to 726.9 and 726.20.2 is deemed, for the purposes of this chapter, to have claimed the deduction in respect of such taxable capital gains or portion thereof as he may specify in the fiscal return he is required to file under section 1000 for the year or, failing such designation, in respect of such taxable capital gains as the Minister may designate in respect of the individual for the year.

1995, c. 63, s. 82.

772.5.1. If a taxpayer acquires a property, other than a capital property, at any time after 23 February 1998 and it is reasonable to expect at that time that the taxpayer will not realize an economic profit in respect of the property for the period that begins at that time and ends when the taxpayer next disposes of the property, the amount of all income or profits taxes in respect of the property for the period, and in respect of related transactions, paid by the taxpayer for any year to the government of a foreign country, is not included in computing the taxpayer’s business-income tax or non-business-income tax for any taxation year.

2001, c. 53, s. 133; 2003, c. 2, s. 230.

772.5.2. If at any particular time a taxpayer disposes of a property that is a share or debt obligation and the period that began at the time the taxpayer last acquired the property and ended at the particular time is one year or less, the amount included in business-income tax or non-business-income tax paid by the taxpayer for a particular taxation year on account of all taxes that meet the following conditions, shall, subject to section 772.5.3, not exceed the amount determined by the formula provided for in the second paragraph:

(a)  the taxes are paid by the taxpayer in respect of dividends or interest in respect of the period that are included in computing the taxpayer’s income from the property for any taxation year;

(b)  the taxes are otherwise included in business-income tax or non-business-income tax for any taxation year; and

(c)  the taxes are similar to the tax levied under Part XIII of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

The formula to which the first paragraph refers is the following:

A × (B − C) × D / E.

In the formula provided for in the second paragraph,

(a)  A is a rate of 40%;

(b)  B is the aggregate of

i.  the taxpayer’s proceeds from the disposition of the property at the particular time, and

ii.  the amount of all dividends or interest from the property in respect of the period included in computing the taxpayer’s income for any taxation year;

(c)  C is the aggregate of the cost at which the taxpayer last acquired the property and any outlays or expenses made or incurred by the taxpayer for the purpose of disposing of the property at the particular time;

(d)  D is the amount of the taxes referred to in the first paragraph that would otherwise be included in computing the taxpayer’s business-income tax or non-business-income tax for the particular year; and

(e)  E is the total amount of the taxes referred to in the first paragraph that would otherwise be included in computing the taxpayer’s business-income tax or non-business-income tax for all taxation years.

2001, c. 53, s. 133; 2003, c. 2, s. 231.

772.5.3. Section 772.5.2 does not apply to a property of a taxpayer

(a)  that is a capital property;

(b)  that is a debt obligation issued to the taxpayer that has a term of one year or less and that is held by no one other than the taxpayer at any time;

(c)  that was last acquired by the taxpayer before 24 February 1998; or

(d)  in respect of which any tax described in the first paragraph of section 772.5.2 is, because of section 772.5.1, not included in computing the taxpayer’s business-income tax or non-business-income tax.

2001, c. 53, s. 133.

772.5.4. For the purposes of sections 772.5.1 and 772.5.2 and the definition of “economic profit” in section 772.2,

(a)  sections 83.0.4, 83.0.5, 106.5, 106.6, 281 to 283 and 428 to 451, Chapter I of Title I.1 of Book IV, paragraph f of section 785.5, sections 832.1 and 851.22.15, paragraph b of section 851.22.23 and sections 851.22.23.1, 851.22.23.2 and 999.1 do not apply to deem a disposition or acquisition of property to have been made;

(b)  the following dispositions are deemed not to be dispositions:

i.  a disposition, to which section 301.3 applies, of a capital property in exchange for a new obligation,

ii.  a disposition, to which sections 541 to 543 apply, of shares in exchange for new shares, or

iii.  a disposition, to which sections 551 to 553.1, 554 and 555 apply, of shares in exchange for new shares; and

(c)  the capital property and the new obligation, or the shares and the new shares, as the case may be, to which paragraph b refers, are deemed to be the same property.

2001, c. 53, s. 133; 2004, c. 8, s. 146.

772.5.5. (Repealed).

2001, c. 53, s. 133; 2003, c. 2, s. 232.

772.5.6. For the purposes of this chapter, a taxpayer who is resident in Canada throughout a taxation year and carries on a foreign oil and gas business in a taxing country in the year is deemed to have paid in the year as an income or profits tax to the government of the taxing country an amount equal to the lesser of

(a)  the amount by which 40% of the taxpayer’s income from the business in the taxing country for the year exceeds the total of all amounts that are, but for this section, income or profits taxes paid in the year in respect of the business to the government of the taxing country; and

(b)  the taxpayer’s production tax amount for the business in the taxing country for the year.

2003, c. 2, s. 233.

DIVISION II CREDITS

1995, c. 63, s. 82.

772.6. A taxpayer who is an individual resident in Québec on the last day of a taxation year, or that is a corporation resident in Canada that carries on a business in Québec at any time in a taxation year, may deduct from the tax otherwise payable under this Part for the year

(a)  in the case of an individual, the amount by which the non-business-income tax the individual has paid for the year to the government of a foreign country in respect of income from a source situated in that country, exceeds the aggregate of

i.  the deduction granted to the individual in respect of that income for the year under subsection 1 of section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and

ii.  (subparagraph repealed),

iii.  where the individual is required under section 127.5 of the Income Tax Act to pay tax for the year, an amount in respect of that income is computed under subsection 2 of section 127.54 of that Act, for the purpose of determining the tax, and the amount so computed is equal

(1)  to the amount referred to in paragraph a of that subsection 2, the amount that would be referred to in that paragraph if the reference therein to section 126 of that Act were replaced by a reference to subsection 1 of that section 126;

(2)  to the amount referred to in paragraph b of that subsection 2, such portion of the amount referred to in that paragraph b as may reasonably be regarded as attributable to income referred to in subparagraph i of paragraph b of subsection 1 of section 126 of that Act; and

(b)  in the case of a corporation, the proportion of the amount by which the foreign tax deduction that would be granted to the corporation for the year under subsection 1 of section 126 of the Income Tax Act, if the deduction referred to in subsection 1 of section 124 of that Act were not taken into account and the rate of 30% referred to in A of the formula in subsection 4.2 of that section 126 were replaced by a rate of 40%, exceeds the deduction granted for the year under subsection 1 of section 126 that the corporation’s business for the year carried on in Québec is of its business carried on in Canada, computed in the manner prescribed in the regulations made under section 771, with the necessary modifications.

1995, c. 63, s. 82; 1997, c. 3, s. 71; 2001, c. 53, s. 134; 2003, c. 2, s. 234.

772.6.1. For the purposes of sections 146.1 and 146.2 and this chapter, in respect of an authorized foreign bank, the following rules apply:

(a)  the bank is deemed, for the purposes of sections 772.2, 772.4 and 772.5.1 to 772.7, to be a corporation resident in Canada in respect of its Canadian banking business;

(b)  the reference in the portion of section 146.1 before paragraph a to “foreign country” shall be read as a reference to “country that is neither Canada nor a country in which the taxpayer is resident at any time in the year”;

(c)  the definition of “tax-exempt income” in section 772.2 shall be read as follows:

““tax-exempt income” means income of a taxpayer from a source in a particular country in respect of which

(a)  the taxpayer is, under a comprehensive agreement or convention for the elimination of double taxation on income, which has the force of law in the particular country and to which a country in which the taxpayer is resident is a party, entitled to an exemption from all income or profits taxes, imposed in the particular country, to which the agreement or convention applies; and

(b)  no income or profits tax to which the agreement or convention does not apply is imposed in the particular country;”;

(d)  the references in the portion of the second paragraph of section 772.7 before subparagraph a to “in relation to a foreign country” and “from sources situated in a foreign country” shall be read as references to “in relation to a country that is neither Canada nor a country in which the corporation is resident at any time in the year” and “in respect of its Canadian banking business from sources in that country”, respectively;

(e)  the reference in subparagraphs a and d of the second paragraph of section 772.7 to “in the foreign country” shall be read as a reference to “in that country”; and

(f)  the bank shall include in computing its non-business income tax paid for a taxation year to the government of a foreign country, only taxes that relate to amounts that are included in computing the bank’s taxable income from its Canadian banking business.

2004, c. 8, s. 147.

772.7. The deduction provided for in section 772.6 in respect of an individual for a taxation year shall not exceed the proportion of the individual’s tax otherwise payable under this Part for the year that

(a)  the amount for the year, if the individual is resident in Canada throughout the year, or, where the individual is not resident in Canada at any time in the year, for the part of the year throughout which the individual is resident in Canada, by which the total of the individual’s incomes exceeds the total of the individual’s losses from sources situated in a foreign country, computed

i.  on the assumption that no businesses were carried on by the individual in the foreign country through an establishment situated in that country and no amount was deducted under section 584 in computing the individual’s income for the year,

ii.  without taking into account any portion of income that is deductible under paragraph a of section 725 or any of sections 726.26, 737.14, 737.16, 737.18.10, 737.18.34, 737.25 and 737.28, or deducted under any of sections 726.7 to 726.9 and 726.20.2, by the individual in computing the individual’s taxable income for the year, and

iii.  without taking into account any income or loss from a source situated in the foreign country, if any income of the individual from the source would be tax-exempt income; is of

(b)  the amount by which

i.  either, if the individual is resident in Canada throughout the year, the aggregate of the individual’s income for the year and of all amounts each of which is an amount included in computing the individual’s taxable income for the year under section 726.35 or 737.17, or, if the individual is not resident in Canada at any time in the year, the amount determined for the year in respect of the individual under the third paragraph of section 23, exceeds

ii.   the aggregate of all amounts each of which is an amount deductible under any of sections 725, 725.2 to 725.6, 726.26, 726.28, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10, 737.22.0.13, 737.25 and 737.28, or deducted under any of sections 726.7 to 726.9, 726.20.2, 726.33 and 729, in computing the individual’s taxable income for the year.

The deduction provided for in section 772.6 in respect of a corporation for a taxation year in relation to a foreign country shall not exceed 10% of the proportion that the corporation’s business for the year carried on in Québec is of its business carried on in Canada or in Québec and elsewhere, as determined in the manner prescribed in the regulations made under section 771, of the amount for the year by which the total of the corporation’s incomes exceeds the total of the corporation’s losses, from sources situated in a foreign country, computed

(a)  on the assumption that no businesses were carried on by the corporation in the foreign country through an establishment situated in that country;

(b)  without taking into account any income from shares of the capital stock of a foreign affiliate of the corporation;

(c)  without taking into account any portion of income that is deductible under section 737.14 by the corporation in computing the corporation’s taxable income for the year; and

(d)  without taking into account any income or loss from a source situated in the foreign country, if any income of the corporation from the source would be tax-exempt income.

1995, c. 63, s. 82; 1997, c. 3, s. 71; 1997, c. 14, s. 130; 1997, c. 85, s. 167; 1999, c. 83, s. 108; 1999, c. 86, s. 99; 2000, c. 39, s. 264; 2001, c. 53, s. 135; 2002, c. 40, s. 77; 2003, c. 9, s. 103; 2004, c. 8, s. 148; 2004, c. 21, s. 208; 2006, c. 36, s. 78; 2010, c. 25, s. 81.

772.8. An individual who is resident in Québec on the last day of a taxation year and who, in the year, carries on a business in a foreign country through an establishment situated in that country, may deduct from his tax otherwise payable under this Part for the year an amount that does not exceed the total of

(a)  45% of the business-income tax paid by the individual for the year in respect of businesses the individual carried on in that country; and

(b)  the individual’s unused portions of the foreign tax credit in respect of that country for the ten taxation years preceding the year and the three taxation years following the year.

1995, c. 63, s. 82; 2005, c. 38, s. 180.

772.9. The deduction provided for in section 772.8 in respect of an individual for a taxation year in respect of a country shall not exceed the lesser of

(a)  the proportion of the individual’s tax otherwise payable under this Part for the year that

i.  the amount for the year, if the individual is resident in Canada throughout the year, or, where the individual is not resident in Canada at any time in the year, for the part of the year throughout which the individual is resident in Canada, by which the total of the individual’s incomes exceeds the total of the individual’s losses, from businesses carried on by the individual in that country and attributable to an establishment situated therein, computed without taking into account

(1)  any portion of income that is deductible under paragraph a of section 725 or any of sections 726.26, 737.16, 737.18.10 and 737.18.34 by the individual in computing the individual’s taxable income for the year, and

(2)  any income or loss from a source situated in that country, if any income of the individual from the source would be tax-exempt income, is of

ii.  the amount by which

(1)  either, if the individual is resident in Canada throughout the year, the aggregate of the individual’s income for the year and of all amounts each of which is an amount included in computing the individual’s taxable income for the year under section 726.35 or 737.17, or, if the individual is not resident in Canada at any time in the year, the amount determined for the year in respect of the individual under subparagraph a of the third paragraph of section 23, exceeds

(2)  the aggregate of all amounts each of which is an amount deductible under any of sections 725, 725.2 to 725.6, 726.26, 726.28, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10, 737.22.0.13, 737.25 and 737.28, or deducted under any of sections 726.7 to 726.9, 726.20.2, 726.33 and 729, in computing the individual’s taxable income for the year; and

(b)  the amount by which the individual’s tax otherwise payable under this Part for the year exceeds the aggregate of the amounts deducted from the tax by the individual for the year under section 772.6.

1995, c. 63, s. 82; 1997, c. 14, s. 131; 1997, c. 85, s. 168; 1999, c. 83, s. 109; 1999, c. 86, s. 99; 2000, c. 39, s. 93; 2001, c. 53, s. 136; 2002, c. 40, s. 78; 2003, c. 9, s. 104; 2004, c. 8, s. 149; 2004, c. 21, s. 209; 2006, c. 36, s. 79; 2010, c. 25, s. 82.

772.9.1. For the purposes of subparagraph a of the first paragraph of section 772.7, the second paragraph of that section and subparagraph i of paragraph a of section 772.9, the incomes and losses for a taxation year of a taxpayer from sources in a foreign country shall also be computed as if, where applicable, the aggregate of all amounts each of which is that portion of an amount deducted in computing those incomes or losses for the year under any of sections 371, 418.1.10, 418.17 and 418.17.3 that is attributable to those sources were the greater of

(a)  the aggregate of all amounts each of which is that portion of an amount deducted in computing the taxpayer’s income for the year under any of sections 371, 418.1.10, 418.17 and 418.17.3 that is attributable to those sources; and

(b)  the aggregate of

i.  the portion of the maximum amount that would be deductible by the taxpayer in computing the taxpayer’s income for the year under section 371 that is attributable to those sources if the amount determined under paragraph b of section 374 for the taxpayer in respect of the year were equal to the amount by which the amount determined under the second paragraph exceeds the aggregate of all amounts each of which is the portion of an amount, other than a portion that results in a reduction of the amount otherwise determined under subparagraph a of the second paragraph, that is attributable to those sources and that would be deducted under section 418.17 in computing the taxpayer’s income for the year if the maximum amounts deductible for the year under section 418.17 were deducted,

ii.  the maximum amount that would be deductible by the taxpayer in computing the taxpayer’s income for the year under section 418.1.10 in relation to those sources if

(1)  the amount deducted in computing the taxpayer’s income for the year under section 371 in relation to those sources were the amount determined under subparagraph i,

(2)  the amounts deducted in computing the taxpayer’s income for the year under sections 418.17 and 418.17.3 in relation to those sources were the maximum amounts deductible under those sections,

(3)  for the purposes of sections 418.1.3 to 418.1.5, the total of the amounts designated for the year under subparagraph ii of paragraph a of section 330 in respect of a disposition in the year by the taxpayer of foreign resource properties in relation to the foreign country were the maximum total that could be so designated without any reduction in the maximum amount that would be determined for the year under subparagraph i in respect of the taxpayer and the foreign country if subparagraph b of the second paragraph were read without reference to the assumption made therein in relation to designations made under subparagraph ii of paragraph a of section 330, and

(4)  the amount determined under paragraph b of section 418.1.10 were nil; and

iii.  the aggregate of all amounts each of which is the maximum amount attributable to one of those sources that the taxpayer may deduct in computing the taxpayer’s income for the year under section 418.17 or 418.17.3.

The amount that, for the purposes of subparagraph i of subparagraph b of the first paragraph, must be determined under this paragraph is the aggregate of

(a)  the taxpayer’s foreign resource income, within the meaning assigned by section 418.1.7, for the year in relation to the foreign country, determined as if the taxpayer had deducted the maximum amounts deductible for the year under sections 418.17 and 418.17.3; and

(b)  the aggregate of all amounts each of which is an amount that, but for any designation under subparagraph ii of paragraph a of section 330, would have been included in computing the taxpayer’s income for the year under that paragraph a in respect of a disposition of foreign resource property in relation to the foreign country.

2004, c. 8, s. 150.

772.9.1.1. If an amount is deemed under section 603.1 to be a taxable dividend received by a person in a taxation year of the person in respect of a partnership, and it may reasonably be considered that all or part of the amount (in this section referred to as the “foreign-source portion”) is attributable to income of the partnership from a source in a foreign country, the person is deemed for the purposes of this chapter to have income from that source for the year equal to the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the amount included under section 497 in computing the person’s income for the year in respect of the taxable dividend;

(b)  B is the foreign-source portion; and

(c)  C is the amount of the taxable dividend deemed to be received by the person.

2009, c. 5, s. 324.

772.9.2. If at any particular time in a taxation year an individual who is not resident in Canada disposes of a property that the individual last acquired because of the application of subparagraph c of the first paragraph of section 785.2 at any time, in this section referred to as the “acquisition time”, after 1 October 1996, the individual may deduct from the individual’s tax otherwise payable under this Part for the year, in this section referred to as the “emigration year”, that includes the time immediately before the acquisition time, an amount not exceeding the lesser of

(a)  the amount by which the aggregate of all amounts each of which is the amount of any business-income tax or non-business-income tax paid by the individual for the taxation year to the government described in the second paragraph, that can reasonably be regarded as having been paid in respect of the portion of any gain or profit from the disposition of the property that accrued while the individual was resident in Canada and before the time the individual last ceased to be resident in Canada, exceeds the deduction relating to the portion of the gain or profit that is granted to the individual for the emigration year under subsection 2.21 of section 126 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)); and

(b)  the amount by which the amount of tax under this Part that was, after taking into account the application of this section to dispositions that occurred before the disposition time, otherwise payable by the individual for the emigration year, exceeds the amount of such tax that would otherwise have been payable if the property had not been deemed under section 785.2 to have been disposed of in the emigration year.

The government to which subparagraph a of the first paragraph refers is,

(a)  if the property is immovable property situated in a country other than Canada,

i.  the government of that country, or

ii.  the government of a country in which the individual is resident at the particular time referred to in the first paragraph and with which the Gouvernement du Québec or the Government of Canada has a tax agreement at that time; or

(b)  if the property is not immovable property, the government of a country in which the individual is resident at the particular time referred to in the first paragraph and with which the Gouvernement du Québec or the Government of Canada has a tax agreement at that time.

2005, c. 23, s. 109; 2006, c. 13, s. 63; 2009, c. 5, s. 325.

772.9.3. If at any particular time in a taxation year an individual who is not resident in Canada disposes of a property that the individual last acquired at any time, in this section referred to as the “acquisition time”, on a distribution by a trust after 1 October 1996 to which subparagraphs a to c of the first paragraph of section 688 do not apply only because of the application of section 692, the trust may deduct from its tax otherwise payable under this Part for the year, in this section referred to as the “distribution year”, that includes the acquisition time, an amount not exceeding the lesser of

(a)  the amount by which the aggregate of all amounts each of which is the amount of any business-income tax or non-business-income tax paid by the individual for the taxation year to the government described in the second paragraph, that can reasonably be regarded as having been paid in respect of the portion of any gain or profit from the disposition of the property that accrued before the distribution and after the latest of the following times before the distribution, exceeds the deduction relating to the portion of the gain or profit that is granted to the trust for the distribution year under subsection 2.22 of section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement):

i.  the time at which the trust became resident in Canada,

ii.  the time at which the individual became a beneficiary under the trust, or

iii.  the time at which the trust acquired the property; and

(b)  the amount by which the amount of tax under this Part that was, after taking into account the application of this section to dispositions that occurred before the particular time, otherwise payable by the trust for the distribution year, exceeds the amount of such tax that would otherwise have been payable by the trust if the property had not been distributed to the individual.

The government to which subparagraph a of the first paragraph refers is,

(a)  if the property is immovable property situated in a country other than Canada,

i.  the government of that country, or

ii.  the government of a country in which the individual is resident at the particular time described in the first paragraph and with which the Gouvernement du Québec or the Government of Canada has a tax agreement at that time; or

(b)  if the property is not immovable property, the government of a country in which the individual is resident at the particular time described in the first paragraph and with which the Gouvernement du Québec or the Government of Canada has a tax agreement at that time.

2005, c. 23, s. 109; 2006, c. 13, s. 64.

772.9.4. For the purposes of sections 772.9.2 and 772.9.3, in computing the total amount of taxes paid by an individual for a taxation year to one or more governments of countries other than Canada in relation to the disposition of a property by the individual in the year, there shall be deducted any tax credit, or other reduction in the amount of a tax, to which the individual was entitled for the year, under the law of any of those countries or under a tax agreement, within the meaning assigned by section 1 or that would be assigned by that section if the Gouvernement du Québec had not made an agreement referred to in that definition of “tax agreement”, entered into with any of those countries, because of taxes paid or payable by the individual under this Act or the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the disposition or a previous disposition of the property.

2005, c. 23, s. 109; 2006, c. 13, s. 65.

772.10. For the purposes of this chapter,

(a)  the amount deducted by an individual under section 772.8 for a taxation year in respect of a country is deemed to be deducted in respect of the amount determined in paragraph a of that section in respect of that country, up to the latter amount, and any balance of the amount so deducted is deemed to be deducted in respect of the individual’s unused portions of the foreign tax credit in respect of that country that are deductible for the year;

(b)  no amount is deductible under section 772.8 in computing an individual’s tax payable under this Part for a particular taxation year in respect of the individual’s unused portion of the foreign tax credit for a determined taxation year in respect of a country, until the individual’s unused portions of the foreign tax credit for taxation years previous to the determined year in respect of that country that are deductible for the particular year have been deducted; and

(c)  an individual’s unused portion of the foreign tax credit in respect of a country for a taxation year is deductible under section 772.8 in computing the individual’s tax payable under this Part for a particular taxation year only to the extent that it exceeds the aggregate of the amounts deducted in respect of that unused portion of the foreign tax credit in computing the individual’s tax payable under this Part for taxation years preceding the particular year, or under Part I.1 for taxation years preceding the particular year that are before the taxation year 1998.

1995, c. 63, s. 82; 1997, c. 85, s. 169.

772.11. An individual who is an employee of an international organization within the meaning of section 2 of the Foreign Missions and International Organizations Act (Statutes of Canada, 1991, chapter 41) may, if the individual is resident in Québec on the last day of a taxation year, deduct from the individual’s tax otherwise payable under this Part for the year the amount by which the aggregate of all amounts each of which is an amount paid by the individual to the organization as a levy to defray expenses of the organization, computed by reference to the remuneration received by the individual in the year from the organization in a manner similar to the manner in which income tax is computed, exceeds the aggregate of

(a)  the deduction granted to the individual in respect of the levies for the year under subsection 3 of section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(b)  (subparagraph repealed);

(c)  where the individual is required under section 127.5 of the Income Tax Act to pay tax for the year, an amount in respect of the levies is computed under subsection 2 of section 127.54 of that Act, for the purpose of determining the tax, and the amount so computed is equal

i.  to the amount referred to in paragraph a of that subsection 2, the amount that would be referred to in that paragraph if the reference therein to section 126 of that Act were replaced by a reference to subsection 3 of that section 126, or

ii.  to the amount referred to in paragraph b of that subsection 2, such portion of the amount referred to in that paragraph as may reasonably be regarded as attributable to income referred to in paragraph a of subsection 3 of section 126 of that Act.

However, the deduction provided for in the first paragraph in respect of an individual for a taxation year in respect of employment with an international organization shall not exceed the lesser of

(a)  the proportion of the individual’s tax otherwise payable under this Part for the year that

i.  the individual’s income for the year or, if the individual’s taxable income is computed in the manner prescribed in section 23, for the part of the year throughout which the individual was resident in Canada, from employment with that organization, except the portion of that income that is deductible under section 725 in computing the individual’s taxable income for the year, is of

ii.  the amount by which

(1)  either, if the individual is resident in Canada throughout the year, the aggregate of the individual’s income for the year and of all amounts each of which is an amount included in computing the individual’s taxable income for the year under section 726.35 or 737.17, or, if the individual is not resident in Canada at any time in the year, the amount determined for the year in respect of the individual under the third paragraph of section 23, exceeds

(2)  the aggregate of all amounts each of which is an amount deductible under any of sections 725, 725.2 to 725.6, 726.26, 726.28, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10, 737.25 and 737.28, or deducted under any of sections 726.7 to 726.9, 726.20.2, 726.33 and 729, in computing the individual’s taxable income for the year; and

(b)  the proportion of the aggregate of the levies referred to in the first paragraph paid by the individual to the organization in respect of the year that

i.  the individual’s income for the year from employment with the international organization, except the portion of that income that is deductible under section 725 in computing the individual’s taxable income for the year, is of

ii.  the amount that would be the individual’s income for the year from employment with that organization but for section 488.

1995, c. 63, s. 82; 1997, c. 14, s. 132; 1997, c. 85, s. 170; 1999, c. 83, s. 110; 1999, c. 86, s. 99; 2000, c. 39, s. 264; 2002, c. 40, s. 79; 2003, c. 2, s. 235; 2003, c. 9, s. 105; 2004, c. 8, s. 151; 2004, c. 21, s. 210; 2006, c. 36, s. 80; 2010, c. 25, s. 83.

772.12. A corporation that is resident in Canada and that carries on a business in Québec at any time in a taxation year may deduct from its tax otherwise payable for the year an amount that does not exceed the lesser of

(a)  the total of the corporation’s unused portions of the foreign tax credit for the 20 taxation years preceding the year and the three taxation years following the year; and

(b)  the amount by which the corporation’s tax otherwise payable under this Part for the year exceeds the aggregate of all amounts deducted under section 772.6 in computing the corporation’s tax payable under this Part for the year and the amount deducted by the corporation under section 776.1.5.4 in that computation for the year.

1995, c. 63, s. 82; 1997, c. 3, s. 71; 2005, c. 38, s. 181; 2010, c. 25, s. 84.

772.13. For the purposes of section 772.12,

(a)  no amount is deductible under that section in computing a corporation’s tax payable under this Part for a particular taxation year in respect of the corporation’s unused portion of the foreign tax credit for a determined taxation year, until the corporation’s unused portions of the foreign tax credit for taxation years previous to the determined year that are deductible for the particular year have been deducted;

(b)  a corporation’s unused portion of the foreign tax credit for a taxation year is deductible under that section in computing the corporation’s tax payable under this Part for a particular taxation year only to the extent that it exceeds the aggregate of the amounts deducted in respect of the unused portion of the foreign tax credit in computing the corporation’s tax payable under this Part for the taxation years previous to the particular year;

(c)  notwithstanding the first paragraph of section 549, a new corporation’s unused portion of the foreign tax credit resulting from an amalgamation, within the meaning of section 544, for a taxation year ending after the amalgamation is not deductible, under section 772.12 in computing the tax payable under this Part for a taxation year by a predecessor corporation by virtue of that amalgamation, other than a corporation that, where the new corporation is a corporation having resulted from the amalgamation, after 31 December 1989, of a particular corporation and one or more of its subsidiary wholly-owned corporations, within the meaning of subsection 5 of section 544, is the particular corporation;

(d)  in the case of a winding-up referred to in section 556, the unused portion of the foreign tax credit of the subsidiary, within the meaning of that section, for a particular taxation year, to the extent that it has not previously been deducted in computing the subsidiary’s tax payable under this Part for a taxation year and if subparagraph i of subparagraph f has never been applied in respect of the subsidiary, is deemed, for the computation of the deduction provided for in section 772.12 for the taxation year of the parent, within the meaning of section 556, commencing after the beginning of the winding-up, to be an unused portion of the parent’s foreign tax credit for its taxation year in which the particular taxation year ended, and section 564.5 applies, with the necessary modifications, for the purposes of this subparagraph;

(e)  section 564.4.4 applies, with the necessary modifications, in the case provided for in subparagraph d;

(f)  where, at any time, the control of a corporation is acquired by a person or group of persons,

i.  no amount in respect of the corporation’s unused portion of the foreign tax credit for a taxation year ending before that time is deductible in computing the corporation’s tax payable under this Part for a taxation year ending after that time, and

ii.  no amount in respect of the corporation’s unused portion of the foreign tax credit for a taxation year ending after that time is deductible in computing the corporation’s tax payable under this Part for a taxation year ending before that time.

1995, c. 63, s. 82; 1997, c. 3, s. 71; 2000, c. 5, s. 172.

CHAPTER I.1 TAX CREDIT RELATING TO A DESIGNATED TRUST

2004, c. 21, s. 211.

772.14. In this chapter, “designated beneficiary” and “designated trust” have the meaning assigned by section 671.5.

2004, c. 21, s. 211.

772.15. A taxpayer who is a designated beneficiary under a designated trust for a taxation year of the designated trust may deduct from the taxpayer’s tax otherwise payable under this Part for a particular taxation year, the income tax paid by the designated trust for the year to the government of a province, other than Québec, that relates to an amount that the designated trust has designated in respect of the taxpayer or a partnership of which the taxpayer is a member in its fiscal return filed for the year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 or 13.2 of section 104 of that Act, and that the taxpayer has included in computing the taxpayer’s income for the particular year under section 662 or 663.

The income tax paid by the designated trust for the year to the government of a province, other than Québec, that relates to a designated amount referred to in the first paragraph shall not exceed the tax that would have been otherwise payable by the designated trust in respect of that amount under this Part, if the designated trust had been resident in Québec on the last day of the year.

2004, c. 21, s. 211.

772.16. A taxpayer may deduct an amount for a particular taxation year, under section 772.15, in relation to an amount designated by a designated trust in its fiscal return filed for a taxation year under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in accordance with subsection 13.1 or 13.2 of section 104 of that Act, only if the taxpayer encloses with the fiscal return the taxpayer is required to file for the particular year under section 1000, any document establishing the income tax paid by the designated trust to the government of a province, other than Québec, that relates to the designated amount.

2004, c. 21, s. 211.

CHAPTER II CREDIT FOR POLITICAL CONTRIBUTIONS

1995, c. 63, s. 82; 2002, c. 9, s. 23; 2002, c. 40, s. 80.

773. (Repealed).

1976, c. 33, s. 49; 1986, c. 15, s. 121; 1988, c. 4, s. 66; 1989, c. 5, s. 123.

774. (Repealed).

1976, c. 33, s. 49; 1986, c. 15, s. 121; 1988, c. 4, s. 66; 1989, c. 5, s. 123.

775. (Repealed).

1976, c. 33, s. 49; 1989, c. 5, s. 123.

775.1. (Repealed).

1986, c. 15, s. 122; 1989, c. 5, s. 124; 1997, c. 3, s. 71; 1999, c. 83, s. 111.

776. An individual who is an elector may deduct from the tax otherwise payable by the individual for a taxation year under this Part an amount equal to the amount obtained by multiplying 75% by the aggregate of

(a)  the aggregate of all amounts, not exceeding $140, each of which is a contribution of money made by the individual in the taxation year to the official representative of a party or independent candidate authorized to receive such a contribution under the Act respecting elections and referendums in municipalities (chapter E-2.2); and

(b)  the aggregate of all amounts, not exceeding $400, each of which is a contribution of money made by the individual in the taxation year to the official representative of a political party, party authority, independent Member or independent candidate authorized to receive such a contribution under the Election Act (chapter E-3.3).

For the purposes of this section, a contribution of money does not include a contribution, or a part thereof, made by an individual and in respect of which the individual has obtained, or is entitled to obtain, a refund or any other form of assistance.

In this section, the expression “elector” has the meaning assigned to it by the Act respecting elections and referendums in municipalities or the Election Act, as the case may be.

1977, c. 11, s. 135; 1982, c. 31, s. 118; 1983, c. 44, s. 29; 1984, c. 51, s. 552; 1988, c. 4, s. 67; 1989, c. 1, s. 603; 1989, c. 5, s. 125; 1995, c. 63, s. 83; 2001, c. 53, s. 137; 2002, c. 40, s. 81; 2005, c. 1, s. 183.

776.1. (Repealed).

1980, c. 13, s. 69; 1981, c. 12, s. 10; 1982, c. 4, s. 4; 1984, c. 15, s. 180; 1985, c. 25, s. 132; 1986, c. 15, s. 123; 1988, c. 4, s. 68; 1989, c. 5, s. 126.

CHAPTER III CREDIT IN RESPECT OF A LABOUR-SPONSORED FUND

2001, c. 53, s. 138.

DIVISION I CREDIT

2001, c. 53, s. 138.

776.1.0.1. (Repealed).

1995, c. 49, s. 175; 1995, c. 63, s. 84; 2001, c. 53, s. 139; 2005, c. 38, s. 182.

776.1.0.2. For the purposes of this chapter, an amount paid for the purchase of a share referred to in paragraph a or b of section 776.1.1 consists solely of the issue price paid in respect of that share.

2004, c. 21, s. 212.

776.1.1. An individual who is not a dealer acting as an intermediary or as firm underwriter may deduct from his tax otherwise payable for a taxation year under this Part, 15% of the amount he pays in the year or within the following 60 days, to such extent as he did not deduct it for a preceding taxation year, for the purchase, as first purchaser, of

(a)  a class “A” share issued by the corporation governed by the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1); or

(b)  a class “A” or class “B” share issued by the corporation governed by the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2).

1983, c. 44, s. 30; 1987, c. 67, s. 153; 1988, c. 4, s. 69; 1989, c. 5, s. 127; 1995, c. 49, s. 176; 1995, c. 63, s. 85; 1997, c. 3, s. 71; 1997, c. 14, s. 133; 2001, c. 53, s. 140; 2005, c. 38, s. 183.

776.1.1.1. If an amount is paid for the purchase, in a period specified in the second paragraph, of a share referred to in paragraph b of section 776.1.1, that section is to be read in respect of that share as if the percentage of 15% in that section were replaced by a percentage of 25%.

The period to which the first paragraph refers begins on 1 June 2009 and ends on the last day of the taxation year of the corporation governed by the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2) in which the paid-up capital in respect of the shares of its capital stock first reaches 1.25 billion dollars.

2010, c. 5, s. 75.

776.1.2. An individual may deduct from his tax otherwise payable for a taxation year under this Part, an amount not exceeding the amount, if any, by which the balance of the amount he has not deducted under section 776.1.1 in respect of a share described therein, for the year or a preceding taxation year, exceeds any amount deducted under this section, in respect of the share, for a preceding taxation year.

1983, c. 44, s. 30; 1988, c. 4, s. 70; 1989, c. 5, s. 127; 2001, c. 53, s. 141.

776.1.3. The amount deductible by an individual for a taxation year under sections 776.1.1 and 776.1.2 must not exceed

(a)  if the amount solely relates to shares (in this section referred to as “particular shares”) referred to in paragraph b of section 776.1.1 and purchased in the period specified in the second paragraph of section 776.1.1.1, $1,250;

(b)  if the amount relates only to shares other than particular shares, $750; and

(c)  if the amount relates to any combination of particular shares and of shares other than particular shares, the total of

i.  the amount determined by the formula

15% × ($5,000 - A), and

ii.  the amount determined by the formula

25% × ($5,000 - B).

In the formulas in subparagraph c of the first paragraph,

(a)  A is 400% of the aggregate of all amounts each of which is the amount deducted by the individual for the year under section 776.1.1 or 776.1.2 in respect of a particular share; and

(b)  B is 100/15 of the aggregate of all amounts each of which is the amount deducted by the individual for the year under section 776.1.1 or 776.1.2 in respect of a share other than a particular share.

The total of the amounts determined in accordance with subparagraphs a and b of the second paragraph in respect of an individual for a taxation year must not exceed $5,000.

1983, c. 44, s. 30; 1987, c. 67, s. 154; 1993, c. 19, s. 64; 1997, c. 14, s. 134; 2001, c. 53, s. 142; 2010, c. 5, s. 76.

776.1.4. In no case may an individual deduct, for a taxation year, an amount under section 776.1.1 or 776.1.2 in respect of an amount paid by the individual for the purchase of a share referred to in section 776.1.1 if

(a)  the individual reached 55 years of age before the end of the year and availed himself of his right to retirement or early retirement;

(a.1)  where the purchased share is held by a trust governed by a registered retirement savings plan or registered retirement income fund under which the annuitant is the individual’s spouse, the spouse reached 55 years of age before the end of the year and availed himself of his right to retirement or early retirement;

(b)  the individual reached 65 years of age before the end of the year or would have reached that age before that time had the individual not died in the year;

(b.1)  where the purchased share is held by a trust governed by a registered retirement savings plan or registered retirement income fund under which the annuitant is the individual’s spouse, the spouse reached 65 years of age before the end of the year or would have reached that age before that time had the spouse not died in the year;

(c)  during the year or within the following 120 days, a person requested redemption of the share in accordance with paragraph 4 of section 10 of the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1); or

(d)  during the year or within the following 120 days, a person requested redemption of the share, or a class “A” share received in exchange for the share, in accordance with paragraph 4 of section 11 of the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2).

For the purposes of subparagraphs a and a.1 of the first paragraph, an individual is deemed not to have availed himself of his right to retirement or early retirement at the end of a taxation year if

(a)  the aggregate of the individual’s pensionable salary and wages for the year, determined in accordance with section 45 of the Act respecting the Québec Pension Plan (chapter R-9) and as if that section were read without reference to subparagraph b of the second paragraph thereof, and the individual’s income for the year from a business exceeds the amount of Basic Exemption determined for the year in accordance with section 42 of that Act; and

(b)  the individual did not, before the end of the year, reach 65 years of age or obtain the redemption of a share under section 10 of the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) or section 11 of the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi.

1983, c. 44, s. 30; 1995, c. 63, s. 86; 1997, c. 14, s. 135; 1997, c. 85, s. 171; 2005, c. 1, s. 184; 2005, c. 38, s. 184.

776.1.4.1. In no case may an individual deduct an amount under section 776.1.1 or 776.1.2 in respect of a share purchased after the individual, or the spouse where the purchased share is held by a trust governed by a registered retirement savings plan or registered retirement income fund under which the annuitant is the individual’s spouse, makes a request for redemption in accordance with paragraph 5 of section 10 of the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1) or paragraph 5 of section 11 of the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2).

1989, c. 5, s. 128; 1995, c. 63, s. 86; 1997, c. 14, s. 136; 2005, c. 38, s. 185.

776.1.4.2. In no case may an individual deduct an amount under section 776.1.1 or 776.1.2 in respect of an amount paid by the individual for the acquisition of a replacement share within the meaning assigned by sections 776.1.5.0.1 and 776.1.5.0.6, under the rules provided for that purpose in Division II or III, as the case may be.

2001, c. 53, s. 143; 2003, c. 2, s. 236; 2005, c. 38, s. 186.

776.1.4.3. Where the Minister so directs, an individual who, in a taxation year, pays an amount, other than an amount paid in the first 60 days of the year, for the purchase as first purchaser of a share described in paragraph a or b of section 776.1.1, is deemed, for the purposes of this division, to have paid that amount at the beginning of the year and not at the time it was actually paid.

2003, c. 2, s. 237; 2005, c. 38, s. 187.

776.1.5. An individual who avails himself of section 776.1.1 or 776.1.2 for a taxation year, in respect of a share referred to in section 776.1.1, shall file the fiscal return provided for in section 1000 for the year and attach to the return a copy of the prescribed form he received in respect of the share from a corporation governed by an Act establishing a labour-sponsored fund.

However, an individual is not required to attach a copy of the prescribed form referred to in the first paragraph for a share in respect of which he avails himself of section 776.1.2 for a taxation year, if he availed himself of section 776.1.1 in respect of that share for a previous taxation year.

1983, c. 44, s. 30; 1995, c. 63. s. 86; 1997, c. 3, s. 71.

DIVISION II REDEMPTION OF SHARES OF A LABOUR-SPONSORED FUND IN ORDER TO PARTICIPATE IN THE HOME BUYERS’ PLAN

2001, c. 53, s. 144.

§ 1 . — Definitions and application

2001, c. 53, s. 144.

776.1.5.0.1. In this division,

“completion date”, in respect of an eligible amount of an individual, means 1 October of the calendar year following the calendar year in which the eligible amount was received by the individual;

“eligible amount” of an individual means an amount received by the individual, at a particular time, on the redemption, in the circumstances described in the second paragraph, by a corporation referred to in section 776.1.1 of an original share;

“original share” means a class “A” share described in section 776.1.1 issued to an individual by a corporation referred to in that section and held by a trust governed by a registered retirement savings plan under which the annuitant is the individual or the individual’s spouse;

“participation period” of an individual means each period that begins at the beginning of the calendar year in which an eligible amount of the individual is received and that ends immediately before the beginning of the first subsequent calendar year at the beginning of which the individual’s specified balance is nil;

“replacement share” means a class “A” share described in section 776.1.1 issued to an individual by a corporation referred to in that section in replacement of an original share that was redeemed in the circumstances described in the second paragraph;

“specified balance” of an individual at any time means an amount equal to the amount by which the aggregate of all the individual’s eligible amounts received by the individual at or before that time exceeds the aggregate of all amounts paid by the individual under sections 776.1.5.0.2 and 776.1.5.0.3 on the acquisition of replacement shares in the taxation years that ended before that time.

This division applies if the annuitant under a registered retirement savings plan makes a request for redemption of original shares, at a particular time, pursuant to a purchase by agreement policy provided for in the second paragraph of section 8 of the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1) or the second paragraph of section 9 of the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2) in order to participate in the Home Buyers’ Plan, the provisions of which are provided for in Title IV.1 of Book VII.

2001, c. 53, s. 144; 2003, c. 2, s. 238; 2005, c. 38, s. 188.

§ 2 . — Replacement shares

2001, c. 53, s. 144.

776.1.5.0.2. Where at a particular time a corporation referred to in section 776.1.1 redeems original shares in the circumstances described in the second paragraph of section 776.1.5.0.1, the individual shall, in a particular taxation year or within 60 days after the end of that year that is included in a particular participation period of the individual, acquire replacement shares for an amount determined by the formula

[(A − B)/(15 − C)].

In the formula provided for in the first paragraph,

(a)  A is

i.  an amount equal to zero where

(1)  the individual died or ceased to be resident in Canada in the particular taxation year, or

(2)  the completion date in respect of an eligible amount of the individual is in the particular taxation year, and

ii.  in any other case, the aggregate of all eligible amounts of the individual received by the individual in taxation years preceding the particular taxation year and that are included in the particular participation period of the individual;

(b)  B is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in taxation years preceding the particular taxation year or within the first 60 days after the end of those years that are included in the particular participation period of the individual; and

(c)  C is the lesser of 14 and the number of taxation years of the individual that end in the period that begins on 1 January of the first calendar year beginning after the completion date in respect of an eligible amount of the individual and that ends at the beginning of the particular taxation year.

Where the Minister so directs, an individual who, in a taxation year, pays an amount, other than an amount paid in the first 60 days of the year, for the acquisition of replacement shares, is deemed to have paid that amount at the beginning of the year and not at the time it was actually paid.

2001, c. 53, s. 144; 2003, c. 2, s. 239; 2005, c. 38, s. 189.

776.1.5.0.3. Where at a particular time in a taxation year an individual ceases to be resident in Canada, the individual shall acquire replacement shares, for the period in the year during which the individual was resident in Canada, for an amount equal to the amount by which the aggregate of all amounts each of which is an amount paid by the individual under section 776.1.5.0.2 on the acquisition of replacement shares not later than 60 days after the particular time and before the individual files a fiscal return for the year exceeds the aggregate of all amounts each of which is an eligible amount of the individual received by the individual in the year or a preceding taxation year.

2001, c. 53, s. 144; 2003, c. 2, s. 240; 2005, c. 38, s. 190.

776.1.5.0.4. Where an individual dies at a particular time in a taxation year, replacement shares shall be acquired, in the year or within 60 days after the end of the year, for an amount equal to the amount by which the aggregate of all amounts paid by the individual under section 776.1.5.0.2 on the acquisition of replacement shares before that time exceeds the aggregate of all amounts each of which is an eligible amount of the individual received by the individual in the year or a preceding taxation year.

2001, c. 53, s. 144; 2003, c. 2, s. 240; 2005, c. 38, s. 191.

776.1.5.0.5. Where an individual’s spouse was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse and the individual’s legal representative jointly so elect in writing in the individual’s fiscal return filed under this Part for the year, the following rules apply:

(a)  section 776.1.5.0.4 does not apply in respect of the individual;

(b)  a particular eligible amount equal to the amount that would, but for this section, be determined under section 776.1.5.0.4 in respect of the individual is deemed to have been received by the spouse, at the particular time;

(c)  for the purposes of section 776.1.5.0.2 and paragraph d, the completion date in respect of the particular eligible amount referred to in paragraph b is deemed to be

i.  if an eligible amount was received by the spouse before the death, other than an eligible amount received in the spouse’s participation period that ended before the beginning of the year, the completion date in respect of that eligible amount, and

ii.  in any other case, the completion date in respect of the last eligible amount of the individual; and

(d)  for the purposes of section 776.1.5.0.2, the completion date in respect of each eligible amount of the spouse, after the death and before the end of the spouse’s participation period that includes the time of the death, is deemed to be the completion date in respect of the particular eligible amount referred to in paragraph b.

2001, c. 53, s. 144.

DIVISION III REDEMPTION OF SHARES OF A LABOUR-SPONSORED FUND IN ORDER TO PARTICIPATE IN THE LIFELONG LEARNING INCENTIVE PLAN

2001, c. 53, s. 144.

§ 1 . — Definitions and application

2001, c. 53, s. 144.

776.1.5.0.6. In this division,

“eligible amount” of an individual means an amount received by the individual, at a particular time, on the redemption, in the circumstances described in the second paragraph, by a corporation referred to in section 776.1.1 of an original share;

“original share” means a class “A” share described in section 776.1.1 issued to an individual by a corporation referred to in that section and held by a trust governed by a registered retirement savings plan under which the annuitant is the individual or the individual’s spouse;

“participation period” of an individual means each period that begins at the beginning of the calendar year in which an eligible amount of the individual is received and at the beginning of which the individual’s specified balance is nil and that ends immediately before the beginning of the first subsequent calendar year at the beginning of which the individual’s specified balance is nil;

“repayment period” has the meaning assigned by the first paragraph of section 935.12;

“replacement share” means a class “A” share described in section 776.1.1 issued to an individual by a corporation referred to in that section in replacement of an original share that was redeemed in the circumstances described in the second paragraph;

“specified balance” of an individual at any time means an amount equal to the amount by which the aggregate of all the individual’s eligible amounts received by the individual at or before that time exceeds the aggregate of all amounts paid by the individual under sections 776.1.5.0.7 and 776.1.5.0.8 on the acquisition of replacement shares in the taxation years that ended before that time.

This division applies if the annuitant under a registered retirement savings plan makes a request for redemption of original shares, at a particular time, pursuant to a purchase by agreement policy provided for in the second paragraph of section 8 of the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1) or the second paragraph of section 9 of the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2) in order to participate in the Lifelong Learning Incentive Plan, the provisions of which are provided for in Title IV.2 of Book VII.

2001, c. 53, s. 144; 2003, c. 2, s. 241; 2005, c. 38, s. 192.

§ 2 . — Replacement shares

2001, c. 53, s. 144.

776.1.5.0.7. Where at a particular time a corporation referred to in section 776.1.1 redeems original shares in the circumstances described in the second paragraph of section 776.1.5.0.6, the individual shall, in a particular taxation year or within 60 days after the end of that year that begins after 31 December 2000, acquire replacement shares for an amount determined by the formula

[(A − B)/(10 − C)].

In the formula provided for in the first paragraph,

(a)  A is

i.  an amount equal to zero where

(1)  the individual died or ceased to be resident in Canada in the particular taxation year, or

(2)  the beginning of the particular taxation year is not included in a repayment period of the individual, and

ii.  in any other case, the aggregate of all eligible amounts of the individual received by the individual in taxation years preceding the particular taxation year, other than taxation years included in participation periods of the individual that ended before the particular taxation year;

(b)  B is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in taxation years preceding the particular taxation year or within the first 60 days after the end of those years, other than taxation years included in participation periods of the individual that ended before the particular year; and

(c)  C is the lesser of nine and the number of taxation years of the individual that end in the period that begins at the beginning of the last repayment period of the individual that began at or before the beginning of the particular year and that ends at the beginning of the particular year.

Where the Minister so directs, an individual who, in a taxation year, pays an amount, other than an amount paid in the first 60 days of the year, for the acquisition of replacement shares, is deemed to have paid that amount at the beginning of the year and not at the time it was actually paid.

2001, c. 53, s. 144; 2003, c. 2, s. 242; 2005, c. 38, s. 193.

776.1.5.0.8. Where at any time in a taxation year an individual ceases to be resident in Canada, the individual shall acquire replacement shares, for the period in the year during which the individual was resident in Canada, for an amount equal to the amount by which the aggregate of all amounts each of which is an amount paid by the individual under section 776.1.5.0.7 on the acquisition of replacement shares not later than 60 days after that time and before the individual files a fiscal return for the year exceeds the aggregate of all amounts each of which is an eligible amount of the individual received by the individual in the year or a preceding taxation year.

2001, c. 53, s. 144; 2003, c. 2, s. 243; 2005, c. 38, s. 194.

776.1.5.0.9. Where an individual dies at any time in a taxation year, replacement shares shall be acquired, in the year or within 60 days after the end of the year, for an amount equal to the amount by which the aggregate of all amounts paid by the individual under section 776.1.5.0.7 on the acquisition of replacement shares before that time exceeds the aggregate of all amounts each of which is an eligible amount of the individual received by the individual in the year or a preceding taxation year.

2001, c. 53, s. 144; 2003, c. 2, s. 243; 2005, c. 38, s. 195.

776.1.5.0.10. Where an individual’s spouse was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse and the individual’s legal representative jointly so elect in writing in the individual’s fiscal return filed under this Part for the year, the following rules apply:

(a)  section 776.1.5.0.9 does not apply in respect of the individual;

(b)  a particular eligible amount equal to the amount that would, but for this section, be determined under section 776.1.5.0.9 in respect of the individual is deemed to have been received by the spouse, at the particular time;

(c)  subject to paragraph d, for the purposes of this division after the particular time, the individual’s repayment period in respect of the particular amount is deemed to be the spouse’s repayment period; and

(d)  paragraph c does not apply if an eligible amount was received by the spouse before the particular time in the spouse’s participation period that includes the particular time.

2001, c. 53, s. 144.

CHAPTER IV CREDIT IN RESPECT OF THE ACQUISITION OF SHARES ISSUED BY CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS

2002, c. 9, s. 24.

776.1.5.0.11. An individual, other than a trust, who is resident in Québec at the end of 31 December of a particular taxation year and who is not a dealer acting as an intermediary or as a firm underwriter may deduct from the individual’s tax otherwise payable for the particular year under this Part an amount equal to the product obtained by multiplying the percentage specified in the fifth paragraph by the amount paid by the individual in the period beginning on 1 March of the particular year and ending on the last day of February of the year following the particular year, but before 1 March 2011, for the purchase, as first purchaser, of a share of the capital stock of the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1).

If the period described in the first paragraph ends on a statutory holiday, the period is deemed to end on the day immediately before the statutory holiday.

If the period described in the first paragraph ends on 28 February 2005, that paragraph is to be read as if “1 March of the particular year” was replaced by “31 March of the particular year”.

If the period described in the first paragraph ends on 28 February 2007, that paragraph is to be read as if “1 March of the particular year” was replaced by “24 March of the particular year”.

The percentage to which the first paragraph refers is 35%, if the period referred to in that paragraph begins after 23 March 2006, and 50%, in any other case.

2002, c. 9, s. 24; 2003, c. 9, s. 106; 2004, c. 21, s. 213; 2006, c. 36, s. 81.

776.1.5.0.12. The amount that an individual may deduct for a taxation year under section 776.1.5.0.11 may not exceed

(a)  $875, if the period referred to in the first paragraph of that section begins after 23 March 2006; and

(b)  $1,250, in any other case.

2002, c. 9, s. 24; 2006, c. 36, s. 82.

776.1.5.0.13. No individual may deduct, for a particular taxation year, an amount under section 776.1.5.0.11 in respect of an amount paid by the individual in the period referred to in the first paragraph of section 776.1.5.0.11 for the acquisition of a share referred to in that section if

(a)  during that period or within the following 30 days, the individual requested redemption of the share in accordance with paragraph 3 of section 12 of the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1); or

(b)  the corporation governed by the Act constituting Capital régional et coopératif Desjardins, before 1 March of the year following the particular year, in relation to another share of the capital stock of that corporation,

i.  redeems the share in accordance with paragraph 1 or 4 of section 12 of that Act, or

ii.  purchases the share in accordance with the purchase by agreement policy approved by the Minister of Finance under the second paragraph of section 11 of that Act, except where the purchase is made in accordance with a provision of that policy under which the corporation may purchase by agreement a share it issued because no amount was deducted in respect of the share under section 776.1.5.0.11.

2002, c. 9, s. 24; 2003, c. 9, s. 107.

776.1.5.0.14. An individual who elects to have section 776.1.5.0.11 apply for a taxation year, in respect of a share referred to in that section, shall enclose with the fiscal return the individual is required to file under section 1000 for the year, a copy of the prescribed form the individual received in respect of the share of the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1).

2002, c. 9, s. 24.

776.1.5.0.15. For the purposes of this chapter, an amount paid for the purchase of a share of the capital stock of the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1) consists solely of the issue price paid in respect of that share.

2004, c. 21, s. 214.

CHAPTER V TAX CREDIT FOR NEW GRADUATES WORKING IN THE RESOURCE REGIONS

2006, c. 36, s. 83.

776.1.5.0.16. In this chapter,

“eligible employment” of an individual means an office or employment the duties of which are ordinarily performed by the individual in an eligible region and are related

(a)  to a business carried on by the individual’s employer in that region; and

(b)  to the knowledge and skills obtained by the individual in the course of the training or program leading to the awarding of a recognized diploma;

“eligible individual” for a taxation year, in relation to an eligible employment, means an individual who, at the end of 31 December of the year, is resident in Québec in an eligible region and

(a)  begins to hold the eligible employment at a time in the year that is within the 24-month period that follows the date on which the individual successfully completes the courses and, where applicable, the internships leading to the awarding of a recognized diploma, or is awarded a recognized diploma that is a master’s or doctoral degree under an educational program requiring the writing of an essay, dissertation or thesis; or

(b)  holds the eligible employment in the year and is resident in an eligible region throughout the period that begins at the end of 31 December of the last taxation year for which the individual may deduct an amount from the individual’s tax otherwise payable under this chapter, or is deemed to have paid an amount to the Minister on account of the individual’s tax payable under Division II.20 of Chapter III.1 of Title III of Book IX, and that ends at the end of 31 December of the year;

“eligible region” means

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1):

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 08 Abitibi-Témiscamingue,

iv.  administrative region 09 Côte-Nord,

v.  administrative region 10 Nord-du-Québec, or

vi.  administrative region 11 Gaspésie–Îles-de-la-Madeleine;

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

ii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau,

iii.  Municipalité régionale de comté de Mékinac, or

iv.  Municipalité régionale de comté de Pontiac; or

(c)  the urban agglomeration of La Tuque, as described in section 8 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001);

“recognized diploma” means

(a)  an attestation of vocational education, a diploma of vocational studies or an attestation of vocational specialization, awarded by the Minister of Education, Recreation and Sports;

(b)  a diploma of college studies in technical training awarded by the Minister of Education, Recreation and Sports or by a college-level educational institution to which the Minister of Education, Recreation and Sports has delegated the responsibility of awarding such a diploma;

(c)  an attestation of college studies in technical training awarded by a college-level educational institution of Québec;

(d)  an undergraduate or graduate diploma or degree awarded by a Québec university;

(e)  a diploma awarded by an educational institution situated outside Québec that is considered, following a comparative assessment carried out by the Minister of Immigration and Cultural Communities, to be comparable to one of the diplomas referred to in paragraphs a to d; or

(f)  an attestation of studies for a post-secondary educational program of the Conservatoire de musique et d’art dramatique du Québec, the École du Barreau du Québec, the École nationale de police du Québec or the National Theatre School of Canada.

For the purposes of the definition of “eligible individual” in the first paragraph, an individual who was resident in Québec in an eligible region immediately before the individual’s death is deemed to be resident in Québec in an eligible region throughout the period that begins at the time of the individual’s death and ends at the end of 31 December of the year in which the individual died.

2006, c. 36, s. 83.

776.1.5.0.17. An eligible individual for a taxation year, in relation to an eligible employment, may deduct from the eligible individual’s tax otherwise payable for the year under this Part, an amount equal to the least of

(a)  40% of the aggregate of all amounts each of which is the salary or wages of the individual for the year from any eligible employment in respect of which the individual is an eligible individual for the year;

(b)  $3,000; and

(c)  the amount by which $8,000 exceeds the aggregate of all amounts each of which is an amount that the individual has deducted from the individual’s tax otherwise payable under this chapter or is deemed to have paid to the Minister on account of the individual’s tax payable under Division II.20 of Chapter III.1 of Title III of Book IX, for a preceding taxation year.

2006, c. 36, s. 83; 2007, c. 12, s. 90.

776.1.5.0.18. An individual who, at the end of 31 December of a taxation year, is resident in Québec outside an eligible region and who receives in the taxation year a salary or wages attributable to duties performed, in the preceding taxation year, in the course of an eligible employment, may deduct from the individual’s tax otherwise payable for the year an amount equal to the amount by which the amount that the individual could have deducted from the individual’s tax otherwise payable for the preceding taxation year, under section 776.1.5.0.17, if the salary or wages had been received in the preceding taxation year, exceeds the amount that the individual has deducted from the individual’s tax otherwise payable for the preceding taxation year under section 776.1.5.0.17.

For the purposes of the first paragraph, an individual who was resident in Québec outside an eligible region immediately before the individual’s death is deemed to be resident in Québec outside an eligible region at the end of 31 December of the year in which the individual died.

2006, c. 36, s. 83; 2007, c. 12, s. 91.

776.1.5.0.19. If a separate fiscal return in respect of an individual is filed under any of sections 429, 681 and 1003 for a particular period and another fiscal return in respect of the same individual is filed under this Part for a period ending in the calendar year in which the particular period ends, for the purpose of computing the tax payable under this Part by the individual in such fiscal returns, the aggregate of all deductions claimed in those returns under section 776.1.5.0.17 or 776.1.5.0.18 must not exceed the deduction that could be claimed under that section for the year in respect of the individual if no separate fiscal returns were filed under sections 429, 681 and 1003.

2006, c. 36, s. 83.

TITLE III.1 TAX CREDIT IN RESPECT OF A REGISTERED GAIN-SHARING PLAN THAT IS PART OF A QUALITY APPROACH

1993, c. 19, s. 65.

CHAPTER I INTERPRETATION

1993, c. 19, s. 65.

776.1.5.1. In this Title,

“eligible beneficiary”, for a taxation year, under a registered gain-sharing plan that is part of a quality approach of a corporation means an individual who, as an employee of the corporation, is entitled to receive in the year an amount under the plan, who, in the performance of his duties as such within the corporation for the year in respect of which he is entitled to receive the amount, usually reports for work at an establishment of the corporation situated in Québec and who is not an excluded beneficiary described in section 776.1.5.2 in respect of the plan;

“qualified corporation” in respect of a registered gain-sharing plan that is part of a quality approach means a corporation whose assets or net shareholders’ equity as shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, either for its taxation year preceding that which includes the date on which a registration number was assigned to the plan by the Minister in accordance with section 776.1.5.3 or, where that date is included in the first fiscal period of the corporation, at the beginning of that first fiscal period, were less than $25,000,000 and equal to or less than $10,000,000, respectively;

“registered gain-sharing plan that is part of a quality approach” of a corporation means a gain-sharing plan that is part of a quality approach of the corporation that is registered by the Minister in accordance with the first paragraph of section 776.1.5.3;

“unused portion” of a deduction under section 776.1.5.4 in respect of a corporation for a taxation year means the amount by which an amount equal to 15% of the amount determined under the second paragraph of the said section for the year in respect of the corporation exceeds the amount of the tax payable by the corporation for the year under this Part, computed before any deduction under this Title, and sections 772.12, 1183 and 1184.

For the purposes of the definition of “qualified corporation” set forth in the first paragraph, the following rules apply:

(a)  the said definition, where the corporation referred to therein is a cooperative, shall read without reference to “net shareholders” and as if the reference therein to “submitted to the shareholders” were a reference to “submitted to the members”;

(b)  sections 1029.8.27 to 1029.8.30, as they read before being repealed, apply for the purposes of the said definition, with the necessary modifications.

1993, c. 19, s. 65; 1995, c. 63, s. 87; 1997, c. 3, s. 39; 2005, c. 23, s. 110.

776.1.5.2. For the purposes of the definition of “eligible beneficiary” set forth in the first paragraph of section 776.1.5.1, an excluded beneficiary in respect of a registered gain-sharing plan that is part of a quality approach of a corporation means an individual who, on the date on which a registration number is assigned to the plan by the Minister in accordance with section 776.1.5.3, is

(a)  a specified shareholder of the corporation or would be a specified shareholder of the corporation if, for the purposes of sections 21.17 and 21.18, the following rules applied:

i.  the references in those sections to “not less than 10%” and to “to not less than 10%” were references to “more than 5%” and “to more than 5%”, respectively; and

ii.  except for the purposes of paragraph a of section 21.18, an individual or a partnership is deemed to own such proportion of all the shares of the capital stock of the corporation that are owned on that date by a cooperative of which the individual or the partnership, as the case may be, is a member as the number of votes held on that date by the individual or the partnership, as the case may be, at a meeting of the members of the cooperative is of the number of votes held on that date by all members of the cooperative at a meeting of the members of the cooperative; or

(b)  where the corporation is a cooperative, a member having, directly or indirectly, more than 5% of the votes at a meeting of the members of the cooperative.

1993, c. 19, s. 65; 1997, c. 3, s. 71.

CHAPTER II REGISTERED GAIN-SHARING PLAN THAT IS PART OF A QUALITY APPROACH

1993, c. 19, s. 65.

776.1.5.3. The Minister shall, where a corporation applies therefor in prescribed form containing the prescribed information after 31 December 1992 and before 1 January 1996, register any gain-sharing plan that is part of a quality approach in respect of which the Minister of Industry and Trade has issued a certificate, by assigning, upon receipt of the prescribed form together with an amount of $200, a copy of the document describing the plan and a copy of the certificate, a registration number to the plan.

The Minister shall notify the corporation having filed the prescribed form referred to in the first paragraph in respect of a registered gain-sharing plan that is part of a quality approach of the registration number he assigned to the plan and of the date on which the number was assigned.

1993, c. 19, s. 65; 1994, c. 16, s. 51; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1999, c. 8, s. 20.

CHAPTER III DEDUCTIONS

1993, c. 19, s. 65.

776.1.5.4. A corporation may deduct in computing its tax otherwise payable for a taxation year under this Part, an amount not exceeding 15% of the amount determined in respect of the corporation for the year under the second paragraph.

The amount referred to in the first paragraph in respect of a corporation for a taxation year is the aggregate of all amounts each of which, on the one hand, is an amount relating to an amount paid in the year by the corporation to a particular eligible beneficiary for the year under a registered gain-sharing plan that is part of a quality approach, referred to in this paragraph as the “particular plan”, in respect of which the corporation is a qualified corporation and, on the other hand, is equal to the least of

(a)  $3,000,

(b)  the aggregate of all amounts each of which is an amount paid in the year by the corporation to the particular eligible beneficiary under the particular plan, and

(c)  the amount by which $6,000 exceeds the aggregate of all amounts each of which is an amount determined under this paragraph in respect of an amount paid by the corporation in a preceding taxation year to the particular eligible beneficiary under the particular plan.

For the purposes of the second paragraph, an amount paid by a corporation to an eligible beneficiary under a registered gain-sharing plan that is part of a quality approach of the corporation is deemed not to have been paid under the plan if it was paid to the eligible beneficiary after the earlier of

(a)  the last day of the fifth taxation year of the corporation following that which includes the date on which a registration number was assigned to the plan by the Minister in accordance with section 776.1.5.3, and

(b)  the earlier of the day on which the certificate issued by the Minister of Industry and Trade in respect of the plan is revoked and, where applicable, any earlier day on which such revocation is effective.

1993, c. 19, s. 65; 1994, c. 16, s. 51; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1999, c. 8, s. 20.

776.1.5.5. Subject to section 776.1.5.6, a corporation may also deduct from its tax otherwise payable for a taxation year under this Part any unused portion of a deduction under section 776.1.5.4 in respect of the corporation for the five preceding taxation years.

1993, c. 19, s. 65; 1997, c. 3, s. 71.

776.1.5.6. For the purposes of section 776.1.5.5, the following rules apply:

(a)  no amount may be deducted by a corporation under the said section 776.1.5.5 in computing its tax payable for a particular taxation year under this Part in respect of the unused portion of a deduction under section 776.1.5.4 in respect of the corporation for a taxation year, before the unused portions of deductions under the said section 776.1.5.4 in respect of the corporation for the taxation years preceding the year that the corporation may deduct for the particular year are deducted;

(b)  the unused portion of a deduction under section 776.1.5.4 in respect of a corporation for a taxation year may be deducted under the said section 776.1.5.5 in computing the tax payable under this Part by the corporation for a particular taxation year only to the extent that such unused portion exceeds the aggregate of all amounts deducted, in respect of the unused portion of the deduction, in computing the tax payable under this Part by the corporation for the taxation years preceding the particular year;

(c)  an amount may be deducted under the said section 776.1.5.5 by a corporation in computing its tax payable under this Part for a particular taxation year ending after the time that a person acquires control of the corporation, in respect of the unused portion of a deduction under section 776.1.5.4 in respect of the corporation for a taxation year ending before that time, only to the extent that the unused portion of the deduction may reasonably be considered to relate to a business of the corporation that was carried on by the corporation throughout the particular year for profit or with a reasonable expectation of profit.

1993, c. 19, s. 65; 1997, c. 3, s. 71.

TITLE III.2 TAX CREDIT IN RESPECT OF ENVIRONMENTAL TRUSTS

1996, c. 39, s. 210; 2000, c. 5, s. 293.

776.1.6. There may be deducted from a taxpayer’s tax otherwise payable under this Part for a taxation year such amount as the taxpayer claims not exceeding the taxpayer’s Part III.12 tax credit, within the meaning assigned by section 1029.8.36.52, for the year.

1996, c. 39, s. 210.

TITLE III.3 TAX CREDIT FOR THE HIRING OF FINANCIAL DERIVATIVES SPECIALISTS

2007, c. 12, s. 92.

776.1.7. In this Title,

“eligibility period” applicable to an individual for a taxation year in relation to a corporation means the part of the taxation year within both the period for which the qualification certificate issued to the corporation in respect of the individual is valid and the period for which the annual qualification certificate referred to in the definition of “eligible specialist” was issued to the corporation in respect of the individual in relation to the taxation year;

“eligible specialist” of a corporation for a taxation year means an individual in respect of whom the Minister of Finance has, for the purposes of this Title, issued to the corporation a qualification certificate and an annual qualification certificate for all or part of the taxation year;

“excluded corporation” means

(a)  a corporation that is exempt from tax under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income because of section 999.0.1; or

(b)  a corporation that would be exempt from tax under section 985, but for section 192;

“government assistance” means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, tax deduction, investment allowance or as any other form of assistance, except a deduction under this Title in computing tax payable under this Part;

“non-government assistance” means an amount that would be included in computing a taxpayer’s income because of paragraph w of section 87, if that paragraph were read without reference to its subparagraphs ii and iii, except a deduction under this Title in computing tax payable under this Part;

“qualification certificate” in respect of an individual means a certificate that the Minister of Finance issues to a corporation after 23 March 2006 and before 1 January 2010, and that certifies that the individual qualifies as a financial derivatives specialist for the purposes of this Title;

“qualified corporation” means a corporation, other than an excluded corporation, that carries on a business in Québec and has an establishment in Québec;

“qualified wages” paid by a corporation to an individual for a taxation year means the lesser of

(a)  the amount obtained by multiplying $75,000 by the proportion, not exceeding 1, that the number of weeks ending in the eligibility period applicable to the individual for the taxation year in relation to the corporation and for which the corporation paid the individual an amount as wages is of 52; and

(b)  the amount by which the aggregate of all amounts each of which is an amount paid by the corporation to the individual as wages for a week ending in the eligibility period applicable to the individual for the taxation year in relation to the corporation, exceeds the aggregate of all amounts each of which is

i.  the amount of any government assistance or non-government assistance attributable to such wages that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for that taxation year, or

ii.  the amount of any benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to the individual’s employment with the corporation as an eligible specialist, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner;

“unused portion of the tax credit” of a corporation for a taxation year means the amount by which the maximum amount that the corporation could deduct under section 776.1.8 for the taxation year if it had sufficient tax payable under this Part for that taxation year exceeds the tax payable by the corporation for the taxation year under this Part, determined before the application of that section and of the second paragraph of section 776.1.9;

“wages” means the income computed under Chapters I and II of Title II of Book III.

For the purposes of the definition of “qualified wages” in the first paragraph, a week ending in the eligibility period applicable to an individual for a taxation year in relation to a corporation is deemed not to be such a week if

(a)  the corporation is not a qualified corporation at any time during that week;

(b)  the individual is a specified shareholder of the corporation at any time during that week; or

(c)  an amount paid by the corporation to the individual as wages for that week

i.  represents all or part of an expenditure taken into account in computing the amount used as a basis for computing an amount that the corporation is deemed under Chapter III.1 of Title III of Book IX to have paid to the Minister for a taxation year, or deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) to have overpaid to the Minister, or

ii.  is paid in circumstances such that

(1)  it may reasonably be considered that all or a portion of a consideration paid or payable by a person or partnership under a particular contract relates to any given expenditure in respect of which the person or a member of the partnership may, for a taxation year, be deemed to have paid an amount to the Minister under Chapter III.1 of Title III of Book IX, and

(2)  the amount paid as wages was incurred in the performance of the particular contract or of any contract derived from it and may reasonably be considered as relating to the given expenditure.

2007, c. 12, s. 92.

776.1.8. A corporation that, in a taxation year ending after 23 March 2006, employs an individual as an eligible specialist and that, on or before the day that is 12 months after the corporation’s filing-due date for that taxation year, encloses the documents described in the second paragraph with the fiscal return it is required to file under section 1000 for that taxation year, may deduct from its tax payable under this Part for that taxation year, determined before the application of this section and of the second paragraph of section 776.1.9, an amount equal to 20% of the aggregate of all amounts each of which corresponds to the qualified wages paid by the corporation to such an individual for the taxation year.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation in respect of each individual referred to in the first paragraph; and

(c)  a copy of the annual qualification certificate issued for the purposes of this Title to the corporation by the Minister of Finance for all or part of the taxation year in respect of each individual referred to in the first paragraph.

2007, c. 12, s. 92.

776.1.9. A corporation may deduct from its tax payable under this Part for a taxation year, determined before the application of this Title, the unused portions of the tax credit of the corporation for the 10 taxation years that precede that taxation year.

Similarly, a corporation may deduct from its tax payable under this Part for a taxation year, determined before the application of this paragraph, the unused portions of the tax credit of the corporation for the three taxation years that follow that taxation year.

2007, c. 12, s. 92.

776.1.10. No amount is deductible under section 776.1.9 in respect of an unused portion of the tax credit for a taxation year until the unused portions of the tax credit for the preceding taxation years that are deductible have been deducted.

In addition, an unused portion of the tax credit may be deducted for a taxation year under section 776.1.9 only to the extent that it exceeds the aggregate of the amounts deducted in its respect for the preceding taxation years under that section.

2007, c. 12, s. 92.

776.1.11. Subject to sections 1010 to 1011 and for the purposes of this Title, when the Minister of Finance replaces or revokes a qualification certificate or an annual qualification certificate issued by the Minister of Finance to a corporation in respect of an individual for the purposes of this Title, the following rules apply:

(a)  a qualification certificate or annual qualification certificate that is replaced is null from the time it was issued and the new qualification certificate or annual qualification certificate is deemed to have been issued at that time; and

(b)  a qualification certificate or annual qualification certificate that is revoked is null from the time the revocation becomes effective.

The qualification certificate or annual qualification certificate so revoked is deemed not to have been issued as of the effective date specified in the notice of revocation.

2007, c. 12, s. 92.

776.1.12. If, at any time, control of a corporation is acquired by a person or group of persons, no amount may be deducted by the corporation under section 776.1.9 for a taxation year ending after that time in respect of the unused portion of the tax credit of the corporation for a taxation year ending before that time.

However, the corporation may deduct an amount under section 776.1.9 for a particular taxation year ending after the time referred to in the first paragraph, in respect of the portion that may reasonably be considered to be attributable to the carrying on of a business, of the unused portion of the tax credit of the corporation for a taxation year ending before that time, if the corporation carried on the business throughout the particular taxation year for profit or with a reasonable expectation of profit.

The amount that the corporation may deduct under section 776.1.9 for the particular taxation year in respect of the portion described in the second paragraph is to be determined as if the reference in the first paragraph of that section to the tax payable under this Part for a taxation year, determined before the application of this Title, were a reference to the portion of the tax payable under this Part by the corporation for the particular taxation year, determined before the application of this Title, that may reasonably be attributed to the carrying on of the business referred to in the second paragraph and, if the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before the time referred to in the first paragraph, of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2007, c. 12, s. 92.

776.1.13. If, at any time, control of a corporation is acquired by a person or group of persons, no amount may be deducted by the corporation under section 776.1.9 for a taxation year ending before that time in respect of the unused portion of the tax credit of the corporation for a taxation year ending after that time.

However, the corporation may deduct an amount under section 776.1.9 for a particular taxation year ending before the time referred to in the first paragraph, in respect of the portion that may reasonably be considered to be attributable to the carrying on of a business, of the unused portion of the tax credit of the corporation for a taxation year ending after that time, if the corporation carried on the business throughout that taxation year and in the particular taxation year for profit or with a reasonable expectation of profit.

The amount that the corporation may deduct under section 776.1.9 for the particular taxation year in respect of the portion described in the second paragraph is to be determined as if the reference in the second paragraph of that section to the tax payable under this Part for a taxation year, determined before the application of the second paragraph of that section, were a reference to the portion of the tax payable under this Part by the corporation for the particular taxation year, determined before the application of the second paragraph of that section, that may reasonably be attributed to the carrying on of the business referred to in the second paragraph and, if the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before the time referred to in the first paragraph, of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2007, c. 12, s. 92.

776.1.14. For the purpose of computing the amount that a corporation may deduct under section 776.1.9 for a particular taxation year in respect of the unused portion of the tax credit of the corporation for a particular preceding taxation year, that unused portion of the tax credit of the corporation, otherwise determined, is to be reduced by the amount determined under the second paragraph if, in the particular taxation year or a preceding taxation year, an amount relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year, other than an amount described in subparagraph i or ii of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7, is

(a)  directly or indirectly refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  obtained by a person or partnership.

The amount to which the first paragraph refers is the amount by which the maximum amount that the corporation could have deducted under section 776.1.8 for the particular preceding taxation year if it had had sufficient tax payable under this Part for that taxation year exceeds the aggregate of

(a)  the maximum amount that the corporation could have deducted under that section for the particular preceding taxation year if it had had sufficient tax payable under this Part for that taxation year and if, for the purposes of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7,

i.  any amount referred to in the first paragraph in relation to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year that is received or obtained at or before the end of the particular taxation year, had been received or obtained in the particular preceding taxation year, and

ii.  any amount referred to in the first paragraph of section 776.1.15 in relation to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year that is paid or deemed to be paid under section 776.1.16 at or before the end of the particular taxation year, had been paid or deemed to be paid in the particular preceding taxation year; and

(b)  any portion that may reasonably be considered as relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year, of the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.27.16 for the particular taxation year or a preceding taxation year.

For the purpose of computing the amount that the corporation may deduct under section 776.1.9 for the particular taxation year in respect of the unused portion of the tax credit of the corporation for a taxation year other than the particular preceding taxation year, the corporation is deemed to have deducted under that section for the taxation years preceding the particular taxation year in respect of the unused portions of the tax credit of the corporation for the taxation years other than the particular preceding taxation year that are deductible for the particular taxation year, in addition to any other amount deducted or deemed to be deducted, an amount equal to the amount by which the amount determined under the second paragraph exceeds the amount by which the unused portion of the tax credit of the corporation for the particular preceding taxation year, determined before the application of this section and of section 776.1.15, exceeds the aggregate of the amounts deducted by the corporation under section 776.1.9 for the taxation years preceding the particular taxation year in respect of that unused portion of the tax credit of the corporation.

2007, c. 12, s. 92.

776.1.15. For the purpose of computing the amount that a corporation may deduct under section 776.1.9 for a particular taxation year in respect of the unused portion of the tax credit of the corporation for a particular preceding taxation year, that unused portion of the tax credit of the corporation, otherwise determined, is to be increased by the amount determined under the second paragraph if, in the particular taxation year or a preceding taxation year, an amount relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year, described in subparagraph i or ii of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7 or in subparagraph a or b of the first paragraph of section 776.1.14, is, pursuant to a legal obligation,

(a)  paid by the corporation, and may reasonably be considered as the repayment of an amount attributable to the qualified wages that is referred to in that subparagraph i or that subparagraph a; or

(b)  paid by a person or partnership, and may reasonably be considered as the repayment of an amount attributable to the qualified wages that is referred to in that subparagraph ii or subparagraph b of the first paragraph of section 776.1.14.

The amount to which the first paragraph refers is the amount by which the maximum amount that the corporation could have deducted under section 776.1.8 for the particular preceding taxation year if it had had sufficient tax payable under this Part for that taxation year is exceeded by the aggregate of

(a)  the maximum amount that the corporation could have deducted under that section for the particular preceding taxation year if it had had sufficient tax payable under this Part for that taxation year and if, for the purposes of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7,

i.  any amount referred to in the first paragraph in relation to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year that is paid at or before the end of the particular taxation year had been paid in the particular preceding taxation year, and

ii.  any amount referred to in the first paragraph of section 776.1.14 in relation to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year that is received or obtained at or before the end of the particular taxation year, had been received or obtained in the particular preceding taxation year; and

(b)  any portion that may reasonably be considered as relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular preceding taxation year, of the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.27.16 for a taxation year preceding the particular taxation year.

For the purpose of computing the amount that the corporation may deduct under section 776.1.9 for the particular taxation year in respect of the unused portion of the tax credit of the corporation for a taxation year other than the particular preceding taxation year, the corporation shall also take into account the amount by which the unused portion of the tax credit of the corporation for the particular preceding taxation year is to be increased under the first paragraph.

2007, c. 12, s. 92.

776.1.16. For the purposes of section 776.1.15, an amount attributable to qualified wages paid by a corporation to an individual for a preceding taxation year, described in subparagraph i or ii of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7, is deemed to be repaid by a corporation, person or partnership, as the case may be, in a particular taxation year, pursuant to a legal obligation, if that amount

(a)  is described in that subparagraph i or ii in relation to those qualified wages;

(b)  in the case of an amount described in that subparagraph i, was not received by the corporation;

(c)  in the case of an amount described in that subparagraph ii, was not obtained by the person or partnership; and

(d)  ceased, in the particular taxation year, to be an amount that the corporation, person or partnership may reasonably expect to receive or obtain.

2007, c. 12, s. 92.

776.1.17. For the purposes of this Part, an amount deducted by a corporation under this Title in computing its tax payable under this Part for a preceding taxation year in respect of an expenditure made in a taxation year preceding a particular taxation year is to be considered as received by the corporation in the particular taxation year, to the extent that the amount is not considered, under this section, as received by the corporation in a taxation year preceding the particular taxation year.

2007, c. 12, s. 92.

776.1.18. Sections 1029.6.0.1.7 and 1029.6.0.1.8 apply to this Title, with the necessary modifications.

2007, c. 12, s. 92.

TITLE IV

Repealed, 1989, c. 5, s. 129.

1981, c. 24, s. 15; 1989, c. 5, s. 129.

776.2. (Repealed).

1981, c. 24, s. 15; 1982, c. 5, s. 145; 1983, c. 20, s. 4; 1987, c. 67, s. 155; 1989, c. 5, s. 129.

776.3. (Repealed).

1981, c. 24, s. 15; 1989, c. 5, s. 129.

776.4. (Repealed).

1981, c. 24, s. 15; 1989, c. 5, s. 129.

776.5. (Repealed).

1981, c. 24, s. 15; 1985, c. 25, s. 133; 1989, c. 5, s. 129.

TITLE IV.1

Repealed, 1997, c. 85, s. 172.

1986, c. 103, s. 11; 1997, c. 85, s. 172.

776.5.1. (Repealed).

1986, c. 103, s. 11; 1989, c. 5, s. 130; 1997, c. 85, s. 172.

TITLE V SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT TAX CREDIT

1985, c. 25, s. 134; 1987, c. 67, s. 156.

CHAPTER I INTERPRETATION

1985, c. 25, s. 134.

776.6. For the purposes of this Part,

(a)  “scientific research and experimental development tax credit” of an individual other than a trust for a taxation year means the aggregate of the amounts each of which is equal to 25% of the amount designated by a corporation under section 776.10 in respect of a qualifying security acquired in the year by the individual where the individual is the first holder thereof; however, in the case of an individual contemplated in the second paragraph of section 22, 25 or 26, that aggregate shall be multiplied by the proportion contemplated in the second paragraph of those sections;

(b)  “unused scientific research and experimental development tax credit” of an individual other than a trust for a taxation year means an amount equal to the amount by which his scientific research and experimental development tax credit for the year exceeds his tax otherwise payable for the year under this Part or, where Book V.1 of this Part applies to the individual for the year, the amount by which his tax otherwise payable for the year under this Part exceeds the amount of his minimum tax determined for the year under section 776.46, as the case may be.

1985, c. 25, s. 134; 1987, c. 67, s. 157; 1990, c. 59, s. 297; 1997, c. 3, s. 71.

776.7. In this Title and Title V.1,

(a)  “qualifying security” means

i.  a share;

ii.  a bond, debenture, bill, hypothecary claim, mortgage or similar obligation; or

iii.  a right under a scientific research and experimental development financing contract, issued or granted after 30 September 1983, other than a prescribed security;

(b)  “holder” of a qualifying security means

i.  in the case of a security described in subparagraph i or ii of paragraph a, a registered holder other than a broker or dealer in securities acting as an intermediary;

ii.  in the case of a security described in subparagraph iii of paragraph a, a holder other than a broker or dealer in securities acting as an intermediary;

(c)  “tax otherwise payable” by an individual under this Part for a taxation year means the tax payable by him for the year under this Part, computed without reference to section 776.17.

1985, c. 25, s. 134; 1986, c. 15, s. 124; 1987, c. 67, s. 158; 1988, c. 18, s. 68; 1989, c. 5, s. 131; 1996, c. 39, s. 211; 2001, c. 53, s. 145; 2005, c. 1, s. 185.

776.8. For the purposes of this Title and Title V.1, a partnership is deemed to be a person and its taxation year is deemed to correspond to its fiscal period.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.9. For the purposes of this Title, “scientific research and experimental development financing contract” means a contract in writing pursuant to which an amount is paid by a person to a corporation as consideration for the granting by the corporation to that person of an absolute or contingent right to receive income, other than interest or dividends.

1985, c. 25, s. 134; 1987, c. 67, s. 159; 1997, c. 3, s. 71.

776.9.1. For the purposes of this Title and of Title V.1, where a qualifying security described in subparagraph i or ii of paragraph a of section 776.7 of a public corporation is lawfully distributed to the public in accordance with a prospectus, registration statement or similar document filed with a public body in Canada pursuant to and in accordance with the law of Canada or of any province, and, where required by law, accepted for filing by such public body and where the corporation if it has designated an amount under section 776.10 in respect of the qualifying security, the corporation may, in the return prescribed for the purposes of that section 776.10, elect that the first person, other than a broker or dealer in securities acting as an intermediary, to have acquired the qualifying security shall be considered to be the first holder of a qualifying security and, in such a case, no other person may then be considered the first holder thereof.

1986, c. 15, s. 125; 1997, c. 3, s. 71; 2001, c. 53, s. 146.

776.9.2. For the purposes of this Title and of Title V.1, the amount of consideration for which a qualifying security is issued or granted includes the amount of consideration for the designation made under section 776.10 in respect of the qualifying security or for the designation mentioned in section 776.18 in respect of the qualifying security.

In addition, the amount of consideration received by a corporation for the designations mentioned in sections 776.10, 776.18 and 776.19 in respect of a qualifying security shall not be included in computing the income of the corporation.

1986, c. 15, s. 125; 1997, c. 3, s. 71.

CHAPTER II DESIGNATION BY A CORPORATION

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.10. For the purposes of this Part, a taxable Canadian corporation may designate, in respect of a qualifying security issued by it, an amount equal to the prescribed amount.

No designation referred to in the first paragraph is valid unless it is made in the prescribed return and the prescribed manner.

1985, c. 25, s. 134; 1997, c. 3, s. 71; 2001, c. 53, s. 147.

776.11. Where a corporation has designated an amount under section 776.10 in respect of a qualifying security, no amount may be designated at any subsequent time in respect of that qualifying security.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

CHAPTER III BENEFICIARY UNDER TRUST

1985, c. 25, s. 134.

776.12. For the purposes of this Title and sections 255 to 258, where an individual, other than a broker or dealer in securities, is a beneficiary under a trust and an amount is designated by a corporation under section 776.10 in respect of a qualifying security acquired by the trust, in a taxation year of the trust, where the trust is the first holder thereof, the following rules apply:

(a)  the trust may, having regard to all the circumstances including the terms and conditions of the trust arrangement, in its fiscal return for that year, attribute to the individual the prescribed portion of that amount, to the extent that that portion was not attributed by the trust to any other beneficiary under the trust; and

(b)  the prescribed portion contemplated in paragraph a that is attributed to the individual is deemed to be an amount designated by the corporation, under section 776.10, on the last day of that year, in respect of a qualifying security acquired by the individual on that day where the individual is the first holder thereof.

For the purposes of the first paragraph, a trust does not include a trust exempt from tax under sections 980 to 999.1 or governed by an employee benefit plan or by a plan the registration of which is revoked under subsection 14 or 14.1 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1985, c. 25, s. 134; 1986, c. 15, s. 126; 1991, c. 25, s. 92; 1997, c. 3, s. 71.

CHAPTER IV MEMBER OF PARTNERSHIP

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.13. For the purposes of this Title and sections 255 to 258, where an individual other than a broker or dealer in securities is a member of a partnership and an amount is designated by a corporation under section 776.10 in respect of a qualifying security acquired by the partnership, in a taxation year of the partnership, where the partnership is the first holder thereof, such portion of that amount as may reasonably be considered to be the individual’s share thereof is deemed to be an amount designated by the corporation, under section 776.10, on the last day of that year, in respect of a qualifying security acquired by the individual on that day where the individual is the first holder thereof.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

CHAPTER V COST OF QUALIFYING SECURITY

1985, c. 25, s. 134.

776.14. For the purposes of this Part, where in a taxation year a person has acquired and is the first holder of a qualifying security in respect of which an amount was designated by a corporation under section 776.10, the cost to him of the security is deemed to be that provided for in section 776.15.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.15. The cost to a person of a qualifying security contemplated in section 776.14 is equal to the amount by which

(a)  its cost as otherwise determined to the person contemplated therein exceeds

(b)  50% of the designated amount contemplated therein in respect of the security.

1985, c. 25, s. 134.

776.16. Where the amount determined under paragraph b of section 776.15 exceeds the amount determined under paragraph a of the said section 776.15, the excess,

(a)  where the qualifying security contemplated in section 776.14 is a capital property to the person contemplated in the said section 776.14, is deemed to be a capital gain of the person for the year in which the security is acquired, from the disposition of that property, and

(b)  in any other case, shall be included in computing the income of the person for that year.

The cost to that person of the qualifying security is in that case deemed to be nil.

1985, c. 25, s. 134.

CHAPTER VI DEDUCTION

1985, c. 25, s. 134.

776.17. An individual other than a trust may deduct from his tax otherwise payable for a taxation year under this Part an amount not greater than the aggregate of his scientific research and experimental development tax credit for the year and his unused scientific research and experimental development tax credit for the following taxation year.

1985, c. 25, s. 134; 1987, c. 67, s. 160; 1988, c. 4, s. 71; 1988, c. 18, s. 69.

TITLE V.1 COST OF CERTAIN SECURITIES GIVING RIGHT TO TAX CREDIT

1985, c. 25, s. 134.

776.18. For the purposes of this Part, where in a taxation year a corporation has acquired and is the first holder of a qualifying security in respect of which an amount was designated by another corporation under subsection 4 of section 194 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the cost to the corporation of the security is deemed to be that provided for in the second paragraph.

The cost to a corporation of a qualifying security contemplated in the first paragraph is equal to the amount by which

(a)  its costs as otherwise determined to the corporation contemplated therein exceeds

(b)  50% of the designated amount contemplated therein in respect of the security.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.19. For the purposes of this Part except Title VI.1 of Book VII, where in a taxation year a person has acquired and is the first holder of a share in respect of which an amount was designated by a corporation under subsection 4 of section 192 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the cost to him of that share is deemed to be that provided for in the second paragraph.

The cost to a person of a share contemplated in the first paragraph is equal to the amount by which

(a)  its cost as otherwise determined to the person contemplated therein exceeds

(b)  the designated amount contemplated therein in respect of the share.

1985, c. 25, s. 134; 1997, c. 3, s. 71.

776.20. Where the amount determined under paragraph b of section 776.18 or 776.19, as the case may be, exceeds the amount determined under paragraph a of the said section 776.18 or 776.19, as the case may be, the excess

(a)  where the qualifying security or share, as the case may be, contemplated in section 776.18 or 776.19 respectively is a capital property to the person contemplated in the said section 776.18 or 776.19, as the case may be, is deemed to be a capital gain of the person for the year in which the qualifying security or share, as the case may be, is acquired, from the disposition of that property; and,

(b)  where paragraph a does not apply, shall be included in computing the income of the person for the year of the acquisition.

The cost to that person of the qualifying security or share, as the case may be, is in that case deemed to be nil.

1985, c. 25, s. 134.

TITLE VI

Repealed, 1989, c. 5, s. 132.

1986, c. 15, s. 127; 1989, c. 5, s. 132.

CHAPTER I

Repealed, 1989, c. 5, s. 132.

1986, c. 15, s. 127; 1989, c. 5, s. 132.

776.21. (Repealed).

1986, c. 15, s. 127; 1988, c. 4, s. 72; 1989, c. 5, s. 132.

776.21.1. (Repealed).

1988, c. 4, s. 73; 1989, c. 5, s. 132.

CHAPTER II

Repealed, 1989, c. 5, s. 132.

1986, c. 15, s. 127; 1989, c. 5, s. 132.

776.22. (Repealed).

1986, c. 15, s. 127; 1988, c. 4, s. 74; 1989, c. 5, s. 132.

776.23. (Repealed).

1986, c. 15, s. 127; 1987, c. 21, s. 32; 1988, c. 4, s. 75; 1989, c. 5, s. 132.

776.24. (Repealed).

1986, c. 15, s. 127; 1987, c. 21, s. 33; 1988, c. 4, s. 76; 1989, c. 5, s. 132.

776.24.1. (Repealed).

1987, c. 21, s. 34; 1988, c. 4, s. 77; 1989, c. 5, s. 132.

776.25. (Repealed).

1986, c. 15, s. 127; 1989, c. 5, s. 132.

776.26. (Repealed).

1986, c. 15, s. 127; 1988, c. 4, s. 78; 1989, c. 5, s. 132.

776.27. (Repealed).

1986, c. 15, s. 127; 1987, c. 21, s. 35; 1989, c. 5, s. 132.

776.28. (Repealed).

1986, c. 15, s. 127; 1989, c. 5, s. 132.

TITLE VII

Repealed, 2005, c. 1, s. 186.

1988, c. 4, s. 79; 2005, c. 1, s. 186.

CHAPTER I

Repealed, 2005, c. 1, s. 186.

1988, c. 4, s. 79; 2005, c. 1, s. 186.

776.29. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 133; 1989, c. 77, s. 86; 1991, c. 25, s. 93; 1992, c. 21, s. 171; 1993, c. 16, s. 290; 1993, c. 64, s. 85; 1994, c. 22, s. 272; 1995, c. 1, s. 86; 1995, c. 63, s. 88; 1997, c. 3, s. 71; 1997, c. 14, s. 137; 1997, c. 85, s. 173; 2003, c. 9, s. 108; 2005, c. 1, s. 186.

776.29.1. (Repealed).

2001, c. 51, s. 74; 2004, c. 21, s. 215; 2005, c. 1, s. 186.

776.29.2. (Repealed).

2004, c. 21, s. 216; 2005, c. 1, s. 186.

776.30. (Repealed).

1988, c. 4, s. 79; 1995, c. 1, s. 87; 1997, c. 85, s. 174; 2003, c. 9, s. 109.

776.30.1. (Repealed).

1997, c. 85, s. 175; 2001, c. 53, s. 148; 2003, c. 9, s. 110; 2005, c. 1, s. 186.

776.31. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 134; 1997, c. 85, s. 330; 2005, c. 1, s. 186.

CHAPTER II

Repealed, 2005, c. 1, s. 186.

1988, c. 4, s. 79; 2005, c. 1, s. 186.

776.32. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 135; 1997, c. 85, s. 176; 1999, c. 83, s. 112; 2005, c. 1, s. 186.

776.32.1. (Repealed).

1997, c. 85, s. 177; 2005, c. 1, s. 186.

776.32.2. (Repealed).

1997, c. 85, s. 177; 2005, c. 1, s. 186.

776.33. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 136; 1990, c. 7, s. 71; 1991, c. 8, s. 51; 1992, c. 1, s. 75; 1993, c. 19, s. 66; 1993, c. 64, s. 86; 1997, c. 85, s. 178; 1999, c. 83, s. 113; 2005, c. 1, s. 186.

776.34. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 137; 1989, c. 77, s. 87; 1991, c. 8, s. 52; 1992, c. 1, s. 76; 1993, c. 19, s. 67; 1995, c. 1, s. 88; 1997, c. 85, s. 179; 2001, c. 51, s. 75; 2005, c. 1, s. 186.

776.35. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 138; 1990, c. 7, s. 72; 1991, c. 8, s. 53; 1992, c. 1, s. 77; 1993, c. 19, s. 68; 1993, c. 64, s. 87; 1997, c. 85, s. 180.

776.36. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 139; 1990, c. 7, s. 73; 1994, c. 22, s. 273; 1997, c. 14, s. 138; 1997, c. 85, s. 180.

776.37. (Repealed).

1988, c. 4, s. 79; 1997, c. 85, s. 181; 2005, c. 1, s. 186.

776.38. (Repealed).

1988, c. 4, s. 79; 1996, c. 39, s. 212; 1997, c. 85, s. 330; 2005, c. 1, s. 186.

776.39. (Repealed).

1988, c. 4, s. 79; 1999, c. 83, s. 114.

776.40. (Repealed).

1988, c. 4, s. 79; 1997, c. 85, s. 182; 1999, c. 83, s. 114.

TITLE VIII

Repealed, 1995, c. 63, s. 89.

1988, c. 4, s. 79; 1995, c. 63, s. 89.

776.41. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 140; 1990, c. 7, s. 74; 1991, c. 8, s. 54; 1992, c. 1, s. 78; 1993, c. 19, s. 69; 1993, c. 64, s. 88; 1995, c. 63, s. 89.

TITLE IX TRANSFER TO SPOUSE OF UNUSED PORTION OF NON-REFUNDABLE TAX CREDITS

2003, c. 9, s. 111.

776.41.1. In this Title, the eligible spouse of an individual for a taxation year means

(a)  where the taxation year is not the taxation year referred to in paragraph b,

i.  the person who is the spouse of the individual at the end of 31 December of the year and who, at that time, is not living separate and apart from the individual, or

ii.  where the individual does not have a spouse at the end of 31 December of the year, the last person who, during the year, has been the spouse of the individual, if that person died in the year and if, at the time of death, that person was the spouse of the individual and was not living separate and apart from the individual; and

(b)  where the taxation year is the taxation year in which the individual dies,

i.  the person who, at the time of the individuals’ death, was the spouse of the individual and who, at that time, was not living separate and apart from the individual, except if that person was the spouse of another individual at the end of 31 December of the year or, if the person died in the year, at the time of the person’s death, or

ii.  where the individual did not have a spouse at the time of the individual’s death, the last person who, during the year, had been the spouse of the individual, if that person died in the year and if, at the time of death, the person was the spouse of the individual and was not living separate and apart from the individual.

2003, c. 9, s. 111.

776.41.2. For the purposes of section 776.41.1, a person shall not be considered to be living separate and apart from an individual at any time in a taxation year unless the person was living separate and apart from the individual at that time, because of a breakdown of their marriage, for a period of at least 90 days that includes that time.

2003, c. 9, s. 111.

776.41.3. For the purposes of section 776.41.1, where an individual would, but for this section, have more than one eligible spouse for a taxation year, the individual is deemed to have only one eligible spouse for the year and to be the eligible spouse for the year of that person only.

For the purposes of section 776.41.1, where a person would, but for this section, be the eligible spouse of more than one individual for a taxation year, the Minister may designate which of the individuals is deemed to have that person as sole eligible spouse for the year and that person is deemed to be the eligible spouse for the year solely of the individual so designated by the Minister.

2003, c. 9, s. 111.

776.41.4. For the purposes of sections 776.41.1 to 776.41.3, “taxation year” has the meaning that would be assigned by this Part if it were read without reference to section 779.

2003, c. 9, s. 111.

776.41.5. Subject to the fourth paragraph and sections 776.41.6 to 776.41.10, an individual who has an eligible spouse for a taxation year may deduct from the individual’s tax otherwise payable for the year under this Part, computed without reference to section 752.12, the amount determined by the formula

A - B.

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that the individual’s eligible spouse for the taxation year may deduct under this Book in computing the eligible spouse’s tax otherwise payable for the year under this Part, other than an amount deductible under any of sections 752.12, 776.1.5.0.17 and 776.1.5.0.18; and

(b)  B is the tax otherwise payable of the individual’s eligible spouse for the taxation year, computed without reference to the deductions provided for in this Book.

For the purposes of subparagraph a of the second paragraph, the following rules apply:

(a)  an individual whose eligible spouse for a taxation year transfers for the year an amount to another individual in accordance with the first paragraph of section 776.41.14 shall reduce the aggregate described in subparagraph a of the second paragraph by the total of all amounts each of which is an amount that the eligible spouse so transfers for the year to another individual; and

(b)  if the eligible spouse of an individual for a taxation year may deduct, for the year, an amount under any of sections 752.0.10.6, 752.0.11, 752.0.18.10, 752.0.18.15, 772.8, 776.1.1 and 776.1.2 (in this subparagraph referred to as the “deductible amount”), the individual may, in respect of the deductible amount, include in the aggregate described in subparagraph a of the second paragraph only the portion of the deductible amount claimed as a deduction by the eligible spouse in the fiscal return the eligible spouse files for the year.

An individual may deduct an amount under this section in computing the individual’s tax otherwise payable under this Part for a taxation year only if the individual and the individual’s eligible spouse for the year file a fiscal return for the year under this Part.

2003, c. 9, s. 111; 2005, c. 1, s. 187; 2006, c. 36, s. 84; 2009, c. 5, s. 327; 2009, c. 15, s. 155; 2010, c. 25, s. 85.

776.41.6. Where an individual is referred to in the second paragraph of section 22 or 25, the amount that may be deducted by the individual under section 776.41.5 in computing the individual’s tax otherwise payable for a taxation year under this Part shall not exceed the portion of the amount that is the proportion referred to in the second paragraph of section 22 or 25, as the case may be.

2003, c. 9, s. 111.

776.41.7. Where an individual is resident in Canada only during part of a taxation year, the following rules apply for the purpose of determining the amount that may be deducted by the individual under section 776.41.5 in computing the individual’s tax otherwise payable for the year under this Part:

(a)  in respect of any period in the year throughout which the individual was resident in Canada, the amount deductible under section 776.41.5 must be computed as though that period were a whole taxation year and the amount that would have been deductible under section 776.41.5, if the individual had been resident in Canada throughout the year, were replaced by an amount equal to the proportion of the amount that the number of days in that period is of the number of days in the year; and

(b)  in respect of a period in the year that is not referred to in subparagraph a, the amount deductible under section 776.41.5 must be computed as though that period were a whole taxation year.

Notwithstanding the foregoing, the amount deductible by the individual for the year under section 776.41.5, as a consequence of the application of the rules set out in the first paragraph, shall not exceed the amount that would have been otherwise deductible, under section 776.41.5, if the individual had been resident in Canada throughout the year.

2003, c. 9, s. 111.

776.41.8. Where an individual is referred to in the second paragraph of section 26, section 776.41.5 does not apply for the purpose of computing the individual’s tax otherwise payable for a taxation year under this Part.

However, where all or substantially all of the individual’s income for the year, as determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, the individual may deduct, in computing the individual’s tax otherwise payable for the year under this Part, such portion of the amount, as determined under section 776.41.5, that is the proportion referred to in the second paragraph of section 26.

2003, c. 9, s. 111.

776.41.9. Where an individual dies in a taxation year, the amount determined in respect of the individual for the year under section 776.41.5 may be deducted only in computing the individual’s tax payable as indicated in the fiscal return the individual is required to file for the year under this Part, otherwise than as the result of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

Where the eligible spouse of an individual for a taxation year dies in the year, the individual may deduct, in computing the individual’s tax payable for the year under section 776.41.5, only the amount determined by the formula provided for in the first paragraph of that section on the basis of the amounts indicated in the fiscal return of the individual’s eligible spouse for the year filed under this Part, otherwise than as the result of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

2003, c. 9, s. 111.

776.41.10. Where an individual has become a bankrupt during a calendar year, the individual may, for that year, deduct an amount under section 776.41.5 only in computing the individual’s tax payable as indicated in the fiscal return the individual is required to file under this Part for the taxation year that is deemed, under section 779, to commence on the date of the bankruptcy.

Where the eligible spouse of an individual for a taxation year has become a bankrupt during a calendar year, the amount that the individual may deduct for the taxation year under section 776.41.5 in computing the individual’s tax payable is equal to the aggregate of all amounts each of which is the amount determined under the first paragraph of section 776.41.5 for each of the taxation years of the eligible spouse that is included in the calendar year.

2003, c. 9, s. 111.

776.41.11. Where an individual deducts an amount under section 776.41.5 in computing tax payable under this Part for a taxation year, and where a portion of that amount is reasonably attributable to a deduction to which the eligible spouse of the individual for the year is entitled for the year under a particular provision referred to in the second paragraph, the portion of that amount is deemed to be deducted under the particular provision by the eligible spouse in computing tax payable under this Part for the year for the purpose of determining the amount that the eligible spouse will be entitled to deduct, under the particular provision or another particular provision, in computing the tax payable under this Part for another taxation year.

The provisions to which the first paragraph refers are sections 752.0.11, 752.0.10.6, 752.0.18.10, 752.0.18.15, 772.8, 776.1.1 and 776.1.2.

For the purpose of determining the portion of the amount that an individual may deduct under section 776.41.5 in computing tax payable under this Part for a taxation year that is reasonably attributable to a deduction to which the eligible spouse of the individual for the year is entitled for the year under a particular provision referred to in the second paragraph, the provisions referred to in that paragraph shall be applied in the order provided for in that paragraph.

2003, c. 9, s. 111.

TITLE X TRANSFER OF THE UNUSED PORTION OF A STUDENT’S BASIC PERSONAL TAX CREDIT

2009, c. 5, s. 328.

776.41.12. In this Title,

“designated educational institution” means an educational institution that the Minister of Education, Recreation and Sports designates for the purposes of the loans and bursaries program for full-time studies in vocational training at the secondary level and for full-time studies at the postsecondary level established under the Act respecting financial assistance for education expenses (chapter A-13.3);

“eligible student” for a taxation year means, subject to the second paragraph, a person who is 18 years of age or over during the year and who began, in the year, a recognized term of study at a designated educational institution where the person was enrolled in a recognized educational program;

“recognized educational program” means an educational program that provides that each student taking the program spend not less than 9 hours per week on courses or work in the program and that is,

(a)  if the educational institution is situated in Québec, an educational program recognized by the Minister of Education, Recreation and Sports for the purposes of the loans and bursaries program for full-time studies in vocational training at the secondary level and for full-time studies at the postsecondary level established under the Act respecting financial assistance for education expenses; and

(b)  if the educational institution is situated outside Québec, an educational program at the college level or at the university level or the equivalent;

“recognized term of study” means a term that is completed and during which a person was in full-time attendance at a designated educational institution.

However, a person is an eligible student only if the person’s enrolment in a recognized educational program at a designated educational institution is proven by filing with the Minister a declaration in the prescribed form issued by the designated educational institution and containing prescribed information.

2009, c. 5, s. 328.

776.41.13. For the purposes of this Title, if a person has a major functional deficiency within the meaning of the Regulation respecting financial assistance for education expenses (chapter A-13.3, r. 1), and the person, for that reason, pursues studies on a part-time basis during a taxation year, the following rules apply:

(a)  the person is deemed to be pursuing studies on a full-time basis during the year; and

(b)  the definition of “recognized educational program” in the first paragraph of section 776.41.12 is to be read as if “spend not less than 9 hours per week on courses or work in the program” was replaced by “receive a minimum of 20 hours of instruction per month”.

2009, c. 5, s. 328.

776.41.14. An individual who is the father or mother of an eligible student for a taxation year may deduct from the individual’s tax otherwise payable for the year under this Part the amount that the eligible student transfers to the individual for the year, for the purposes of this Title, by means of the prescribed form containing prescribed information and that may not exceed the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the amount obtained by multiplying the percentage determined under section 750.1 for the year by

i.  $6,650, if the eligible student began in the year at least two recognized terms of study, or

ii.  the amount by which $6,650 exceeds $1,860, if the eligible student began in the year only one recognized term of study; and

(b)  B is the eligible student’s tax otherwise payable for the year under this Part, computed without reference to the deductions under this Book.

For the purpose of determining, for a taxation year, the amount that an eligible student who reaches 18 years of age in the year may transfer to an individual for the purposes of the first paragraph, subparagraph a of the second paragraph is to be read as follows:

“(a) A is the amount obtained by multiplying the percentage determined under section 750.1 for the year by the total of

i. $1,860 in respect of each recognized term of study, without exceeding two, that the eligible student began in the year, and

ii. the proportion that the number of months in the year following the month in which the eligible student reaches 18 years of age is of 12, multiplied by the amount by which $6,650 exceeds the amount obtained by multiplying $1,860 by 2; and”.

An individual may deduct an amount under this section in computing the individual’s tax otherwise payable under this Part for a taxation year only if

(a)  the individual files a fiscal return for the year under this Part; and

(b)  the eligible student of whom the individual is the father or mother files a fiscal return for the year under this Part, together with the prescribed form.

2009, c. 5, s. 328; 2010, c. 25, s. 86.

776.41.15. If, for a taxation year, more than one individual is entitled to deduct an amount under section 776.41.14 in respect of the same eligible student, the aggregate of the amounts that the individuals may so deduct may not exceed the limit that is the amount that one of those individuals could deduct for the year under section 776.41.14 in respect of the student, if the individual were the only individual to whom the eligible student could transfer an amount for the year in accordance with the first paragraph of that section.

If the aggregate of the amounts that the individuals could, but for this section, deduct for the year under section 776.41.14 in respect of the eligible student exceeds the limit provided for in the first paragraph, the Minister may determine the amount that each of the individuals may deduct for the year in respect of the student under that section and the amount so determined is deemed to be the amount that the eligible student transferred for the year to the individual in accordance with the first paragraph of that section.

2009, c. 5, s. 328.

776.41.16. The amount that an individual referred to in the second paragraph of section 22 or 25 may deduct, under section 776.41.14, from the individual’s tax otherwise payable for a taxation year under this Part may not exceed the portion of that amount that is the proportion referred to in the second paragraph of section 22 or 25.

2009, c. 5, s. 328.

776.41.17. The following rules apply for the purpose of determining the amount that an individual who was resident in Canada for only part of a taxation year may deduct, under section 776.41.14, from the individual’s tax otherwise payable for the year under this Part in relation to an eligible student:

(a)  in respect of any period in the year throughout which the individual was resident in Canada, the amount deductible under section 776.41.14 in relation to the student is to be established as if the period was a whole taxation year and the amount that the student transfers to the individual for the purposes of the first paragraph of section 776.41.14 was replaced by the proportion of that amount that the number of days in the period is of the number of days in the year; and

(b)  in respect of a period in the year that is not referred to in subparagraph a, the amount deductible under section 776.41.14 in relation to the student is to be established as if the period was a whole taxation year.

However, the amount that the individual may deduct for the year under section 776.41.14 in respect of the eligible student, as a consequence of the application of the rules of the first paragraph, must not exceed the amount that would otherwise have been deductible in respect of the student, under that section, if the individual had been resident in Canada throughout the year.

2009, c. 5, s. 328.

776.41.18. Section 776.41.14 does not apply for the purpose of computing the tax otherwise payable of an individual referred to in the second paragraph of section 26 for a taxation year under this Part.

However, an individual all or substantially all of whose income for the year, determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, may deduct, from the individual’s tax otherwise payable for the year under this Part, the portion of the amount, determined under section 776.41.14, that is the proportion referred to in the second paragraph of section 26.

2009, c. 5, s. 328.

776.41.19. The amount that an individual who became a bankrupt in a calendar year may deduct, under section 776.41.14, from the individual’s tax otherwise payable under this Part for each of the individual’s taxation years referred to in section 779 that end in the calendar year is equal to the portion of that amount, otherwise determined, that is the proportion that the number of days in that taxation year is of the number of days in the calendar year.

2009, c. 5, s. 328.

776.41.20. An individual who dies in a taxation year may deduct an amount for the year under section 776.41.14 only in computing the individual’s tax payable as specified in the individual’s fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

An individual may deduct for a taxation year under section 776.41.14 in respect of an eligible student who dies in the year only the amount that is transferred to the individual by means of the prescribed form that is enclosed with the eligible student’s fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the eligible student’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

2009, c. 5, s. 328.

TITLE XI TRANSFER OF THE UNUSED PORTION OF THE TAX CREDIT FOR TUITION FEES AND EXAMINATION FEES

2009, c. 5, s. 328.

776.41.21. An individual who is the father, mother, grandfather or grandmother of a person may deduct, from the individual’s tax otherwise payable for a taxation year under this Part, the amount that the person transfers to the individual for the year, for the purposes of this Title, by means of the prescribed form containing prescribed information and that may not exceed the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the amount obtained by multiplying the percentage determined under section 750.1 for the year by the aggregate of

i.  the amount of the person’s tuition fees that are paid in respect of the year and that are referred to in paragraph a of section 752.0.18.10, and

ii.  the amount of the person’s examination fees that are paid in respect of the year and that are referred to in paragraph b or c of section 752.0.18.10; and

(b)  B is the person’s tax otherwise payable for the year under this Part, computed by taking into account only the amounts that the person may deduct under sections 752.0.0.1, 752.0.1, 752.0.7.4, 752.0.10.6, 752.0.11, 752.0.13.1, 752.0.13.1.1, 752.0.14, 752.0.18.3, 752.0.18.8, 776.1.5.0.17, 776.1.5.0.18 and 776.41.14.

For the purposes of subparagraph b of the second paragraph, the amount that a person may, if applicable, deduct, for a taxation year, under section 752.0.10.6 or 752.0.11 is deemed to be equal to the portion of that amount that the person claims as a deduction in the person’s fiscal return that the person files for the year under this Part.

A person may transfer an amount for a taxation year, in accordance with the first paragraph, to no more than one individual, provided the aggregate of the amounts described in subparagraph a of the second paragraph in respect of the person exceeds $100.

An individual may deduct an amount under this section in computing the individual’s tax otherwise payable under this Part for a taxation year only if

(a)  the individual files a fiscal return for the year under this Part; and

(b)  the person of whom the individual is the father, mother, grandfather or grandmother files a fiscal return for the year under this Part, together with the prescribed form.

2009, c. 5, s. 328; 2010, c. 25, s. 87.

776.41.22. The amount that an individual referred to in the second paragraph of section 22 or 25 may deduct, under section 776.41.21, from the individual’s tax otherwise payable for a taxation year under this Part may not exceed the portion of that amount that is the proportion referred to in the second paragraph of section 22 or 25.

2009, c. 5, s. 328.

776.41.23. The following rules apply for the purpose of determining the amount that an individual who was resident in Canada for only part of a taxation year may deduct, under section 776.41.21, from the individual’s tax otherwise payable for the year under this Part in relation to a person:

(a)  in respect of any period in the year throughout which the individual was resident in Canada, the individual may deduct under section 776.41.21, in relation to the person, the portion of the amount that the person transfers to the individual for the year, in accordance with the first paragraph of that section, that may reasonably be considered to be entirely attributable to such a period, established as if the period was a whole taxation year; and

(b)  in respect of a period in the year that is not referred to in subparagraph a, the amount deductible under section 776.41.21 in relation to the person is to be established as if the period was a whole taxation year.

However, the amount that the individual may deduct for the year under section 776.41.21 in respect of the person, as a consequence of the application of the rules of the first paragraph, must not exceed the amount that would otherwise have been deductible in respect of the person, under that section, if the individual had been resident in Canada throughout the year.

2009, c. 5, s. 328.

776.41.24. Section 776.41.21 does not apply for the purpose of computing the tax otherwise payable of an individual referred to in the second paragraph of section 26 for a taxation year under this Part.

However, an individual all or substantially all of whose income for the year, determined under section 28, is included in computing the individual’s taxable income earned in Canada for the year, may deduct, from the individual’s tax otherwise payable for the year under this Part, the portion of the amount, determined under section 776.41.21, that is the proportion referred to in the second paragraph of section 26.

2009, c. 5, s. 328.

776.41.25. The amount that an individual who became a bankrupt in a calendar year may deduct, under section 776.41.21, from the individual’s tax otherwise payable under this Part for each of the individual’s taxation years referred to in section 779 that end in the calendar year, is equal to the portion of that amount, otherwise determined, that is the proportion that the number of days in that taxation year is of the number of days in the calendar year.

2009, c. 5, s. 328.

776.41.26. An individual who dies in a taxation year may deduct an amount for the year under section 776.41.21 only in computing the individual’s tax payable as specified in the individual’s fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the individual’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

An individual may deduct for a taxation year under section 776.41.21 in respect of a person who dies in the year only the amount that is transferred to the individual by means of the prescribed form that is enclosed with the person’s fiscal return that is required to be filed for the year under this Part, otherwise than because of an election made by the person’s legal representative in accordance with the second paragraph of section 429 or section 681 or 1003.

2009, c. 5, s. 328.

BOOK V.1 ALTERNATIVE MINIMUM TAX

1988, c. 4, s. 79.

TITLE I LIABILITY

1988, c. 4, s. 79.

776.42. Notwithstanding any other provision of this Act and subject to section 766.7, where the amount that is an individual’s tax otherwise payable for a taxation year under Book V is less than the amount by which the minimum tax applicable to the individual for the year, determined under section 776.46, exceeds the aggregate of the amounts referred to in sections 772.2 to 772.13, the individual’s tax payable under this Part for the year is equal to that excess amount.

1988, c. 4, s. 79; 1989, c. 5, s. 141; 1990, c. 59, s. 298; 1992, c. 1, s. 79; 1995, c. 1, s. 89; 1995, c. 63, s. 90; 1996, c. 39, s. 273; 1997, c. 85, s. 183; 2000, c. 5, s. 173; 2001, c. 53, s. 149; 2005, c. 23, s. 111.

776.43. Section 776.42 also applies to an individual referred to in the second paragraph of section 22, 25 or 26.

In such a case, section 776.42 shall be construed as if the proportion referred to in the second paragraph of the said sections applied to the tax otherwise payable by the individual for the taxation year computed under Book V.

Finally, the proportion referred to in the second paragraph of the said sections applies in respect of the minimum tax applicable to the individual for the year as determined under section 776.46.

1988, c. 4, s. 79; 1989, c. 5, s. 142; 1995, c. 1, s. 90; 1997, c. 85, s. 184; 2001, c. 53, s. 150.

776.44. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 143; 1992, c. 1, s. 80; 2005, c. 23, s. 112.

776.45. Section 776.42 does not apply in respect of

(a)  a separate return of income of the individual filed under the second paragraph of section 429 or section 681, 782 or 1003;

(b)  (paragraph repealed);

(c)  the taxation year in which the individual dies;

(d)  the taxation year 1986 of a taxpayer who died in 1987;

(d.1)  a taxation year of a trust throughout which the trust is a segregated fund trust, within the meaning of subparagraph k of the first paragraph of section 835, a mutual fund trust, or a master trust within the meaning of the regulations made under paragraph c.4 of section 998;

(e)  a trust described in subparagraph a of the first paragraph and in the second paragraph of section 653 or in subparagraph a.1 of the said first paragraph for its taxation year that includes the day determined in respect of the trust under any of those subparagraphs;

(f)  (paragraph repealed).

1988, c. 4, s. 79; 1990, c. 59, s. 299; 1993, c. 16, s. 291; 1994, c. 22, s. 274; 1997, c. 85, s. 185; 2000, c. 5, s. 174; 2001, c. 53, s. 151; 2005, c. 23, s. 113; 2010, c. 25, s. 88.

TITLE II MINIMUM TAX APPLICABLE TO AN INDIVIDUAL

1988, c. 4, s. 79.

776.46. An individual’s minimum tax for a taxation year is equal to the amount determined by the formula

A × (B − C) − D + E.

In the formula provided for in the first paragraph,

(a)  A is a rate of

i.  22%, where the taxation year is the year 2000,

ii.  20.75%, where the taxation year is the year 2001,

iii.  20%, where the taxation year is the year 2002, and;

iv.  16%, where the taxation year is the year 2003 or a subsequent year;

(b)  the letter B represents the adjusted taxable income of the individual for the year determined under Title IV;

(c)  the letter C represents his basic exemption for the year determined under section 776.47;

(d)  the letter D represents his basic minimum tax deduction for the year determined under section 776.65;

(e)  the letter E represents an amount that the individual is required to add to the individual’s tax payable for the year under this Part in accordance with section 766.17.

1988, c. 4, s. 79; 1989, c. 5, s. 144; 1993, c. 64, s. 89; 1997, c. 85, s. 330; 2001, c. 51, s. 76; 2005, c. 23, s. 114; 2005, c. 38, s. 196.

TITLE III BASIC EXEMPTION

1988, c. 4, s. 79.

776.47. An individual’s basic exemption for a taxation year is equal, as the case may be, to the following amount:

(a)  $40,000 in the case of an individual other than a trust;

(b)  $40,000 in the case of a testamentary trust or an inter vivos trust described in section 769;

(c)  $0, in any other case.

1988, c. 4, s. 79; 1989, c. 5, s. 145; 1990, c. 7, s. 75; 1992, c. 1, s. 81; 1993, c. 64, s. 90; 1997, c. 14, s. 290; 2005, c. 23, s. 115.

776.48. Despite paragraph b of section 776.47, if more than one trust described in that paragraph arose as a consequence of contributions to the trusts by an individual and those trusts have filed with the Minister in prescribed form an agreement whereby, for the purposes of this Book, they allocate an amount or several amounts to one or more of them for a taxation year and the aggregate of the amounts so allocated does not exceed $40,000, the basic exemption for the year of each of the trusts is the amount so allocated to it.

1988, c. 4, s. 79; 1997, c. 14, s. 290; 2005, c. 23, s. 116.

776.49. Despite paragraph b of section 776.47, if more than one trust described in that paragraph arose as a consequence of contributions to the trusts by an individual and no agreement referred to in section 776.48 has been filed with the Minister before the expiry of 30 days after notice in writing has been forwarded by the Minister to any of the trusts that such an agreement is required for the purpose of an assessment of tax under this Part, the Minister may, for the purposes of this Book, allocate an amount or several amounts to one or more of the trusts for a taxation year, the aggregate of all of which amounts does not exceed $40,000, and the basic exemption for the year of each of the trusts is the amount so allocated.

1988, c. 4, s. 79; 1997, c. 14, s. 290; 2005, c. 23, s. 116.

TITLE IV ADJUSTED TAXABLE INCOME

1988, c. 4, s. 79.

CHAPTER I INTERPRETATION

1988, c. 4, s. 79.

776.50. In this Title,

(a)  (paragraph repealed);

(a.1)  “rental or leasing property” means a property that is a rental property or a leasing property for the purposes of Title XII of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(a.2)  “limited partner” has the meaning that would be assigned by section 613.6 if that section were read without reference to “if his partnership interest is not an exempt interest at that time, within the meaning assigned by section 613.7, and”;

(b)  “film property” means a property described in subparagraph n or r of the first paragraph of class 12 of Schedule B to the Regulation respecting the Taxation Act or a prescribed property.

1988, c. 4, s. 79; 1989, c. 5, s. 146; 1993, c. 19, s. 70; 2000, c. 5, s. 175; 2009, c. 15, s. 156.

CHAPTER II DETERMINATION OF ADJUSTED TAXABLE INCOME

1988, c. 4, s. 79.

776.51. An individual’s adjusted taxable income for a taxation year is the amount that would represent his taxable income for the year or his taxable income earned in Canada for the year, as the case may be, if it were computed with reference to the rules prescribed in sections 776.53 to 776.64.

1988, c. 4, s. 79; 2001, c. 53, s. 152.

776.52. (Repealed).

1988, c. 4, s. 79; 1991, c. 25, s. 94; 1993, c. 16, s. 394; 1997, c. 14, s. 139; 2001, c. 53, s. 153.

776.53. For the purposes of section 776.51, the aggregate of all amounts each of which is an amount deductible under paragraph a of section 130 or any of sections 147, 160, 163, 176, 176.4, 176.6 and 179 in computing the individual’s income for the year in respect of a rental or leasing property, other than an amount included in the individual’s share of a loss referred to in section 776.55.1, shall be established as if it were equal to the lesser of

(a)  the aggregate of all amounts otherwise so deductible; and

(b)  the amount by which the amount determined under the second paragraph is exceeded by the aggregate of

i.  the aggregate of all amounts each of which is the individual’s income for the year from the renting or leasing of a rental or leasing property owned by the individual or by a partnership, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179, and

ii.  the amount by which the aggregate of all amounts each of which is the individual’s taxable capital gain for the year from the disposition of a rental or leasing property owned by the individual or by a partnership exceeds the aggregate of all amounts each of which is the individual’s allowable capital loss for the year from the disposition of such a property.

The amount to which subparagraph b of the first paragraph refers is equal to the aggregate of all amounts each of which is the individual’s loss for the year from the renting or leasing of a rental or leasing property owned by the individual or by a partnership, other than an amount included in the individual’s share of a loss referred to in section 776.55.1, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179.

1988, c. 4, s. 79; 1997, c. 3, s. 71; 2000, c. 5, s. 176.

776.54. For the purposes of section 776.51, the aggregate of all amounts each of which is an amount deductible under paragraph a of section 130 or any of sections 147, 160, 163, 176, 176.4, 176.6, 179, 726.4.1, 726.4.3 and 726.4.4 in computing the individual’s income or taxable income, as the case may be, for the year in respect of a film property that is a property referred to in subparagraph r of the first paragraph of Class 12 of Schedule B to the Regulation respecting the Taxation Act (chapter I-3, r. 1) or paragraph q or r of the second paragraph of Class 10 of that schedule, other than an amount included in the individual’s share of a loss referred to in section 776.55.1, shall be established as if it were equal to the lesser of

(a)  the aggregate of all amounts otherwise so deductible; and

(b)  the amount by which the amount determined under the second paragraph is exceeded by the aggregate of

i.  the aggregate of all amounts each of which is the individual’s income for the year from the renting or leasing of a film property owned by the individual or by a partnership, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179, and

ii.  the amount by which the aggregate of all amounts each of which is the individual’s taxable capital gain for the year from the disposition of such a film property owned by the individual or by a partnership exceeds the aggregate of all amounts each of which is the individual’s allowable capital loss for the year from the disposition of such a film property.

The amount to which subparagraph b of the first paragraph refers is equal to the aggregate of all amounts each of which is the individual’s loss for the year from such a film property owned by the individual or by a partnership, other than amounts included in the individual’s share of a loss referred to in section 776.55.1, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179.

1988, c. 4, s. 79; 1989, c. 5, s. 147; 1997, c. 3, s. 71; 2000, c. 5, s. 176; 2009, c. 15, s. 157.

776.54.1. For the purposes of section 776.51, the aggregate of all amounts deductible by the individual in computing the individual’s taxable income for the year under any of sections 726.1, 726.3, 726.4 and 726.4.0.1 is to be determined as if it were equal,

(a)  in the case of section 726.1, to the aggregate of all amounts each of which is equal to the portion of the amount otherwise deducted by the individual for the year, under that section 726.1, in respect of a share of a corporation described in section 965.11.7.1, that exceeds its cost to the individual;

(b)  in the case of section 726.3, to the aggregate of all amounts each of which is equal to the portion of the amount otherwise deducted by the individual for the year, under that section 726.3, in respect of the aggregate of the individual’s interest in a qualified investment and the individual’s additional interest in respect of the qualified investment, within the meaning assigned by paragraphs b.2 and c of section 965.29, that exceeds the aggregate of the amount of the individual’s interest in the qualified investment and the individual’s additional interest in respect of the qualified investment;

(c)  in the case of section 726.4, to the aggregate of all amounts each of which is equal to the portion of the amount otherwise deducted by the individual for the year, under that section 726.4, in respect of a qualifying security, within the meaning of paragraph d of section 965.35 or section 965.39.1, that exceeds its cost to the individual; and

(d)  in the case of section 726.4.0.1, to the aggregate of all amounts each of which is equal to the amount otherwise deducted by the individual for the year, under section 726.4.0.1, in respect of a qualifying share or qualifying security, within the meaning of the first paragraph of section 965.55, that exceeds its cost to the individual.

2000, c. 39, s. 94; 2006, c. 37, s. 35; 2007, c. 12, s. 93.

776.55. For the purposes of section 776.51, the aggregate of all amounts deductible by the individual in computing his taxable income for the year under sections 726.4.5, 726.4.6 and 726.4.7 in respect of film properties shall be established as if it were equal to the lesser of

(a)  the aggregate of the amounts otherwise so deductible in computing his taxable income for the year; and

(b)  the amount by which the amount determined under the second paragraph is exceeded by the aggregate of

i.  the aggregate of all amounts each of which is the individual’s income for the year from the renting or leasing of a film property owned by the individual or by a partnership, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179, and

ii.  the amount by which the aggregate of all amounts each of which is the individual’s taxable capital gain for the year from the disposition of a film property owned by the individual or by a partnership exceeds the aggregate of all amounts each of which is the individual’s allowable capital loss for the year from the disposition of such a film property.

The amount to which subparagraph b of the first paragraph refers is equal to the aggregate of

(a)  the lesser of the amounts determined under subparagraphs a and b of the first paragraph of section 776.54 in respect of the individual for the year; and

(b)  all amounts each of which is the individual’s loss for the year from a film property owned by the individual or by a partnership, other than amounts included in the individual’s share of a loss referred to in section 776.55.1, computed without reference to paragraph a of section 130 and sections 147, 160, 163, 176, 176.4, 176.6 and 179.

1988, c. 4, s. 79; 1989, c. 5, s. 148; 1997, c. 3, s. 71; 2000, c. 5, s. 177.

776.55.1. For the purposes of section 776.51, where, during a partnership’s fiscal period that ends in the year, other than a fiscal period the end of which coincides with that of a fiscal period of the partnership to which subsection 1 of section 99 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies, the individual is a limited partner of the partnership or a specified member of the partnership at all times since becoming a member of the partnership, or the individual’s interest in the partnership is an interest for which an identification number is required to be, or has been, obtained under Book X.1, the following rules apply:

(a)  the individual’s share of allowable capital losses of the partnership for the fiscal period shall be established as if it were equal to the lesser of

i.  the aggregate of all amounts each of which is

(1)  the individual’s share of a taxable capital gain for the fiscal period from the disposition of property, other than property acquired by the partnership in a transaction to which the second paragraph of section 614 applies, or

(2)  the individual’s taxable capital gain for the year from the disposition of the individual’s interest in the partnership if the individual, or a person with whom the individual does not deal at arm’s length, does not, or would not, but for paragraph a of section 618 and section 640, have an interest in the partnership throughout the following taxation year, and

ii.  the individual’s share of allowable capital losses of the partnership for the fiscal period;

(b)  the individual’s share of each loss from a business of the partnership for the fiscal period shall be established as if it were equal to the lesser of

i.  the individual’s share of the loss, and

ii.  the amount by which the aggregate of all amounts each of which is the individual’s share of an allowable capital loss for the fiscal period is exceeded by the aggregate of all amounts each of which is

(1)  the individual’s share of a taxable capital gain for the fiscal period from the disposition of property used by the partnership in the business, other than property acquired by the partnership in a transaction to which the second paragraph of section 614 applies, or

(2)  the individual’s taxable capital gain for the year from the disposition of the individual’s interest in the partnership if the individual, or a person with whom the individual does not deal at arm’s length, does not, or would not, but for paragraph a of section 618 and section 640, have an interest in the partnership throughout the following taxation year; and

(c)  the individual’s share of losses from property of the partnership for the fiscal period shall be established as if it were equal to the lesser of

i.  the aggregate of the individual’s share of incomes for the fiscal period from properties of the partnership and the amount by which the aggregate of all amounts each of which is the individual’s share of an allowable capital loss for the fiscal period is exceeded by the aggregate of all amounts each of which is

(1)  the individual’s share of a taxable capital gain for the fiscal period from the disposition of property held by the partnership for the purpose of earning income from property, other than property acquired by the partnership in a transaction to which the second paragraph of section 614 applies, or

(2)  the individual’s taxable capital gain for the year from the disposition of the individual’s interest in the partnership if the individual, or a person with whom the individual does not deal at arm’s length, does not, or would not, but for paragraph a of section 618 and section 640, have an interest in the partnership throughout the following taxation year, and

ii.  the individual’s share of losses from property of the partnership for the fiscal period.

2000, c. 5, s. 178; 2009, c. 5, s. 329.

776.55.2. For the purposes of section 776.51, where, during a partnership’s fiscal period that ends in the year, other than a fiscal period the end of which coincides with that of a fiscal period of the partnership to which subsection 1 of section 99 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies, the individual is a limited partner of the partnership or a specified member of the partnership at all times since becoming a member of the partnership, or the partnership owns a rental or leasing property or a film property and the individual is a member of the partnership, the aggregate of all amounts each of which is an amount deductible under any of sections 147, 160, 163, 176, 176.4, 176.6 and 179 in computing the individual’s income for the year in respect of the individual’s acquisition of the partnership interest shall be established as if it were equal to the lesser of

(a)  the aggregate of all amounts otherwise so deductible; and

(b)  the aggregate of all amounts each of which is the individual’s share of any income of the partnership for the fiscal period, determined in accordance with section 600.

2000, c. 5, s. 178; 2009, c. 5, s. 329.

776.55.3. For the purposes of section 776.51, the aggregate of all amounts each of which is an amount deductible in computing the individual’s income for the year in respect of a property for which an identification number is required to be, or has been, obtained under Book X.1, other than an amount to which any of sections 776.53 to 776.55.2 applies, shall be established as if it were nil.

2000, c. 5, s. 178.

776.56. For the purposes of section 776.51, except in respect of a disposition of property occurring before 1 January 1986 or to which sections 484 to 484.6 apply,

(a)  the first paragraph of section 231 shall be construed as if the taxable capital gain, the allowable capital loss or the allowable business investment loss represented 3/4 of the capital gain, of the capital loss or of the business investment loss, as the case may be, from the disposition of property;

(b)  section 265 shall be construed as if the taxable net gain represented 3/4 of the net gain from the disposition of precious property;

(c)  each amount that is designated by a trust for a particular taxation year of the trust in respect of the individual and deemed by section 668 to be a taxable capital gain for the year in respect of the individual is, except in respect of an amount to which section 668.5 applies, deemed to be equal to 3/4 of the quotient obtained when that amount is divided by the fraction provided for the purposes of section 231 in respect of the trust for the particular taxation year;

(d)  this Part is to be read without reference to section 668.7.

1988, c. 4, s. 79; 1989, c. 5, s. 148; 1994, c. 22, s. 275; 1996, c. 39, s. 213; 2003, c. 2, s. 244; 2005, c. 23, s. 117; 2009, c. 5, s. 330.

776.57. For the purposes of section 776.51, the aggregate of all amounts deductible by an individual in computing his income or his taxable income, as the case may be, for the year under sections 359 to 418.12, 419.1 to 419.4, 419.6, 600.1, 600.2 and 726.4.17.10 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to paragraphs 10 and 12 of section 29 of the Income Tax Application Rules, 1971 (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement), shall be established as if it were equal to the lesser of

(a)  the aggregate of all amounts otherwise so deductible by the individual in computing his income or his taxable income, as the case may be, for the year; and

(b)  the aggregate of the following amounts:

i.  his income for the year from royalties in respect of, and such part of his income, other than royalties, for the year as may reasonably be considered as attributable to, the production of petroleum, natural gas and minerals, determined before deducting the amounts referred to in paragraph a, and

ii.  all amounts included in computing his income for the year under sections 330 to 333.

1988, c. 4, s. 79; 1989, c. 5, s. 149; 1990, c. 7, s. 76; 1992, c. 1, s. 82; 1998, c. 16, s. 251; 2000, c. 39, s. 95.

776.57.1. For the purposes of section 776.51, the aggregate of all amounts each of which is an amount deductible under any of sections 147, 160, 163, 176, 176.4, 176.6 and 179 in computing the individual’s income for the year in respect of one of the properties described in the third paragraph, shall be established as if it were equal to the lesser of

(a)  the aggregate of all amounts otherwise so deductible; and

(b)  the amount by which the amount determined under the second paragraph is exceeded by the aggregate of all amounts each of which is an amount described in subparagraph i or ii of paragraph b of section 776.57, determined without reference to sections 147, 160, 163, 176, 176.4, 176.6 and 179.

The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is an amount deductible under any of sections 359 to 418.12, 419.1 to 419.4, 419.6, 600.1, 600.2 and 726.4.17.10 or section 88.4 of the Act respecting the application of the Taxation Act (chapter I-4), to the extent that that section refers to subsections 10 and 12 of section 29 of the Income Tax Application Rules (Revised Statutes of Canada, 1985, chapter 2, 5th Supplement) in computing the individual’s income or taxable income, as the case may be, for the year.

The properties to which the first paragraph refers are

(a)  a flow-through share, if the individual is a person to whom the share was issued in accordance with an agreement referred to in the first paragraph of section 359.1;

(b)  a Canadian resource property; and

(c)  a foreign resource property.

2000, c. 5, s. 179; 2000, c. 39, s. 96.

776.58. For the purposes of section 776.51, section 497 shall be read without reference to the second paragraph thereof.

1988, c. 4, s. 79; 2001, c. 7, s. 108.

776.59. For the purposes of section 776.51, the aggregate of all amounts deductible in computing the income of a trust for the year under sections 656.2, 657 and 657.4 shall be established as if it were equal to the total of the aggregate of all amounts otherwise deductible under those sections and the aggregate of all amounts each of which is 1/2 of

(a)  an amount designated by the trust for the year under section 668; or

(b)  that portion of a net taxable capital gain of the trust that may reasonably be considered

i.  to be included in an amount included in computing the income for the year of a beneficiary of the trust under any of sections 661 to 663 if the beneficiary is not resident in Canada, or

ii.  to have been paid in the year by a trust governed by an employee benefit plan to a beneficiary under that plan.

1988, c. 4, s. 79; 1989, c. 5, s. 150; 1990, c. 59, s. 300; 2003, c. 2, s. 245; 2005, c. 23, s. 118.

776.60. For the purposes of section 776.51, the individual shall not deduct any amount for the year in computing the individual’s taxable income or the individual’s taxable income earned in Canada, as the case may be, under section 725.6.

However, subject to the third paragraph, an amount otherwise deductible by the individual for the year in computing the individual’s taxable income or the individual’s taxable income earned in Canada, as the case may be, other than an amount referred to in this Title, shall be equal to the amount that would otherwise be deductible were it not for this Book.

The only amounts deductible by the individual for the year in computing the individual’s taxable income or the individual’s taxable income earned in Canada, as the case may be, under sections 725, 725.4 and 725.5 are

(a)  as regards section 725, the amount that would be deductible under that section if section 776.56 were applicable in computing the individual’s income for the year;

(b)  (subparagraph repealed);

(c)  as regards sections 725.4 and 725.5, 1/2 of the amounts deducted under those sections.

1988, c. 4, s. 79; 1989, c. 5, s. 151; 1990, c. 7, s. 77; 1992, c. 1, s. 83; 1993, c. 16, s. 292; 1993, c. 64, s. 91; 1995, c. 63, s. 91; 1997, c. 14, s. 140; 2000, c. 39, s. 97; 2003, c. 2, s. 246; 2005, c. 23, s. 119.

776.60.1. For the purposes of section 776.51, paragraph a of section 726.9.4 shall be read as if the reference therein to “3/4 of the amount” were a reference to “the amount”.

2000, c. 5, s. 180.

776.61. For the purposes of section 776.51, the only amounts deductible by the individual for the year in computing his taxable income or his taxable income earned in Canada, as the case may be, under sections 727, 728.1, 729, 731 and 733.0.0.1 are

(a)  as regards sections 727, 728.1, 731 and 733.0.0.1, the lesser of

i.  the aggregate of all amounts deducted by him under the said sections for the year, and

ii.  the aggregate of all amounts that would be deductible under the said sections for the year if

(1)  sections 776.53, 776.54, 776.55 and 776.57, as they apply to taxation years that begin after 31 December 1985 and end before 1 January 1995, were applicable in computing the individual’s non-capital loss, farm loss, restricted farm loss and limited partnership loss for any of those taxation years, and

(2)  sections 776.53 to 776.55.3, 776.57 and 776.57.1 were applicable in computing the individual’s non-capital loss, farm loss, restricted farm loss and limited partnership loss for any taxation year that begins after 31 December 1994; and

(b)  as regards section 729, the lesser of

i.  the aggregate of all amounts each of which may reasonably be considered to be the amount he would have deducted under section 729, had section 776.56 been applicable in computing the amount deductible under section 729; and

ii.  the aggregate of all amounts that would be deductible under section 729 for the year if

(1)  section 776.56 applied in computing the individual’s net capital loss for any taxation year that begins before 1 January 1995, and

(2)  sections 776.55.1 and 776.56 applied in computing the individual’s net capital loss for any taxation year that begins after 31 December 1994.

1988, c. 4, s. 79; 1993, c. 16, s. 293; 1996, c. 39, 214; 1997, c. 3, s. 71; 2000, c. 5, s. 181.

776.61.1. For the purposes of section 776.51, the amount that is deductible by the individual in computing the individual’s income for the year under section 336.6 is to be established as if it were equal to the lesser of

(a)  the amount that the individual deducted under section 336.6 for the year; and

(b)  the amount that would be deductible under section 336.6 for the year if sections 776.53 to 776.55.3, 776.57 and 776.57.1 were applicable in computing each unused portion of the total investment expense of the individual, within the meaning of section 336.5.

2005, c. 38, s. 197.

776.62. For the purposes of section 776.51, no election may be made under section 89.2 of the Act respecting the application of the Taxation Act (chapter I-4).

1988, c. 4, s. 79; 1998, c. 16, s. 251.

776.63. (Repealed).

1988, c. 4, s. 79; 1989, c. 5, s. 152.

776.64. For the purposes of this chapter, any amount deductible under a provision of this Part in computing the income or loss of a partnership for a fiscal period is, to the extent of a member’s share of the partnership’s income or loss, deemed to be deductible by the member under that provision in computing the member’s income for the taxation year in which the fiscal period ends.

1988, c. 4, s. 79; 1997, c. 3, s. 71; 2000, c. 5, s. 182.

776.64.1. Where it can reasonably be considered that one of the main reasons that a member of a partnership was not a specified member of the partnership at all times since becoming a member of the partnership is to avoid the application of this Title in respect of the member’s interest in the partnership, the member is deemed for the purposes of this Title to have been a specified member of the partnership at all times since becoming a member of the partnership.

2000, c. 5, s. 183.

TITLE V BASIC MINIMUM TAX DEDUCTION

1989, c. 5, s. 153.

776.65. An individual’s basic minimum tax deduction for a taxation year is the aggregate of all amounts each of which is

(a)  the amount deducted under any of sections 752.0.0.1 to 752.0.10, 752.0.14, 752.0.18.3 to 752.0.18.15, 776.1.5.0.17, 776.1.5.0.18 and 776.41.14 in computing the individual’s tax payable for the year under this Part; or

(b)  the amount deducted under any of sections 752.0.10.1 to 752.0.13.3 in computing the individual’s tax payable for the year under this Part, determined without reference to this Book, to the extent that the amount deducted does not exceed the maximum amount deductible under that section in computing the individual’s tax payable for the year under this Part, determined without reference to this Book.

If the first paragraph applies to an individual referred to in the second paragraph of any of sections 22, 25 and 26, the following rules apply for the purpose of determining such an individual’s basic minimum tax deduction for a taxation year:

(a)  the amount deducted by the individual under any of sections 752.0.0.1 to 752.0.14 and 752.0.18.3 to 752.0.18.15 in computing the individual’s tax payable for the year under this Part must be determined without reference to the proportion referred to in section 752.0.23 or 752.0.25; and

(b)  the amount deducted by the individual under section 776.41.14 in computing the individual’s tax payable for the year under this Part must be determined without reference to the proportion referred to in section 776.41.16 or 776.41.18.

1989, c. 5, s. 153; 1993, c. 64, s. 92; 1995, c. 63, s. 92; 1997, c. 14, s. 141; 1997, c. 85, s. 186; 1999, c. 89, s. 53; 2003, c. 9, s. 112; 2005, c. 1, s. 188; 2005, c. 38, s. 198; 2006, c. 36, s. 85; 2009, c. 5, s. 331.

BOOK V.2

Repealed, 1997, c. 85, s. 187.

1995, c. 1, s. 91; 1997, c. 85, s. 187.

776.66. (Repealed).

1995, c. 1, s. 91; 1997, c. 85, s. 187.

BOOK V.2.1

Repealed, 2005, c. 1, s. 189.

1997, c. 85, s. 188; 2005, c. 1, s. 189.

TITLE I

Repealed, 2005, c. 1, s. 189.

1997, c. 85, s. 188; 2005, c. 1, s. 189.

776.67. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 115; 2001, c. 51, s. 77; 2002, c. 40, s. 82; 2004, c. 21, s. 217; 2005, c. 1, s. 189.

776.68. (Repealed).

1997, c. 85, s. 188; 2002, c. 40, s. 83; 2005, c. 1, s. 189.

776.68.1. (Repealed).

2003, c. 9, s. 113; 2005, c. 1, s. 189.

TITLE II

Repealed, 2003, c. 9, s. 114.

1997, c. 85, s. 188; 2003, c. 9, s. 114.

776.69. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 114.

776.70. (Repealed).

1997, c. 85, s. 188; 1998, c. 16, s. 251; 2000, c. 5, s. 184; 2001, c. 51, s. 78; 2001, c. 53, s. 154; 2003, c. 2, s. 247; 2003, c. 9, s. 114.

776.71. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 114.

776.72. (Repealed).

1997, c. 85, s. 188; 2001, c. 7, s. 109; 2003, c. 9, s. 114.

776.73. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 114.

TITLE III

Repealed, 2005, c. 1, s. 189.

1997, c. 85, s. 188; 2005, c. 1, s. 189.

776.74. (Repealed).

1997, c. 85, s. 188; 2001, c. 53, s. 155; 2002, c. 40, s. 84; 2003, c. 9, s. 115; 2004, c. 8, s. 152; 2005, c. 1, s. 189.

TITLE IV

Repealed, 2005, c. 1, s. 189.

1997, c. 85, s. 188; 2005, c. 1, s. 189.

776.75. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 116.

776.76. (Repealed).

1997, c. 85, s. 188; 2000, c. 39, s. 98; 2002, c. 9, s. 25; 2002, c. 40, s. 85; 2003, c. 9, s. 116; 2004, c. 21, s. 218; 2005, c. 1, s. 189.

776.77. (Repealed).

1997, c. 85, s. 188; 2001, c. 51, s. 79; 2004, c. 21, s. 219; 2005, c. 1, s. 189.

776.77.1. (Repealed).

2001, c. 51, s. 80; 2005, c. 1, s. 189.

776.77.1.1. (Repealed).

2004, c. 21, s. 220; 2005, c. 1, s. 189.

776.77.2. (Repealed).

2001, c. 51, s. 80; 2004, c. 21, s. 221; 2005, c. 1, s. 189.

776.78. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 117; 2005, c. 1, s. 189.

776.78.1. (Repealed).

2003, c. 9, s. 118; 2005, c. 1, s. 189.

776.79. (Repealed).

1997, c. 85, s. 188; 2000, c. 39, s. 99; 2002, c. 9, s. 26; 2002, c. 40, s. 86; 2003, c. 9, s. 119; 2004, c. 21, s. 222; 2005, c. 1, s. 189.

776.80. (Repealed).

1997, c. 85, s. 188; 2000, c. 39, s. 100; 2002, c. 9, s. 27; 2005, c. 1, s. 189.

TITLE V

Repealed, 1999, c. 83, s. 117.

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.81. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.82. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.83. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.84. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.85. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.86. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

776.87. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 117.

TITLE VI

Repealed, 2005, c. 1, s. 189.

1997, c. 85, s. 188; 2005, c. 1, s. 189.

776.88. (Repealed).

1997, c. 85, s. 188; 1998, c. 16, s. 251; 2002, c. 40, s. 87; 2005, c. 1, s. 189.

776.89. (Repealed).

1997, c. 85, s. 188; 1998, c. 16, s. 187; 2001, c. 51, s. 81; 2001, c. 53, s. 156; 2003, c. 9, s. 120.

776.90. (Repealed).

1997, c. 85, s. 188; 1999, c. 83, s. 118; 2003, c. 9, s. 120.

776.91. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.92. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.93. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.94. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.95. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.96. (Repealed).

1997, c. 85, s. 188; 2003, c. 9, s. 120.

776.97. (Repealed).

2001, c. 53, s. 157; 2005, c. 1, s. 189.

BOOK VI RULES APPLICABLE IN CERTAIN CIRCUMSTANCES

1972, c. 23.

TITLE I BANKRUPTCY

1972, c. 23.

CHAPTER I GENERALITIES

1972, c. 23.

777. (Repealed).

1972, c. 23, s. 586; 1995, c. 49, s. 177; 1996, c. 39, s. 215.

778. For the purposes of this Part, the trustee is deemed to be the agent of the bankrupt and the estate of the bankrupt is deemed not to be a trust or a succession.

The income derived directly or indirectly from the property of the bankrupt is the income of the bankrupt and not of the trustee.

1972, c. 23, s. 587; 1996, c. 39, s. 216.

779. Except for the purposes of sections 752.0.2, 752.0.7.1 to 752.0.10, 752.0.11 to 752.0.13.0.1, Chapter II.5 of Title I of Book V, Chapter V of Title III of Book V, the second paragraph of sections 776.41.14 and 776.41.21, sections 935.4 and 935.15 and Divisions II.8.3, II.11.1, II.11.3 to II.11.5 and II.12.1 to II.20 of Chapter III.1 of Title III of Book IX, the taxation year of a bankrupt is deemed to begin on the date of the bankruptcy and the current taxation year is deemed, if the bankrupt is an individual other than a testamentary trust, to end on the day immediately before the date of the bankruptcy.

1972, c. 23, s. 588; 1988, c. 4, s. 80; 1990, c. 7, s. 78; 1994, c. 22, s. 276; 1995, c. 1, s. 92; 1995, c. 49, s. 178; 1995, c. 63, s. 93; 1996, c. 39, s. 217; 1997, c. 14, s. 142; 1997, c. 85, s. 189; 1999, c. 83, s. 119; 2000, c. 5, s. 185; 2000, c. 39, s. 101; 2001, c. 51, s. 82; 2001, c. 53, s. 158; 2005, c. 1, s. 190; 2005, c. 38, s. 199; 2006, c. 36, s. 86; 2009, c. 5, s. 332; 2009, c. 15, s. 158.

780. Notwithstanding section 782 and paragraphs b to d of the first paragraph of section 784, where at any time a taxpayer is discharged absolutely from bankruptcy, the following rules apply:

(a)  for any taxation year ending after that time, no amount shall be deducted

i.  in computing the taxpayer’s income under section 336.6 in respect of an unused portion of the total investment expense of the taxpayer, within the meaning of section 336.5, for a taxation year that ended before that time, or

ii.  in computing the taxpayer’s taxable income under sections 727 to 737 in respect of a loss sustained for a taxation year that ended before that time; and

(b)  in computing the taxpayer’s tax otherwise payable for any taxation year that ends after that time, no amount shall be deducted under

i.  Chapter I.0.2.1 of Title I of Book  V in respect of a gift made before the day on which the taxpayer became bankrupt,

ii.  section 752.0.18.10 for tuition fees and examination fees paid in respect of a taxation year that ended before that time,

iii.  section 752.0.18.15 in respect of interest paid before the day on which the taxpayer became bankrupt, or

iv.  section 752.12 in respect of a taxation year that ended before that time.

1972, c. 23, s. 589; 1997, c. 85, s. 190; 2001, c. 7, s. 110; 2001, c. 53, s. 159; 2005, c. 38, s. 200.

CHAPTER II RULES APPLICABLE TO CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

781. The trustee is solidarily liable with the bankrupt corporation for the taxes owed by it for any taxation year ending during the bankruptcy, to the extent of the property of the bankrupt in his possession.

1972, c. 23, s. 590; 1995, c. 1, s. 199; 1996, c. 39, s. 218; 1997, c. 3, s. 71.

781.1. For the purposes of this Part, a corporation is deemed not to be associated with any other corporation in a taxation year of the corporation ending during the period the corporation is a bankrupt.

1989, c. 5, s. 154; 1996, c. 39, s. 219; 1997, c. 3, s. 71.

CHAPTER III RULES APPLICABLE TO INDIVIDUALS

1972, c. 23.

782. The trustee shall, within 90 days from the end of the calendar year for each year during which an individual is in bankruptcy, file with the Minister a fiscal return, in the prescribed form, relating to the income from transactions of the bankruptcy. In this respect, the trustee may, in computing the individual’s income for each of those years, claim a deduction under section 336.6 only in respect of an unused portion of the total investment expense of the individual, within the meaning of section 336.5, for any taxation year that ended before the individual was discharged absolutely from bankruptcy, and may not, in computing the individual’s taxable income or the tax payable by the individual under this Part, as the case may be, for each of those years, claim any deduction contemplated

(a)  in Book IV, except those permitted by section 725.2 or 725.2.2 or sections 725.3 to 725.5 or by Title VI.5 in respect of an amount included in computing income under this section for the year and those permitted by sections 727 to 737 in respect of a loss of the individual for any year that ended before the individual was discharged absolutely from bankruptcy;

(b)  in Chapters I.0.1, I.0.2 and I.0.3 of Title I of Book V;

(b.0.1)  in Chapter I.0.2.1 of Title I of Book V in respect of a gift made by the individual on or after the day the individual became bankrupt;

(b.1)  section 752.0.18.10 in respect of tuition fees or examination fees paid in respect of the year;

(b.2)  in section 752.0.18.15 in respect of interest paid on or after the day on which the individual became bankrupt;

(c)  (paragraph repealed);

(d)  in Titles IX to XI of Book V.

1972, c. 23, s. 591; 1988, c. 4, s. 81; 1989, c. 5, s. 155; 1993, c. 64, s. 93; 1997, c. 85, s. 191; 2001, c. 7, s. 111; 2001, c. 53, s. 160; 2003, c. 2, s. 248; 2003, c. 9, s. 121; 2005, c. 1, s. 191; 2005, c. 38, s. 201; 2009, c. 5, s. 333.

782.1. For the purpose of determining an individual’s cumulative gains limit within the meaning of subparagraph c of the first paragraph of section 726.6 for a taxation year occurring after the taxation year in which section 782 last applied in respect of the individual, the rule set forth in the second paragraph applies.

The portion of the individual’s non-capital loss for a particular taxation year in which section 782 applied in respect of the individual and any preceding taxation year is deemed not to be a business investment loss to the extent that it does not exceed the lesser of

(a)  the amount of the individual’s business investment losses for the particular taxation year, and

(b)  any portion of the individual’s non-capital loss for that particular taxation year that was not deducted in computing his taxable income for any taxation year in which section 782 applied in respect of the individual or any preceding taxation year.

1987, c. 67, s. 161.

783. The trustee is liable to pay any tax exigible on the income of the bankruptcy.

1972, c. 23, s. 592.

784. An individual in bankruptcy shall file a separate fiscal return for the individual’s income for any taxation year during which the individual was a bankrupt, computed as if

(a)  the income required to be reported in respect of the year by the trustee under section 782 was not the income of the individual;

(b)  in computing the individual’s income for the year, the individual was not entitled to deduct any loss from transactions of the bankruptcy nor any amount under section 336.6;

(c)  in computing the individual’s taxable income for the year, the individual was not entitled to deduct an amount under section 725.2 or 725.2.2 or sections 725.3 to 725.5 or under Title VI.5 of Book IV in respect of an amount included in computing income under section 782, or an amount under sections 727 to 737; and

(d)  in computing the individual’s tax payable for the year, the individual was not entitled

i.  to deduct an amount under Chapter I.0.2.1 of Title I of Book V in respect of a gift made before the day on which the individual became bankrupt,

ii.  to take into account in computing a deduction under section 752.0.18.10 any tuition fees and examination fees paid in respect of a taxation year preceding the year in respect of which the return is filed,

iii.  to deduct an amount under section 752.0.18.15 in respect of interest paid before the day on which the individual became bankrupt, or

iv.  to deduct an amount under section 752.12.

An individual referred to in the first paragraph is liable to pay any tax payable under this Part by the individual for that taxation year.

1972, c. 23, s. 593; 1993, c. 64, s. 94; 1997, c. 85, s. 192; 2001, c. 7, s. 112; 2001, c. 53, s. 161; 2003, c. 2, s. 249; 2005, c. 38, s. 202.

785. Where after the discharge of an individual in bankruptcy, the trustee continues to deal in the estate of the discharged bankrupt or performs acts in the carrying on of the business of such bankrupt, sections 780 and 782 to 784 apply to the current taxation year on the date of such discharge and any subsequent year.

1972, c. 23, s. 594.

TITLE I.1 CHANGE OF RESIDENCE

1995, c. 49, s. 179.

CHAPTER I GENERAL RULES

2004, c. 8, s. 153.

785.0.1. In this chapter,

“excluded right or interest” of an individual means

(a)  a right of the individual under, or an interest of the individual in a trust governed by,

i.  a registered retirement savings plan or a new plan referred to in section 914,

ii.  a registered retirement income fund,

iii.  a registered education savings plan,

iii.1.  a registered disability savings plan,

iii.2.  a tax-free savings account,

iv.  a deferred profit sharing plan or a revoked plan referred to in section 879,

v.  a profit sharing plan,

vi.  an employee benefit plan, other than a plan described in subparagraph i or ii of paragraph b,

vii.  a plan or arrangement, other than an employee benefit plan, under which the individual has a right to receive in a year remuneration in respect of services rendered by the individual in the year or a prior year,

viii.  a pension plan, other than an employee benefit plan,

ix.  a retirement compensation arrangement,

x.  a foreign retirement arrangement, or

xi.  a registered supplementary unemployment benefit plan;

(b)  a right of the individual to a benefit under an employee benefit plan, to the extent that the benefit can reasonably be considered to be attributable to services rendered in Canada, that is

i.  a plan or arrangement described in paragraph j of section 47.16 that would, but for paragraphs j and k of that section, be a salary deferral arrangement, or

ii.  a plan or arrangement that would, but for paragraph c of section 47.16R1 of the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), be a salary deferral arrangement;

(c)  a right of the individual under an agreement referred to in section 48;

(d)  a right of the individual to a retiring allowance;

(e)  a right of the individual under, or an interest of the individual in, a trust that is

i.  an employee trust,

ii.  an amateur athlete trust,

iii.  a cemetery care trust, or

iv.  a trust governed by an eligible funeral arrangement;

(f)  a right of the individual to receive an amount under an annuity contract, an income-averaging annuity contract or an income-averaging annuity contract respecting income from artistic activities;

(g)  a right of the individual to a benefit under

i.  the Act respecting the Québec Pension Plan (chapter R-9) or any similar plan, within the meaning of that Act,

ii.  the Old Age Security Act (R.S.C. 1985, c. O-9),

iii.  a provincial pension plan prescribed by regulation for the purposes of paragraph v of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), or

iv.  a plan or arrangement instituted by the social security legislation of a country other than Canada or of a state, province or other political subdivision of such a country;

(h)  a right of the individual to a benefit described in any of paragraphs b to e of section 311;

(i)  a right of the individual to a payment out of a NISA Fund No. 2 or out of a farm income stabilization account;

(j)  an interest of the individual in a personal trust resident in Canada if the interest was never acquired for consideration and did not arise as a consequence of a qualifying disposition by the individual, within the meaning that would be assigned by section 692.5 if that section were read without reference to paragraphs h and i thereof;

(k)  an interest of the individual in a testamentary trust not resident in Canada if the interest was never acquired for consideration; or

(l)  an interest of the individual in a life insurance policy in Canada, except for that part of the policy in respect of which the individual is deemed by section 851.11 to have an interest in a related segregated fund trust relating to that policy;

“reportable property” of an individual at a particular time means any property other than

(a)  money that is legal tender in Canada and deposits of such money;

(b)  property that would be an excluded right or interest of the individual if the definition of “excluded right or interest” were read without reference to paragraphs c, j and l of that definition;

(c)  if the individual is not a trust and was not, during the 120-month period that ends at the particular time, resident in Canada for more than 60 months, property described in subparagraph iv of subparagraph b of the first paragraph of section 785.2 that is not taxable Canadian property; and

(d)  any item of personal-use property the fair market value of which, at the particular time, is less than $10,000.

2004, c. 8, s. 153; 2004, c. 21, s. 223; 2005, c. 23, s. 120; 2009, c. 5, s. 334; 2009, c. 15, s. 159.

785.1. For the purposes of this Part, where at a particular time a taxpayer becomes resident in Canada, the following rules apply:

(a)  if the taxpayer is a corporation and paragraph a of subsection 1 of section 128.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) does not apply to the taxpayer in respect of the particular time, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time and to have ended at the time at which the taxpayer’s taxation year (determined for the purposes of the Income Tax Act) that includes the particular time, ended;

(a.1)  if the taxpayer is a trust, other than a testamentary trust, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time;

(a.2)  if the taxpayer is a testamentary trust and paragraph a of subsection 1 of section 128.1 of the Income Tax Act does not apply to the taxpayer in respect of the particular time, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time;

(b)  the taxpayer is deemed to have disposed, at the time, in this section referred to as the “time of disposition”, that is immediately before the time that is immediately before the particular time, of each property then owned by the taxpayer for proceeds equal to its fair market value at the time of disposition, other than, if the taxpayer is an individual,

i.  property that is a taxable Canadian property,

ii.  property that is described in the inventory of a business carried on by the taxpayer in Canada at the time of disposition,

iii.  incorporeal capital property in respect of a business carried on by the taxpayer in Canada at the time of disposition, and

iv.  an excluded right or interest of the taxpayer, other than an interest in a testamentary trust not resident in Canada that was never acquired for consideration;

v.  (subparagraph repealed);

(c)  the taxpayer is deemed to have acquired at the particular time each property deemed by paragraph b to have been disposed of by the taxpayer, at a cost equal to the proceeds of disposition of the property;

(c.1)  if the taxpayer is a corporation and a particular amount has been added to the paid-up capital in respect of a class of shares of the corporation’s capital stock because of paragraph b of subsection 2 of section 128.1 of the Income Tax Act,

i.  the corporation is deemed to have paid, immediately before the time of disposition, a dividend on the issued shares of the class equal to the particular amount, and

ii.  a dividend is deemed to have been received, immediately before the time of disposition, by each person, other than a person in respect of whom the corporation is a foreign affiliate, who held any of the issued shares of the class equal to the amount obtained by multiplying the amount of the dividend referred to in subparagraph i by such proportion as the number of shares of the class held by the person immediately before the time of disposition is of the number of issued shares of the class outstanding immediately before that time; and

(d)  where the taxpayer was, immediately before the particular time, a foreign affiliate of another taxpayer that is resident in Canada,

i.  the taxpayer is deemed to have been a controlled foreign affiliate, within the meaning assigned by section 572, of the other taxpayer immediately before the particular time, and

ii.  such amount as is prescribed shall be included in the foreign accrual property income, within the meaning assigned by section 579, of the taxpayer for the taxpayer’s taxation year ending immediately before the particular time.

1995, c. 49, s. 179; 1997, c. 3, s. 71; 2001, c. 53, s. 162; 2001, c. 53, s. 260; 2003, c. 2, s. 250; 2004, c. 8, s. 154; 2005, c. 1, s. 192; 2009, c. 5, s. 335.

785.2. For the purposes of this Part, where a taxpayer ceases to be resident in Canada at a particular time, the following rules apply:

(a)  if the taxpayer is a corporation and paragraph a of subsection 4 of section 128.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) does not apply to the taxpayer in respect of the particular time, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time and to have ended at the time at which the taxpayer’s taxation year (determined for the purposes of the Income Tax Act) that includes the particular time, ended;

(a.0.1)  if the taxpayer is a trust, other than a testamentary trust, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time;

(a.0.2)  if the taxpayer is a testamentary trust and paragraph a of subsection 4 of section 128.1 of the Income Tax Act does not apply to the taxpayer in respect of the particular time, the taxpayer’s taxation year that would otherwise have included the particular time is deemed to have ended immediately before the particular time and a new taxation year is deemed to have begun at the particular time;

(a.1)  if the taxpayer is an individual, other than a trust, who carries on a business at the particular time, otherwise than through an establishment in Canada, and paragraph a.1 of subsection 4 of section 128.1 of the Income Tax Act does not apply to the taxpayer in respect of the particular time, the fiscal period of the business that would otherwise have included the particular time is deemed to end immediately before that time and a new fiscal period is deemed to begin at that time;

(b)  the taxpayer is deemed to have disposed, at the time, in this subparagraph and subparagraph d referred to as the “time of disposition”, that is immediately before the time that is immediately before the particular time, of each property then owned by the taxpayer for proceeds equal to its fair market value at the time of disposition, which proceeds are deemed to have been received by the taxpayer at the time of disposition, other than, if the taxpayer is an individual,

i.  immovable property situated in Canada, a Canadian resource property or a timber resource property,

ii.  capital property used in, incorporeal capital property in respect of or property included in the inventory of, a business carried on by the taxpayer through an establishment in Canada at the particular time,

iii.  an excluded right or interest of the taxpayer,

iv.  if the taxpayer is not a trust and was not, during the 120-month period that ends at the particular time, resident in Canada for more than 60 months, property that was owned by the taxpayer at the time the taxpayer last became resident in Canada or that was acquired by the taxpayer by inheritance or bequest after the taxpayer last became resident in Canada, and

v.  any property in respect of which the taxpayer makes an election referred to in subparagraph a of the first paragraph of section 785.2.2 for the taxation year that includes the first time, after the particular time, at which the taxpayer becomes resident in Canada;

(c)  the taxpayer is deemed to have reacquired, at the particular time, each property deemed by subparagraph b to have been disposed of by the taxpayer, at a cost equal to the proceeds of disposition of the property;

(d)  despite subparagraphs b and c, if the taxpayer is an individual, other than a trust, and the taxpayer makes a valid election under paragraph d of subsection 4 of section 128.1 of the Income Tax Act after 19 December 2006 in relation to a property described in subparagraph i or ii of subparagraph b,

i.  the taxpayer is deemed to have disposed of the property at the time of disposition for proceeds equal to its fair market value at that time and to have reacquired the property at the particular time at a cost equal to those proceeds,

ii.  the taxpayer’s income for the taxation year that includes the particular time is deemed to be the greater of that income determined without reference to this subparagraph ii and the lesser of

(1)  that income determined without reference to this section, and

(2)  that income determined without reference to subparagraph i, and

iii.  each of the taxpayer’s non-capital loss, net capital loss, restricted farm loss, farm loss and limited partnership loss for the taxation year that includes the particular time is deemed to be the lesser of that amount determined without reference to this subparagraph iii and the greater of

(1)  that amount determined without reference to this section, and

(2)  that amount determined without reference to subparagraph i;

(d.1)  if the taxpayer is deemed by subparagraph b to have disposed of a share that was acquired before 28 February 2000 under circumstances to which section 49.2 applied, the amount that would be added under paragraph f of section 255 in computing the adjusted cost base to the taxpayer of the share as a consequence of the deemed disposition, if Division VI of Chapter II of Title II of Book III were read without reference to section 49.6, shall be deducted from the taxpayer’s proceeds of disposition of the share;

(e)  (paragraph repealed);

(f)  (paragraph repealed).

Chapter V.2 of Title II of Book I applies in relation to an election made under paragraph d of subsection 4 of section 128.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1995, c. 49, s. 179; 1997, c. 3, s. 71; 1997, c. 31, s. 85; 2001, c. 53, s. 260; 2003, c. 2, s. 251; 2004, c. 8, s. 155; 2005, c. 1, s. 193; 2009, c. 5, s. 336.

785.2.1. For the purposes of sections 1025, 1026, 1026.0.2 to 1026.2, any of the first, second and third paragraphs of section 1038 and any regulations thereunder, where an individual is deemed to have disposed of a property in a taxation year under section 785.2, the individual’s tax payable under this Part for the year is deemed to be the lesser of

(a)  the individual’s tax payable under this Part for the year, determined without reference to the specified tax consequences for the year, section 313.11 and Chapter II.1 of Title VI of Book III; and

(b)  the amount that would be determined under paragraph a if section 785.2 did not apply to the individual for the year.

2004, c. 8, s. 156; 2009, c. 5, s. 337.

785.2.2. Where an individual, other than a trust, becomes resident in Canada at a particular time in a taxation year and the time, in this section referred to as the “emigration time”, before the particular time, at which the individual last ceased to be resident in Canada was after 1 October 1996, the following rules apply:

(a)  subject to subparagraph b, subparagraphs b and c of the first paragraph of section 785.2 do not apply to the individual’s cessation of residence at the emigration time in respect of all properties that were taxable Canadian properties of the individual throughout the period that began at the emigration time and that ends at the particular time, if the individual makes, in relation to the individual’s cessation of residence, a valid election under paragraph a of subsection 6 of section 128.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all the properties;

(b)  where, if a property in respect of which an election referred to in subparagraph a is made had been acquired by the individual at the emigration time at a cost equal to its fair market value at the emigration time and had been disposed of by the individual immediately before the particular time for proceeds of disposition equal to its fair market value immediately before the particular time, the application of section 238.4 would reduce the amount that would, but for that section and this section, be the individual’s loss from the disposition, the individual is deemed

i.  to have disposed of the property at the time of disposition, within the meaning assigned by subparagraph b of the first paragraph of section 785.2, in respect of the emigration time for proceeds of disposition equal to the aggregate of

(1)  the adjusted cost base to the individual of the property immediately before the time of disposition, and

(2)  the amount, if any, by which that reduction exceeds the lesser of the adjusted cost base to the individual of the property immediately before the time of disposition and the particular amount, if any, that the individual specifies in respect of the property, in accordance with subclause II of clause B of subparagraph i of paragraph b of subsection 6 of section 128.1 of the Income Tax Act, in the election referred to in subparagraph a for the purposes of that paragraph b, and

ii.  to have reacquired the property at the emigration time at a cost equal to the amount, if any, by which the amount determined under subparagraph 1 of subparagraph i exceeds the lesser of that reduction and the particular amount referred to in subparagraph 2 of that subparagraph i;

(c)  despite paragraph c of section 785.1 and subparagraph b of the first paragraph of section 785.2, if the individual makes a valid election under paragraph c of subsection 6 of section 128.1 of the Income Tax Act after 19 December 2006 in relation to each property that the individual owned throughout the period that began at the emigration time and that ends at the particular time and that is deemed by paragraph b of section 785.1 to have been disposed of because the individual became resident in Canada, the individual’s proceeds of disposition at the time of disposition, within the meaning assigned by subparagraph b of the first paragraph of section 785.2, and the individual’s cost of acquiring the property at the particular time, are deemed to be those proceeds and that cost, determined without reference to this subparagraph, minus the least of

i.  the amount that would, but for this subparagraph c, have been the individual’s gain from the disposition of the property deemed by subparagraph b of the first paragraph of section 785.2 to have occurred,

ii.  the fair market value of the property at the particular time, and

iii.  the amount that the individual specifies, in accordance with subparagraph iii of paragraph c of subsection 6 of section 128.1 of the Income Tax Act, in the election for the purposes of that paragraph c; and

(d)  notwithstanding sections 1010 to 1011, any assessment of tax that is payable under this Part by the individual for a taxation year that is before the year that includes the particular time and that is not before the year that includes the emigration time shall be made by the Minister as is necessary to give effect to an election referred to in this paragraph, except that no such assessment shall affect the computation of

i.  interest payable under this Part to or by a taxpayer in respect of any period that is before the day on which the taxpayer’s fiscal return for the taxation year that includes the particular time is filed, or

ii.  any penalty payable under this Part.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 128.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2004, c. 8, s. 156; 2009, c. 5, s. 338.

785.2.3. If an individual, other than a trust, becomes resident in Canada at a particular time in a taxation year, owns at the particular time a property that the individual last acquired on a trust distribution to which section 688 would, but for section 692, have applied and at a time (in this section referred to as the “distribution time”) that was after 1 October 1996 and before the particular time, and was a beneficiary under the trust at the last time, before the particular time, at which the individual ceased to be resident in Canada, the following rules apply:

(a)  subject to subparagraphs b and c, section 688.1 does not apply to the distribution in relation to all properties acquired by the individual at the distribution time that were taxable Canadian properties of the individual throughout the period that began at the distribution time and that ends at the particular time, if the individual and the trust make, in relation to the distribution, a valid election under paragraph d of subsection 7 of section 128.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of all the properties;

(b)  if the application of section 238.4 would reduce the amount that would, but for that section and this section, have been the individual’s loss from the disposition of a property in respect of which an election referred to in subparagraph a is made, subparagraph c applies in respect of the individual, the trust and the property, if the individual

i.  had been resident in Canada at the distribution time,

ii.  had acquired the property at the distribution time at a cost equal to its fair market value at that time,

iii.  had ceased to be resident in Canada immediately after the distribution time, and

iv.  had, immediately before the particular time, disposed of the property for proceeds of disposition equal to its fair market value immediately before that time;

(c)  if this subparagraph applies in respect of an individual, a trust and a property, the following rules apply:

i.  despite subparagraph a of the first paragraph of section 688.1, the trust is deemed to have disposed of the property at the distribution time for proceeds of disposition equal to the aggregate of

(1)  the cost amount to the trust of the property immediately before the distribution time, and

(2)  the amount, if any, by which the reduction under section 238.4 described in subparagraph b exceeds the lesser of the cost amount to the trust of the property immediately before the distribution time and the particular amount, if any, which the individual and the trust specify in respect of the property, in accordance with subclause II of clause B of subparagraph i of paragraph f of subsection 7 of section 128.1 of the Income Tax Act, in the election referred to in subparagraph a for the purposes of that paragraph f, and

ii.  despite subparagraph b of the first paragraph of section 688.1, the individual is deemed to have acquired the property at the distribution time at a cost equal to the amount, if any, by which the amount otherwise determined under subparagraph b of the first paragraph of section 688 exceeds the lesser of the reduction under section 238.4 described in subparagraph b and the particular amount referred to in subparagraph 2 of subparagraph i;

(d)  despite subparagraphs a and b of the first paragraph of section 688.1, if the individual and the trust make a valid election under paragraph g of subsection 7 of section 128.1 of the Income Tax Act after 19 December 2006 in respect of each property that the individual owned throughout the period that began at the distribution time and that ends at the particular time and that is deemed by paragraph b of section 785.1 to have been disposed of because the individual became resident in Canada, the trust’s proceeds of disposition of the property under subparagraph a of the first paragraph of section 688.1 at the distribution time, and the individual’s cost of acquiring the property at the particular time, are deemed to be those proceeds and that cost, determined without reference to this subparagraph, minus the least of

i.  the amount that would, but for this subparagraph d, have been the trust’s gain from the disposition of the property deemed by subparagraph a of the first paragraph of section 688.1 to have occurred,

ii.  the fair market value of the property at the particular time, and

iii.  the amount that the individual and the trust specify, in accordance with subparagraph iii of paragraph g of subsection 7 of section 128.1 of the Income Tax Act, in the election for the purposes of that paragraph g;

(e)  if the trust ceases to exist before the individual’s filing-due date for the individual’s taxation year that includes the particular time and if, in accordance with subparagraph i of paragraph h of subsection 7 of section 128.1 of the Income Tax Act, the individual makes an election or specifies an amount, after 19 December 2006, in accordance with that subsection 7, the individual and the trust are solidarily liable for any amount payable under this Part by the trust as a result of the election or specification; and

(f)  despite sections 1010 to 1011, such assessment of tax payable under this Part by the trust or the individual for any year that is before the year that includes the particular time and that is not before the year that includes the distribution time shall be made by the Minister as is necessary to give effect to an election referred to in this paragraph, except that such assessments are not to affect the computation of

i.  interest payable under this Part to or by the trust or the individual in respect of any period that is before the individual’s filing-due date for the taxation year that includes the particular time, or

ii.  any penalty payable under this Part.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 7 of section 128.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2004, c. 8, s. 156; 2009, c. 5, s. 339.

785.2.4. Except for the purposes of subparagraph c of the first paragraph of section 785.2, if an individual, other than a trust, is deemed under subparagraph b of that paragraph to have disposed of a capital property at a particular time after 1 October 1996, disposed of the capital property at a later time at which the capital property was a taxable Canadian property of the individual, and makes a valid election under subsection 8 of section 128.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the capital property, there must be deducted from the individual’s proceeds of disposition of the capital property at the particular time, and added to the individual’s proceeds of disposition of the capital property at the later time, an amount equal to the least of

(a)  the amount specified in the election in respect of the capital property;

(b)  the amount that would, but for the election, be the individual’s gain from the disposition of the capital property at the particular time; and

(c)  the amount that would be the individual’s loss from the disposition of the capital property at the later time, if the loss were determined having reference to every other provision of this Part including sections 238.4 and 738 to 745, but without reference to the election.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 8 of section 128.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2004, c. 8, s. 156; 2009, c. 5, s. 340.

785.2.5. An individual who ceases at a particular time in a taxation year to be resident in Canada, and who owns immediately after the particular time one or more reportable properties the fair market value of which at that time is greater than $25,000, shall file with the Minister in prescribed form, on or before the individual’s filing-due date for the year, a list of all the reportable properties that the individual owned immediately after the particular time.

2004, c. 8, s. 156.

CHAPTER II CROSS-BORDER MERGERS

2004, c. 8, s. 156.

785.3. Where a corporation formed at a particular time by the amalgamation or merger of, or by a plan of arrangement or other corporate reorganization in respect of, two or more corporations, each of which is referred to in this section as a “predecessor”, is

(a)  resident in Canada at the particular time, a predecessor that was not immediately before the particular time resident in Canada is deemed to have become resident in Canada immediately before that time; or

(b)  not resident in Canada at the particular time, a predecessor that was immediately before that time resident in Canada is deemed to have ceased to be resident in Canada immediately before that time.

The first paragraph does not apply to reorganizations occurring because of the acquisition of property of one corporation by another corporation, pursuant to the purchase of the property by the other corporation or because of the distribution of the property to the other corporation on the winding-up of the corporation.

1995, c. 49, s. 179; 1997, c. 3, s. 71.

CHAPTER III REPLACED SECURITIES

2004, c. 8, s. 157; 2010, c. 25, s. 90.

785.3.1. For the purposes of sections 772.9.2 to 772.9.4, 785.2.2 to 785.2.4, 1033.2 and 1033.7, if, in a transaction to which any of sections 301 to 301.2, 537, 540.6 and 541 to 555.4 apply, a person acquires a share (in this section referred to as the “new share”) in exchange for another share or an investment in a SIFT wind-up entity (in this section referred to as the “old security”), the person is deemed not to have disposed of the old security, and the new share is deemed to be the same security as the old security.

2004, c. 8, s. 157; 2005, c. 23, s. 121; 2010, c. 25, s. 90.

TITLE I.2 MUTUAL FUND REORGANIZATIONS

1996, c. 39, s. 220.

785.4. In this Title,

“qualifying exchange” means a transfer at any time, referred to in this Title as the “transfer time”, of all or substantially all of the property of a mutual fund corporation (other than a SIFT wind-up corporation) or mutual fund trust to a mutual fund trust, referred to in this Title as the “transferor” or “transferee”, respectively, and as the “funds”, where

(a)  all or substantially all of the shares issued by the transferor and outstanding immediately before the transfer time are within 60 days after the transfer time disposed of to the transferor;

(b)  no person disposing of shares in the transferor to the transferor within that 60-day period, otherwise than pursuant to the exercise of a statutory right of dissent, receives any consideration for the shares other than units of the transferee; and

(c)  the funds make a valid election under paragraph c of the definition of “qualifying exchange” in subsection 2 of section 132.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the transfer;

“share” means a share of the capital stock of a mutual fund corporation and a unit of a mutual fund trust.

Where this Title applies in respect of a transfer, the prescribed form along with a copy of every document sent to the Minister of Revenue of Canada in respect of the transfer, in connection with the election referred to in paragraph c of the definition of “qualifying exchange” in the first paragraph, shall be sent to the Minister on or before the later of the last day of the six-month period following the end of the taxation year of the transferor in which the transfer was made and the last day of the two-month period following the end of that taxation year of the transferee.

1996, c. 39, s. 220; 1997, c. 85, s. 193; 2000, c. 5, s. 293; 2001, c. 7, s. 113; 2010, c. 25, s. 91.

785.5. Where a mutual fund corporation or a mutual fund trust has at any time disposed of a property to a mutual fund trust in a qualifying exchange,

(a)  the transferee is deemed to have acquired the property at the time, in this section referred to as the “acquisition time”, that is immediately after the time that is immediately after the transfer time, and not to have acquired the property at the transfer time;

(b)  funds are deemed to have a taxation year that begins immediately after the acquisition time and the last taxation year of funds that are trusts, begun before the transfer time, is deemed to end at the acquisition time;

(c)  the proceeds of disposition of the property to the transferor and the cost of the property to the transferee are deemed to be equal to the amount described in the first paragraph of section 785.6;

(d)  where the property is depreciable property and its capital cost to the transferor exceeds the transferor’s proceeds of disposition of the property under paragraph c, for the purposes of sections 93 to 104, 130 and 130.1 and any regulations made under paragraph a of section 130 or section 130.1,

i.  the property’s capital cost to the transferee is deemed to be the amount that was its capital cost to the transferor, and

ii.  the excess is deemed to have been allowed to the transferee as depreciation in respect of the property for taxation years ending before the transfer time;

(e)  (paragraph repealed);

(f)  each property of a fund, other than depreciable property of a prescribed class to which paragraph g would, but for this paragraph, apply, and property disposed of by the transferor to the transferee at the transfer time, is deemed to have been disposed of, and to have been reacquired by the fund, immediately before the acquisition time for an amount equal to the lesser of

i.  the fair market value of the property at the transfer time, and

ii.  the greater of

(1)  its cost amount or, where the property is depreciable property, the lesser of its capital cost and its cost amount to the disposing fund at the transfer time, and

(2)  the amount that the fund designates in respect of the property in a notification to the Minister filed with the prescribed form relating to the qualifying exchange filed pursuant to the second paragraph of section 785.4;

(g)  where the undepreciated capital cost to a fund of depreciable property of a prescribed class immediately before the acquisition time exceeds the aggregate of the fair market value of all the property of that class immediately before the acquisition time, and the amount in respect of property of that class otherwise allowed as depreciation under paragraph a of section 130 or deductible under the second paragraph of section 130.1 in computing the fund’s income for the taxation year that includes the transfer time, the excess shall be deducted in computing the fund’s income for the taxation year that includes the transfer time and is deemed to have been allowed as depreciation in respect of property of that class under paragraph a of section 130;

(h)  the transferor’s cost of any particular property received by the transferor from the transferee as consideration for the disposition of the property is deemed to be

i.  nil, where the particular property is a unit of the transferee, and

ii.  the particular property’s fair market value at the transfer time, in any other case;

(i)  the transferor’s proceeds of disposition of any units of the transferee received as consideration for the disposition of the property that were disposed of by the transferor within 60 days after the transfer time in exchange for shares of the transferor are deemed to be nil;

(j)  where shares of the transferor have been disposed of by a taxpayer to the transferor in exchange for units of the transferee within 60 days after the transfer time,

i.  the taxpayer’s proceeds of disposition of the shares and the cost to the taxpayer of the units are deemed to be equal to the cost amount to the taxpayer of the shares immediately before the transfer time, and

ii.  where all of the taxpayer’s shares of the transferor have been so disposed of, for the purpose of applying sections 251.1 to 251.7 in respect of the taxpayer after that disposition, the transferee is deemed to be the same entity as the transferor;

(k)  where a share to which paragraph j applies would, but for this paragraph, cease to be a qualified investment within the meaning assigned by subsection 1 of any of sections 146, 146.1, 146.3, 205 and 207.01 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) or by section 204 of that Act as a consequence of the qualifying exchange, the share is deemed to be a qualified investment until the earlier of the day that is 60 days after the transfer time and the day on which it is disposed of in accordance with paragraph j;

(l)  no amount in respect of a non-capital loss, net capital loss, restricted farm loss, farm loss or limited partnership loss of a fund for a taxation year that began before the transfer time is deductible in computing its taxable income for a taxation year that begins after the transfer time;

(m)  where the transferor is a mutual fund trust, for the purposes of sections 1121.1, 1121.2 and 1121.4 to 1121.6, the transferee is deemed after the transfer time to be the same mutual fund trust as, and a continuation of, the transferor;

(m.1)  where the transferor is a mutual fund corporation, the following rules apply:

i.  for the purposes of section 1118, the transferor is deemed in respect of any share disposed of in accordance with paragraph j to be a mutual fund corporation at the time of the disposition, and

ii.  for the purposes of Part IV, the transferor’s taxation year that, but for this paragraph, would have included the transfer time is deemed to have ended immediately before the transfer time and nothing in this paragraph shall affect the computation of any amount determined under this Part;

(n)  subject to subparagraph i of paragraph m.1, the transferor is, notwithstanding sections 1117 and 1120, deemed to be neither a mutual fund corporation nor a mutual fund trust for taxation years beginning after the transfer time.

1996, c. 39, s. 220; 1997, c. 85, s. 194; 2001, c. 7, s. 114; 2001, c. 53, s. 163; 2009, c. 5, s. 341; 2009, c. 15, s. 160.

785.6. The amount to which paragraph c of section 785.5 refers is

(a)  the amount established as proceeds of disposition of the property to the transferor and the cost of the property to the transferee under paragraph c of subsection 1 of section 132.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), except where subparagraph b applies;

(b)  subject to the third paragraph and if the conditions set out in the second paragraph are met for the transferor and for the transferee, the lesser of

i.  the fair market value of the property at the transfer time, and

ii.  the greatest of

(1)  the cost amount to the transferor of the property at the transfer time or, where the property is depreciable property, the lesser of its capital cost and its cost amount to the transferor immediately before the transfer time,

(2)  the amount agreed on jointly by the funds in respect of the property in the prescribed form relating to the qualifying exchange filed pursuant to the second paragraph of section 785.4, and

(3)  the fair market value at the transfer time of the consideration, other than units of the transferee, received by the transferor for the disposition of the property.

The conditions referred to in subparagraph b of the first paragraph are as follows:

(a)  in the case of an individual, the individual must be resident in Québec at the end of the individual’s taxation year in which the transfer is made and, if the second paragraph of section 22 applies to the individual for that year, the proportion applicable in respect of the individual in that second paragraph for that year must be not less than 9/10;

(b)  in the case of a corporation, the proportion that the business carried on by the corporation in Québec is of the aggregate of the business carried on in Canada or in Québec and elsewhere established by the regulations made under section 771 for its taxation year in which the transfer is made, must be not less than 9/10.

However, subparagraph b of the first paragraph does not apply in respect of property unless all or substantially all of the difference between the amount that would, but for subparagraph b, be referred to in respect of the property in subparagraph a of the first paragraph and the amount determined in its respect in that subparagraph b, is justified by a difference between the cost amount of the property to the transferor, immediately before the disposition, for the purposes of Part I of the Income Tax Act and the cost amount, at that time, for the purposes of this Part, or by another reason considered by the Minister to be acceptable in the circumstances.

Where two or more depreciable properties of a prescribed class are disposed of by the transferor to the transferee in the same qualifying exchange, subparagraph b of the first paragraph applies as if each property so disposed of had been separately disposed of in the order designated by the transferor in the prescribed form relating to the qualifying exchange filed pursuant to the second paragraph of section 785.4 or, if the transferor does not so designate any such order, in the order designated by the Minister.

1997, c. 85, s. 195; 2001, c. 7, s. 115; 2002, c. 40, s. 88; 2009, c. 5, s. 342.

TITLE II PATRONAGE DIVIDENDS

1972, c. 23.

786. A taxpayer may deduct, according to the conditions provided in this Title, in computing his income for a taxation year, the patronage dividends which he makes in the year or within twelve months thereafter to all his customers of the year; he may also deduct patronage dividends which he has made in the year or in the twelve months thereafter to his customers of a previous year if the deduction was not permitted from his income for such previous year.

1972, c. 23, s. 595.

786.1. Section 786 applies to a payment made by a taxpayer to a customer with whom the taxpayer does not deal at arm’s length only if

(a)  the taxpayer is a cooperative described in section 119.2R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) or a savings and credit union; or

(b)  the payment is a prescribed payment.

2005, c. 38, s. 203; 2009, c. 15, s. 161.

787. A patronage dividend is deductible if the prospect of a right to such patronage dividend was held forth to the taxpayer’s customers for the year.

1972, c. 23, s. 596.

788. The condition contemplated in section 787 shall be fulfilled if:

(a)  it is provided for in the statute under which the taxpayer was incorporated or registered, its charter, articles of association or by-laws or contract with the customer, that amounts might be credited to the customer who is a member or non-member as a patronage dividend;

(b)  the taxpayer has held forth that prospect to customers who are members or non-members by an advertisement in a form satisfactory to the Minister and published before the beginning of the year or before any other date prescribed for his kind of business, in one or more newspapers in general circulation in the greater part of the area where the taxpayer carries on business.

The taxpayer must send the Minister copies of such newspapers within the first 30 days of the taxation year or within the 30 days following the prescribed date.

1972, c. 23, s. 597; 1997, c. 3, s. 71; 2001, c. 53, s. 164.

789. A patronage dividend must be computed at the same rate for all customers, taking into account the differences for various categories and qualities of goods furnished to the taxpayer.

It must also be computed in proportion to the quality, the quantity or the value of goods which the taxpayer has acquired from the customer or on his behalf, has marketed for the customer or has sold to him or the services which the taxpayer has rendered to the customer.

1972, c. 23, s. 598.

790. For the purposes of this Title, where a person has sold or delivered a quantity of goods to a marketing board established by a law of Canada or of a province, the marketing board has sold or delivered the same quantity of goods of the same class or quality to a taxpayer of which the person is a member, and the taxpayer has credited that person with an amount based on the quantity of goods sold or delivered to it by the marketing board, such person is deemed to have sold or delivered that quantity of goods to the taxpayer, and the taxpayer is deemed to have acquired it from that person.

1975, c. 22, s. 213.

791. A patronage dividend may be in the form of a certificate of indebtedness or a share issued by the taxpayer or by a corporation of which the taxpayer is a subsidiary wholly-owned corporation.

In such case, however, the taxpayer or that corporation must have disbursed in the year or within 12 months thereafter an amount of money equal to the aggregate of the principal amount of all certificates of indebtedness or shares issued in the course of purchasing or redeeming certificates of indebtedness or shares of the taxpayer or of that corporation previously issued.

A patronage dividend may also be in the form of a payment applied to a loan made by the taxpayer to a member or an amount applied to the obligation of the member to make a loan to the taxpayer, or on account of payment for shares issued to a member, either at the request of the member or pursuant to a statute or by-law of the taxpayer.

Every payment which under section 314 must be included in computing the income of a member constitutes a patronage dividend.

1972, c. 23, s. 599; 1997, c. 3, s. 71.

792. (1)  Where a patronage dividend is computed at a different rate in the case of persons qualifying as members, the amount that may be deducted under section 786 is equal to the lesser of the aggregate of patronage dividends made by the taxpayer and mentioned in section 786 and the aggregate of the part of the income of the taxpayer for the year attributable to business done with members and such patronage dividends made to non-member customers of the year.

(2)  A person qualifies as a member, for the purposes of this Title, if, as a member or shareholder, he is entitled to full voting rights in the conduct of the affairs of a taxpayer, being a corporation, or of a corporation of which the taxpayer is a subsidiary wholly-owned corporation.

1972, c. 23, s. 600; 1989, c. 77, s. 88; 1997, c. 3, s. 71.

792.1. Where, in a taxation year ending after 31 December 1985, all or a portion of a patronage dividend made by a taxpayer to his customers who are members is not deductible in computing his income for the year because of the application of subsection 1 of section 792, in this section referred to as the "undeducted portion", the taxpayer may deduct, in computing his income for a subsequent taxation year, an amount equal to the lesser of

(a)  the undeducted portion, except to the extent that that portion was deducted in computing his income for any preceding taxation year; and

(b)  the amount by which the taxpayer’s income for the subsequent taxation year, computed without reference to this section, attributable to business done with his customers of that year who are members exceeds the amount deducted in computing his income for the subsequent taxation year by virtue of section 786 in respect of patronage dividends made by him to his customers of that year who are members.

1989, c. 77, s. 89.

793. The taxpayer’s income attributable to business done with members is computed, for the purposes of section 792, by establishing the portion of the taxpayer’s income, before any deduction permitted by this Title, that the proportion that the value of the business done in the year with the members is to that made with all customers. Such business includes the value of the goods or products which the taxpayer has acquired during the year from his customers or has marketed on behalf of his customers or has sold to them or the services which he has rendered to them.

1972, c. 23, s. 601.

794. (Repealed).

1972, c. 23, s. 602; 1973, c. 17, s. 92; 1979, c. 38, s. 24; 1986, c. 15, s. 128.

795. A taxpayer must include in computing his income for the taxation year every patronage dividend which he receives during that year. He must also include in his income the principal amount of a certificate of indebtedness or of a share issued to him as a patronage dividend for the year in which he received it and not in the year when the debt was discharged or the share redeemed.

1972, c. 23, s. 603.

796. A taxpayer is not however bound to include in computing his income a patronage dividend respecting property or services, other than a patronage dividend computed in relation to the volume of work carried on by the taxpayer for his cooperative or for a corporation of which his cooperative is a shareholder, the cost of which he may not deduct in computing his income from business or property.

1972, c. 23, s. 604; 1990, c. 7, s. 79; 1997, c. 3, s. 71.

TITLE III SAVINGS AND CREDIT UNIONS

1972, c. 23.

797. (1)  A savings and credit union, hereinafter called a “credit union”, is a corporation, association or federation constituted, organized or registered as a savings and credit union, as a financial services cooperative or as a cooperative credit society that conforms to the requirements of subsection 2, 3 or 4.

(2)  All or substantially all of the revenues of a credit union must derive from:

(a)  loans made to, or cashing cheques for, members;

(b)  debt obligations or securities of the Gouvernement du Québec, of the Government of Canada, of another province or of a Canadian municipality, a municipal or public body performing a function of government in Canada or an agency of such a government or body, or debt obligations or securities guaranteed by such a government or by an agency of such a government;

(c)  debt obligations of a corporation, commission or association not less than 90% of the shares or capital of which is owned by the Gouvernement du Québec, the Government of Canada or another province or by a Canadian municipality, deposits with such a corporation, commission or association or debt obligations or deposits guaranteed by such a corporation, commission or association;

(d)  debt obligations of a bank, another credit union or a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, deposits with a bank or such a credit union or corporation, or debt obligations or deposits guaranteed by a bank or such a credit union or corporation;

(e)  charges, fees and dues levied directly or indirectly from its members;

(f)  loans made to a cooperative credit society of which the credit union is a member or deposits with such a society; or

(g)  any other prescribed revenue source.

(3)  All or substantially all the members of a credit union having full voting rights must be corporations, associations, federations or confederations

(a)  incorporated as credit unions or cooperative credit societies which derive all or substantially all of their revenues from sources described in subsection 2 or whose members are all or substantially all credit unions, cooperatives or a combination thereof;

(b)  incorporated, organized or registered under, or governed by a law of Québec, Canada or another province with respect to cooperatives;

(c)  incorporated or organized for charitable purposes; or

(d)  no part of the income of which may be distributed to, or be available for the benefit of, any shareholder or member.

(4)  A corporation, association, federation or confederation would be a credit union by virtue of subsection 3 if all the members, other than individuals, having full voting rights in each credit union which is a member of that corporation, association, federation or confederation were members having full voting rights in the corporation, association, federation or confederation.

1972, c. 23, s. 605; 1975, c. 22, s. 214; 1977, c. 5, s. 14; 1982, c. 5, s. 146; 1988, c. 64, s. 587; 1993, c. 16, s. 294; 1995, c. 49, s. 236; 1997, c. 3, s. 40; 2000, c. 29, s. 656.

798. For the purposes of this Title, a member of a credit union means

(a)  a person who is recorded as a member on the records of the credit union and is entitled to participate in and use the services of the credit union; and

(b)  a registered retirement savings plan, a registered retirement income fund or a registered education savings plan, the annuitant or subscriber under which is a person described in paragraph a.

1972, c. 23, s. 606; 1982, c. 5, s. 147; 2009, c. 5, s. 343.

799. (Repealed).

1972, c. 23, s. 607; 1990, c. 59, s. 301; 1993, c. 16, s. 295; 2000, c. 39, s. 102.

800. A credit union may, in computing its income for a taxation year, deduct the aggregate of the payments it makes to its members in the year or within twelve months thereafter, as bonus interest payments or pursuant to allocations in proportion to the loans made to its members.

Such deduction is permitted, however, only if such payments were not deductible from the income of the credit union for the preceding taxation year.

Furthermore, such a deduction is permitted only if such payments are credited for the year by the credit union to the member, at the same rate as that at which such payments are similarly credited for the year to all other members of the credit union. Those payments are computed at a rate depending, in the case of bonus interest payments, on the amount of interest payable to the member in the year, on the amount of money the member has on deposit with the credit union, and, in other cases, on the amount of interest payable by the member on the borrowed money or the amount of money that he borrowed from the credit union.

1972, c. 23, s. 608; 1975, c. 22, s. 215; 1982, c. 5, s. 148; 1995, c. 49, s. 180.

801. Notwithstanding any other provision of this Part, a payment received or receivable by a member of a credit union in respect of a share of the capital stock of the credit union is deemed, where the share is not listed on a designated stock exchange, to have been received or to be receivable from the credit union as interest except if the payment is made or is to be made as or on account of a reduction of the paid-up capital, redemption, acquisition or cancellation of the share by the credit union, to the extent of the paid-up capital of that share, and such payment as interest is deductible in computing the income of the credit union.

1972, c. 23, s. 609; 1975, c. 22, s. 216; 1995, c. 49, s. 181; 2003, c. 2, s. 252; 2010, c. 5, s. 77.

802. Notwithstanding any other provision of this Part, an amount that is deemed under section 801 to be received or receivable as interest is deemed not to be received or receivable as a dividend.

1975, c. 22, s. 217; 1994, c. 22, s. 277; 1995, c. 49, s. 182.

803. A taxpayer must include in computing his income any payment which he receives from a credit union in respect of an allocation in proportion to borrowing for the purpose of earning income from a business or property otherwise than to acquire property the income from which would be exempt from tax or a life insurance policy.

1972, c. 23, s. 610.

803.1. If a credit union makes, in relation to a taxation year, a valid election under subsection 5.1 of section 137 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 to allocate an amount to another credit union that is one of its members, the credit union is deemed to have allocated to the other credit union in respect of the year such portion of each of the following amounts as may reasonably be considered to be the other credit union’s share:

(a)  the lesser of the aggregate of the amounts described in paragraph a of that subsection 5.1 in relation to the year and the aggregate of all amounts each of which is a taxable dividend received by the credit union from a taxable Canadian corporation in the year;

(b)  the lesser of the excess amount determined under paragraph b of that subsection 5.1 in relation to the year and the amount by which the aggregate of all amounts each of which is the amount by which the credit union’s capital gain from the disposition of a property in the year exceeds its taxable capital gain from the disposition, exceeds the aggregate of all amounts each of which is the amount by which the credit union’s capital loss from the disposition of a property in the year exceeds its allowable capital loss from the disposition; and

(c)  the lesser of the aggregate of the amounts described in paragraph c of that subsection 5.1 in relation to the year and the aggregate of the amounts deductible under paragraph c of section 803.2 in computing the credit union’s taxable income for the year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 5.1 of section 137 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1982, c. 5, s. 149; 1993, c. 16, s. 296; 1997, c. 3, s. 71; 2009, c. 5, s. 344.

803.2. Despite any other provision of this Part, if an election referred to in the first paragraph of section 803.1 has been made by a credit union in relation to a taxation year, the following rules apply:

(a)  the credit union shall deduct from the amount that would, but for this section, be deductible in computing its taxable income for the year under sections 738 to 745, any amount determined in respect of the year, for members to which the election applies, under the first paragraph of section 803.1 in relation to the amounts referred to in subparagraph a of that paragraph;

(b)  the credit union shall include in computing its income for the year any amount determined in respect of the year, for members to which the election applies, under the first paragraph of section 803.1 in relation to the amounts referred to in subparagraphs b and c of that paragraph; and

(c)  each member to which the election applies and in respect of which an amount is determined under the first paragraph of section 803.1 may deduct that amount in computing its taxable income for its taxation year that includes the last day of the credit union’s taxation year in respect of which the amount was so determined.

1982, c. 5, s. 149; 1993, c. 16, s. 297; 1994, c. 22, s. 278; 2009, c. 5, s. 344.

TITLE IV DEPOSIT INSURANCE CORPORATIONS

1975, c. 22, s. 218; 1997, c. 3, s. 71.

CHAPTER I GENERALITIES AND DEFINITIONS

1975, c. 22, s. 218.

804. For the purposes of this Title, a deposit insurance corporation is:

(a)  a corporation incorporated by the Canada Deposit Insurance Corporation Act (Revised Statutes of Canada, 1985, chapter C-3), or

(b)  a corporation incorporated by or under a law of Québec, of another province or of Canada respecting the establishment of a stabilization fund or board which meets the requirements of section 805.

1975, c. 22, s. 218; 1997, c. 3, s. 71.

805. The deposit insurance corporation defined in paragraph b of section 804 qualifies as such for a taxation year only if it was incorporated primarily to provide or administer a stabilization, liquidity or mutual aid fund for a savings and credit union and to assist in the payment of any losses suffered by the members of such a union in liquidation and if throughout the year it was a Canadian corporation to which the cost amount of all its property, other than a debt obligation of, or a share of the capital stock of, a member institution issued by the member institution at a time when it was in financial difficulty, was at least 50% of the cost amount of the following property:

(a)  bonds, debentures, notes, hypothecary claims, mortgages or similar obligations hereinafter called “obligations” issued or guaranteed by the Gouvernement du Québec, the Government of Canada or of another province, by a mandatary of any of such governments, by a Canadian municipality or by a municipal or public body performing a function of government in Canada, by a corporation, commission or association not less than 90% of the shares, capital or property of which is owned by the State, Her Majesty in right of a province, other than Québec, or a Canadian municipality, or by a wholly-controlled subsidiary of such a corporation, commission or association, or by an educational institution or hospital centre if, in this last case, repayment of the principal amount thereof and payment of the interest thereon is to be made or is guaranteed or otherwise secured by the government of a province;

(b)  any deposit, deposit certificate or guaranteed investment certificate with a bank, with a corporation licensed or otherwise authorized by or under the laws of Canada or a province to carry on in Canada or in a province the business of offering to the public its services as trustee, or with a central or a savings and credit union that is a member of the Canadian Payments Association or a savings and credit union that is a member or shareholder of a central that is itself a member of the Canadian Payments Association;

(c)  any money of the corporation; and

(d)  in relation to a particular deposit insurance corporation, a debt obligation and a share of the capital stock of a subsidiary wholly-owned corporation of the particular corporation where the subsidiary is deemed, under section 806.1, to be a deposit insurance corporation.

However, in applying the first paragraph with regard to the 1975 taxation year, the words “throughout the year” therein are replaced by the words “on the last day of the year”.

1975, c. 22, s. 218; 1977, c. 5, s. 14; 1984, c. 15, s. 181; 1989, c. 77, s. 90; 1990, c. 59, s. 302; 1993, c. 16, s. 298; 1996, c. 39, s. 221; 1997, c. 3, s. 71; 1998, c. 16, s. 188; 2001, c. 7, s. 116; 2005, c. 1, s. 194; 2010, c. 5, s. 78.

806. For the purposes of this Title, “member institution” in relation to a deposit insurance corporation, means an institution whose liabilities in respect of deposits are insured by that corporation or a savings and credit union that is qualified for assistance from that corporation.

1975, c. 22, s. 218; 1997, c. 3, s. 71.

806.1. For the purposes of this Title, except paragraph b of section 804 where paragraph a of subsection 1 of section 771 refers to it, the second paragraph of section 808, subparagraphs i and ii of paragraph c of section 810 and paragraph a of section 815, a subsidiary wholly-owned corporation of a particular corporation described in section 804 is deemed to be a deposit insurance corporation, and any member institution of the particular corporation is deemed to be a member institution of the subsidiary, where all or substantially all of the property of the subsidiary has at all times since the subsidiary was incorporated consisted of

(a)  property described in subparagraphs a to d of the first paragraph of section 805;

(b)  shares of the capital stock of a member institution of the particular corporation obtained by the subsidiary at a time when the member institution was in financial difficulty;

(c)  debt obligations issued by a member institution of the particular corporation at a time when the member institution was in financial difficulty;

(d)  property acquired from a member institution of the particular corporation at a time when the member institution was in financial difficulty; or

(e)  any combination of property described in paragraphs a to d.

1989, c. 77, s. 91; 1995, c. 49, s. 183; 1997, c. 3, s. 71.

807. Notwithstanding any other provision of this Part, a deposit insurance corporation is deemed not to be a private corporation nor a savings and credit union.

1975, c. 22, s. 218; 1997, c. 3, s. 71.

CHAPTER II RULES APPLICABLE TO THE COMPUTATION OF INCOME

1975, c. 22, s. 218.

808. Unless otherwise provided for in this Title, a deposit insurance corporation must, for the purposes of computing its income for a taxation year, comply with the rules provided for that purpose in this Part and must include or may deduct the amounts determined in this chapter.

The following amounts must not be included in computing the income of a deposit insurance corporation for a taxation year:

(a)  any premium or assessment received, or receivable, by the corporation in the year from a member institution; and

(b)  any amount received by the corporation in the year from another deposit insurance corporation to the extent that that amount can reasonably be considered to have been paid out of amounts referred to in paragraph a received by that other deposit insurance corporation in any taxation year.

1975, c. 22, s. 218; 1984, c. 15, s. 182; 1997, c. 3, s. 71; 2009, c. 5, s. 345.

809. A deposit insurance corporation must include:

(a)  the aggregate of profits or gains made in the year by the corporation in respect of the disposition of an obligation which it owned;

(b)  the portion included in the computation of its profits for the year, of the amount by which, at the time the corporation acquired it, the principal amount of each obligation owned by the corporation at the end of the year exceeded the cost of acquiring it;

(c)  (paragraph repealed).

1975, c. 22, s. 218; 1990, c. 59, s. 303; 1997, c. 3, s. 71.

810. A deposit insurance corporation may deduct:

(a)  the aggregate of the losses it has sustained during the year from the disposition of obligations owned by it and issued by other than a member institution;

(b)  the portion, deducted in computing its profits for the year, of the amount by which the cost to the corporation of acquiring each obligation it owns at the end of the year exceeded the principal amount thereof at the time it was so acquired;

(c)  the aggregate of the expenses it has incurred:

i.  in collecting premiums and assessments from member institutions;

ii.  in the performance of its duties as curator of a bank or as liquidator or receiver of a member institution when duly appointed to such duties;

iii.  in the course of making or causing to be made such inspections as may reasonably be considered to be appropriate for assessing the solvency or financial stability of a member institution; and

iv.  in supervising or administering a member institution in financial difficulty; and

(d)  the aggregate of all amounts each of which is an amount that is not otherwise deductible by the corporation for the year or any other taxation year and that is

i.  an amount paid by the corporation in the year pursuant to a legal obligation to pay interest on borrowed money used to lend money to, or otherwise provide assistance to, a member institution in financial difficulty, to assist in the payment of any losses suffered by members or depositors of a member institution in financial difficulty, to lend money to a subsidiary wholly-owned corporation of the corporation where the subsidiary is deemed by section 806.1 to be a deposit insurance corporation, to acquire property from a member institution in financial difficulty, or to acquire shares of the capital stock of a member institution in financial difficulty; or

ii.  an amount paid by the corporation in the year pursuant to a legal obligation to pay interest on an amount that would be deductible under subparagraph i if it were paid in the year.

1975, c. 22, s. 218; 1986, c. 19, s. 165; 1989, c. 77, s. 92; 1997, c. 3, s. 71.

811. (Repealed).

1975, c. 22, s. 218; 1990, c. 59, s. 304.

812. (Repealed).

1975, c. 22, s. 218; 1990, c. 59, s. 304.

813. No deposit insurance corporation may deduct an amount in computing its income in respect of

(a)  any grant, subsidy or other assistance provided by it to a member institution;

(b)  the amount paid or payable by the corporation to acquire a property in excess of the fair market value of such property at the time it was acquired;

(c)  any amount paid to a member institution as allocation in proportion to the premiums or assessments contemplated in the second paragraph of section 808;

(c.1)  any amount paid by it to another deposit insurance corporation that is, because of subparagraph b of the second paragraph of section 808, not included in computing the income of that other deposit insurance corporation; or

(d)  (paragraph repealed);

(e)  any amount otherwise deductible under section 141 in respect of debts owing to it by its member institutions, and which has not been included in computing its income for the year or a preceding taxation year.

1975, c. 22, s. 218; 1986, c. 19, s. 166; 1990, c. 59, s. 305; 1997, c. 3, s. 71; 2009, c. 5, s. 346.

CHAPTER III RULES APPLICABLE TO A MEMBER INSTITUTION

1975, c. 22, s. 218.

814. For the purposes of this Part, every member institution in computing its income for a taxation year must include:

(a)  an amount described in paragraphs a to c of section 813 received by it during the year from a deposit insurance corporation, to the extent that it has not repaid the amount to the deposit insurance corporation in the year;

(b)  an amount received during the year from a deposit insurance corporation by a depositor or a member of the member institution as total or partial payment of a deposit with, or capital stock of, the member institution to the extent that it has not repaid the amount to the deposit insurance corporation in the year;

(c)  when, at any time during such year, the obligation of a member institution to pay an amount to a deposit insurance corporation is settled or extinguished without any payment by the member institution or by the payment of an amount less than the principal amount, the amount by which the principal amount exceeds the amount paid by it on the settlement or extinguishment of the obligation to the extent that the excess is not otherwise required to be included in computing the member institution’s income for the year or a preceding taxation year.

For the purposes of subparagraph c of the first paragraph, an amount of interest payable by a member institution to a deposit insurance corporation on an obligation is deemed to have a principal amount equal to that amount.

1975, c. 22, s. 218; 1989, c. 77, s. 93; 1997, c. 3, s. 71.

815. A member institution in computing its income for a taxation year may deduct the following amounts:

(a)  any premium or assessment referred to in the second paragraph of section 808 which is paid or payable by it in the year, to the extent that it was not deducted by it in computing its income for a preceding taxation year;

(b)  any amount repaid by the member institution in the year to a deposit insurance corporation on account of an amount described in subparagraph a or b of the first paragraph of section 814 that was received in a preceding taxation year, to the extent that it was not excluded from the member institution’s income by reason of section 815.1 for the preceding year.

1975, c. 22, s. 218; 1990, c. 59, s. 306; 1997, c. 3, s. 71.

815.1. Where a member institution has in a taxation year repaid an amount to a deposit insurance corporation on account of an amount that was included by virtue of subparagraph a or b of the first paragraph of section 814 in computing its income for a preceding taxation year, where the member institution has filed its fiscal return required by section 1000 for the preceding year, and where, on or before the member institution’s filing-due date for the taxation year, it has filed an amended fiscal return for the preceding year excluding from its income for that year the amount repaid, the amount repaid shall be excluded from the amount otherwise included by virtue of subparagraph a or b of the first paragraph of section 814 in computing the member institution’s income for the preceding year and the Minister shall make such reassessment of the tax, interest and penalties payable by the member institution for preceding taxation years as is necessary to give effect to the exclusion.

1989, c. 77, s. 94; 1997, c. 3, s. 71; 1997, c. 31, s. 86.

TITLE V INSURANCE CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

CHAPTER I GENERAL RULES

1972, c. 23.

816. Every corporation, whether or not a mutual corporation, hereinafter called “insurer”, which carries on in Québec, for pecuniary gain, an insurance business of any class whatever during a taxation year must compute its income and its taxable income for that year in accordance with this Title.

1972, c. 23, s. 611; 1997, c. 3, s. 71.

817. For the purposes of this Part, a corporation is deemed to carry on an insurance business in a taxation year if, during that year, it is a party to an insurance contract or other arrangement of a particular class whereby it can reasonably be regarded as undertaking:

(a)  to insure other persons against loss, damage or expense of any kind; or

(b)  to pay insurance benefits to other persons on the death of any person, on the occurrence of an event or contingency dependent on human life, for a term dependent on human life or at a fixed or determinable future time.

The same applies whatever be the form and scope of such contract or arrangement, and even if the persons contemplated are members or shareholders of the corporation.

1972, c. 23, s. 612; 1997, c. 3, s. 71; 1998, c. 16, s. 189.

818. In this Title, “designated insurance property” for a taxation year of an insurer, other than an insurer resident in Canada that at no time in the year carried on a life insurance business, that, at any time in the year, carried on an insurance business in Canada and elsewhere means property determined in accordance with the prescribed rules.

However, in its application to any taxation year, “designated insurance property” for the taxation year 1998 or a preceding taxation year means property that was, under this section as it read in its application to any taxation year that ended in 1996, property used or held by an insurer in the year in the course of carrying on an insurance business in Canada.

1972, c. 23, s. 613; 1978, c. 26, s. 138; 1998, c. 16, s. 190; 2004, c. 8, s. 158.

818.1. Notwithstanding any other provision of this Part, an insurance corporation, other than a life insurance corporation, that would otherwise be a private corporation is, for the purposes of section 308.6 and paragraph b of section 570, deemed not to be a private corporation.

1984, c. 15, s. 183; 1997, c. 3, s. 71; 1997, c. 14, s. 143.

819. (Repealed).

1977, c. 26, s. 83; 1978, c. 26, s. 139.

820. (Repealed).

1977, c. 26, s. 83; 1978, c. 26, s. 139.

821. (Repealed).

1972, c. 23, s. 614; 1977, c. 26, s. 84; 1978, c. 26, s. 140.

CHAPTER II COMPUTATION OF INCOME OF AN INSURER

1972, c. 23.

DIVISION I RULES APPLICABLE TO ALL INSURERS

1972, c. 23.

822. The following rules apply for the purposes of computing the income of an insurer:

(a)  any amount received under a contract or arrangement mentioned in section 817 is deemed to be received in the course of carrying on such insurance business;

(b)  his income must, except when otherwise provided in this Title, be computed in accordance with the rules applicable to the computation of the income for the purposes of this Part;

(c)  any income from property vested in the insurer is deemed to be his income; and

(d)  all taxable capital gains and allowable capital losses resulting from the disposition of property vested in the insurer are deemed to be such gains or losses of the insurer.

1972, c. 23, s. 615; 1973, c. 17, s. 93.

DIVISION II RULES APPLICABLE TO CERTAIN INSURERS

1972, c. 23.

823. The rules contained in sections 824 to 829 apply to any insurer, except insurers resident in Canada who do not carry on a life insurance business.

1972, c. 23, s. 616.

824. Despite any other provision of this Part, the following rules apply to an insurer:

(a)  if a life insurer resident in Canada carries on an insurance business in Canada and elsewhere in a taxation year,

i.  its income or loss for the year from carrying on an insurance business is the amount of its income or loss for the year from carrying on the insurance business in Canada,

ii.  in computing the insurer’s income or loss for the year from the insurance business carried on by it in Canada, no amount is to be included in respect of the insurer’s gross investment revenue for the year derived from property used or held by it in the course of carrying on an insurance business that is not designated insurance property for the taxation year of the insurer, and

iii.  in computing the insurer’s taxable capital gains or allowable capital losses for the year from dispositions of capital property (in this subparagraph referred to as “insurance business property”) that, at the time of the disposition, was used or held by the insurer in the course of carrying on an insurance business,

(1)  there is to be included each taxable capital gain or allowable capital loss of the insurer for the year from a disposition in the year of an insurance business property that was a designated insurance property for the taxation year of the insurer, and

(2)  there is not to be included any taxable capital gain or allowable capital loss of the insurer for the year from a disposition in the year of an insurance business property that was not a designated insurance property for the taxation year of the insurer; and

(b)  if an insurer not resident in Canada carries on an insurance business in Canada in a taxation year,

i.  its income or loss for the year from carrying on an insurance business is the amount of its income or loss for the year from carrying on the insurance business in Canada,

ii.  in computing the insurer’s income or loss for the year from the insurance business carried on by it in Canada, no amount is to be included in respect of the insurer’s gross investment revenue for the year derived from property used or held by it in the course of carrying on an insurance business that is not designated insurance property for the taxation year of the insurer, and

iii.  in computing the insurer’s taxable capital gains or allowable capital losses for the year from dispositions of capital property (in this subparagraph referred to as “insurance business property”) that, at the time of the disposition, was used or held by the insurer in the course of carrying on an insurance business,

(1)  there is to be included each taxable capital gain or allowable capital loss of the insurer for the year from a disposition in the year of an insurance business property that was a designated insurance property for the taxation year of the insurer, and

(2)  there is not to be included any taxable capital gain or allowable capital loss of the insurer for the year from a disposition in the year of an insurance business property that was not a designated insurance property for the taxation year of the insurer.

1972, c. 23, s. 617; 1993, c. 16, s. 299; 1995, c. 63, s. 261; 1998, c. 16, s. 191; 2009, c. 5, s. 347.

825. An insurer carrying on an insurance business in Canada and elsewhere in a taxation year must include in computing its income for the year from carrying on its insurance businesses in Canada the aggregate of

(a)  its gross investment revenue for the year from its designated insurance property for the year; and

(b)  the amount prescribed in respect of the insurer for the year.

For the purposes of this section, gross investment revenue of an insurer for a taxation year is the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount deemed by paragraph b of section 125.0.1 to be paid by it in respect of the year as interest, or an amount deductible under paragraph b of section 851.22.4 in computing its income for the year:

(a)  any amount included in its gross revenue for the year, that is a taxable dividend or an amount received or receivable as, on account of, in lieu of or in satisfaction of, interest, rentals or royalties, other than an amount in respect of a debt obligation to which section 851.22.4 applies for the year;

(b)  its income for the year from each trust of which it is a beneficiary or from each partnership of which it is a member;

(c)  all amounts required by section 120 to be included in computing its income for the year;

(d)  any amount required under paragraph a of section 851.22.4 to be included in computing its income for the year or, except to the extent that such amount has been included in computing its gross investment revenue by virtue of subparagraph a, under section 92 or 167; and

(e)  the amount by which the aggregate of all amounts included by reason of paragraph c of section 312 in computing its income for the year exceeds the aggregate of all amounts deducted under paragraph f of section 336 in computing its income for the year.

1972, c. 23, s. 618; 1977, c. 26, s. 85; 1978, c. 26, s. 141; 1984, c. 15, s. 184; 1990, c. 59, s. 307; 1993, c. 16, s. 300; 1996, c. 39, s. 222; 1997, c. 3, s. 71; 1998, c. 16, s. 192.

825.0.1. Notwithstanding sections 851.22.4 to 851.22.22.11, where in a taxation year an insurer carries on an insurance business in Canada and elsewhere, the following rules apply in computing its income for the year from carrying on its insurance business in Canada:

(a)  sections 851.22.4, 851.22.5 and 851.22.14 to 851.22.22.11 apply only in respect of property that is designated insurance property for the year in respect of the business; and

(b)  sections 851.22.6 to 851.22.13 apply only in respect of the disposition of property that, for the taxation year in which the insurer disposed of it, was designated insurance property in respect of the business.

1996, c. 39, s. 223; 1998, c. 16, s. 193; 2010, c. 25, s. 92.

825.1. (Repealed).

1978, c. 26, s. 142; 1990, c. 59, s. 308.

826. (Repealed).

1972, c. 23, s. 619; 1973, c. 17, s. 94; 1978, c. 26, s. 143.

827. (Repealed).

1972, c. 23, s. 620; 1978, c. 26, s. 144.

828. (Repealed).

1972, c. 23, s. 621; 1977, c. 26, s. 86; 1978, c. 26, s. 145; 1993, c. 16, s. 301; 1998, c. 16, s. 194.

829. (Repealed).

1972, c. 23, s. 622; 1973, c. 17, s. 95; 1978, c. 26, s. 146.

830. (Repealed).

1977, c. 26, s. 87; 1978, c. 26, s. 147.

831. (Repealed).

1977, c. 26, s. 87; 1978, c. 26, s. 147.

832. An insurer may deduct in computing its income derived for the taxation year from the carrying on of an insurance business, other than a life insurance business, any amount credited by it for the year or a preceding taxation year in respect of that business to one of its policyholders by way of a policy dividend, refund of premiums or refund of premium deposits.

Such amount is, however, deductible only if it is, during the year or within the ensuing 12 months:

(a)  paid or unconditionally credited to the policyholder; or

(b)  applied in discharge, in whole or in part, of a liability of the policyholder to pay premiums to the insurer;

(c)  (subparagraph repealed).

1972, c. 23, s. 623; 1990, c. 59, s. 309; 1994, c. 22, s. 279; 1996, c. 39, s. 273; 2001, c. 53, s. 165.

832.0.1. An insurer shall include in computing its income derived from the carrying on of an insurance business for its first taxation year that commences after 17 June 1987 and ends after 31 December 1987, in this section referred to as its “taxation year 1988”, the amount by which

(a)  the aggregate of all amounts each of which is an amount deducted by the corporation in computing its income for a taxation year ending before its taxation year 1988, pursuant to subparagraph c of the second paragraph of section 832 or pursuant to that paragraph by reason of paragraph b of section 841 as such paragraph b read in respect of that taxation year ending before its taxation year 1988, in respect of any amount credited to the account of the policyholder on terms that he is entitled to payment thereof on or before the expiry or termination of the policy, exceeds

(b)  the aggregate of all amounts each of which is an amount paid or unconditionally credited to a policyholder or applied in discharge, in whole or in part, of a liability of the policyholder to pay premiums to the insurer before the insurer’s taxation year 1988 in respect of the amounts credited to the account of the policyholder referred to in paragraph a.

1990, c. 59, s. 310; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

832.1. Subject to section 832.1.1, where a property of a life insurer resident in Canada that carries on an insurance business in Canada and elsewhere or of an insurer not resident in Canada is described in the second paragraph for a taxation year, the following rules apply:

(a)  the insurer is deemed to have disposed of the property at the beginning of the year for proceeds of disposition equal to its fair market value at that time and to have reacquired the property immediately after that time at a cost equal to that fair market value;

(b)  in the case of property referred to in subparagraph a of the second paragraph, any gain or loss arising from the disposition is deemed not to be a gain or loss from designated insurance property of the insurer for the year; and

(c)  in the case of property referred to in subparagraph b of the second paragraph, any gain or loss arising from the disposition is deemed to be a gain or loss from designated insurance property of the insurer for the year.

A property to which the first paragraph refers for a taxation year is

(a)  designated insurance property for the year that was owned by the insurer at the end of the preceding taxation year and was not designated insurance property of the insurer for that preceding year; or

(b)  property that is not designated insurance property for the year, was owned by the insurer at the end of the preceding taxation year and was designated insurance property of the insurer for that preceding year.

However, the first and second paragraphs shall be disregarded in applying sections 140, 140.1 and 818, subparagraph i of subparagraph e of the first paragraph of section 93 and subparagraph c of the second paragraph of that section where it refers to the capital cost of a property.

1984, c. 15, s. 185; 1985, c. 25, s. 135; 1990, c. 59, s. 311; 1996, c. 39, s. 224; 1998, c. 16, s. 195; 2001, c. 53, s. 166; 2004, c. 8, s. 159.

832.1.1. Section 832.1 does not apply to deem a disposition in a taxation year of a property of an insurer where the insurer is deemed by section 851.22.15 to have disposed of the property in the preceding taxation year.

1996, c. 39, s. 225; 1998, c. 16, s. 195.

832.2. Notwithstanding any other provision of this Part, where an insurer has a loss for a taxation year from the disposition, because of section 832.1, of a property other than a specified debt obligation, as defined in section 851.22.1, and the loss would, but for this section, have been deductible for the year, the loss shall be deductible only in the taxation year in which the taxpayer disposes of the property otherwise than because of section 832.1.

1984, c. 15, s. 185; 1996, c. 39, s. 226.

832.2.1. (Repealed).

1990, c. 59, s. 312; 1996, c. 39, s. 227.

832.3. The rules prescribed in the second paragraph apply where the following conditions are met:

(a)  an insurer not resident in Canada, in this section referred to as the “transferor”, has, at any time in a taxation year, ceased to carry on all or substantially all of an insurance business carried on by it in Canada in that year;

(b)  the transferor has, at the time referred to in subparagraph a or within 60 days after that time, transferred all or substantially all of the property, in this section referred to as the “transferred property”, that is owned by it at that time and that was designated insurance property in relation to the business for the taxation year that, because of the election referred to in subparagraph d, ended immediately before that time, to a corporation, in this section referred to as the “transferee”, that is a prescribed corporation which, immediately after that time, began to carry on that insurance business in Canada, and the consideration for the transfer includes shares of the capital stock of the transferee;

(c)  the transferee has, at the time referred to in subparagraph a or within 60 days thereafter, assumed or reinsured all or substantially all of the obligations of the transferor that arose in the course of carrying on the insurance business in Canada referred to in subparagraph a;

(d)  the transferor and the transferee have made a valid election under paragraph d of subsection 11.5 of section 138 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the transfer.

The rules referred to in the first paragraph are as follows:

(a)  subject to subparagraph g.1, where the fair market value, at the time referred to in subparagraph a of the first paragraph, of the consideration, other than shares of the capital stock of the transferee or a right to receive any such shares, received or receivable by the transferor for the transferred property does not exceed the aggregate of the cost amounts to the transferor, at that time, of the transferred property, the proceeds of disposition of the transferor and the cost to the transferee of the transferred property are deemed to be equal to the cost amount, at that time, to the transferor of the transferred property, and, in any other case, sections 521 to 526 and 528 shall be applied in respect of the transfer;

(b)  where sections 521 to 526 and 528 are not required to be applied in respect of the transfer, the cost to the transferor of any particular property, other than shares of the capital stock of the transferee or a right to receive any such shares, received or receivable by the transferor as consideration for the transferred property is deemed to be equal to the fair market value, at the time referred to in subparagraph a of the first paragraph, of the particular property;

(c)  where sections 521 to 526 and 528 are not required to be applied in respect of the transfer, the cost to the transferor of any share of the capital stock of the transferee received or receivable by the transferor as consideration for the transferred property is deemed to be equal to,

i.  where the share is a preferred share of any class of the capital stock of the transferee, the lesser of

(1)  the fair market value of that share immediately after the transfer of the transferred property, and

(2)  the amount determined by the formula

A × B/C,

ii.  where the share is a common share of any class of the capital stock of the transferee, the amount determined by the formula

D × E/F;

(d)  (subparagraph repealed);

(e)  for the purpose of determining the amount of gross investment revenue required by the first paragraph of section 825 to be included in computing the transferor’s income for the transferor’s particular taxation year that ended immediately before the time referred to in subparagraph a of the first paragraph and of determining its gains and losses from its designated insurance property for its subsequent taxation years, the transferor is deemed to have transferred the business referred to in subparagraph a of the first paragraph, the property referred to in subparagraph b of that paragraph and the obligations referred to in subparagraph c of that paragraph to the transferee on the last day of the particular taxation year;

(f)  for the purpose of determining the income of the transferor and the transferee for their taxation years following their particular taxation years that ended immediately before the time referred to in subparagraph a of the first paragraph, the amounts deducted by the transferor as reserves under sections 140, 140.1 and 140.2, the second paragraph of section 152 and paragraphs a, a.1 and d of section 840 in its particular taxation year in respect of the transferred property referred to in subparagraph b of the first paragraph or the obligations referred to in subparagraph c of that paragraph, are deemed to have been deducted by the transferee, and not the transferor, for its particular taxation year;

(f.1)  for the purpose of determining the income of the transferor and the transferee for their taxation years following their particular taxation years that ended immediately before the time referred to in subparagraph a of the first paragraph, the amounts included under paragraph e.1 of section 87 and paragraph a.1 of section 844 in computing the transferor’s income for its particular taxation year in respect of the insurance policies of the business referred to in subparagraph a of the first paragraph are deemed to have been included in computing the income of the transferee, and not of the transferor, for their particular taxation years;

(g)  for the purposes of this chapter, sections 87 to 87.4, 89 to 92.7, 92.21, 92.22, 128, 130 and 130.1, paragraph b of section 135, sections 137 to 143, 145 to 154, 155, 156, 157 to 157.3, 157.5 to 158, 160 to 163.1, 167, 167.1, 176 to 179, 183 and 835 to 851.22, paragraphs c and d of section 851.22.11 and sections 851.22.18, 851.22.20 and 966 to 977.1, the transferee is deemed, for its taxation years following its taxation year that ended immediately before the time referred to in subparagraph a of the first paragraph, to be a continuation of the transferor in respect of the transferred property, the business referred to in subparagraph a of the first paragraph and the obligations referred to in subparagraph c of that paragraph;

(g.1)  except for the purposes of this section, where the provisions of sections 521 to 526 and 528 are not required to be applied in respect of the transfer, the following rules apply to each transferred property that is a specified debt obligation, other than a mark-to-market property, within the meaning assigned by section 851.22.1:

i.  the transferor is deemed not to have disposed of that property, and

ii.  the transferee is deemed, in respect of that property, to be a continuation of the transferor;

(g.2)  for the purposes of sections 744.6 and 744.8 and the definition of “mark-to-market property” in section 851.22.1, the transferee is deemed to be a continuation of the transferor in respect of the transferred property;

(h)  for the purposes of this section and section 832.5, the fair market value of consideration received by the transferor from the transferee in respect of the assumption or reinsurance of a particular obligation referred to in subparagraph c of the first paragraph is deemed to be equal to the aggregate of the amounts deducted by the transferor as a reserve under the second paragraph of section 152 and paragraphs a, a.1 and d of section 840 in its taxation year that ended immediately before the time referred to in subparagraph a of the first paragraph in respect of the particular obligation;

(i)  for the purposes of computing the income of the transferor or the transferee for their taxation years following their taxation years that ended immediately before the time referred to in subparagraph a of the first paragraph, the following amounts shall be included or deducted, as the case may be, only to the extent that may be reasonably regarded as necessary to determine the appropriate amount of income of both the transferor and the transferee:

(1)  an amount in respect of a reinsurance premium paid or payable by the transferor to the transferee in respect of the obligations referred to in subparagraph c of the first paragraph under a reinsurance arrangement undertaken to effect the transfer of the insurance business to which this section applied;

(2)  an amount in respect of a reinsurance commission paid or payable by the transferee to the transferor in respect of the amount referred to in subparagraph 1 under the reinsurance arrangement referred to in that subparagraph.

For the purposes of the formulas set forth in subparagraph c of the second paragraph,

(a)  A is the amount by which the proceeds of disposition of the transferor of the transferred property determined under subparagraph a of the second paragraph exceed the fair market value, at the time referred to in subparagraph a of the first paragraph, of the consideration, other than shares of the capital stock of the transferee or a right to receive any such shares, received or receivable by the transferor for the transferred property;

(b)  B is the fair market value, immediately after the transfer of the transferred property, of the preferred share of the class referred to in subparagraph i of the said subparagraph c;

(c)  C is the fair market value, immediately after the transfer of the transferred property, of all preferred shares of the capital stock of the transferee receivable by the transferor as consideration for the transferred property;

(d)  D is the amount by which the proceeds of disposition of the transferor of the transferred property, determined under subparagraph a of the second paragraph, exceed the aggregate of the fair market value, at the time referred to in subparagraph a of the first paragraph, of the consideration, other than shares of the capital stock of the transferee or a right to receive any such shares, received or receivable by the transferor for the transferred property and the cost to the transferor of all preferred shares of the capital stock of the transferee receivable by the transferor as consideration for the transferred property;

(e)  E is the fair market value, immediately after the transfer of the transferred property, of the common share of the class referred to in subparagraph ii of the said subparagraph c of the capital stock of the transferee;

(f)  F is the fair market value, immediately after the transfer of the transferred property, of all common shares of the capital stock of the transferee receivable by the transferor as consideration for the transferred property.

Where the rules under the second paragraph apply in respect of a transfer, the prescribed form along with a copy of every document sent to the Minister of Revenue of Canada in respect of the transfer, in connection with the election referred to in subparagraph d of the first paragraph, shall be sent to the Minister on or before the earliest of the filing-due dates of the transferor and the transferee for the taxation year in which the transactions to which the election relates occurred.

1984, c. 15, s. 185; 1990, c. 59, s. 313; 1993, c. 16, s. 302; 1996, c. 39, s. 228; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1997, c. 85, s. 196; 1998, c. 16, s. 196; 2000, c. 5, s. 293; 2004, c. 8, s. 160; 2009, c. 5, s. 348.

832.4. For the purposes of Division II of Chapter II of Title III of Book III, sections 130 and 130.1 and the regulations made under paragraph a of section 130, where section 832.3 applies in respect of a transfer of depreciable property by an insurer not resident in Canada to a prescribed corporation for the purposes of subparagraph b of the first paragraph of section 832.3, where the provisions of sections 521 to 526 and 528 are not required to be applied in respect of the transfer, and where the capital cost to the insurer of the depreciable property exceeds its proceeds of disposition therefor, the following rules apply:

(a)  the capital cost of the depreciable property to the corporation is deemed to be the capital cost thereof to the insurer;

(b)  the excess is deemed to have been allowed to the corporation as depreciation in respect of the property under regulations made under paragraph a of section 130 in computing its income for taxation years ending before the transfer.

1990, c. 59, s. 314; 1997, c. 3, s. 71.

832.5. For the purposes of paragraph d of subsection 2 of section 504, where, after 15 December 1987, sections 521 to 526, 528 and 832.3 apply in respect of a transfer of property by a person or partnership to an insurance corporation resident in Canada, the contributed surplus of the corporation arising on the transfer is deemed to be equal to the amount by which the amount of such contributed surplus otherwise determined exceeds the amount by which

(a)  the aggregate of

i.  the fair market value, immediately after the transfer, of any consideration, other than shares of the capital stock of the corporation, received or receivable by the person or partnership from the corporation for the transferred property,

ii.  the increase in the paid-up capital of all the shares of the capital stock of the corporation, determined without reference to subsection 11.7 of section 138 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and subsection 2.1 of section 85 of the said Act as they apply in respect of the transfer, arising on the transfer, and

iii.  the increase in the contributed surplus of the corporation, determined without reference to this section as it applies in respect of the transfer, exceeds

(b)  the aggregate of

i.  all amounts each of which is an amount required to be deducted in computing the paid-up capital of a class of shares of the capital stock of the corporation under subsection 11.7 of section 138 of the Income Tax Act and subsection 2.1 of section 85 of the said Act, as the case may be, as they apply in respect of the transfer, and

ii.  the cost to the corporation of the transferred property.

1990, c. 59, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 144.

832.6. Where, at any time in a particular taxation year, an insurer not resident in Canada carries on an insurance business in Canada and, immediately before that time, the insurer was not carrying on an insurance business in Canada or ceased to be exempt from tax under this Part on any income from such business by reason of any Act of the Legislature of Québec or of the Government of Canada or of anything approved, made or declared to have the force of law thereunder, for the purpose of computing the income of the insurer for the particular taxation year, the following rules apply:

(a)  the insurer is deemed to have had a taxation year ending immediately before the commencement of the particular taxation year;

(b)  for the purposes of paragraphs d and e of section 87, sections 818 and 825 and paragraph a of section 844, the insurer is deemed to have carried on the insurance business in Canada in the preceding taxation year referred to in paragraph a and to have claimed the maximum amounts to which it would have been entitled under sections 140, 140.1 and 140.2, the second paragraph of section 152 and paragraphs a, a.1 and d of section 840 for that year;

(b.1)  for the purposes of section 157.6.1 and paragraph a.2 of section 840, the insurer is deemed to have carried on the insurance business in Canada in the preceding taxation year referred to in paragraph a and to have included, in computing its income for that preceding taxation year, the amounts that would have been prescribed in respect of the insurer for the purposes of paragraph e.1 of section 87 and paragraph a.1 of section 844 for that year in respect of the insurance policies of that business;

(c)  the insurer is deemed to have disposed, immediately before the beginning of the particular taxation year, of each property owned by it at that time that is designated insurance property in relation to the insurance business in Canada for the particular taxation year, for proceeds of disposition equal to the fair market value of the property at that time and to have reacquired, at the beginning of the particular taxation year, the property at a cost equal to that fair market value; and

(d)  (paragraph repealed).

1990, c. 59, s. 314; 1997, c. 14, s. 145; 1997, c. 31, s. 143; 1998, c. 16, s. 197; 2004, c. 8, s. 161; 2009, c. 5, s. 349.

832.7. Where, at any time in a taxation year, an insurer, in this section referred to as the “vendor”, has disposed of all or substantially all of an insurance business carried on by it in Canada, or of a line of business of such a business, to a person, in this section referred to as the “purchaser”, and obligations in respect of the business or line of business, as the case may be, in respect of which a reserve may be claimed under the second paragraph of section 152 or paragraph a or a.1 of section 840 were assumed by the purchaser, the following rules apply:

(a)  for the purpose of determining the amount of the gross investment revenue required to be included in computing the income of the vendor and the purchaser under the first paragraph of section 825 and the amount of the gains and losses of the vendor and the purchaser from designated insurance property for the year,

i.  the vendor and the purchaser are deemed, in addition to their normal taxation years, to have had a taxation year ending immediately before that time;

ii.  for the taxation years of the vendor and the purchaser following that time, the business or line of business, as the case may be, disposed of to the purchaser is deemed to have been disposed of on the last day of the taxation year referred to in subparagraph i, and the obligations assumed by the purchaser are deemed to have been assumed on the last day of that taxation year;

(b)  for the purposes of computing the income of the vendor and the purchaser for taxation years ending after that time, the following amounts are deemed to have been paid or payable or received or receivable, as the case may be, by the vendor or the purchaser, as the case may be, in the course of carrying on the business or line of business, as the case may be:

i.  an amount paid or payable by the vendor to the purchaser in respect of the obligations;

ii.  an amount in respect of a commission paid or payable by the purchaser to the vendor in respect of an amount referred to in subparagraph i.

1990, c. 59, s. 314; 1998, c. 16, s. 198.

832.8. Where, at any time in a taxation year, the beneficial ownership of property is acquired or reacquired by the insurer in consequence of another person’s failure to pay all or any part of an amount, in this section referred to as the “insurer’s claim”, owing to the insurer at that time in respect of a bond, debenture, hypothecary claim, mortgage, agreement of sale or any other form of indebtedness owned by the insurer, the following rules apply to the insurer:

(a)  sections 484.7 to 484.13 do not apply in respect of the acquisition or reacquisition;

(b)  the insurer is deemed to have acquired or reacquired, as the case may be, the property at an amount equal to its fair market value, immediately before that time;

(c)  the insurer is deemed to have disposed at that time of the portion of the indebtedness represented by the insurer’s claim for proceeds of disposition equal to the fair market value referred to in paragraph b and, immediately after that time, to have reacquired that portion of the indebtedness at a cost of nil;

(d)  the acquisition or reacquisition is deemed to have no effect on the form of the indebtedness;

(e)  no amount is deductible in respect of the insurer’s claim by reason of sections 140 and 140.1 in computing the insurer’s income for the taxation year or a subsequent taxation year.

1990, c. 59, s. 314; 1996, c. 39, s. 229; 2005, c. 1, s. 195.

832.9. Subparagraphs a to i of the second paragraph of section 832.3 and sections 832.4 and 832.5 apply in respect of the transfer referred to in subparagraph b, where

(a)  an insurer resident in Canada, in this section referred to as the “transferor”, has ceased, at any time in a taxation year, to carry on all or substantially all of an insurance business carried on by it in Canada in that year;

(b)  the transferor has, at that time or within 60 days after that time, transferred to a corporation resident in Canada, in this section referred to as the “transferee”, that is a subsidiary wholly-owned corporation of the transferor that, immediately after that time, began to carry on the insurance business in Canada referred to in subparagraph a for consideration that includes shares of the capital stock of the transferee, all or substantially all of the property, in section 832.3 referred to as the “transferred property”, that is,

i.  where the transferor is a life insurer that carries on an insurance business in Canada and elsewhere in the year, property that is owned by it at that time and that was designated insurance property in relation to the business for the taxation year that, because of the election referred to in subparagraph d, ended immediately before that time, or

ii.  in any other case, property owned by the transferor at that time and used or held by it in the year in the course of carrying on that insurance business in Canada in the year;

(c)  the transferee has, at that time or within 60 days after that time, assumed or reinsured all or substantially all of the obligations of the transferor that arose in the course of carrying on the insurance business in Canada referred to in subparagraph a; and

(d)  the transferor and the transferee have made a valid election under paragraph d of subsection 11.94 of section 138 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the transfer.

In addition, where the first paragraph applies in respect of the transfer referred to in subparagraph b of that paragraph, the prescribed form along with a copy of every document sent to the Minister of Revenue of Canada in respect of the transfer, in connection with the election referred to in subparagraph d of the first paragraph, shall be sent to the Minister on or before the earliest of the filing-due dates of the transferor and the transferee for the taxation year in which the transactions to which the election relates occurred.

1990, c. 59, s. 314; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1997, c. 85, s. 197; 1998, c. 16, s. 199; 2000, c. 5, s. 293; 2004, c. 8, s. 162; 2009, c. 5, s. 350.

CHAPTER II.1 CONVERSION OF INSURANCE CORPORATIONS INTO MUTUAL CORPORATIONS

1995, c. 49, s. 184; 1997, c. 3, s. 71.

832.10. Where an insurance corporation that is a Canadian corporation applies an amount in payment for shares of the corporation purchased or otherwise acquired by it under a mutualization proposal under Division III of Part VI of the Insurance Companies Act (Statutes of Canada, 1991, chapter 47) or, where the corporation is incorporated under the laws of a province, under a law of that province that provides for the conversion of the corporation into a mutual corporation by the purchase of its shares in accordance with that law,

(a)  sections 111 to 119.1 do not apply to require the inclusion, in computing the income of a shareholder of the corporation, of any part of that amount; and

(b)  no part of that amount is deemed, for the purposes of sections 846 to 850, to have been paid to shareholders or, for the purposes of sections 504 to 510.1 and 517, to have been received as a dividend.

1995, c. 49, s. 184; 1997, c. 3, s. 71.

CHAPTER II.2 DEMUTUALIZATION OF INSURANCE CORPORATIONS

2001, c. 53, s. 167.

832.11. In this chapter,

“conversion benefit” means a benefit received in connection with the demutualization of an insurance corporation because of an interest, before the demutualization, of any person in an insurance policy to which the insurance corporation was a party;

“deadline” for a payment in respect of a demutualization of an insurance corporation means the latest of

(a)  the end of the thirteenth month after the time of the demutualization;

(b)  where the entire amount of the payment depends on the outcome of an initial public offering of shares of the corporation or a holding corporation in respect of the insurance corporation, the end of the day that is 60 days after the day on which the public offering is completed ;

(c)  where the payment is made after the initial deadline for the payment and it is reasonable to conclude that the payment was postponed beyond that initial deadline because there was not sufficient information available 60 days before that initial deadline with regard to the location of a person, the end of the sixth month after such information becomes available; and

(d)  the end of any other day that is acceptable to the Minister;

“demutualization” means the conversion of an insurance corporation from a mutual company into a corporation that is not a mutual company;

“holding corporation” means a corporation that in connection with the demutualization of an insurance corporation, has issued shares of its capital stock to stakeholders and owns shares of the capital stock of the insurance corporation acquired in connection with the demutualization that entitle it to 90% or more of the votes that could be cast in respect of shares under all circumstances at an annual meeting of

(a)  shareholders of the insurance corporation; or

(b)  shareholders of the insurance corporation and holders of insurance policies to which the insurance corporation is a party;

“initial deadline” for a payment is the time that would, if the definition of “deadline” were read without reference to paragraph c of that definition, be the deadline for the payment;

“mutual holding corporation” in respect of an insurance corporation, means a mutual company established to hold shares of the capital stock of the insurance corporation, where the only persons entitled to vote at an annual meeting of the mutual company are policyholders of the insurance corporation;

“ownership rights” means

(a)  in a particular mutual holding corporation, the following rights and interests held by a person in respect of the particular mutual holding corporation because of an interest or former interest of any person in an insurance policy to which an insurance corporation, in respect of which the particular corporation is the mutual holding corporation, has been a party:

i.  rights that are similar to rights attached to shares of the capital stock of a corporation, and

ii.  all other rights with respect to, and interests in, the particular corporation as a mutual company; and

(b)  in a mutual insurance corporation, the following rights and interests held by a person in respect of the mutual insurance corporation because of an interest or former interest of any person in an insurance policy to which that corporation was a party:

i.  rights that are similar to rights attached to shares of the capital stock of a corporation,

ii.  all other rights with respect to, and interests in, the mutual insurance corporation as a mutual company, and

iii.  any contingent or absolute right to receive a benefit in connection with the demutualization of the mutual insurance corporation;

“person” includes a partnership;

“share” of the capital stock of a corporation includes a right granted by the corporation to acquire a share of its capital stock;

“specified insurance benefit” means a taxable conversion benefit that is

(a)  an enhancement of benefits under an insurance policy;

(b)  an issuance of an insurance policy;

(c)  an undertaking by an insurance corporation of an obligation to pay a policy dividend; or

(d)  a reduction in the amount of premiums that would otherwise be payable under an insurance policy;

“stakeholder” means a person who has received or who is entitled to receive a conversion benefit but, in respect of the demutualization of an insurance corporation, does not include a holding corporation in connection with the demutualization or a mutual holding corporation in respect of the insurance corporation;

“taxable conversion benefit” means a conversion benefit received by a stakeholder in connection with the demutualization of an insurance corporation, other than a conversion benefit that is

(a)  a share of a class of the capital stock of the corporation;

(b)  a share of a class of the capital stock of a corporation that is or becomes a holding corporation in connection with the demutualization; or

(c)  an ownership right in a mutual holding corporation in respect of the insurance corporation.

2001, c. 53, s. 167.

832.12. For the purposes of sections 832.11 to 832.25, the following rules apply:

(a)  subject to paragraphs b to g, if in providing a benefit in respect of a demutualization, a corporation becomes obligated, either absolutely or contingently, to make or arrange a payment, the person to whom the undertaking to make or arrange the payment was given is considered to have received a benefit as a consequence of the undertaking of the obligation and not as a consequence of the making of the payment;

(b)  where, in providing a benefit in respect of a demutualization, a corporation makes a payment, other than a payment, made pursuant to the terms of an insurance policy, that is not a policy dividend, at any time on or before the deadline for the payment,

i.  subject to paragraphs f and g, the recipient of the payment is considered to have received a benefit as a consequence of the making of the payment, and

ii.  no benefit is considered to have been received as a consequence of the undertaking of an obligation, that is either contingent or absolute, to make or arrange the payment;

(c)  no benefit is considered to have been received as a consequence of the undertaking of an absolute or contingent obligation of a corporation to make or arrange a payment, other than a payment, made pursuant to the terms of an insurance policy, that is not a policy dividend, unless it is reasonable to conclude that there is sufficient information with regard to the location of a person to make or arrange the payment;

(d)  where a corporation’s obligation to make or arrange a payment in connection with a demutualization ceases on or before the initial deadline for the payment and without the payment being made in whole or in part, no benefit is considered to have been received as a consequence of the undertaking of the obligation unless the payment was to be a payment, other than a policy dividend, pursuant to the terms of an insurance policy;

(e)  no benefit is considered to have been received as a consequence of the undertaking of an absolute or contingent obligation of a corporation to make or arrange a payment where

i.  paragraph a would, but for this paragraph, apply with respect to the obligation,

ii.  paragraph d would, if that paragraph were read without reference to the words “on or before the initial deadline for the payment”, apply in respect of the obligation,

iii.  it is reasonable to conclude that there was not, before the initial deadline for the payment, sufficient information with regard to the location of a person to make or arrange the payment, and

iv.  such information becomes available on a particular day after the initial deadline, and the obligation ceases not more than six months after the particular day;

(f)  no benefit is considered to have been received as a consequence of an undertaking of an absolute or contingent obligation of a corporation to make or arrange an annuity payment through the issuance of an annuity contract or a receipt of an annuity payment under the contract so issued where it is reasonable to conclude that the purpose of the undertaking or the making of the annuity payment is to supplement benefits provided under either an annuity contract to which paragraph a of section 2.3 and section 965.0.17.2 applied or a group annuity contract that had been issued under, or pursuant to, a registered pension plan that has wound up;

(g)  no benefit is considered to have been received as a consequence of

i.  an amendment to which section 965.0.17.3 would, but for subparagraph b of the first paragraph thereof, apply, or

ii.  a substitution to which paragraph a of section 965.0.17.4 applies;

(h)  the time at which a stakeholder is considered to receive a benefit in connection with the demutualization of an insurance corporation is

i.  where the benefit is a payment made at or before the time of the demutualization or is a payment to which paragraph b applies, the time at which the payment is made, and

ii.  in any other case, the latest of

(1)  the time of the demutualization,

(2)  where the extent of the benefit or the stakeholder’s entitlement to it depends on the outcome of an initial public offering of shares of the corporation or a holding corporation in respect of the insurance corporation and the offering is completed within 13 months after the time of the demutualization, the time at which the offering is completed,

(3)  where the entire amount of the benefit depends on the outcome of an initial public offering of shares of the corporation or a holding corporation in respect of the insurance corporation, the time at which the offering is completed,

(4)  where it is reasonable to conclude that the person conferring the benefit does not have sufficient information with regard to the location of the stakeholder before the later of the times determined under subparagraphs 1 to 3, to advise the stakeholder of the benefit, the time at which sufficient information with regard to the location of the stakeholder to so advise the stakeholder was received by that person, and

(5)  the end of any other day that is acceptable to the Minister;

(i)  the time at which an insurance corporation is considered to demutualize is the time at which it first issues a share of its capital stock, other than shares of its capital stock issued by it when it was a mutual company if the corporation did not cease to be a mutual company because of the issuance of those shares; and

(j)  subject to paragraph b of section 832.13, the value of a benefit received by a stakeholder is the fair market value of the benefit at the time the stakeholder receives the benefit.

2001, c. 53, s. 167.

832.13. For the purposes of sections 832.11 to 832.25, the following rules apply:

(a)  where benefits under an insurance policy are enhanced, otherwise than by way of an amendment to which section 965.0.17.3 would, but for subparagraph b of the first paragraph thereof, apply, in connection with a demutualization, the value of the enhancement is deemed to be a benefit received by the policyholder and not by any other person;

(b)  where premiums payable under an insurance policy to an insurance corporation are reduced in connection with a demutualization, the policyholder is deemed, as a consequence of the undertaking to reduce the premiums, to have received a benefit equal to the present value at the time of the demutualization of the additional premiums that would have been payable if the premiums had not been reduced in connection with the demutualization;

(c)  the payment of a policy dividend by an insurance corporation or an undertaking of an obligation by the corporation to pay a policy dividend is considered to be in connection with the demutualization of the corporation only to the extent that

i.  the policy dividend is referred to in the demutualization proposal sent by the corporation to stakeholders,

ii.  the obligation to make the payment is contingent on stakeholder approval for the demutualization, and

iii.  the payment or undertaking cannot reasonably be considered to have been made or given, as the case may be, to ensure that policyholders are not adversely affected by the demutualization;

(d)  except for the purposes of paragraphs c, e and f, where part of a policy dividend is a conversion benefit in respect of the demutualization of an insurance corporation and part of it is not, each part of the policy dividend is deemed to be a policy dividend that is separate from the other part;

(e)  a policy dividend includes an amount that is in lieu of payment of, or in satisfaction of, a policy dividend;

(f)  the payment of a policy dividend includes the application of the policy dividend to pay a premium under an insurance policy or to repay a policy loan;

(g)  where the demutualization of an insurance corporation is effected by the amalgamation of the corporation with one or more other corporations to form one corporate entity, that entity is deemed to be the same corporation as, and a continuation of, the insurance corporation; and

(h)  an insurance corporation shall be considered to have become a party to an insurance policy at the time that the insurance corporation becomes liable in respect of obligations of an insurer under the policy.

2001, c. 53, s. 167.

832.14. Where a particular insurance corporation demutualizes, the following rules apply:

(a)  each of the income, loss, capital gain and capital loss of a taxpayer, from the disposition, alteration or dilution of the taxpayer’s ownership rights in the particular corporation as a result of the demutualization, is deemed to be nil;

(b)  no amount paid or payable to a stakeholder in connection with the disposition, alteration or dilution of the stakeholder’s ownership rights in the particular corporation is an incorporeal capital amount;

(c)  (paragraph repealed);

(d)  where the consideration given by a person for a share of the capital stock of the particular corporation or a holding corporation in connection with the demutualization, or for particular ownership rights in a mutual holding corporation in respect of the particular corporation, includes the transfer, surrender, alteration or dilution of ownership rights in the particular corporation, the cost of the share, or the particular ownership rights, to the person is deemed to be nil;

(e)  where a holding corporation in connection with the demutualization acquires, in connection with the demutualization, a share of the capital stock of the particular corporation from the particular corporation and issues a share of its own capital stock to a stakeholder as consideration for the share of the capital stock of the particular corporation, the cost to the holding corporation of the share of the capital stock of the particular corporation is deemed to be nil;

(f)  where at any time a stakeholder receives a taxable conversion benefit and section 832.21 does not apply to the benefit,

i.  the corporation that conferred the benefit is deemed to have paid a dividend at that time on shares of its capital stock equal to the value of the benefit, and

ii.  subject to section 832.23, the benefit received by the stakeholder is deemed to be a dividend received by the stakeholder at that time;

(g)  for the purposes of this Part, where a dividend is deemed by paragraph f or by subparagraph c of the second paragraph of section 832.23 to have been paid by a corporation not resident in Canada, that corporation is deemed in respect of the payment of the dividend to be a corporation resident in Canada that is a taxable Canadian corporation unless any amount is deducted under section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(h)  for the purposes of sections 436, 440, 444, 450, 450.6 and 653 and Chapter I of Title I.1, the fair market value of rights to benefits that are to be received in connection with the demutualization is, before the time of the receipt, deemed to be nil; and

(i)  where a person acquires an annuity contract in respect of which, because of the application of paragraph f of section 832.12, no benefit is considered to have been received for the purposes of sections 832.11 to 832.25, the cost of the annuity contract to the person is deemed to be nil and sections 92.11 to 92.19 do not apply to the annuity contract.

2001, c. 53, s. 167; 2003, c. 9, s. 122; 2004, c. 8, s. 163; 2005, c. 1, s. 196.

832.15. For the purposes of sections 436, 440, 444, 450, 450.6 and 653 and Chapter I of Title I.1, where an insurance corporation makes, at any time, a public announcement that it intends to seek approval for its demutualization, the fair market value of ownership rights in the corporation is deemed to be nil throughout the period that begins at that time and ends either at the time of the demutualization or, in the event that the corporation makes at any subsequent time a public announcement that it no longer intends to demutualize, at the subsequent time.

2001, c. 53, s. 167; 2004, c. 8, s. 164.

832.16. Where the payment of a policy dividend by an insurance corporation is a taxable conversion benefit, the following rules apply:

(a)  for the purposes of this Part, other than sections 832.11 to 832.25, the policy dividend is deemed not to be a policy dividend; and

(b)  no amount in respect of the policy dividend may be included, either explicitly or implicitly, in the calculation of an amount deductible by the insurer for any taxation year under the second paragraph of section 152 or sections 840 and 841.

2001, c. 53, s. 167.

832.17. Where, in connection with the demutualization of an insurance corporation, a person would, if section 832.12 were read without reference to paragraphs f and g thereof and paragraph a of section 832.13 were read without reference to the application of section 965.0.17.3, receive a particular benefit that is a specified insurance benefit, the following rules apply:

(a)  the insurance corporation that is obligated to pay benefits under the policy to which the particular benefit relates is deemed to have received a premium at the time of the demutualization in respect of that policy equal to the value of the particular benefit;

(b)  for the purposes of paragraph a, to the extent that the obligations of a particular insurance corporation under the policy were assumed by another insurance corporation before the time of the demutualization, the particular corporation is deemed not to be obligated to pay benefits under the policy; and

(c)  subject to subparagraph a of the second paragraph of section 832.22, where the person receives the particular benefit, the person is deemed to have paid, at the time of the demutualization, a premium in respect of the policy to which the benefit relates equal to the value of the particular benefit.

2001, c. 53, s. 167.

832.18. Where, in connection with the demutualization of an insurance corporation, a stakeholder receives a taxable conversion benefit, other than a specified insurance benefit, the stakeholder is deemed to have acquired the benefit at a cost equal to the value of the benefit.

2001, c. 53, s. 167.

832.19. Sections 111 and 112 do not apply to a conversion benefit.

2001, c. 53, s. 167.

832.20. Subject to section 832.21, for the purposes of the provisions of this Act, other than paragraph c of section 832.17, that relate to registered retirement savings plans, registered retirement income funds, retirement compensation arrangements, deferred profit sharing plans and superannuation or pension funds or plans, the receipt of a conversion benefit shall be considered to be neither a contribution to, nor a distribution from, such a plan, fund or arrangement.

2001, c. 53, s. 167.

832.21. A conversion benefit received because of an interest in a life insurance policy held by a trust governed by a registered retirement savings plan, registered retirement income fund, deferred profit sharing plan or superannuation or pension fund or plan is deemed to be received under the plan or fund, as the case may be, if it is received by any person other than the trust.

2001, c. 53, s. 167.

832.22. The rules set out in the second paragraph apply where

(a)  a stakeholder receives a conversion benefit because of the stakeholder’s interest in a group insurance policy under which individuals have been insured in the course of or because of their employment;

(b)  at all times before the payment of a premium described in subparagraph c, the full cost of a particular insurance coverage under the group insurance policy referred to in subparagraph a was borne by the individuals who were insured under the particular insurance coverage;

(c)  the stakeholder referred to in subparagraph a pays a premium under the group insurance policy referred to in subparagraph a in respect of the particular insurance coverage referred to in subparagraph b or under another group insurance policy in respect of coverage that has replaced the particular insurance coverage; and

(d)  either the premium referred to in subparagraph c is deemed by paragraph c of section 832.17 to have been paid, or it is reasonable to conclude that the purpose of the premium is to apply, for the benefit of the individuals who are insured under the particular insurance coverage referred to in subparagraph b or the coverage that has replaced the particular insurance coverage, all or part of the value of the portion of the conversion benefit referred to in subparagraph a that can reasonably be considered to be in respect of the particular insurance coverage.

The rules to which the first paragraph refers are the following:

(a)  for the purposes of section 43, the premium is deemed to be an amount paid by the individuals who are insured under the particular insurance coverage or the coverage that has replaced the particular insurance coverage, as the case may be, and not to be an amount paid by the stakeholder; and

(b)  no amount may be deducted in respect of the premium in computing the stakeholder’s income.

2001, c. 53, s. 167.

832.23. The rules set out in the second paragraph apply where

(a)  a stakeholder receives a conversion benefit, in this section referred to as the “relevant conversion benefit”, because of the interest of any person in an insurance policy;

(b)  the stakeholder referred to in subparagraph a makes a payment of an amount, otherwise than by way of a transfer of a share that was received by the stakeholder as all or part of the relevant conversion benefit and that was not so received as a taxable conversion benefit, to a particular individual

i.  who has received benefits under the insurance policy referred to in subparagraph a,

ii.  who has, or had at any time, an absolute or contingent right to receive benefits under the insurance policy,

iii.  for whose benefit insurance coverage was provided under the insurance policy, or

iv.  who received the amount because an individual satisfied the condition in subparagraph i, ii or iii;

(c)  it is reasonable to conclude that the purpose of the payment referred to in subparagraph b is to distribute an amount in respect of the relevant conversion benefit to the particular individual referred to in that subparagraph;

(d)  either the main purpose of the insurance policy referred to in subparagraph a was to provide retirement benefits or insurance coverage to individuals in respect of their employment with an employer, or all or part of the cost of insurance coverage under the insurance policy had been borne by individuals other than the stakeholder referred to in subparagraph a;

(e)  section 832.21 does not apply to the relevant conversion benefit; and

(f)  one of the following subparagraphs applies, namely,

i.  the particular individual referred to in subparagraph b is resident in Canada at the time of the payment referred to in that subparagraph, the stakeholder referred to in subparagraph a is a person the taxable income of which is exempt from tax under this Part and the payment would, if this chapter were read without reference to this section, be included in computing the income of the particular individual,

ii.  the payment referred to in subparagraph b is received before 7 December 1999, and the stakeholder referred to in subparagraph a elects by notifying the Minister in writing, on a day that is not more than six months after the end of the taxation year in which the stakeholder receives the relevant conversion benefit, or a later day acceptable to the Minister, that this section applies in respect of the payment,

iii.  the payment referred to in subparagraph b is received after 6 December 1999 and the payment would, if this chapter were read without reference to this section, be included in computing the income of the particular individual referred to in that subparagraph and the stakeholder referred to in subparagraph a elects by notifying the Minister in writing, on a day that is not more than six months after the end of the taxation year in which the stakeholder receives the relevant conversion benefit, or a later day acceptable to the Minister, that this section applies in respect of the payment, or

iv.  the payment referred to in subparagraph b is received after 6 December 1999 and the payment would, if this chapter were read without reference to this section, not be included in computing the income of the particular individual referred to in that subparagraph.

The rules to which the first paragraph refers are the following:

(a)  subject to subparagraph f, no amount is, because of the making of the payment, deductible in computing the stakeholder’s income;

(b)  except for the purposes of this section and without affecting the consequences to the particular individual of any transaction or event that occurs after the time that the payment was made, the payment is deemed not to have been received by, or made payable to, the particular individual;

(c)  the corporation that conferred the relevant conversion benefit is deemed to have paid to the particular individual at the time the payment was made, and the particular individual is deemed to have received at that time, a dividend on shares of the capital stock of the corporation equal to the amount of the payment;

(d)  all obligations that would, but for this section, be imposed by this Part and the regulations on the corporation referred to in subparagraph c because of the payment of the dividend referred to in that subparagraph apply to the stakeholder as if the stakeholder were the corporation, and do not apply to the corporation;

(e)  where the relevant conversion benefit is a taxable conversion benefit, except for the purposes of this section and the purpose of determining the obligations imposed by this Part and the regulations on the corporation because of the conferral of the relevant conversion benefit, the stakeholder is deemed, to the extent of the fair market value of the payment, not to have received the relevant conversion benefit; and

(f)  where the relevant conversion benefit was a share received by the stakeholder, otherwise than as a taxable conversion benefit, the following rules apply:

i.  where the share is, at the time of the payment, capital property held by the stakeholder, the amount of the payment shall, after that time, be added in computing the adjusted cost base to the stakeholder of the share,

ii.  where subparagraph i does not apply and the share was capital property disposed of by the stakeholder before that time, the amount of the payment is deemed to be a capital loss of the stakeholder from the disposition of a property for the taxation year of the stakeholder in which the payment is made, and

iii.  in any other case, subparagraph a shall not apply to the payment.

2001, c. 53, s. 167.

832.24. The rules set out in the second paragraph apply where

(a)  because of the interest of any person in an insurance policy, a stakeholder receives a conversion benefit, other than a taxable conversion benefit, that consists of shares of the capital stock of a corporation;

(b)  the stakeholder referred to in subparagraph a transfers some or all of the shares referred to in that subparagraph at any time to a particular individual

i.  who has received benefits under the insurance policy referred to in subparagraph a,

ii.  who has, or had at any time, an absolute or contingent right to receive benefits under the insurance policy,

iii.  for whose benefit insurance coverage was provided under the insurance policy, or

iv.  who received the shares because an individual satisfied the condition in subparagraph i, ii or iii;

(c)  it is reasonable to conclude that the purpose of the transfer referred to in subparagraph b is to distribute all or any portion of the conversion benefit referred to in subparagraph a to the particular individual referred to in subparagraph b;

(d)  either the main purpose of the insurance policy referred to in subparagraph a was to provide retirement benefits or insurance coverage to individuals in respect of their employment with an employer, or all or part of the cost of insurance coverage under the insurance policy had been borne by individuals other than the stakeholder referred to in subparagraph a;

(e)  section 832.21 does not apply to the conversion benefit referred to in subparagraph a; and

(f)  one of the following subparagraphs applies, namely,

i.  the particular individual referred to in subparagraph b is resident in Canada at the time of the transfer referred to in that subparagraph, the stakeholder referred to in subparagraph a is a person the taxable income of which is exempt from tax under this Part and the amount of the transfer would, if this chapter were read without reference to this section, be included in computing the income of the particular individual,

ii.  the transfer referred to in subparagraph b is made before 7 December 1999 and the stakeholder referred to in subparagraph a elects by notifying the Minister in writing, on a day that is not more than six months after the end of the taxation year in which the stakeholder receives the conversion benefit referred to in subparagraph a, or a later day acceptable to the Minister, that this section applies in respect of the transfer,

iii.  the transfer referred to in subparagraph b is made after 6 December 1999, the amount of the transfer would, if this chapter were read without reference to this section, be included in computing the income of the particular individual referred to in that subparagraph and the stakeholder referred to in subparagraph a elects by notifying the Minister in writing, on a day that is not more than six months after the end of the taxation year in which the stakeholder receives the conversion benefit referred to in subparagraph a, or a later day acceptable to the Minister, that this section applies in respect of the transfer, or

iv.  the transfer referred to in subparagraph b is made after 6 December 1999 and the amount of the transfer would, if this chapter were read without reference to this section, not be included in computing the income of the particular individual referred to in that subparagraph.

The rules to which the first paragraph refers are the following:

(a)  no amount is, because of the transfer, deductible in computing the stakeholder’s income;

(b)  except for the purposes of this section and without affecting the consequences to the particular individual of any transaction or event that occurs after the time that the transfer was made, the transfer is deemed not to have been made to the particular individual nor to represent an amount payable to the particular individual; and

(c)  the cost of the shares to the particular individual is deemed to be nil.

2001, c. 53, s. 167.

832.25. For the purposes of sections 6.2, 21.2 to 21.3.1, 83.0.3, 93.3.1, 93.4 and 106.4, Division X.1 of Chapter III of Title III of Book III, sections 175.9, 222 to 230.0.0.2, 237 to 238.1, 308.0.1 to 308.6, 384, 384.4, 384.5, 418.26 to 418.30 and 485 to 485.18, paragraph d of section 485.42, sections 564.2 to 564.4.2 and 727 to 737, paragraph f of section 772.13 and section 776.1.5.6, control of an insurance corporation and each corporation controlled by it is deemed not to be acquired solely because of the acquisition of shares of the capital stock of the insurance corporation, in connection with the demutualization of the insurance corporation, by a particular corporation that at a particular time becomes a holding corporation in connection with the demutualization where, immediately after the particular time,

(a)  the particular corporation is not controlled by any person or group of persons; and

(b)  95% of the fair market value of all the assets of the particular corporation is less than the aggregate of

i.  the amount of the particular corporation’s money,

ii.  the amount of a deposit, with a financial institution, of such money standing to the credit of the particular corporation,

iii.  the fair market value of a bond, debenture, note or similar obligation that is owned by the particular corporation that had, at the time of its acquisition, a maturity date of not more than 24 months after that time, or

iv.  the fair market value of a share of the capital stock of the insurance corporation held by the particular corporation.

2001, c. 53, s. 167; 2009, c. 5, s. 351.

832.26. Where at any time a mutual holding corporation in respect of an insurance corporation distributes property to a policyholder of the insurance corporation, the mutual holding corporation is deemed to have paid, and the policyholder is deemed to have received from the mutual holding corporation, at that time, a dividend on shares of the capital stock of the mutual holding corporation, equal to the fair market value of the property.

2001, c. 53, s. 167.

CHAPTER III RULES APPLICABLE TO LIFE INSURANCE CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

DIVISION I GENERALITIES AND DEFINITIONS

1972, c. 23.

833. Notwithstanding any other provision of this Part, a life insurance corporation resident in Canada is deemed to be a public corporation.

1972, c. 23, s. 624; 1997, c. 3, s. 71.

833.1. A corporation resident in Canada that is a holding corporation, as defined in section 832.11, because of its acquisition of shares in connection with the demutualization, as defined in that section, of a life insurance corporation resident in Canada is deemed to be a public corporation if it meets the other requirements set out in subsections 3 and 4 of section 141 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2001, c. 53, s. 168.

833.2. For the purposes of section 1095, to the extent that that section refers to paragraph c of section 1094, a share of the capital stock of a corporation is deemed to be listed at any time on a designated stock exchange where

(a)   the corporation is

i.  a life insurance corporation referred to in subparagraph i of paragraph a of subsection 5 of section 141 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), or

ii.  a holding corporation, as defined in section 832.11, that is deemed by section 833.1 to be a public corporation at that time;

(b)  no share of the capital stock of the corporation is listed on any stock exchange at that time; and

(c)  that time is not later than six months after the time of the demutualization, as defined by section 832.11, of

i.  the corporation, where the corporation is a life insurance corporation, and

ii.  in any other case, the life insurance corporation in respect of which the corporation is a holding corporation.

2001, c. 53, s. 168; 2010, c. 5, s. 79.

834. (Repealed).

1972, c. 23, s. 625; 1978, c. 26, s. 148; 1984, c. 15, s. 186; 1995, c. 49, s. 185.

835. In this Title, sections 92.11 to 104, 130, 130.1, 135, 137 to 163.1, 176 to 179, 183, 428 to 451, 570 and 736.1 and Part II,

(a)  (paragraph repealed);

(b)  “segregated fund” means a specified group of property the fair market value of which causes all or part of the insurer’s reserves to vary with respect to any life insurance policy;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  “life insurance policy” includes an annuity contract or a contract in respect of which all or part of the insurer’s reserves vary in amount depending upon the fair market value of the property of a segregated fund;

(e.1)  “life insurance policy in Canada” means a life insurance policy issued or effected by an insurer on the life of a person resident in Canada at the time the policy was issued or effected;

(f)  “participating life insurance policy” means a life insurance policy under which the holder is entitled to share, other than by way of an experience rating refund, in the profits of the insurer other than profits in respect of property in a segregated fund;

(g)  “segregated fund policy” means a life insurance policy under which the amount of benefits payable varies in accordance with the fair market value of the property of the segregated fund relating to the policy;

(h)  “policy loan” means an amount advanced at a particular time by an insurer to a policyholder in accordance with the terms and conditions of a life insurance policy in Canada;

(i)  “interest”, in relation to a policy loan, means the amount that must be paid in respect of the loan, in accordance with the terms and conditions of the policy in respect of which the loan is granted in order to maintain the policyholder’s interest in the policy;

(j)  “amount payable”, in respect of a policy loan at a particular time, means the amount of the loan and the interest thereon that is outstanding at that time;

(k)  “segregated fund trust” means a trust referred to in section 851.2;

(l)  “surplus funds derived from operations” of an insurer at the end of a particular taxation year means the amount by which

i.  the aggregate of

(1)  the total of the insurer’s income for each taxation year in the period beginning on the first day of its taxation year 1969 and ending at the end of the particular taxation year from all insurance businesses carried on by it,

(2)  the total of all amounts deemed by section 736.1 to have been deductible in computing its taxable income for a taxation year ending before 1 January 1977, and

(3)  the total of all profits or gains made by the insurer in the period referred to in subparagraph 1 in respect of property not included in a segregated fund that was disposed of by the insurer and used by it in, or held by it in the course of, carrying on an insurance business in Canada, except to the extent that those profits or gains have been or are included in computing the insurer’s income or loss for any taxation year in the period from carrying on an insurance business; exceeds

ii.  the aggregate of

(1)  the total of all the insurer’s losses for each taxation year in the period referred to in subparagraph 1 of subparagraph i from all insurance businesses carried on by it,

(2)  the total of all losses sustained by the insurer in the period referred to in subparagraph 1 of subparagraph i in respect of property not included in a segregated fund that was disposed of by the insurer and used by it in, or held by it in the course of, carrying on an insurance business in Canada, except to the extent that those losses have been or are included in computing the insurer’s income or loss for any taxation year in the period from carrying on an insurance business,

(3)  the total of all taxes payable under this Part by the insurer for each taxation year in the period referred to in subparagraph 1 of subparagraph i, except such portion thereof as would not have been payable by it if section 846, as it read before its repeal in its application to each of those years, had not been enacted,

(4)  the total of all amounts determined in respect of the insurer for each taxation year in the period referred to in subparagraph 1 of subparagraph i, under paragraph a of the description of F in the definition of “surplus funds derived from operations” in subsection 12 of section 138 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), other than the amount so determined under paragraph 3 or that would be so determined but for the exception thereunder,

(5)  the total of all income taxes payable under Parts I.3 and VI of the Income Tax Act by the insurer for each taxation year in the period referred to in subparagraph 1 of subparagraph i,

(6)  the total of all taxes payable under Part VI.1 by the insurer for each taxation year in the period referred to in subparagraph 1 of subparagraph i,

(7)  the total of all gifts made in the period referred to in subparagraph 1 of subparagraph i by the insurer to a person or entity described in paragraphs a to c of section 710, and

(8)  the amount by which the amount determined in respect of the insurer for the particular taxation year under subparagraph i of paragraph a of section 841 exceeds the amount so determined under subparagraph ii of that paragraph a;

(m)  “base year” of a life insurer means the life insurer’s taxation year that precedes its transition year;

(n)  “transition year” of a life insurer means the life insurer’s first taxation year that begins after 30 September 2006;

(o)  “reserve transition amount” of a life insurer, in respect of a life insurance business carried on by it in Canada in its transition year, is the positive or negative amount determined by the formula

A - B.

In the formula in subparagraph o of the first paragraph,

(a)  A is the maximum amount that the life insurer would be permitted to claim under paragraph a of section 840 as a reserve for its base year in respect of its life insurance policies in Canada if

i.  the generally accepted accounting principles that applied to the life insurer in valuing its assets and liabilities for its transition year had applied to it for its base year, and

ii.  the regulations made under paragraph a of section 840, as they read for the life insurer’s transition year, applied to its base year; and

(b)  B is the maximum amount that the life insurer is permitted to claim under paragraph a of section 840 as a reserve for its base year.

1972, c. 23, s. 626; 1977, c. 26, s. 88; 1978, c. 26, s. 149; 1982, c. 5, s. 150; 1982, c. 52, s. 201; 1984, c. 15, s. 187; 1985, c. 25, s. 136; 1987, c. 67, s. 162; 1988, c. 18, s. 70; 1990, c. 59, s. 315; 1993, c. 16, s. 303; 1995, c. 49, s. 186; 1996, c. 39, s. 230; 1998, c. 16, s. 200; 1999, c. 83, s. 120; 2001, c. 53, s. 169; 2010, c. 25, s. 93.

836. For the purposes of section 259, any property of a life insurer that would, but for this section, be identical to any other property of the insurer is deemed to be not identical to the other property unless both properties are designated insurance property of the insurer in respect of a life insurance business carried on in Canada or designated insurance property of the insurer in respect of an insurance business in Canada other than a life insurance business.

1975, c. 22, s. 219; 1978, c. 26, s. 150; 1984, c. 15, s. 188; 1998, c. 16, s. 201.

837. For the purposes of computing the capital gain from the disposition of any depreciable property acquired by a life insurer before 1969, the capital cost of the property to the insurer is determined in the prescribed manner.

1975, c. 22, s. 219.

838. Where in a taxation year ending after 31 December 1968 but before 1 January 1978, an insurer carried on a life insurance business in Canada and an insurance business in a country other than Canada, the insurer did not make an election under section 825, as it read for that year, and the ratio of the value for the year of the insurer’s specified Canadian assets to its Canadian investment fund for the year exceeded one, each of the amounts included or deducted as follows in respect of the year shall be multiplied by that ratio:

(a)  under paragraph c or d of section 21.26 or paragraph a or c of section 21.27, in determining the amortized cost of a debt obligation to the insurer; or

(b)  under paragraph c or d of the definition of “tax basis” in section 851.22.7 or paragraph c or d of section 851.22.8, in determining the tax basis of a debt obligation to the insurer.

For the purposes of this section, the expressions “specified Canadian assets”, “Canadian investment fund for a taxation year” and “value for a taxation year” have the meaning assigned by the regulations.

1977, c. 26, s. 89; 1978, c. 26, s. 151; 1990, c. 59, s. 316; 1996, c. 39, s. 231.

DIVISION II DEDUCTIONS

1972, c. 23.

839. A life insurer may deduct the amounts provided for in this division in computing his income derived, for a taxation year, from the carrying on of his life insurance business in Canada.

1972, c. 23, s. 627.

840. The amounts that a life insurer may deduct for the year include:

(a)  any amount that the insurer claims as a policy reserve for the year in respect of its life insurance policies, not exceeding the aggregate of amounts that the insurer is allowed by regulation to deduct in respect of the policies;

(a.1)  any amount that the insurer claims as a reserve for the year in respect of claims that were received by the insurer before the end of the year under its life insurance policies and that are unpaid at the end of the year, not exceeding the aggregate of amounts that the insurer is allowed by regulation to deduct in respect of the policies;

(a.2)  the amount included under paragraph a.1 of section 844 in computing the insurer’s income for the preceding taxation year;

(b)  (paragraph repealed);

(c)  (paragraph repealed); and

(d)  an amount as a reserve for policy dividends that will become payable by the insurer in the following taxation year equal to the least of

i.  that portion of policy dividends that has accrued in the year or a preceding taxation year to or for the benefit of participating life insurance policyholders of the insurer, to the extent that an amount in respect thereof has not been included, either explicitly or implicitly, in the calculation of the amount deductible by the insurer for the year under paragraph a, and, for the purposes of this subparagraph, a policy dividend in respect of a life insurance policy is deemed to accrue in equal daily amounts between anniversary dates of the policy,

ii.  110% of the amount paid or unconditionally credited in the taxation year following the year in respect of the portion referred to in subparagraph i of policy dividends that has accrued in the year or a preceding taxation year, and

iii.  the excess, if any, of the amount contemplated in subparagraph ii of paragraph a of section 841 for the year over the amount contemplated in subparagraph i of the said paragraph for the year.

1972, c. 23, s. 628; 1975, c. 22, s. 220; 1978, c. 26, s. 152; 1986, c. 19, s. 167; 1990, c. 59, s. 317; 1994, c. 22, s. 280; 1996, c. 39, s. 273; 1998, c. 16, s. 202.

841. A life insurer may also deduct:

(a)  an amount equal to the lesser of:

i.  the excess of the aggregate of the policy dividends to the extent that they are not paid out of a segregated fund, which have become payable by the insurer after his 1968 taxation year and before the end of the year in accordance with the terms of its participating life insurance policies, over the aggregate of the amounts deductible in computing his income under this paragraph for the preceding taxation years, and

ii.  the excess of the aggregate of its income, computed in accordance with prescribed rules, for the year and the preceding taxation years ending after 31 December 1968 from its participating life insurance business carried on in Canada, over the aggregate of the amounts deductible, under this paragraph or paragraph d of section 840, in computing its income for the preceding taxation years;

(b)  any amount that he might deduct in computing his income if the provisions of section 832 applied to a life insurance business in Canada, to the exclusion, however, of an amount credited under a participating life insurance;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  any policy loan granted by him in the year and after 1977;

(g)  for its taxation year ending after 12 November 1981, the aggregate of interest on a policy loan included by it in computing its income for a taxation year ending before 13 November 1981,

i.  to the extent that the interest had accrued to it before the commencement of its taxation year 1969, or

ii.  to the extent that the interest had been included in computing its income for a preceding taxation year;

(h)  (paragraph repealed).

1972, c. 23, s. 629; 1973, c. 17, s. 96; 1978, c. 26, s. 153; 1984, c. 15, s. 189; 1986, c. 19, s. 168; 1990, c. 59, s. 318; 1991, c. 25, s. 95; 1996, c. 39, s. 232; 2001, c. 53, s. 170.

841.1. For the purposes of subparagraph i of paragraph a of section 841,

(a)  an insurer’s 1975/1976 excess policy dividend deduction, within the meaning of the regulations, is deemed to be an amount that was deductible under the said paragraph in computing its income for taxation years before its taxation year 1977; and

(b)  an insurer’s 1977 excess policy dividend deduction, within the meaning of the regulations, is deemed to be an amount that was deductible under the said paragraph in computing its income for taxation years before its taxation year 1978.

1978, c. 26, s. 154; 1986, c. 19, s. 169.

842. Notwithstanding any other provision of this Act,

(a)  an insurer shall not make any deduction under section 140 in computing its income for a taxation year from an insurance business in Canada in respect of a premium or other consideration for a life insurance policy in Canada or an interest in such a policy;

(b)  an insurer not resident in Canada or a life insurer resident in Canada that carries on part of its insurance business for a taxation year outside Canada shall not make any deduction under section 160 or 163 in computing its income for a taxation year from carrying on an insurance business in Canada, except to the extent provided for in section 842.1.

1972, c. 23, s. 630; 1978, c. 26, s. 155; 1984, c. 15, s. 190; 1990, c. 59, s. 319.

842.1. For the purposes of paragraph b of section 842, an insurer may claim a deduction under section 160 or 163 in computing its income for a taxation year from carrying on its insurance business in Canada, in respect of

(a)  interest on borrowed money used to acquire designated insurance property for the year, or to acquire property for which designated insurance property for the year was substituted property, for the period in the year during which the designated insurance property was held by the insurer in relation to the business;

(b)  interest on amounts payable for designated insurance property for the year in respect of the business; and

(c)  interest on deposits received or other amounts held by the insurer that arose in connection with life insurance policies in Canada or with policies insuring Canadian risks;

(d)  (paragraph repealed).

1978, c. 26, s. 155; 1984, c. 15, s. 190; 1998, c. 16, s. 203; 2004, c. 8, s. 165.

843. In no case may a life insurer resident in Canada, in computing its income, make any deduction under section 146.1 in respect of foreign taxes attributable to its insurance business, nor make any deduction under sections 772.2 to 772.13 in computing its income in respect of foreign taxes attributable to income from its insurance business.

1972, c. 23, s. 631; 1973, c. 17, s. 97; 1984, c. 15, s. 190; 1995, c. 63, s. 94.

843.1. (Repealed).

1990, c. 59, s. 320; 1996, c. 39, s. 233.

DIVISION III AMOUNTS TO BE INCLUDED

1972, c. 23.

844. An insurer shall, in computing its income for a taxation year from carrying on its life insurance business in Canada, include

(a)  the aggregate of all amounts each of which is an amount that the insurer has deducted under paragraph a, a.1 or d of section 840 as a reserve in computing the insurer’s income for the preceding taxation year;

(a.1)  the amount prescribed in respect of the insurer for the year in respect of its life insurance policies;

(b)  (paragraph repealed);

(c)  (paragraph repealed);

(d)  every amount received by the insurer in the year as repayment of a policy loan or as interest on that loan.

1972, c. 23, s. 632; 1973, c. 17, s. 98; 1978, c. 26, s. 156; 1990, c. 59, s. 321; 1996, c. 39, s. 234; 1998, c. 16, s. 204; 2000, c. 39, s. 103; 2001, c. 53, s. 171.

844.0.1. For the purposes of sections 840, 841 and 844, a life insurance policy includes a benefit under a group life insurance policy or a group annuity contract.

1998, c. 16, s. 205.

844.1. For the purposes of paragraph a of section 844, an insurer is deemed to have deducted in computing its income for its taxation year 1976 or its taxation year 1977, as the case may be, the prescribed amounts.

1978, c. 26, s. 157.

844.2. For the purposes of paragraph a of section 844, in computing a life insurer’s income from carrying on its life insurance business in Canada for its first taxation year ending after 31 December 1984, the life insurer is deemed to have deducted under paragraph a of section 840, in computing its income from that business for its last taxation year ending before 1 January 1985, an amount equal to the amount by which

(a)  the aggregate of the amounts deducted by the insurer in computing its income for a taxation year ending after 31 December 1968 and before 1 January 1985 in respect of a claim under a life insurance policy that was likely to arise after the end of the particular taxation year in respect of a death that occurred in the particular taxation year, exceeds

(b)  the aggregate of the amounts paid by the insurer or included in computing its income before the commencement of its first taxation year ending after 31 December 1984 in respect of an amount described in paragraph a.

1987, c. 67, s. 163; 1994, c. 22, s. 281.

844.3. Where, for a period of time in a taxation year, a life insurer owned land described in any of subparagraphs a, c and d of the second paragraph or an interest therein or had an interest in a building described in subparagraph b of that paragraph, the life insurer shall, where the land, building or interest was designated insurance property of the insurer for the year, or property used or held by it in the year in the course of carrying on an insurance business in Canada, include in computing its income for the year the aggregate of all amounts each of which is the amount prescribed in respect of the cost or capital cost to it, as the case may be, of the land, building or interest for the period, and the amount prescribed shall, at the end of the period, be included in computing

(a)  the cost to the insurer of the land or interest therein, where such land or interest is property described in subparagraph a of the second paragraph, and

(b)  the capital cost to the insurer of the interest in the building described in subparagraph b of the second paragraph, where the land, building or interest therein is property described in any of subparagraphs b to d of the said paragraph.

The land, interest in land or interest in a building to which the first paragraph refers is, as the case may be,

(a)  land, other than land described in subparagraph c or d or an interest therein that was not held primarily for the purpose of gaining or producing income from the land for the period referred to in the first paragraph;

(b)  an interest in a building that was being constructed, renovated or altered;

(c)  land subjacent to the building described in subparagraph b or an interest in such land;

(d)  land contiguous to the land described in subparagraph c, or an interest in such contiguous land that was used or was intended to be used for a parking area, driveway, yard, garden or other use necessary for the use or intended use of the building described in subparagraph b.

1990, c. 59, s. 322; 1998, c. 16, s. 206.

844.4. Where a life insurer has transferred or lent property, directly or indirectly in any manner whatever, to a person or partnership, in this section referred to as the “transferee”, that is affiliated with the insurer or a person or partnership that does not deal at arm’s length with the insurer and that property, property substituted for that property or property the acquisition of which was assisted by the transfer or loan of that property was property described in any of subparagraphs a to d of the second paragraph of section 844.3 of the transferee for a period of time in a taxation year of the insurer, the following rules apply:

(a)  section 844.3 shall apply to the insurer to include an amount in computing its income for the year on the assumption that the property was owned by the insurer for the period, was property described in any of subparagraphs a to d of the second paragraph of section 844.3 of the insurer and was used or held by it in the year in the course of carrying on an insurance business in Canada;

(b)  an amount included in the insurer’s income for the year under section 844.3 by reason of the application of this section shall,

i.  where subparagraph ii does not apply, be added by the insurer in computing the cost to it of shares of the capital stock of or an interest in the transferee at the end of the year, or

ii.  where the insurer and the transferee make a valid election under subsection 4.5 of section 138 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in relation to the property, be added in computing

(1)  where the property is land, or an interest therein, described in subparagraph a of the second paragraph of section 844.3 of the transferee, the cost to the transferee of the land or the interest therein;

(2)  where the property is land, a building or an interest therein described in any of subparagraphs b to d of the second paragraph of section 844.3, the capital cost to the transferee of the interest in the building described in subparagraph b of the said paragraph.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4.5 of section 138 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1990, c. 59, s. 322; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1998, c. 16, s. 207; 2009, c. 5, s. 352.

844.5. For the purposes of section 844.3, the construction, renovation or alteration of a building is completed at the earlier of the day on which the construction, renovation or alteration is actually completed and the day on which all or substantially all of the building is used for the purpose for which it was constructed, renovated or altered.

1990, c. 59, s. 322.

DIVISION III.1 TRANSITIONAL RULES

2010, c. 25, s. 94.

844.6. There must be included in computing a life insurer’s income for its transition year from a life insurance business carried on by it in Canada in the transition year, the positive amount of the life insurer’s reserve transition amount in respect of that life insurance business.

2010, c. 25, s. 94.

844.7. If a life insurer’s reserve transition amount in respect of a life insurance business carried on by it in Canada is negative, the reserve transition amount, expressed as a positive amount, must be deducted in computing the life insurer’s income for its transition year from the life insurance business.

2010, c. 25, s. 94.

844.8. If an amount has been included under section 844.6 in computing a life insurer’s income for its transition year from a life insurance business carried on by it in Canada, there must be deducted in computing the life insurer’s income, for each particular taxation year of the life insurer that ends after the beginning of the transition year, from that life insurance business, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount included under section 844.6 in computing the life insurer’s income for its transition year from that life insurance business; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 94.

844.9. If an amount has been deducted under section 844.7 in computing a life insurer’s income for its transition year from a life insurance business carried on by it in Canada, there must be included in computing the life insurer’s income, for each particular taxation year of the life insurer that ends after the beginning of the transition year, from that life insurance business, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount deducted under section 844.7 in computing the life insurer’s income for its transition year from that life insurance business; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 94.

844.10. If a life insurer has, in a winding-up to which section 556 has applied, been wound up into another corporation (in this section referred to as the “parent”), and immediately after the winding-up the parent carries on a life insurance business, in applying sections 844.8 and 844.9 in computing the income of the life insurer and of the parent for the particular taxation years that end on or after the first day (in this section referred to as the “start day”) on which assets of the life insurer were distributed to the parent on the winding-up, the following rules apply:

(a)  the parent is, on and after the start day, deemed to be the same corporation as and a continuation of the life insurer in respect of

i.  any amount included under section 844.6 or deducted under section 844.7 in computing the life insurer’s income from a life insurance business for its transition year,

ii.  any amount deducted under section 844.8 or included under section 844.9 in computing the life insurer’s income from a life insurance business for a taxation year of the life insurer that begins before the start day, and

iii.  any amount that would–in the absence of this section and if the life insurer existed and carried on a life insurance business on each day that is the start day or a subsequent day and on which the parent carries on a life insurance business–be required to be deducted under section 844.8 or included under section 844.9, in respect of any of those days, in computing the life insurer’s income from a life insurance business; and

(b)  the life insurer is, in respect of each of its particular taxation years, to determine the number of days that is referred to in subparagraph b of the second paragraph of sections 844.8 and 844.9 without reference to the start day and days after the start day.

2010, c. 25, s. 94.

844.11. The rules in section 844.12 apply if, at any time, a life insurer (in this section and section 844.12 referred to as the “transferor”) transfers, to a corporation (in this section and section 844.12 referred to as the “transferee”) that is related to the transferor, property in respect of a life insurance business carried on by the transferor in Canada (in this section and section 844.12 referred to as the “transferred business”) and

(a)  section 832.3 or 832.9 applies to the transfer; or

(b)  section 518 applies to the transfer, the transfer includes all or substantially all of the property and liabilities of the transferred business and, immediately after the transfer, the transferee carries on a life insurance business.

2010, c. 25, s. 94.

844.12. The rules to which section 844.11 refers and that apply to the transfer of property at any time are as follows:

(a)  the transferee is, at and after that time, deemed to be the same corporation as and a continuation of the transferor in respect of

i.  any amount included under section 844.6 or deducted under section 844.7 in computing the transferor’s income for its transition year that can reasonably be attributed to the transferred business,

ii.  any amount deducted under section 844.8 or included under section 844.9 in computing the transferor’s income for a taxation year of the transferor that begins before that time that can reasonably be attributed to the transferred business, and

iii.  any amount that would–in the absence of this section and if the transferor existed and carried on a life insurance business on each day that includes that time or is a subsequent day and on which the transferee carries on a life insurance business–be required to be deducted under section 844.8 or included under section 844.9, in respect of any of those days, in computing the transferor’s income that can reasonably be attributed to the transferred business; and

(b)  for the purpose of determining, in respect of the day that includes that time or any subsequent day, any amount that is required to be deducted under section 844.8 or included under section 844.9 in computing the transferor’s income for each particular taxation year from the transferred business, the amount referred to in subparagraph a of the second paragraph of those sections is deemed to be nil.

2010, c. 25, s. 94.

844.13. If at any time a life insurer ceases (otherwise than as a result of an amalgamation within the meaning of subsections 1 and 2 of section 544) to carry on all or substantially all of a life insurance business (in this section referred to as the “discontinued business”), and neither section 844.10 nor 844.11 applies, the following rules apply:

(a)  there must be deducted, in computing the life insurer’s income from the discontinued business for the life insurer’s taxation year that includes the time that is immediately before that time, the amount determined by the formula

A - B; and

(b)  there must be included, in computing the life insurer’s income from the discontinued business for the life insurer’s taxation year that includes the time that is immediately before that time, the amount determined by the formula

C - D.

In the formulas in the first paragraph,

(a)  A is the amount included under section 844.6 in computing the life insurer’s income from the discontinued business for its transition year;

(b)  B is the aggregate of all amounts each of which is an amount deducted under section 844.8 in computing the life insurer’s income from the discontinued business for a taxation year that began before that time;

(c)  C is the amount deducted under section 844.7 in computing the life insurer’s income from the discontinued business for its transition year; and

(d)  D is the aggregate of all amounts each of which is an amount included under section 844.9 in computing the life insurer’s income from the discontinued business for a taxation year that began before that time.

2010, c. 25, s. 94.

844.14. If at any time a life insurer that carried on a life insurance business ceases to exist (otherwise than as a result of a winding-up described in section 844.10 or of an amalgamation within the meaning of subsections 1 and 2 of section 544), for the purposes of section 844.13, the life insurer is deemed to have ceased to carry on the life insurance business at the time (determined without reference to this section) at which the life insurer ceased to carry on the life insurance business or, if it is earlier, the time that is immediately before the end of the last taxation year of the life insurer that ended at or before the time at which the life insurer ceased to exist.

2010, c. 25, s. 94.

DIVISION IV COMPUTATION OF TAXABLE INCOME OF A LIFE INSURER

1972, c. 23.

845. A life insurer shall not claim any deduction under sections 738 to 745 in computing its taxable income for a taxation year.

It may, however, deduct in computing its taxable income, except as otherwise provided by sections 738 to 745, the aggregate of taxable dividends, other than dividends on term preferred shares acquired by it in the ordinary course of carrying on its business, included in computing its income for the year and received by it in the year from a taxable Canadian corporation.

1972, c. 23, s. 633; 1973, c. 17, s. 99; 1978, c. 26, s. 158; 1980, c. 13, s. 70; 1982, c. 5, s. 151; 1990, c. 59, s. 323; 1997, c. 3, s. 71.

846. (Repealed).

1972, c. 23, s. 634; 1978, c. 26, s. 159; 1982, c. 5, s. 152; 1998, c. 16, s. 208.

847. (Repealed).

1972, c. 23, s. 635; 1978, c. 26, s. 160; 1998, c. 16, s. 208.

848. (Repealed).

1972, c. 23, s. 636; 1978, c. 26, s. 161; 1998, c. 16, s. 208.

849. (Repealed).

1972, c. 23, s. 637; 1978, c. 26, s. 162; 1980, c. 13, s. 71; 1997, c. 14, s. 146; 1998, c. 16, s. 208.

850. (Repealed).

1972, c. 23, s. 638; 1978, c. 26, s. 163; 1995, c. 1, s. 93; 1995, c. 49, s. 187; 1997, c. 14, s. 147; 1998, c. 16, s. 208.

851. (Repealed).

1972, c. 23, s. 639; 1978, c. 26, s. 164.

CHAPTER IV RULES APPLICABLE TO SEGREGATED FUNDS

1978, c. 26, s. 165.

DIVISION I GENERALITIES

1978, c. 26, s. 165.

851.1. For the purposes of this Part, the rules provided in this chapter apply where all or any portion of an insurer’s reserves in respect of life insurance policies vary depending on the fair market value of a specified group of properties.

1978, c. 26, s. 165.

851.2. An inter vivos trust is deemed to be created in respect of an insurer’s segregated fund at the time that is the later of the day that the segregated fund is created and the day on which the insurer’s taxation year 1978 commences, and to continue in existence throughout the period during which the fund determines any portion of the benefits payable under its segregated fund policies.

Property of the fund and any income accruing on that property are deemed to be the property and income of that trust and the insurer is deemed to be the trustee having control of the property of the trust.

1978, c. 26, s. 165.

851.3. For the purposes of paragraph a of section 657 and sections 652 and 663, the income of a segregated fund trust for a taxation year is deemed to be an amount that has become payable in the year to the beneficiaries under the trust and the amount payable to each beneficiary is equal to the amount determined in conformity with the terms and conditions of the segregated fund policy relating to the trust.

1978, c. 26, s. 165; 1990, c. 59, s. 324.

851.4. The expression “terms and conditions of the trust arrangement” in sections 646 to 682 is deemed to include the terms and conditions of a segregated fund policy and the trustee is deemed to have designated the amounts referred to in the said sections in accordance with those terms and conditions.

1978, c. 26, s. 165.

DIVISION II RULES RELATING TO AN INSURER

1978, c. 26, s. 165.

851.5. Where property of a segregated fund trust is used or held by an insurer in the course of carrying on the insurer’s life insurance business in Canada, the insurer is deemed to be a resident of Canada in respect of that property and a non-resident of Canada in respect of the other property of the trust.

1978, c. 26, s. 165; 1997, c. 14, s. 148.

851.6. Where, at a particular time, a segregated fund trust has property that was not funded with premiums paid under a segregated fund policy relating to the trust, the insurer is deemed to have an interest in the trust that is not respect of any particular property or separate source of income.

The cost at a particular time of that interest to an insurer is deemed to be equal to the aggregate of the amount that would be the adjusted cost base, to the insurer, of the property described in the first paragraph at that time that it allocated to the segregated fund prior to 1978 if that interest had been a capital property at all times prior to 1978 and if the rules provided in this chapter had applied to the taxation years 1972 to 1977, and the fair market value, at the time the insurer last allocated it to the fund, of the other property described in the said paragraph at that particular time that the insurer allocated to the segregated fund after 1977.

1978, c. 26, s. 165.

851.7. Where any portion of the benefits payable by an insurer under a segregated fund policy varies with the fair market value of the property of the segregated fund at the time the benefits become payable, the obligations of the insurer in respect of that portion of the benefits are deemed to be obligations of the trustee of the segregated fund trust relating to that policy.

1978, c. 26, s. 165.

851.8. Where, at a particular time, the fair market value of property transferred by an insurer to a segregated fund results in both an increase at that time in the portion of the insurer’s reserves in respect of a segregated fund policy that vary with the fair market value of the property of the fund and a decrease in the portion of those reserves that do not so vary, the amount of that increase is deemed, for the purposes of computing the income of the insurer, to be a payment made by it in accordance with the terms and conditions of the policy at that time.

1978, c. 26, s. 165.

851.9. Where, at a particular time, the fair market value of property from a segregated fund transferred by an insurer results in both a decrease, at that time, in that portion of the insurer’s reserves in respect of a segregated fund policy that vary with the fair market value of the property of the fund and an increase in the portion of those reserves that do not so vary, the amount of that increase is deemed, for the purposes of computing the income of the insurer, to be a premium received by it at that time.

1978, c. 26, s. 165.

851.10. Where an insurer holds property at the end of its taxation year 1977 in connection with a segregated fund, the following rules apply:

(a)  the insurer is deemed to have disposed of the property on the day referred to in section 851.2 for proceeds equal to its adjusted cost base to the insurer on that day and the segregated fund trust is deemed to have acquired that property on the same day at a cost equal to those proceeds;

(b)  the transaction referred to in paragraph a is deemed to be made between persons not dealing at arm’s length; and

(c)  the insurer is deemed, for the purposes of computing its income for the taxation year 1978, to have paid in the year to its policyholders in satisfaction of their rights under their segregated fund policies, an amount equal to that portion of the amount deducted under paragraph a of section 840 in computing its income for the taxation year 1977 that is in respect of segregated fund policies.

1978, c. 26, s. 165; 1980, c. 13, s. 72; 1996, c. 39, s. 273.

DIVISION III RULES RELATING TO POLICYHOLDERS

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.11. Where, at a particular time, a segregated fund trust has property that was funded with a portion of the premiums paid before that time under a segregated fund policy relating to the trust, that portion of the premiums is deemed not to have been paid in respect of those premiums and the holder of such a policy is deemed to have an interest in the trust that is not in respect of any particular property or any separate source of income.

The cost of that interest to the policyholder at a particular time is deemed to be equal to the aggregate of the amount that would be the adjusted cost base on 31 December 1977, to the insurer, of the property described in the first paragraph if that interest had been a capital property at all times prior to 1978 and if the rules provided in this chapter, but for the words “capital loss” and “loss” in section 851.16, had applied to the taxation years 1972 to 1977, and the portion, other than that representing the costs of acquisition, of the premiums described in the said paragraph and paid before that time but after the insurer’s taxation year 1977, that the insurer has used or must use to fund the property of the segregated fund.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.12. For the purposes of computing the adjusted cost base to the holder of a segregated fund policy of his interest in the segregated fund relating to that policy, the amount of the increase referred to in section 851.8 in respect of that policy must, at the particular time referred to in the said section, be added to the cost to him of that interest.

For the purposes of section 976, the amount of that increase is deemed to be the proceeds of the disposition of an interest in the policy that the holder becomes entitled to receive at that time.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.13. In the case referred to in section 851.7, any amount that the holder of the segregated fund policy receives or becomes entitled to receive at a particular time in conformity with an obligation referred to in the said section is deemed to be the proceeds of the disposition of an interest in the segregated fund trust relating to that policy.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.14. Where, at a particular time, the holder of a segregated fund policy disposes of all or a portion of his interest in the segregated fund trust relating to that policy, the trust is deemed to sustain a capital loss that is equal to the amount computed under section 851.15 and that, for the purposes of section 851.16, reduces by that amount the benefits payable to the policyholder under that policy.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.15. The amount referred to in section 851.14 is equal to that proportion of the amount by which the acquisition fee of the segregated fund policy exceeds the aggregate of the amounts determined under the said section in respect of the policy before the particular time, that the fair market value, at the particular time, of the interest disposed of is of the fair market value, immediately before the particular time, of the policyholder’s interest in the segregated fund trust relating to that policy.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.16. A capital gain or capital loss of a segregated fund trust from the disposition of any property is deemed to be a capital gain or a capital loss, as the case may be, of a holder of a segregated fund policy relating to the trust or of another beneficiary of the trust to the extent that the benefits payable to that policyholder under his policy or the interest of that other beneficiary in the trust are affected by that gain or that loss.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.16.1. Where an amount is deemed under section 851.16 to be a capital gain or capital loss of a holder of a segregated fund policy relating to a segregated fund trust or of another beneficiary of the trust, in respect of capital gains or losses realized or sustained in a taxation year of the trust that includes 28 February 2000 or 17 October 2000, and the trust so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of the gains and losses that is in respect of capital gains or losses from dispositions of property that occurred before 28 February 2000 is deemed to be that proportion of the gains or losses that the number of days that are in the year and before 28 February 2000 is of the number of days that are in the year;

(b)   the portion of the gains and losses that is in respect of capital gains or losses from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the gains or losses that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of the gains and losses that is in respect of capital gains or losses from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the gains or losses that the number of days that are in the year and in that period is of the number of days that are in the year.

2003, c. 2, s. 253.

851.16.2. Where a capital gain or a capital loss is deemed by section 851.16 to be a capital gain or a capital loss of a holder of a segregated fund policy relating to a segregated fund trust or of another beneficiary of the trust, in this section referred to as the “taxpayer”, the following rules apply:

(a)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer includes 27 February 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and before 28 February 2000;

(b)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;

(c)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and before 18 October 2000;

(d)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred before 28 February 2000 and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;

(e)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 18 October 2000 and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the capital gain or capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year;

(f)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 18 October 2000 and the taxation year of the taxpayer includes 28 February 2000 and 17 October 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000;

(g)  if the capital gain or capital loss is in respect of capital gains or capital losses from dispositions of property by the trust that occurred after 27 February 2000 but before 17 October 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 17 October 2000, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition by the taxpayer of capital property in the year; and

(h)  in any other case, the capital gain or the capital loss is deemed to be a capital gain or a capital loss, as the case may be, of the taxpayer from the disposition of capital property by the taxpayer in the taxpayer’s taxation year and after 17 October 2000.

2003, c. 2, s. 253.

851.17. For the purposes of this chapter, the expression “acquisition fee” means the amount by which the aggregate of the amounts described in section 851.18 exceeds the aggregate of the portions of each of those amounts that may reasonably be considered to be in respect of an interest in the segregated fund that was disposed of before 1978.

1978, c. 26, s. 165.

851.18. The amounts referred to in section 851.17 are the following:

(a)  the amount of that portion of a premium under a segregated fund policy that cannot reasonably be regarded as an amount required to fund a mortality or maturity benefit or that is not included in the segregated fund relating to that policy;

(b)  the amount of a transfer from a segregated fund that cannot reasonably be regarded as an amount required to fund a mortality or maturity benefit, except annual administration fees;

(c)  the amount of the decrease in the proceeds payable to the holder of a segregated fund policy on the surrender or partial surrender of the policy to the extent that that amount may reasonably be regarded as a surrender fee.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

851.19. Divisions I, II and IV and sections 851.11 to 851.18 do not apply to the holder of a segregated fund policy that is issued or effected as a registered retirement savings plan, registered retirement income fund or tax-free savings account or that is issued under a registered pension plan.

1978, c. 26, s. 165; 1991, c. 25, s. 96; 1994, c. 22, s. 282; 1996, c. 39, s. 273; 2001, c. 53, s. 172; 2009, c. 15, s. 162.

DIVISION IV CAPITAL PROPERTY OF A SEGREGATED FUND TRUST

1978, c. 26, s. 165.

851.20. If, at a particular time, the holder of a segregated fund policy withdraws all or part of the holder’s interest in that policy, and the trustee of the segregated fund trust relating to that policy makes, in relation to the withdrawal, a valid election under subsection 4 of section 138.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of a capital property of the trust, the capital property is deemed to have been disposed of on the date designated by the trustee in respect of the capital property in the election for proceeds of disposition equal to the amount designated by the trustee in respect of the capital property in the election in accordance with that subsection 4, which amount is to be reduced to the greater of or increased to the lesser of, as the case may be, the fair market value of the capital property on the date of the disposition and the adjusted cost base to the trust of the capital property on that date, and to have been reacquired by the trust immediately after at a cost equal to those proceeds.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 4 of section 138.1 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1978, c. 26, s. 165; 1996, c. 39, s. 273; 2001, c. 53, s. 173; 2009, c. 5, s. 353.

851.21. If the trustee of a segregated fund trust has made an election referred to in the first paragraph of section 851.20, the following rules apply:

(a)  the trustee must allocate to any policyholder who withdraws, at the particular time referred to in that first paragraph, all or part of his interest in a segregated fund policy relating to the trust, the amount of any capital gain or capital loss resulting from the disposition referred to in that first paragraph to the extent that the amount of benefits payable to that policyholder under his policy at that time is affected by the capital gain or capital loss in respect of property held by the trust at that time;

(b)  the allocation mentioned in paragraph a is deemed to have been made immediately before the withdrawal referred to in that paragraph;

(c)  any capital gain that is not allocated in accordance with paragraph a is deemed to be allocated in accordance with the terms and conditions of the segregated fund policy; and

(d)  any capital loss that is not allocated in accordance with paragraph a is deemed to be a non-deductible loss for each policyholder to the extent that the benefits payable under his policy would be affected by that loss.

1978, c. 26, s. 165; 1996, c. 39, s. 273; 2009, c. 5, s. 354.

851.22. At any particular time, the adjusted cost base of each capital property of a segregated fund trust is deemed to be the amount by which the adjusted cost base of the property to the trust immediately before that time exceeds the aggregate of amounts each of which is an amount in respect of the disposition by the holder of a segregated fund policy relating to the trust of all or part of his interest in the trust at that time equal to that proportion of the amount by which the adjusted cost base to the policyholder of his interest in the trust at that time exceeds his proceeds of the disposition of such interest that the fair market value of the capital property at that time is of the fair market value of all capital property of the trust at the same time.

1978, c. 26, s. 165; 1996, c. 39, s. 273.

TITLE V.1 FINANCIAL INSTITUTIONS

1996, c. 39, s. 235.

CHAPTER I INTERPRETATION

1996, c. 39, s. 235.

851.22.1. In this Title,

“base year” of a taxpayer means the taxpayer’s taxation year that precedes the taxpayer’s transition year;

“excluded property” of a taxpayer for a taxation year means property, held in the year by the taxpayer, that is

(a)  a share of the capital stock of a corporation if, at any time in the year, the taxpayer has a significant interest in the corporation;

(b)  a property that is, at all times in the year at which the taxpayer held the property, a prescribed payment card corporation share of the taxpayer;

(c)  if the taxpayer is an investment dealer, a property that is, at all times in the year at which the taxpayer held the property, a prescribed securities exchange investment of the taxpayer;

(d)  a share of the capital stock of a corporation if

i.  control of the corporation is, at any time (in this paragraph referred to as the “acquisition of control time”) that is in the 24-month period that begins immediately after the end of the year, acquired by

(1)  the taxpayer,

(2)  one or more persons related to the taxpayer (otherwise than by reason of a right referred to in paragraph b of section 20), or

(3)  the taxpayer and one or more persons described in subparagraph 2; and

ii.  the taxpayer elects, in a document filed with the Minister on or before the taxpayer’s filing-due date for the taxpayer’s taxation year that includes the acquisition of control time, to have subparagraph i apply; or

(e)  a prescribed property;

“fair value property” of a taxpayer for a taxation year means a property, held at any time in the year by the taxpayer, that is–or it is reasonable to expect would, if the taxpayer held the property at the end of the year, be–valued (otherwise than solely because its fair value was less than its cost to the taxpayer or, if the property is a specified debt obligation, because of a default of the debtor) in accordance with generally accepted accounting principles, at its fair value (determined in accordance with those principles) in the taxpayer’s balance sheet as at the end of the year;

“financial institution” at a particular time means, subject to the second paragraph,

(a)  a corporation that is, at that time,

i.  a corporation referred to in any of paragraphs a to e.1 of the definition of “restricted financial institution” in section 1,

ii.  an investment dealer, or

iii.  a corporation controlled by one or more persons or partnerships each of which is a financial institution at that time, other than a corporation the control of which was acquired by reason of the default of a debtor where it is reasonable to consider that control is being retained solely for the purpose of minimizing any losses in respect of the debtor’s default; and

(b)  a trust or partnership more than 50% of the fair market value of all interests in which are held at that time by one or more financial institutions;

“investment dealer” at a particular time means a corporation that is, at that time, a registered securities dealer;

“mark-to-market property” of a taxpayer for a taxation year means property (other than an excluded property) held in the year by the taxpayer that is

(a)  a share;

(b)  where the taxpayer is not an investment dealer, a specified debt obligation that is a fair value property of the taxpayer for the year;

(c)  where the taxpayer is an investment dealer, a specified debt obligation; or

(d)  a tracking property of the taxpayer that is a fair value property of the taxpayer for the year;

“specified debt obligation” of a taxpayer means the interest held by the taxpayer in a loan, bond, debenture, note, hypothecary claim, mortgage, agreement of sale or any other similar indebtedness, or a debt obligation, where the taxpayer purchased the interest, other than an interest in

(a)  an income bond, an income debenture, a small business bond, a development bond or a prescribed property; or

(b)  an instrument issued by or made with a person to whom the taxpayer is related or with whom the taxpayer does not otherwise deal at arm’s length, or in which the taxpayer has a significant interest;

“tracking property” of a taxpayer means a property of the taxpayer the fair market value of which is determined primarily by reference to one or more criteria in respect of a property (in this definition referred to as a “tracked property”) that, if owned by the taxpayer, would be a mark-to-market property of the taxpayer, which criteria are

(a)  the fair market value of the tracked property;

(b)  the profits or gains from the disposition of the tracked property;

(c)  the revenue, income or cash flow from the tracked property; or

(d)  any other similar criteria in respect of the tracked property;

“transition amount” of a taxpayer for the taxpayer’s transition year is the positive or negative amount determined by the formula

A - B;

“transition property” of a taxpayer means a property that

(a)  was a specified debt obligation held by the taxpayer at the end of the taxpayer’s base year;

(b)  was not a mark-to-market property of the taxpayer for the taxpayer’s base year, but would have been a mark-to-market property of the taxpayer for the taxpayer’s base year if the property had been carried at the property’s fair market value in the taxpayer’s balance sheet as at the end of each taxation year of the taxpayer that ends after the taxpayer last acquired the property (otherwise than by reason of a reacquisition under section 851.22.15) and before the commencement of the taxpayer’s transition year; and

(c)  was a mark-to-market property of the taxpayer for the transition year of the taxpayer;

“transition year” of a taxpayer means the taxpayer’s first taxation year that begins after 30 September 2006.

“Financial institution”, as defined in the first paragraph, at a particular time does not include

(a)  a corporation that is, at that time, an investment corporation, a mortgage investment corporation, a mutual fund corporation, or a deposit insurance corporation within the meaning of section 804;

(b)  a trust that is a mutual fund trust at that time; or

(c)  a prescribed person or partnership.

In the formula in the definition of “transition amount” in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the fair market value, at the end of the taxpayer’s base year, of a transition property of the taxpayer; and

(b)  B is the aggregate of all amounts each of which is the cost amount to the taxpayer, at the end of the taxpayer’s base year, of a transition property of the taxpayer.

1996, c. 39, s. 235; 1997, c. 3, s. 71; 2001, c. 7, s. 117; 2001, c. 53, s. 174; 2005, c. 1, s. 197; 2010, c. 25, s. 95.

851.22.2. For the purposes of the definitions of “excluded property”, “mark-to-market property” and “specified debt obligation” in section 851.22.1 and of section 851.22.23.6, a taxpayer has a significant interest in a corporation at any time if the taxpayer is related otherwise than because of a right referred to in paragraph b of section 20 to the corporation at that time or the taxpayer holds, at that time, shares of the corporation that give the taxpayer 10% or more of the votes that could be cast under all circumstances at an annual meeting of shareholders of the corporation, and shares of the corporation having a fair market value of 10% or more of the fair market value of all the issued shares of the corporation.

For the purpose of determining under the first paragraph whether a taxpayer has a significant interest in a corporation at any time,

(a)  the taxpayer is deemed to hold each share that is held at that time by a person or partnership to whom the taxpayer is related otherwise than because of a right referred to in paragraph b of section 20; and

(b)  a share of the corporation acquired by the taxpayer by reason of the default of a debtor shall be disregarded where it is reasonable to consider that the share is being retained by the taxpayer for the purpose of minimizing any losses in respect of the debtor’s default, and a share of the corporation that is prescribed in respect of the taxpayer shall be disregarded.

For the purposes of this section, in determining if, at a particular time, a person or partnership is related to another person or partnership, the rules in sections 17 to 21 are to be applied as if,

(a)  a partnership (other than a partnership in respect of which an amount of the income or capital of the partnership that any particular person or particular partnership, in this paragraph referred to as the “entity”, may receive directly from the partnership at any time as a member of the partnership depends on the exercise by any entity of, or the failure by any entity to exercise, a discretionary power) were a corporation having capital stock of a single class divided into 100 issued shares and each member of the partnership owned, at the particular time, that proportion of the issued shares of that class that the fair market value of the member’s interest in the partnership at that time is of the fair market value of all interests in the partnership at the same time; and

(b)  a trust (other than a trust in respect of which an amount of the income or capital of the trust that any entity may receive directly from the trust as a beneficiary under the trust depends on the exercise by any entity of, or the failure by any entity to exercise, a discretionary power) were a corporation having capital stock of a single class divided into 100 issued shares and each beneficiary under the trust owned, at the particular time, that proportion of the issued shares of that class that the fair market value of the beneficiary’s beneficial interest in the trust at that time is of the fair market value of all beneficial interests in the trust at the same time.

1996, c. 39, s. 235; 1997, c. 3, s. 71; 2010, c. 25, s. 96.

851.22.3. (Repealed).

1996, c. 39, s. 235; 1997, c. 3, s. 71; 2010, c. 25, s. 97.

CHAPTER II SPECIFIED DEBT OBLIGATIONS

1996, c. 39, s. 235.

DIVISION I INCOME FROM SPECIFIED DEBT OBLIGATIONS

1996, c. 39, s. 235.

851.22.4. Subject to sections 851.22.5 and 851.22.5.1, where a taxpayer that is, in a taxation year, a financial institution holds a specified debt obligation at any time in the year, the following rules apply:

(a)  there shall be included in computing the taxpayer’s income for the year the amount prescribed in respect of the obligation;

(b)  there shall be deducted in computing the taxpayer’s income for the year the amount prescribed in respect of the obligation; and

(c)  except as provided by this chapter, paragraphs d and i of section 87 and sections 140 and 141, no amount shall be included or deducted in respect of payments under the obligation, other than fees and similar amounts, in computing the taxpayer’s income for the year.

1996, c. 39, s. 235; 2001, c. 7, s. 118.

851.22.4.1. Subject to section 851.22.5, where a taxpayer who holds a specified debt obligation at any time in a particular taxation year in which the taxpayer is a financial institution has not included, in computing the taxpayer’s income for a preceding taxation year, all or part of an amount required by section 92 or paragraph a of section 851.22.4 to be so included in respect of the obligation, that amount or that part of the amount shall be included by the taxpayer in computing the taxpayer’s income for the particular year, to the extent that it was not included in computing the taxpayer’s income for a preceding taxation year.

2001, c. 7, s. 119.

851.22.5. This division does not apply for a taxation year in respect of a specified debt obligation of a taxpayer that is a mark-to-market property for the year, an indexed debt obligation, other than a prescribed obligation, or a debt obligation disposed of before 23 February 1994.

1996, c. 39, s. 235.

851.22.5.1. Section 851.22.4 does not apply to a taxpayer in respect of a specified debt obligation for the part of a taxation year throughout which the obligation is impaired where an amount in respect of the obligation is deductible because of paragraph b of section 140 in computing the taxpayer’s income for the year.

2001, c. 7, s. 120.

DIVISION II DISPOSITION OF SPECIFIED DEBT OBLIGATIONS

1996, c. 39, s. 235.

851.22.6. This division applies where a taxpayer that is a financial institution disposes of a specified debt obligation that is not a mark-to-market property for the taxation year in which the disposition occurs.

Where a taxpayer disposes of part of a specified debt obligation, this chapter applies as if the part disposed of and the part retained were separate specified debt obligations.

1996, c. 39, s. 235; 2001, c. 7, s. 121.

851.22.7. In this division,

“tax basis” of a specified debt obligation at a particular time to a taxpayer means the amount by which the aggregate of the following amounts exceeds the amount referred to in section 851.22.8:

(a)  the cost of the obligation to the taxpayer;

(b)  an amount included under section 92, 123 or 851.22.4.1 or paragraph a of section 851.22.4 in respect of the obligation in computing the taxpayer’s income for a taxation year that began before the particular time;

(c)  subject to section 838, where the taxpayer acquired the obligation in a taxation year ending before 23 February 1994, the part of the amount included in computing the taxpayer’s income for a taxation year ending before 23 February 1994, by which the principal amount of the obligation at the time it was acquired exceeds the cost to the taxpayer of the obligation;

(d)  subject to section 838, where the taxpayer is a life insurer, an amount in respect of the obligation that was deemed by paragraph a of section 830, as it read, before its repeal, in its application to the taxation year 1977, to be a gain for a taxation year ending before 1 January 1978;

(e)  where the obligation is an indexed debt obligation, an amount determined under paragraph a of section 125.0.1 in respect of the obligation and included in computing the taxpayer’s income for a taxation year beginning before the particular time;

(f)  an amount in respect of the obligation that was included in computing the taxpayer’s income for a taxation year ending at or before the particular time in respect of changes in the value of the obligation attributable to the fluctuation in the value of a foreign currency relative to Canadian currency, other than an amount included under paragraph a of section 851.22.4;

(g)  an amount in respect of the obligation that was included under paragraph i of section 87 in computing the taxpayer’s income for a taxation year beginning before the particular time; and

(h)  where the obligation was a capital property of the taxpayer on 22 February 1994, an amount required by paragraph b or c.1 of section 255 to be added in computing the adjusted cost base of the obligation to the taxpayer on that day;

“transition amount” of a taxpayer in respect of the disposition of a specified debt obligation has the meaning assigned by the regulations.

1996, c. 39, s. 235; 2001, c. 7, s. 122.

851.22.8. The amount required to be deducted in computing the tax basis of a specified debt obligation at a particular time to a taxpayer is the aggregate of all amounts each of which is

(a)  an amount deducted under paragraph b of section 851.22.4 in respect of the obligation in computing the taxpayer’s income for a taxation year beginning before the particular time;

(b)  the amount of a payment received by the taxpayer under the obligation at or before the particular time, other than a fee or similar payment and the proceeds of disposition of the obligation;

(c)  subject to section 838, where the taxpayer acquired the obligation in a taxation year ending before 23 February 1994, the part of the amount that was deducted in computing the taxpayer’s income for a taxation year ending before 23 February 1994 by which the cost to the taxpayer of the obligation exceeds the principal amount of the obligation at the time it was acquired;

(d)  subject to section 838, where the taxpayer is a life insurer, an amount in respect of the obligation that was deemed by paragraph b of section 830, as it read, before its repeal, in its application to the taxation year 1977, to be a loss for a taxation year ending before 1 January 1978;

(e)  an amount that was deducted under section 167 in respect of the obligation in computing the taxpayer’s income for a taxation year beginning before the particular time;

(f)  where the obligation is an indexed debt obligation, an amount determined under paragraph b of section 125.0.1 in respect of the obligation and deducted in computing the taxpayer’s income for a taxation year beginning before the particular time;

(g)  an amount in respect of the obligation that was deducted in computing the taxpayer’s income for a taxation year ending at or before the particular time in respect of changes in the value of the obligation attributable to the fluctuation in the value of a foreign currency relative to Canadian currency, other than an amount deducted under paragraph b of section 851.22.4;

(h)  an amount in respect of the obligation that was deducted under section 141 in computing the taxpayer’s income for a taxation year ending at or before the particular time; or

(i)  where the obligation was a capital property of the taxpayer on 22 February 1994, an amount required by paragraph b or f.3 of section 257 to be deducted in computing the adjusted cost base of the obligation to the taxpayer on that day.

1996, c. 39, s. 235; 2001, c. 7, s. 123.

851.22.9. For the purposes of this division,

(a)  where the amount determined under paragraph c in respect of the disposition of a specified debt obligation by a taxpayer is positive, that amount is the taxpayer’s gain from the disposition of the obligation;

(b)  where the amount determined under paragraph c in respect of the disposition of a specified debt obligation by a taxpayer is negative, that amount expressed as a positive number is the taxpayer’s loss from the disposition of the obligation; and

(c)  the amount referred to in paragraphs a and b in respect of the disposition of a specified debt obligation by a taxpayer is the positive or negative amount determined by the formula

A − (B + C).

For the purposes of the formula in subparagraph c of the first paragraph,

(a)  A is the taxpayer’s proceeds of disposition of the specified debt obligation;

(b)  B is the tax basis of the obligation to the taxpayer immediately before the time of disposition; and

(c)  C is the taxpayer’s transition amount in respect of the disposition of the obligation.

1996, c. 39, s. 235; 2001, c. 7, s. 124.

851.22.10. Where a taxpayer has disposed of a specified debt obligation after 22 February 1994,

(a)  except as provided by this division and by paragraph d of section 484.12, no amount shall be included or deducted in respect of the disposition in computing the taxpayer’s income; and

(b)  except where the obligation is an indexed debt obligation, other than a prescribed obligation, the first paragraph of section 167 shall not apply in respect of the disposition.

1996, c. 39, s. 235; 2001, c. 7, s. 125.

851.22.11. Subject to section 851.22.13, where a taxpayer has, in a taxation year and after 31 December 1994, disposed of a specified debt obligation,

(a)  where the transition amount in respect of the disposition of the obligation is positive, it shall be included in computing the taxpayer’s income for the year;

(b)  where the transition amount in respect of the disposition of the obligation is negative, such transition amount expressed as a positive number shall be deducted in computing the taxpayer’s income for the year;

(c)  where the taxpayer has a gain from the disposition of the obligation, there shall be included in computing the taxpayer’s income for the year the current amount of the gain and, in computing the taxpayer’s income for each taxation year that ends on or after the day of disposition the amount allocated, in accordance with prescribed rules, to the year in respect of the residual portion of the gain; and

(d)  where the taxpayer has a loss from the disposition of the obligation, there shall be deducted in computing the taxpayer’s income for the year the current amount of the loss and, in computing the taxpayer’s income for each taxation year that ends on or after the day of disposition the amount allocated, in accordance with prescribed rules, to the year in respect of the residual portion of the loss.

1996, c. 39, s. 235; 2001, c. 7, s. 126.

851.22.12. For the purposes of section 851.22.11 and this section,

(a)  the current amount of a taxpayer’s gain or loss from the disposition of a specified debt obligation is

i.  where the taxpayer has a gain from the disposition of the obligation, the part of the gain that is reasonably attributable to a material increase in the probability, or perceived probability, that the debtor will make all payments as required by the obligation, and

ii.  where the taxpayer has a loss from the disposition of the obligation, the negative amount that the taxpayer claims not exceeding in magnitude the part of the loss that is reasonably attributable to a default by the debtor or a material decrease in the probability, or perceived probability, that the debtor will make all payments as required by the obligation; and

(b)  the residual portion of a taxpayer’s gain or loss from the disposition of a specified debt obligation is the amount by which the gain or loss exceeds the current amount of the gain or loss.

1996, c. 39, s. 235; 2001, c. 7, s. 127.

851.22.13. Subject to the second paragraph, where a taxpayer has, in a taxation year and after 22 February 1994, disposed of a specified debt obligation,

(a)  section 851.22.11 does not apply to the disposition;

(b)  there shall be included in computing the taxpayer’s income for the year the amount by which the taxpayer’s proceeds of disposition exceed the tax basis of the obligation to the taxpayer immediately before the disposition; and

(c)  there shall be deducted in computing the taxpayer’s income for the year the amount by which the tax basis of the obligation to the taxpayer immediately before the disposition exceeds the taxpayer’s proceeds of disposition.

The first paragraph applies only where

(a)  the obligation is an indexed debt obligation, other than a prescribed obligation, or a debt obligation prescribed in respect of the taxpayer; or

(b)  the disposition occurred before 1 January 1995, after 31 December 1994 in connection with the transfer of all or part of a business of the taxpayer to a person or partnership, because of paragraph c of section 851.22.23, or before 1 January 1996 where the taxpayer, other than a life insurance corporation, elects to have this section apply by notifying the Minister of Revenue in writing on or before the taxpayer’s filing-due date for the taxpayer’s taxation year that includes 23 May 2001.

Where a taxpayer elects under subparagraph b of the second paragraph, the Minister shall, for the purposes of Part I and notwithstanding sections 1010 to 1011, make such assessment or reassessment of the taxpayer’s tax, interest and penalties as is necessary for any taxation year to give effect to the election.

1996, c. 39, s. 235; 1997, c. 3, s. 71; 2001, c. 7, s. 128.

851.22.13.1. Notwithstanding section 175.1.1, where a taxpayer that holds a specified debt obligation receives a penalty or bonus because of the repayment before maturity of all or part of the principal amount of the debt obligation, the payment is deemed to be received by the taxpayer as proceeds of disposition of the obligation.

2001, c. 7, s. 129.

851.22.13.2. For the purposes of this division, where a taxpayer receives a payment, other than proceeds of disposition, under a specified debt obligation on or after the disposition of the obligation, the payment is deemed not to have been so received at that time but to have been so received immediately before the disposition.

2001, c. 7, s. 129.

CHAPTER III MARK-TO-MARKET PROPERTIES

1996, c. 39, s. 235.

851.22.14. Where, in a taxation year that begins after 31 October 1994, a taxpayer that is a financial institution in the year disposes of a property that is a mark-to-market property for the year, there shall be included in computing the taxpayer’s income for the year the profit, if any, from the disposition and there shall be deducted in computing the taxpayer’s income for the year the loss, if any, from the disposition.

1996, c. 39, s. 235.

851.22.15. Where a taxpayer that is a financial institution in a taxation year holds, at the end of the year, a mark-to-market property for the year, the taxpayer is deemed

(a)  to have disposed of the property immediately before the end of the year for proceeds equal to its fair market value at the time of disposition; and

(b)  to have reacquired the property at the end of the year at a cost equal to the proceeds referred to in paragraph a.

1996, c. 39, s. 235.

851.22.16. Where a taxpayer is a financial institution in a taxation year that begins after 31 October 1994, the following rules apply in respect of a specified debt obligation that is a mark-to-market property of the taxpayer for the year:

(a)  paragraph c of section 87 and sections 92, 157.6 and 167 do not apply to the obligation in computing the taxpayer’s income for the year; and

(b)  there shall be included in computing the taxpayer’s income for the year an amount received by the taxpayer in the year as, on account of, in lieu of payment of, or in satisfaction of, interest on the obligation, to the extent that the amount was not included in computing the taxpayer’s income for a preceding taxation year.

For the purposes of subparagraph b of the first paragraph, where the taxpayer is deemed by section 851.22.15 or paragraph b of section 851.22.23 to have disposed of the obligation in a preceding taxation year, no part of an amount included in computing the taxpayer’s income for the preceding taxation year because of the disposition shall be in respect of interest on the obligation.

1996, c. 39, s. 235.

851.22.17. There may be deducted in computing the income of a taxpayer for the taxpayer’s taxation year that includes 31 October 1994 such amount as the taxpayer claims not exceeding a prescribed amount in respect of properties, other than capital properties, disposed of by the taxpayer because of section 851.22.15.

1996, c. 39, s. 235.

851.22.18. Where a taxpayer deducts an amount under section 851.22.17 in computing the taxpayer’s income, there shall be included in computing the taxpayer’s income for each taxation year that begins before 1 January 1999 and ends after 30 October 1994 the aggregate of all amounts prescribed for the year.

1996, c. 39, s. 235; 2001, c. 7, s. 130.

851.22.19. Such amount as a taxpayer elects, not exceeding a prescribed amount in respect of capital properties disposed of by the taxpayer because of section 851.22.15, is deemed to be an allowable capital loss of the taxpayer for its taxation year that includes 31 October 1994 from the disposition of property or, where the taxpayer was not resident in Canada at any time in the year, from the disposition of taxable Québec property.

1996, c. 39, s. 235; 2001, c. 7, s. 130.

851.22.20. A taxpayer that elects an amount under section 851.22.19 is deemed, for each taxation year that begins before 1 January 1999 and ends after 30 October 1994, to have a taxable capital gain for the year from the disposition of property or, where the taxpayer was not resident in Canada at any time in the year, from the disposition of taxable Québec property equal to the aggregate of all amounts prescribed for the year.

1996, c. 39, s. 235; 2001, c. 7, s. 130.

851.22.21. Where in a particular taxation year that ends after 30 October 1994, a taxpayer disposed of a specified debt obligation that is a mark-to-market property of the taxpayer for the following taxation year, and either the disposition occurred because of section 851.22.15 and the particular year includes 31 October 1994, or the disposition occurred because of paragraph b of section 851.22.23,

(a)  section 157.6 does not apply to the disposition; and

(b)  where the conditions set out in subparagraphs i and ii are met, there shall be included in computing the taxpayer’s income for the particular year the amount by which the aggregate of all amounts each of which is an amount referred to in subparagraph i exceeds the aggregate of all amounts included under paragraph i of section 87 in respect of the obligation in computing the taxpayer’s income for the particular year or a preceding taxation year:

i.  an amount has been deducted under section 141 in respect of the obligation in computing the taxpayer’s income for the particular year or a preceding taxation year, and

ii.  section 92.22 does not apply to the disposition.

1996, c. 39, s. 235.

851.22.21.1. The rules in section 851.22.21.2 apply if

(a)  section 851.22.15 deems the taxpayer to have disposed of a specified debt obligation immediately before the end of the taxpayer’s transition year (in section 851.22.21.2 referred to as the “particular disposition”); and

(b)  the specified debt obligation was owned by the taxpayer at the end of the taxpayer’s base year and was not a mark-to-market property of the taxpayer for the taxpayer’s base year.

2010, c. 25, s. 98.

851.22.21.2. The rules to which section 851.22.21.1 refers and that apply to a taxpayer in respect of a particular disposition are the following:

(a)  section 157.6 does not apply to the taxpayer in respect of the particular disposition; and

(b)  if section 92.22 does not apply to the taxpayer in respect of the particular disposition, there must be included in computing the taxpayer’s income for the taxpayer’s transition year the amount by which the aggregate determined in the second paragraph is exceeded by the aggregate of all amounts each of which is an amount deducted under section 140 in respect of the specified debt obligation of the taxpayer in computing the taxpayer’s income for the taxpayer’s base year, or an amount deducted under section 141 in respect of the specified debt obligation of the taxpayer in computing the taxpayer’s income for a taxation year that preceded the taxpayer’s transition year.

The aggregate to which subparagraph b of the first paragraph refers is the aggregate of all amounts each of which is an amount included under paragraph d of section 87 in respect of the specified debt obligation of the taxpayer in computing the taxpayer’s income for the taxpayer’s transition year, or an amount included under paragraph i of section 87 in respect of the specified debt obligation of the taxpayer in computing the taxpayer’s income for the taxpayer’s transition year or a preceding taxation year.

2010, c. 25, s. 98.

851.22.22. The rules set out in the second paragraph apply where a taxpayer is deemed by section 851.22.15 to have disposed of a property in a taxation year, referred to as a “particular year” in the second paragraph, that includes 31 October 1994 and the following conditions are met:

(a)  the taxpayer acquired the property before 31 October 1994 at a cost less than the fair market value of the property at the time of acquisition;

(b)  the property was transferred, directly or indirectly, to the taxpayer by a person that would never have been a financial institution before the transfer if the definition of “financial institution” in section 851.22.1 had always applied; and

(c)  the cost of the property is less than the fair market value because section 518 applied in respect of the disposition of the property by the person referred to in subparagraph b.

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

(a)  where the taxpayer would, but for this subparagraph, have a taxable capital gain for the particular year from the disposition of the property, the part of the taxable capital gain that can reasonably be considered to have arisen while the property was held by a person described in subparagraph b of the first paragraph is deemed to be a taxable capital gain of the taxpayer from the disposition of the property for the taxation year in which the taxpayer disposes of the property otherwise than because of section 851.22.15, and not to be a taxable capital gain for the particular year; and

(b)  where the taxpayer has a profit, other than a capital gain, from the disposition of the property, the part of the profit that can reasonably be considered to have arisen while the property was held by a person described in subparagraph b of the first paragraph shall be included in computing the taxpayer’s income for the taxation year in which the taxpayer disposes of the property otherwise than because of section 851.22.15, and shall not be included in computing the taxpayer’s income for the particular year.

1996, c. 39, s. 235.

CHAPTER III.1 TRANSITIONAL RULES

2010, c. 25, s. 99.

851.22.22.1. If the transition amount of a taxpayer that is a financial institution in the taxpayer’s transition year is negative, the transition amount, expressed as a positive number, must be included in computing the taxpayer’s income for that year.

2010, c. 25, s. 99.

851.22.22.2. If the transition amount of a taxpayer that is a financial institution in the taxpayer’s transition year is positive, the transition amount must be deducted in computing the taxpayer’s income for that year.

2010, c. 25, s. 99.

851.22.22.3. If an amount has been included under section 851.22.22.1 in computing a taxpayer’s income for the taxpayer’s transition year, there must be deducted in computing the taxpayer’s income for each particular taxation year of the taxpayer that ends after the beginning of the transition year, and in which particular taxation year the taxpayer is a financial institution, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount included under section 851.22.22.1 in computing the taxpayer’s income for the taxpayer’s transition year; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 99.

851.22.22.4. If an amount has been deducted under section 851.22.22.2 in computing a taxpayer’s income for the taxpayer’s transition year, there must be included in computing the taxpayer’s income, for each particular taxation year of the taxpayer that ends after the beginning of the transition year, and in which particular taxation year the taxpayer is a financial institution, the amount determined by the formula

A × B/1,825.

In the formula in the first paragraph,

(a)  A is the amount deducted under section 851.22.22.2 in computing the taxpayer’s income for the taxpayer’s transition year; and

(b)  B is the number of days in the particular taxation year that are before the day that is 1,825 days after the first day of the transition year.

2010, c. 25, s. 99.

851.22.22.5. If a taxpayer has, in a winding-up to which section 556 has applied, been wound up into another corporation (in this section referred to as the “parent”), and immediately after the winding-up the parent is a financial institution, in applying sections 851.22.22.3 and 851.22.22.4 in computing the income of the taxpayer and of the parent for the particular taxation years that end on or after the first day (in this section referred to as the “start day”) on which assets of the taxpayer were distributed to the parent on the winding-up, the following rules apply:

(a)  the parent is, on and after the start day, deemed to be the same corporation as and a continuation of the taxpayer in respect of

i.  any amount included under section 851.22.22.1 or deducted under section 851.22.22.2 by the taxpayer in computing the taxpayer’s income for the taxpayer’s transition year,

ii.  any amount deducted under section 851.22.22.3 or included under section 851.22.22.4 in computing the taxpayer’s income for a taxation year of the taxpayer that begins before the start day, and

iii.  any amount that would–in the absence of this section and if the taxpayer existed and was a financial institution on each day that is the start day or a subsequent day and on which the parent is a financial institution–be required to be deducted under section 851.22.22.3 or included under section 851.22.22.4, in respect of any of those days, in computing the taxpayer’s income for the taxpayer’s transition year; and

(b)  the taxpayer is, in respect of each of the taxpayer’s particular taxation years, to determine the number of days that is referred to in subparagraph b of the second paragraph of sections 851.22.22.3 and 851.22.22.4 without reference to the start day and days after the start day.

2010, c. 25, s. 99.

851.22.22.6. The rules in section 851.22.22.7 apply if, at any time, a taxpayer (in this section and section 851.22.22.7 referred to as the “transferor”) transfers, to a corporation (in this section and section 851.22.22.7 referred to as the “transferee”) that is related to the transferor, property in respect of a business carried on by the transferor in Canada (in this section and section 851.22.22.7 referred to as the “transferred business”) and

(a)  section 832.3 or 832.9 applies to the transfer; or

(b)  section 518 applies to the transfer, the transfer includes all or substantially all of the property and liabilities of the transferred business and, immediately after the transfer, the transferee is a financial institution.

2010, c. 25, s. 99.

851.22.22.7. The rules to which section 851.22.22.6 refers and that apply to the transfer, at any time, of property are the following:

(a)  the transferee is, at and after that time, deemed to be the same corporation as and a continuation of the transferor in respect of

i.  any amount included under section 851.22.22.1 or deducted under section 851.22.22.2 in computing the transferor’s income for the transferor’s transition year that can reasonably be attributed to the transferred business,

ii.  any amount deducted under section 851.22.22.3 or included under section 851.22.22.4 in computing the transferor’s income for a taxation year of the transferor that begins before that time that can reasonably be attributed to the transferred business, and

iii.  any amount that would–in the absence of this section and if the transferor existed and was a financial institution on each day that includes that time or is a subsequent day and on which the transferee is a financial institution–be required to be deducted under section 851.22.22.3 or included under section 851.22.22.4, in respect of any of those days, in computing the transferor’s income that can reasonably be attributed to the transferred business; and

(b)  for the purpose of determining, in respect of the day that includes that time or any subsequent day, any amount that is required to be deducted under section 851.22.22.3 or included under section 851.22.22.4 in computing the transferor’s income for each particular taxation year from the transferred business, the amount referred to in subparagraph a of the second paragraph of those sections is deemed to be nil.

2010, c. 25, s. 99.

851.22.22.8. If section 633 deems a partnership (in this section referred to as the “new partnership”) to be a continuation of another partnership (in this section referred to as the “predecessor partnership”) and, at the time that is immediately after the predecessor partnership ceases to exist, the new partnership is a financial institution, in applying sections 851.22.22.3 and 851.22.22.4 in computing the income of the new partnership for the particular fiscal periods of the new partnership that begin on or after the day on which it comes into existence, the new partnership is, on and after that day, deemed to be the same partnership as and a continuation of the predecessor partnership in respect of

(a)  any amount included under section 851.22.22.1 or deducted under section 851.22.22.2 in computing the predecessor partnership’s income for the predecessor partnership’s transition year;

(b)  any amount deducted under section 851.22.22.3 or included under section 851.22.22.4 in computing the predecessor partnership’s income for a fiscal period of the predecessor partnership that begins before the day on which the new partnership comes into existence; and

(c)  any amount that would–in the absence of this section and if the predecessor partnership existed and was a financial institution on each day that is the day on which the new partnership comes into existence or a subsequent day and on which the new partnership is a financial institution–be required to be deducted under section 851.22.22.3 or included under section 851.22.22.4, in respect of any of those days, in computing the predecessor partnership’s income.

2010, c. 25, s. 99.

851.22.22.9. If at any time, a taxpayer ceases to be a financial institution, the following rules apply:

(a)  there must be deducted, in computing the income of the taxpayer for the taxation year of the taxpayer that includes the time that is immediately before that time, the amount determined by the formula

A - B; and

(b)  there must be included, in computing the income of the taxpayer for the taxation year of the taxpayer that includes the time that is immediately before that time, the amount determined by the formula

C - D.

In the formulas in the first paragraph,

(a)  A is the amount included under section 851.22.22.1 in computing the taxpayer’s income for the taxpayer’s transition year;

(b)  B is the aggregate of all amounts each of which is an amount deducted under section 851.22.22.3 in computing the income of the taxpayer for a taxation year that began before that time;

(c)  C is the amount deducted under section 851.22.22.2 in computing the taxpayer’s income for the taxpayer’s transition year; and

(d)  D is the aggregate of all amounts each of which is an amount included under section 851.22.22.4 in computing the taxpayer’s income for a taxation year that began before that time.

2010, c. 25, s. 99.

851.22.22.10. If a taxpayer ceases to exist (otherwise than as a result of an amalgamation within the meaning of subsections 1 and 2 of section 544, a winding-up to which section 556 applies or a continuation to which section 633 applies), for the purposes of section 851.22.22.9, the taxpayer is deemed to have ceased to be a financial institution at the time (determined without reference to this section) at which the taxpayer ceased to be a financial institution or, if it is earlier, the time that is immediately before the end of the last taxation year of the taxpayer that ended at or before the time at which the taxpayer ceased to exist.

2010, c. 25, s. 99.

CHAPTER IV ADDITIONAL RULES

1996, c. 39, s. 235.

851.22.23. Where, at a particular time after 22 February 1994, a taxpayer becomes or ceases to be a financial institution,

(a)  if the taxpayer is a corporation and if, but for this paragraph, no taxation year of the taxpayer would end immediately before the particular time, the taxation year of the taxpayer that would otherwise have included the particular time is deemed to have ended immediately before that time and a new taxation year of the taxpayer is deemed to have begun at the particular time and to have ended at the time at which the taxpayer’s taxation year (determined for the purposes of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.))) that includes the particular time, ended;

(a.1)  if the taxpayer is a trust and if, but for this paragraph, no taxation year of the taxpayer would end immediately before the particular time, except for the purposes of section 1120.0.1, the taxation year of the taxpayer that would otherwise have included the particular time is deemed to have ended immediately before that time and a new taxation year of the taxpayer is deemed to have begun at the particular time;

(b)  if the taxpayer becomes a financial institution, the taxpayer is deemed to have disposed, immediately before the end of its particular taxation year that ends immediately before the particular time, of each of the following properties held by the taxpayer for proceeds of disposition equal to the property’s fair market value at the time of that disposition:

i.  a specified debt obligation, or

ii.  a mark-to-market property of the taxpayer for the particular taxation year or for the taxpayer’s taxation year that includes the particular time;

(c)  where the taxpayer ceases to be a financial institution, the taxpayer is deemed to have disposed, immediately before the end of its taxation year that ends immediately before the particular time, of each property held by the taxpayer that is a specified debt obligation, other than a mark-to-market property of the taxpayer for the year, for proceeds equal to its fair market value at the time of disposition; and

(d)  the taxpayer is deemed to have reacquired, at the end of its taxation year that ends immediately before the particular time, each property deemed under paragraph b or c to have been disposed of by the taxpayer, at a cost equal to the proceeds of disposition of the property.

1996, c. 39, s. 235; 2001, c. 53, s. 175; 2009, c. 5, s. 355.

851.22.23.1. Where, at a particular time in a taxation year, a taxpayer that is a financial institution not resident in Canada, other than a life insurance corporation, ceases to use, in connection with a business or part of a business carried on by the taxpayer in Canada immediately before the particular time, a property that is a mark-to-market property of the taxpayer for the year or a specified debt obligation, but that is not a property that was disposed of by the taxpayer at the particular time, the following rules apply:

(a)  the taxpayer is deemed

i.  to have disposed of the property immediately before the time that was immediately before the particular time for proceeds of disposition equal to its fair market value at the time of disposition and to have received those proceeds at the time of disposition in the course of carrying on the business or the part of the business, as the case may be, and

ii.  to have reacquired the property at the particular time at a cost equal to those proceeds; and

(b)  for the purpose of determining the consequences of the disposition referred to in subparagraph i of paragraph a, section 851.22.13.2 does not apply to any payment received by the taxpayer after the particular time.

2004, c. 8, s. 166.

851.22.23.2. Where, at a particular time in a taxation year, a taxpayer that is a financial institution not resident in Canada, other than a life insurance corporation, begins to use, in connection with a business or part of a business carried on by the taxpayer in Canada immediately before the particular time, a property that is a mark-to-market property of the taxpayer for the year that includes the particular time or a specified debt obligation, but that is not a property that was acquired by the taxpayer at the particular time, the taxpayer is deemed

(a)  to have disposed of the property immediately before the time that was immediately before the particular time for proceeds of disposition equal to its fair market value at the time of disposition; and

(b)  to have reacquired the property at the particular time at a cost equal to those proceeds.

2004, c. 8, s. 166.

851.22.23.3. For the application of section 851.22.23.1 to a taxpayer in relation to a property in a taxation year, the definition of “mark-to-market property” in the first paragraph of section 851.22.1 shall

(a)  be applied as if the taxation year ended immediately before the particular time referred to in section 851.22.23.1; and

(b)  if the taxpayer does not have financial statements for the period ending immediately before the particular time referred to in section 851.22.23.1, the reference in subparagraphs i and ii of paragraph b to “the taxpayer’s financial statements for the year” shall be read as a reference to “the taxpayer’s financial statements that it is reasonable to expect would have been prepared if the year had ended immediately before the particular time referred to in section 851.22.23.1”.

2004, c. 8, s. 166.

851.22.23.4. If, at a particular time in a taxation year of a taxpayer who is a financial institution for the year, a property becomes a mark-to-market property of the taxpayer for the year because it ceased, at the particular time, to be a prescribed payment card corporation share of the taxpayer, the following rules apply:

(a)  the taxpayer is deemed to have disposed of the property immediately before the particular time for proceeds of disposition equal to its fair market value immediately before the particular time, and to have acquired the property, at the particular time, at a cost equal to those proceeds; and

(b)  section 851.22.14 does not apply to the disposition referred to in paragraph a.

2010, c. 25, s. 100.

851.22.23.5. If, at a particular time in a taxation year of a taxpayer who is a financial institution for the year, a property becomes a mark-to-market property of the taxpayer for the year because it ceased, at the particular time, to be a prescribed securities exchange investment of the taxpayer, the following rules apply:

(a)  the taxpayer is deemed to have disposed of the property immediately before the particular time for proceeds of disposition equal to its fair market value immediately before the particular time, and to have acquired the property, at the particular time, at a cost equal to those proceeds; and

(b)  section 851.22.14 does not apply to the disposition referred to in paragraph a.

2010, c. 25, s. 100.

851.22.23.6. If, at the end of a particular taxation year of a taxpayer who is a financial institution for the year, the taxpayer holds a share of the capital stock of a corporation, the taxpayer has a significant interest in that corporation at any time in the year and the share is a mark-to-market property of the taxpayer for the subsequent taxation year, the taxpayer is deemed to have disposed of the share immediately before the end of the particular year for proceeds of disposition equal to the fair market value, at that time, of the share, and to have acquired the share at the end of the particular year at a cost equal to those proceeds.

2010, c. 25, s. 100.

851.22.24. For the purposes of this Act, the determination of the time when a taxpayer acquired a share shall be made without regard to a disposition or acquisition that occurred because of any of sections 851.22.15, 851.22.23 to 851.22.23.2 and 851.22.23.4 to 851.22.23.6.

1996, c. 39, s. 235; 2004, c. 8, s. 167; 2010, c. 25, s. 101.

851.22.25. Where a taxpayer is a financial institution in a taxation year, inventory of the taxpayer in the year does not include property that is

(a)  a specified debt obligation, other than a mark-to-market property for the year; or

(b)  where the year begins after 31 October 1994, a mark-to-market property for the year.

1996, c. 39, s. 235.

851.22.26. Where a taxpayer that was a financial institution in a taxation year of the taxpayer that includes 23 February 1994 held, on that day, a specified debt obligation, other than a mark-to-market property for the year, that was inventory of the taxpayer at the end of its preceding taxation year,

(a)  the taxpayer is deemed to have disposed of the property at the beginning of the year for proceeds equal to

i.  where subparagraph ii does not apply, the amount at which the property was valued at the end of the preceding taxation year for the purpose of computing the taxpayer’s income for that year, and

ii.  where the taxpayer is a bank and the property is prescribed property for the year, the cost of the property to the taxpayer, determined without reference to paragraph b;

(b)  for the purpose of determining the taxpayer’s profit or loss from the disposition, the cost of the property to the taxpayer is deemed to be the amount referred to in subparagraph i of paragraph a; and

(c)  the taxpayer is deemed to have reacquired the property, immediately after the beginning of the year, at a cost equal to the proceeds of disposition of the property.

1996, c. 39, s. 235.

851.22.27. Where, on 23 February 1994, a financial institution that is a corporation held a specified debt obligation, other than a mark-to-market property for the taxation year that includes that day, that was at an earlier time held by another corporation, the financial corporation is deemed, in respect of the obligation, to be a continuation of the other corporation, if it has not been so otherwise provided and, between the earlier time and 23 February 1994, the only transactions affecting the ownership of the obligation were rollover transactions.

For the purposes of the first paragraph, “rollover transaction” means a transaction to which sections 545 to 550 or 556 to 564.1 and 565 apply, or to which section 832.3 or 832.9 applies, other than a transaction to which subparagraph a of the second paragraph of section 832.3 requires the provisions of sections 521 to 526 and 528 to be applied.

1996, c. 39, s. 235; 1997, c. 3, s. 71; 2000, c. 5, s. 186.

851.22.28. Section 175.7 does not apply to the disposition of a property by a taxpayer after 30 October 1994 where

(a)  the taxpayer is a financial institution when the disposition occurs and the property is a specified debt obligation or a mark-to-market property for the taxation year in which the disposition occurs; or

(b)  the disposition occurs because of paragraph b of section 851.22.23.

1996, c. 39, s. 235.

851.22.29. A taxpayer that is a financial institution in its first taxation year that ends after 22 February 1994, may elect, by notifying the Minister in writing on or before the taxpayer’s filing-due date for the taxpayer’s taxation year that includes 23 May 2001 or, where that period has expired, within 90 days after the day on which a notice of assessment of tax payable under this Part for the year, notice that no tax is payable under this Part for the year or notice that an election made by the taxpayer under this section is deemed by section 851.22.30 or 851.22.31 not to have been made is sent to the taxpayer, that

(a)  each property of the taxpayer that is a property described in the second paragraph is deemed to have been disposed of by the taxpayer at the end of the taxpayer’s last taxation year that ended before 23 February 1994, in this section referred to as the “particular time”, for proceeds of disposition equal to, and to have been reacquired by the taxpayer immediately after the particular time at a cost equal to, the lesser of

i.  the fair market value of the property at the particular time, and

ii.  the greater of the adjusted cost base to the taxpayer of the property immediately before the particular time and the amount designated by the taxpayer in the election in respect of the property;

(b)  each property of the taxpayer that is a property described in the third paragraph is deemed to have been disposed of by the taxpayer at the particular time for proceeds of disposition equal to, and to have been reacquired by the taxpayer immediately after the particular time at a cost equal to, the greater of

i.  the fair market value of the property at the particular time, and

ii.  the lesser of the adjusted cost base to the taxpayer of the property immediately before the particular time and the amount designated by the taxpayer in the election in respect of the property.

A property to which subparagraph a of the first paragraph refers

(a)  was a capital property, other than a depreciable property, of the taxpayer at the particular time;

(b)  was a mark-to-market property for, or a specified debt obligation in, the taxpayer’s first taxation year that begins after the particular time;

(c)  had a fair market value at the particular time greater than its adjusted cost base to the taxpayer at that time; and

(d)  is designated by the taxpayer in the election.

A property to which subparagraph b of the first paragraph refers

(a)  was a capital property, other than a depreciable property, of the taxpayer at the particular time;

(b)  was not a mark-to-market property for, or a specified debt obligation in, the taxpayer’s first taxation year that begins after the particular time;

(c)  had an adjusted cost base to the taxpayer at the particular time greater than its fair market value at that time; and

(d)  is designated by the taxpayer in the election.

Where a taxpayer elects under this section, the Minister shall, for the purposes of Part I and notwithstanding sections 1010 to 1011, make such assessment or reassessment of the taxpayer’s tax, interest and penalties as is necessary for the taxpayer’s last taxation year that ended before 23 February 1994 to give effect to the election.

2001, c. 7, s. 131; 2004, c. 4, s. 7.

851.22.30. Where a taxpayer has made an election under section 851.22.29 in which a property was designated under subparagraph d of the second paragraph of that section, the election is deemed not to have been made where the amount that would be the taxpayer’s taxable capital gains from dispositions of property for the taxpayer’s last taxation year that ended before 23 February 1994, if this section and section 851.22.31 did not apply, exceeds the aggregate of

(a)  the amount that would be the taxpayer’s allowable capital losses for the year from dispositions of property if this section and section 851.22.31 did not apply;

(b)  the maximum amount that would have been deductible in computing the taxpayer’s taxable income for the year in respect of the taxpayer’s net capital losses for preceding taxation years if there were sufficient taxable capital gains for the year from dispositions of property; and

(c)  the amount by which the amount that would be the taxpayer’s taxable capital gains for the taxpayer’s last taxation year that ended before 23 February 1994 from dispositions of property if no election were made under section 851.22.29 exceeds the aggregate of

i.  the amount that would be the taxpayer’s allowable capital losses for the year from dispositions of property if no election were made under section 851.22.29, and

ii.  the maximum amount that would be deductible in computing the taxpayer’s taxable income for the year in respect of the taxpayer’s net capital losses for preceding taxation years if no election were made under section 851.22.29.

2001, c. 7, s. 131; 2004, c. 8, s. 168.

851.22.31. Where a taxpayer has made an election under section 851.22.29 in which a property was designated under subparagraph d of the third paragraph of that section, the election is deemed not to have been made where

(a)  the aggregate of the amounts determined under paragraphs a and b of section 851.22.30 in respect of the taxpayer exceeds the amount that would be the taxpayer’s taxable capital gains from dispositions of property for the taxpayer’s last taxation year that ended before 23 February 1994, if this section and section 851.22.30 did not apply; or

(b)  the aggregate of all amounts each of which would, if this section did not apply, be the taxpayer’s allowable capital loss for the taxpayer’s last taxation year that ended before 23 February 1994 from the deemed disposition of the property under subparagraph b of the first paragraph of section 851.22.29 exceeds the total of all amounts each of which is the taxpayer’s taxable capital gain for the year from the deemed disposition of the property under subparagraph a of the first paragraph of section 851.22.29.

2001, c. 7, s. 131; 2004, c. 8, s. 169.

CHAPTER V CONVERSION OF FOREIGN BANK AFFILIATE TO BRANCH

2004, c. 8, s. 170.

851.22.32. In this chapter,

“Canadian affiliate” of an entrant bank at any particular time means a Canadian corporation that was, immediately before the particular time, affiliated with the entrant bank and that was, at all times during the period that began on 11 February 1999 and ended immediately before the particular time,

(a)  affiliated with either the entrant bank or a foreign bank, within the meaning assigned by section 2 of the Bank Act (Statutes of Canada, 1991, chapter 46) that is affiliated with the entrant bank at the particular time; and

(b)  either

i.  a bank,

ii.  a corporation authorized under the Trust and Loan Companies Act (Statutes of Canada, 1991, chapter 45) to offer services as trustee, or

iii.  a corporation of which the principal activity in Canada consists of any of the activities referred to in subparagraphs i to v of paragraph a of subsection 3 of section 518 of the Bank Act, as they read for that period and in which the entrant bank or a person not resident in Canada affiliated with the entrant bank holds shares under the authority, directly or indirectly, of an order issued by the Minister of Finance of Canada or the Governor in Council under subsection 1 of section 521 of that Act, as it read for that period;

“entrant bank” means a corporation not resident in Canada that is, or has applied to the Superintendent of Financial Institutions of Canada to become, an authorized foreign bank;

“qualifying foreign merger” means a merger or combination of corporations that would be a foreign merger within the meaning assigned by section 555.0.1, if the portion of that section before paragraph a were read without reference to “and otherwise than as a result of the distribution of property to one corporation on the winding-up of another corporation”.

2004, c. 8, s. 170.

851.22.33. For the purposes of the definition of “Canadian affiliate” in section 851.22.32, where an entrant bank was formed because of a qualifying foreign merger, after 11 February 1999 of two or more corporations, in this section referred to as “predecessors”, and at the time immediately before the merger, there were one or more Canadian corporations, in this section referred to as “predecessor affiliates”, each of which at that time would have been a Canadian affiliate of a predecessor if the predecessor were an entrant bank at that time, the following rules apply:

(a)  each predecessor affiliate is deemed to have been affiliated with the entrant bank throughout the period that began on 11 February 1999 and ended at the time of the merger;

(b)  the expression “entrant bank” in subparagraph iii of paragraph b of the definition of “Canadian affiliate” is deemed to include a predecessor; and

(c)  if two or more of the predecessor affiliates are amalgamated or merged after 11 February 1999 to form a new corporation, the new corporation is deemed to have been affiliated with the entrant bank throughout the period that began on 11 February 1999 and ended at the time of the amalgamation or merger of the predecessor affiliates.

2004, c. 8, s. 170.

851.22.34. Where a Canadian affiliate of an entrant bank transfers a property to the entrant bank, the entrant bank begins immediately after the transfer to use or hold the transferred property in its Canadian banking business and the Canadian affiliate and the entrant bank make a valid election for the purposes of subsection 3 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the transfer, Chapter IV of Title IX of Book III, except sections 520.1, 522 to 524 and 526, applies with the necessary modifications.

However, for the purposes of the first paragraph,

(a)  section 518 shall be read as follows:

“518. The rules provided for in this division and in Divisions II and III apply where a taxpayer that is a Canadian affiliate of an entrant bank, within the meanings assigned by section 851.22.32, disposes of any of the taxpayer’s property to the entrant bank, and the taxpayer and the entrant bank make a valid election for the purposes of subsection 3 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).”; and

(b)  the reference to “first election mentioned in” in section 521.2 shall be read as a reference to “election referred to in”.

2004, c. 8, s. 170.

851.22.35. Where a Canadian affiliate of an entrant bank and the entrant bank have made a valid election under section 851.22.34, in respect of a transfer of property by the Canadian affiliate to the entrant bank, for the purposes of sections 111, 304, 422, 424, 1082.1 and 1082.4 in respect of the transfer, the fair market value of the property is deemed to be the amount agreed by the Canadian affiliate and the entrant bank in the election.

2004, c. 8, s. 170.

851.22.36. Where a Canadian affiliate of an entrant bank transfers a specified debt obligation to the entrant bank in a transaction in respect of which they made a valid election under section 851.22.34, the Canadian affiliate is a financial institution in its taxation year in which the transfer is made, and the amount that the Canadian affiliate and the entrant bank agree on in respect of the obligation is equal to the tax basis of the obligation within the meaning assigned by section 851.22.7, the entrant bank is deemed, for the purposes of Chapters I, II and IV in respect of the obligation, to be the same corporation as, and a continuation of, the Canadian affiliate.

2004, c. 8, s. 170.

851.22.37. Where, at any time within a period described in paragraph c of subsection 11 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), a Canadian affiliate of an entrant bank described in paragraph a of that subsection 11 transfers to the entrant bank a property that is, for the Canadian affiliate’s taxation year in which the property is transferred, a mark-to-market property of the Canadian affiliate, the following rules apply:

(a)  for the purposes of sections 744.4 to 744.6.1 and 744.8, the definition of “mark-to-market property” in the first paragraph of section 851.22.1 and section 851.22.22, the entrant bank is deemed, in respect of the property, to be the same corporation as, and a continuation of, the Canadian affiliate; and

(b)  for the purpose of applying section 851.22.15 in respect of the property, the Canadian affiliate’s taxation year in which the property is transferred is deemed to have ended immediately before the time the property was transferred.

2004, c. 8, s. 170.

851.22.38. The rules in the second paragraph apply where

(a)  at a particular time, a Canadian affiliate of an entrant bank transfers to the entrant bank property that is a loan, lending asset or a right to receive an unpaid amount in relation to a disposition before the particular time of property by the affiliate, or the entrant bank assumes an obligation of the Canadian affiliate that is an instrument or commitment described in section 140.2 or an obligation in respect of goods, services, lands or movable property described in paragraph a or b of section 150;

(b)  the property is transferred or the obligation is assumed for an amount equal to its fair market value at the particular time;

(c)  the entrant bank begins immediately after the particular time to use or hold the property or owe the obligation in its Canadian banking business; and

(d)  the Canadian affiliate and the entrant bank make a valid election for the purposes of subsection 7 of section 142.7 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the transfer or assumption.

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

(a)  for the purposes of sections 140, 140.2, 141 and 150 and the first paragraph of section 153 in relation to the obligation or property, the taxation year of the Canadian affiliate that would, but for this section, include the particular time is deemed to end immediately before the particular time; and

(b)  for the purpose of computing the income of the Canadian affiliate and the entrant bank for taxation years that end on or after the particular time,

i.  any amount deducted under sections 140, 140.2 and 150 and the first paragraph of section 153 by the Canadian affiliate in relation to the obligation or property in computing its income for its taxation year that ended immediately before the particular time, or under section 141 in computing its income for that year or for a preceding taxation year, to the extent that the amount has not been included in computing the affiliate’s income under paragraph i of section 87, is deemed to have been so deducted by the entrant bank in computing its income for its last taxation year that ended before the particular time and not to have been deducted by the Canadian affiliate,

ii.  for the purposes of section 150, an amount in respect of the goods, services, land or movable property that was included in computing the Canadian affiliate’s income from a business under paragraph a of section 87 is deemed to have been so included in computing the entrant bank’s income from its Canadian banking business for a preceding taxation year,

iii.  for the purposes of the first paragraph of section 153 in respect of a property described in the first paragraph sold by the Canadian affiliate in the course of a business, the property is deemed to have been disposed of by the entrant bank, and not by the Canadian affiliate, at the time it was disposed of by the Canadian affiliate, and the amount in respect of the sale that was included in computing the Canadian affiliate’s income from a business is deemed to have been included in computing the entrant bank’s income from its Canadian banking business for its taxation year that includes the time at which the property was disposed of, and

iv.  for the purposes of sections 234 and 279 in respect of a property described in the first paragraph disposed of by the Canadian affiliate,

(1)  the property is deemed to have been disposed of by the entrant bank, and not by the Canadian affiliate, at the time it was disposed of by the Canadian affiliate,

(2)  the amount determined under the portion of the first paragraph of section 234 before subparagraph b or subparagraph i of subparagraph a of the first paragraph of section 279, in respect of the Canadian affiliate is deemed to be the amount determined under that provision in respect of the entrant bank, and

(3)  any amount deducted on account of a reserve by the Canadian affiliate under subparagraph b of the first paragraph of section 234 or the portion of subparagraph a of the first paragraph of section 279 before subparagraph i, in computing its gain from the disposition of the property for its last taxation year that ended before the particular time is deemed to have been so deducted by the entrant bank for its last taxation year that ended before the particular time.

2004, c. 8, s. 170; 2009, c. 5, s. 356; 2010, c. 5, s. 80.

851.22.39. Where, at any time within the period described in paragraph c of subsection 11 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), a Canadian affiliate of an entrant bank described in paragraph a of that subsection 11 transfers property to the entrant bank, and any part of the consideration for the transfer is the assumption by the entrant bank in respect of its Canadian banking business of a debt obligation of the Canadian affiliate, the following rules apply:

(a)  if the Canadian affiliate and the entrant bank make a valid election for the purposes of paragraph a of subsection 8 of section 142.7 of the Income Tax Act,

i.  both the value of that part of the consideration for the transfer of the property and, for the purpose of determining the consequences of the assumption of the obligation and any subsequent settlement or extinguishment of that obligation, the value of the consideration given to the foreign bank for the assumption of the obligation are deemed to be an amount, in this paragraph referred to as the “assumption amount”, equal to the amount outstanding on account of the principal amount of the obligation at that time, and

ii.  the assumption amount shall not be considered a term of the transaction that differs from that which would have been made between persons dealing at arm’s length solely because it is not equal to the fair market value of the obligation at that time;

(b)  where the obligation is denominated in a foreign currency, and the foreign affiliate and the entrant bank make a valid election for the purposes of paragraph b of subsection 8 of section 142.7 of the Income Tax Act,

i.  the amount of any income, loss, capital gain or capital loss in respect of the obligation due to the fluctuation in the value of the foreign currency relative to Canadian currency realized by

(1)  the Canadian affiliate on the assumption of the obligation is deemed to be nil, and

(2)  the entrant bank on the settlement or extinguishment of the obligation shall be determined based on the amount of the obligation in Canadian currency at the time it became an obligation of the Canadian affiliate, and

ii.  for the purposes of an election made in respect of the obligation under paragraph a, the amount outstanding on account of the principal amount of the obligation at that time is the aggregate of all amounts each of which is an amount that was advanced to the Canadian affiliate on account of principal, that remains outstanding at that time, and that is determined using the exchange rate that applied between the foreign currency and Canadian currency at the time of the advance; and

(c)  for the purposes of sections 176 to 176.2 and 179 in respect of the debt obligation, the obligation is deemed not to have been settled or extinguished by virtue of its assumption by the entrant bank and the entrant bank is deemed to be the same corporation as, and a continuation of, the Canadian affiliate.

2004, c. 8, s. 170.

851.22.40. Notwithstanding any other provision of this Act, where a dividend is paid or is deemed to be paid by a Canadian affiliate of an entrant bank to the entrant bank or to a person that is affiliated with the entrant bank and that is resident in the country in which the entrant bank is resident, and the Canadian affiliate and the entrant bank make the election under subsection 9 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to have subsection 10 of that section 142.7 apply in respect of the dividend, the dividend is deemed, except for the purposes of sections 739 and 741 to 745, not to be a taxable dividend.

2004, c. 8, s. 170.

851.22.41. For the purposes of the provisions of Title VII of Book IV for the purpose of computing the taxable income of an entrant bank for any taxation year that begins after the issue of the dissolution order described in subparagraph i of paragraph a of subsection 12 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or after the commencement of the winding-up of a Canadian affiliate of the entrant bank, as the case may be, the rules in the second paragraph apply where

(a)  the affiliate has been wound up or the dissolution order has been issued, within the period referred to in paragraph c of subsection 11 of section 142.7 of the Income Tax Act in relation to the entrant bank;

(b)  the entrant bank carries on all or part of the business in Canada that was formerly carried on by the Canadian affiliate; and

(c)  the Canadian affiliate and the entrant bank make a valid election for the purposes of subsection 12 of section 142.7 of the Income Tax Act.

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

(a)  subject to subparagraphs b and e, the portion of a non-capital loss of the Canadian affiliate for a taxation year, in this subparagraph referred to as the “Canadian affiliate’s non-capital loss year”, that can reasonably be regarded as being its loss from carrying on a business in Canada, in this subparagraph referred to as the “loss business”, is deemed, for the taxation year of the entrant bank in which the Canadian affiliate’s non-capital loss year ended, to be a non-capital loss of the entrant bank from carrying on the loss business that was not deductible by the entrant bank in computing its taxable income for any taxation year that began before the date of the dissolution order or the commencement of the winding-up, as the case may be, to the extent that

i.  the portion of the non-capital loss of the Canadian affiliate was not deducted in computing the taxable income of the Canadian affiliate or any other entrant bank for any taxation year, and

ii.  the portion of the non-capital loss of the Canadian affiliate would have been deductible in computing the taxable income of the Canadian affiliate for any taxation year that begins after the date of the dissolution order or the commencement of the winding-up, as the case may be, if it had such a taxation year and if it had sufficient income for that year;

(b)  if at any time control of the Canadian affiliate or entrant bank has been acquired by a person or group of persons, no amount in respect of the Canadian affiliate’s non-capital loss for a taxation year that ends before that time is deductible in computing the taxable income of the entrant bank for a particular taxation year that ends after that time, except that the portion of the loss that can reasonably be regarded as the Canadian affiliate’s loss from carrying on a business in Canada and, where a business was carried on by the Canadian affiliate in Canada in the preceding year, the portion of the loss that can reasonably be regarded as being attributable to an amount deductible under section 725.1.1 in computing its taxable income for the year are deductible only if that business is carried on by the Canadian affiliate or the entrant bank for profit or with a reasonable expectation of profit throughout the particular year, and to the extent of the aggregate of the entrant bank’s income for the particular year from that business, and where properties were sold, leased, rented or developed or services rendered in the course of carrying on that business before that time, from any other business substantially all the income of which was derived from the sale, leasing, rental or development, as the case may be, of similar properties or the rendering of similar services;

(c)  subject to subparagraphs d and e, a net capital loss of the Canadian affiliate for a taxation year, in this subparagraph referred to as the “Canadian affiliate’s loss year”, is deemed to be a net capital loss of the entrant bank for its taxation year in which the Canadian affiliate’s loss year ended to the extent that the loss

i.  was not deducted in computing the taxable income of the Canadian affiliate or any other entrant bank for any taxation year, and

ii.  would have been deductible in computing the taxable income of the Canadian affiliate for any taxation year beginning after the date of the dissolution order or the commencement of the winding-up, as the case may be, if the Canadian affiliate had such a taxation year and if it had sufficient income and taxable capital gains for the year;

(d)  if at any time control of the Canadian affiliate or the entrant bank has been acquired by a person or group of persons, no amount in respect of the Canadian affiliate’s net capital loss for a taxation year that ended before that time is deductible in computing the entrant bank’s taxable income for a taxation year that ends after that time; and

(e)  any loss of the Canadian affiliate that would otherwise be deemed by subparagraph a or c to be a loss of the entrant bank for a particular taxation year that begins after the date of the dissolution order or the commencement of the winding-up, as the case may be, is deemed, for the purpose of computing the entrant bank’s taxable income for taxation years that begin after that date, to be such a loss of the entrant bank for its preceding taxation year and not for the particular year, if the entrant bank makes the election under paragraph h of subsection 12 of section 142.7 of the Income Tax Act for the particular year.

For the purposes of subparagraph b of the second paragraph, where sections 564.2 to 564.4.4 applied to the winding-up of another corporation in respect of which the Canadian affiliate was the parent and sections 564.4.1 to 564.4.3 applied in respect of losses of that other corporation, the Canadian affiliate is deemed to be the same corporation as, and a continuation of, that other corporation with respect to those losses.

2004, c. 8, s. 170.

851.22.42. Where an entrant bank and its Canadian affiliate have at any time made a joint election under section 851.22.34 or 851.22.41, the following rules apply:

(a)  in respect of any transfer of property, directly or indirectly, by the Canadian affiliate to the entrant bank or a person with whom the entrant bank does not deal at arm’s length,

i.  subparagraph iii of subparagraph b of the second paragraph of section 93.3.1 shall be read without reference to subparagraph 5 thereof,

ii.  subparagraph a of the second paragraph of section 106.4 shall be read without reference to subparagraph v thereof,

iii.  subparagraph b of the first paragraph of section 175.9 shall be read without reference to subparagraph iv thereof, and

iv.  subparagraph b of the second paragraph of section 238.1 shall be read without reference to subparagraph v thereof;

(b)  in respect of any property of the Canadian affiliate appropriated to or for the benefit of the entrant bank or any person with whom the entrant bank does not deal at arm’s length, section 424 shall be read without reference to subparagraph d of its second paragraph; and

(c)  for the purposes of sections 93.3.1, 106.4, 175.9 and 238.1 in relation to any property that was disposed of by the affiliate, after the dissolution or winding-up of the affiliate, the entrant bank is deemed to be the same corporation as, and a continuation of, the affiliate.

2004, c. 8, s. 170; 2009, c. 5, s. 357.

851.22.43. Where a Canadian affiliate of an entrant bank and the entrant bank meet the conditions set out in subparagraphs a and b of the first paragraph of section 851.22.41 and make a valid election under subsection 14 of section 142.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and the Canadian affiliate has not made an election under that section with any other entrant bank, the entrant bank is deemed to be the same corporation as, and a continuation of, the Canadian affiliate for the purposes of paragraphs c and d of section 851.22.11 in respect of any specified debt obligation disposed of by the Canadian affiliate.

2004, c. 8, s. 170.

851.22.44. Where an election to which any of sections 851.22.34, 851.22.40 and 851.22.43 or subparagraph d of the first paragraph of section 851.22.38, subparagraph a or b of the first paragraph of section 851.22.39 or subparagraph c of the first paragraph or subparagraph e of the second paragraph of section 851.22.41, has been made, the prescribed form, with a copy of every document sent to the Minister of Revenue of Canada in connection with that election, shall be sent to the Minister.

2004, c. 8, s. 170.

TITLE VI RELIGIOUS ORGANIZATIONS

1978, c. 26, s. 166.

CHAPTER I DEFINITIONS AND GENERALITIES

1978, c. 26, s. 166.

851.23. In this Title,

(a)  “adult” means an individual who is married or has attained the age of 18 years;

(b)  “business agency” of a congregation at any time in a particular calendar year means a corporation, trust or other person, where the congregation owned all the shares of the capital stock of the corporation, except directors’ qualifying shares, every interest in the trust or every participating interest in the other person, throughout the portion of the particular calendar year throughout which both the congregation and the corporation, trust or other person, as the case may be, were in existence;

(c)  “congregation” means a body of individuals, whether or not incorporated,

i.  the members of which live and work together,

ii.  that adheres to the practices and beliefs of the religious organization of which it is a constituent part,

iii.  that does not permit any of its members to own any property in their own right, and

iv.  that requires its members to devote their work to the activities of the congregation;

(d)  “family” means an adult, his spouse and their children who are not adults or, in the case of an unmarried adult, that person and his children who are not adults, but does not include an individual who is included in any other family or who is not a member of the congregation in which the family is included;

(e)  “member of a congregation” means an adult, living with the members of the congregation, who conforms to the practices of the religious organization of which the congregation is a constituent part whether or not he has been formally accepted into the organization, and a child, other than an adult, of such adult, if the child lives with members of the congregation; and

(e.1)  “participating member” of a congregation, in respect of a taxation year, means an individual who, at the end of the year, is an adult who is a member of the congregation;

(f)  “religious organization” means an organization, other than a registered charity, of which a congregation is a constituent part, that adheres to beliefs, evidenced by the religious and philosophical tenets of the organization, that include a belief in the existence of a supreme being.

1978, c. 26, s. 166; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 2001, c. 53, s. 176.

851.24. The rules in sections 851.25 to 851.27.1 apply to a congregation, or a business agency of a congregation, that carries on a business for purposes that include supporting or sustaining the congregation’s members or the members of any other congregation.

1978, c. 26, s. 166; 2001, c. 53, s. 177.

851.25. The property of the congregation is deemed to be the property of an inter vivos trust which is deemed to have been created on the day that is the later of 31 December 1976 and the day the congregation came into existence and to have been continuously in existence from that day, and the corporation, where the congregation is a corporation, or other group of persons charged with the management of the congregation, in other cases, is deemed to be the trustee having control of the trust property.

The property of a business agency of the congregation in a calendar year is deemed to be property of the inter vivos trust throughout the portion of the calendar year throughout which the trust exists.

1978, c. 26, s. 166; 1997, c. 3, s. 71; 2001, c. 53, s. 177.

851.26. The congregation is deemed to act and have always acted as agent for the trust in respect of its businesses and other activities, and the members of the congregation are deemed to be the beneficiaries under the trust.

Each business agency of the congregation in a calendar year is deemed to have acted as agent for the trust in respect of its businesses and other activities in the year.

1978, c. 26, s. 166; 2001, c. 53, s. 177.

851.27. In computing the income of the trust for any taxation year, no deduction may be made

(a)  in respect of salaries, wages or benefits of any kind provided to the members of the congregation; and

(b)  under paragraph a of section 657 and section 657.1, except to the extent that a portion of the trust’s income, determined without reference to that paragraph a and section 657.1, is allocated to the members of the congregation in accordance with sections 851.28 to 851.30.

1978, c. 26, s. 166; 2001, c. 53, s. 177; 2009, c. 5, s. 358.

851.27.1. Sections 119.2 to 119.11 apply to a congregation or one of the business agencies of the congregation that is a corporation as if, except for the purposes of paragraph a of section 119.4 and of section 119.5 other than paragraphs a and c thereof, the property of the congregation and that of its business agencies were not deemed to be the property of an inter vivos trust and as if this chapter were read without reference to section 851.26.

1995, c. 49, s. 188; 1997, c. 3, s. 71; 2001, c. 53, s. 177.

CHAPTER II ELECTION BY A TRUST

1978, c. 26, s. 166.

851.28. The rules set out in sections 851.30 and 851.31 apply if a trust referred to in section 851.25, in respect of a congregation, makes a valid election under subsection 2 of section 143 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 for a taxation year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 2 of section 143 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1978, c. 26, s. 166; 1990, c. 59, s. 325; 2001, c. 53, s. 177; 2009, c. 5, s. 359.

851.29. The election referred to in the first paragraph of section 851.28 for a particular taxation year, in respect of a congregation, is not binding on the Minister unless it is binding on the Minister of National Revenue and all taxes, interest and penalties payable under this Part, as a consequence of the application of sections 851.28, 851.30 and 851.31 to the congregation for preceding taxation years, were paid at or before the end of the particular taxation year.

1978, c. 26, s. 166; 1997, c. 31, s. 87; 2001, c. 53, s. 177; 2009, c. 5, s. 359.

851.30. For the purposes of paragraph a of section 657 and sections 657.1 and 663, in relation to a trust referred to in section 851.25, in respect of a congregation that, for a taxation year, makes the election referred to in the first paragraph of section 851.28, and subject to the third paragraph, the amount payable in the taxation year to a particular participating member of the congregation out of the income of the trust, determined without reference to paragraph a of section 657 and section 657.1, is the amount determined by the formula

A × B/C.

In the formula provided for in the first paragraph,

(a)  A is the taxable income of the trust for the year, determined without reference to paragraph a of section 657, section 657.1 and specified tax consequences for the year;

(b)  B is the amount determined for the year in respect of the particular participating member, under paragraph a of subsection 2 of section 143 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), because of the election; and

(c)  C is the value, in respect of the trust for the year, of A in the formula in paragraph a of subsection 2 of section 143 of the Income Tax Act;

(d)  (subparagraph repealed);

(e)  (subparagraph repealed);

(f)  (subparagraph repealed).

However, when C in the formula in the first paragraph is, in respect of the trust for the year, an amount equal to zero, the amount determined by that formula for the year in respect of the particular participating member is deemed to be equal to zero.

1978, c. 26, s. 166; 2001, c. 53, s. 177; 2009, c. 5, s. 360.

851.31. If, for a taxation year, a trust referred to in section 851.25, in respect of a congregation, makes the election referred to in the first paragraph of section 851.28, the member of each family at the end of the taxation year (referred to as a “designated member” for the purposes of subsection 2 of section 143 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in respect of the trust for the year) is deemed to have supported the other members of the family during the year and the other members of the family are deemed to have been wholly dependent on the designated member for support during the year.

1978, c. 26, s. 166; 2001, c. 53, s. 177; 2009, c. 5, s. 361.

851.32. (Repealed).

1978, c. 26, s. 166; 2001, c. 53, s. 177; 2009, c. 5, s. 362.

851.33. If the eligible amount of a gift made in a taxation year by an inter vivos trust referred to in section 851.25 in respect of a congregation would, but for this section, be included in the total charitable gifts, total Crown gifts, total cultural gifts, total gifts of qualified property or total musical instrument gifts of the trust for the year under the first paragraph of section 752.0.10.1, and the trust makes a valid election under subsection 3.1 of section 143 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the gift, the following rules apply:

(a)  the trust is deemed not to have made the gift;

(b)  each participating member of the congregation is deemed to have made, in the year, such a gift the eligible amount of which is the amount determined by the formula

(A × B) / C.

In the formula provided for in subparagraph b of the first paragraph,

(a)  A is the eligible amount of the gift made by the trust;

(b)  B is the value, in respect of the member for the year, of B in the formula in paragraph b of subsection 3.1 of section 143 of the Income Tax Act, in relation to the election; and

(c)  C is the value, in respect of the trust for the year, of C in the formula in paragraph b of subsection 3.1 of section 143 of the Income Tax Act.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 3.1 of section 143 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1993, c. 16, s. 304; 1993, c. 64, s. 95; 1995, c. 1, s. 94; 1995, c. 49, s. 236; 1999, c. 83, s. 121; 2001, c. 53, s. 178; 2006, c. 36, s. 88; 2009, c. 5, s. 363.

TITLE VII AMATEUR ATHLETES’ RESERVE FUNDS

1994, c. 22, s. 283.

851.33.1. In this Title,

“amateur athlete” at any time means an individual, other than a trust, who is, at that time,

(a)  a member of a registered Canadian amateur athletic association;

(b)  eligible to compete, in an international sporting event sanctioned by an international sports federation, as a Canadian national team member; and

(c)  not a professional athlete;

“professional athlete” means an individual who receives income that is compensation for, or is otherwise attributable to, the individual’s activities as a player or athlete in a professional sport;

“qualifying performance income” of an individual means income that

(a)  is received by the individual in a taxation year in which the individual was, at any time, an amateur athlete and was not, at any time, a professional athlete;

(b)  may reasonably be considered to be in connection with the individual’s participation as an amateur athlete in one or more international sporting events referred to in paragraph b of the definition of “amateur athlete”; and

(c)  is endorsement income, prize money, or income from public appearances or speeches;

“third party” in respect of an arrangement described in subparagraph b of the first paragraph of section 851.34 means a person who deals at arm’s length with the amateur athlete in respect of the arrangement.

2010, c. 5, s. 81.

851.34. The rules set out in the second paragraph apply if, at any time,

(a)  a national sport organization that is a registered Canadian amateur athletic association receives an amount for the benefit of an individual under an arrangement made under rules of an international sport federation that require amounts to be held, controlled and administered by the organization in order to preserve the eligibility of the individual to compete in a sporting event sanctioned by the federation; or

(b)  an individual enters into an arrangement that

i.  is an account with an issuer described in paragraph b of the definition of “qualifying arrangement” in subsection 1 of section 146.2 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)), or that would be so described if that definition applied at that time,

ii.  provides that no amount may be deposited, credited or added to the account, other than an amount that is qualifying performance income of the individual or that is interest or other income in respect of the property deposited, credited or added to the account,

iii.  provides that a third party must authorize all payments from the account, and

iv.  is not a registered retirement savings plan or a tax-free savings account.

The rules to which the first paragraph refers, in respect of an arrangement, are the following:

(a)  an inter vivos trust (in this Title referred to as the “amateur athlete trust”) is deemed to be created on the day on which the first amount under the arrangement is received by the national sport organization or by the issuer, as the case may be, and to exist continuously afterwards until section 851.36 or 851.37 applies in respect of the trust;

(b)  the property held under the arrangement is deemed to be the property of the amateur athlete trust and not property of any other person;

(c)  if, at any time, the national sport organization or the issuer, as the case may be, receives an amount under the arrangement and the amount would, in the absence of this paragraph, be included in computing the income of the individual in respect of the arrangement for the individual’s taxation year that includes that time, the amount is deemed to be income of the amateur athlete trust for the taxation year and not to be income of the individual;

(d)  if, at any time, the national sport organization or the issuer, as the case may be, pays or transfers an amount under the arrangement to or for the benefit of the individual, the amount is deemed to be an amount distributed at that time to the individual by the amateur athlete trust;

(e)  the individual is deemed to be the beneficiary under the amateur athlete trust;

(f)  the national sport organization or the third party, as the case may be, in respect of the arrangement is deemed to be the trustee of the amateur athlete trust; and

(g)  no tax is payable under this Part by the amateur athlete trust on its taxable income for any taxation year.

1994, c. 22, s. 283; 1999, c. 83, s. 122; 2000, c. 5, s. 187; 2005, c. 23, s. 122; 2010, c. 5, s. 82.

851.35. The beneficiary of an amateur athlete trust shall, in computing his income for a taxation year, include the aggregate of all amounts distributed in the year to him by the trust.

1994, c. 22, s. 283.

851.36. Where an amateur athlete trust holds property on behalf of a beneficiary who has not competed in an international sporting event as a Canadian national team member for a period of eight years that ends in a particular taxation year and that begins in the year that is the later of the two years described in the second paragraph, the trust is deemed to have distributed, at the end of the particular taxation year to the beneficiary, an amount equal to

(a)  where the trust is liable to pay tax under Part XII.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the particular taxation year, 64% of the fair market value of all property held by it at that time; and

(b)  in any other case, the fair market value of all property held by it at that time.

The years referred to in the first paragraph are

(a)  where the beneficiary has competed in an international sporting event as a Canadian national team member, the year in which the beneficiary last so competed; and

(b)  the year in which the trust was created.

1994, c. 22, s. 283.

851.37. Where an amateur athlete trust holds property on behalf of a beneficiary who dies in a year, the trust is deemed to have distributed, immediately before the death, to the beneficiary, an amount equal to

(a)  where the trust is liable to pay tax under Part XII.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the year, 64% of the fair market value of all property held by it at that time; and

(b)  in any other case, the fair market value of all property held by it at that time.

1994, c. 22, s. 283.

TITLE VIII COST OF A TAX SHELTER INVESTMENT AND LIMITED-RECOURSE DEBT RELATING TO A GIFTING ARRANGEMENT

2001, c. 7, s. 132; 2009, c. 5, s. 368.

CHAPTER I DEFINITIONS AND GENERAL PROVISIONS

2001, c. 7, s. 132.

851.38. In this Title,

“expenditure” means an outlay or expense or the cost or capital cost of a property;

“limited partner” has the meaning that would be assigned by section 613.6 if that section were read without reference to “if the member’s partnership interest is not an exempt interest, within the meaning assigned by section 613.7, at that time and”;

“limited-recourse amount” means the unpaid principal amount of any indebtedness for which recourse is limited, either immediately or in the future and either absolutely or contingently;

“taxpayer” includes a partnership;

“tax shelter investment” means

(a)  a property that is a tax shelter for the purposes of section 1079.1; or

(b)  a taxpayer’s interest in a partnership where

i.  an interest in the taxpayer is a tax shelter investment and the taxpayer’s partnership interest would be a tax shelter investment if

(1)  this Act were read without reference to this paragraph and to “, having regard to statements or representations made or proposed to be made in connection with the property,” in the definition of “tax shelter” in the first paragraph of section 1079.1, and

(2)  the references, in subparagraphs a and b of the second paragraph of section 1079.1, to “represented” and to “is represented” were read as “that can reasonably be expected” and “can reasonably be expected”, respectively,

ii.  another interest in the partnership is a tax shelter investment, or

iii.  the taxpayer’s interest in the partnership entitles the taxpayer, directly or indirectly, to a share of the income or loss of a particular partnership where

(1)  another taxpayer holding a partnership interest is entitled, directly or indirectly, to a share of the income or loss of the particular partnership, and

(2)  that other taxpayer’s partnership interest is a tax shelter investment.

2001, c. 7, s. 132.

851.39. For the purposes of this Title, an at-risk adjustment in respect of an expenditure of a particular taxpayer, other than the cost of a partnership interest to which sections 613.2 to 613.4 apply, is, subject to the second paragraph, any amount or benefit that the particular taxpayer, or another taxpayer not dealing at arm’s length with the particular taxpayer, is entitled, either immediately or in the future and either absolutely or contingently, to receive or to obtain, whether by way of reimbursement, compensation, revenue guarantee, proceeds of disposition, loan or any other form of indebtedness, or in any other form or manner whatever, granted or to be granted for the purpose of reducing the impact, in whole or in part, of

(a)  any loss that the taxpayer may sustain in respect of the expenditure; or

(b)  where the expenditure is the cost or capital cost of a property, any loss from the holding or disposition of the property.

An at-risk adjustment does not include an amount or benefit to the extent that

(a)  the amount or benefit is, in respect of the taxpayer, referred to in paragraph e of section 399, paragraph h of section 412 or paragraph e of section 418.6; or

(b)  the entitlement to the amount or benefit arises

i.  because of a contract of insurance with an insurance corporation dealing at arm’s length with the taxpayer, and, where the expenditure is the cost of an interest in a partnership, with each member of the partnership, under which the taxpayer is insured against any claim arising as a result of a liability incurred in the ordinary course of carrying on the business of the taxpayer or the partnership,

ii.  as a consequence of the death of the taxpayer,

iii.  in respect of an amount not included in the expenditure, determined without reference to paragraph b of section 851.41, or

iv.  by reason of an excluded obligation, as defined in the regulations made under section 359.1, in relation to a share issued to the taxpayer or, where the expenditure is the cost of an interest in a partnership, to the partnership.

2001, c. 7, s. 132.

851.40. For the purposes of section 851.39,

(a)  the amount or benefit to which a taxpayer is at any time entitled and that is provided by way of an agreement or other arrangement under which the taxpayer has a right, either immediately or in the future and either absolutely or contingently, otherwise than as a consequence of the death of the taxpayer, to acquire property shall not be considered to be less than the fair market value of the property at that time; and

(b)  the amount or benefit to which a taxpayer is at any time entitled and that is provided by way of a guarantee, security or similar covenant in respect of any loan or other obligation of the taxpayer shall not be considered to be less than the aggregate of the unpaid amount of the loan or obligation at that time and all other amounts outstanding in respect of the loan or obligation at that time.

2001, c. 7, s. 132.

CHAPTER II COMPUTATION OF THE COST OF A TAX SHELTER INVESTMENT AND OF A LIMITED-RECOURSE DEBT RELATING TO A GIFTING ARRANGEMENT

2001, c. 7, s. 132; 2009, c. 5, s. 369.

851.41. Notwithstanding any other provision of this Part, the amount of any expenditure that is a taxpayer’s tax shelter investment, the cost or capital cost of such tax shelter or the amount of any expenditure of a taxpayer an interest in which is a tax shelter investment, shall be reduced, where applicable, to the amount by which the amount of the taxpayer’s expenditure otherwise determined exceeds the aggregate of

(a)  any limited-recourse amount of the taxpayer and of any other taxpayer not dealing at arm’s length with the taxpayer that may reasonably be considered to relate to the expenditure;

(b)  the taxpayer’s at-risk adjustment in respect of the expenditure; and

(c)  each amount that is a limited-recourse amount, or an at-risk adjustment, that may reasonably be considered to relate to the expenditure and that is determined under this Title when this Title is applied to any other taxpayer who deals at arm’s length with and holds, directly or indirectly, an interest in the taxpayer.

2001, c. 7, s. 132.

851.41.1. The limited-recourse debt in respect of a gift of a taxpayer, at the time the gift is made, is equal to the aggregate of

(a)  each limited-recourse amount at that time of the taxpayer and of any other taxpayer not dealing at arm’s length with the taxpayer, that can reasonably be considered to relate to the gift;

(b)  each limited-recourse amount at that time, determined under this Title when it is applied to any other taxpayer who deals at arm’s length with and holds, directly or indirectly, an interest in the taxpayer, that can reasonably be considered to relate to the gift; and

(c)  each amount that is the unpaid amount at that time of any other indebtedness, of any taxpayer referred to in paragraph a or b, that can reasonably be considered to relate to the gift if there is a guarantee, security or similar covenant in respect of that or any other indebtedness.

2009, c. 5, s. 370.

851.42. For the purposes of this Title, the unpaid principal of an indebtedness is deemed to be a limited-recourse amount unless

(a)  at the time the indebtedness was incurred, bona fide arrangements, evidenced in writing, were made for repayment by the debtor of the indebtedness and all interest on the indebtedness within a reasonable period not exceeding 10 years;

(b)  the indebtedness bears interest at a rate equal to or greater than the lesser of

i.  the prescribed rate of interest in effect at the time the indebtedness was incurred, and

ii.  the prescribed rate of interest applicable during the term of the indebtedness; and

(c)  the interest is payable at least annually and is paid in respect of the indebtedness by the debtor not later than 60 days after the end of each taxation year of the debtor that ends in the period referred to in paragraph a.

2001, c. 7, s. 132.

851.43. For the purposes of this Title, the unpaid principal of an indebtedness is deemed to be a limited-recourse amount of a taxpayer that is a partnership, where the recourse against any member of the partnership in respect of the indebtedness is limited, either immediately or in the future and either absolutely or contingently.

2001, c. 7, s. 132.

851.44. Where at any time a taxpayer has paid an amount, in this section referred to as the “repaid amount”, on account of the principal amount of an indebtedness that was, before that time, the unpaid principal amount of a loan or any other form of indebtedness in respect of an expenditure of the taxpayer to which the first paragraph of section 851.39 applies, in this section referred to as the “former amount or benefit”, the following rules apply:

(a)  at all times before that time, the former amount or benefit is considered to have been an amount or benefit referred to in the first paragraph of section 851.39 in respect of the taxpayer; and

(b)  subject to section 851.41, the expenditure is deemed to have been made or incurred at that time by the payment of, and to the extent of, the repaid amount.

2001, c. 7, s. 132.

851.45. Where at any time a taxpayer has paid an amount, in this section referred to as the “repaid amount”, on account of the principal amount of an indebtedness that was, before that time, a limited-recourse amount, in this section referred to as the “former limited-recourse indebtedness”, relating to an expenditure of the taxpayer, the following rules apply:

(a)  at all times before that time, the former limited-recourse indebtedness is considered to have been a limited-recourse amount; and

(b)  subject to section 851.41, the expenditure is deemed to have been made or incurred at that time by the payment of, and to the extent of, the repaid amount.

2001, c. 7, s. 132.

851.46. Sections 851.42 and 851.43 do not apply to an indebtedness the principal of which is repaid by a taxpayer not later than 60 days after the indebtedness was incurred and that would otherwise be considered to be a limited-recourse amount solely because of the application of any of those sections unless

(a)  any portion of the repayment is made with a limited-recourse amount; or

(b)  the repayment may reasonably be considered to be part of a series of indebtedness and repayments that ends more than 60 days after the indebtedness was incurred.

2001, c. 7, s. 132.

851.47. For the purposes of paragraph a of section 851.42, a debtor is deemed not to have made arrangements to repay an indebtedness within 10 years where the debtor’s arrangement to repay can reasonably be considered to be part of a series of indebtedness and repayments that ends more than 10 years after it begins.

2001, c. 7, s. 132.

CHAPTER III ADMINISTRATION

2001, c. 7, s. 132.

851.48. For the purposes of this Title, the unpaid principal of an indebtedness that relates to a taxpayer’s expenditure or gift is deemed to be a limited-recourse amount relating to the expenditure or gift, if it may reasonably be considered that information relating to the indebtedness is available outside Canada and the Minister is not satisfied that the unpaid principal of the indebtedness is not a limited-recourse amount unless

(a)  the information is provided to the Minister; or

(b)  the information is located in a country with which the Government of Québec has entered into a tax agreement that has force of law in Québec and includes a provision under which the Minister can obtain the information.

2001, c. 7, s. 132; 2009, c. 5, s. 371.

851.49. For the purposes of this Title, a taxpayer is deemed not to be dealing at arm’s length with another taxpayer where it may reasonably be considered that information relating to whether the taxpayer and the other taxpayer are not dealing with each other at arm’s length is available outside Canada and the Minister is not satisfied that the taxpayer is dealing at arm’s length with the other taxpayer unless

(a)  the information is provided to the Minister; or

(b)  the information is located in a country with which the Government of Québec has entered into a tax agreement that has force of law in Québec and includes a provision under which the Minister can obtain the information.

2001, c. 7, s. 132.

851.50. Notwithstanding section 1010, the Minister may, to give effect to the provisions of this Title, in respect of a taxpayer, redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

(a)  within thirteen years after the later of the day of sending of a notice of an original assessment or of a notification that no tax is payable for a taxation year in which an indebtedness that is a limited-recourse amount arose or the day on which a fiscal return for the taxation year is filed;

(b)  within fourteen years after the day referred to in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian controlled private corporation.

2001, c. 7, s. 132; 2004, c. 4, s. 8.

TITLE IX LOWER ST.LAWRENCE PILOTS’ PENSION PLAN

2001, c. 7, s. 133.

851.51. For the purposes of this Title,

“Authority” means the Laurentian Pilotage Authority established by subsection 1 of section 3 of the Pilotage Act (Revised Statutes of Canada, 1985, chapter P-14);

“CPBSL” means the Corporation of the Lower St.Lawrence Pilots established by letters patent under Part II of the Canada Corporations Act, chapter 53 of the Revised Statutes of Canada, 1952, amended by chapter 52 of the Statutes of Canada, 1964-65, a body corporate contracting with the Authority for the services of pilots under the Pilotage Act, or any successor of the Corporation that carries on similar functions;

“CPHQ” means the Corporation of Pilots for and below the Harbour of Quebec, established by chapter 123 of the Statutes of the Province of Canada, 1860 (23 Vict., c.123);

“eligible pilot” means a person who became a member of the CPHQ and was licensed by the Authority as a pilot before 1 January 1994, or who, on 31 December 1993, was an apprentice pilot and who, during 1994, became a member of the CPHQ and was licensed by the Authority as a pilot;

“fund” means the fund established by chapter 12 of the Statutes of the Province of Lower Canada, 1805 (45 George III, c. 12) and continued by chapter 114 of the Statutes of the Province of Canada, 1848-49 (12 Vict., c. 114), as amended;

“pension plan” means the plan established by the CPHQ for the administration of the fund;

“Société” means the general partnership composed of the members of the CPBSL and called Les Pilotes du Bas Saint-Laurent, or its successor, and includes any predecessor of the Société that carried on similar functions on behalf of those members.

2001, c. 7, s. 133.

851.52. For the purposes of Title VI.0.1 of Book VII, any amount paid to the fund by the CPBSL is deemed to be a contribution made by the CPBSL as an employer and not by an eligible pilot.

2001, c. 7, s. 133.

851.53. For the purposes of paragraph c.1 of section 998, the CPHQ is deemed to have been incorporated solely for the administration of a registered pension plan and to have operated at all times solely for that purpose.

2001, c. 7, s. 133.

851.54. For the purposes of this Part, sums paid into the fund by the CPBSL for any taxation year in respect of which the pension plan is a registered pension plan shall not be included in the income of an eligible pilot or in the income of the Société.

2001, c. 7, s. 133.

BOOK VII PROFIT SHARING PLANS AND OTHER SPECIAL INCOME ARRANGEMENTS

1972, c. 23.

TITLE I PROFIT SHARING PLAN

1972, c. 23; 1999, c. 83, s. 123.

CHAPTER I GENERAL RULES

1972, c. 23.

852. In this Title,

“unused portion of the exempt capital gains balance” of a beneficiary in respect of a trust governed by a profit sharing plan, at any time in a taxation year of the beneficiary, means

(a)  if the year ends before 1 January 2005, the amount by which the beneficiary’s exempt capital gains balance, within the meaning of section 251.1, in respect of the trust for the year exceeds the aggregate of all amounts each of which is an amount by which a capital gain is reduced under Chapter II.1 of Title IV of Book III for the year because of the beneficiary’s exempt capital gains balance in respect of the trust; or

(b)  if the year ends after 31 December 2004, the amount by which the amount that would, if the definition of “exempt capital gains balance” in the first paragraph of section 251.1 were read without reference to “that ends before 1 January 2005”, be the beneficiary’s exempt capital gains balance in respect of the trust for the year, exceeds

i.  where there has been a disposition of an interest or a part of an interest of the beneficiary in the trust after the beneficiary’s taxation year 2004, other than a disposition that is a part of a transaction described in paragraph c of section 858 in which property is received as consideration for all or a portion of the beneficiary’s interests in the trust, the aggregate of all amounts each of which is an amount by which the adjusted cost base of an interest or a part of an interest disposed of by the beneficiary, other than an interest or a part of an interest that is all or a portion of the beneficiary’s interests referred to in paragraph c of section 858, was increased because of paragraph c.4 of section 255, and

ii.  in any other case, nil;

“profit sharing plan” at a particular time means an arrangement

(a)  under which payments computed by reference to an employer’s profits from the employer’s business, the profits from the business of a corporation with which the employer does not deal at arm’s length or the profits from the business of the employer and of any such corporation, are required to be made by the employer to a trustee under the arrangement for the benefit of employees of the employer or of a corporation with which the employer does not deal at arm’s length; and

(b)  in respect of which the trustee has, since the later of the beginning of the arrangement and the end of 1949, allocated, either contingently or absolutely, to those employees

i.  in each year that ended at or before the particular time, all amounts received in the year by the trustee from the employer or from a corporation with which the employer does not deal at arm’s length,

ii.  in each year ending at or before the particular time, all profits for the year from the property of the trust, determined without regard to any capital gain made by the trust or capital loss sustained by it at any time after 31 December 1955,

iii.  in each year that ended after 31 December 1971 and at or before the particular time, all capital gains and capital losses of the trust for the year,

iv.  in each year that ended after 31 December 1971, before 1 January 1993 and at or before the particular time, 100/15 of the aggregate of all amounts each of which is deemed by section 864 to have been paid on account of tax under this Part in respect of an employee because the employee ceased to be a beneficiary under the plan in the year, and

v.  in each year that ended after 31 December 1991 and at or before the particular time, the aggregate of all amounts each of which is an amount that an employee is entitled to deduct under section 864 in computing his income because the employee ceased to be a beneficiary under the plan in the year.

1972, c. 23, s. 640; 1991, c. 25, s. 176; 1993, c. 19, s. 71; 1995, c. 49, s. 189; 1997, c. 3, s. 71; 2000, c. 5, s. 188.

853. For the purposes of section 852, if the terms of an arrangement under which an employer makes payments to a trustee specifically provide that the payments are to be made out of profits, the arrangement is deemed, if the employer makes a valid election under subsection 10 of section 144 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006 in respect of the arrangement, to be an arrangement under which payments computed by reference to the employer’s profits are to be made.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 10 of section 144 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 641; 1995, c. 49, s. 189; 2009, c. 5, s. 372.

854. Where, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), a profit sharing plan is accepted by the Minister of Revenue of Canada for registration as a deferred profit sharing plan, the taxation year of the trust governed by the profit sharing plan is deemed, for the purposes of this Part, to have ended immediately before the plan is deemed to have become registered as a deferred profit sharing plan pursuant to subsection 5 of section 147 of the said Act.

1972, c. 23, s. 642; 1991, c. 25, s. 97; 2000, c. 5, s. 293.

855. No tax is payable under this Part by a trust for a taxation year throughout which the trust is governed by a profit sharing plan.

1972, c. 23, s. 643; 1995, c. 49, s. 190.

CHAPTER II COMPUTATION OF INCOME

1972, c. 23.

856. An employer may deduct in computing his income, for a taxation year, any amount which he pays to a trust under a profit sharing plan in that year or within 120 days thereafter, to the extent that such amount was not deductible in computing income for a previous taxation year.

1972, c. 23, s. 644.

857. A beneficiary must include in computing his income for a taxation year an amount which he receives in the year from a trustee under a profit sharing plan, except to the extent that such amount is allocated to:

(a)  a payment made by the employee to the trustee;

(b)  a capital gain made by the trust before 1972;

(c)  a capital gain of the trust for a taxation year ending after 1971 to the extent allocated by such trust to the beneficiary;

(d)  a gain made by the trust after 1971 from the disposition of a capital property, except to the extent that the gain is a capital gain made by trust for a taxation year ending after 1971;

(e)  a dividend received by the trust from a taxable Canadian corporation, other than a dividend described in section 501, to the extent allocated by the trust to the beneficiary;

(f)  an amount which must be included in computing the income of the employee for that year or a previous year; or

(g)  the portion of the increase in the value of property transferred to the beneficiary by the trust that would have been in 1971 a capital gain for it if it had sold it at its fair market value on 31 December 1971.

The portion of capital losses of the trust for its taxation years ending after 1971 that has been allocated by the trust to the beneficiary must however be deducted from the amount contemplated in one of the subparagraphs of the first paragraph if such portion has not been applied to reduce the amount contemplated in another of such paragraphs.

1972, c. 23, s. 645; 1973, c. 17, s. 100; 1977, c. 26, s. 90; 1978, c. 26, s. 167; 1997, c. 3, s. 71.

858. Where a beneficiary receives, from a trust under a profit sharing plan at any particular time in its taxation year, an amount which is property other than money, the following rules apply to such property:

(a)  the amount of the cost amount to the trust of the property immediately before such time is deemed to be the proceeds of the disposition of the property therefor;

(b)  that proportion of such portion of the amount received by the beneficiary, as determined in section 857, as is attributable to an amount referred to in any of subparagraphs a to g of the first paragraph of that section, that the cost amount to the trust of the property immediately before the particular time is of the cost amount to the trust of all properties so received by the beneficiary at the particular time, is, subject to paragraph c, deemed to be both the cost to the beneficiary of the property and, for the purposes of section 857, the amount so received by the beneficiary by virtue of the receipt by the beneficiary of the property; and

(c)  where the property is received as consideration for all or a portion of the beneficiary’s interests in the trust and the beneficiary files with the Minister on or before the beneficiary’s filing-due date for the beneficiary’s taxation year that includes the particular time an election in respect of the property, the beneficiary shall include in the cost to the beneficiary of the property determined under paragraph b the least of

i.  the amount by which the unused portion of the beneficiary’s exempt capital gains balance in respect of the trust at the particular time exceeds the aggregate of all amounts each of which is an amount included because of this paragraph in the cost to the beneficiary of another property received by the beneficiary at or before the particular time in the year,

ii.  the amount by which the fair market value of the property at the particular time exceeds the amount deemed by paragraph b to be the cost to the beneficiary of the property, and

iii.  the amount designated in the election in respect of the property.

1973, c. 17, s. 101; 2000, c. 5, s. 189.

859. An employee who is a beneficiary under a profit sharing plan must include in computing his income for a taxation year each amount that is allocated to him, contingently or absolutely, by the trustee under the plan at any time in the year, except in the case of an allocation in respect of an amount described in any of subparagraphs a to d of the first paragraph of section 857 or a dividend received by the trust from a taxable Canadian corporation.

1972, c. 23, s. 646; 1973, c. 17, s. 102; 1977, c. 26, s. 91; 1989, c. 5, s. 156; 1995, c. 49, s. 191; 1997, c. 3, s. 71.

860. Each capital gain or capital loss from the disposition of any property by a trust governed by a profit sharing plan is deemed, to the extent that it is allocated by the trust to one of its beneficiaries, to be such a capital gain or capital loss of the beneficiary from the disposition of that property for the taxation year of the beneficiary in which the allocation was made and, for the purposes of Title VI.5 of Book IV, the property is deemed to have been disposed of by the beneficiary on the day on which it was disposed of by the trust.

1972, c. 23, s. 647; 1996, c. 39, s. 236.

861. Notwithstanding section 66 of the Act respecting the application of the Taxation Act (chapter I-4), where the trustee of a trust governed by a profit sharing plan so elects before 1976, in prescribed manner, the trust is deemed to have disposed on 31 December 1971 of each property owned by the trust at that time and to have received proceeds therefrom equal to the fair market value thereof on such date and to have reacquired it for the same amount on 1 January 1972.

Such presumption shall be valid only if the trustee has, before 1976, allocated to the beneficiaries under the plan all the capital gains and capital losses resulting from such deemed dispositions.

1975, c. 22, s. 221; 1994, c. 22, s. 284.

862. Where the trustee of a trust governed by a profit sharing plan so elects in prescribed form and prescribed manner in a taxation year ending after 1973, the trust is deemed to have disposed, on the day indicated by the trustee, of any capital property owned by it and to have reacquired it immediately for proceeds or, as the case may be, at a cost equal to the amount, indicated by the trustee, situated between the adjusted cost base to the trust for the property on that day and its fair market value on the same day, or equal to such cost or such value.

If the trust was governed by a profit sharing plan on 31 December 1971, such election is valid only if the trustee has made the election referred to in section 861.

1975, c. 22, s. 221; 2001, c. 53, s. 179.

863. Where, in computing its income for a taxation year, a trust governed by a profit sharing plan has included a taxable dividend of a taxable Canadian corporation, the portion of the dividend allocated for the year to an employee who is a beneficiary of the plan is deemed to have been received by him as a taxable dividend of such corporation not exceeding the amount that would be included in computing his income for the year if the exception provided in section 859 did not refer to an allocation regarding a dividend received by a trust from a taxable Canadian corporation.

1972, c. 23, s. 648; 1977, c. 26, s. 92; 1997, c. 3, s. 71.

864. Where a person ceases at any time in a taxation year to be a beneficiary under a profit sharing plan and does not again become a beneficiary under the plan after that time and in the year, the person may deduct in computing his income for the year the amount determined by the formula

A − B − (C / 4) − D.

For the purposes of the formula in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount included in computing the person’s income for the year or a preceding taxation year, other than an amount received before that time under the plan or an amount under the plan that the person is entitled at that time to receive, because of an allocation, other than an allocation to which section 860 applies, to the person made contingently under the plan before that time;

(b)  B is the portion of the amount that is included in the aggregate determined under subparagraph a because of the second paragraph of section 497;

(c)  C is the aggregate of all taxable dividends deemed to be received by the person because of an allocation under section 863 in respect of the plan; and

(d)  D is the aggregate of all amounts deductible under this section in computing the person’s income for a preceding taxation year because the person ceased to be a beneficiary under the plan in a preceding taxation year.

1972, c. 23, s. 649; 1995, c. 49, s. 192; 2001, c. 7, s. 134.

865. For the purposes of sections 772.2 to 772.13, if, in relation to a taxation year, a trust governed by a profit sharing plan designates, after 19 December 2006 and in accordance with paragraph a of subsection 8.1 of section 144 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), an amount of income in respect of a particular employee who is a beneficiary under the plan, the lesser of that amount and the portion, described in section 866, of the income of the trust for the year from sources that are other than a business carried on by it and that are situated in a foreign country, is deemed to be, for the particular employee, income from such sources for the year.

Chapter V.2 of Title II of Book I applies in relation to a designation made under paragraph a of subsection 8.1 of section 144 of the Income Tax Act or in relation to a designation made under this section before 20 December 2006.

1972, c. 23, s. 650; 1973, c. 17, s. 103; 1995, c. 63, s. 95; 2009, c. 5, s. 373.

866. The portion of income to which the first paragraph of section 865 refers is the portion that is not deemed under that paragraph to be income of an employee other than the particular employee and that may reasonably be considered, having regard to the circumstances and terms of the trust arrangement, as being included in

(a)  an amount included under section 859 in computing the income of the particular employee; or

(b)  the amount by which the aggregate of every capital gain of the trust that is deemed to be a capital gain of the particular employee under section 860, exceeds the aggregate of every capital loss of the trust that is deemed to be a capital loss of the particular employee under that section.

1973, c. 17, s. 103; 2009, c. 5, s. 373.

867. For the purposes of sections 772.2 to 772.13, an employee who is a beneficiary under a profit sharing plan is deemed to have paid as non-business-income tax for a taxation year to the government of the country referred to in the first paragraph of section 865 or to the government of a political subdivision of that country, in respect of the income that is deemed for him under that section 865 to be income for the year from sources situated in that country, an amount equal to the proportion, determined under section 868, of the non-business-income tax, within the meaning of section 772.2, paid to that government for the year by the trust governed by the profit sharing plan.

1973, c. 17, s. 103; 1995, c. 63, s. 96; 2009, c. 5, s. 374.

868. The income tax payable by the employee contemplated by section 867 is the proportion thereof represented by the ratio between the income that the employee is deemed, under section 865, to have from sources situated in the foreign country and the income of the trust from such sources, except for income from a business it carries on therein.

1973, c. 17, s. 103.

869. (Repealed).

1977, c. 26, s. 93; 1989, c. 5, s. 157; 1995, c. 49, s. 193.

TITLE II DEFERRED PROFIT SHARING PLAN

1972, c. 23; 1991, c. 25, s. 98.

CHAPTER I GENERAL RULES

1972, c. 23.

870. In this Title,

“deferred profit sharing plan” means a plan accepted as such by the Minister of Revenue of Canada for registration for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and the registration of which is in force;

“forfeited amount” under a deferred profit sharing plan or a plan the registration of which has been revoked under subsection 14 or 14.1 of section 147 of the Income Tax Act means an amount to which a beneficiary under the plan has ceased to have any rights, other than that portion of the amount that is payable, as a consequence of the death of the beneficiary, to a person who is entitled thereto by virtue of the participation of the beneficiary in the plan.

1972, c. 23, s. 651; 1991, c. 25, s. 99; 2000, c. 5, s. 293.

871. In this Title, the words “other beneficiary”, in the expression “employee or other beneficiary”, mean a person other than the employee, to whom an amount is or becomes payable by a trust governed by a deferred profit sharing plan following payments made to the trust under the plan for the benefit of employees, including the employee concerned.

1972, c. 23, s. 652; 1991, c. 25, s. 99.

CHAPTER II

Repealed, 1991, c. 25, s. 100.

1991, c. 25, s. 100.

872. (Repealed).

1972, c. 23, s. 653; 1984, c. 15, s. 191; 1986, c. 15, s. 129; 1991, c. 25, s. 100.

873. (Repealed).

1972, c. 23, s. 654; 1991, c. 25, s. 100.

874. (Repealed).

1972, c. 23, s. 655; 1991, c. 25, s. 100.

875. (Repealed).

1972, c. 23, s. 656; 1991, c. 25, s. 100.

CHAPTER III REVOCATION OF REGISTRATION

1972, c. 23.

876. (Repealed).

1972, c. 23, s. 657; 1975, c. 83, s. 84; 1991, c. 25, s. 101.

876.1. (Repealed).

1984, c. 15, s. 192; 1991, c. 25, s. 101.

877. (Repealed).

1972, c. 23, s. 658; 1977, c. 26, s. 94; 1991, c. 25, s. 101.

878. (Repealed).

1972, c. 23, s. 659; 1975, c. 22, s. 222; 1991, c. 25, s. 101.

879. Where, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the registration of a plan is revoked under subsection 14 or 14.1 of section 147 of the said Act, the following rules apply:

(a)  (subparagraph repealed);

(b)  section 880 does not apply to a taxation year of a trust which is, at any time in the year, governed by such a plan;

(c)  (subparagraph repealed);

(d)  a taxpayer shall include in computing his income for a taxation year:

i.  all amounts received by him in the year under such a plan that would otherwise have been included in computing his income under section 885, and

ii.  the amount or value of the funds or property appropriated to or for the benefit of the taxpayer in the year, where such amount or value would otherwise have been included in computing his income under section 889 at the time of the appropriation of the funds or property;

(e)  a plan the registration of which is revoked is deemed, for the purposes of this Part, not to be a profit sharing plan or a retirement compensation arrangement.

For the purposes of this Part, a plan the registration of which is revoked before 1 January 1991 under sections 876 and 876.1, as they read before that date, that was not accepted again for registration under this Part before that date, is deemed, as of that date, to be a plan the registration of which has been revoked under subsection 14 or 14.1 of section 147 of the Income Tax Act.

1972, c. 23, s. 660; 1991, c. 25, s. 102.

CHAPTER IV TAX

1972, c. 23.

880. No tax is payable by a trust under this Part for the period during which it is governed by a deferred profit sharing plan.

1972, c. 23, s. 661; 1991, c. 25, s. 103.

CHAPTER V DEDUCTIONS

1972, c. 23.

881. An employer may deduct, in computing his income for a taxation year, the amount that, by virtue of subsection 8 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1972, c. 23, s. 662; 1972, c. 26, s. 63; 1976, c. 18, s. 14; 1979, c. 38, s. 25; 1982, c. 5, s. 153; 1984, c. 15, s. 193; 1991, c. 25, s. 104.

882. (Repealed).

1972, c. 23, s. 663; 1991, c. 25, s. 105.

883. For the purposes of sections 884, 885 and 886, where an employee or other beneficiary receives, in a taxation year, an amount from a trustee under a deferred profit sharing plan and the employee was a beneficiary under the plan while the plan was a profit sharing plan, the amount determined for the year, under this section, in relation to the plan and in respect of the beneficiary is such portion of the aggregate of the amounts so received in the year as does not exceed the remainder after subtracting

(a)  the aggregate of each amount:

i.  received by the employee or other beneficiary in a previous taxation year from a trustee under the plan while it was a profit sharing plan or a deferred profit sharing plan; and

ii.  allocated to the employee or other beneficiary under the plan while it was a profit sharing plan, in respect of a capital loss sustained by the trust before 1972; from

(b)  the aggregate of each amount:

i.  included in respect of the plan in computing the income of the employee for the year or a previous year under sections 852 to 865;

ii.  paid by him to the trustee under the plan while it was a profit sharing plan; and

iii.  allocated to the employee or other beneficiary by a trustee under the plan while it was a profit sharing plan, in respect of a capital gain made by the trust before 1972.

1972, c. 23, s. 664; 1973, c. 17, s. 104; 1991, c. 25, s. 106.

884. For the purposes of sections 885 and 886, where an employee or other beneficiary receives, in a taxation year, an amount from a trustee under a deferred profit sharing plan and the employee has made a payment in the year or a previous taxation year to a trustee under the plan while it was a deferred profit sharing plan, the amount determined for the year, under this section, in relation to the plan and in respect of the beneficiary, is such portion of the aggregate of the amounts so received in the year, minus any amount determined for the year under section 883 in relation to the plan and in respect of the beneficiary, as does not exceed the amount by which

(a)  the aggregate of each amount so paid by the employee in the year or a previous year, to the extent that such amount was not deductible by the employee in computing his income, exceeds

(b)  the aggregate of each amount received by the employee or other beneficiary from a trustee under the plan while it was a deferred profit sharing plan, to the extent that such amount was included in computing the amount determined under this section for a previous year in relation to the plan and in respect of the employee or other beneficiary.

1972, c. 23, s. 665; 1973, c. 17, s. 105; 1991, c. 25, s. 107.

CHAPTER VI AMOUNTS TO BE INCLUDED

1972, c. 23.

885. A beneficiary under a deferred profit sharing plan shall, in computing the income of the beneficiary for a taxation year, include the amount by which the aggregate of all amounts received by the beneficiary in the year from a trustee under the plan, other than as a result of acquiring an annuity described in subparagraph iv of paragraph k of subsection 2 of section 147 of the French text of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under which the beneficiary is the annuitant, exceeds the aggregate of all amounts each of which is an amount determined for the year under section 883, 884 or 886 in relation to the plan and in respect of the beneficiary.

1972, c. 23, s. 666; 1973, c. 17, s. 106; 1991, c. 25, s. 108; 1998, c. 16, s. 209.

885.1. A beneficiary described in paragraph k.2 of subsection 2 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) shall include, in computing his income for a taxation year, the aggregate of amounts allocated or reallocated to him in the year in respect of an amount paid, after 1 December 1982, by an employer to a trust governed by a deferred profit sharing plan or a plan the registration of which has been revoked under subsection 14 or 14.1 of section 147 of the said Act, or a forfeited amount under any such plan.

1984, c. 15, s. 194; 1991, c. 25, s. 108.

886. For the purposes of sections 885 and 888, where a beneficiary under a deferred profit sharing plan receives, in a taxation year and when the beneficiary is resident in Canada, from a trustee under the plan, on the beneficiary’s withdrawal from the plan or retirement from employment or on the death of an employee or former employee, a single payment that includes shares of the capital stock of a corporation that is an employer who contributes to the plan or shares of the capital stock of a corporation with which the employer does not deal at arm’s length and the beneficiary makes a valid election under subsection 10.1 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the payment, the amount determined for the year under this section in relation to the plan and in respect of the beneficiary is equal to the amount by which the fair market value of those shares, immediately before the single payment is made, exceeds the cost amount to the plan of those shares at that time.

1973, c. 17, s. 107; 1987, c. 67, s. 164; 1991, c. 25, s. 108; 1997, c. 3, s. 71; 1997, c. 85, s. 198.

887. (Repealed).

1973, c. 17, s. 107; 1987, c. 67, s. 165.

888. Where a trustee under a deferred profit sharing plan has, at any time in a taxation year, made under the plan a single payment that included shares referred to in section 886 to a beneficiary who was resident in Canada at the time and the beneficiary has made the election referred to in section 886 in respect of that payment, the following rules apply:

(a)  the trustee is deemed to have disposed of those shares for proceeds of disposition equal to the cost amount to the trust of those shares immediately before the single payment was made;

(b)  the cost to the beneficiary of those shares is deemed to be equal to their cost amount to the trust immediately before the single payment was made;

(c)  the cost to the beneficiary of each of those shares is deemed to be equal to the proportion of the amount determined under paragraph a in respect of all those shares that the fair market value of the share at the time the single payment was made is of that of all those shares at the same time;

(d)  for the application of paragraph d of section 339 to the taxation years 1989 and 1990, the cost to the beneficiary of those shares is an eligible amount in respect of the beneficiary for the year.

1973, c. 17, s. 107; 1987, c. 67, s. 166; 1991, c. 25, s. 109; 1997, c. 85, s. 199.

888.1. A taxpayer who has a share in respect of which he has made the election referred to in section 886 shall include in computing his income for the taxation year in which he disposed of or exchanged the share or ceased to be resident in Canada, whichever is the earlier, the amount by which the fair market value of the share at the time he acquired it exceeds the cost to him, determined under paragraph c of section 888, of the share at the time he acquired it.

1987, c. 67, s. 166; 1997, c. 85, s. 200.

888.2. (Repealed).

1987, c. 67, s. 166; 2003, c. 2, s. 254.

888.3. (Repealed).

1998, c. 16, s. 210; 2009, c. 5, s. 375.

888.4. If an amendment is made to an annuity contract to which subparagraph vi of paragraph k of subsection 2 of section 147 of the English version of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies, the sole effect of which is to defer annuity commencement to not later than the end of the year in which the individual in respect of whom the annuity contract was purchased reaches 71 years of age, the annuity contract is deemed not to have been disposed of by the individual.

2009, c. 5, s. 376.

889. (1)  An employer who contributes to a deferred profit sharing plan or a corporation with which he does not deal at arm’s length shall include, in computing his or its income for a taxation year, the amount or value of the funds or property of a trust governed by such a plan that are appropriated to or for his or its benefit in any manner whatever in that year.

(2)  The rule provided in subsection 1 does not apply if the appropriation results from a payment for shares of the employer or corporation by the trust, or if the funds or property, or an amount equal to their value, are repaid to the trust within one year from the end of the taxation year and if it is established that the repayment has not been made as part of a series of appropriations and repayments.

1972, c. 23, s. 667; 1991, c. 25, s. 110; 1997, c. 3, s. 71.

890. Where a trust governed by a deferred profit sharing plan or by a plan the registration of which has been revoked under subsection 14 or 14.1 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) disposes of property to a taxpayer for no consideration or for a consideration less than its fair market value at the time of the disposition, or acquires property from a taxpayer for a consideration greater than its fair market value at the time of the acquisition, the taxpayer who acquires or disposes of the property is deemed, for the purposes of sections 879 and 885, to have received at that time from the trust under the plan, as a beneficiary under the trust, an amount equal to the difference between that fair market value and the consideration, if any.

1972, c. 23, s. 668; 1975, c. 22, s. 223; 1991, c. 25, s. 110.

CHAPTER VII TRANSFERS

1991, c. 25, s. 111.

890.0.1. An amount is transferred from a deferred profit sharing plan in accordance with this section if the following conditions are met:

(a)  the amount is not part of a series of periodic payments;

(b)  the amount is transferred on behalf of an individual described in the second paragraph in full or partial satisfaction of his entitlement to benefits under the plan;

(c)  the amount would, if it were paid directly to the individual, be included in computing his income for a taxation year under section 885;

(d)  the amount is transferred for the benefit of the individual directly to any of the following plans or funds:

i.  a registered pension plan,

ii.  a registered retirement savings plan under which the individual is the annuitant, within the meaning of paragraph b of section 905.1,

iii.  a deferred profit sharing plan that can reasonably be expected to have at least five beneficiaries at all times throughout the calendar year in which the transfer is made, or

iv.  a registered retirement income fund under which the individual is the annuitant within the meaning of paragraph d of section 961.1.5.

The individual referred to in subparagraph b of the first paragraph is an individual

(a)  who is an employee or former employee of an employer who participated in the plan on the employee’s behalf, or

(b)  who was the spouse or former spouse of the employee at the time of the employee’s death and who is entitled to the amount referred to in subparagraph b of that paragraph

i.  as a consequence of the death of an employee or former employee referred to in subparagraph a, or

ii.  under a decree, an order or a judgment of a competent tribunal or under a written separation agreement relating to a partition of property between the employee or former employee and the individual in settlement of rights arising out of, or on the breakdown of, their marriage.

1991, c. 25, s. 111; 1994, c. 22, s. 285; 2009, c. 5, s. 377.

890.0.2. Where an amount is transferred on behalf of an individual in accordance with section 890.0.1, the following rules apply:

(a)  the amount shall not, by reason only of that transfer, be included in computing the income of any individual by virtue of this Title, and

(b)  no amount is deductible under any provision of this Part in computing the income of any individual in respect of the amount transferred.

1991, c. 25, s. 111.

890.0.3. Where the transfer of an amount from a deferred profit sharing plan in a calendar year on behalf of a beneficiary under the plan would, but for this section, be made in accordance with section 890.0.1 and, in the opinion of the Minister of Revenue of Canada, the requirements of subsection 5.1 of section 147 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) in respect of the plan are not satisfied for the year by reason that the beneficiary’s pension credits or pension adjustments, within the meanings assigned by that Act, do not comply with any of paragraphs a to c of subsection 5.1 of the said section 147, such portion of the amount transferred as may reasonably be considered to derive from amounts allocated or reallocated to the beneficiary in the year or from earnings reasonably attributable to those amounts is deemed to be an amount that was not transferred in accordance with section 890.0.1, except to the extent expressly provided in writing by the Minister of Revenue of Canada for the purposes of subsection 22 of the said section 147.

1991, c. 25, s. 111; 1995, c. 49, s. 194; 2000, c. 5, s. 293.

TITLE II.1 RETIREMENT COMPENSATION ARRANGEMENTS

1989, c. 77, s. 95.

CHAPTER I GENERAL RULES

1989, c. 77, s. 95.

890.1. In this Title, the expression

(a)  “subject property of a retirement compensation arrangement” means property that is held in connection with the arrangement;

(b)  “retirement compensation arrangement” means a plan or arrangement under which contributions, other than payments made to acquire an interest in a life insurance policy, are made by an employer or former employer of a taxpayer, or by a person with whom the employer or former employer does not deal at arm’s length, to another person or partnership, in this Title referred to as the “custodian”, in connection with benefits that are to be or may be received or enjoyed by any person on, after or in contemplation of any substantial change in the services rendered by the taxpayer, the retirement of the taxpayer or the loss of an office or employment of the taxpayer;

(c)  “RCA trust” under a retirement compensation arrangement means

i.  any trust governed by the arrangement; and

ii.  any trust deemed by paragraph a of section 890.2 to be created in respect of subject property of the arrangement.

For the purposes of subparagraph b of the first paragraph, a retirement compensation arrangement does not include

(a)  a registered pension plan;

(b)  a disability or income maintenance insurance plan under a policy with an insurance corporation;

(c)  a deferred profit sharing plan;

(d)  a profit sharing plan;

(e)  a registered retirement savings plan;

(f)  an employee trust;

(g)  a group sickness or accident insurance plan;

(h)  a supplementary unemployment benefit plan;

(i)  a trust described in paragraph m of section 998;

(j)  a plan or arrangement established for the purpose of deferring the salary or wages of a professional athlete for his services as such with a team that participates in a league having regularly scheduled games, in this paragraph referred to as an “athlete’s plan”, where

i.  the plan or arrangement would, but for paragraph j of section 47.16, be a salary deferral arrangement; and

ii.  in the case of a Canadian team, the custodian of the plan or arrangement carries on business through a fixed place of business in Canada and is licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee;

(k)  a salary deferral arrangement, whether or not deferred amounts thereunder are required to be included as benefits under section 37 in computing a taxpayer’s income;

(l)  a plan or arrangement, other than an athlete’s plan, that is maintained primarily for the benefit of persons not resident in Canada in respect of services rendered outside Canada;

(m)  an insurance policy;

(n)  a prescribed plan or arrangement.

For the purposes of the definition of “retirement compensation arrangement”, where a particular person holds property in trust under an arrangement that, if the property were held by another person, would be a retirement compensation arrangement, the arrangement is deemed to be a retirement compensation arrangement of which the particular person is the custodian.

1989, c. 77, s. 95; 1991, c. 25, s. 112; 1991, c. 25, s. 176; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 14, s. 149.

890.2. In respect of the subject property of a retirement compensation arrangement, other than subject property of the arrangement held by a trust governed by a retirement compensation arrangement, for the purposes of this Part, the following rules apply:

(a)  an inter vivos trust is deemed to be created on the day that the arrangement is established;

(b)  the subject property of the arrangement is deemed to be property of the trust and not to be property of any other person; and

(c)  the custodian of the arrangement is deemed to be the trustee having ownership or control of the trust property.

1989, c. 77, s. 95.

890.3. For the purposes of this Part, where by virtue of a plan or arrangement an employer is obliged to provide benefits that are to be received or enjoyed by any person on, after or in contemplation of any substantial change in the services rendered by a taxpayer, the retirement of a taxpayer or the loss of an office or employment of a taxpayer, and where the employer, former employer or a person or partnership with whom the employer or former employer does not deal at arm’s length acquires an interest in a life insurance policy that may reasonably be considered to be acquired to fund, in whole or in part, those benefits, the rules set out in the second paragraph apply in respect of the plan or arrangement if it is not otherwise a retirement compensation arrangement and is not excluded from the definition of the expression “retirement compensation arrangement” by any of subparagraphs a to l and n of the second paragraph of section 899.1.

The rules referred to in the first paragraph are the following:

(a)  the person or partnership referred to in the first paragraph who acquired the interest is deemed to be the custodian of a retirement compensation arrangement;

(b)  the interest is deemed to be subject property of the retirement compensation arrangement;

(c)  an amount equal to twice the amount of any premium paid in respect of the interest or any repayment of a policy loan thereunder is deemed to be a contribution under the retirement compensation arrangement; and

(d)  any payment received in respect of the interest, including a policy loan, and any amount received as a refund of refundable tax under subsection 2 of section 207.7 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is deemed to be an amount received out of or under the retirement compensation arrangement by the recipient and not to be a payment of any other amount.

1989, c. 77, s. 95; 1991, c. 25, s. 176; 1997, c. 3, s. 71; 2001, c. 53, s. 180.

890.4. For the purposes of the provisions of this Part relating to retirement compensation arrangements, where a corporation that at any time carried on a personal services business or an employee of the corporation, enters into a plan or arrangement with a person or partnership, referred to in this section as the “employer”, to which the corporation renders services, and where the plan or arrangement provides for benefits to be received or enjoyed by any person on, after or in contemplation of the cessation of, or any substantial change in, the services rendered by the corporation, or an employee of the corporation, to the employer, the following rules apply:

(a)  the employer and the corporation are deemed to be an employer and employee, respectively, in relation to each other; and

(b)  any benefits to be received or enjoyed by any person under the plan or arrangement are deemed to be benefits to be received or enjoyed by the person on, after or in contemplation of a substantial change in the services rendered by the corporation.

1989, c. 77, s. 95; 1997, c. 3, s. 71.

890.5. Where at any time an employee benefit plan becomes a retirement compensation arrangement as a consequence of a change of the custodian of the plan or as a consequence of the custodian ceasing either to carry on business through a fixed place of business in Canada or to be licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering to the public its services as trustee,

(a)  for the purposes of this Part, the custodian of the plan is deemed to have made a contribution to the arrangement immediately after that time, in an amount equal to the fair market value at that time of all the properties of the plan; and

(b)  for the purposes of sections 209.1 to 209.4, that amount is deemed to be a payment made at that time out of or under the plan to or for the benefit of employees or former employees of the employers who contributed to the plan.

1989, c. 77, s. 95; 1991, c. 25, s. 176; 1996, c. 39, s. 273.

890.6. For the purposes of this Part, where a resident’s contribution has been made under a plan or arrangement, in this section referred to as the “plan”, the following rules apply:

(a)  the plan is deemed, in respect of its application to all resident’s contributions made under the plan and all property that can reasonably be considered to be derived from those contributions, to be a separate arrangement, in this section referred to as the “residents’ arrangement”, independent of the plan in respect of its application to all other contributions and property that can reasonably be considered to derive from those other contributions;

(b)  the residents’ arrangement is deemed to be a retirement compensation arrangement; and

(c)  each person and partnership to whom a contribution is made under the residents’ arrangement is deemed to be a custodian of the residents’ arrangement.

1989, c. 77, s. 95; 1991, c. 25, s. 176; 1995, c. 49, s. 195; 1997, c. 3, s. 71.

890.6.1. For the purposes of section 890.6, “resident’s contribution” means such part of a contribution made under a plan or arrangement, in this section referred to as the “plan”, at a time when the plan would, but for subparagraph l of the second paragraph of section 890.1, be a retirement compensation arrangement as

(a)  is not a contribution referred to in paragraph 4, 5 or 6 of section 6804 of the Income Tax Regulations made under the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)); and

(b)  can reasonably be considered to have been made in respect of services rendered by an individual to an employer in a period

i.  throughout which the individual was resident in Canada and rendered services to the employer that were primarily services rendered in Canada or services rendered in connection with a business carried on by the employer in Canada, or a combination of such services, and

ii.  at the beginning of which the individual had been resident in Canada throughout at least 60 of the 72 preceding calendar months, where the individual was not resident in Canada at any time before the period and became a member of the plan before the end of the month after the month in which the individual became resident in Canada.

For the purposes of subparagraph b of the first paragraph, where benefits provided to an individual under a particular plan or arrangement are replaced by benefits under another plan or arrangement, the other plan or arrangement is deemed, in respect of the individual, to be the same plan or arrangement as the particular plan or arrangement.

1995, c. 49, s. 196; 2001, c. 7, s. 135; 2010, c. 5, s. 83.

890.7. For the purposes of this Part, other than this section, where a retirement compensation arrangement is part of a plan or arrangement under which amounts not related to the retirement compensation arrangement are payable or provided, the following rules apply:

(a)  the retirement compensation arrangement is deemed to be a separate arrangement independent of other parts of the plan or arrangement of which it is a part; and

(b)  subject to section 47.14, amounts paid out of or under the plan or arrangement are deemed to have first been paid out of the retirement compensation arrangement unless a provision in the plan or arrangement otherwise provides.

1989, c. 77, s. 95.

CHAPTER II TAX

1989, c. 77, s. 95.

890.8. No tax is payable by an RCA trust under this Part.

1989, c. 77, s. 95.

CHAPTER III AMOUNTS TO BE INCLUDED

1989, c. 77, s. 95.

890.9. A taxpayer shall include in computing his income for a taxation year

(a)  any amount, including a return of contributions, received in the year by the taxpayer or another person, other than an amount required to be included in that other person’s income for a taxation year under section 890.11, out of or under a retirement compensation arrangement that can reasonably be considered to have been received in respect of an office or employment of the taxpayer;

(b)  any amount received or that became receivable in the year by the taxpayer as proceeds from the disposition of an interest in a retirement compensation arrangement; and

(c)  the aggregate of all amounts, including a return of contributions, each of which is an amount received in the year by the taxpayer out of or under a retirement compensation arrangement that can reasonably be considered to have been received in respect of an office or employment of a person other than the taxpayer, except to the extent that the amount was required

i.  under section 890.11 to be included in computing the taxpayer’s income for a taxation year; or

ii.  under paragraph a of this section or section 429 to be included in computing the income for the year of a person resident in Canada other than the taxpayer.

1989, c. 77, s. 95; 1991, c. 25, s. 176.

890.10. For the purposes of paragraphs a and c of section 890.9, where, at any time in a year, a trust governed by a retirement compensation arrangement makes, in respect of property, any of the transactions described in the second paragraph, the amount, if any, by which the fair market value referred to in subparagraph a, b or c of the second paragraph differs from the consideration referred to therein or, if there is no consideration, the amount of the fair market value referred to therein is deemed to be an amount received at that time by the person out of or under the arrangement that can reasonably be considered to have been received in respect of an office or employment of a taxpayer.

The transactions referred to in the first paragraph are the following:

(a)  the trust disposes of property to a person for consideration less than the fair market value of the property at the time of the disposition, or for no consideration;

(b)  the trust acquires property from a person for consideration greater than the fair market value of the property at the time of the acquisition;

(c)  the trust permits a person to use or enjoy property of the trust for no consideration or for consideration less than the fair market value of such use or enjoyment.

1989, c. 77, s. 95.

890.11. A taxpayer shall also include in computing his income for a taxation year the aggregate of all amounts each of which is an amount received by him in the year in the course of a business out of or under a retirement compensation arrangement to which he, another person who carried on a business that was acquired by him, or any person with whom he or that other person does not deal at arm’s length, has contributed an amount that was deductible under section 139.1 in computing the contributor’s income for a taxation year.

1989, c. 77, s. 95; 1991, c. 25, s. 176.

CHAPTER IV DEDUCTIONS

1989, c. 77, s. 95.

890.12. A taxpayer may deduct in computing his income for a taxation year amounts paid by him in the year as contributions under a retirement compensation arrangement in respect of services rendered by his employee or former employee, other than where it is established, by subsequent events or otherwise, that the amounts were paid as part of a series of payments and refunds of contributions under the arrangement.

1989, c. 77, s. 95; 1991, c. 25, s. 176.

890.13. A taxpayer may also deduct in computing his income for a taxation year,

(a)  where an amount in respect of a particular retirement compensation arrangement is required by paragraph a or c of section 890.9 or by section 429 to be included in computing the taxpayer’s income for the year, an amount equal to the lesser of

i.  the aggregate of all amounts in respect of the particular arrangement so required to be included in computing the taxpayer’s income for the year, and

ii.  the amount by which the aggregate of all amounts each of which is an amount deducted under this paragraph or paragraph b in respect of the particular arrangement in computing the taxpayer’s income for a preceding taxation year or an amount transferred in respect of the taxpayer before the end of the year from the particular arrangement to another retirement compensation arrangement in circumstances in which section 890.14 applies, to the extent that the amount would have been deductible under this paragraph in respect of the particular arrangement in computing the taxpayer’s income if it had been received by the taxpayer out of the particular arrangement, is exceeded by the aggregate of all amounts each of which is

(1)  an amount, other than an amount deductible under section 70.2 or transferred to the particular arrangement in circumstances in which section 890.14 applies, contributed under the particular arrangement by the taxpayer while it was a retirement compensation arrangement and before the end of the year,

(2)  an amount transferred in respect of the taxpayer before the end of the year to the particular arrangement from another retirement compensation arrangement in circumstances in which section 890.14 applies, to the extent that the amount would have been deductible under this paragraph in respect of the other arrangement in computing the taxpayer’s income if it had been received by the taxpayer out of the other arrangement,

(3)  an amount paid by the taxpayer before the end of the year and at a time when the taxpayer was resident in Canada to acquire an interest in the particular arrangement, or

(4)  an amount that was received or became receivable by the taxpayer before the end of the year and at a time when the taxpayer was resident in Canada as proceeds from the disposition of an interest in the particular arrangement; and

(b)  where an amount in respect of a particular retirement compensation arrangement is required by paragraph b of section 890.9 to be included in computing the taxpayer’s income for the year, an amount equal to the lesser of

i.  the aggregate of all amounts in respect of the particular arrangement so required to be included in the taxpayer’s income for the year, and

ii.  the amount by which the aggregate of all amounts each of which is an amount deducted under paragraph a in respect of the particular arrangement in computing the taxpayer’s income for the year or a preceding taxation year, an amount deducted under this paragraph in respect of the particular arrangement in computing the taxpayer’s income for a preceding taxation year or an amount transferred in respect of the taxpayer before the end of the year from the particular arrangement to another retirement compensation arrangement in circumstances in which section 890.14 applies, to the extent that the amount would have been deductible under paragraph a in respect of the particular arrangement in computing the taxpayer’s income if it had been received by the taxpayer out of the other arrangement, is exceeded by the aggregate of all amounts each of which is

(1)  an amount, other than an amount deductible under section 70.2 or transferred to the particular arrangement in circumstances in which section 890.14 applies, contributed under the particular arrangement by the taxpayer while it was a retirement compensation arrangement and before the end of the year,

(2)  an amount transferred in respect of the taxpayer before the end of the year to the particular arrangement from another retirement compensation arrangement in circumstances in which section 890.14 applies, to the extent that the amount would have been deductible under paragraph a in respect of the other arrangement in computing the taxpayer’s income if it had been received by the taxpayer out of the other arrangement, and

(3)  an amount paid by the taxpayer before the end of the year and at a time when the taxpayer was resident in Canada to acquire an interest in the particular arrangement.

1989, c. 77, s. 95; 1991, c. 25, s. 176; 1997, c. 14, s. 150; 2000, c. 5, s. 190.

CHAPTER V ARRANGEMENT TRANSFERS

2000, c. 5, s. 191.

890.14. Where an amount, other than an amount that is part of a series of periodic payments, is transferred directly to a retirement compensation arrangement, other than a plan or arrangement the custodian of which is not resident in Canada or which is deemed under section 890.6 to be a retirement compensation arrangement, from another retirement compensation arrangement, the following rules apply:

(a)  the amount shall not, solely because of the transfer, be included in computing a taxpayer’s income; and

(b)  no deduction may be made in respect of the amount in computing a taxpayer’s income.

2000, c. 5, s. 191.

TITLE III REGISTERED EDUCATION SAVINGS PLANS

1975, c. 21, s. 19.

CHAPTER I INTERPRETATION AND REGISTRATION

1975, c. 21, s. 19; 2000, c. 5, s. 192.

890.15. In this Title,

“accumulated income payment” under an education savings plan means any amount paid out of the plan, other than a payment described in any of paragraphs a and c to e of the definition of “trust”, to the extent that the amount so paid exceeds the fair market value of any consideration given to the plan for the payment of the amount;

“beneficiary” under an education savings plan means a person, designated by a subscriber under the plan, to whom or on whose behalf an educational assistance payment under the plan is to be paid if the person qualifies under the plan;

“education savings plan” means

(a)  a contract described in section 893; or

(b)  a contract entered into after 31 December 1997 between an individual, other than a trust, such an individual and the spouse of the individual or the public primary caregiver of a beneficiary, and a person or organization, in this Title referred to as a “promoter”, under which the promoter agrees to pay or to cause to be paid educational assistance payments to or for one or more beneficiaries;

“educational assistance payment” means any amount, other than a refund of contributions, paid out of an education savings plan to or for an individual to assist the individual to further the individual’s education at the post-secondary school level;

“public primary caregiver” of a beneficiary under an education savings plan in respect of whom a special allowance is payable under the Children’s Special Allowances Act (S.C. 1992, c. 48), means the department, body, agency or institution that maintains the beneficiary or the public curator or public trustee of the province in which the beneficiary resides;

“qualified investment” for a trust governed by a registered education savings plan has the meaning assigned by subsection 1 of section 146.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“refund of contributions” at any time under a registered education savings plan means

(a)  an amount paid at that time as a refund of a contribution that had been made to the plan at a previous time by or on behalf of a subscriber under the plan, otherwise than by way of a transfer from another registered education savings plan; and

(b)  an amount paid at that time as a refund of an amount that had been paid into the plan at a previous time by way of a transfer from another registered education savings plan, where the amount would have been a refund of contributions under the other plan if it had been paid at the previous time directly to a subscriber under the other plan;

“registered education savings plan” means, subject to section 890.16, an education savings plan registered or deemed to be registered by the Minister for the purposes of this Part or a registered education savings plan as it is amended from time to time; in that respect, every education savings plan whose registration was effective on 1 January 1998, or that is accepted for registration after 31 December 1997, for the purposes of the Income Tax Act is, subject to the Minister’s power to refuse or revoke a registration, deemed to be registered by the Minister for the purposes of this Part;

“specified plan” means an education savings plan

(a)  that does not allow more than one beneficiary under the plan at any one time;

(b)  under which the beneficiary is an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the beneficiary’s taxation year that ends in the 31st year following the year in which the plan was entered into; and

(c)  that provides that, at all times after the end of the 35th year following the year in which the plan was entered into, no other individual may be designated as a beneficiary under the plan;

“subscriber” under an education savings plan at any time means

(a)  in the case of an education savings plan under a contract described in section 893, the individual referred to in that section with whom the promoter of the plan has entered into the contract; or

(b)  in the case of another education savings plan and subject to section 890.17,

i.  each individual or the public primary caregiver with whom the promoter of the plan has entered into the plan,

i.1.  another individual or another public primary caregiver who has before that time, under a written agreement, acquired a public primary caregiver’s rights as a subscriber under the plan,

ii.  an individual who has before that time acquired a subscriber’s rights under the plan pursuant to a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a partition of property between the individual and a subscriber under the plan in settlement of rights arising out of, or on the breakdown of, their marriage, or

iii.  after the death of an individual described in any of subparagraphs i to ii, any other person, including the succession of the subscriber, who acquires the individual’s rights as a subscriber under the plan or who makes contributions to the plan in respect of a beneficiary under the plan;

“trust”, except in paragraphs d and e and paragraph b of the definition of “education savings plan”, means any person who irrevocably holds property under an education savings plan for any of, or any combination of, the following purposes:

(a)  the payment of educational assistance payments;

(b)  the payment after 31 December 1997 of accumulated income payments;

(c)  the payment of a refund of contributions;

(c.1)  the repayment of amounts, including the payment of amounts related to that repayment, under the Canada Education Savings Act (S.C. 2004, c. 26) or under a program administered pursuant to an agreement entered into under section 12 of that Act;

(c.2)  the payment of tax under any of sections 1129.66.2, 1129.66.4 and 1129.66.5, including the payment of an amount related to that tax;

(d)  the payment of an amount to, or to a trust in favour of, a prescribed educational institution; and

(e)  the payment of an amount to another trust that irrevocably holds property under a registered education savings plan for one or more of the purposes set out in paragraphs a to d.

2000, c. 5, s. 193; 2001, c. 53, s. 181; 2005, c. 38, s. 204; 2009, c. 5, s. 378; 2009, c. 15, s. 163.

890.15.1. In this Title, a contribution to an education savings plan includes neither an amount paid into the plan under the Canada Education Savings Act (S.C. 2004, c. 26) or a program administered in accordance with an agreement entered into under section 12 of that Act, nor an amount deemed under section 1029.8.128 to be an overpayment of the trust’s tax payable.

2001, c. 53, s. 182; 2005, c. 38, s. 205; 2009, c. 5, s. 379.

890.15.2. For the purposes of this Title and paragraph d.3 of section 336, a reference to the Canada Education Savings Act (Statutes of Canada, 2004, chapter 26), to an amount paid under that Act, to the payment or repayment of an amount under that Act or to an obligation or condition set out in that Act is a reference to Part III.1 of the Department of Human Resources Development Act (Statutes of Canada, 1996, chapter 11), to an amount paid under that Part, to the payment or repayment of an amount under that Part or to an obligation or condition set out in that Part, as it read at the time the reference is relevant.

2005, c. 38, s. 206.

890.16. For the purposes of this Title, except sections 904 and 904.1, a registered education savings plan ceases to qualify as such from the day following the day on which its registration is revoked or deemed revoked under section 899.

2000, c. 5, s. 193.

890.16.1. For the purposes of this Title and Chapter III of Title XXXV of the Regulation respecting the Taxation Act (chapter I-3, r. 1), “education at the post-secondary school level” or “program at a post-secondary school level” includes a program of studies of an educational institution described in subparagraph ii of paragraph a of section 752.0.18.10 that furnishes a person with skills for, or improves a person’s skills in, an occupation.

2005, c. 38, s. 207; 2009, c. 15, s. 164.

890.17. For the purposes of paragraph b of the definition of “subscriber” in section 890.15, a subscriber under an education savings plan at any time does not include an individual or a public primary caregiver whose rights as a subscriber under the plan had, before that time, been acquired by an individual or public primary caregiver in the circumstances described in subparagraph i.1 or ii of that paragraph b.

2000, c. 5, s. 193; 2005, c. 38, s. 208.

891. (Repealed).

1975, c. 21, s. 19; 2000, c. 5, s. 194.

892. (Repealed).

1975, c. 21, s. 19; 2000, c. 5, s. 194.

893. The contract to which paragraph a of the definition of “education savings plan” in section 890.15 refers is a contract entered into before 1 January 1998 between an individual and a promoter, under which, as consideration for the payment of an amount by the individual, the promoter agrees to pay or to cause to be paid educational assistance payments to or for a beneficiary.

1975, c. 21, s. 19; 2000, c. 5, s. 195.

894. (Repealed).

1975, c. 21, s. 19; 1980, c. 13, s. 73; 1993, c. 16, s. 305; 1997, c. 3, s. 41; 2000, c. 5, s. 196.

895. The Minister shall not register for the purposes of this Part any education savings plan of a promoter unless the promoter applies therefor to the Minister in prescribed form containing prescribed information and, in the Minister’s opinion, the following conditions are complied with:

(a)  at the time of the application for registration of the plan by the promoter, not fewer than 150 plans have been entered into with the promoter, each of which complied, at the time it was entered into, with the conditions set out in section 894 and the other conditions set out in this section, as those sections read at that time;

(a.1)  the plan provides that the property of any trust governed by the plan, after the payment of trustee and administration charges, is irrevocably held for any of the purposes described in the definition of “trust” in section 890.15 by a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on in Canada the business of offering its services as a trustee;

(b)  the promoter and each trust governed by the plan are resident in Canada;

(c)  the plan does not allow for any payment before 1 January 1998 to a subscriber, other than the payment of a refund of contributions, unless the subscriber is also the beneficiary under the plan;

(c.1)  subject to section 895.0.1, if the plan allows accumulated income payments, the plan provides that an accumulated income payment is permitted to be made only if

i.  the payment is made to, or on behalf of, a subscriber under the plan who is resident in Canada when the payment is made,

ii.  the payment is not made jointly to, or on behalf of, more than one subscriber, and

iii.  any of the following situations apply:

(1)  the payment is made after the ninth year that follows the year in which the plan was entered into and each individual, other than a deceased individual, who is or was a beneficiary under the plan has attained 21 years of age before the payment is made and is not, when the payment is made, eligible under the plan to receive an educational assistance payment,

(2)  the payment is made in the year in which the plan must be terminated in accordance with paragraph h, or

(3)  each individual who was a beneficiary under the plan is deceased when the payment is made;

(d)  the plan is substantially similar to the plan described in or annexed to the prospectus filed by the promoter with the Autorité des marchés financiers, a securities commission or a similar body in Canada;

(e)  in the event that a trust governed by the plan is terminated, the property held by the trust is to be used for any of the purposes described in the definition of “trust” in section 890.15;

(f)  the plan provides for the payment of educational assistance payments before 1 January 1997 to an individual only if the individual is, at the time the payment is made, in full-time attendance at a prescribed post-secondary educational institution, enrolled in a prescribed educational program at the institution;

(f.1)  the plan provides for the payment of educational assistance payments at any time after 31 December 1996 to or on behalf of an individual only if

i.  (subparagraph repealed),

ii.  the individual is at that time

(1)  enrolled as a student in a prescribed educational program at a prescribed post-secondary educational institution, or

(2)  16 years of age or over and enrolled as a student in a prescribed educational program at a prescribed postsecondary educational institution, and

iii.  any of the following situations apply:

(1)  the individual satisfies, at that time, the condition set out in subparagraph 1 of subparagraph ii and has satisfied that condition throughout at least 13 consecutive weeks in the 12-month period that ends at that time, or the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or on behalf of the individual in the 12-month period that ends at that time does not exceed $5,000 or such greater amount as the Minister responsible for the administration of the Canada Education Savings Act (S.C. 2004, c. 26) approves in writing in respect of the individual, or

(2)  the individual satisfies, at that time, the condition set out in subparagraph 2 of subparagraph ii and the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or on behalf of the individual in the 13-week period that ends at that time does not exceed $2,500 or such greater amount as the Minister responsible for the administration of the Canada Education Savings Act approves in writing in respect of the individual;

(f.2)  the plan provides that no contribution to the plan may be made otherwise than by or on behalf of a subscriber under the plan in respect of a beneficiary under the plan or by way of transfer from another plan that is a registered education savings plan;

(f.3)  the plan provides

i.  that an individual is permitted to be designated as a beneficiary under the plan only if

(1)  the individual’s Social Insurance Number is provided to the promoter before the designation is made, and

(2)  the individual is resident in Canada when the designation is made, or the designation is made in conjunction with a transfer of property into the plan from another registered education savings plan under which the individual was a beneficiary immediately before the transfer, and

ii.  that a contribution to the plan in respect of an individual who is a beneficiary under the plan is permitted to be made only if

(1)  the individual’s Social Insurance Number is provided to the promoter before the contribution is made and the individual is resident in Canada when the contribution is made, or

(2)  the contribution is made by means of a transfer from another registered education savings plan under which the individual was a beneficiary immediately before the transfer;

(g)  the plan provides that no contribution, other than a contribution made by way of transfer from another registered education savings plan, may be made into the plan

i.  in the case of a specified plan, after the 35th year following the year in which the plan is entered into, and

ii.  in any other case, after the 31st year following the year in which the plan is entered into;

(h)  the plan provides that it must be terminated on or before the last day of

i.  in the case of a specified plan, the 40th year following the year in which the plan is entered into, and

ii.  in any other case, the 35th year following the year in which the plan is entered into;

(h.1)  where the plan allows accumulated income payments in accordance with paragraph c.1, the plan provides that it must be terminated before 1 March of the year following the year in which the first such payment is made under the plan;

(h.2)  the plan does not allow for the receipt of property by way of direct transfer from another plan that is a registered education savings plan after the other plan has made any accumulated income payment;

(i)  where the plan allows more than one beneficiary under the plan at any one time, the plan provides

i.  that each of the beneficiaries under the plan is required to be connected to each living subscriber under the plan, or to have been connected to a deceased original subscriber under the plan, by blood relationship or adoption, and

ii.  that a contribution to the plan in respect of a beneficiary is permitted to be made only if

(1)  the beneficiary had not attained 31 years of age before the time of the contribution,

(2)  the contribution is made by way of transfer from another plan that is a registered education savings plan that allows more than one beneficiary at any one time, and

(3)  (subparagraph repealed),

iii.  an individual is permitted to become a beneficiary under the plan at any particular time only if

(1)  the individual had not attained 21 years of age before the particular time, or

(2)  the individual was, immediately before the particular time, a beneficiary under another registered education savings plan that allows more than one beneficiary at any one time;

(j)  (paragraph repealed);

(k)  the plan provides that the promoter shall, within 90 days after an individual becomes a beneficiary under the plan, notify in writing the individual or, if the individual is under 19 years of age at that time and either ordinarily resides with a parent of the individual or is maintained by a public primary caregiver of the individual, that parent or public primary caregiver, of the existence of the plan and the name and address of the subscriber in respect of the plan;

(l)  the Minister has no reason to believe that the promoter will not take all reasonable measures to ensure that the plan will continue to comply with the conditions for registration set out in paragraphs a.1, b to c.1 and e to k for the purposes of this Part; and

(m)  the Minister has no reasonable basis to believe that the plan will become revocable.

1975, c. 21, s. 19; 1993, c. 16, s. 306; 1998, c. 16, s. 211; 2000, c. 5, s. 197; 2001, c. 53, s. 183; 2002, c. 45, s. 518; 2003, c. 9, s. 463; 2004, c. 37, s. 90; 2005, c. 38, s. 209; 2006, c. 36, s. 89; 2009, c. 5, s. 380; 2009, c. 15, s. 165.

895.0.1. The Minister may, on written application of the promoter of a registered education savings plan, waive the application of the conditions set out in subparagraph 1 of subparagraph iii of paragraph c.1 of section 895 in respect of the plan if a beneficiary under the plan suffers from a severe and prolonged impairment in mental functions that prevents, or can reasonably be expected to prevent, the beneficiary from enrolling in a prescribed educational program at a prescribed post-secondary educational institution.

2001, c. 53, s. 184; 2005, c. 38, s. 210; 2006, c. 36, s. 90.

895.0.1.1. Despite paragraph f.1 of section 895, an education savings plan may provide for the payment of an educational assistance payment to or for an individual at any time in the six-month period after the particular time at which the individual ceases to be enrolled as a student in a prescribed educational program, if the payment would have complied with that paragraph f.1 had the payment been made immediately before the particular time.

2009, c. 15, s. 166.

895.0.1.2. An educational assistance payment that is made at any time in accordance with section 895.0.1.1 but not in accordance with paragraph f.1 of section 895 is deemed, for the purposes of that paragraph at and after that time, to have been made immediately before the particular time referred to in section 895.0.1.1.

2009, c. 15, s. 166.

895.0.2. For the purposes of subparagraph 1 of subparagraph iii of paragraph f.1 of section 895, a reference to an amount that the Minister responsible for the administration of the Canada Education Savings Act (S.C. 2004, c. 26) approves in writing in respect of an individual is a reference to an amount that the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development has approved in writing in respect of the individual before the day on which a Minister is designated as responsible for the administration of that Act.

2005, c. 38, s. 211; 2009, c. 5, s. 381.

895.0.3. Despite paragraph f.3 of section 895, an education savings plan may provide that an individual’s Social Insurance Number need not be provided in respect of

(a)  a contribution made to the plan, if the contract constituting the plan was entered into before 1 January 1999; and

(b)  a designation, as a beneficiary under the plan, of an individual who is not resident in Canada, if the individual was not assigned a Social Insurance Number before the designation is made.

2009, c. 15, s. 167.

895.1. Where property irrevocably held by a trust governed by a registered education savings plan, in this section referred to as the “transferor plan”, is transferred to a trust governed by another registered education savings plan, in this section referred to as the “transferee plan”, the following rules apply:

(a)  for the purposes of this section, the definition of “specified plan” in section 890.15 and paragraphs c.1, g and h of section 895, the transferee plan is deemed to have been entered into on the day on which the transferee plan was entered into or, if it is earlier, on the day on which the transferor plan was entered into; and

(b)  notwithstanding sections 904 and 904.1, no amount shall be included in computing the income of any person because of the transfer.

1993, c. 16, s. 307; 2000, c. 5, s. 198; 2005, c. 38, s. 212.

896. Where an education savings plan cannot be registered solely because the condition set out in paragraph a of section 895 has not been complied with, if the plan is subsequently registered, it is deemed to have been registered on 1 January of the year in which all other conditions referred to in that section were complied with or on 1 January of the year preceding the year in which the plan is subsequently registered, whichever date is the later.

1975, c. 21, s. 19; 2000, c. 5, s. 198.

897. Notwithstanding paragraph d of section 895, the Minister may register an education savings plan even though the promoter has not filed the prospectus contemplated therein in respect of the plan, if the promoter is not otherwise required by the laws of Canada or a province to file such a prospectus with the Autorité des marchés financiers, a securities commission or a body performing a similar function in Canada and the plan complies with the other conditions set out in that section 895.

1975, c. 21, s. 19; 1993, c. 16, s. 308; 2000, c. 5, s. 199; 2002, c. 45, s. 519; 2004, c. 37, s. 90.

898. Subject to section 896, an education savings plan shall be deemed to have been registered on 1 January:

(a)  of the year 1972 or of the year in which it was created, whichever date is the later, if it was registered before 1976; or

(b)  of the year in which it was registered, if it was registered after 1975.

1975, c. 21, s. 19.

CHAPTER II REVOCATION OF REGISTRATION

1975, c. 21, s. 19.

898.1. If, on a particular day, a registered education savings plan is revocable or ceases to comply with any provision of the plan or with the registering conditions set out in section 895 or a person fails to comply with a condition or obligation imposed under Division II.21 of Chapter III.1 of Title III of Book IX, the Canada Education Savings Act (S.C. 2004, c. 26) or a program administered in accordance with an agreement entered into under section 12 of that Act, that applies in respect of a registered education savings plan, the Minister may send written notice to the promoter of the plan that the Minister proposes to revoke the registration of the plan as of the date specified in the notice, which date must not be earlier than the particular day.

2000, c. 5, s. 200; 2001, c. 53, s. 185; 2005, c. 38, s. 213; 2009, c. 5, s. 382.

898.1.1. For the purposes of paragraph m of section 895 and section 898.1, a registered education savings plan is revocable at any time after 27 October 1998 at which

(a)  a trust governed by the plan acquires property that is not a qualified investment for the trust;

(b)  property held by a trust governed by the plan ceases to be a qualified investment for the trust and the property is not disposed of by the trust within 60 days after that time;

(c)  a trust governed by the plan begins carrying on a business; or

(d)  a trustee that holds property in connection with the plan borrows money for the purposes of the plan, except where

i.  the money is borrowed for a term not exceeding 90 days,

ii.  the money is not borrowed as part of a series of loans or other transactions and repayments, and

iii.  none of the property of the trust is used as security for the borrowed money.

2001, c. 53, s. 186.

898.2. Where, in accordance with section 898.1, the Minister sends a notice, in this section referred to as a “notice of intent”, to the promoter of a registered education savings plan that the Minister proposes to revoke the registration of the plan, the Minister may, after 30 days after the receipt by the promoter of the notice of intent, send written notice to the promoter that the registration of the plan is revoked as of the day specified in the notice of revocation, which day shall not be earlier than the day specified in the notice of intent.

2000, c. 5, s. 200.

899. Where, in accordance with section 898.2, the Minister sends a notice of revocation of the registration of a registered education savings plan to the promoter of the plan, the registration of the plan is revoked as of the day specified in the notice of revocation, unless the Court of Québec or a judge thereof, on application made at any time before the determination of an appeal under subparagraph e of the first paragraph of section 93.1.15 of the Act respecting the Ministère du Revenu (chapter M-31), decides otherwise.

Subject to the first paragraph, the registration of a registered education savings plan that is deemed to have been registered by the Minister for the purposes of this Part, in accordance with the definition of “registered education savings plan” in section 890.15, is deemed, for the purposes of this Part, to be revoked as of the day on which, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the registration of the plan is revoked under subsection 13 of section 146.1 of that Act.

1975, c. 21, s. 19; 1975, c. 83, s. 84; 1999, c. 83, s. 273; 2000, c. 5, s. 201.

900. (Repealed).

1975, c. 21, s. 19; 2000, c. 5, s. 202.

CHAPTER III TAX

1975, c. 21, s. 19.

901. No tax is payable under this Part by a trust on its taxable income for a taxation year, or by a subscriber on the income of the trust for a taxation year after 1971 if, throughout the period of the year in which it is in existence, the trust is governed by a registered education savings plan.

1975, c. 21, s. 19.

902. A trust governed by an education savings plan which, in a taxation year, is not registered, shall be deemed to be for the year an inter vivos trust contemplated in section 768 established after 17 June 1971.

1975, c. 21, s. 19.

CHAPTER IV INCOME INCLUSIONS

1975, c. 21, s. 19; 2000, c. 5, s. 203.

903. (Repealed).

1975, c. 21, s. 19; 2000, c. 5, s. 204.

904. An individual shall include in computing the individual’s income for a taxation year any education assistance payment paid out of a registered education savings plan to or for the individual in the year.

1975, c. 21, s. 19; 1980, c. 13, s. 74; 2000, c. 5, s. 205.

904.1. A taxpayer shall include in computing the taxpayer’s income for a taxation year the aggregate of

(a)  any accumulated income payment received in the year by the taxpayer under a registered education savings plan; and

(b)  any amount received in the year by the taxpayer in full or partial satisfaction of a subscriber’s interest under a registered education savings plan, other than any excluded amount in relation to the plan.

For the purposes of subparagraph b of the first paragraph, an excluded amount in relation to a registered education savings plan is

(a)  any amount received under the plan;

(b)  any amount received in satisfaction of a right to a refund of contributions under the plan; or

(c)  any amount received by a taxpayer under a decree, order or judgment of a competent tribunal, or under a written agreement, relating to a partition of property between the taxpayer and the taxpayer’s spouse or former spouse in settlement of rights arising out of, or on the breakdown of, their marriage.

2000, c. 5, s. 206.

905. (Repealed).

1975, c. 21, s. 19; 1997, c. 14, s. 151; 2000, c. 5, s. 207.

CHAPTER V ADMINISTRATION

2000, c. 5, s. 208.

905.0.1. Where a registered education savings plan is amended, the promoter of the plan shall file the text of the amendment with the Minister not later than 60 days after the day on which the plan is amended.

2000, c. 5, s. 208.

905.0.2. The Government may make regulations requiring promoters of education savings plans to file information returns in relation to the plans.

2000, c. 5, s. 208.

TITLE III.1 REGISTERED DISABILITY SAVINGS PLAN

2009, c. 15, s. 168.

CHAPTER I INTERPRETATION AND REGISTRATION

2009, c. 15, s. 168.

905.0.3. In this Title,

“assistance holdback amount”, in relation to a disability savings plan, has the meaning assigned by the Canada Disability Savings Regulations (SOR/2008-186) made under the Canada Disability Savings Act (S.C. 2007, c. 35);

“business number” means the business number assigned under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45) or the business number within the meaning of subsection 1 of section 248 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

“disability assistance payment”, in relation to a disability savings plan of a beneficiary, means any payment made from the plan to the beneficiary under the plan or to the beneficiary’s succession;

“disability savings plan” of a beneficiary means an arrangement

(a)  between an issuer and one or more of the following:

i.  the beneficiary,

ii.  a person who, at the time the arrangement is entered into, is a qualifying person in relation to the beneficiary, and

iii.  the father or mother of the beneficiary who, at the time the arrangement is entered into, is not a qualifying person in relation to the beneficiary but is a holder of another arrangement that is a registered disability savings plan of the beneficiary;

(b)  under which one or more contributions are to be made in trust to the issuer to be invested, used or otherwise applied by the issuer for the purpose of making payments from the arrangement to the beneficiary; and

(c)  that is entered into in a taxation year in respect of which the beneficiary is an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions;

“holder” of a disability savings plan at any time means

(a)  a person who has, at that time, rights as a person with which the issuer entered into the plan;

(b)  a person who has, at that time, rights as a successor or assignee of a person described in paragraph a or in this paragraph; or

(c)  the beneficiary under the plan if, at that time, the beneficiary is not a person described in paragraph a or b and has rights under the plan to make decisions, either alone or with other holders of the plan, concerning the plan, unless the only such right is a right to direct that disability assistance payments be made as provided for in subparagraph iii of subparagraph n of the first paragraph of section 905.0.6;

“individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions”, in respect of a taxation year, means an individual in respect of whom subparagraphs a to c of the first paragraph of section 752.0.14 apply for the year;

“issuer”, in relation to a disability savings plan, means a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer in Canada its services as trustee, and with which the Minister responsible for the administration of the Canada Disability Savings Act has entered into an agreement that applies to the plan for the purposes of that Act;

“lifetime disability assistance payments” under a disability savings plan of a beneficiary means disability assistance payments that are identified under the terms of the plan as lifetime disability assistance payments and that, after they begin to be paid, are payable at least annually until the earlier of the day on which the beneficiary dies and the day on which the plan ceases to exist;

“plan trust”, in relation to a disability savings plan, means the trust governed by the plan;

“qualifying person”, in relation to a beneficiary of a disability savings plan, at any time, means

(a)  if the beneficiary has not, at or before that time, reached 18 years of age, a person who is, at that time,

i.  the father or mother of the beneficiary,

ii.  a tutor, curator or other individual who is legally authorized to act on behalf of the beneficiary, or

iii.  a public department, agency or institution that is legally authorized to act on behalf of the beneficiary; and

(b)  if the beneficiary has, at or before that time, reached 18 years of age and is not, at that time, contractually competent to enter into a disability savings plan, a person who is, at that time, described in subparagraph ii or iii of paragraph a;

“registered disability savings plan” means a disability savings plan that satisfies the conditions set out in section 905.0.5, but does not include a disability savings plan in respect of which any of sections 905.0.7, 905.0.8 and 905.0.20 applies;

“specified year” for a disability savings plan of a beneficiary means the particular calendar year in which a physician licensed to practice under the laws of a province, or of the jurisdiction where the beneficiary resides, certifies in writing that the beneficiary’s state of health is such that, in the professional opinion of the physician, the beneficiary is not likely to survive more than five years, and each of the five calendar years following the particular calendar year, but does not include a calendar year prior to the calendar year in which the certification is provided to the issuer of the plan.

2009, c. 15, s. 168.

905.0.4. For the purposes of this Title, a contribution to a disability savings plan does not include, other than for the purposes of paragraph b of the definition of “disability savings plan” in section 905.0.3, an amount paid into the plan under the Canada Disability Savings Act (S.C. 2007, c. 35) or a prescribed payment.

2009, c. 15, s. 168.

905.0.5. The conditions that must be satisfied for a disability savings plan of a beneficiary to be a registered disability savings plan are as follows:

(a)  before the plan is entered into and following a written application to the Minister, the issuer of the plan has received written notification from the Minister that, in the Minister’s opinion, a plan whose terms are identical to the plan would, if entered into by a person eligible to enter into a disability savings plan, comply with the conditions set out in section 905.0.6;

(b)  at or before the time the plan is entered into, the issuer of the plan has been provided with the Social Insurance Number of the beneficiary under the plan and the Social Insurance Number or business number, as the case may be, of each person with which the issuer has entered into the plan; and

(c)  at the time the plan is entered into, the beneficiary under the plan is resident in Canada, except that this condition does not apply if, at that time, the beneficiary is the beneficiary under another registered disability savings plan.

Unless the Minister decides otherwise, an issuer is considered to have satisfied the condition set out in subparagraph a of the first paragraph in respect of the plan if the issuer has received, in relation to the plan, a notification from the Minister of National Revenue in accordance with paragraph a of subsection 2 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 15, s. 168.

905.0.6. The conditions to which subparagraph a of the first paragraph of section 905.0.5 refers are as follows:

(a)  the plan stipulates

i.  that it is to be operated exclusively for the benefit of the beneficiary under the plan,

ii.  that the designation of the beneficiary under the plan is irrevocable, and

iii.  that no right of the beneficiary to receive payments from the plan is capable, either in whole or in part, of surrender or assignment;

(b)  the plan allows a person to acquire rights as a successor or assignee of a holder of the plan only if the person is

i.  the beneficiary under the plan,

ii.  the beneficiary’s succession,

iii.  a holder of the plan at the time the rights are acquired,

iv.  a qualifying person in relation to the beneficiary under the plan at the time the rights are acquired, or

v.  an individual who is the father or mother of the beneficiary under the plan and was previously a holder of the plan;

(c)  the plan provides that, if a person, other than the father or mother of the beneficiary under the plan, who is a holder of the plan ceases to be a qualifying person in relation to the beneficiary under the plan at any time, the person ceases at that time to be a holder of the plan;

(d)  the plan provides for there to be at least one holder of the plan at all times that the plan is in existence and may provide for the beneficiary under the plan or the beneficiary’s succession to automatically acquire rights as a successor or assignee of a holder in order to ensure compliance with this requirement;

(e)  the plan provides that, if a person becomes a holder of the plan after the plan is entered into, the person is prohibited, except to the extent otherwise permitted by the Minister or the Minister responsible for the administration of the Canada Disability Savings Act (S.C. 2007, c. 35), from exercising the person’s rights as a holder of the plan until the issuer has been advised of the person having become a holder of the plan and been provided with the person’s Social Insurance Number or business number;

(f)  the plan prohibits contributions from being made to the plan at any time if

i.  the beneficiary is not an individual eligible for the tax credit for severe and prolonged impairment in mental or physical functions for the taxation year that includes that time, or

ii.  the beneficiary died before that time;

(g)  the plan prohibits a contribution from being made to the plan, other than as a transfer in accordance with section 905.0.16, at any time if

i.  the beneficiary reached 59 years of age before the calendar year that includes that time,

ii.  the beneficiary is not resident in Canada at that time, or

iii.  the total of the contribution and all other contributions made, other than as a transfer in accordance with section 905.0.16, at or before that time to the plan or to any other registered disability savings plan of the beneficiary would exceed $200,000;

(h)  the plan prohibits contributions to the plan by any person who is not a holder of the plan, except with the written consent of a holder of the plan;

(i)  the plan provides that no payments may be made from the plan other than

i.  disability assistance payments,

ii.  a transfer in accordance with section 905.0.16, and

iii.  repayments under the Canada Disability Savings Act;

(j)  the plan prohibits a disability assistance payment from being made if it would result in the fair market value of the property held by the plan trust immediately after the payment being less than the assistance holdback amount in relation to the plan;

(k)  the plan provides for lifetime disability assistance payments to begin to be paid no later than the end of the calendar year in which the beneficiary under the plan reaches 60 years of age or, if the plan is entered into in or after the calendar year, in the calendar year following the calendar year in which the plan is entered into;

(l)  the plan provides that the total amount of lifetime disability assistance payments made in a calendar year, other than a specified year for the plan, must not exceed the amount determined by the formula

[A/(B + 3 - C)] + D;

(m)  the plan stipulates whether or not disability assistance payments that are not lifetime disability assistance payments are to be permitted under the plan;

(n)  the plan provides that when the total of all amounts paid under the Canada Disability Savings Act before the beginning of a calendar year to any registered disability savings plan of the beneficiary exceeds the total of all contributions made, other than as a transfer in accordance with section 905.0.16, before the beginning of the calendar year to any registered disability savings plan of the beneficiary,

i.  if the calendar year is not a specified year for the plan, the total amount of disability assistance payments made to the beneficiary under the plan in the year must not exceed the amount determined by the formula in subparagraph l in respect of the plan for the year, except that, in calculating that total amount, a payment made following a transfer in the year from another plan in accordance with section 905.0.16 is to be disregarded if it is made

(1)  to satisfy an undertaking described in paragraph d of section 905.0.16, or

(2)  in lieu of a payment that could otherwise have been made under the other plan in the year had the transfer not occurred,

ii.  if the beneficiary under the plan reached 59 years of age before the calendar year, the total amount of disability assistance payments made to the beneficiary in the calendar year must not be less than the amount determined by the formula in subparagraph l in respect of the plan for the year or such lesser amount as is supported by the property of the plan trust, and

iii.  if the beneficiary under the plan reached 27 years of age, but not 59 years of age, before the calendar year, the beneficiary has the right to direct that, within the constraints imposed by subparagraph i and by subparagraph j, one or more disability assistance payments be made under the plan to the beneficiary in the year;

(o)  the plan provides that, at the direction of the holders of the plan, the issuer shall transfer all of the property held by the plan trust or an amount equal to its value to another registered disability savings plan of the beneficiary, together with all information in its possession that may reasonably be considered necessary for compliance, in respect of the other plan, with the requirements of this Part and with any conditions and obligations imposed under the Canada Disability Savings Act; and

(p)  the plan provides for any amounts remaining in the plan, after taking into consideration any repayments under the Canada Disability Savings Act, to be paid to the beneficiary under the plan or the beneficiary’s succession, and for the plan to cease to exist, at or before the end of the calendar year following the calendar year in which the beneficiary under the plan dies or, if it is earlier, the first calendar year throughout which the beneficiary has no severe and prolonged impairment in mental or physical functions the effects of which are described in subparagraph a of the first paragraph of section 752.0.14.

In the formula in subparagraph l of the first paragraph,

(a)  A is the fair market value of the property held by the plan trust at the beginning of the calendar year, other than annuity contracts that, at the beginning of the calendar year, are not described in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(b)  B is the greater of 80 and the age in whole years of the beneficiary at the beginning of the calendar year;

(c)  C is the age in whole years of the beneficiary at the beginning of the calendar year; and

(d)  D is the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the plan trust at the beginning of the calendar year, other than an annuity contract described at the beginning of the calendar year in paragraph b of the definition of “qualified investment” in subsection 1 of section 205 of the Income Tax Act, that is paid to the plan trust in the calendar year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the plan trust because the plan trust disposed of the right to that payment in the calendar year, an amount that is a reasonable estimate of that payment on the assumption that the annuity contract had been held throughout the calendar year by the plan trust and no rights under the contract were disposed of in the calendar year.

2009, c. 15, s. 168.

905.0.7. A disability savings plan is deemed never to have been a registered disability savings plan if

(a)  the issuer of the plan has not, on or before the day that is 60 days after the particular day on which the plan was entered into, provided notification of the plan’s existence in the prescribed form containing prescribed information to the Minister; or

(b)  the beneficiary was, on the particular day, the beneficiary under another registered disability savings plan and that other plan has not ceased to exist on or before the day that is 120 days after the particular day or any later day that the Minister considers reasonable in the circumstances.

Unless the Minister decides otherwise, an issuer of a disability savings plan is considered to have notified the Minister in the manner and within the time specified in subparagraph a of the first paragraph, in relation to the plan, if the issuer has notified, in relation to the plan, the Minister responsible for the administration of the Canada Disability Savings Act (S.C. 2007, c. 35) in accordance with paragraph a of subsection 3 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 15, s. 168.

905.0.8. For the purposes of this Title, a disability savings plan that is deemed never to have been a registered disability savings plan because of paragraph a or b of subsection 3 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) is deemed never to have been a registered disability savings plan.

2009, c. 15, s. 168.

CHAPTER II TAX

2009, c. 15, s. 168.

905.0.9. No tax is payable under this Part by a trust on its taxable income for a taxation year if, throughout the period of the year in which the trust is in existence, the trust is governed by a registered disability savings plan.

2009, c. 15, s. 168.

905.0.10. Despite section 905.0.9, a trust governed by a registered disability savings plan shall pay tax under this Part on its taxable income for a taxation year if the trust

(a)  has borrowed money in the year; or

(b)  has borrowed money in a preceding taxation year and has not repaid it before the beginning of the year.

2009, c. 15, s. 168.

905.0.11. If section 905.0.10 does not apply, a trust governed by a registered disability savings plan that carries on a business in a taxation year shall, despite section 905.0.9, pay tax under this Part on the amount that its taxable income for the year would be if it had no incomes or losses from sources other than that business.

2009, c. 15, s. 168.

905.0.12. If section 905.0.10 does not apply and a trust governed by a registered disability savings plan holds, in a taxation year, a property that is not a qualified investment (within the meaning assigned to that expression for the purposes of paragraph b of subsection 5 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the trust, the trust shall, despite section 905.0.9, pay tax under this Part on the amount that its taxable income for the year would be if it had no incomes or losses from sources other than the property and no capital gains or capital losses other than from the disposition of the property.

2009, c. 15, s. 168.

905.0.13. For the purposes of sections 905.0.11 and 905.0.12, the following rules apply:

(a)  a trust’s income includes the dividends described in sections 501 to 503; and

(b)  the first paragraph of section 231 must be construed as if the taxable capital gain or allowable capital loss were the total capital gain or the total capital loss, as the case may be, from the disposition of property.

2009, c. 15, s. 168.

CHAPTER III AMOUNT TO BE INCLUDED

2009, c. 15, s. 168.

905.0.14. If a disability assistance payment is made under a registered disability savings plan of a beneficiary, the amount by which the amount of the payment exceeds the non-taxable portion of the payment must be included,

(a)  if the beneficiary is alive at the time the payment is made, in computing the beneficiary’s taxable income for the taxation year in which the payment is made; and

(b)  if the beneficiary is deceased at the time the payment is made, in computing the taxable income of the beneficiary’s succession for the succession’s taxation year in which the payment is made.

2009, c. 15, s. 168.

905.0.15. The non-taxable portion of a disability assistance payment made at a particular time under a registered disability savings plan of a beneficiary is the lesser of the amount of the disability assistance payment and the amount determined by the formula

A × B/C.

In the formula in the first paragraph,

(a)  A is the amount of the disability assistance payment;

(b)  B is the amount by which the aggregate of all amounts each of which is the amount of a contribution made before the particular time to any registered disability savings plan of the beneficiary, other than as a transfer in accordance with section 905.0.16, exceeds the aggregate of all amounts each of which is the non-taxable portion of a disability assistance payment made before the particular time under any registered disability savings plan of the beneficiary; and

(c)  C is the amount by which the fair market value of the property held by the plan trust immediately before the disability assistance payment exceeds the assistance holdback amount in relation to the plan.

2009, c. 15, s. 168.

905.0.16. An amount is transferred from a registered disability savings plan (in this section referred to as the “prior plan”) of a beneficiary in accordance with this section if

(a)  the amount is transferred directly to another registered disability savings plan (in this section referred to as the “new plan”) of the beneficiary;

(b)  the prior plan ceases to exist immediately after the transfer;

(c)  the issuer of the prior plan provides the issuer of the new plan with all the information in its possession concerning the prior plan as may reasonably be considered necessary for compliance, in respect of the new plan, with the requirements of this Part and the issuer of the new plan confirms that it has in its possession all the information provided by the issuer of the prior plan that is necessary for the purposes of paragraph c of subsection 8 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)); and

(d)  if the beneficiary reached 59 years of age before the calendar year in which the transfer occurs, the issuer of the new plan undertakes to make—in addition to any other disability assistance payments that would otherwise have been made under the new plan in the year—one or more disability assistance payments under the plan in the year, the total of which is equal to the amount by which the total amount of disability assistance payments that would have been required to be made under the prior plan in the year if the transfer had not occurred exceeds the total amount of disability assistance payments made under the prior plan in the year.

2009, c. 15, s. 168.

905.0.17. An amount transferred in accordance with section 905.0.16 is not, solely because of that transfer, to be included in computing the income of a taxpayer.

2009, c. 15, s. 168.

CHAPTER IV NON-COMPLIANT PLAN

2009, c. 15, s. 168.

905.0.18. A registered disability savings plan is non-compliant, at any time, if at that time

(a)  it fails to comply with a condition set out in section 905.0.6;

(b)  there is a failure to administer the plan in accordance with its terms, other than those terms which the plan is required by subparagraph i of subparagraph a of the first paragraph of section 905.0.6 to stipulate; and

(c)  a person fails to comply with conditions or obligations imposed, with respect to the plan, under the Canada Disability Savings Act (S.C. 2007, c. 35), and the Minister responsible for that Act is of the opinion that it is appropriate that the plan be considered to be non-compliant because of the failure in accordance with paragraph c of subsection 11 of section 146.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 15, s. 168.

905.0.19. If, but for this section, a registered disability savings plan would be non-compliant at a particular time because of a failure described in paragraph a or b of section 905.0.18,

(a)  the Minister may waive the application of either paragraph with respect to the failure, if it is just and equitable to do so;

(b)  the Minister may deem the failure to have occurred at a later time;

(c)  if the failure consists of the making of a contribution that is prohibited under any of subparagraphs f to h of the first paragraph of section 905.0.6, an amount equal to the amount of the contribution has been withdrawn from the plan within such period as is specified by the Minister and the Minister has approved the application of this paragraph with respect to the failure, the following rules apply:

i.  the contribution is deemed never to have been made, and

ii.  the withdrawal is deemed not to be a disability assistance payment and not to be in contravention of the condition set out in subparagraph i of the first paragraph of section 905.0.6; or

(d)  if the failure consists of the plan not being terminated within the period specified in subparagraph p of the first paragraph of section 905.0.6 and was due either to the issuer not being aware of the circumstances under which the plan ceases to exist or to some uncertainty as to the existence of those circumstances, the Minister may specify a later date on or before which it is reasonable to consider that the plan ceases to exist in an orderly manner and, for the purposes of paragraphs a and b of section 905.0.18, subparagraph p of the first paragraph of section 905.0.6 and the plan terms are to be read as though they required the plan to cease to exist at the date so specified.

2009, c. 15, s. 168.

905.0.20. If, at a particular time, a registered disability savings plan is non-compliant under section 905.0.18, the following rules apply:

(a)  the plan ceases, at that particular time, to be a registered disability savings plan, other than for the purpose of applying, at that particular time, section 905.0.18 and this section;

(b)  a disability assistance payment is deemed to have been made under the plan at the time (in this section referred to as the “relevant time”) immediately before the particular time to the beneficiary under the plan or, if the beneficiary is deceased at the relevant time, to the beneficiary’s succession, the amount of which payment is equal to the amount by which the fair market value of the property held by the plan trust at the relevant time exceeds the assistance holdback amount in relation to the plan; and

(c)  if the plan is non-compliant because of a payment that is not in accordance with subparagraph j of the first paragraph of section 905.0.6, a disability assistance payment the amount of which is equal to the amount determined in the second paragraph and the non-taxable portion of which is deemed to be nil, is deemed to have been made under the plan at the relevant time—in addition to the payment deemed by subparagraph b to have been made—to the beneficiary under the plan or, if the beneficiary is deceased at the relevant time, to the beneficiary’s succession.

The amount to which subparagraph c of the first paragraph refers is equal to the amount by which the lesser of the assistance holdback amount in relation to the plan and the fair market value of the property held by the plan trust at the relevant time exceeds the fair market value of the property held by the plan trust immediately after the particular time.

2009, c. 15, s. 168.

905.0.21. The issuer of a registered disability savings plan shall,

(a)  if a person becomes a holder of the plan after the plan is entered into, so notify the Minister in the prescribed form containing prescribed information on or before the day that is 60 days after the day on which the issuer is notified that the person has become a holder of the plan or, if it is later, the day on which the issuer is provided with the new holder’s Social Insurance Number or business number;

(b)  not amend the plan before having received a written notice from the Minister that, in the Minister’s opinion, a plan whose terms are identical to the amended plan would, if entered into by a person eligible to enter into a disability savings plan, comply with the conditions set out in the first paragraph of section 905.0.6;

(c)  notify the Minister in writing on or before the day that is 30 days after the day on which the issuer becomes aware that the plan is, or is likely to become, non-compliant, as determined without reference to paragraph c of section 905.0.18 and section 905.0.19; and

(d)  exercise the care, prudence, diligence and skill of a reasonable person to minimize the possibility that a holder of the plan may become liable to pay tax under Part XI of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

Unless the Minister decides otherwise, an issuer is considered to have satisfied the obligation imposed under subparagraph b of the first paragraph in respect of the amended plan if the issuer has received, in relation to the plan, a notice from the Minister of National Revenue in accordance with paragraph a of subsection 2 of section 146.4 of the Income Tax Act.

2009, c. 15, s. 168.

TITLE IV REGISTERED RETIREMENT SAVINGS PLANS

1972, c. 23.

CHAPTER I INTERPRETATION AND REGISTRATION

1972, c. 23; 1980, c. 13, s. 75.

905.1. In this Title,

(a)  “benefit” includes any amount received out of or under a retirement savings plan, whether in accordance with the terms of the plan, resulting from an amendment to or modification of the plan or resulting from the termination of the plan, other than

i.  the portion thereof received by a person other than the annuitant that can reasonably be regarded as part of the amount included in computing the income of the annuitant by virtue of section 915.2,

ii.  an amount received by the person with whom the annuitant entered into a contract or arrangement contemplated in the definition of “retirement savings plan” in subsection 1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) as a premium under the plan,

iii.  an amount, or part thereof, received in respect of the income of the trust governed by the plan, for a taxation year contemplated in section 921.1, and

iv.  a tax-paid amount described in subparagraph ii of paragraph c.1 that relates to interest or to another amount included in computing income otherwise than because of any of the provisions of this Title;

(b)  “annuitant” means, until such time after the date provided for the first payment of benefits as his spouse becomes entitled, as a consequence of his death, to receive benefits to be paid out of or under the plan, the individual referred to in the definition of “retirement savings plan” in subsection 1 of section 146 of the Income Tax Act for whom, under a retirement savings plan, a retirement income is to be provided, and, after the individual’s death, his spouse;

(c)  “issuer” means the person referred to in the definition of “retirement savings plan” in subsection 1 of section 146 of the Income Tax Act with whom an annuitant has a contract or arrangement that is a retirement savings plan;

(c.1)  “tax-paid amount”, in respect of a registered retirement savings plan, means

i.  an amount paid to a person in respect of the amount that would, if this Part were read without reference to paragraph a of section 657 and section 657.1, be income of a trust governed by the plan for a taxation year for which the trust is subject to tax under this Part because of section 921.1, or

ii.  where the plan is a deposit with a depositary referred to in clause B of subparagraph iii of paragraph b of the definition of “retirement savings plan” in subsection 1 of section 146 of the Income Tax Act, and an amount is received at any time out of or under the plan by a person, the portion of the amount that may reasonably be considered to relate to interest or another amount in respect of the deposit that is required to be included in computing the income of any person, other than the annuitant, otherwise than because of any of the provisions of this Title;

(d)  (paragraph repealed);

(e)  “premium” has the meaning assigned by subsection 1 of section 146 of the Income Tax Act;

(f)  “spousal plan”, in relation to an individual, means

i.  a registered retirement savings plan

(1)  to which the individual has paid a premium at a time when his spouse was the annuitant under the plan, or

(2)  that has received a payment out of or a transfer from a registered retirement savings plan or a registered retirement income fund that was a spousal plan in relation to the individual, or

ii.  a registered retirement income fund that has received a payment out of or a transfer from a spousal plan in relation to the individual;

(g)  “retirement income” has the meaning assigned by subsection 1 of section 146 of the Income Tax Act.

1980, c. 13, s. 76; 1984, c. 15, s. 195; 1986, c. 15, s. 130; 1988, c. 18, s. 71; 1991, c. 25, s. 113; 1995, c. 49, s. 197; 2000, c. 5, s. 209; 2001, c. 53, s. 187; 2005, c. 1, s. 198.

905.2. Paragraph d of section 905.1, as limited in its application by subsection 2 of section 71 of the Act to again amend the Taxation Act and other fiscal legislation (1988, chapter 18), applies from 1 January 1989 only for the purposes of sections 923.1 to 923.2.1.

1991, c. 25, s. 114.

905.3. (Repealed).

1991, c. 25, s. 114; 1994, c. 22, s. 286.

906. (Repealed).

1972, c. 23, s. 669; 1991, c. 25, s. 115.

907. (Repealed).

1972, c. 23, s. 670; 1972, c. 26, s. 64; 1975, c. 21, s. 20; 1979, c. 18, s. 60; 1982, c. 5, s. 154; 1988, c. 18, s. 72; 1991, c. 25, s. 115.

908. In this Title, a refund of premiums means any amount paid out of or under a registered retirement savings plan by reason of the death of the annuitant under the plan, other than a tax-paid amount in respect of the plan, to

(a)  the individual who, immediately before the death of the annuitant, was the spouse of the annuitant, where the annuitant died before the date provided for the first payment of benefits; or

(b)  the child or grandchild of the annuitant who was, immediately before the death of the annuitant, financially dependent on the annuitant for support.

For the purposes of subparagraph b of the first paragraph, a child or grandchild of the annuitant is deemed not to be financially dependent on the annuitant at the time of the death of the annuitant if the child’s or grandchild’s income, for the taxation year preceding the taxation year in which the annuitant died, was greater than the amount determined under the formula provided for in subsection 1.1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for that preceding year.

1972, c. 23, s. 671; 1977, c. 26, s. 95; 1979, c. 18, s. 61; 1980, c. 13, s. 77; 1984, c. 15, s. 196; 1986, c. 15, s. 131; 1988, c. 18, s. 73; 1989, c. 5, s. 158; 1991, c. 25, s. 116; 1993, c. 64, s. 96; 1995, c. 49, s. 198; 2000, c. 5, s. 210; 2001, c. 53, s. 188; 2004, c. 8, s. 171; 2005, c. 1, s. 199.

909. (Repealed).

1972, c. 23, s. 672; 1979, c. 18, s. 62; 1980, c. 13, s. 78; 1988, c. 18, s. 74; 1991, c. 25, s. 117.

910. (Repealed).

1972, c. 23, s. 673; 1977, c. 26, s. 96; 1979, c. 18, s. 63; 1980, c. 13, s. 79; 1984, c. 15, s. 197; 1988, c. 18, s. 75; 1991, c. 25, s. 117.

910.1. (Repealed).

1982, c. 5, s. 155; 1991, c. 25, s. 117.

911. (Repealed).

1972, c. 23, s. 674; 1972, c. 26, s. 65; 1979, c. 18, s. 64; 1980, c. 13, s. 80; 1984, c. 15, s. 198; 1987, c. 67, s. 167; 1988, c. 18, s. 76; 1991, c. 25, s. 117.

912. (Repealed).

1972, c. 23, s. 675; 1991, c. 25, s. 117.

913. Where a registered retirement savings plan is revised or amended at any time to provide for the payment or transfer, before the date provided for the first payment of benefits, of any property under the plan by the issuer on behalf of the annuitant under the plan, in this section referred to as the “transferor”, to a registered pension plan for the benefit of the transferor or to a registered retirement savings plan or a registered retirement income fund under which the transferor is the annuitant, or to a registered retirement savings plan or a registered retirement income fund under which the spouse or former spouse of the transferor is the annuitant, where the transferor and his spouse or former spouse are living separate and apart and the payment or transfer is made under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a partition of property between the transferor and his spouse or former spouse in settlement of rights arising out of, or on the breakdown of, their marriage, the amount paid or transferred on behalf of the transferor shall not, by reason only of such payment or transfer, be included in computing the income of the transferor or his spouse or former spouse and no deduction may be made in computing the income of any individual under Chapter III of Title II of Book III in respect of the amount so paid or transferred.

1972, c. 23, s. 676; 1972, c. 26, s. 66; 1977, c. 26, s. 97; 1979, c. 18, s. 65; 1980, c. 13, s. 81; 1984, c. 15, s. 199; 1988, c. 18, s. 77; 1991, c. 25, s. 118; 1994, c. 22, s. 287; 1995, c. 49, s. 236; 1997, c. 14, s. 290.

914. Where a registered retirement savings plan is revised, amended or, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), deemed to have been amended under subsection 13.2 of section 146 of that Act, or where another plan is substituted therefor and the resultant plan is deemed, under subsection 12 of that section 146, not to be a registered retirement savings plan for the purposes of that Act, the following rules apply:

(a)  the new plan is deemed, for the purposes of this Part, not to be a registered retirement savings plan, and

(b)  the individual who was the annuitant under the plan before such operation shall, in computing his income for the taxation year in which the operation took place, include as income received at the time of that operation, an amount equal to the fair market value of all the property of the plan immediately before that time.

1972, c. 23, s. 677; 1977, c. 26, s. 98; 1978, c. 26, s. 168; 1988, c. 18, s. 78; 1991, c. 25, s. 118; 1998, c. 16, s. 212.

914.1. (Repealed).

1984, c. 15, s. 200; 1991, c. 25, s. 119.

915. For the purposes of section 914, an arrangement under which the payment of an amount is made on the security of a right under the plan or which provides for the release or extinction, in whole or in part, of a right or obligation under a registered retirement savings plan, either in exchange or substitution for any right or obligation, or otherwise, except an arrangement the sole object and effect of which is to revise or amend the plan is deemed to be another plan substituted for a registered retirement savings plan.

1972, c. 23, s. 678.

915.1. (Repealed).

1979, c. 18, s. 66; 1980, c. 13, s. 82; 1988, c. 18, s. 79.

915.2. Where the annuitant under a registered retirement savings plan dies after 29 June 1978 and the date provided by the plan for the first payment of benefits is after 29 June 1978, the annuitant is deemed to have received, immediately before death, as a benefit out of or under a registered retirement savings plan, an amount equal to the amount by which the fair market value of all the property of the plan at the time of death exceeds, where the annuitant died after the date provided by the plan for the first payment of benefits, the fair market value at the time of the death of the portion of the property that, as a consequence of the death, becomes receivable by a person who was the annuitant’s spouse immediately before the death, or would become so receivable should that person survive throughout the entire period for which a guaranteed term annuity is provided for under the plan.

However, the annuitant contemplated in the first paragraph may deduct from the amount he is deemed to have received under that paragraph an amount not exceeding the amount determined by the formula

A × {1 − [(B + C − D) / (B + C)]}.

For the purposes of the formula in the second paragraph,

(a)  A is the aggregate of

i.  all refunds of premiums in respect of the plan,

ii.  all tax-paid amounts in respect of the plan paid to individuals who, otherwise than because of section 930, received refunds of premiums in respect of the plan, and

iii.  all amounts each of which is a tax-paid amount in respect of the plan paid to the legal representative of the annuitant under the plan, to the extent that the legal representative would have been entitled to designate that tax-paid amount under section 930 if tax-paid amounts were not excluded in determining refunds of premiums;

(b)  B is the fair market value of the property of the plan at the particular time that is the later of the end of the first calendar year that begins after the death of the annuitant and the time immediately after the last time that any refund of premiums in respect of the plan is paid out of or under the plan;

(c)  C is the aggregate of all amounts paid out of or under the plan after the death of the annuitant and before the particular time; and

(d)  D is the lesser of the fair market value of the property of the plan at the time of the annuitant’s death and the aggregate of all amounts determined in respect of the plan under paragraphs b and c.

1979, c. 18, s. 66; 1980, c. 13, s. 83; 1995, c. 49, s. 199; 2000, c. 5, s. 211.

915.3. (Repealed).

1979, c. 18, s. 66; 1988, c. 18, s. 79.

915.4. Where an annuitant under a registered retirement savings plan dies after the date provided for the first payment of benefits and where his legal representative, as a consequence of the death, becomes entitled to receive an amount out of or under the plan for the benefit of the spouse of the annuitant, the spouse is deemed to have become the annuitant under the plan as a consequence of the annuitant’s death, and such amount is deemed to be receivable by the spouse and, when paid, to be received by the spouse as a benefit under the plan and not to be received by any other person.

This section applies only if the legal representative and the spouse of the annuitant file with the Minister an election to that effect in prescribed form.

1980, c. 13, s. 84; 2001, c. 53, s. 189.

916. (Repealed).

1972, c. 23, s. 679; 1991, c. 25, s. 120.

917. Notwithstanding any other provision of this Title, an amount received in a taxation year as a benefit under a registered retirement savings plan which was not, at the end of the year in which the plan started, a registered retirement savings plan, is deemed to have been received in the year otherwise than as a benefit or other payment under a registered retirement savings plan, except for any prescribed part.

1972, c. 23, s. 680; 1982, c. 5, s. 156; 1991, c. 25, s. 121.

917.1. Where, at any particular time, an amount is credited or added to a deposit with a depositary referred to in subparagraph iii of paragraph b of the definition of “retirement savings plan” in subsection 1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) as interest or other income in respect of the deposit and the deposit is, at that time, a registered retirement savings plan the annuitant under which was alive during the calendar year in which the amount is credited or added or during the preceding calendar year, the amount is deemed not to be received by the annuitant or any other person solely because of the crediting or adding.

1991, c. 25, s. 122; 1995, c. 49, s. 200.

918. (Repealed).

1977, c. 26, s. 99; 1988, c. 18, s. 80; 1991, c. 25, s. 123.

CHAPTER II TAX

1972, c. 23.

919. No tax is payable by a trust under this Part for a taxation year if throughout the period of the year during which it is in existence it is governed by a registered retirement savings plan.

1972, c. 23, s. 681; 1975, c. 22, s. 224.

920. (1)  Notwithstanding section 919, a trust contemplated therein must pay tax under this Part on its taxable income for a taxation year if it borrows money in the year or has, since 18 June 1971, borrowed money which it has not repaid before the beginning of the year.

(2)  The rule provided for in subsection 1 does not apply in the case of borrowed money used in carrying on a business.

1972, c. 23, s. 682; 1995, c. 49, s. 201.

921. Where section 920 does not apply, a trust governed by a registered retirement savings plan that carries on a business in a taxation year must, notwithstanding section 919, pay tax under this Part on the amount by which the amount that its taxable income for the year would be if it had no incomes or losses from sources other than that business, exceeds such portion of the taxable income as can reasonably be considered to be income from, or from the disposition of, qualified investments within the meaning of subsection 1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1972, c. 23, s. 683; 1995, c. 49, s 202.

921.1. Notwithstanding section 919, a trust governed by a registered retirement savings plan must pay tax under this Part on its taxable income for each taxation year after the year following the year in which the last annuitant under the plan died.

1980, c. 13, s. 85; 1995, c. 49, s. 202.

921.2. Notwithstanding section 919, where, in a taxation year, a trust governed by a registered retirement savings plan holds a property that is a non-qualified investment for the purposes of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), tax is payable under this Part by the trust on the amount that its taxable income for the year would be if it had no incomes or losses from sources other than non-qualified investments and no capital gains or capital losses other than from dispositions of non-qualified investments.

1987, c. 67, s. 168; 1991, c. 25, s. 124.

921.3. For the purposes of section 921.2,

(a)  the income of a trust includes dividends described in sections 501 to 503;

(b)  the first paragraph of section 231 shall be interpreted as if the taxable capital gain or the allowable capital loss represented the total capital gain or total capital loss, as the case may be, resulting from the disposition of a property.

1987, c. 67, s. 168; 1990, c. 59, s. 326.

CHAPTER III DEDUCTIONS

1972, c. 23.

922. An individual may deduct, in computing his income for a taxation year, the amount that, by virtue of subsection 5 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1972, c. 23, s. 684; 1974, c. 18, s. 29; 1975, c. 22, s. 225; 1976, c. 18, s. 15; 1977, c. 26, s. 100; 1982, c. 5, s. 157; 1984, c. 15, s. 201; 1988, c. 18, s. 81; 1991, c. 25, s. 125.

922.1. An individual may deduct in computing the individual’s income for a taxation year, the amount by which the amount that the individual designates for the year under subsection 3 of section 146.01 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) exceeds the amount that the individual designates for the year under section 935.3, to the extent that the excess may reasonably be considered to be paid as reimbursement of an amount that is an eligible amount as defined in subsection 1 of that section 146.01 and that was included, because of the application of section 929, in computing the individual’s income for the taxation year in which it was received by the individual.

No individual may benefit from the deduction provided for in the first paragraph unless the individual encloses, with the fiscal return the individual is required to file under section 1000 for the year, a copy of the document the individual is required to file with the Minister of Revenue of Canada under subsection 3 of section 146.01 of the Income Tax Act of Canada.

2001, c. 53, s. 190.

923. An individual may deduct, in computing his income for a taxation year, the amount that, by virtue of subsection 5.1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1975, c. 21, s. 21; 1977, c. 26, s. 101; 1991, c. 25, s. 125.

923.1. (Repealed).

1986, c. 15, s. 132; 1987, c. 67, s. 169.

923.2. (Repealed).

1986, c. 15, s. 132; 1986, c. 19, s. 170; 1987, c. 67, s. 169.

923.2.1. (Repealed).

1986, c. 19, s. 171; 1987, c. 67, s. 169.

923.3. (Repealed).

1986, c. 15, s. 132; 1987, c. 67, s. 169.

923.4. (Repealed).

1991, c. 25, s. 126; 1999, c. 83, s. 124.

923.5. An individual may deduct, in computing his income for a taxation year, the amount that, by virtue of subsection 6.1 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1991, c. 25, s. 126.

924. An individual may deduct, in computing his income for a taxation year, the amount that, by virtue of subsection 8.2 of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1977, c. 26, s. 102; 1984, c. 15, s. 202; 1988, c. 18, s. 82; 1991, c. 25, s. 127.

924.0.1. Where, at any time in a taxation year, an individual has received a payment from a registered retirement savings plan or a registered retirement income fund in respect of all or any portion of a premium paid by the individual to a registered retirement savings plan and the payment has been deducted in computing the income of the individual for the year under section 924, the premium or portion thereof, as the case may be, is deemed, for the purposes of sections 931.1 and 961.17.0.1, after that time, not to have been a premium paid by the individual to a registered retirement savings plan.

1991, c. 25, s. 128.

924.1. Where, in respect of an amount required at any time in a taxation year to be included in computing the income of the spouse of an individual, all or part of a premium is, by virtue of section 931.1, included in computing the individual’s income for the year, the following rules apply:

(a)  the premium or part thereof, as the case may be, is deemed, for the purposes of sections 931.1 and 961.17.0.1, after that time, not to have been a premium paid to a registered retirement savings plan under which the individual’s spouse is the annuitant;

(b)  an amount equal to the premium or part thereof, as the case may be, may be deducted in computing the income of the spouse for the year.

1988, c. 18, s. 82; 1991, c. 25, s. 129.

924.2. If an individual who is an annuitant under a registered retirement savings plan dies before the date provided for the first payment of benefits under the plan, there may be deducted in computing the individual’s income for the taxation year in which the individual dies an amount not exceeding the amount determined, after all amounts payable under the plan have been paid, by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the aggregate of all amounts each of which is

i.  the amount deemed by the first paragraph of section 915.2 to have been received by the individual as a benefit out of or under the plan,

ii.  an amount (other than an amount described in subparagraph iii) received, after the death of the individual, by another individual as a benefit out of or under the plan and included under section 929 in computing the other individual’s income, or

iii.  a tax-paid amount in respect of the plan; and

(b)  B is the aggregate of all amounts paid out of or under the plan after the death of the individual who is the annuitant.

2010, c. 5, s. 90.

924.3. Unless the Minister has waived in writing the application of this section with respect to all or any portion of the amount determined in section 924.2, that section does not apply in respect of an individual who is an annuitant under a registered retirement savings plan if

(a)  after the death of the individual, a trust governed by the plan held an investment that was a non-qualified investment for the purposes of section 146 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)); or

(b)  the last payment out of or under the plan was made after the end of the year following the year in which the individual died.

2010, c. 5, s. 90.

925. (Repealed).

1972, c. 23, s. 685; 1973, c. 17, s. 108; 1975, c. 21, s. 22; 1984, c. 15, s. 203; 1988, c. 18, s. 83; 1990, c. 7, s. 80; 1991, c. 25, s. 130.

926. Where, in a taxation year, a trust governed by a registered retirement savings plan disposes of property that was, at the time it was acquired or deemed acquired for the purposes of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), an investment that was a non-qualified investment for the purposes of the said section, the individual who is an annuitant under the plan may deduct, in computing his income for the year, the lesser of the amount included in computing his income under section 933 in respect of the acquisition of that property and the proceeds of disposition of the property.

1972, c. 23, s. 686; 1978, c. 26, s. 169; 1988, c. 18, s. 84; 1991, c. 25, s. 131.

927. A trust which surrenders, cancels, transfers or disposes in any other manner of its interest in a life insurance policy is deemed, for the purposes of section 926, to have disposed of each non-qualified investment that it is deemed to have acquired under section 933 by reason of payments under the policy.

For the purposes of the first paragraph, the proceeds of disposition are deemed to be equal to the amount by which the amount received by the trust by reason of such surrender, cancellation, transfer or other disposition of its interest in the life insurance policy exceeds the aggregate of the following amounts:

(a)  each amount paid by the trust under the policy or to acquire an interest in the policy and the payment of which is deemed not to be the acquisition of an investment that is a non-qualified investment, for the purposes of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and

(b)  the cash surrender value, on 21 December 1966, of the interest of the trust in the policy on that date.

1972, c. 23, s. 687; 1991, c. 25, s. 131.

928. (1)  Where, in a taxation year, a loan for which a trust governed by a registered retirement savings plan has used or permitted to be used trust property as security ceases to be extant and the fair market value of the property so used was included, under section 933, in computing the income of the individual who is the annuitant under the plan, the individual may deduct, in computing his income for the year, the amount by which the amount so included in computing his income in consequence of the trust’s using or permitting to be used the property as security for the loan exceeds the net loss sustained by the trust in consequence of its using or permitting to be used the property as security for the loan.

(2)  The loss contemplated in subsection 1 does not however include payments made by the trust as interest or a change in the fair market value of the property.

1972, c. 23, s. 688; 1991, c. 25, s. 132.

CHAPTER IV INCLUDED AMOUNTS

1972, c. 23.

929. An individual shall include in computing the individual’s income for a taxation year an amount received by the individual in the year as a benefit out of or under a registered retirement savings plan, other than an amount included under section 914 in computing the individual’s income and an excluded withdrawal, as defined in the first paragraph of section 935.1 or 935.12, in respect of the individual.

1972, c. 23, s. 689; 1975, c. 22, s. 226; 1978, c. 26, s. 170; 1988, c. 18, s. 85; 1991, c. 25, s. 133; 1994, c. 22, s. 288; 2001, c. 53, s. 191.

929.1. Notwithstanding sections 1010 to 1011, if a designated withdrawal, as defined in the first paragraph of section 935.1, or an amount referred to in paragraph a of the definition of “eligible amount” in the first paragraph of section 935.12 is received by an individual in a taxation year and, at any time after that year, it is determined that the amount is not an excluded withdrawal, as defined in the first paragraph of section 935.1 or 935.12, such assessment, reassessment or additional assessment of tax, interest and penalties shall be made by the Minister as is necessary to give effect to the determination.

1994, c. 22, s. 289; 2001, c. 53, s. 192.

930. If an amount paid out of or under a registered retirement savings plan is received by the legal representative of a deceased individual who was an annuitant under the plan and that amount would have been a refund of premiums had it been paid under the plan to an individual who is a beneficiary, within the meaning of the second paragraph of section 646, of the annuitant’s succession, that amount is, to the extent that it is so designated jointly by the legal representative and the individual in the prescribed form filed with the Minister, deemed to be received by the individual and not by the legal representative, at the time it is so received by the legal representative, as a benefit that is a refund of premiums.

1973, c. 17, s. 109; 1980, c. 13, s. 86; 1988, c. 18, s. 85; 1998, c. 16, s. 251; 2001, c. 53, s. 193; 2009, c. 15, s. 169.

931. (Repealed).

1973, c. 17, s. 109; 1980, c. 13, s. 87.

931.1. Where, at any time in a taxation year, a particular amount in respect of a registered retirement savings plan that is a spousal plan in relation to an individual is required, by reason of section 914 or 929, to be included in computing the income of the individual’s spouse before the date provided for the first payment of benefits under the plan or as a payment in full or partial commutation of a retirement income under the plan and the individual is not an individual who is living apart from his spouse at that time because of the breakdown of their marriage, the individual shall include at that time, in computing his income for the year, the lesser of the following amounts:

(a)  the aggregate of all amounts each of which is a premium paid by him in the year or in one of the two preceding taxation years to a registered retirement savings plan under which his spouse was the annuitant at the time the premium was paid, and

(b)  the particular amount.

1978, c. 26, s. 171; 1986, c. 15, s. 133; 1986, c. 19, s. 172; 1988, c. 18, s. 86; 1991, c. 25, s. 134; 1995, c. 1, s. 95.

931.2. (Repealed).

1978, c. 26, s. 171; 1988, c. 18, s. 86; 1991, c. 25, s. 135.

931.3. Where an individual has paid more than one premium described in section 931.1, such a premium or part thereof paid by him at any time is deemed to have been included in computing his income by virtue of the said section before premiums or parts thereof paid by him after that time.

1978, c. 26, s. 171; 1988, c. 18, s. 86.

931.4. (Repealed).

1978, c. 26, s. 171; 1988, c. 18, s. 87.

931.5. Section 931.1 does not apply

(a)  in respect of an individual at any time during the year in which the individual dies;

(b)  in respect of an individual where either the individual or his spouse is not resident in Canada at the time referred to in the said section;

(c)  in respect of amounts paid out of or under a new plan referred to in section 914 to which the first paragraph of the said section applied before 26 May 1976;

(d)  to any payment that is received in full or partial commutation of a registered retirement income fund or a registered retirement savings plan and in respect of which a deduction was made under paragraph f of section 339 if, where the deduction was in respect of the acquisition of an annuity, the terms thereof provide that it cannot be commuted, and it is not commuted, in whole or in part within three years after the acquisition thereof;

(e)  in respect of an amount that is deemed, under the first paragraph of section 915.2, to have been received by an annuitant under a registered retirement savings plan immediately before his death.

1978, c. 26, s. 171; 1988, c. 18, s. 88; 1991, c. 25, s. 136.

932. (1)  Where a trust governed by a registered retirement savings plan, in a taxation year, disposes of property for no consideration or for a consideration less than its fair market value at that time, the annuitant under the plan shall include in his income for the year the difference between that value and that consideration.

(2)  The rule provided in subsection 1 applies if the trust acquires a property for a consideration greater than its fair market value.

1972, c. 23, s. 690.

933. Where, at any time in a taxation year, a trust governed by a registered retirement savings plan acquires, or is deemed to acquire, an investment that is a non-qualified investment for the purposes of section 146 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), or uses or permits to be used any property of the trust as security for a loan, the individual who is the annuitant under the plan at that time shall include, in computing his income for the year, the fair market value of the investment at the time it was acquired by the trust or, as the case may be, the fair market value of the property at the time it commenced to be so used.

1972, c. 23, s. 691; 1980, c. 13, s. 88; 1988, c. 18, s. 89; 1991, c. 25, s. 137.

CHAPTER V

Repealed, 1991, c. 25, s. 138.

1991, c. 25, s. 138.

934. (Repealed).

1972, c. 23, s. 692; 1972, c. 26, s. 67; 1975, c. 22, s. 227; 1982, c. 5, s. 158; 1991, c. 25, s. 138.

935. (Repealed).

1972, c. 23, s. 693; 1988, c. 18, s. 90; 1991, c. 25, s. 138.

TITLE IV.1 HOME BUYERS’ PLAN

1994, c. 22, s. 290.

CHAPTER I INTERPRETATION AND GENERALITIES

1994, c. 22, s. 290.

935.1. In this Title,

“annuitant” has the meaning assigned by paragraph b of section 905.1;

“benefit” has the meaning assigned by paragraph a of section 905.1;

“completion date”, in respect of an amount received by an individual, means

(a)  where the amount was received before 2 March 1993, 1 October 1993;

(b)  where the amount was received after 1 March 1993 and before 2 March 1994, 1 October 1994; and

(c)  in any other case, 1 October of the calendar year following the calendar year in which the amount was received;

“designated withdrawal” of an individual is an amount received by the individual, as a benefit out of or under a registered retirement savings plan, pursuant to the individual’s written request in the prescribed form referred to in paragraph a of the definition of “eligible amount” as that definition read in its application to amounts received before 1 January 1999, paragraph a of the definition of “regular eligible amount” or paragraph a of the definition of “supplemental eligible amount” ;

“eligible amount” of an individual means a regular eligible amount or supplemental eligible amount of the individual;

“excluded premium” in respect of an individual means a premium under a registered retirement savings plan where the premium

(a)  was designated by the individual for the purposes of paragraph j, j.1, j.2 or l of section 60 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(b)  was an amount transferred directly from a registered retirement savings plan, registered pension plan, registered retirement income fund, deferred profit sharing plan or a provincial pension plan prescribed for the purposes of paragraph v of section 60 of the Income Tax Act;

(c)  was deductible under section 923.5 in computing the individual’s income for any taxation year; or

(d)  was deducted in computing the individual’s income for the taxation year 1991;

“excluded withdrawal” of an individual means

(a)  an eligible amount received by the individual;

(b)  a particular amount, other than an eligible amount, received while the individual was resident in Canada and in a calendar year if

i.  the particular amount would be an eligible amount of the individual if the definition of “regular eligible amount” were read without reference to paragraphs c and g thereof and the definition of “supplemental eligible amount” were read without reference to paragraphs d and f thereof,

ii.  a payment, other than an excluded premium, equal to the particular amount is made by the individual under a retirement savings plan that is, at the end of the taxation year of the payment, a registered retirement savings plan under which the individual is the annuitant,

iii.  the payment is made before the particular time that is

(1)  if the individual was not resident in Canada at the time the individual filed a fiscal return for the taxation year in which the particular amount was received, the earlier of the end of the following calendar year and the time at which the individual filed the fiscal return,

(2)  where subparagraph 1 does not apply and the particular amount would, if subparagraph 1 of subparagraph ii of subparagraph c of the first paragraph of section 935.2 were read without the words “and the individual or the specified disabled person acquires the qualifying home or a replacement property for the qualifying home before the day that is one year after that completion date”, be an eligible amount, the end of the second following calendar year, and

(3)  in any other case, the end of the following calendar year, and

iv.  either

(1)  if the particular time is before 1 January 2000, the payment is made, as a repayment of the particular amount, to the issuer of a registered retirement savings plan from which the particular amount was received, no other payment is made as a repayment of the particular amount and that issuer is notified of the payment in a prescribed form submitted to the issuer at the time the payment is made, or

(2)  the payment is made after 31 December 1999 and before the particular time and the payment, and no other payment, is designated under this subparagraph as a repayment of the particular amount in a prescribed form filed with the Minister on or before the particular time or before such later time as is acceptable to the Minister; or

(c)  an amount, other than an eligible amount, that is received in a calendar year before the calendar year 1999 and that would be an eligible amount of the individual if the definition of “eligible amount”, as it applied to amounts received before 1 January 1999, were read without reference to paragraphs c and e thereof, where the individual

i.  died before the end of the following calendar year, and

ii.  was resident in Canada throughout the period that began immediately after the amount was received and ended at the time of the death;

“issuer” has the meaning assigned by paragraph c of section 905.1;

“participation period” of an individual means each period that begins at the beginning of a calendar year in which the individual receives an eligible amount and that ends immediately before the beginning of the first subsequent calendar year at the beginning of which the individual’s specified balance is nil;

“premium” has the meaning assigned by paragraph e of section 905.1;

“qualifying home” means

(a)  a housing unit located in Canada; or

(b)  a share of the capital stock of a housing cooperative, the holder of which is entitled to possession of a housing unit located in Canada;

“regular eligible amount” of an individual means an amount received at a particular time by the individual as a benefit out of or under a registered retirement savings plan if

(a)  the amount is received pursuant to the individual’s written request in a prescribed form in which the individual sets out the location of a qualifying home that the individual has begun, or intends not later than one year after its acquisition by the individual to begin, using as a principal place of residence;

(b)  the individual entered into an agreement in writing before the particular time for the acquisition of the qualifying home or with respect to its construction;

(c)  the individual acquires the qualifying home or a replacement property for the qualifying home before the completion date in respect of the amount received by the individual, or dies before the end of the calendar year that includes the completion date in respect of the amount;

(d)  neither the individual nor the individual’s spouse acquired the qualifying home more than 30 days before the particular time;

(e)  the individual did not have an owner-occupied home in the period that began on the first day of the fourth preceding calendar year that included the particular time, and that ended on the 31st day before the particular time;

(f)   the individual’s spouse did not, in the period referred to in paragraph e, have an owner-occupied home that was inhabited by the individual during the spouse’s marriage to the individual, or that was a share of the capital stock of a housing cooperative that relates to a housing unit inhabited by the individual during the spouse’s marriage to the individual;

(g)  the individual

i.  acquired the qualifying home before the particular time and is resident in Canada at the particular time, or

ii.  is resident in Canada throughout the period that begins at the particular time and ends at the earlier of the time of the individual’s death and the earliest time at which the individual acquires the qualifying home or a replacement property for the qualifying home;

(h)  the aggregate of the amount and all other eligible amounts received by the individual in the calendar year that includes the particular time does not exceed $25,000; and

(i)  the individual’s specified balance at the beginning of the calendar year that includes the particular time is nil;

“replacement property” for a particular qualifying home in respect of an individual, or of a specified disabled person in respect of the individual, means another qualifying home that

(a)  the individual or the specified disabled person agrees to acquire, or begins the construction of, at a particular time that is after the latest time that the individual made a request described in the definition of “designated withdrawal” in respect of the particular qualifying home;

(b)  at the particular time, the individual intends to be used by the individual or the specified disabled person as a principal place of residence not later than one year after its acquisition; and

(c)  none of the individual, the individual’s spouse, the specified disabled person or that person’s spouse had acquired before the particular time;

“specified balance” of an individual at any time means the amount by which the aggregate of all eligible amounts received by the individual at or before that time exceeds the aggregate of all amounts designated under section 935.3 by the individual for taxation years that ended before that time, and all amounts each of which is included under sections 935.4 and 935.5 in computing the individual’s income for a taxation year that ended before that time;

“specified disabled person”, in respect of an individual at any time, means a person who

(a)  is the individual or is related at that time to the individual; and

(b)  would be entitled to a deduction under subsection 1 of section 118.3 of the Income Tax Act in computing the person’s tax payable under Part I of this Act for the person’s taxation year that includes that time if that section were read without reference to paragraph c of subsection 1 of that section;

“supplemental eligible amount” of an individual means an amount received at a particular time by the individual as a benefit out of or under a registered retirement savings plan if

(a)  the amount is received pursuant to the individual’s written request in a prescribed form identifying a specified disabled person in respect of the individual and setting out the location of a qualifying home that has begun to be used by that person as a principal place of residence, or that the individual intends to be used by that person as a principal place of residence not later than one year after its first acquisition after the particular time;

(b)  the purpose of receiving the amount is to enable the specified disabled person to live in a dwelling that is more accessible by that person or in which that person is more mobile or functional, or in an environment better suited to the personal needs and care of that person;

(c)  the individual or the specified disabled person entered into an agreement in writing before the particular time for the acquisition of the qualifying home or with respect to its construction;

(d)  either

i.  the individual or the specified disabled person acquires a qualifying home or a replacement property for the qualifying home after 31 December 1998 and before the completion date in respect of the amount received by the individual, or

ii.  the individual dies before the end of the calendar year that includes the completion date in respect of the amount received by the individual;

(e)  none of the individual, the spouse of the individual, the specified disabled person or the spouse of that person acquired the qualifying home more than 30 days before the particular time;

(f)  either

i.  the individual or the specified disabled person acquired the qualifying home before the particular time and the individual is resident in Canada at the particular time, or

ii.  the individual is resident in Canada throughout the period that begins at the particular time and ends at the earlier of the time of the individual’s death and the earliest time at which the individual or the specified disabled person acquires the qualifying home or a replacement property for the qualifying home;

(g)  the aggregate of the amount and all other eligible amounts received by the individual in the calendar year that includes the particular time does not exceed $25,000; and

(h)  the individual’s specified balance at the beginning of the calendar year that includes the particular time is nil.

In this Title, a reference to a qualifying home that is a share described in paragraph b of the definition of “qualifying home” in the first paragraph means, where the context so requires, the housing unit to which that share relates.

1994, c. 22, s. 290; 1995, c. 49, s. 203; 1996, c. 39, s. 237; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 2000, c. 5, s. 212; 2001, c. 53, s. 194; 2009, c. 5, s. 383; 2010, c. 5, s. 91.

935.2. For the purposes of this Title,

(a)  an individual is deemed to have acquired a qualifying home if the individual acquired it jointly with one or more other persons;

(a.1)  an individual is deemed to have an owner-occupied home at any time where, at that time, the individual owns, whether jointly with another person or otherwise, a housing unit or a share of the capital stock of a housing cooperative and the housing unit is inhabited by the individual as the individual’s principal place of residence at that time, or the share was acquired for the purpose of acquiring a right to possess a housing unit owned by the cooperative and that unit is inhabited by the individual as the individual’s principal place of residence at that time;

(b)  where an individual agrees to acquire a housing unit held in co-ownership, the individual is deemed to have acquired it on the day the individual is entitled to take possession of it;

(c)  except for the purposes of subparagraph ii of paragraph g of the definition of “regular eligible amount” in the first paragraph of section 935.1 and of subparagraph ii of paragraph f of the definition of “supplemental eligible amount” in that paragraph, an individual or a specified disabled person in respect of the individual is deemed to have acquired, before the completion date in respect of a designated withdrawal received by the individual, the qualifying home in respect of which the designated withdrawal was received if

i.  neither a qualifying home nor a replacement property for the qualifying home was acquired by the individual or the specified disabled person before that completion date, and

ii.  either

(1)  the individual or the specified disabled person is obliged under the terms of a written agreement in effect on that completion date to acquire the qualifying home, or a replacement property for the qualifying home, on or after that date, and the individual or the specified disabled person acquires the qualifying home or a replacement property for the qualifying home before the day that is one year after that completion date, or

(2)  the individual or the specified disabled person made payments to persons with whom the individual was dealing at arm’s length, in the period described in the second paragraph, in respect of the construction of the qualifying home or a replacement property for the qualifying home, and the aggregate of all payments so made was not less than the aggregate of all designated withdrawals that were received by the individual in respect of the qualifying home;

(d)  (subparagraph repealed);

(e)  (subparagraph repealed);

(f)  an amount received by an individual in a particular calendar year is deemed to have been received by the individual at the end of the preceding calendar year and not at any other time if

i.  the amount is received in January of the particular year or at such later time as is acceptable to the Minister,

ii.  the amount would not be an eligible amount if this Title were read without reference to this paragraph, and

iii.  the amount would be an eligible amount if the definition of “regular eligible amount” in the first paragraph of section 935.1 were read without reference to subparagraph i thereof and the definition of “supplemental eligible amount” in that paragraph were read without reference to paragraph h thereof.

The period to which subparagraph 2 of subparagraph ii of subparagraph c of the first paragraph refers is the period that begins at the time the individual first benefited from a designated withdrawal in respect of the qualifying home and that ends before the completion date in respect of the designated withdrawal.

1994, c. 22, s. 290; 1995, c. 49, s. 204; 1996, c. 39, s. 238; 1997, c. 3, s. 71; 1997, c. 85, s. 330; 2000, c. 5, s. 213; 2001, c. 53, s. 195.

CHAPTER II REPAYMENTS OF ELIGIBLE AMOUNTS AND AMOUNTS TO BE INCLUDED

1994, c. 22, s. 290.

935.3. An individual may designate a single amount for a taxation year in a prescribed form filed with the fiscal return the individual is required to file under section 1000 for the year, if the amount does not exceed the lesser of

(a)  the aggregate of all amounts, other than excluded premiums, repayments to which paragraph b of the definition of “excluded withdrawal” in the first paragraph of section 935.1 applies and amounts paid by the individual in the first 60 days of the year that can reasonably be considered to have been deducted in computing the individual’s income, or designated under this section, for the preceding taxation year, paid by the individual in the year or within 60 days after the end of the year under a retirement savings plan that is at the end of the year or the following taxation year a registered retirement savings plan under which the individual is the annuitant; and

(b)  the amount by which

i.  the aggregate of all eligible amounts received by the individual before the end of the year exceeds

ii.  the aggregate of

(1)  all amounts designated by the individual under this section for preceding taxation years, and

(2)  all amounts each of which is an amount included in computing the income of the individual under section 935.4 or 935.5 for a preceding taxation year.

1994, c. 22, s. 290; 1996, c. 39, s. 239; 1997, c. 31, s. 88; 2001, c. 53, s. 196.

935.4. An individual shall include in computing the income of the individual for a particular taxation year included in a particular participation period of the individual the amount determined by the formula

[(A − B − C) / (15 − D)] − E.

For the purposes of the formula in the first paragraph,

(a)  A is

i.  an amount equal to zero where

(1)  the individual died or ceased to be resident in Canada in the particular year, or

(2)  the completion date in respect of an eligible amount received by the individual was in the particular year; and

ii.  in any other case, the aggregate of all eligible amounts received by the individual in preceding taxation years included in the particular participation period;

(b)  B is

i.  if the completion date in respect of an eligible amount received by the individual was in the preceding taxation year, an amount equal to zero, and

ii.  in any other case, the aggregate of all amounts each of which is designated under section 935.3 by the individual for a preceding taxation year included in the particular participation period;

(c)  C is the aggregate of all amounts each of which is an amount included under this section or section 935.5 in computing the income of the individual for a preceding taxation year included in the particular participation period;

(d)  D is the lesser of 14 and the number of taxation years of the individual ending in the period beginning on the following dates and ending at the beginning of the particular year:

i.  where the completion date in respect of an eligible amount received by the individual was before 1 January 1995, 1 January 1995, and

ii.  in any other case, 1 January of the first calendar year beginning after the completion date in respect of an eligible amount received by the individual; and

(e)  E is

i.  (subparagraph repealed);

ii.  if the completion date in respect of an eligible amount received by the individual was in the preceding taxation year, the aggregate of all amounts each of which is designated under section 935.3 by the individual for the particular year or a preceding taxation year included in the particular participation period, and

iii.  in any other case, the amount designated under section 935.3 by the individual for the particular year.

1994, c. 22, s. 290; 1995, c. 49, s. 205; 1996, c. 39, s. 240; 2001, c. 53, s. 197.

935.5. If at a particular time in a taxation year an individual ceases to be resident in Canada, the individual shall include in computing the income of the individual for the period in the year during which the individual was resident in Canada the amount by which the aggregate of all amounts each of which is an eligible amount received by the individual in the year or a preceding taxation year exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is the aggregate of

(a)  all amounts designated under section 935.3 by the individual in respect of amounts paid not later than 60 days after the particular time and before the individual files a fiscal return for the year; and

(b)  all amounts included under section 935.4 or this section in computing the income of the individual for preceding taxation years.

1994, c. 22, s. 290; 1996, c. 39, s. 241; 2001, c. 53, s. 198.

935.6. If an individual dies at a particular time in a taxation year, there shall be included in computing the income of the individual for the year the amount by which the individual’s specified balance immediately before that time exceeds the amount designated under section 935.3 by the individual for the year.

1994, c. 22, s. 290; 2001, c. 53, s. 199.

935.7. If a spouse of an individual was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse and the individual’s legal representative jointly so elect in writing in the individual’s fiscal return filed under this Part for the year, the following rules apply:

(a)  section 935.6 does not apply in respect of the individual,

(b)  the spouse is deemed to have received a particular eligible amount at the particular time equal to the amount that, but for this section, would be determined under section 935.6 in respect of the individual;

(c)  for the purposes of section 935.4 and paragraph d, the completion date in respect of the particular amount is deemed to be

i.  if the spouse received an eligible amount before the death, other than an eligible amount received in a participation period of the spouse that ended before the beginning of the year, the completion date in respect of that amount, and

ii.  in any other case, the completion date in respect of the last eligible amount received by the individual; and

(d)  for the purposes of section 935.4, the completion date in respect of each eligible amount received by the spouse, after the death and before the end of the spouse’s participation period that includes the time of the death, is deemed to be the completion date in respect of the particular amount.

1994, c. 22, s. 290; 1995, c. 49, s. 206; 1996, c. 39, s. 242; 2001, c. 53, s. 200.

935.8. (Repealed).

1994, c. 22, s. 290; 2009, c. 5, s. 384.

935.8.1. Where an amount, other than an amount paid in the first 60 days of a taxation year, is paid as a premium by an individual in the year and the Minister so directs, the following rules apply:

(a)  all or part of the amount may be designated in writing by the individual for the purposes of section 935.3 and, to that end, the amount is deemed to have been paid at the beginning of the year and not at the time it was actually paid; and

(b)  the designation of all or part of that amount is deemed to have been made in the prescribed form the individual is required to send with the fiscal return the individual is required to file under section 1000 for the preceding taxation year.

2003, c. 2, s. 255.

CHAPTER III

Repealed, 1996, c. 39, s. 243.

1994, c. 22, s. 290; 1995, c. 49, s. 207; 1996, c. 39, s. 243.

935.9. (Repealed).

1994, c. 22, s. 290; 1995, c. 49, s. 208; 1996, c. 39, s. 243.

935.10. (Repealed).

1994, c. 22, s. 290; 1995, c. 49, s. 209; 1996, c. 39, s. 243.

935.10.1. (Repealed).

1995, c. 49, s. 210; 1996, c. 39, s. 243.

935.10.2. (Repealed).

1995, c. 49, s. 210; 1996, c. 39, s. 243.

935.11. (Repealed).

1994, c. 22, s. 290; 1995, c. 49, s. 211; 1996, c. 39, s. 243.

TITLE IV.2 LIFELONG LEARNING INCENTIVE PLAN

CHAPTER I INTERPRETATION AND GENERAL

2001, c. 53, s. 201.

935.12. In this Title,

“annuitant” has the meaning assigned by paragraph b of section 905.1;

“benefit” has the meaning assigned by paragraph a of section 905.1;

“eligible amount” of an individual means a particular amount received at a particular time in a calendar year by the individual as a benefit out of or under a registered retirement savings plan if

(a)  the particular amount is received after 31 December 1998 pursuant to the individual’s written request in a prescribed form;

(b)  in respect of the particular amount, the individual designates in the form prescribed a person, in this definition referred to as the “designated person”, who is the individual or the individual’s spouse;

(c)  the aggregate of the eligible amount and all other eligible amounts received by the individual at or before the particular time and in the year does not exceed $10,000;

(d)  the aggregate of the particular amount and all other eligible amounts received by the individual at or before the particular time, other than amounts received in participation periods of the individual that ended before the year, does not exceed $20,000;

(e)  the individual did not receive an eligible amount at or before the particular time in respect of which someone other than the designated person was designated, other than an amount received in a participation period of the individual that ended before the year;

(f)  the designated person is enrolled at the particular time as a full-time student in a qualifying educational program or has received written notification before the particular time that the designated person is absolutely or contingently entitled to enroll before March of the following year as a full-time student in a qualifying educational program;

(g)  the individual is resident in Canada throughout the period that begins at the particular time and ends immediately before the earlier of the beginning of the following year and the time of the individual’s death;

(h)  except where the individual dies after the particular time and before April of the following year, the designated person is enrolled as a full-time student in a qualifying educational program after the particular time and before March of the following year and

i.  the designated person completes the qualifying educational program before April of the following year,

ii.  the designated person does not withdraw from the qualifying educational program before April of the following year, or

iii.  less than 75% of the tuition paid, after the beginning of the year and before April of the following year, in respect of the designated person and the qualifying educational program is refundable ; and

(i)  if an eligible amount was received by the individual before the year, the particular time is neither

i.  in the individual’s repayment period for the individual’s participation period that includes the particular time, nor

ii.  after January, or a later month where the Minister so permits, of the fifth calendar year of the individual’s participation period that includes the particular time;

“excluded premium” of an individual means a premium that

(a)  was designated by the individual for the purposes of paragraph j, j.1 or l of section 60 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or for the purposes of section 935.3;

(b)  was a repayment to which paragraph b of the definition of “excluded withdrawal” in the first paragraph of section 935.1 applies;

(c)  was an amount transferred directly from a registered retirement savings plan, registered pension plan, registered retirement income fund, deferred profit sharing plan or a provincial pension plan prescribed for the purposes of paragraph v of section 60 of the Income Tax Act; or

(d)  was deductible under section 923.5 in computing the individual’s income for any taxation year;

“excluded withdrawal” of an individual means

(a)  an eligible amount received by the individual; or

(b)  a particular amount, other than an eligible amount, received while the individual was resident in Canada and in a calendar year if

i.  the particular amount would be an eligible amount of the individual if the definition of “eligible amount” were read without reference to paragraphs g and h of that definition,

ii.  a payment, other than an excluded premium, equal to the particular amount is made by the individual under a retirement savings plan that is, at the end of the taxation year of the payment, a registered retirement savings plan under which the individual is the annuitant,

iii.  the payment is made before the particular time that is,

(1)  if the individual was not resident in Canada at the time the individual filed a fiscal return for the taxation year in which the particular amount was received, the earlier of the end of the following calendar year and the time at which the individual filed the fiscal return, and

(2)  in any other case, the end of the following calendar year, and

iv.  the payment, and no other payment, is designated under this subparagraph as a repayment of the particular amount in a prescribed form filed with the Minister on or before the particular time or before such later time as is acceptable to the Minister;

“participation period” of an individual means each period that begins at the beginning of a calendar year in which the individual receives an eligible amount and at the beginning of which the individual’s specified balance is nil and that ends immediately before the beginning of the first subsequent calendar year at the beginning of which the individual’s specified balance is nil;

“premium” has the meaning assigned by paragraph e of section 905.1;

“qualifying educational program” means a qualifying educational program within the meaning assigned by subsection 1 of section 146.02 of the Income Tax Act;

“repayment period” of an individual for a participation period of the individual in respect of a person designated under paragraph b of the definition of “eligible amount” means the period within the participation period that begins at one of the times referred to in subparagraphs i to iv of paragraph a of the definition of “repayment period” in subsection 1 of section 146.02 of the Income Tax Act and that ends at the end of the participation period;

“specified balance” of an individual at any time means the amount by which the aggregate of all eligible amounts received by the individual at or before that time exceeds the aggregate of all amounts designated under section 935.14 by the individual for taxation years that ended before that time, and all amounts each of which is included under section 935.15 or 935.16 in computing the individual’s income for a taxation year that ended before that time.

In this Title, a full-time student in a taxation year includes an individual to whom subsection 3 of section 118.6 of the Income Tax Act applies for the purpose of computing tax payable under Part I of that Act for the year or the following taxation year.

2001, c. 53, s. 201.

935.13. For the purposes of the definition of “eligible amount” in the first paragraph of section 935.12, a particular person is deemed to be the only person in respect of whom a particular amount was designated under paragraph b of that definition if

(a)  an individual received the particular amount;

(b)  the individual files a prescribed form with the Minister in which the particular person is specified in connection with the receipt of the particular amount;

(c)  the particular amount would be an eligible amount of the individual if that definition were read without reference to paragraphs b and e of that definition and paragraphs f and h of that definition were read as follows:

“(f) the individual or the individual’s spouse, as the case may be, is enrolled at the particular time as a full-time student in a qualifying educational program or has received written notification before the particular time that the individual or the individual’s spouse, as the case may be, is absolutely or contingently entitled to enroll before March of the following year as a full-time student in a qualifying educational program;”;

“(h) except where the individual dies after the particular time and before April of the following year, the individual or the individual’s spouse, as the case may be, is enrolled as a full-time student in a qualifying educational program after the particular time and before March of the following year and

i. the individual or the individual’s spouse, as the case may be, completes the qualifying educational program before April of the following year,

ii. the individual or the individual’s spouse, as the case may be, does not withdraw from the qualifying educational program before April of the following year, or

iii. less than 75% of the tuition paid, after the beginning of the year and before April of the following year, in respect of the individual or the individual’s spouse, as the case may be, and the qualifying educational program is refundable; and”;

(d)  the Minister so permits.

2001, c. 53, s. 201.

CHAPTER II REPAYMENT OF ELIGIBLE AMOUNTS AND AMOUNTS TO BE INCLUDED

2001, c. 53, s. 201.

935.14. An individual may designate a single amount for a taxation year in a prescribed form filed with the fiscal return the individual is required to file under section 1000 for the year, if the amount does not exceed the lesser of

(a)  the aggregate of all amounts, other than excluded premiums, repayments to which paragraph b of the definition of “excluded withdrawal” in the first paragraph of section 935.12 applies and amounts paid by the individual in the first 60 days of the year that can reasonably be considered to have been deducted in computing the individual’s income, or designated under this section, for the preceding taxation year, paid by the individual in the year or within 60 days after the end of the year under a retirement savings plan that is at the end of the year or the following taxation year a registered retirement savings plan under which the individual is the annuitant; and

(b)  the individual’s specified balance at the end of the year.

2001, c. 53, s. 201.

935.15. An individual shall in computing the individual’s income for a particular taxation year that begins after 31 December 2000 include the amount determined by the formula

[(A − B − C) / (10 − D)] − E.

In the formula provided for in the first paragraph,

(a)   A is

i.  nil, if

(1)  the individual died or ceased to be resident in Canada in the particular year, or

(2)  the beginning of the particular year is not included in a repayment period of the individual, and

ii.  in any other case, the aggregate of all eligible amounts received by the individual in preceding taxation years, other than taxation years in participation periods of the individual that ended before the particular year;

(b)  B is

i.  nil, if the particular year is the first taxation year in a repayment period of the individual, and

ii.  in any other case, the aggregate of all amounts designated under section 935.14 by the individual for preceding taxation years, other than taxation years in participation periods of the individual that ended before the particular year;

(c)  C is the aggregate of all amounts each of which is included under this section or section 935.16 in computing the individual’s income for a preceding taxation year, other than a taxation year included in a participation period of the individual that ended before the particular year;

(d)  D is the lesser of nine and the number of taxation years of the individual that end in the period that begins at the beginning of the individual’s last repayment period that began at or before the beginning of the particular year and ends at the beginning of the particular year; and

(e)  E is

i.  if the particular year is the first taxation year within a repayment period of the individual, the aggregate of the amount designated under section 935.14 by the individual for the particular year and all amounts so designated for preceding taxation years, other than taxation years in participation periods of the individual that ended before the particular year, and

ii.  in any other case, the amount designated under section 935.14 by the individual for the particular year.

2001, c. 53, s. 201.

935.16. If at any time in a taxation year an individual ceases to be resident in Canada, the individual shall include in computing the income of the individual for the period in the year during which the individual was resident in Canada the amount by which the aggregate of all amounts each of which is an eligible amount received by the individual in the year or a preceding taxation year exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is the aggregate of

(a)  all amounts designated under section 935.14 by the individual in respect of an amount paid not later than 60 days after that time and before the individual files a fiscal return for the year; and

(b)  all amounts included under section 935.15 or this section in computing the income of the individual for a preceding taxation year.

2001, c. 53, s. 201.

935.17. If an individual dies at any time in a taxation year, there shall be included in computing the income of the individual for the year the amount by which the individual’s specified balance immediately before that time exceeds the amount designated under section 935.14 by the individual for the year.

2001, c. 53, s. 201.

935.18. If a spouse of an individual was resident in Canada immediately before the individual’s death at a particular time in a taxation year and the spouse and the individual’s legal representatives jointly so elect in writing in the individual’s fiscal return filed under this Part for the year, the following rules apply:

(a)  section 935.17 does not apply to the individual;

(b)  the spouse is deemed to have received a particular eligible amount at the particular time equal to the amount that, but for this section, would be determined under section 935.17 in respect of the individual;

(c)  subject to paragraph d, for the purpose of applying this Title after the particular time, the spouse is deemed to be the person designated under paragraph b of the definition of “eligible amount” in the first paragraph of section 935.12 in respect of the particular amount; and

(d)  where the spouse received an eligible amount before the particular time in the spouse’s participation period that included the particular time and the particular individual designated under paragraph b of the definition of “eligible amount” in the first paragraph of section 935.12 in respect of that eligible amount was not the spouse, for the purpose of applying this Title after the particular time the particular individual is deemed to be the person designated under that paragraph in respect of the particular amount.

2001, c. 53, s. 201.

935.19. Where an amount, other than an amount paid in the first 60 days of a taxation year, is paid as a premium by an individual in the year and the Minister so directs, the following rules apply:

(a)  all or part of the amount may be designated in writing by the individual for the purposes of section 935.14 and, to that end, the amount is deemed to have been paid at the beginning of the year and not at the time it was actually paid; and

(b)  the designation of all or part of that amount is deemed to have been made in the prescribed form the individual is required to send with the fiscal return the individual is required to file under section 1000 for the preceding taxation year.

2003, c. 2, s. 256.

TITLE IV.3 TAX-FREE SAVINGS ACCOUNTS

2009, c. 15, s. 170.

CHAPTER I DEFINITION

2009, c. 15, s. 170.

935.20. In this Title, “holder” has the meaning assigned by subsection 1 of section 146.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 15, s. 170.

CHAPTER II TAX

2009, c. 15, s. 170.

935.21. No tax is payable under this Part by a trust that is governed by a tax-free savings account on its taxable income for a taxation year.

2009, c. 15, s. 170.

935.22. Despite section 935.21, a trust governed by a tax-free savings account that carries on a business in a taxation year shall pay tax under this Part on the amount that would be its taxable income for the year if it had no incomes or losses from sources other than that business.

2009, c. 15, s. 170.

935.23. Despite section 935.21, a trust governed by a tax-free savings account that holds, in a taxation year, a property that is a non-qualified investment (for the purposes of Part XI.01 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the trust, shall pay tax under this Part on the amount that would be its taxable income for the year if it had no incomes or losses from sources other than the property and no capital gains or capital losses other than from the disposition of the property.

2009, c. 15, s. 170.

935.24. For the purposes of sections 935.22 and 935.23, the following rules apply:

(a)  a trust’s income includes a dividend described in sections 501 to 503; and

(b)  the trust’s taxable capital gain or allowable capital loss from the disposition of a property is equal to its capital gain or capital loss, as the case may be, from the disposition.

2009, c. 15, s. 170.

935.25. An amount that is credited or added to a deposit that is a tax-free savings account as interest or other income in respect of the account is deemed not to be received by the holder of the account solely because of that crediting or adding.

2009, c. 15, s. 170.

CHAPTER III SPECIAL PROVISIONS

2009, c. 15, s. 170.

935.26. If an arrangement that governs a trust ceases, at a particular time, to be a tax-free savings account, the following rules apply:

(a)  the trust is deemed to have disposed, immediately before the particular time, of each property held by the trust for proceeds of disposition equal to the property’s fair market value immediately before the particular time and to have acquired, at the particular time, each such property at a cost equal to that fair market value;

(b)  the trust’s last taxation year that began before the particular time is deemed to have ended immediately before the particular time; and

(c)  a taxation year of the trust is deemed to begin at the particular time.

2009, c. 15, s. 170.

935.26.1. If an arrangement that governs a trust ceases to be a tax-free savings account because of the death of the holder of the tax-free savings account, the following rules apply:

(a)  the arrangement is deemed, for the purposes of the third paragraph of section 647, sections 935.21 to 935.24 and 935.26 and paragraph h.1 of section 998, to continue to be a tax-free savings account until, and to cease to be a tax-free savings account immediately after, the exemption-end time;

(b)  there must be included in computing a taxpayer’s income for a taxation year the aggregate of all amounts each of which is an amount determined by the formula

A - B; and

(c)  there must be included in computing the trust’s income for its first taxation year, if any, that begins after the exemption-end time the amount determined by the formula

C - D.

In the formulas in subparagraphs b and c of the first paragraph,

(a)  A is the amount of a payment made out of or under the trust, in satisfaction of all or part of the taxpayer’s beneficial interest in the trust, in the taxation year, after the holder’s death and at or before the exemption-end time;

(b)  B is an amount designated by the trust not exceeding the lesser of

i.  the amount of the payment, and

ii.  the amount by which the fair market value of all of the property held by the trust immediately before the holder’s death exceeds the aggregate of all amounts each of which is an amount determined under this subparagraph b in respect of any other payment made out of or under the trust;

(c)  C is the fair market value of all of the property held by the trust at the exemption-end time; and

(d)  D is the amount by which the fair market value of all of the property held by the trust immediately before the holder’s death exceeds the aggregate of all amounts each of which is an amount determined under subparagraph b in respect of a payment made out of or under the trust.

For the purposes of this section, the exemption-end time is the earlier of

(a)  the time at which the trust ceases to exist; and

(b)  the end of the first calendar year that begins after the holder dies.

2010, c. 5, s. 92.

935.27. If an annuity contract ceases, at a particular time, to be a tax-free savings account, the following rules apply:

(a)  the holder of the tax-free savings account is deemed to have disposed of the contract immediately before the particular time for proceeds of disposition equal to its fair market value immediately before the particular time;

(b)  the contract is deemed to be a separate annuity contract issued and effected at the particular time otherwise than pursuant to or as a tax-free savings account; and

(c)  each person who has a right or interest in the separate annuity contract at the particular time is deemed to acquire the right or interest at the particular time at a cost equal to its fair market value at the particular time.

2009, c. 15, s. 170.

935.28. If a deposit ceases, at a particular time, to be a tax-free savings account, the following rules apply:

(a)  the holder of the tax-free savings account is deemed to have disposed of the deposit immediately before the particular time for proceeds of disposition equal to its fair market value immediately before the particular time; and

(b)  each person who has a right or interest in the deposit at the particular time is deemed to acquire the right or interest at the particular time at a cost equal to its fair market value at the particular time.

2009, c. 15, s. 170.

935.29. An arrangement that is a qualifying arrangement, as defined in subsection 1 of section 146.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), is deemed not to be a retirement savings plan, an education savings plan, a retirement income fund or a disability savings plan.

2009, c. 15, s. 170.

TITLE V

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

CHAPTER I

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

936. (Repealed).

1975, c. 21, s. 23; 1987, c. 67, s. 170; 2005, c. 23, s. 123.

937. (Repealed).

1975, c. 21, s. 23; 1982, c. 5, s. 159; 1997, c. 3, s. 71; 2005, c. 23, s. 123.

938. (Repealed).

1975, c. 21, s. 23; 1982, c. 5, s. 160; 1984, c. 15, s. 204; 2005, c. 23, s. 123.

939. (Repealed).

1975, c. 21, s. 23; 1978, c. 26, s. 172; 1982, c. 5, s. 161; 1997, c. 3, s. 71; 2005, c. 23, s. 123.

940. (Repealed).

1977, c. 26, s. 103; 1982, c. 5, s. 162; 2005, c. 23, s. 123.

941. (Repealed).

1977, c. 26, s. 103; 1980, c. 13, s. 89; 1997, c. 3, s. 71; 2005, c. 23, s. 123.

941.1. (Repealed).

1982, c. 5, s. 163; 1997, c. 14, s. 152; 2005, c. 23, s. 123.

942. (Repealed).

1977, c. 26, s. 103; 1978, c. 26, s. 173; 2005, c. 23, s. 123.

943. (Repealed).

1975, c. 21, s. 23; 1997, c. 3, s. 71; 1997, c. 85, s. 201; 2000, c. 5, s. 214; 2005, c. 23, s. 123.

943.1. (Repealed).

1982, c. 56, s. 16; 1997, c. 3, s. 71; 1997, c. 85, s. 202.

943.2. (Repealed).

1983, c. 44, s. 31; 1984, c. 35, s. 17; 1997, c. 3, s. 71; 1997, c. 85, s. 202.

CHAPTER II

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

944. (Repealed).

1975, c. 21, s. 23; 1977, c. 26, s. 104; 1978, c. 26, s. 174; 1982, c. 5, s. 164; 1982, c. 56, s. 17; 1984, c. 15, s. 205; 1987, c. 67, s. 171; 2005, c. 23, s. 123.

944.1. (Repealed).

1983, c. 44, s. 32; 2005, c. 23, s. 123.

944.2. (Repealed).

1990, c. 7, s. 81; 1991, c. 8, s. 55; 2005, c. 23, s. 123.

944.3. (Repealed).

1991, c. 8, s. 56; 2005, c. 23, s. 123.

944.4. (Repealed).

1992, c. 1, s. 84; 2005, c. 23, s. 123.

944.5. (Repealed).

1993, c. 19, s. 72; 1997, c. 14, s. 153; 2005, c. 23, s. 123.

944.6. (Repealed).

1997, c. 14, s. 154; 1998, c. 46, s. 65; 2005, c. 23, s. 123.

944.7. (Repealed).

1997, c. 14, s. 154; 2005, c. 23, s. 123.

944.8. (Repealed).

1997, c. 14, s. 154; 2005, c. 23, s. 123.

945. (Repealed).

1975, c. 21, s. 23; 1975, c. 83, s. 84; 1982, c. 5, s. 165; 1984, c. 15, s. 206; 1987, c. 67, s. 172; 1999, c. 83, s. 273; 2005, c. 23, s. 123.

946. (Repealed).

1975, c. 21, s. 23; 1982, c. 5, s. 165; 1982, c. 56, s. 18; 1983, c. 44, s. 33; 1990, c. 7, s. 82; 1991, c. 8, s. 57; 1992, c. 1, s. 85; 1993, c. 19, s. 73; 1997, c. 14, s. 155; 2005, c. 23, s. 123.

946.1. (Repealed).

1997, c. 14, s. 156; 2005, c. 23, s. 123.

CHAPTER III

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

947. (Repealed).

1975, c. 21, s. 23; 2005, c. 23, s. 123.

948. (Repealed).

1975, c. 21, s. 23; 2005, c. 23, s. 123.

949. (Repealed).

1975, c. 21, s. 23; 2005, c. 23, s. 123.

950. (Repealed).

1975, c. 21, s. 23; 2005, c. 23, s. 123.

951. (Repealed).

1975, c. 21, s. 23; 1979, c. 18, s. 67; 1984, c. 15, s. 207; 1990, c. 59, s. 327; 2005, c. 23, s. 123.

CHAPTER IV

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

952. (Repealed).

1975, c. 21, s. 23; 1978, c. 26, s. 175; 1982, c. 56, s. 19; 2005, c. 23, s. 123.

952.1. (Repealed).

1978, c. 26, s. 176; 1980, c. 13, s. 90; 2005, c. 23, s. 123.

953. (Repealed).

1975, c. 21, s. 23; 1978, c. 26, s. 177; 1982, c. 56, s. 20; 1997, c. 3, s. 71; 2005, c. 23, s. 123.

954. (Repealed).

1975, c. 21, s. 23; 1978, c. 26, s. 178; 1982, c. 56, s. 21; 2005, c. 23, s. 123.

954.1. (Repealed).

1982, c. 56, s. 21; 2005, c. 23, s. 123.

CHAPTER V

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

955. (Repealed).

1975, c. 21, s. 23; 1977, c. 26, s. 105; 1978, c. 26, s. 179; 1982, c. 5, s. 166; 1982, c. 56, s. 22; 1983, c. 44, s. 34; 1984, c. 35, s. 18; 1987, c. 67, s. 173; 1990, c. 7, s. 83; 1991, c. 8, s. 58; 1992, c. 1, s. 86; 1993, c. 19, s. 74; 1997, c. 14, s. 157; 1998, c. 46, s. 65; 2005, c. 23, s. 123.

955.1. (Repealed).

1983, c. 44, s. 35; 2005, c. 23, s. 123.

956. (Repealed).

1975, c. 21, s. 23; 1982, c. 56, s. 23; 2005, c. 23, s. 123.

957. (Repealed).

1975, c. 21, s. 23; 1982, c. 56, s. 24; 2005, c. 23, s. 123.

CHAPTER VI

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

958. (Repealed).

1975, c. 21, s. 23; 1991, c. 25, s. 139; 1995, c. 49, s. 212; 1996, c. 39, s. 244; 2005, c. 23, s. 123.

CHAPTER VII

Repealed, 2005, c. 23, s. 123.

2005, c. 23, s. 123.

959. (Repealed).

1975, c. 21, s. 23; 1982, c. 5, s. 167; 1997, c. 14, s. 158; 2005, c. 23, s. 123.

960. (Repealed).

1975, c. 21, s. 23; 1982, c. 5, s. 167; 1990, c. 7, s. 84; 2005, c. 23, s. 123.

961. (Repealed).

1975, c. 21, s. 23; 2005, c. 23, s. 123.

961.1. (Repealed).

1978, c. 26, s. 180; 1982, c. 5, s. 168; 1995, c. 63, s. 97; 1997, c. 14, s. 159; 2005, c. 23, s. 123.

961.1.1. (Repealed).

1982, c. 56, s. 25; 2005, c. 23, s. 123.

961.1.2. (Repealed).

1983, c. 44, s. 36; 1984, c. 35, s. 19; 1985, c. 25, s. 137; 2005, c. 23, s. 123.

961.1.3. (Repealed).

1983, c. 44, s. 36; 1985, c. 25, s. 138; 2005, c. 23, s. 123.

961.1.4. (Repealed).

1986, c. 15, s. 134; 2005, c. 23, s. 123.

961.1.4.1. (Repealed).

1991, c. 8, s. 59; 2005, c. 23, s. 123.

TITLE V.1 REGISTERED RETIREMENT INCOME FUND

1979, c. 18, s. 68.

CHAPTER I INTERPRETATION

1979, c. 18, s. 68; 1988, c. 18, s. 91; 2000, c. 39, s. 104.

961.1.5. In this Title,

(a)  “property held” in connection with a retirement income fund means property held by the carrier of the fund, whether held by the carrier as trustee or beneficial owner thereof, the value of which, or the income or loss from which is relevant in determining the amount for a year payable to the annuitant under the fund;

(b)  “carrier” of a retirement income fund has the meaning assigned by subsection 1 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(c)  “minimum amount” under a retirement income fund for a year means the amount determined under section 961.1.5.0.1 in respect of the fund for the year;

(c.1)  “designated benefit” of an individual in respect of a registered retirement income fund means the aggregate of

i.  such amounts paid out of or under the fund after the death of the last annuitant thereunder to the legal representative of that annuitant

(1)  as would, had they been paid under the fund to the individual, have been refunds of premiums within the meaning assigned by the first paragraph of section 908, if the fund were a registered retirement savings plan under which the date provided for the first payment of benefits was subsequent to the death, and

(2)  as are designated jointly by the legal representative and the individual on the prescribed form filed with the Minister; and

ii.  amounts paid out of or under the fund after the death of the last annuitant thereunder to the individual that would be refunds of premiums within the meaning assigned by the first paragraph of section 908 had the fund been a registered retirement savings plan under which the date provided for the first payment of benefits was subsequent to the death;

(d)  “annuitant” under a retirement income fund at any time means any of the following persons:

i.  the first individual to whom the carrier has undertaken to make the payments described in the definition of “retirement income fund” in subsection 1 of section 146.3 of the Income Tax Act out of or under the fund, where the first individual is alive at that time;

ii.  after the death of the first individual, a spouse, in this subparagraph referred to as the “surviving spouse”, of the first individual to whom the carrier has undertaken to make payments described in the definition of “retirement income fund” in subsection 1 of section 146.3 of the Income Tax Act out of or under the fund after the death of the first individual, where the surviving spouse is alive at that time and the undertaking was made pursuant to an election described in the said definition of the first individual or with the consent of the legal representative of the first individual; and

iii.  after the death of the surviving spouse, another spouse of the surviving spouse to whom the carrier has undertaken, with the consent of the legal representative of the surviving spouse, to make payments described in the definition of “retirement income fund” in subsection 1 of section 146.3 of the Income Tax Act out of or under the fund after the death of the surviving spouse, where that other spouse is alive at that time.

1988, c. 18, s. 92; 1991, c. 25, s. 140; 1994, c. 22, s. 291; 1995, c. 49, s. 213; 1996, c. 39, s. 245; 2000, c. 5, s. 215.

961.1.5.0.1. The amount to which paragraph c of section 961.1.5 refers in respect of a retirement income fund is equal to zero for the year in which the arrangement relating to the fund is made and, for each subsequent year, to the amount determined by the formula

(A × B) + C.

In the formula provided for in the first paragraph,

(a)  A is the fair market value of all properties held in connection with the fund at the beginning of the year, other than annuity contracts held by a trust governed by the fund that, at the beginning of the year, are not referred to in paragraph b.1 of the definition of “qualified investment” in subsection 1 of section 146.3 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(b)  B is

i.  where the first annuitant under the fund elected in respect of the fund under subparagraph ii of paragraph c of section 961.1.5, as it read before 1 January 1992, or under the first paragraph of section 961.4, as it read before 1 January 1986, to use the age of another individual, the prescribed factor for the year in respect of the other individual,

ii.  where subparagraph i does not apply and the first annuitant under the fund so elects before any payment has been made under the fund by the carrier, the prescribed factor for the year in respect of an individual who is the spouse of the first annuitant at the time of the election, and

iii.  in any other case, the prescribed factor for the year in respect of the first annuitant under the fund; and

(c)  C is, where the fund governs a trust, the aggregate of all amounts each of which is

i.  a periodic payment under an annuity contract held by the trust at the beginning of the year, other than an annuity contract referred to at the beginning of the year in paragraph b.1 of the definition of “qualified investment” in subsection 1 of section 146.3 of the Income Tax Act, that is paid to the trust in the year, or

ii.  if the periodic payment under an annuity contract described in subparagraph i is not made to the trust because the trust disposed of the right to that payment in the year, a reasonable estimate of that payment on the assumption that the annuity contract has been held by the trust throughout the year and no rights under the contract were disposed of in the year.

2000, c. 5, s. 216; 2009, c. 5, s. 385.

961.1.5.0.2. The minimum amount under a retirement income fund for the taxation year 2008 is 75% of the amount that would, but for this section, be the minimum amount under the fund for that year.

The first paragraph does not apply in respect of a retirement income fund

(a)  for the purposes of section 961.17.0.1, paragraph k of the definition of “remuneration” in section 1015R1 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) and subparagraph a of the second paragraph of section 1015R21 of that regulation; or

(b)  if the individual who was the annuitant under the fund on 1 January 2008 reached 70 years of age in the year 2007.

2010, c. 5, s. 93.

961.1.5.1. (Repealed).

1991, c. 25, s. 141; 1994, c. 22, s. 292.

961.2. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 93; 1991, c. 25, s. 142.

961.3. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 94; 1991, c. 25, s. 142.

961.4. (Repealed).

1979, c. 18, s. 68; 1984, c. 15, s. 208; 1988, c. 18, s. 95.

961.5. (Repealed).

1979, c. 18, s. 68; 1984, c. 15, s. 209; 1988, c. 18, s. 96; 1991, c. 25, s. 142.

961.5.1. (Repealed).

1982, c. 5, s. 169; 1988, c. 18, s. 96; 1991, c. 25, s. 142.

961.6. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 96; 1991, c. 25, s. 142.

961.7. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 97.

961.8. A designated benefit of an individual in respect of a registered retirement income fund that is received by the legal representative of the last annuitant under the fund is deemed to be received by the individual out of or under the fund at the time it is received by the legal representative and, except for the purposes of paragraph c.1 of section 961.1.5, not to be received out of or under the fund by any other person.

1979, c. 18, s. 68; 1980, c. 13, s. 91; 1988, c. 18, s. 98; 1995, c. 49, s. 214.

961.8.1. Where, at any particular time, an amount is credited or added to a deposit with a depositary referred to in paragraph d of the definition of “carrier” in subsection 1 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) as interest or other income in respect of the deposit and the deposit is, at that time, a registered retirement income fund the annuitant under which was alive during the calendar year in which the amount is credited or added or during the preceding calendar year, the amount is deemed not to be received by the annuitant or any other person solely because of the crediting or adding.

1982, c. 5, s. 170; 1988, c. 18, s. 98; 1991, c. 25, s. 143; 1995, c. 49, s. 214.

CHAPTER II CHANGE IN FUND AFTER REGISTRATION

1979, c. 18, s. 68; 1988, c. 18, s. 99.

961.9. Where a registered retirement income fund is revised or amended or a new fund is substituted therefor, and the fund as revised or amended or the new fund substituted therefor, as the case may be, in this section referred to as the “amended fund”, is deemed, under subsection 11 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), not to be a registered retirement income fund for the purposes of the said Act, the following rules apply:

(a)  the amended fund is deemed, for the purposes of this Part, not to be a registered retirement income fund;

(b)  the individual who was the annuitant under the fund before it became an amended fund shall, in computing his income for the taxation year that includes that day, include as income received out of the fund at that time an amount equal to the fair market value of all the property held in connection with the fund immediately before that time.

1979, c. 18, s. 68; 1984, c. 15, s. 210; 1988, c. 18, s. 100; 1991, c. 25, s. 144.

961.9.1. (Repealed).

1988, c. 18, s. 101; 1991, c. 25, s. 145.

961.9.2. (Repealed).

1988, c. 18, s. 101; 1991, c. 25, s. 145.

961.10. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 102.

961.11. (Repealed).

1979, c. 18, s. 68; 1988, c. 18, s. 102.

CHAPTER III TAXATION

1979, c. 18, s. 68.

961.12. No tax is payable by a trust under this Part for a taxation year if, throughout the period in the year during which the trust is in existence, the trust is governed by a registered retirement income fund.

1979, c. 18, s. 68.

961.13. Notwithstanding section 961.12, a trust governed by a registered retirement income fund shall pay tax under this Part on its taxable income for a taxation year

(a)  if it borrows money in the year or has borrowed money that it has not repaid before the commencement of the year, or

(b)  if it receives in the year a gift of property, other than property transferred in accordance with subparagraph i or ii of paragraph f of subsection 2 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), or received such a gift of property in a preceding year and has not divested itself of that property or any property substituted therefor before the commencement of the year.

1979, c. 18, s. 68; 1991, c. 25, s. 146; 1995, c. 49, s. 215.

961.14. Where section 961.13 does not apply, a trust governed by a registered retirement income fund that carries on a business in a taxation year shall, notwithstanding section 961.12, pay tax under this Part on the amount by which the amount that its taxable income for the year would be if it had no incomes or losses from sources other than that business, exceeds such portion of the taxable income as can reasonably be considered to be income from, or from the disposition of, qualified investments within the meaning of subsection 1 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1979, c. 18, s. 68; 1995, c. 49, s. 216.

961.15. Despite section 961.12, a trust governed by a registered retirement income fund that holds, at any time in a taxation year, a property that is not a qualified investment for the purposes of section 146.3 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), shall pay tax under this Part on the amount that its taxable income for the year would be if the trust had no incomes or losses from sources other than the property that is not a qualified investment for the purposes of that Act and no capital gains or capital losses other than from the disposition of that property.

1979, c. 18, s. 68; 1991, c. 25, s. 147; 2009, c. 5, s. 386.

961.16. For the purposes of section 961.15, income of a trust includes dividends described in sections 501 to 503, and the first paragraph of section 231 shall be construed as if the taxable capital gain or the allowable capital loss were the total capital gain or the total capital loss, as the case may be, from the disposition of property.

1979, c. 18, s. 68; 1984, c. 15, s. 211; 1990, c. 59, s. 328.

961.16.1. Notwithstanding sections 961.12 to 961.16, a trust governed by a registered retirement income fund shall pay tax under this Part on its taxable income for each taxation year after the year following the year in which the last annuitant under the fund died.

1980, c. 13, s. 92; 1988, c. 18, s. 103; 1995, c. 49, s. 217.

CHAPTER IV AMOUNTS TO BE INCLUDED

1979, c. 18, s. 68.

961.17. An individual shall include in computing his income for a taxation year an amount received by him in the year out of or under a registered retirement income fund, other than the portion of that amount that can reasonably be regarded as

(a)  part of the amount included in computing the income of another individual under section 961.17.1;

(b)  an amount received in respect of the income of the trust under the fund for a taxation year referred to in section 961.16.1; or

(c)  an amount that relates to interest, or to another amount included in computing income otherwise than because of any of the provisions of this Title, and that would, if the fund were a registered retirement savings plan, be a tax-paid amount described in subparagraph ii of paragraph c.1 of section 905.1.

An amount transferred on behalf of an individual from a registered retirement income fund of an annuitant is not to be included in computing the income of a taxpayer, solely because of that transfer, where the amount is

(a)  an amount transferred as described in paragraph e of subsection 2 of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(b)  an amount transferred on behalf of an individual who is a spouse or former spouse of the annuitant and who is entitled to the amount under an order or judgment of a competent court, or under a written separation agreement, relating to a partition of property between the annuitant and the annuitant’s spouse or former spouse in settlement of rights arising out of, or on the breakdown of, their marriage, directly to

i.  a registered retirement income fund under which the individual is the annuitant, or

ii.  a registered retirement savings plan under which the individual is the annuitant within the meaning of paragraph b of section 905.1; or

(c)  an amount transferred at the direction of the annuitant directly to a registered pension plan of which, at any time before the transfer, the annuitant was a member, within the meaning of section 965.0.1, or to a prescribed registered pension plan and allocated to the annuitant under a money purchase provision of the plan, within the meaning of section 965.0.1.

1979, c. 18, s. 68; 1980, c. 13, s. 93; 1988, c. 18, s. 104; 1991, c. 25, s. 148; 1994, c. 22, s. 293; 1995, c. 49, s. 236; 1997, c. 14, s. 290; 2000, c. 5, s. 217; 2005, c. 1, s. 200.

961.17.0.1. Where, at any time in a taxation year, a particular amount in respect of a registered retirement income fund that is a spousal plan, within the meaning of paragraph f of section 905.1, in relation to an individual is required to be included in computing the income of the individual’s spouse and the individual is not an individual who is living apart from his spouse at that time because of the breakdown of their marriage, the individual shall include, at that time, in computing his income for the year, the least of the following amounts:

(a)  the aggregate of all amounts each of which is a premium, within the meaning of paragraph e of section 905.1, paid by him in the year or in one of the two immediately preceding taxation years to a registered retirement savings plan under which his spouse was the annuitant, within the meaning of paragraph b of section 905.1, at the time the premium was paid,

(b)  the particular amount, and

(c)  the amount by which the aggregate of all amounts each of which is an amount in respect of the fund that is required, in the year and at or before that time, to be included in computing the income of the individual’s spouse exceeds the minimum amount under the fund for the year.

1988, c. 18, s. 105; 1991, c. 25, s. 149; 1995, c. 1, s. 96.

961.17.0.2. (Repealed).

1988, c. 18, s. 105; 1991, c. 25, s. 150.

961.17.0.3. Where an individual has paid more than one premium described in section 961.17.0.1, such a premium or part thereof paid by him at any time is deemed to have been included in computing his income by virtue of the said section before premiums or parts thereof paid by him after that time.

1988, c. 18, s. 105.

961.17.0.4. Section 961.17.0.1 does not apply

(a)  in respect of an individual at any time during the year in which the individual dies;

(b)  in respect of an individual where either the individual or the annuitant is not a resident in Canada at the particular time referred to in the said section;

(c)  to any payment that is received in full or partial commutation of a registered retirement savings plan or a registered retirement income fund and in respect of which a deduction was made under paragraph f of section 339 if, where the deduction was in respect of the acquisition of an annuity, the terms thereof provide that it cannot be commuted, and it is not commuted, in whole or in part within three years after the acquisition thereof;

(d)  in respect of an amount that is deemed, under the first paragraph of section 961.17.1, to have been received by an annuitant under a registered retirement income fund immediately before his death.

1988, c. 18, s. 105; 1991, c. 25, s. 151.

961.17.0.5. Where, in respect of an amount required, at any time in a taxation year, to be included in computing the income of the individual’s spouse, all or part of a premium has, by virtue of section 961.17.0.1, been included in computing the individual’s income for the year, the following rules apply:

(a)  the premium or part thereof, as the case may be, is, for the purposes of sections 931.1 and 961.17.0.1, after that time, deemed not to have been a premium paid to a registered retirement savings plan under which the individual’s spouse was the annuitant, within the meaning of paragraph b of section 905.1; and

(b)  an amount equal to the premium or part thereof, as the case may be, may be deducted in computing the income of the spouse for the year.

1988, c. 18, s. 105; 1991, c. 25, s. 152.

961.17.1. Where the last annuitant under a registered retirement income fund dies, that annuitant is deemed to have received, immediately before death, an amount out of or under a registered retirement income fund equal to the fair market value of the property of the fund at the time of the death.

However, the annuitant referred to in the first paragraph may deduct from the amount he is deemed to have received under that paragraph an amount not exceeding the amount determined by the formula

A × {1 − [(B + C − D) / (B + C)]}.

For the purposes of the formula in the second paragraph,

(a)  A is the aggregate of

i.  all designated benefits of individuals in respect of the fund,

ii.  all amounts that would, if the fund were a registered retirement savings plan, be tax-paid amounts, within the meaning assigned by paragraph c.1 of section 905.1, in respect of the fund received by individuals who received, otherwise than because of section 961.8, designated benefits in respect of the fund, and

iii.  all amounts each of which is an amount that would, if the fund were a registered retirement savings plan, be a tax-paid amount, within the meaning of paragraph c.1 of section 905.1, in respect of the fund received by the legal representative of the last annuitant under the fund, to the extent that the legal representative would have been entitled to designate that tax-paid amount under subparagraph i of paragraph c.1 of section 961.1.5 if tax-paid amounts were not excluded in determining refunds of premiums as defined in the first paragraph of section 908;

(b)  B is the fair market value of the property of the fund at the particular time that is the later of the end of the first calendar year beginning after the death of the annuitant and the time immediately after the last time that any designated benefit in respect of the fund is received by an individual;

(c)  C is the aggregate of all amounts paid out of or under the fund after the death of the last annuitant and before the particular time; and

(d)  D is the lesser of the fair market value of the property of the fund at the time of the death of the last annuitant thereunder and the aggregate of all amounts determined in respect of the fund under paragraphs b and c.

1980, c. 13, s. 93; 1982, c. 5, s. 171; 1988, c. 18, s. 106; 1995, c. 49, s. 218; 2000, c. 5, s. 218.

961.18. Where, at any time in a taxation year, a trust governed by a registered retirement income fund acquires property for a consideration greater than its fair market value at that time or disposes of property for no consideration or for a consideration less than its fair market value at that time, the annuitant under the fund at that time shall include, in computing his income for the year, twice the difference between such value and such consideration.

1979, c. 18, s. 68; 1988, c. 18, s. 106.

961.19. Where, at any time in a taxation year, a trust governed by a registered retirement income fund acquires an investment that is not a qualified investment for the purposes of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or commences to use or permit to be used a property of the trust as security for a loan, the annuitant under the fund at that time shall include, in computing his income for the year, the fair market value of the investment at the time of the acquisition or, as the case may be, the fair market value of the property at the time the property commences to be so used.

1979, c. 18, s. 68; 1980, c. 13, s. 94; 1988, c. 18, s. 106; 1991, c. 25, s. 153.

CHAPTER V DEDUCTIONS

1979, c. 18, s. 68.

961.20. Where a trust governed by a registered retirement income fund disposes in a taxation year of property that, when acquired and for the purposes of section 146.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), was not a qualified investment the cost of which to the trust was included by virtue of section 961.19 in computing the income of the individual, the individual who was the annuitant under the fund at the time of the disposition may deduct, in computing his income for the year, the lesser of that cost and the proceeds of disposition of the property.

1979, c. 18, s. 68; 1988, c. 18, s. 106; 1991, c. 25, s. 154.

961.21. (1)  Where, at any time in a taxation year, a loan for which a trust governed by a registered retirement income fund has used or permitted to be used trust property as security ceases to be extant and the fair market value of the property so used was included, by virtue of section 961.19, in computing the income of the individual who is the annuitant under the fund, the individual who is at that time the annuitant under the fund may deduct, in computing his income for the year, the amount by which the amount so included in computing the income of an individual in consequence of the trust’s using or permitting to be used the property as security for the loan exceeds the net loss sustained by the trust in consequence of its using or permitting to be used the property as security for the loan.

(2)  However, the loss contemplated in subsection 1 does not include payments made by the trust as interest nor a change in the fair market value of the property.

1979, c. 18, s. 68; 1988, c. 18, s. 107; 1991, c. 25, s. 155.

961.21.0.1. If the last annuitant under a registered retirement income fund dies, there may be deducted in computing the annuitant’s income for the taxation year in which the annuitant dies an amount not exceeding the amount determined, after all amounts payable under the fund have been paid, by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the aggregate of all amounts each of which is

i.  the amount deemed by the first paragraph of section 961.17.1 to have been received by the annuitant out of or under the fund,

ii.  an amount (other than an amount described in subparagraph iii) received, after the death of the annuitant, by an individual out of or under the fund and included under the first paragraph of section 961.17 in computing the individual’s income, or

iii.  an amount that would, if the fund were a registered retirement savings plan, be a tax-paid amount, within the meaning of section 905.1, in respect of the fund; and

(b)  B is the aggregate of all amounts paid out of or under the fund after the death of the annuitant.

2010, c. 5, s. 94.

961.21.0.2. Unless the Minister has waived in writing the application of this section with respect to all or any portion of the amount determined in section 961.21.0.1, that section does not apply in respect of an annuitant under a registered retirement income fund if

(a)  after the death of the annuitant, a trust governed by the fund held an investment that was not a qualified investment for the purposes of section 146.3 of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)); or

(b)  the last payment out of or under the fund was made after the end of the year following the year in which the annuitant died.

2010, c. 5, s. 94.

961.21.1. An amount transferred on behalf of an individual from a registered retirement income fund of an annuitant is not to be deducted in computing the income of a taxpayer, where the amount so transferred is transferred in a situation described in any of subparagraphs a to c of the second paragraph of section 961.17.

2005, c. 1, s. 201.

CHAPTER VI

Repealed, 1991, c. 25, s. 156.

1979, c. 18, s. 68; 1991, c. 25, s. 156.

961.22. (Repealed).

1979, c. 18, s. 68; 1982, c. 5, s. 172; 1991, c. 25, s. 156.

TITLE V.2 ELECTION IN RESPECT OF A UNIT IN A QUALIFIED TRUST

1987, c. 67, s. 174; 1995, c. 49, s. 219; 1997, c. 3, s. 71; 2006, c. 13, s. 66.

961.23. In this Title, “qualified trust” has the meaning assigned by subsection 5 of section 259 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1987, c. 67, s. 174; 1995, c. 49, s. 219; 1997, c. 3, s. 42; 2006, c. 13, s. 67.

961.24. For the purposes of sections 898.1.1, 921.2, 926, 933, 935.22, 961.15, 961.19 and 961.20, where, at a particular time, a taxpayer that is a trust governed by a registered education savings plan, a tax-free savings account, a registered retirement savings plan or a registered retirement income fund acquires, holds or disposes of a unit in a qualified trust, the qualified trust may, to the extent that it has made a valid election, in respect of a period, under subsection 1 of section 259 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), elect in the prescribed manner, in respect of that period, to have the following rules apply:

(a)  the taxpayer is deemed not to acquire, hold or dispose of at that time, as the case may be, the unit;

(b)  where the taxpayer holds the unit at that time, the taxpayer is deemed to hold at that time that proportion, referred to in this section as the “specified portion”, of each property, in this section referred to as a “relevant property”, held by the qualified trust at that time that one or, where the unit is a fraction of a whole unit, that fraction, is of the number of units of the qualified trust outstanding at that time;

(c)  (paragraph repealed);

(d)  where that time is the later of the time the qualified trust acquires the relevant property and the time the taxpayer acquires the unit, the taxpayer is deemed to acquire the specified portion of a relevant property at that time;

(e)  where that time is the time the specified portion of a relevant property is deemed under paragraph d to have been acquired, the fair market value of the specified portion of the relevant property at that time is deemed to be the specified portion of the fair market value of the relevant property at the time of its acquisition by the qualified trust;

(f)  where that time is the time immediately before the time the qualified trust disposes of a particular relevant property, the taxpayer is deemed to dispose of, immediately after that time, the specified portion of the particular relevant property for proceeds equal to the specified portion of the proceeds of disposition to the qualified trust of the particular relevant property;

(g)  where that time is the time immediately before the time the taxpayer disposes of the unit, the taxpayer is deemed to dispose of, immediately after that time, the specified portion of each relevant property for proceeds equal to the specified portion of the fair market value of that relevant property at that time; and

(h)  where the taxpayer is deemed because of this section to have acquired a portion of a relevant property as a consequence of the acquisition of the unit by the taxpayer and the acquisition of the relevant property by the qualified trust, and subsequently to have disposed of the specified portion of the relevant property, the specified portion of the relevant property is, for the purpose of determining the consequences under this Act of the disposition and without affecting the proceeds of disposition of the specified portion of the relevant property, deemed to be the portion of the relevant property the taxpayer is deemed to have acquired.

1987, c. 67, s. 174; 1995, c. 49, s. 219; 2006, c. 13, s. 68; 2009, c. 15, s. 171.

961.24.1. (Repealed).

1995, c. 49, s. 219; 2005, c. 23, s. 124.

961.24.2. (Repealed).

1995, c. 49, s. 219; 1997, c. 3, s. 71; 2005, c. 23, s. 125; 2006, c. 13, s. 69.

961.24.3. (Repealed).

1995, c. 49, s. 219; 1997, c. 3, s. 71; 2005, c. 23, s. 126.

961.24.4. If a qualified trust makes an election under section 961.24,

(a)  it shall provide notification of the election

i.  not later than 30 days after making the election, to each person who held a unit in the qualified trust before the election was made and during the period for which the election is applicable, and

ii.  at the time of acquisition, to each person who acquires a unit in the qualified trust after the election has been made and during the period for which the election is applicable; and

(b)  where a person who holds a unit in the qualified trust during the period for which the election is applicable makes a written request to the qualified trust for information that is necessary for the purpose of determining the consequences under this Part of the election for that person, the qualified trust shall provide the person with that information not later than 30 days after receiving the request.

1995, c. 49, s. 219; 1997, c. 3, s. 71; 2005, c. 23, s. 127; 2006, c. 13, s. 70.

TITLE VI REGISTERED SUPPLEMENTARY UNEMPLOYMENT BENEFIT PLANS

1972, c. 23.

962. (1)  For the purposes of this Part, a supplementary unemployment benefit plan is an arrangement under which an employer pays to a trust sums of money to be used exclusively to pay a periodic amount to an employee or former employee of the employer who is laid off for a temporary or indefinite period.

(2)  The plan contemplated in subsection 1 does not include however an arrangement in the nature of a pension plan or a profit sharing plan.

(3)  A supplementary unemployment benefit plan is registered when approved by the Minister for registration for the purposes of this Part and the regulations in respect of its constitution and operations for the taxation year under consideration.

1972, c. 23, s. 694.

963. No tax is payable by a trust under this Part for the period during which it is governed by a registered supplementary unemployment benefit plan.

1972, c. 23, s. 695.

964. An employer may deduct from his income for a taxation year any amount which he pays in such year or within 30 days thereafter to a trust governed by a plan contemplated in section 962, to the extent that such amount was not deductible in computing his income for a previous taxation year.

The employer must include any amount which he receives following an amendment to or modification of the plan or following the winding-up of the plan.

1972, c. 23, s. 696.

965. A beneficiary of a plan contemplated in section 962 must include in computing his income for a taxation year any amount which he receives from the trust under such plan in that year.

1972, c. 23, s. 697.

TITLE VI.0.1 REGISTERED PENSION PLANS

1991, c. 25, s. 157.

CHAPTER I DEFINITIONS

1991, c. 25, s. 157.

965.0.1. For the purposes of this Title,

“defined benefit provision” of a pension plan has the meaning assigned by subsection 1 of section 147.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

“licensed annuities provider” means a person who is licensed or otherwise authorized under a law of Canada or a province to carry on an annuities business in Canada;

“member” of a pension plan means an individual who has a right, either immediate or in the future and either absolute or contingent, to receive benefits under the plan, other than an individual who has such a right only by reason of the participation of another individual in the plan;

“money purchase provision” of a pension plan has the meaning assigned by subsection 1 of section 147.1 of the Income Tax Act;

“single amount” means an amount that is not part of a series of periodic payments.

1991, c. 25, s. 157; 1994, c. 22, s. 294; 2000, c. 5, s. 219.

965.0.1.1. Any reference in this Part and the regulations to a pension plan as registered means the terms of the plan on the basis of which the Minister of Revenue of Canada has registered the plan for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) and as amended by each amendment referred to in paragraph a or b of subsection 15 of section 147.1 of that Act, and includes all terms that are not contained in the documents constituting the plan but that are terms of the plan by reason of the Pension Benefits Standards Act, 1985 (Revised Statutes of Canada, 1985, chapter 32, 2nd Supplement) or a similar law of a province.

2000, c. 5, s. 220.

CHAPTER II DEDUCTIONS

1991, c. 25, s. 157.

965.0.2. An employer may deduct, in computing his income for a taxation year ending after 31 December 1990, the amount that, by virtue of paragraph q of subsection 1 of section 20 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), is allowed as a deduction for the year in computing his income for the purposes of the said Act.

1991, c. 25, s. 157.

965.0.3. An individual may deduct, in computing his income for a taxation year ending after 31 December 1990, an amount equal to the aggregate of the following amounts:

(a)  the amounts that, by virtue of paragraph m of subsection 1 of section 8 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), are allowed as a deduction for the year in respect of the individual in computing his income for the purposes of the said Act, to the extent that the said paragraph refers to paragraph a of subsection 4 of section 147.2 of the said Act,

(b)  the least of the following amounts:

i.  the amount described in the second paragraph,

ii.  $5,500, and

iii.  the amount determined by the formula

($5,500 × Y) − Z;

(c)  the lesser of the following amounts:

i.  the amount by which

(1)  the aggregate of all amounts each of which is a contribution, other than an additional voluntary contribution, a contribution prescribed by regulation for the purposes of clause A of subparagraph i of paragraph c of subsection 4 of section 147.2 of the Income Tax Act or a contribution included in the aggregate determined in respect of the individual for the year under subparagraph a of the second paragraph, made by the individual in the year or any preceding taxation year and after 31 December 1962, to a registered pension plan in respect of a particular year before the year 1990, if all or any part of the particular year is included in the individual’s eligible service under the plan, exceeds

(2)  the aggregate of all amounts each of which is an amount deducted, in computing the individual’s income for any preceding taxation year, in respect of contributions included in the aggregate determined in respect of the individual for the year under subparagraph 1, and

ii.  the amount by which $5,500 exceeds the aggregate of the amounts deducted by reason of paragraphs a and b in computing the individual’s income for the year.

The amount referred to in subparagraph i of subparagraph b of the first paragraph is equal to the amount by which

(a)  the aggregate of all amounts each of which is a contribution, other than an additional voluntary contribution or a contribution prescribed by regulation for the purposes of clause A of subparagraph i of paragraph b of subsection 4 of section 147.2 of the Income Tax Act, made by the individual in the year or any preceding taxation year and after 31 December 1945, to a registered pension plan in respect of a particular year before the year 1990, if all or any part of the particular year is included in the individual’s eligible service under the plan and if

i.  in the case of a contribution that the individual made before 28 March 1988 or was obliged to make under the terms of an agreement in writing entered into before that date, the individual was not a contributor to the plan in the particular year, or

ii.  in any other case, the individual was not a contributor to any registered pension plan in the particular year, exceeds

(b)  the aggregate of all amounts each of which is an amount deducted, in computing the individual’s income for any preceding taxation year, in respect of contributions included in the aggregate determined in respect of the individual for the year under subparagraph a.

For the purposes of the formula set forth in subparagraph iii of subparagraph b of the first paragraph,

(a)  Y is the number of calendar years before the year 1990 each of which is

i.  a year all or any part of which is included in the individual’s eligible service under a registered pension plan to which the individual has made a contribution that is included in the aggregate determined under subparagraph a of the second paragraph, if the individual was not a contributor to any registered pension plan in that year, or

ii.  a year all or any part of which is included in the individual’s eligible service under a registered pension plan to which the individual has made a contribution before 28 March 1988, or was obliged to make a contribution under the terms of an agreement in writing entered into before that date, that is included in the aggregate determined under subparagraph a of the second paragraph, if the individual was not a contributor to the plan in that year, and

(b)  Z is the aggregate of all amounts each of which is an amount deducted in computing the individual’s income for any preceding taxation year

i.  in respect of contributions included in the aggregate determined in respect of the individual for the year under subparagraph a of the second paragraph, or

ii.  where the preceding year is before the year 1987, under paragraph c of section 70 to the extent permitted by paragraph b of section 71, as it read for that preceding year, in respect of additional voluntary contributions made in respect of a year that satisfies the conditions specified in subparagraph a.

1991, c. 25, s. 157; 2000, c. 5, s. 221.

965.0.4. (Repealed).

1991, c. 25, s. 157; 1995, c. 63, s. 98; 1998, c. 16, s. 213.

965.0.4.1. Where a taxpayer dies in a taxation year, for the purpose of computing the taxpayer’s income for the year and the preceding taxation year, the following rules apply:

(a)  subparagraph b of the first paragraph of section 965.0.3 shall be read without reference to subparagraph ii thereof; and

(b)  subparagraph c of the first paragraph of section 965.0.3 shall be read as follows:

“(c) the amount by which

i. the aggregate of all amounts each of which is a contribution, other than an additional voluntary contribution, a contribution prescribed by regulation for the purposes of clause A of subparagraph i of paragraph c of subsection 4 of section 147.2 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or a contribution included in the aggregate determined in respect of the individual for the year under subparagraph a of the second paragraph, made by the individual in the year or any preceding taxation year and after 31 December 1962, to a registered pension plan in respect of a particular year before the year 1990, if all or any part of the particular year is included in the individual’s eligible service under the plan, exceeds

ii. the aggregate of all amounts each of which is an amount deducted, in computing the individual’s income for any preceding taxation year, in respect of contributions included in the aggregate determined in respect of the individual for the year under subparagraph i.”

2000, c. 5, s. 222.

CHAPTER III TRANSFERS

1991, c. 25, s. 157.

965.0.5. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount,

(b)  the amount is transferred on behalf of a member in full or partial satisfaction of his entitlement to benefits under a money purchase provision of the plan as registered, and

(c)  the amount is transferred directly to

i.  another registered pension plan to provide benefits in respect of the member under a money purchase provision of that plan,

ii.  a registered retirement savings plan under which the member is the annuitant, within the meaning of paragraph b of section 905.1, or

iii.  a registered retirement income fund under which the member is the annuitant, within the meaning of paragraph d of section 961.1.5.

1991, c. 25, s. 157; 1994, c. 22, s. 295.

965.0.6. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount,

(b)  the amount is transferred on behalf of a member in full or partial satisfaction of his entitlement to benefits under a money purchase provision of the plan as registered, and

(c)  the amount is transferred directly to another registered pension plan to fund benefits provided in respect of the member under a defined benefit provision of that plan.

1991, c. 25, s. 157.

965.0.7. An amount is transferred from a registered pension plan, in this section referred to as the “transferor plan”, in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount,

(b)  the amount consists of all or any part of the property held in connection with a defined benefit provision of the transferor plan,

(c)  the amount is transferred directly to another registered pension plan to be held in connection with a defined benefit provision of the other plan, and

(d)  the amount is transferred as a consequence of benefits becoming provided under the defined benefit provision of the other plan to one or more individuals who were members of the transferor plan.

1991, c. 25, s. 157.

965.0.8. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount no portion of which relates to an actuarial surplus,

(b)  the amount is transferred on behalf of a member in full or partial satisfaction of benefits to which the member is entitled, either absolutely or contingently, under a defined benefit provision of the plan as registered,

(c)  the amount does not exceed the amount referred to in paragraph c of subsection 4 of section 147.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and

(d)  the amount is transferred directly to

i.  another registered pension plan and allocated to the member under a money purchase provision of that plan,

ii.  a registered retirement savings plan under which the member is the annuitant, within the meaning of paragraph b of section 905.1, or

iii.  a registered retirement income fund under which the member is the annuitant, within the meaning of paragraph d of section 961.1.5.

1991, c. 25, s. 157; 1994, c. 22, s. 296.

965.0.8.1. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is transferred in respect of the actuarial surplus under a defined benefit provision of the plan, and

(b)  the amount is transferred directly to another registered pension plan and allocated under a money purchase provision of that plan to one or more members of that plan.

1994, c. 22, s. 297.

965.0.9. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount no portion of which relates to an actuarial surplus,

(b)  the amount is transferred on behalf of an individual who is the spouse or former spouse of a member of the plan and who is entitled to the amount under a decree, order or judgment of a competent tribunal, or under a written separation agreement, relating to a partition of property between the member and the individual in settlement of rights arising out of, or on the breakdown of, their marriage, and

(c)  the amount is transferred directly to

i.  another registered pension plan for the benefit of the individual,

ii.  a registered retirement savings plan under which the individual is the annuitant, within the meaning of paragraph b of section 905.1, or

iii.  a registered retirement income fund under which the individual is the annuitant, within the meaning of paragraph d of section 961.1.5.

1991, c. 25, s. 157; 1994, c. 22, s. 298; 1995, c. 49, s. 236; 1997, c. 14, s. 290; 2003, c. 2, s. 257.

965.0.10. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount,

(b)  the amount is transferred on behalf of a member who is entitled to the amount as a return of contributions made by him under a defined benefit provision of the plan before 1 January 1991, or as interest, computed at a reasonable rate, in respect of those contributions, and

(c)  the amount is transferred directly to

i.  another registered pension plan for the benefit of the member,

ii.  a registered retirement savings plan under which the member is the annuitant, within the meaning of paragraph b of section 905.1, or

iii.  a registered retirement income fund under which the member is the annuitant, within the meaning of paragraph d of section 961.1.5.

1991, c. 25, s. 157; 1994, c. 22, s. 299.

965.0.11. An amount is transferred from a registered pension plan in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount no portion of which relates to an actuarial surplus,

(b)  the amount is transferred on behalf of an individual who is entitled to the amount as a consequence of the death of a member of the plan and who was a spouse or former spouse of the member at the date of the member’s death, and

(c)  the amount is transferred directly to

i.  another registered pension plan for the benefit of the individual,

ii.  a registered retirement savings plan under which the individual is the annuitant, within the meaning of paragraph b of section 905.1, or

iii.  a registered retirement income fund under which the individual is the annuitant, within the meaning of paragraph d of section 961.1.5.

1991, c. 25, s. 157; 1994, c. 22, s. 300.

965.0.11.1. An amount is transferred from a registered pension plan, in this section referred to as the “transferor plan”, in accordance with this section if

(a)  the amount is a single amount;

(b)  the amount is transferred in respect of the surplus under a money purchase provision, in this section referred to as the “former provision”, of the transferor plan;

(c)  the amount is transferred directly to another registered pension plan to be held in connection with a money purchase provision, in this section referred to as the “current provision”, of the other plan;

(d)  the amount is transferred in conjunction with the transfer of amounts from the former provision to the current provision on behalf of all or a significant number of members of the transferor plan whose benefits under the former provision are replaced by benefits under the current provision; and

(e)  the transfer is acceptable, for the purposes of paragraph e of subsection 7.1 of section 147.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), to the Minister of National Revenue and that Minister has so notified the administrator of the transferor plan in writing.

For the purposes of subparagraph b of the first paragraph, “surplus” has the meaning assigned for the purposes of paragraph b of subsection 7.1 of section 147.3 of the Income Tax Act.

2003, c. 2, s. 258.

965.0.12. An amount is transferred from a registered pension plan, in this section referred to as the “transferor plan”, in accordance with this section if the following conditions are satisfied:

(a)  the amount is a single amount,

(b)  the amount is transferred in respect of the actuarial surplus under a defined benefit provision of the transferor plan;

(c)  the amount is transferred directly to another registered pension plan to be held in connection with a money purchase provision of the other plan;

(d)  the amount is transferred in conjunction with the transfer of other amounts from the defined benefit provision to the money purchase provision on behalf of all or a significant number of members of the transferor plan whose benefits under the defined benefit provision are replaced by benefits under the money purchase provision, and

(e)  the transfer is acceptable to the Minister of Revenue of Canada for the purposes of paragraph e of subsection 8 of section 147.3 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), and the Minister has so notified the administrator of the transferor plan in writing.

1991, c. 25, s. 157; 2000, c. 5, s. 293; 2003, c. 2, s. 259.

965.0.13. Where an amount is transferred in accordance with sections 965.0.5 to 965.0.12, the following rules apply:

(a)  the amount shall not, by reason only of that transfer, be included in computing the income of any individual by reason of section 317, and

(b)  no deduction may be made under any provision of this Part in computing the income of any individual in respect of the amount transferred.

1991, c. 25, s. 157.

965.0.14. Where, on behalf of an individual, an amount is transferred from a registered pension plan, in this section referred to as the “transferor plan”, to another registered pension plan, a registered retirement savings plan or a registered retirement income fund and the transfer is not in accordance with any of sections 965.0.5 to 965.0.11, the amount is deemed to have been paid from the transferor plan to the individual.

1991, c. 25, s. 157; 1994, c. 22, s. 301; 2000, c. 5, s. 223.

965.0.15. Where an amount is transferred from a registered pension plan to another registered pension plan, to a registered retirement savings plan or to a registered retirement income fund, and a portion, but not all, of the amount is transferred in accordance with any of sections 965.0.5 to 965.0.12, the following rules apply:

(a)  section 965.0.13 applies in respect of the portion of the amount that is transferred in accordance with any of sections 965.0.5 to 965.0.12, and

(b)  section 965.0.14 applies in respect of the remainder of the amount.

1991, c. 25, s. 157; 1994, c. 22, s. 302.

965.0.16. Where the transfer in a calendar year of an amount from a registered pension plan on behalf of a member of the plan would, but for this section, be in accordance with section 965.0.5 or 965.0.6 and, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the registration of the plan is revocable at the end of the year as a consequence of an excess determined under any of paragraphs a and b of subsection 8 or 9 of section 147.1 of the said Act in respect of the member, such portion of the amount transferred as may reasonably be considered to derive from amounts allocated or reallocated to the member in the year or from earnings reasonably attributable to those amounts is deemed to be an amount that was not transferred in accordance with section 965.0.5 or 965.0.6, as the case may be, except to the extent expressly provided in writing by the Minister of Revenue of Canada for the purposes of subsection 13 of section 147.3 of the said Act.

1991, c. 25, s. 157; 2000, c. 5, s. 293.

965.0.16.1. An individual may deduct, in computing his income for a taxation year, the amount deductible for the year in computing his income for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), under subsection 13.1 of section 147.3 of the said Act.

1994, c. 22, s. 303.

965.0.17. For the purposes of this chapter, where property held in connection with a particular pension plan is made available to pay benefits under another pension plan, the property is deemed to have been transferred from the particular plan to the other plan.

1991, c. 25, s. 157.

965.0.17.1. Where property held in connection with a benefit provision of a registered pension plan is made available to pay benefits under another benefit provision of the plan, sections 965.0.13 to 965.0.15 apply in respect of the transaction by which the property is made so available in the same manner as they would apply if the other benefit provision were in another registered pension plan.

2000, c. 5, s. 224.

CHAPTER IV ACQUISITION OF AN ANNUITY CONTRACT

2000, c. 5, s. 224.

965.0.17.2. For the purposes of this Part, the rules provided in the second paragraph apply where at any time an individual acquires, in full or partial satisfaction of the individual’s entitlement to benefits under a registered pension plan, an interest in an annuity contract purchased from a licensed annuities provider and

(a)  the rights provided for under the contract are not materially different from those provided for under the plan as registered;

(b)  the contract does not permit premiums to be paid at or after that time, other than a premium paid at that time out of or under the plan to purchase the contract;

(c)  either the plan is not a plan in respect of which the Minister of Revenue of Canada may, under subsection 11 of section 147.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), give a notice of intent to revoke the registration of the plan or the Minister of Revenue of Canada waves the application of paragraph d of subsection 1 of section 147.4 of that Act with respect to the contract and so notifies the administrator of the plan in writing; and

(d)  the individual has not acquired the interest in the contract as a consequence of a transfer of property from the plan to a registered retirement savings plan or a registered retirement income fund.

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

(a)  the individual is deemed not to have received an amount out of or under the registered pension plan as a consequence of acquiring the interest in the annuity contract; and

(b)  except for the purposes of sections 965.0.5 to 965.0.17.1, any amount received at or after the time referred to in the first paragraph by any individual under the contract is deemed to have been received under the registered pension plan.

2000, c. 5, s. 224.

965.0.17.3. For the purposes of this Part, the rules set out in the second paragraph apply where an amendment is made at any time to an annuity contract to which section 965.0.17.2 or paragraph a of section 2.3 applies and the rights provided for under the contract are materially altered because of the amendment, other than an amendment the sole effect of which is

(a)  to defer annuity commencement to not later than the end of the year in which the individual in respect of whom the annuity contract was purchased reaches 71 years of age; or

(b)  to enhance benefits under the annuity contract in connection with the demutualization, as defined in section 832.11, of an insurance corporation that is considered for the purposes of sections 832.11 to 832.25 to have been a party to the annuity contract.

The rules to which the first paragraph refers are the following:

(a)  each individual who has an interest in the annuity contract immediately before the time referred to in the first paragraph is deemed to have received at that time an amount under a pension plan equal to the fair market value of the interest immediately before that time;

(b)  the contract as amended is deemed to be a separate annuity contract issued at the time referred to in the first paragraph otherwise than pursuant to a pension plan; and

(c)  each individual who has an interest in the separate annuity contract immediately after the time referred to in the first paragraph is deemed to have acquired the interest at that time at a cost equal to the fair market value of the interest immediately after that time.

2000, c. 5, s. 224; 2001, c. 53, s. 202; 2009, c. 5, s. 387.

965.0.17.4. For the purposes of this Part, where an annuity contract, in this section referred to as the “original contract”, to which section 965.0.17.2 or paragraph a of section 2.3 applies is, at any time, replaced by another contract, the following rules apply:

(a)  the other contract is deemed to be the same contract as, and a continuation of, the original contract if the rights provided for under the other contract

i.  are not materially different from those provided for under the original contract, or

ii.  are materially different from those provided for under the original contract only because of an enhancement of benefits that can reasonably be considered to have been provided solely in connection with the demutualization, as defined in section 832.11, of an insurance corporation that is considered for the purposes of sections 832.11 to 832.25 to have been a party to the original contract; and

(b)  in any other case, each individual who has an interest in the original contract immediately before that time is deemed to have received at that time an amount under a pension plan equal to the fair market value of the interest immediately before that time.

2000, c. 5, s. 224; 2001, c. 53, s. 203.

965.0.18. (Repealed).

1998, c. 16, s. 214; 2000, c. 5, s. 225; 2009, c. 5, s. 388.

TITLE VI.1 STOCK SAVINGS PLANS

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1983, c. 44, s. 69.

CHAPTER I INTERPRETATION

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1983, c. 44, s. 69.

965.1. In this Title,

(a)  “assets” means the assets of a corporation as determined under sections 965.3 to 965.3.2 and 965.4.1.2;

(b)  “qualifying share” means a share that is not referred to in section 965.9.4 or 965.9.7.0.1 and meeting the requirements of any of sections 965.7, 965.9, 965.9.1.0.0.1, 965.9.1.0.1 to 965.9.1.0.6 and 965.9.1.1 and, with the necessary modifications, a fraction of such a share not reimbursed;

(b.0.1)  “common share with voting rights” means a common share carrying a right to vote in all circumstances in the issuing corporation that is neither a common share with full voting rights nor a subordinate voting share;

(b.1)  (paragraph repealed);

(b.2)  (paragraph repealed);

(b.3)  “valid share” means a share described in section 965.9.7.1 or 965.9.7.2;

(c)  (paragraph repealed);

(c.1)  “paid-up capital”

i.  in respect of a share of the capital stock of a corporation means the amount appearing in its books in the capital stock account in respect of that share and any amount appearing elsewhere in its books and received in consideration for the issue of that share, and

ii.  in respect of a subscription right in a share of the capital stock of a corporation means the amount appearing in its books in the capital stock account in respect of that right and received in consideration for the issue of that right;

(d)  (paragraph repealed);

(d.1)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  “dealer” means a dealer, within the meaning defined in section 5 of the Securities Act (chapter V-1.1), having an establishment in Québec and registered with the Autorité des marchés financiers and, after 30 September 1983, an unincorporated mutual fund or a mutual fund within the meaning of the said Act and an insurer, a bank, a corporation licensed or otherwise authorized under the laws of Canada or a province to carry on therein the business of offering its services as trustee, a savings and credit union and any other prescribed person;

(g)  “adjusted cost” means the adjusted cost of a share, qualifying security or qualifying non-guaranteed convertible security as determined under sections 965.6 to 965.6.0.5;

(g.1)  “non-guaranteed convertible security issue” means the distribution of any non-guaranteed convertible security in accordance with a receipt granted after 2 May 1991 by the Autorité des marchés financiers and in respect of which the application for a receipt has been filed before 13 June 2003;

(h)  “public share issue” means the distribution of a share or subscription right in a share made in accordance with a receipt from the Autorité des marchés financiers, provided that the application for a receipt has been filed before 13 June 2003, or in accordance with an exemption from filing a prospectus provided for in section 52 or 263 of the Securities Act or, if section 965.9.1.1 applies, in section 51 of that Act, provided that the distribution has been made before 13 June 2003;

(h.0.1)  “public security issue” means the distribution of any security in accordance with a receipt or an exemption from filing a prospectus granted by the Autorité des marchés financiers and in respect of which the application for a receipt or an exemption from filing a prospectus has been filed before 13 June 2003;

(h.0.1.1)  “convertible security issue” means the distribution of a convertible security in accordance with a receipt or an exemption from filing a prospectus granted by the Autorité des marchés financiers and in respect of which the application for a receipt or an exemption from filing a prospectus has been filed before 13 June 2003;

(h.0.2)  “investment fund” means an investment fund described in section 965.6.21;

(h.1)  “investment group” means a group of individuals described in section 965.6.1;

(h.2)  “stock ownership plan” means a plan described in section 965.6.8;

(i)  “stock savings plan” means an arrangement described in section 965.2;

(j)  “total income”, in respect of an individual for a year means the amount by which the individual’s income for the year that would be determined under section 28 but for paragraph k.0.1 of section 311, section 311.1 where that section applies to a social assistance payment other than a payment received as last resort financial assistance under the Act respecting income support, employment assistance and social solidarity (chapter S-32.001) or as similar government assistance, and paragraph a of section 317 where that paragraph refers to the amount of any supplement or allowance received under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9) or to a payment similar to such a supplement or allowance made under a law of a province, exceeds the amount the individual deducts for the year in computing the individual’s taxable income under Titles VI.5 and VI.5.1 of Book IV;

(j.0.0.1)  “venture capital corporation” means a corporation

i.  whose main activity consists in investing funds in the form of shares of the capital stock of another corporation,

ii.  that generally participates in the management of the other corporation in which it invests funds,

iii.  whose funds it invests in another corporation are generally not guaranteed by the assets of the other corporation, and

iv.  whose initial investment in another corporation does not exceed 20% of its funds available for investments of that kind;

(j.0.1)  “qualified corporation” means a corporation mentioned in any of sections 965.10, 965.11.1, 965.11.5, 965.11.6 and 965.11.7.1 and not referred to in sections 965.11.11 to 965.11.20 or governed by an Act establishing a labour-sponsored fund, by the Act respecting Québec business investment companies (chapter S-29.1) or by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

(j.0.2)  “growth corporation” means a corporation described in any of sections 965.17.2 to 965.17.5 that is not governed by one of the Acts mentioned in paragraph j.0.1;

(j.0.3)  (paragraph repealed);

(j.1)  “security” means any investment in an investment fund;

(j.2)  “qualifying security” means a security meeting the requirements of section 965.9.8;

(j.3)  “valid qualifying security” in respect of a year means a qualifying security acquired by an individual in that year and held without interruption, throughout that part of the year which follows the acquisition, in a stock savings plan of which the individual is beneficiary;

(j.4)  “non-guaranteed convertible security” means a debenture or non-guaranteed preferred share, other than a qualifying share, debenture or preferred share issued as part of a convertible security issue, that may be converted at any time by the holder only into a common share with voting rights;

(j.5)  “qualifying non-guaranteed convertible security” means a non-guaranteed convertible security not referred to in section 965.9.8.5 or 965.9.8.10 and meeting the requirements of section 965.9.8.1;

(k)  “negotiable instrument” means any form of investment contemplated in section 1 of the Securities Act, disregarding the exception provided in subparagraph 3 of the first paragraph of that section;

(l)  “convertible security” means a debenture or preferred share, other than a qualifying share, that has been acquired for money consideration as part of a convertible security issue or acquired in replacement or substitution for a convertible security and that may be converted by the holder only into a common share with voting rights, a common share with full voting rights or a subordinate voting share.

1979, c. 14, s. 4; 1981, c. 31, s. 211; 1982, c. 48, s. 341; 1983, c. 44, s. 37; 1984, c. 15, s. 212; 1984, c. 35, s. 20; 1986, c. 15, s. 135; 1987, c. 21, s. 36; 1987, c. 67, s. 175; 1988, c. 4, s. 82; 1989, c. 5, s. 159; 1990, c. 7, s. 85; 1992, c. 1, s. 87; 1993, c. 19, s. 75; 1993, c. 64, s. 97; 1995, c. 1, s. 97; 1995, c. 63, s. 99; 1996, c. 39, s. 246; 1997, c. 3, s. 43; 1997, c. 85, s. 203; 2000, c. 39, s. 105; 2001, c. 53, s. 204; 2002, c. 9, s. 28; 2002, c. 40, s. 89; 2002, c. 45, s. 521; 2003, c. 9, s. 123; 2004, c. 21, s. 224; 2004, c. 37, s. 90; 2005, c. 38, s. 214; 2006, c. 13, s. 71.

CHAPTER II GENERALITIES

1983, c. 44, s. 37.

965.2. A stock savings plan is an arrangement made between an individual who is not a trust, or an investment group and a dealer, under which that individual or investment group entrusts to that dealer the custody of such of his or its qualifying shares, valid shares and qualifying non-guaranteed convertible securities as he or it may indicate that are not included in any other plan of any kind for the purposes of this Act, except a prescribed plan.

A stock savings plan is also an arrangement made between an individual who is not a trust and a dealer or an investment fund, under which the individual entrusts

(a)  to the dealer the custody of such of his qualifying securities as he may indicate that are not included in any other plan of any kind for the purposes of this Act, except a prescribed plan; or

(b)  to the investment fund the custody of such of his qualifying securities, issued by the investment fund, as he may indicate that are not included in any other plan of any kind for the purposes of this Act, except a prescribed plan.

1979, c. 14, s. 4; 1982, c. 48, s. 342; 1983, c. 44, s. 37; 1986, c. 15, s. 136; 1988, c. 4, s. 83; 1989, c. 5, s. 160; 1990, c. 7, s. 86; 1992, c. 1, s. 88; 1995, c. 1, s. 98.

965.3. The assets of a corporation are the assets shown in its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, less the surplus reassessment of its property and less the amount of its incorporeal assets that exceeds the expenditure made in that respect without taking account of any consideration for the purchase of those incorporeal assets which consists of shares of the corporation’s capital stock.

1979, c. 14, s. 4; 1982, c. 48, s. 343; 1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 37; 1995, c. 63, s. 100; 1997, c. 3, s. 71; 2005, c. 1, s. 202.

965.3.1. The assets of a corporation which is associated with another corporation in the 12 months preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, are the aggregate of the assets of the corporation and of each corporation associated with it, as determined under section 965.3 or 965.3.2, as the case may be, less the amount of investments the corporations own in each other, and less the balance of accounts between the corporations.

1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 38; 1989, c. 5, s. 161; 1997, c. 3, s. 44; 2003, c. 9, s. 124.

965.3.2. The assets of a corporation which, within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, results from an amalgamation within the meaning of section 544 are equivalent to the greater of the following amounts:

(a)  the greatest amount, where such is the case, of the assets, as determined under section 965.3 of the corporation resulting from the amalgamation; and

(b)  the amount of the aggregate of the assets of each of the predecessor corporations as determined under section 965.3 by replacing the reference in that section to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus by a reference to its financial statements submitted to the shareholders for each of the taxation years ended during the 365 days preceding the time of amalgamation and taking account of only the greatest amount, where such is the case, of the assets of each of the predecessor corporations.

1987, c. 21, s. 39; 1997, c. 3, s. 71.

965.4. (Repealed).

1979, c. 14, s. 4; 1982, c. 26, s. 302; 1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 40; 1995, c. 63, s. 101; 1997, c. 3, s. 71; 2003, c. 9, s. 125.

965.4.1. (Repealed).

1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 41; 1989, c. 5, s. 162; 1997, c. 3, s. 71; 2003, c. 9, s. 125.

965.4.1.1. (Repealed).

1987, c. 21, s. 42; 1997, c. 3, s. 71; 2003, c. 9, s. 125.

965.4.1.2. For the purposes of sections 965.3 to 965.3.2, the assets shall be computed by making every possible combination in such computation in respect of each fiscal period of each corporation referred to, where that is the case, in those sections.

1987, c. 21, s. 42; 1997, c. 3, s. 71; 2003, c. 9, s. 126.

965.4.2. For the purposes of section 965.3, the following rules apply:

(a)  where any of the computations referred to therein must be made in respect of a corporation that is in its first fiscal period, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus shall be replaced by a reference to its financial statements at the beginning of its first fiscal period; and

(b)  where any of the computations referred to therein must be made in respect of a corporation that, within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, modified its usual and accepted fiscal period, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus shall be replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended in the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

1984, c. 15, s. 213; 1984, c. 35, s. 22; 1987, c. 21, s. 43; 1997, c. 3, s. 71; 2003, c. 9, s. 126.

965.4.3. For the purposes of sections 965.3 to 965.4.2, where any of the computations referred to therein must be made in respect of a corporation described in section 965.4.4 that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue, the computation is made without taking into account the assets, where such is the case, of a government or of another corporation mentioned in section 965.4.4 which is no longer associated with it on the date on which the public share issue, the convertible security issue or the non-guaranteed convertible security issue, as the case may be, ends and, in the case of the other corporation, was not directly or indirectly controlled by the issuing corporation at any time in the 12 months preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

1984, c. 35, s. 23; 1987, c. 21, s. 43; 1990, c. 7, s. 87; 1992, c. 1, s. 89; 1997, c. 3, s. 71; 2003, c. 9, s. 127.

965.4.4. A corporation contemplated in section 965.4.3 is a corporation which, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, would be a growth corporation or a qualified corporation but for a government or another corporation associated with a government associated with it on that date, except a corporation directly or indirectly controlled by the issuing corporation on that date or that was so controlled at any time in the 12 months preceding that date, and which is, on the date on which the public share issue, the convertible security issue or the non-guaranteed convertible security issue, as the case may be, ends, no longer associated with that government or that other corporation.

The issuing corporation is also a corporation contemplated in section 965.4.3 for the 12 months following the date on which it is no longer associated with that government or that other corporation.

1984, c. 35, s. 23; 1988, c. 4, s. 84; 1990, c. 7, s. 88; 1992, c. 1, s. 90; 1993, c. 64, s. 98; 1997, c. 3, s. 71.

965.4.4.1. For the purposes of sections 965.3 to 965.3.2 and 965.4.1.2, where any of the computations referred to therein must be made in respect of a particular corporation that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue and that would be, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a growth corporation or a qualified corporation but for a venture capital corporation associated with it on that date, the computation is made without taking into account the assets of that venture capital corporation if, on the date on which the public share issue, the convertible security issue or the non-guaranteed convertible security issue, as the case may be, ends, the particular corporation is no longer associated with that venture capital corporation.

1993, c. 64, s. 99; 1997, c. 3, s. 71; 1999, c. 83, s. 125; 2003, c. 9, s. 128.

965.4.5. For the purposes of sections 965.4.3 to 965.4.4.1, a corporation is associated with another corporation on a date if it is so designated by regulation.

1984, c. 35, s. 23; 1993, c. 64, s. 100; 1997, c. 3, s. 71.

965.4.6. For the purposes of this Title, where a corporation must meet a requirement in respect of which section 965.3 or 965.3.1 applies, the requirement must be met for each of its fiscal periods referred to, where that is the case, in that section.

1987, c. 21, s. 44; 1997, c. 3, s. 71; 2003, c. 9, s. 129.

965.5. For the purposes of sections 965.3 to 965.3.2 and 965.4.1.2, where a corporation or a corporation associated with it reduces its assets by any transaction for the purpose of qualifying the corporation as a growth corporation or as a corporation whose assets are under $350,000,000 or as a qualified corporation, as the case may be, the assets are deemed not to have been reduced unless the Minister decides otherwise.

1979, c. 14, s. 4; 1981, c. 31, s. 212; 1983, c. 44, s. 37; 1987, c. 21, s. 45; 1988, c. 4, s. 85; 1992, c. 1, s. 91; 1993, c. 64, s. 101; 1997, c. 3, s. 71; 1999, c. 83, s. 126; 2000, c. 39, s. 106.

965.5.1. For the purposes of this Title and sections 1049.2.6 and 1049.2.7.1 to 1049.2.7.3, where a qualifying non-guaranteed convertible security, issued as part of a non-guaranteed convertible security issue, or a preferred share referred to in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, issued as part of a public share issue, is redeemed or repaid by the issuing corporation and the consideration received by the holder consists only of shares identical in relation to the terms, conditions, rights and other characteristics attaching thereto, to the shares the individual would have obtained had the individual exercised the conversion right conferred by that qualifying non-guaranteed convertible security or preferred share, as the case may be, the qualifying non-guaranteed convertible security or preferred share is deemed to be converted into one or more such identical shares and each such share is deemed to have been acquired by the holder as a result of the exercise of the conversion right conferred on the holder of the qualifying non-guaranteed convertible security or the preferred share, as the case may be.

1997, c. 85, s. 204; 1999, c. 83, s. 273; 2002, c. 40, s. 90.

965.6. The adjusted cost of a share for an individual, an investment group or an investment fund, hereinafter called “purchaser”, is obtained by multiplying the cost of the share for the purchaser, determined without taking into account the borrowing costs, brokerage or custody fees or other similar costs related to the share, by

(a)  (paragraph repealed);

(a.1)  (paragraph repealed);

(a.2)  (paragraph repealed);

(a.3)  (paragraph repealed);

(b)  (paragraph repealed);

(b.1)  125% in the case of a qualifying share of a corporation described in section 965.11.7.1 that is acquired by the purchaser and issued before 15 May 1992 as part of a public share issue in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted after 11 November 1986, and 150% in the case of such a share that is issued after 14 May 1992, other than a share referred to in paragraph b.1.1 or b.2;

(b.1.1)  75% in the case of a qualifying share of a corporation described in section 965.11.7.1 that is

i.  a preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 and is issued as part of a public share issue in respect of which the receipt for the final prospectus or, where applicable, the exemption from filing a prospectus is granted after 3 July 1997, or

ii.  a common share that meets the requirements of paragraph a of section 965.9.1.0.4.2 and is acquired as a result of the exercise of a conversion right conferred on the holder of a qualifying share that is a preferred share referred to in subparagraph i;

(b.2)  75% in the case of a qualifying share of a corporation described in section 965.11.7.1 that is

i.  a preferred share that meets the requirements of paragraph b of section 965.9.1.0.5 and is issued as part of a public share issue in respect of which the receipt for the final prospectus or, where applicable, the exemption from filing a prospectus is granted after 25 March 1997, or

ii.  a common share with voting rights acquired as a result of the exercise of a conversion right conferred on the holder of a qualifying share that is a preferred share referred to in subparagraph i;

(c)  (paragraph repealed);

(c.1)  (paragraph repealed);

(c.2)  (paragraph repealed);

(c.3)  (paragraph repealed);

(c.4)  (paragraph repealed);

(c.5)  (paragraph repealed);

(c.6)  (paragraph repealed);

(c.7)  75% in the case of a qualifying share that is a common share with voting rights issued by a corporation, other than a growth corporation, whose assets are under $350,000,000 and that is not a share referred to in paragraph b.1 or b.2 or in paragraph c.8;

(c.8)  0% in the case of a qualifying share that is a common share with voting rights issued by a corporation whose assets are $350,000,000 or more, where the share is issued otherwise than under an exemption from filing a prospectus granted before 21 May 1993 under any of subparagraphs 2, 3 and 5 of the first paragraph of section  52 of the Securities Act (chapter V-1.1) and is acquired after 20 May 1993 as a result of the exercise of a right to subscribe a share conferred as part of a public share issue in respect of which the receipt for the final prospectus or the exemption from filing a prospectus was granted after 1 May 1986, or the exercise of a conversion right conferred on the holder of a convertible security issued as part of a convertible security issue;

(c.9)  50% in the case of a qualifying share that is a common share with voting rights issued by a growth corporation as a result of the exercise of a conversion right conferred on the holder of a qualifying non-guaranteed convertible security issued as part of a non-guaranteed convertible security issue in respect of which the receipt for the final prospectus is granted after 25 March 1997;

(d)  100% in the case of any other qualifying share.

1979, c. 14, s. 4; 1981, c. 31, s. 213; 1982, c. 48, s. 344; 1983, c. 44, s. 37; 1984, c. 15, s. 214; 1986, c. 15, s. 137; 1988, c. 4, s. 86; 1989, c. 5, s. 163; 1990, c. 7, s. 89; 1992, c. 1, s. 92; 1993, c. 19, s. 76; 1993, c. 64, s. 102; 1997, c. 3, s. 71; 1997, c. 85, s. 205; 1999, c. 83, s. 127; 2000, c. 39, s. 107; 2003, c. 9, s. 130.

965.6.0.1. For the purposes of section 965.6, the percentages provided therein shall be increased by 25 percentage points where a share is acquired by an individual under a stock ownership plan as part of a public share issue in respect of which the receipt for the final prospectus or an exemption from filing a prospectus was granted after 1 May 1986.

1987, c. 21, s. 46.

965.6.0.2. For the purposes of section 965.6, the adjusted cost of a qualifying share acquired by an individual, an investment group or an investment fund by exercising a subscription right conferred as part of a public share issue in respect of which the receipt for the final prospectus or an exemption from filing a prospectus was granted after 1 May 1986 shall be computed as though the date of the receipt for the final prospectus or of the exemption from filing a prospectus were in the year in which the share was acquired.

1987, c. 21, s. 46; 1988, c. 4, s. 87.

965.6.0.2.0.1. For the purposes of section 965.6, the adjusted cost of a qualifying share acquired by an individual, an investment group or an investment fund, as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, shall be computed according to the following rules:

(a)  where the conversion value is stated in the final prospectus or in the application for an exemption from filing a prospectus relating to the issue of the convertible security, qualifying non-guaranteed convertible security or preferred share, as the case may be, taking into consideration that the conversion value represents the cost of the qualifying share to the acquirer thereof and that the qualifying share is issued as part of a public share issue in respect of which the date of the receipt for the final prospectus or, as the case may be, of the exemption from filing a prospectus is in the year of acquisition of the share; and

(b)  in any other case, taking into consideration that the quotient obtained by dividing the principal amount of the convertible security, qualifying non-guaranteed convertible security or preferred share, as the case may be, by the number of shares issued in accordance with the method stated in the final prospectus or the application for an exemption from filing a prospectus relating to the issue of the convertible security, qualifying non-guaranteed convertible security or preferred share, as the case may be, represents the cost of the qualifying share to the acquirer thereof and that the qualifying share is issued as part of a public share issue in respect of which the date of the receipt for the final prospectus or, as the case may be, of the exemption from filing a prospectus is in the year of acquisition of the share.

1990, c. 7, s. 90; 1997, c. 85, s. 206; 1999, c. 83, s. 273; 2002, c. 40, s. 91.

965.6.0.2.0.2. (Repealed).

1992, c. 1, s. 93; 1993, c. 64, s. 103; 2003, c. 9, s. 131.

965.6.0.2.0.3. (Repealed).

1993, c. 64, s. 104; 2003, c. 9, s. 131.

965.6.0.2.1. The adjusted cost of a share that is a valid share for an individual, an investment group or an investment fund, in this section referred to as the “purchaser”, is equal to the cost of the share for the purchaser, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs related to the share.

1989, c. 5, s. 164; 1992, c. 1, s. 94; 1993, c. 19, s. 77; 1997, c. 3, s. 71; 2003, c. 9, s. 132.

965.6.0.3. The adjusted cost of a qualifying security for an individual is obtained by multiplying the cost of the security for the individual, determined without taking into account the borrowing costs, subscription or custody fees or other similar costs related to the security, by

(a)  the percentage stipulated in that respect in the final prospectus or in the application for an exemption from filing a prospectus relating to its issue; or

(b)  where it is so stipulated in the final prospectus or in the application for an exemption from filing a prospectus relating to its issue, the percentage determined not later than 60 days after the year of its issue and obtained by estimating, as a percentage, such proportion as is represented,

i.  in respect of an investment fund that has agreed to meet the requirements set out in section 965.6.23 in respect of the public security issue as part of which the qualifying security was issued, by the ratio between, on the one hand, the adjusted cost of the aggregate of all qualifying shares or all qualifying non-guaranteed convertible securities purchased in that year by the investment fund with the proceeds of the public issue of securities that are valid qualifying securities in respect of the year or, in the case of qualifying shares, acquired in the year by the investment fund, as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the year by the investment fund with the proceeds of the issue, and, on the other hand, the proceeds of the issue;

ii.  in respect of an investment fund that has agreed to meet the requirements set out in section 965.6.23.1 in respect of the public security issue as part of which the qualifying security was issued, by the ratio between, on the one hand, the aggregate of the adjusted cost of the aggregate of all qualifying shares or all qualifying non-guaranteed convertible securities that are the subject of the undertaking given by the investment fund in respect of the public security issue in accordance with paragraph a of the said section and that may be acquired by it for an amount equal to the particular amount referred to in paragraph b of the said section in respect of the year, and the adjusted cost of the aggregate of qualifying shares or qualifying non-guaranteed convertible securities not the subject of the undertaking under section 965.6.0.4 purchased by the investment fund in that year with that portion of the proceeds of the public issue of securities that are valid qualifying securities in respect of that year in excess of the particular amount or, in the case of qualifying shares, acquired by it in that year as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the year by the investment fund with such portion of the proceeds of the issue and, on the other hand, the proceeds of the public issue of securities that are valid qualifying securities in respect of that year.

1988, c. 4, s. 87; 1989, c. 5, s. 165; 1990, c. 7, s. 91; 1991, c. 8, s. 60; 1992, c. 1, s. 95; 1993, c. 19, s. 78; 1997, c. 85, s. 207; 1999, c. 83, s. 273.

965.6.0.4. Where an investment fund has made the election provided in section 965.6.23.1 in respect of its first public security issue consisting of securities that may be included in a stock savings plan, a qualifying share or qualifying non-guaranteed convertible security described in paragraph a of the said section that is acquired by the investment fund in a particular year with the proceeds of the issue for the particular year or, in the case of a qualifying share, that is acquired in a particular year as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the particular year by the investment fund with the proceeds of the issue, is, in respect of the particular year, deemed, for the purposes of subparagraph ii of paragraph b of section 965.6.0.3 and paragraph b of section 965.6.23.1, to be a qualifying share or a qualifying non-guaranteed convertible security, as the case may be, that is the subject of the undertaking given by the investment fund in accordance with the said paragraph a, unless the investment fund designates the share or the security, as the case may be, as not being the subject of the undertaking, and, for that purpose, such a designation cannot be made by the investment fund in respect of a qualifying share or a qualifying non-guaranteed convertible security, as the case may be, except where that qualifying share or that qualifying non-guaranteed convertible security, as the case may be, the other qualifying shares or qualifying non-guaranteed convertible securities, as the case may be, so designated by the investment fund for the particular year and the qualifying shares or qualifying non-guaranteed convertible securities, as the case may be, that are not described in the said paragraph a and that have been acquired in the particular year by the investment fund with the proceeds of the issue or, in the case of qualifying shares, that have been acquired in the particular year by the investment fund as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased by the investment fund with the proceeds of the issue, may all reasonably be considered to have been acquired with that portion of the proceeds of the issue in excess of the portion, that is the subject of the undertaking given by the investment fund in accordance with the said paragraph a, of the proceeds of the issue for the particular year.

The presumption provided in the first paragraph applies in respect of a qualifying share or a qualifying non-guaranteed convertible security only where the adjusted cost of the aggregate of the other qualifying shares or qualifying non-guaranteed convertible securities, as the case may be, in respect of which the presumption has applied for the particular year is lower than the particular amount referred to in paragraph b of section 965.6.23.1 in respect of the particular year.

1991, c. 8, s. 61; 1992, c. 1, s. 96; 1993, c. 19, s. 79; 1997, c. 3, s. 45; 1997, c. 85, s. 208; 1999, c. 83, s. 273.

965.6.0.5. The adjusted cost to an individual, an investment group or an investment fund of a qualifying non-guaranteed convertible security issued by a corporation whose assets are under $350,000,000 is obtained by multiplying the cost of the security to the individual, investment group or investment fund, as the case may be, determined without reference to the borrowing costs, subscription or custody fees or other similar costs related to the security, by 50%.

1992, c. 1, s. 97; 1997, c. 3, s. 71; 1999, c. 83, s. 128; 2000, c. 39, s. 108.

CHAPTER II.1 INVESTMENT GROUPS

1986, c. 15, s. 138.

965.6.1. An investment group is a group of individuals, other than trusts, formed solely to acquire qualifying shares, valid shares, convertible securities or qualifying non-guaranteed convertible securities that files a written declaration with a dealer evidencing its existence and specifying the interest of each of the members in the investment group.

1986, c. 15, s. 138; 1989, c. 5, s. 166; 1990, c. 7, s. 92; 1992, c. 1, s. 98.

965.6.2. The interest of each member in an investment group shall be, throughout the existence of the investment group, the interest determined in the declaration filed with the dealer or, where such is the case, the interest determined in paragraph c of section 965.6.5 or in paragraph b of section 965.6.6.

1986, c. 15, s. 138.

965.6.3. In no case may the number of members in an investment group be increased or any of those members replaced.

Where a requirement of the first paragraph is not fulfilled, each share or non-guaranteed convertible security included in a stock savings plan under which the investment group is a beneficiary is deemed to be withdrawn from the plan immediately before the admission of a new member.

1986, c. 15, s. 138; 1992, c. 1, s. 99.

965.6.4. Where an individual withdraws from an investment group of which he is a member, he may elect to transfer into a stock savings plan under which he is a beneficiary a share and, if any, a non-guaranteed convertible security that are included in a stock savings plan under which the investment group is a beneficiary and that are allotted to him in respect of his withdrawal if the requirement of paragraph g of section 965.7 is fulfilled in respect of that share and that non-guaranteed convertible security immediately before his withdrawal.

The election provided for in the first paragraph is made by transmitting a written notice to that effect to the dealer with which the investment group entered into an arrangement provided for in section 965.2.

1986, c. 15, s. 138; 1992, c. 1, s. 100.

965.6.5. Where, during a taxation year, an individual withdraws from an investment group of which he is a member, the following rules apply:

(a)  the individual who leaves the investment group is deemed, at that time, to have withdrawn from a stock savings plan under which he is a beneficiary,

i.  a share at an adjusted cost equal to the amount of his interest in the adjusted cost of the shares included at the time of his withdrawal in a stock savings plan under which the investment group is a beneficiary;

ii.  a non-guaranteed convertible security at an adjusted cost equal to the amount of his interest in the adjusted cost of the non-guaranteed convertible securities included at the time of his withdrawal in a stock savings plan under which the investment group is a beneficiary;

(b)  an individual who remains a member of the investment group after the withdrawal of the member is deemed to have included, at the time of the withdrawal, in a stock savings plan under which he is a beneficiary,

i.  a share at an adjusted cost equal to the amount determined under subparagraph i of paragraph a in respect of the member, proportionate to his interest in the investment group immediately after the withdrawal of the member;

ii.  a non-guaranteed convertible security at an adjusted cost equal to the amount determined under subparagraph ii of paragraph a in respect of the member, proportionate to his interest in the investment group immediately after the withdrawal of the member;

(c)  the interest in the investment group of an individual who remains a member of the investment group is deemed, immediately after the withdrawal of the member, to be proportionate to the ratio between his interest in the investment group immediately before the withdrawal of the member, and the aggregate of the interests in the investment group, immediately before that withdrawal, of the remaining members;

(d)  where the individual who withdraws from the investment group makes an election in accordance with section 965.6.4, the following rules apply:

i.  the amount determined under

(1)  subparagraph i of paragraph a in respect of the individual is deemed to be reduced by an amount equal to the adjusted cost to the investment group of the share so transferred;

(2)  subparagraph ii of paragraph a in respect of the individual is deemed to be reduced by an amount equal to the adjusted cost to the investment group of the non-guaranteed convertible security so transferred;

ii.  paragraph b applies without taking subparagraph i into account;

iii.  the individual is deemed to have included, where such is the case, in a stock savings plan under which he is a beneficiary,

(1)  a share at an adjusted cost equal to the amount by which the adjusted cost to the investment group of the aggregate of the shares so transferred exceeds the amount determined under subparagraph i of paragraph a in respect of the individual, disregarding subparagraph i;

(2)  a non-guaranteed convertible security at an adjusted cost equal to the amount by which the adjusted cost to the investment group of the aggregate of the non-guaranteed convertible securities so transferred exceeds the amount determined under subparagraph ii of paragraph a in respect of the individual, disregarding subparagraph i;

iv.  the adjusted cost to the individual of a share or of a non-guaranteed convertible security so transferred is equal to the adjusted cost to the investment group of the share or the non-guaranteed convertible security, as the case may be.

1986, c. 15, s. 138; 1992, c. 1, s. 101.

965.6.6. Where during a taxation year an individual who is a member of an investment group dies, the following rules apply:

(a)  an individual who remains a member of the investment group after the death of the individual is deemed to have included, at the time of the death, in a stock savings plan under which he is a beneficiary,

i.  a share at an adjusted cost equal to the amount of the interest of the deceased member in the adjusted cost of the shares included, at the time of the death, in the stock savings plan under which the investment group is a beneficiary, proportionate to his interest in the investment group immediately after the death;

ii.  a non-guaranteed convertible security at an adjusted cost equal to the amount of the interest of the deceased member in the adjusted cost of the non-guaranteed convertible securities included, at the time of the death, in the stock savings plan under which the investment group is a beneficiary, proportionate to his interest in the investment group immediately after the death;

(b)  the interest in the investment group of an individual who remains a member of the investment group is deemed, immediately after the member’s death, to be proportionate to the ratio between his interest in the investment group immediately before the death and the aggregate of the interests in the investment group, immediately before the death, of the members other than the deceased.

1986, c. 15, s. 138; 1992, c. 1, s. 102.

965.6.7. Where during a taxation year an investment group is dissolved, the rules provided in paragraph a and subparagraphs i, iii and iv of paragraph d of section 965.6.5 apply, with the necessary modifications, to each individual who was a member of the investment group immediately before its dissolution.

1986, c. 15, s. 138; 1995, c. 63, s. 261.

CHAPTER II.2 STOCK OWNERSHIP PLAN

1987, c. 21, s. 47.

965.6.8. A stock ownership plan is a plan which is instituted by a qualified corporation other than a corporation described in section 965.11.7.1 to enable only its eligible employees to acquire qualifying shares of its capital stock as part of a public share issue and which meets the requirements of this chapter.

1987, c. 21, s. 47; 1988, c. 4, s. 88; 1997, c. 3, s. 71.

965.6.9. The expression “eligible employee of a corporation” means any individual resident in Québec who is an employee of the corporation or of a subsidiary not less than 90% of the shares of the issued capital stock of which having full voting rights under all circumstances are owned directly or indirectly by the corporation and who, immediately before the acquisition of the shares, holds directly, indirectly or with related persons who are not employees of the corporation or of such a subsidiary, less than 5% of the shares of the issued capital stock of the corporation.

1987, c. 21, s. 47; 1997, c. 3, s. 71; 2004, c. 21, s. 225.

965.6.10. An eligible employee of a holding company which is a subsidiary of an insurer within the meaning of paragraph a of section 1 of the Act respecting insurance (chapter A-32) also means any individual resident in Québec who is an employee of a mutual insurance company, within the meaning of paragraph c of section 1 of the Act respecting insurance or a mutual general insurance company incorporated under a special Act of Québec, which owns, directly or indirectly, not less than 90% of the shares of the issued capital stock of the corporation having full voting rights under all circumstances, and who, immediately before the acquisition of the shares of the corporation, holds directly, indirectly or with related persons who are not employees of the corporation or of such a company, less than 5% of the shares of the capital stock of the corporation.

1987, c. 21, s. 47; 1990, c. 7, s. 93; 1995, c. 63, s. 102; 1997, c. 3, s. 71; 2002, c. 70, s. 185; 2004, c. 21, s. 225.

965.6.10.1. A stock ownership plan may provide that an eligible employee of a corporation also designates any individual resident in Québec who is an employee of a subsidiary more than 50% of the shares of the issued capital stock of which having full voting rights under all circumstances are owned directly or indirectly by the corporation, or of a company referred to in section 965.6.10 which owns, directly or indirectly, more than 50% of the shares of the issued capital stock of the corporation having full voting rights under all circumstances and who, immediately before the acquisition of the shares, holds directly, indirectly or with related persons who are not employees of the corporation or of such a subsidiary or company, less than 5% of the shares of the issued capital stock of the corporation.

1990, c. 7, s. 94; 1997, c. 3, s. 71; 2004, c. 21, s. 225.

965.6.11. A stock ownership plan may provide that an individual is not an eligible employee of a corporation if, at the time of acquisition of the shares of the corporation, the individual cannot prove three consecutive months of service with the corporation, with a subsidiary referred to in section 965.6.9, with a company referred to in section 965.6.10 or with a subsidiary or company referred to in section 965.6.10.1 where the stock ownership plan provides that the employees of such a subsidiary or company are eligible employees.

1987, c. 21, s. 47; 1990, c. 7, s. 95; 1995, c. 1, s. 99; 1997, c. 3, s. 71.

965.6.12. A stock ownership plan may set a maximum limit to the number of qualifying shares that may be acquired thereunder, provided the number is determined by means of the same formula for all eligible employees.

1987, c. 21, s. 47.

965.6.13. In no case may a stock ownership plan require each eligible employee to acquire a minimum number of qualifying shares under the plan.

1987, c. 21, s. 47.

965.6.14. Every stock ownership plan shall provide the identical formula for all eligible employees for the determination of the purchase price of each qualifying share that may be acquired under the plan.

1987, c. 21, s. 47.

965.6.15. Every stock ownership plan shall provide eligible employees with means for financing the acquisition of qualifying shares under the plan, as provided for in section 965.6.16, which shall be identical for all eligible employees, up to the amount of the acquisition.

Where the acquisition of qualifying shares may be made on a continuous basis at least once a year during the term of the plan, the plan may, instead of providing eligible employees with means of financing, or in addition thereto, according to the terms and conditions prescribed in section 965.6.17 and identical for all eligible employees, provide them with means to accumulate, by way of at-source deductions, the necessary savings for the acquisition of the qualifying shares they may acquire under the plan, up to the amount of the acquisition.

For the purposes of the first paragraph, the amount of financing provided may be less than the amount of the acquisition, to such extent as it is limited by a provision of an Act or as it is provided to complete the amount accumulated by means of at-source deductions for the acquisition of qualifying shares.

1987, c. 21, s. 47; 1988, c. 4, s. 89.

965.6.16. The means of financing provided under a stock ownership plan shall be an interest-free loan granted by the corporation, a loan granted by the corporation bearing interest at a rate not exceeding the market rate at the time of the loan or a loan from another person, provided the terms and conditions are negotiated by the corporation.

1987, c. 21, s. 47; 1997, c. 3, s. 71.

965.6.17. Every stock ownership plan shall provide the terms of repayment of a loan or at-source deductions, as the case may be, and the terms shall be favourable to the employees.

1987, c. 21, s. 47; 1988, c. 4, s. 90; 1992, c. 1, s. 103.

965.6.18. A stock ownership plan may provide clauses applicable in the event of an eligible employee’s death, retirement, illness or layoff, the sale or transfer of shares acquired under the plan, an eligible employee’s failure to repay his loan or any other situation that may compromise repayment of the loan or any subscription agreement entered into by an eligible employee.

1987, c. 21, s. 47; 1988, c. 4, s. 90.

965.6.19. In no case may a stock ownership plan provide for the purchase by anyone, or the transfer to or redemption by the issuing corporation, of the qualifying shares acquired under the plan.

1987, c. 21, s. 47; 1997, c. 3, s. 71.

965.6.20. Every stock ownership plan shall be managed by a dealer and shall provide that the certificate attesting to a qualifying share acquired under the plan shall be remitted to the dealer as provided in paragraph g of section 965.7.

1987, c. 21, s. 47.

CHAPTER II.3 INVESTMENT FUND

1988, c. 4, s. 91.

965.6.21. An investment fund is an unincorporated mutual fund or a mutual fund within the meaning of the Securities Act (chapter V-1.1) which meets the requirements of this chapter.

1988, c. 4, s. 91; 1996, c. 39, s. 247.

965.6.22. An investment fund shall be established in Québec and the trustee or the administrator of an investment fund shall be resident in Canada and maintain an establishment in Québec.

1988, c. 4, s. 91; 1989, c. 5, s. 167.

965.6.23. When making, in any year, a public security issue consisting of securities that may be included in a stock savings plan, the investment fund shall stipulate in the final prospectus or in the application for an exemption from filing a prospectus relating to their issue that it agrees to meet the following requirements:

(a)  (subparagraph repealed);

(b)  to acquire, on or before 31 December in the year, qualifying shares or qualifying non-guaranteed convertible securities with the proceeds or expected proceeds, for the year, of the public security issue or, in the case of qualifying shares, as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the year by the investment fund with the proceeds or expected proceeds of the issue, whose adjusted cost is not less than the adjusted cost of the aggregate of all qualifying securities issued by the fund in the year and constituting valid qualifying securities; and

(c)  to be the owner, on 31 December in the year and in each of the ensuing two years, of qualifying shares, valid shares or qualifying non-guaranteed convertible securities, other than qualifying shares, valid shares or qualifying non-guaranteed convertible securities that have already been used in respect of the same year for the purposes of this paragraph, and whose adjusted cost is not less than the adjusted cost of the aggregate of all qualifying securities issued by the fund in the year and not redeemed by the investment fund respectively on 31 December in the year, 31 December in the first year following the year or 31 December in the second year following the year, as the case may be.

For the purposes of subparagraph b of the first paragraph and section 965.6.23.0.1, the expected proceeds of a public security issue made by an investment fund for a year are the proceeds of such a public security issue or a portion of such proceeds, as the case may be, to the extent that the following conditions are satisfied:

(a)  the public security issue ends on or before 31 December of that year; and

(b)  the proceeds or the portion of the proceeds is used to compensate or repay the acquisition cost of qualifying shares or qualifying non-guaranteed convertible securities acquired by the investment fund at a particular time during the 90-day period that precedes the date on which the public security issue ends.

1988, c. 4, s. 91; 1989, c. 5, s. 168; 1990, c. 7, s. 96; 1992, c. 1, s. 104; 1993, c. 19, s. 80; 1997, c. 85, s. 209; 1999, c. 83, s. 273; 2005, c. 23, s. 128.

965.6.23.0.1. An investment fund that intends to make a public security issue after 31 December 2001 and to acquire qualifying shares or qualifying non-guaranteed convertible securities with the expected proceeds of the public security issue shall stipulate in the final prospectus or in the application for an exemption from filing a prospectus relating to the issue that it undertakes to satisfy the conditions set out in subparagraphs a and b of the second paragraph of section 965.6.23.

2005, c. 23, s. 129.

965.6.23.1. An investment fund that makes, in any particular year, a public security issue consisting of securities that may be included in a stock savings plan and is making, since its creation, its first such public security issue may, instead of stipulating in the final prospectus or in the application for an exemption from filing a prospectus relating to their issue that it undertakes to meet the requirements set out in section 965.6.23, elect to stipulate therein that it undertakes to meet the following requirements or may, once it has stipulated that it undertakes to meet the requirements set out in the said section 965.6.23, elect instead to undertake to meet the following requirements by sending to the Minister and to the Autorité des marchés financiers a written notice to that effect on or before 31 December in the year in which the receipt for the final prospectus or the exemption from filing a prospectus relating to their issue was obtained:

(a)  to use a determined percentage, which must be the same throughout any particular year during which securities are issued as part of the security issue, not lower than 50%, of the proceeds, for the particular year, of the issue of securities not redeemed by the investment fund on or before 31 December in the particular year, to acquire, on or before 31 December in the year following the particular year, qualifying non-guaranteed convertible securities, or qualifying shares that are common shares with voting rights, that are issued by growth corporations;

(a.1)  to cause the portion, expressed as a percentage, as is represented by the ratio between the adjusted cost and the cost, determined without taking into account the borrowing costs, brokerage or custody fees or other similar costs, to the investment fund, of the aggregate of all qualifying shares and all qualifying non-guaranteed convertible securities described in paragraph a that the fund has undertaken to acquire in accordance with the said paragraph a on or before 31 December in the year following the particular year, to be equal to or greater than the determined percentage, not lower than 50%, indicated in that respect by the investment fund, in respect of the public security issue, in the final prospectus or the application for an exemption from filing a prospectus relating to the issue or in the written notice to be sent by the investment fund to the Minister and to the Autorité des marchés financiers, as the case may be;

(b)  to acquire, on or before 31 December in the particular year, qualifying shares or qualifying non-guaranteed convertible securities with the proceeds, for the particular year, of the public security issue or, in the case of qualifying shares, as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the particular year by the investment fund with the proceeds of the issue, that are not the subject of the undertaking under paragraph a and are not qualifying shares or qualifying non-guaranteed convertible securities having already been used, in respect of the particular year, for the purposes of paragraph c, and whose adjusted cost is not less than the amount by which the adjusted cost of the aggregate of all qualifying securities issued by the investment fund during the particular year and constituting valid qualifying securities exceeds the particular amount equal to the lesser of the proceeds of the issue of securities constituting, for the particular year, valid qualifying securities and the amount obtained by applying to the portion, that is the subject of the undertaking under paragraph a, of the proceeds, for the particular year, of the public security issue, the percentage determined under paragraph a.1 in respect of the public security issue;

(c)  to acquire, on or before 31 December in the year following the particular year, qualifying shares or qualifying non-guaranteed convertible securities described in paragraph a with the proceeds, for the particular year, of the public security issue or, in the case of qualifying shares, as a result of the exercise of a conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share that meets the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the particular year or in the year following the particular year by the investment fund with the proceeds of the issue, other than any such qualifying shares or any such qualifying non-guaranteed convertible securities having already been used, in respect of the particular year, for the purposes of paragraph b, and whose adjusted cost is not less than the particular amount referred to in paragraph b in respect of the particular year;

(d)  to be the owner, on 31 December in the particular year and in each of the ensuing two years, of qualifying non-guaranteed convertible securities or shares that are qualifying shares or valid shares, other than qualifying non-guaranteed convertible securities, qualifying shares or valid shares having already been used, in respect of the same year, for the purposes of paragraph e or of this paragraph or than a qualifying non-guaranteed convertible security or qualifying share referred to in section 965.6.0.4 in respect of the year, and whose adjusted cost is not less than the amount by which the adjusted cost of the aggregate of all qualifying securities issued in the particular year by the investment fund and not redeemed by the investment fund on 31 December in the particular year, 31 December in the first year following the particular year or 31 December in the second year following the particular year, respectively, as the case may be, exceeds the particular amount referred to in paragraph b in respect of the particular year;

(e)  to be the owner, on 31 December in each of the three years following the particular year, of qualifying non-guaranteed convertible securities or shares that are qualifying shares or valid shares, other than qualifying non-guaranteed convertible securities, qualifying shares or valid shares having already been used, in respect of the same year, for the purposes of this paragraph or than a qualifying non-guaranteed convertible security or qualifying share referred to in section 965.6.0.4 in respect of the year, and whose adjusted cost is not less than the particular amount referred to in paragraph b in respect of the particular year.

1991, c. 8, s. 62; 1992, c. 1, s. 105; 1993, c. 19, s. 81; 1997, c. 3, s. 71; 1997, c. 85, s. 210; 1999, c. 83, s. 273; 2002, c. 45, s. 521; 2003, c. 9, s. 133; 2004, c. 37, s. 90.

965.6.24. Where an investment fund stipulates, in a final prospectus or in an application for an exemption from filing a prospectus relating to a public security issue, the percentage to be used for the purposes of paragraph a of section 965.6.0.3, it shall also stipulate the portion of the adjusted cost of the qualifying security to be considered as the portion that may reasonably be allocated to the purchase of qualifying shares referred to in paragraphs a.3, c, c.4 and c.6 of section 965.6.

1988, c. 4, s. 91; 1989, c. 5, s. 169.

CHAPTER III QUALIFYING SHARES

1979, c. 14, s. 4; 1983, c. 44, s. 37.

965.7. A share qualifies for a stock savings plan if the following conditions are satisfied:

(a)  it is a common share which carries voting rights and those voting rights may be exercised under any circumstances in the issuing corporation;

(b)  the number of voting rights attached thereto is equal to or greater than that attached to any other share of the capital stock of the issuing corporation;

(c)  it cannot, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone in whole or in part, directly or indirectly, in any manner whatever, or be the subject of a transaction that would result either in rendering such a share, a share substituted for such a share or a share received as a result of a transaction referred to in section 301, 536, 541 or 544 in respect of any such share or substituted share, redeemable by the issuing corporation or purchasable by anyone, in whole or in part, directly or indirectly in any manner whatever or in transferring property of the corporation other than a dividend to the shareholder;

(c.0.1)  it cannot, under the conditions pertaining to its issue, entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation;

(c.1)  (paragraph replaced);

(d)  it is issued by a qualified corporation which states, in the final prospectus or the application for exemption from filing a prospectus, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(d.1)  where its investment is made in accordance with a receipt from the Autorité des marchés financiers, it was the subject, before the issue of the receipt, of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title;

(e)  it is acquired for money consideration within the scope of a public share issue by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary or as firm underwriter;

(f)  it is subscribed and paid; and

(g)  the certificate attesting to it is either remitted directly to the dealer contemplated in section 965.2 either by the issuer of the certificate or by another dealer who certifies that the certificate was held, without interruption from its issue, by a dealer acting as intermediary or as firm underwriter or issued and registered in the dealer’s name or in the name of a person designated by him;

(h)  (paragraph repealed).

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1984, c. 15, s. 215; 1985, c. 25, s. 139; 1986, c. 15, s. 139; 1987, c. 21, s. 48; 1988, c. 4, s. 92; 1997, c. 3, s. 71; 1997, c. 14, s. 160; 2002, c. 45, s. 521; 2003, c. 9, s. 134; 2004, c. 37, s. 90.

965.7.1. For the purposes of paragraph c of section 965.7, a share that would be a qualifying share if the conditions pertaining to its issue did not contain a stipulation to the effect that it is purchasable or redeemable is a qualifying share if the sole purpose of the stipulation is to meet the requirements of an Act or the regulations governing a sector of activities.

1987, c. 21, s. 49.

965.7.2. The condition provided in paragraph d.1 of section 965.7 does not apply in respect of a share distributed by means of a simplified prospectus.

1993, c. 19, s. 82.

965.8. (Repealed).

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1990, c. 7, s. 97.

965.9. (Repealed).

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1984, c. 15, s. 216; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2003, c. 9, s. 135.

965.9.1. (Repealed).

1980, c. 13, s. 95; 1983, c. 44, s. 37; 1984, c. 15, s. 217; 1988, c. 4, s. 93; 1989, c. 5, s. 170; 1990, c. 7, s. 98; 1992, c. 1, s. 106; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2003, c. 9, s. 135.

965.9.1.0.0.1. A share also qualifies for a stock savings plan if it meets the requirements of paragraphs c to g of section 965.7 and is a common share with voting rights.

1992, c. 1, s. 107.

965.9.1.0.1. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a convertible security issued as part of a convertible security issue;

(c)  it is issued by a qualified corporation whose assets are less than $350,000,000 on the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of the issue of convertible securities referred to in paragraph b;

(d)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(e)  it is issued by a qualified corporation which states, in the final prospectus or in the application for exemption from filing a prospectus in respect of the issue of convertible securities referred to in paragraph b, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title; and

(f)  before the issue of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of the issue of convertible securities referred to in paragraph b, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1990, c. 7, s. 99; 1992, c. 1, s. 108; 1997, c. 3, s. 71; 1999, c. 83, s. 129; 2000, c. 39, s. 109; 2003, c. 9, s. 136; 2006, c. 13, s. 72.

965.9.1.0.2. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a convertible security issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for a convertible security which was outstanding at the time of such transaction and which, were it not for such replacement, could have been converted into a qualifying share described in section 965.9.1.0.1, or in replacement for such a convertible security which had been issued in substitution for a convertible security which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(c)  it is issued by a qualified corporation whose assets are less than $350,000,000 on the date of the transaction referred to in paragraph b;

(d)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(e)  it is issued by a qualified corporation which states, in the final prospectus or in the application for exemption from filing a prospectus in respect of the replacement of a convertible security referred to in paragraph b, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(f)  it is a share of a class of the capital stock of a qualified corporation having shares of the same class of its capital stock which, immediately after the transaction referred to in paragraph b, are listed on a Canadian stock exchange; and

(g)  before the transaction referred to in paragraph b, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1990, c. 7, s. 99; 1992, c. 1, s. 109; 1997, c. 3, s. 71; 1999, c. 83, s. 130; 1999, c. 83, s. 273; 2000, c. 39, s. 110; 2001, c. 7, s. 169; 2003, c. 9, s. 137; 2006, c. 13, s. 73.

965.9.1.0.3. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights issued by a growth corporation;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a qualifying non-guaranteed convertible security issued as part of a non-guaranteed convertible security issue;

(c)  it meets the requirements of paragraphs a to c of section 965.9.8.2; and

(d)  the issuing corporation states, in the final prospectus relating to the non-guaranteed convertible security issue mentioned in paragraph b, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title.

1997, c. 85, s. 211; 2006, c. 13, s. 74.

965.9.1.0.4. A share also qualifies for a stock savings plan if

(a)  it is a common share with voting rights issued by a growth corporation;

(b)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a particular qualifying non-guaranteed convertible security issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for a qualifying non-guaranteed convertible security which was outstanding at the time of such transaction and which, were it not for such replacement, could have been converted into a qualifying share described in section 965.9.1.0.3, or in replacement for such a qualifying non-guaranteed convertible security which had been issued in substitution for a non-guaranteed convertible security which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(c)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(d)  under the conditions pertaining to the issue of the particular qualifying non-guaranteed convertible security, the share cannot

i.  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, either in whole or in part,

ii.  be the subject of a transaction that would result in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in respect of any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part, or in transferring property of the issuing corporation, other than a dividend, to the shareholder, or

iii.  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation;

(e)  the growth corporation states, in the final prospectus in respect of the replacement of the particular qualifying non-guaranteed convertible security, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(f)  it is a share of a class of the capital stock of the growth corporation having shares of the same class of its capital stock which, immediately after the transaction referred to in paragraph b, are listed on a Canadian stock exchange; and

(g)  before the transaction referred to in paragraph b, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1997, c. 85, s. 211; 1999, c. 83, s. 273; 2001, c. 7, s. 169; 2006, c. 13, s. 75.

965.9.1.0.4.1. A share issued by a corporation described in section 965.11.7.1 also qualifies for a stock savings plan if

(a)  it is a common share which, in comparison with all other common shares with voting rights of the capital stock of the issuing corporation, carries voting rights in a ratio of at least one to ten; and

(b)  it meets the requirements of paragraphs c to f of section 965.7 where its acquirer is an investment fund, and the requirements of paragraphs c to g of section 965.7 where its acquirer is an individual or an investment group.

1999, c. 83, s. 131.

965.9.1.0.4.2. A share also qualifies for a stock savings plan if it is issued by a corporation described in section 965.11.7.1 and is either

(a)  a common share described in section 965.9.1.0.4.1 which

i.  is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a preferred share that met the requirements of paragraph b,

ii.  under the conditions pertaining to the issue of the preferred share referred to in subparagraph i, cannot

(1)  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, either in whole or in part,

(2)  be the subject of a transaction that would result in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in relation to any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part, or in transferring property of the issuing corporation, other than a dividend, to the shareholder, or

(3)  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation,

iii.  is the subject of a statement by the issuing corporation, in the final prospectus or the application for an exemption from filing a prospectus relating to the public share issue as part of which the preferred share referred to in subparagraph i was issued, to the effect that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title,

iv.  before the receipt for the final prospectus or the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iii was obtained, was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title, and

v.  is

(1)  on the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iii, a share of a class listed on a Canadian stock exchange, or

(2)  a share of a class none of the shares of which, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iii, has been issued but in respect of which the issuing corporation has undertaken, in the final prospectus or the application for an exemption from filing a prospectus, to have shares of that class listed on a Canadian stock exchange not later than 60 days after the date on which the issuing corporation demonstrates to the proper authorities of that stock exchange that it has distributed a sufficient quantity of shares of that class to holders; or

(b)  a preferred share that is a non-guaranteed preferred share issued as part of a public share issue by the corporation which

i.  subject to section 965.9.1.0.8, meets the requirements of paragraphs c to f of section 965.7 where its acquirer is an investment fund, and the requirements of paragraphs c to g of section 965.7 where its acquirer is an individual or an investment group,

ii.  is convertible into a common share meeting the requirements of paragraph a, and

iii.  is of a separate class relating to the public share issue.

1999, c. 83, s. 131; 2001, c. 7, s. 169; 2006, c. 13, s. 76.

965.9.1.0.4.3. A share described in section 965.9.1.0.4.1 and issued by a corporation described in section 965.11.7.1 also qualifies for a stock savings plan if

(a)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a particular preferred share meeting the requirements of paragraph b of section 965.9.1.0.4.2 and issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for such a preferred share which was outstanding at the time of such transaction or in replacement for such a preferred share which had been issued in substitution for a preferred share which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(b)  under the conditions pertaining to the issue of the particular preferred share, it cannot

i.  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, either in whole or in part,

ii.  be the subject of a transaction that would result in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in relation to any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part, or in transferring property of the issuing corporation, other than a dividend, to the shareholder, or

iii.  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation;

(c)  the issuing corporation states, in the final prospectus or the application for an exemption from filing a prospectus relating to the replacement of the particular preferred share, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(d)  it is

i.  a share of a class of the capital stock of the corporation having shares of the same class which, immediately after the transaction mentioned in paragraph a, are listed on a Canadian stock exchange, or

ii.  a share of a class of the capital stock of the corporation none of the shares of which, immediately after the transaction mentioned in paragraph a, is listed on a Canadian stock exchange but in respect of which the corporation has undertaken, in the final prospectus or the application for an exemption from filing a prospectus relating to the replacement of the particular preferred share, to have shares of that class listed on a Canadian stock exchange not later than 60 days after the date on which the corporation demonstrates to the proper authorities of that stock exchange that it has distributed a sufficient quantity of shares of that class to holders; and

(e)  before the transaction mentioned in paragraph a, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1999, c. 83, s. 131; 2001, c. 7, s. 169; 2006, c. 13, s. 77.

965.9.1.0.5. A share also qualifies for a stock savings plan if it is issued by a corporation described in section 965.11.7.1 and is either

(a)  a common share with voting rights which

i.  is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a preferred share that met the requirements of paragraph b,

ii.  meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group,

iii.  under the conditions pertaining to the issue of the preferred share referred to in subparagraph i, cannot

(1)  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, either in whole or in part,

(2)  be the subject of a transaction that would result in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in respect of any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part, or in transferring property of the issuing corporation, other than a dividend, to the shareholder, or

(3)  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation,

iv.  is the subject of a statement by the issuing corporation, in the final prospectus or the application for an exemption from filing a prospectus relating to the public share issue as part of which the preferred share referred to in subparagraph i was issued, to the effect that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title,

v.  before the receipt for the final prospectus or the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iv has been obtained, was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title, and

vi.  is

(1)  on the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iv, a share of a class listed on a Canadian stock exchange, or

(2)  a share of a class none of the shares of which, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue referred to in subparagraph iv, has been issued but in respect of which the issuing corporation has undertaken, in the final prospectus or the application for an exemption from filing a prospectus, to have shares of that class listed on a Canadian stock exchange not later than 60 days after the date on which the issuing corporation demonstrates to the proper authorities of that stock exchange that it has distributed a sufficient quantity of shares of that class to holders; or

(b)  a preferred share that is a non-guaranteed preferred share issued as part of a public share issue by the corporation which

i.  subject to section 965.9.1.0.8, would meet the requirements of paragraphs c to f of section 965.7, where its acquirer is an investment fund, and the requirements of paragraphs c to g of the said section 965.7, where its acquirer is an individual or an investment group,

ii.  is convertible into a common share with voting rights meeting the requirements of paragraph a, and

iii.  is of a separate class relating to the public share issue.

1997, c. 85, s. 211; 1999, c. 83, s. 132; 2001, c. 7, s. 169; 2006, c. 13, s. 78.

965.9.1.0.6. A common share with voting rights issued by a corporation described in section 965.11.7.1 also qualifies for a stock savings plan if

(a)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary, as a result of the exercise, on or before 31 December 2005, of a conversion right conferred on the holder of a particular preferred share meeting the requirements of paragraph b of section 965.9.1.0.5 and issued, as a result of a transaction referred to in section 536, 541 or 544, in replacement for such a preferred share which was outstanding at the time of such transaction or in replacement for such a preferred share which had been issued in substitution for a preferred share which, were it not for such substitution, could have been converted into a qualifying share described in this section;

(b)  it meets the requirements of paragraphs c and c.0.1 of section 965.7 where the acquirer of the share is an investment fund, and the requirements of paragraphs c, c.0.1 and g of section 965.7 where the acquirer of the share is an individual or an investment group;

(c)  under the conditions pertaining to the issue of the particular preferred share, the share cannot

i.  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, either in whole or in part,

ii.  be the subject of a transaction that would result in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in respect of any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part, or in transferring property of the issuing corporation, other than a dividend, to the shareholder, or

iii.  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation;

(d)  the issuing corporation states, in the final prospectus or the application for an exemption from filing a prospectus in respect of the replacement of the particular preferred share, that the share may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the share by this Title;

(e)  it is

i.  a share of a class of the capital stock of the corporation having shares of the same class which, immediately after the transaction mentioned in paragraph a, are listed on a Canadian stock exchange, or

ii.  a share of a class of the capital stock of the corporation none of the shares of which, immediately after the transaction mentioned in paragraph a, is listed on a Canadian stock exchange but in respect of which the corporation has undertaken, in the final prospectus or the application for an exemption from filing a prospectus relating to the replacement of the particular preferred share, to have shares of that class listed on a Canadian stock exchange not later than 60 days after the date on which the corporation demonstrates to the proper authorities of that stock exchange that it has distributed a sufficient quantity of shares of that class to holders; and

(f)  before the transaction referred to in paragraph a, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title.

1997, c. 85, s. 211; 1999, c. 83, s. 133; 2001, c. 7, s. 169; 2006, c. 13, s. 79.

965.9.1.0.7. For the purposes of subparagraph i of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 where that subparagraph refers to paragraph c of section 965.7, a preferred share that would, were it not for this section, be a qualifying share by reason of the fact that it would meet the requirements of the said paragraph b if the conditions pertaining to its issue did not contain, except in the case provided for in section 965.9.1.0.8, a stipulation to the effect that it is purchasable or redeemable, is deemed to be a qualifying preferred share if the sole purpose of the stipulation is to meet the requirements of an Act or the regulations governing a sector of activity.

1997, c. 85, s. 211; 1999, c. 83, s. 273.

965.9.1.0.8. Notwithstanding subparagraph i of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 where that subparagraph refers to paragraph c of section 965.7, a preferred share issued as part of a public share issue by a corporation described in section 965.11.7.1 may, under the conditions pertaining to its issue, be, within a period of 1,825 days commencing on the date that is 1,825 days after the date of its issue, redeemed or repaid by the issuing corporation or purchased by anyone, in any manner whatever, directly or indirectly, for any amount not less than the par value of the security.

1997, c. 85, s. 211; 1999, c. 83, s. 273.

965.9.1.1. A share also qualifies for a stock savings plan if

(a)  it is acquired by an investment fund in a distribution of shares for which an exemption from filing a prospectus is provided under section 51 of the Securities Act (chapter V-1.1);

(b)  without reference to paragraphs d, d.1, e and g of section 965.7, the share would be a qualifying share; and

(c)  (paragraph repealed);

(d)  it is issued by a qualified corporation having common shares of its capital stock carrying voting rights that were listed on a Canadian stock exchange after 5 July 1973, or that were or are, after that date, the object of a distribution under the conditions provided for in subparagraph 1 of the second paragraph of section 68 of the Securities Act or in subparagraph 1 of the first paragraph of section 338 of the said Act or, after the same date, that were distributed in accordance with an authorization granted by the Régie de l’électricité et du gaz before 22 June 1979.

1988, c. 4, s. 94; 1990, c. 7, s. 100; 1993, c. 64, s. 105; 1997, c. 3, s. 71; 1999, c. 83, s. 134; 2001, c. 7, s. 169.

965.9.2. (Repealed).

1980, c. 13, s. 95; 1983, c. 44, s. 37; 1984, c. 15, s. 217; 1990, c. 7, s. 101; 1997, c. 3, s. 71; 2003, c. 9, s. 138.

965.9.3. (Repealed).

1980, c. 13, s. 95; 1983, c. 44, s. 37; 1984, c. 15, s. 217; 1988, c. 4, s. 95; 2003, c. 9, s. 138.

965.9.4. Notwithstanding sections 965.9.1.0.0.1 to 965.9.1.1, where the use, as stated in the final prospectus or the application for exemption from filing a prospectus or as may be inferred therefrom, of the major portion of the proceeds of a public share issue or of a convertible security issue is the direct or indirect payment for the acquisition of shares of another corporation or of any other negotiable instruments, a share acquired as part of the public share issue or following the exercise of a conversion right conferred on the holder of a convertible security acquired as part of the convertible security issue, as the case may be, is not a qualifying share except

(a)  where such shares or negotiable instruments are securities issued by a corporation whose name is disclosed in the final prospectus or in the application for an exemption from filing a prospectus if, immediately after the acquisition, the latter corporation is directly or indirectly a subsidiary controlled corporation of the issuing corporation whose activities or those of a subsidiary corporation it controls directly or indirectly have commercial possibilities directly linked with those of the issuing corporation or of another corporation associated therewith on the date of the receipt for the final prospectus or of the exemption from filing a prospectus and where one of the corporations other than such a subsidiary carries on a qualified business; or

(b)  where such shares or negotiable instruments will be securities issued by a corporation whose name is not disclosed in the final prospectus or in the application for an exemption from filing a prospectus, if the issuing corporation or a corporation associated therewith carries on a qualified business and where the issuing corporation states expressly in the final prospectus or in the application for an exemption from filing a prospectus that such shares or negotiable instruments will be securities issued by a corporation which, immediately after the acquisition, will be directly or indirectly a subsidiary controlled corporation of the issuing corporation whose activities or those of a subsidiary corporation it controls directly or indirectly have commercial possibilities directly linked with the activities of the issuing corporation or those of another corporation associated therewith on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

1987, c. 21, s. 50; 1989, c. 5, s. 171; 1990, c. 7, s. 102; 1997, c. 3, s. 46; 2003, c. 9, s. 139.

965.9.5. For the purposes of section 965.9.4, where the use, as stated in the final prospectus or the application for exemption from filing a prospectus or as may be inferred therefrom, of part or all of the proceeds of a public share issue or of a convertible security issue is the repayment of borrowed money or any other debt, contracted within a reasonable period of time before or after the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or the redemption of shares or of any other securities issued within such period of time, for the payment of shares or any other negotiable instruments, the use of that part or all of the proceeds shall be deemed to be a payment for such an acquisition.

1987, c. 21, s. 50; 1990, c. 7, s. 103; 2005, c. 1, s. 203.

965.9.5.1. For the purposes of sections 965.9.4 and 965.9.5, where the use that is indicated in the final prospectus or in the application for an exemption from filing a prospectus or that is inferred therefrom as regards the whole or part of the proceeds of a public share issue or of a convertible security issue is the repayment of borrowed money or of any other debt contracted by a particular corporation within a reasonable time preceding or following the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or the redemption of shares or of any other security issued within such time, for the payment of shares or of any other negotiable instrument issued by another corporation, and the issuing corporation results from the amalgamation, within the meaning of section 544, of the particular corporation and of the other corporation, the issuing corporation must be deemed to be, immediately after the acquisition mentioned in section 965.9.4, the particular corporation.

1988, c. 4, s. 96; 1990, c. 7, s. 104; 1997, c. 3, s. 71; 2005, c. 1, s. 204.

965.9.6. For the purposes of sections 965.9.4 and 965.9.5, a share or a negotiable instrument does not include,

(a)  where the issuing corporation carries on the activities of a dealer within the meaning of the Securities Act (chapter V-1.1), such property held in inventory;

(b)  where the issuing corporation is a corporation referred to in section 965.11.1, such property issued by a corporation described in paragraph d of the said section in whose administration it participates.

1987, c. 21, s. 50; 1997, c. 3, s. 71; 1997, c. 14, s. 161.

965.9.7. Section 965.9.4 does not apply where the issuing corporation is

(a)  a bank;

(b)  a body governed by the Insurance Companies Act (Statutes of Canada, 1991, chapter 47) or by the Act respecting insurance (chapter A-32);

(c)  a corporation holding a licence or otherwise authorized by the laws of Canada or of a province to offer its services there as a trustee;

(d)  a corporation whose principal business is the lending of money or the purchasing of debts; or

(e)  a corporation referred to in section 965.11.7.1.

1987, c. 21, s. 50; 1988, c. 4, s. 97; 1988, c. 64, s. 587; 1990, c. 7, s. 105; 1993, c. 16, s. 309; 1993, c. 64, s. 106; 1997, c. 3, s. 71.

965.9.7.0.1. Notwithstanding sections 965.9.1.0.0.1 to 965.9.1.1, a qualifying share does not include a share issued in a particular year, under an exemption from filing a prospectus granted under any of subparagraphs 2, 3 and 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1), by a corporation that has certified, in accordance with the first paragraph of section 965.24.2, that on 30 June in the year preceding that particular year, it would not have been a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 had that first paragraph applied on that date.

Notwithstanding the first paragraph, where, in a particular year mentioned in the first paragraph, the corporation makes a public share issue in respect of which it is stipulated that it can be the subject of a stock savings plan, or makes a convertible security issue which the holder may convert into a share in respect of which there is such a stipulation, the first paragraph does not apply to shares of the capital stock of the corporation which are issued under an exemption referred to in the first paragraph in the part of the particular year following the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public share issue or the convertible security issue.

1990, c. 7, s. 106; 1992, c. 1, s. 110; 1997, c. 3, s. 71; 2003, c. 9, s. 140.

965.9.7.0.2. Section 965.9.7.0.1 does not apply to a share issued in a particular year by a corporation that has certified, in accordance with the first paragraph of section 965.24.2, that on 30 June in the year preceding that particular year, as a result of a transaction other than a particular transaction referred to in section 965.11.19.1 in respect of which the corporation was not bound to meet the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17, the corporation would not have been a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph had applied on that date and if, during the period beginning on 1 July in the year preceding the particular year and ending on 31 December in that year, the corporation met, with reference to section 965.11.19.1, the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 in relation to that transaction, and transmitted to the Autorité des marchés financiers and to the Minister, on or before 31 December in the year preceding the particular year, a written notice certifying that it had met that requirement.

1990, c. 7, s. 106; 1992, c. 1, s. 111; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2003, c. 9, s. 141; 2004, c. 37, s. 90.

965.9.7.0.3. (Repealed).

1992, c. 1, s. 112; 1993, c. 64, s. 107; 1997, c. 3, s. 71; 2003, c. 9, s. 142.

965.9.7.0.4. (Repealed).

1992, c. 1, s. 112; 1997, c. 3, s. 71; 2003, c. 9, s. 142.

965.9.7.0.5. (Repealed).

1993, c. 64, s. 108; 1997, c. 3, s. 71; 2003, c. 9, s. 142.

965.9.7.0.6. (Repealed).

1993, c. 64, s. 108; 1997, c. 3, s. 71; 2003, c. 9, s. 142.

CHAPTER III.1 VALID SHARES

1989, c. 5, s. 172.

965.9.7.1. A share of a class of the capital stock of a corporation is a valid share if

(a)  it is acquired through a transaction on a stock exchange during a trading session;

(b)  at the time of its acquisition, it is listed on a Canadian stock exchange;

(c)  on the date of its acquisition, the class of shares of the capital stock of the corporation to which the share belongs is included in the list of the Autorité des marchés financiers; and

(d)  as part of its acquisition, the certificate attesting to it is given to the dealer referred to in section 965.2 or issued and registered in the dealer’s name or in the name of a person designated by him.

1989, c. 5, s. 172; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169; 2002, c. 45, s. 521; 2004, c. 37, s. 90.

965.9.7.2. A share of a class of the capital stock of a corporation is also a valid share if

(a)  it is acquired by an individual, an investment group or an investment fund as first purchaser, other than a dealer acting as an intermediary or as firm underwriter;

(b)  at the time of its acquisition, it is listed on a Canadian stock exchange;

(c)  it is issued by the corporation as part of a share issue referred to in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17;

(d)  on the date of its acquisition, the class of shares of the capital stock of that corporation to which the share belongs is included in the list of the Autorité des marchés financiers; and

(e)  as part of its acquisition, the certificate attesting to it is given to the dealer referred to in section 965.2 or issued and registered in the dealer’s name or in the name of a person designated by him.

1989, c. 5, s. 172; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169; 2002, c. 45, s. 521; 2003, c. 9, s. 143; 2004, c. 37, s. 90.

965.9.7.3. For the purposes of this Title, the expression “list of the Autorité des marchés financiers” means the list published periodically by the Autorité des marchés financiers which contains the names of the corporations and the designation of those classes of shares of their capital stock which may constitute valid shares.

1989, c. 5, s. 172; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2004, c. 37, s. 90.

CHAPTER III.2 QUALIFYING SECURITIES

1989, c. 5, s. 172.

965.9.8. A security also qualifies for a stock savings plan if

(a)  it is issued by an investment fund which states, in the final prospectus or in the application for an exemption from filing a prospectus relating to the issue of the security, that the security may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the security by this Title;

(a.1)  where issued by an investment fund that, in respect of its first public security issue consisting of securities that may be included in a stock savings plan, has made the election provided in section 965.6.23.1, it is a security issued as part of that first public security issue;

(b)  it is acquired for money consideration by an individual as first purchaser thereof, other than a dealer acting as an intermediary or as a firm underwriter;

(c)  before the issue of a receipt for a final prospectus or before the exemption from filing a prospectus relating to its issue, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title;

(d)  the certificate attesting to it is

i.  kept, according to the terms of an arrangement provided for in the second paragraph of section 965.2, by the investment fund that issued the security, or

ii.  given directly to the dealer referred to in the second paragraph of section 965.2 by the issuer of the certificate or by another dealer who certifies that it has been held continuously, since its issue, by a dealer acting as an intermediary or as a firm underwriter, or issued and registered in the name of the dealer or a person designated by the dealer.

1988, c. 4, s. 97; 1989, c. 5, s. 173; 1990, c. 7, s. 107; 1991, c. 8, s. 63; 1993, c. 19, s. 83; 1995, c. 1, s. 100.

CHAPTER III.3 QUALIFYING NON-GUARANTEED CONVERTIBLE SECURITIES

1992, c. 1, s. 113.

965.9.8.1. A non-guaranteed convertible security issued as part of a non-guaranteed convertible security issue also qualifies for a stock savings plan if

(a)  it is issued by a growth corporation and, before the issue of the receipt for the final prospectus relating to the non-guaranteed convertible security issue, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it respects the objectives of this Title;

(b)  it is issued by a growth corporation which states, in the final prospectus relating to the non-guaranteed convertible security issue, that the non-guaranteed convertible security issue may be included in a stock savings plan and entitles any person to the benefit provided for in respect of the security by this Title;

(c)  it is acquired for money consideration by an individual, an investment group or an investment fund as first purchaser thereof, other than a dealer acting as an intermediary or as a firm underwriter;

(d)  it is subscribed and paid;

(e)  subject to section 965.9.8.4, it would meet the following requirements if paragraphs c, c.0.1 and g of section 965.7 applied, with the necessary modifications, to a non-guaranteed convertible security:

i.  the requirements of paragraphs c and c.0.1 of the said section 965.7, where its acquirer is an investment fund; or

ii.  the requirements of paragraphs c, c.0.1 and g of the said section 965.7, where its acquirer is an individual or an investment group;

(f)  it is convertible into a common share with voting rights meeting the requirements of section 965.9.8.2;

(g)  it is of a separate class relating to the issue of non-guaranteed convertible securities.

1992, c. 1, s. 113; 1993, c. 19, s. 84; 1993, c. 64, s. 109; 1995, c. 1, s. 101; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 14, s. 162; 1997, c. 85, s. 212.

965.9.8.2. The requirements referred to in paragraph f of section 965.9.8.1, in respect of a common share with voting rights which is to be issued by reason of the exercise of a conversion right conferred on the holder of a non-guaranteed convertible security issued as part of a non-guaranteed convertible security issue are as follows:

(a)  the share meets the requirements of paragraphs c and c.0.1 of section 965.7, where the holder of the non-guaranteed convertible security is an investment fund, and the requirements of paragraphs c, c.0.1 and g of the said section 965.7, where the holder of the non-guaranteed convertible security is an individual or an investment group;

(b)  under the conditions pertaining to the issue of the non-guaranteed convertible security, the share cannot

i.  be redeemed by the issuing corporation or purchased by anyone in any manner whatever, directly or indirectly, neither in whole nor in part;

ii.  be the subject of a transaction that would result

(1)  in rendering such a share, a share substituted for such a share, a share received through a transaction referred to in section 301, 536, 541 or 544 in respect of any such shares or a substituted share redeemable by the issuing corporation or purchasable by anyone, in any manner whatever, directly or indirectly, either in whole or in part; or

(2)  in transferring property of the issuing corporation, other than a dividend, to the shareholder;

iii.  entitle the holder to a dividend that is or will be the subject of an undertaking whereby its payment is guaranteed by a person other than the issuing corporation;

(c)  the share is in a class listed on a Canadian stock exchange on the date of the receipt for the final prospectus relating to the issue of the non-guaranteed convertible security.

1992, c. 1, s. 113; 1997, c. 3, s. 71; 1999, c. 83, s. 135; 2001, c. 7, s. 169.

965.9.8.2.1. The condition provided in paragraph a of section 965.9.8.1 relating to the obtention of a favourable advance ruling from the Ministère du Revenu does not apply in respect of a non-guaranteed convertible security distributed by means of a simplified prospectus.

1993, c. 19, s. 85.

965.9.8.3. For the purposes of paragraph e of section 965.9.8.1 where that paragraph refers to paragraph c of section 965.7, a non-guaranteed convertible security that would otherwise be a qualifying non-guaranteed convertible security if the conditions pertaining to its issue did not contain, except in the case provided for in section 965.9.8.4, a stipulation to the effect that it is purchasable or redeemable is deemed to be a qualifying non-guaranteed convertible security if the sole purpose of the stipulation is to meet the requirements of an Act or the regulations governing a sector of activity.

1992, c. 1, s. 113.

965.9.8.4. Notwithstanding paragraph e of section 965.9.8.1 where that paragraph refers to paragraph c of section 965.7, a non-guaranteed convertible security issued as part of a non-guaranteed convertible security issue may, under the conditions pertaining to its issue, be, within a period of 1,825 days commencing on the date that is 1,825 days after the date of its issue, redeemed or repaid by the issuing corporation or purchased by anyone, in any manner whatever, directly or indirectly, for any amount not less than the par value of the security.

1992, c. 1, s. 113; 1997, c. 3, s. 71.

965.9.8.5. Notwithstanding section 965.9.8.1, where the use, as stated in the final prospectus or as may be inferred therefrom, of the major portion of the proceeds of a non-guaranteed convertible security issue is the direct or indirect payment for the acquisition of shares of another corporation or of any other negotiable instruments, a non-guaranteed convertible security acquired as part of the non-guaranteed convertible security issue is not a qualifying non-guaranteed convertible security, except in the cases provided for in paragraphs a and b of section 965.9.4.

1992, c. 1, s. 113; 1997, c. 3, s. 71.

965.9.8.6. For the purposes of section 965.9.8.5, where the use, as stated in the final prospectus or as may be inferred therefrom, of part or all of the proceeds of a non-guaranteed convertible security issue is either the repayment of borrowed money, or of any other debt, contracted within a reasonable period of time before or after the date of the receipt for the final prospectus, or the redemption of shares or of any other securities issued within such period of time to pay for the acquisition of shares or of any other negotiable instruments, the use of that part or all of the proceeds of the issue is deemed to be a payment for such an acquisition.

1992, c. 1, s. 113; 2005, c. 1, s. 205.

965.9.8.7. For the purposes of sections 965.9.8.5 and 965.9.8.6, where the use, as stated in the final prospectus or as may be inferred therefrom, of part or all of the proceeds of a non-guaranteed convertible security issue is the repayment of borrowed money, or of any other debt, contracted by a particular corporation within a reasonable period of time before or after the date of the receipt for the final prospectus, or the redemption of shares or of any other securities issued by the particular corporation within such period of time to pay for the acquisition of shares or of any other negotiable instrument issued by another corporation, and the corporation having made the non-guaranteed convertible security issue results from the amalgamation, within the meaning of section 544, of the particular corporation and the other corporation, the corporation having made the issue shall be deemed to be, immediately after the acquisition mentioned in section 965.9.8.4, the particular corporation.

1992, c. 1, s. 113; 1997, c. 3, s. 71; 2005, c. 1, s. 206.

965.9.8.8. For the purposes of sections 965.9.8.5 and 965.9.8.6, a share or a negotiable instrument does not include such a share or such a negotiable instrument that is property referred to in paragraph a or b of section 965.9.6.

1992, c. 1, s. 113.

965.9.8.9. Section 965.9.8.5 does not apply where the corporation having made the qualifying non-guaranteed convertible security issue referred to therein is a corporation or body described in any of paragraphs a to e of section 965.9.7.

1992, c. 1, s. 113; 1997, c. 3, s. 71.

965.9.8.10. Notwithstanding section 965.9.8.1, a qualifying non-guaranteed convertible security does not include a non-guaranteed convertible security that is acquired after 31 December 1993 and that is issued by a corporation, other than a growth corporation, as part of a non-guaranteed convertible security issue in respect of which the receipt for the final prospectus was granted before 21 May 1993, or in respect of which the receipt for the preliminary prospectus was granted before 21 May 1993 and the receipt for the final prospectus was granted after 20 May 1993 but before 1 January 1994.

1993, c. 64, s. 110; 1995, c. 1, s. 102; 1997, c. 3, s. 71.

CHAPTER IV QUALIFIED CORPORATIONS

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1997, c. 3, s. 71.

965.10. A corporation that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue is a qualified corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it is a Canadian corporation;

(a.1)  its assets are under $350,000,000;

(b)  (paragraph repealed);

(c)  its central management is in Québec or it has a wage bill in respect of its employees, within the meaning of the regulations made pursuant to section 771, of which more than one-half was paid during its last taxation year ended before that date to employees of its establishment situated in Québec;

(d)  not more than 50% of the value of its property, as shown in its financial statements submitted to the shareholders for its last taxation year ended before that date, or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, is constituted of shares, stocks, promissory notes, debentures, bonds, any other debt securities, guaranteed investment certificates, units of a mutual trust fund, units representing an undivided share in a project or property, subscription rights or purchasing rights to such shares that are not property described in section 965.11 or cash on hand or on deposit; and

(e)  it had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders

i.  throughout the preceding 12 months, or

ii.  throughout the preceding six months where

(1)  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan, and

(2)  a class of shares of its capital stock is listed on a Canadian stock exchange on that date.

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 51; 1988, c. 4, s. 98; 1990, c. 7, s. 108; 1992, c. 1, s. 114; 1993, c. 64, s. 111; 1995, c. 63, s. 103; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 136; 2000, c. 39, s. 111; 2001, c. 7, s. 169; 2004, c. 21, s. 226.

965.10.1. For the purposes of paragraph d of section 965.10, the following rules apply:

(a)  (paragraph repealed);

(b)  in the case of a corporation in its first fiscal period, except in the case provided for in paragraph d, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or the exemption from filing a prospectus shall be replaced by a reference to its financial statements at the beginning of its first fiscal period;

(c)  in the case of a corporation having modified its usual and accepted fiscal period within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus otherwise than as a result of an amalgamation within the meaning of section 544, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or the exemption from filing a prospectus shall be replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended within the 365 days preceding the date of the receipt for the final prospectus or the exemption from filing a prospectus;

(d)  in the case of a corporation resulting from an amalgamation within the meaning of section 544 within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus shall be replaced by a reference to its financial statements submitted to the shareholders at the beginning of its first fiscal period where the corporation is in its first fiscal period, or for each of the taxation years ended since the amalgamation in other cases, and to the financial statements submitted to the shareholders of the predecessor corporation referred to in section 965.10.2 for each of its taxation years ended within the 365 days preceding the time of amalgamation.

1984, c. 15, s. 218; 1984, c. 35, s. 24; 1986, c. 15, s. 140; 1987, c. 21, s. 52; 1995, c. 63, s. 104; 1997, c. 3, s. 71; 2003, c. 9, s. 144.

965.10.1.1. For the purposes of paragraph d of section 965.10, where the use, as indicated by a corporation in a final prospectus or an exemption from filing a prospectus or as may be inferred therefrom, of the major portion of the proceeds of a public share issue, convertible security issue or non-guaranteed convertible security issue is the financing of scientific research and experimental development carried on in Québec, the corporation may elect that the following rules apply:

(a)  the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is replaced, where applicable, by a reference to its last interim financial statements, before that date, as audited and submitted to the shareholders;

(a.1)  paragraph d of the said section 965.10 shall be read without reference to “promissory notes, debentures, bonds, any other debt securities, guaranteed investment certificates,” and “or cash on hand or on deposit”;

(b)  the value of the property mentioned therein is increased by the amount of expenditures in respect of scientific research and experimental development carried on in Québec in the taxation years ended in a 60 consecutive month period ending on the date of the financial statements considered and, in the case of interim financial statements, is also increased by the amount of expenditures in respect of scientific research and experimental development carried on in Québec in the period covered by those interim financial statements.

1990, c. 7, s. 109; 1992, c. 1, s. 115; 1995, c. 1, s. 103; 1995, c. 63, s. 105; 1997, c. 3, s. 71.

965.10.1.2. For the purposes of paragraph d of section 965.10, where, between the end of the last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus and the date of that receipt or of that exemption, a substantial change occurs in relation to the composition of the property of a corporation and the Minister is of the opinion that the objectives of this Title are met, the Minister may, for the purpose of determining whether the value of the property of the corporation that are referred to in that paragraph d exceed 50%, consult any document the Minister considers appropriate in the circumstances, including the last audited interim financial statements of the corporation, prepared before the date of the receipt for the final prospectus or of the exemption from filing a prospectus and submitted to the shareholders.

For the purposes of the first paragraph, a substantial change in relation to the composition of the property of a corporation means a decrease of at least 25 points between the percentage representing the proportion that the value of the property referred to in paragraph d of section 965.10 is of the total value of its property, as shown in its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, and the percentage representing the proportion that the value of the property referred to in paragraph d of section 965.10 is of the total value of its property, as shown in its last interim financial statements, or, where such financial statements have not been prepared, in any other document the Minister considers appropriate in the circumstances.

2004, c. 21, s. 227.

965.10.1.3. For the purposes of subparagraph i of paragraph e of section 965.10, a corporation is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the corporation, in the period referred to in paragraph a, with services under a service contract and the corporation would normally require the services of more than five full-time employees if those services were not provided.

2004, c. 21, s. 227.

965.10.2. For the purposes of section 965.10, where a corporation results from an amalgamation within the meaning of section 544 and a period of at least 12 months has not elapsed between the time of the amalgamation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the requirement in paragraph e of section 965.10 shall be replaced by the requirement that that corporation have, throughout the period from the time of the amalgamation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders and for one of the predecessor corporations to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of that Act or persons related to such insiders

(a)  throughout a 12-month period that includes the time of the amalgamation and that is established as if the period from the time of the amalgamation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the predecessor corporation and not to the corporation resulting from the amalgamation; or

(b)  throughout a 6-month period that includes the time of the amalgamation and that is established as if the period from the time of the amalgamation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the predecessor corporation and not to the corporation resulting from the amalgamation, where

i.  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

ii.  a class of shares of its capital stock is listed on a Canadian stock exchange immediately before the time of the amalgamation, and

iii.  a class of shares of the capital stock of the corporation resulting from the amalgamation is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of subparagraph a of the first paragraph, a predecessor corporation is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the time of the amalgamation, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the predecessor corporation, in the period referred to in subparagraph a, with services under a service contract and that predecessor corporation would normally require the services of more than five full-time employees if those services were not provided.

1987, c. 21, s. 53; 1997, c. 3, s. 71; 1999, c. 83, s. 137; 2000, c. 39, s. 112; 2001, c. 7, s. 169; 2004, c. 21, s. 228.

965.10.3. For the purposes of section 965.10.2, where the predecessor corporation referred to in that section is itself a corporation resulting from an amalgamation within the meaning of section 544, in this section referred to as the “original amalgamation”, and a period of at least 12 months has not elapsed between the time of the original amalgamation and the time it became a predecessor corporation, in this section referred to as the “time of the subsequent amalgamation”, the requirement last provided in its respect in the first paragraph of section 965.10.2 concerning the number of employees shall be replaced by the requirement that that corporation have, throughout the period from the time of the original amalgamation to the time of the subsequent amalgamation, not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders and for one of the predecessor corporations to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of that Act or persons related to such insiders

(a)  throughout a 12-month period that includes the time of the original amalgamation and that is established as if the period from the time of the original amalgamation to the time of the subsequent amalgamation were applicable to the predecessor corporation and not to the corporation resulting from the amalgamation; or

(b)  throughout a 6-month period that includes the time of the original amalgamation and that is established as if the period from the time of the original amalgamation to the time of the subsequent amalgamation were applicable to the predecessor corporation and not to the corporation resulting from the amalgamation, where

i.  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

ii.  a class of shares of its capital stock is listed on a Canadian stock exchange immediately before the time of the amalgamation, and

iii.  a class of shares of the capital stock of the corporation referred to in section 965.10.2, resulting from an amalgamation, is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of subparagraph a of the first paragraph, a predecessor corporation is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the time of the original amalgamation, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the predecessor corporation, in the period referred to in subparagraph a, with services under a service contract and that predecessor corporation would normally require the services of more than five full-time employees if those services were not provided.

For the purposes of the first paragraph, where the predecessor corporation referred to lastly in that paragraph, or a predecessor corporation which is referred to lastly in that paragraph as a result of the application of this paragraph, is itself a corporation resulting from an amalgamation within the meaning of section 544 and a period of at least 12 months has not elapsed between the time of the original amalgamation and the time of the subsequent amalgamation, the rule set out in the first paragraph applies in relation to the requirement in its respect concerning the number of employees prescribed lastly in that paragraph.

1992, c. 1, s. 116; 1997, c. 3, s. 71; 1999, c. 83, s. 138; 2000, c. 39, s. 113; 2001, c. 7, s. 169; 2004, c. 21, s. 229.

965.10.3.1. For the purposes of section 965.10, where a corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue does not meet the requirement of paragraph e of that section and a winding-up as described in section 556 of a subsidiary within the meaning of that section in respect of which the corporation is, immediately before the commencement of the winding-up, the parent, within the meaning of that section, commences or terminates within the 12-month period immediately preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or commences before and terminates after that period, the requirement is replaced by the following requirements:

(a)  the corporation shall, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, have not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders;

(b)  the subsidiary shall have not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders

i.  throughout a 12-month period that includes the commencement of its winding-up and that is established as if the period from the commencement of its winding-up to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the subsidiary and not to the parent corporation, or

ii.  throughout a 6-month period that includes the commencement of its winding-up and that is established as if the period from the commencement of its winding-up to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the subsidiary and not to the parent corporation, where

(1)  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

(2)  a class of shares of its capital stock is listed on a Canadian stock exchange immediately before the commencement of its winding-up, and

(3)  a class of shares of the capital stock of the corporation is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of subparagraph i of subparagraph b of the first paragraph, a subsidiary is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period immediately preceding the commencement of its winding-up, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the subsidiary, in the period referred to in subparagraph a, with services under a service contract and the subsidiary would normally require the services of more than five full-time employees if those services were not provided.

1997, c. 14, s. 163; 1999, c. 83, s. 139; 2000, c. 39, s. 114; 2001, c. 7, s. 169; 2004, c. 21, s. 230.

965.10.3.2. For the purposes of section 965.10.3.1, where the subsidiary, in this section referred to as the “particular subsidiary”, does not meet the requirement of subparagraph b of the first paragraph of that section and a winding-up as described in section 556 of a subsidiary within the meaning of that section, in this section referred to as the “other subsidiary”, in respect of which the particular subsidiary is, immediately before the commencement of the winding-up, the parent, within the meaning of that section, commences or terminates within the 12-month period immediately preceding the commencement of the winding-up of the particular subsidiary, or commences before and terminates after that period, the requirement is replaced by the following requirements:

(a)  the particular subsidiary shall, immediately before the commencement of its winding-up, have not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders;

(b)  the other subsidiary shall have not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders

i.  throughout a 12-month period that includes the commencement of its winding-up and that is established as if the period from the commencement of its winding-up to the commencement of the winding-up of the particular subsidiary were applicable to the other subsidiary and not to the particular subsidiary, or

ii.  throughout a 6-month period that includes the commencement of its winding-up and that is established as if the period from the commencement of its winding-up to the commencement of the winding-up of the particular subsidiary were applicable to the other subsidiary and not to the particular subsidiary, where

(1)  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

(2)  a class of shares of its capital stock is listed on a Canadian stock exchange immediately before the commencement of its winding-up, and

(3)  a class of shares of the capital stock of the corporation referred to in section 965.10.3.1 that makes an issue referred to therein is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the other subsidiary is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period immediately preceding the commencement of its winding-up, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the other subsidiary, in the period referred to in subparagraph a, with services under a service contract and that other subsidiary would normally require the services of more than five full-time employees if those services were not provided.

For the purposes of the first paragraph, where the other subsidiary does not meet the requirement of subparagraph b of that paragraph and a winding-up as described in section 556 of a subsidiary within the meaning of that section, in this paragraph referred to as the “underlying subsidiary”, in respect of which the other subsidiary is, immediately before the commencement of the winding-up, the parent, within the meaning of that section, commences or terminates within the 12-month period immediately preceding the commencement of the winding-up of the other subsidiary, or commences before and terminates after that period, the other subsidiary is deemed to meet the requirement where the other subsidiary meets the requirement of subparagraph a of the first paragraph and the underlying subsidiary meets the requirement of subparagraph b of that paragraph, if

(a)  the other subsidiary is deemed to be the particular subsidiary in respect of the requirement of subparagraph a of the first paragraph; and

(b)  the underlying subsidiary is deemed to be the other subsidiary in respect of the requirement of subparagraph b of the first paragraph.

1997, c. 14, s. 163; 1999, c. 83, s. 140; 2000, c. 39, s. 115; 2001, c. 7, s. 169; 2004, c. 21, s. 231.

965.10.4. For the purposes of section 965.10, where a period of at least 12 months has not elapsed between the time of the beginning of the carrying on of a particular business by a corporation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus, and the particular business carried on by the corporation may, if the Minister so decides, be considered in fact to consist mainly in the continuance of a business or part of a business carried on by another taxpayer before the time of the beginning of the carrying on of the particular business by the corporation, the requirement in paragraph e of section 965.10 shall be replaced by the requirement to have, throughout the period from the time of the beginning of the carrying on of the particular business by the corporation to the date of the receipt for the final prospectus or the exemption from filing a prospectus, not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders and, immediately before the time of the beginning of the carrying on of the particular business by the corporation, for the other taxpayer to have had, in relation to that business or part of a business, not fewer than five full-time employees who are not insiders within the meaning of section 89 of that Act or persons related to such insiders

(a)  throughout a 12-month period that includes the time of the beginning of the carrying on of the particular business by the corporation and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the corporation; or

(b)  throughout a 6-month period that includes the time of the beginning of the carrying on of the particular business by the corporation and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the corporation, where

i.  the other taxpayer has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

ii.  a class of shares of the capital stock of the other taxpayer is listed on a Canadian stock exchange immediately before the time of the beginning of the carrying on of the particular business by the corporation, and

iii.  a class of shares of the capital stock of the corporation is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of the first paragraph, the continuance of a business or part of a business carried on by another taxpayer before the beginning of the carrying on, by a corporation, of the particular business results from

(a)  the acquisition or rental, by the corporation, of property from the other taxpayer who, throughout the part of the period described in subparagraph a or b of the first paragraph preceding that acquisition or rental, carried on a business in which the other taxpayer used that property; or

(b)  the carrying on, by the corporation, of a new business that may reasonably be considered in fact to consist mainly in the extension of a business or part of a business carried on by the other taxpayer.

For the purposes of subparagraph a of the first paragraph, the other taxpayer is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the time of the beginning of the carrying on of the particular business by the corporation, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the other taxpayer, in the period referred to in subparagraph a, with services under a service contract and that other taxpayer would normally require the services of more than five full-time employees if those services were not provided.

2002, c. 9, s. 29; 2004, c. 21, s. 232.

965.11. Property the description of which is contemplated in paragraph d of section 965.10 is the following:

(a)  voting shares representing not less than 20% of the voting shares of a given corporation meeting the requirement of paragraph d of section 965.10;

(a.1)  promissory notes, debentures, bonds or other debt securities issued by a given corporation contemplated in paragraph a and shares without voting rights of such a given corporation;

(b)  debentures, bonds or shares issued by a cooperative, other than a savings and credit union, meeting the requirements of paragraph d of section 965.10;

(c)  promissory notes or other debt securities obtained in the ordinary course of its business and held by a bank, a body governed by the Insurance Companies Act (Statutes of Canada, 1991, chapter 47) or by the Act respecting insurance (chapter A-32), a corporation holding a licence or otherwise authorized by the laws of Canada or a province to offer its services there as a trustee, or any other corporation whose principal business is the lending of money or the purchasing of debts;

(d)  property held in inventory by a corporation carrying on the activities of a dealer within the meaning of the Securities Act (chapter V-1.1).

1979, c. 14, s. 4; 1983, c. 44, s. 37; 1987, c. 21, s. 54; 1988, c. 64, s. 587; 1990, c. 7, s. 110; 1993, c. 16, s. 310; 1993, c. 64, s. 112; 1995, c. 49, s. 220; 1997, c. 3, s. 71; 1997, c. 14, s. 164; 1999, c. 83, s. 141.

965.11.1. A corporation that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue is a qualified corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it fulfills the requirements of paragraphs a to c of section 965.10;

(b)  (paragraph repealed);

(c)  its activity consists mainly in investing funds in the form of shares or capital stock of other corporations or in extending non-guaranteed loans;

(d)  more than 50% of the value of the investments mentioned in paragraph c, as shown in its financial statements submitted to the shareholders for its last taxation year ended before that date, or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, is constituted of investments in corporations that mainly carry on their activities in Québec and whose shares are not listed on a stock exchange;

(e)  it participates in the administration of at least five different corporations described in paragraph d in which it holds investments mentioned in paragraph c;

(f)  it attests to the Minister, in prescribed form, that it undertakes to fulfill the requirement of paragraph a, except where it refers to paragraph a.1 of section 965.10, as well as the requirements of paragraphs c to e, throughout the 24 months following that date.

1986, c. 15, s. 141; 1988, c. 4, s. 99; 1990, c. 7, s. 111; 1992, c. 1, s. 117; 1995, c. 63, s. 106; 1997, c. 3, s. 71.

965.11.2. A qualified corporation contemplated in section 965.11.1 shall, throughout the 24 months following the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of a public share issue, a convertible security issue or a non-guaranteed convertible security issue, fulfill the requirement of paragraph a of the said section 965.11.1, except where it refers to paragraph a.1 of section 965.10, as well as the requirements of paragraphs c to e of the said section 965.11.1.

1986, c. 15, s. 141; 1990, c. 7, s. 112; 1992, c. 1, s. 118; 1997, c. 3, s. 71.

965.11.3. For the purposes of application of paragraph f of section 965.11.1 and of section 965.11.2 at a particular time during the twenty-four months mentioned therein, the requirement provided in paragraph d of section 965.11.1 shall, where the financial statements submitted to the shareholders for the last taxation year of the corporation ended before that date are referred to, be interpreted as a requirement in respect of the statements submitted to the shareholders for the last taxation year of the corporation ended before the particular time.

1986, c. 15, s. 141; 1997, c. 3, s. 71.

965.11.4. For the purposes of paragraph d of section 965.11.1,

(a)  in the case of a corporation that is in its first fiscal period, except in the case provided for in paragraph c, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus shall be replaced by a reference to its financial statements at the beginning of its first fiscal period;

(b)  in the case of a corporation having modified its usual and accepted fiscal period within the 365 days preceding the date of the receipt for the final prospectus or the exemption from filing a prospectus otherwise than as a result of an amalgamation within the meaning of section 544, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or the exemption from filing a prospectus shall be replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended within the 365 days preceding the date of the receipt for the final prospectus or the exemption from filing a prospectus;

(c)  in the case of a corporation resulting from an amalgamation within the meaning of section 544 within the 365 days preceding the date of the receipt for the final prospectus or the exemption from filing a prospectus, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or the exemption from filing a prospectus shall be replaced by a reference to its financial statements submitted to the shareholders at the beginning of its first fiscal period where the corporation is in its first fiscal period, or for each of the taxation years ended since the amalgamation in other cases, and to the financial statements submitted to the shareholders of the predecessor corporation which, immediately before the time of amalgamation, met the requirement of paragraph d of the said section 965.11.1, for each of its taxation years ended within the 365 days preceding the time of amalgamation.

1986, c. 15, s. 141; 1987, c. 21, s. 55; 1997, c. 3, s. 71.

965.11.5. A corporation that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue is a qualified corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it is a Canadian corporation whose head office or principal place of business is in Québec;

(b)  (subparagraph repealed);

(c)  substantially all its property consists of shares of the capital stock of one or more of its subsidiary controlled corporations or of loans or advances granted to such subsidiary corporations;

(d)  one of the subsidiary corporations meets the requirements of paragraphs a to d of section 965.10 and had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders

i.  throughout the 12 months preceding that date, or

ii.  throughout the six months preceding that date where

(1)  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan, and

(2)  a class of shares of the capital stock of the corporation is listed on a Canadian stock exchange on that date.

For the purposes of subparagraph i of subparagraph d of the first paragraph, a subsidiary is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the subsidiary, in the period referred to in subparagraph a, with services under a service contract and the subsidiary would normally require the services of more than five full-time employees if those services were not provided.

1987, c. 21, s. 56; 1988, c. 4, s. 100; 1990, c. 7, s. 113; 1992, c. 1, s. 119; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 142; 1999, c. 83, s. 273; 2000, c. 39, s. 116; 2001, c. 7, s. 169; 2004, c. 21, s. 233.

965.11.6. A corporation that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue is a qualified corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it fulfils the requirements of subparagraphs a to c of the first paragraph of section 965.11.5;

(b)  one of the subsidiary corporations referred to in the said section 965.11.5 fulfils the requirements of paragraphs a to f of section 965.11.1; and

(c)  it attests to the Minister, in prescribed form, that it undertakes that its subsidiary corporation referred to in paragraph b will fulfill the requirement of paragraph a of section 965.11.1, except where it refers to paragraph a.1 of section 965.10, as well as the requirement of paragraphs c to e of the said section 965.11.1, throughout the 24 months following that date.

1987, c. 21, s. 56; 1990, c. 7, s. 114; 1992, c. 1, s. 120; 1997, c. 3, s. 71; 2004, c. 21, s. 234.

965.11.7. A qualified corporation under section 965.11.6 whose subsidiary corporation referred to in paragraph b of the said section fulfills the requirement of paragraphs a to f of section 965.11.1 shall, throughout the 24 months following the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of a public share issue, a convertible security issue or a non-guaranteed convertible security issue, see to it that the subsidiary corporation fulfills the requirement of paragraph a of the said section 965.11.1, except where it refers to paragraph a.1 of section 965.10, as well as the requirements of paragraphs c to e of the said section 965.11.1.

1987, c. 21, s. 56; 1990, c. 7, s. 115; 1992, c. 1, s. 121; 1997, c. 3, s. 71.

965.11.7.1. A corporation that is certified by the Minister of Economic Development, Innovation and Export Trade as a regional venture capital corporation and makes a public share issue after 11 November 1986 is a qualified corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it fulfills the requirements of paragraphs a to c of section 965.10;

(b)  its head office or principal place of business is in Québec;

(c)  (paragraph repealed);

(d)  its activities consist almost exclusively in investing its funds in a regional joint investment venture which is certified by the Minister of Economic Development, Innovation and Export Trade.

1988, c. 4, s. 101; 1988, c. 41, s. 89; 1992, c. 1, s. 122; 1994, c. 16, s. 51; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 31, s. 89; 1997, c. 85, s. 213; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 2006, c. 8, s. 31.

965.11.8. (Repealed).

1987, c. 21, s. 56; 1988, c. 4, s. 102; 1997, c. 3, s. 71; 2003, c. 9, s. 145.

965.11.9. (Repealed).

1987, c. 21, s. 56; 1988, c. 4, s. 102; 1997, c. 3, s. 71; 2003, c. 9, s. 145.

965.11.9.1. (Repealed).

1989, c. 5, s. 174; 1997, c. 3, s. 71; 2003, c. 9, s. 145.

965.11.10. (Repealed).

1987, c. 21, s. 56; 1988, c. 4, s. 103.

965.11.11. For the purposes of this Title, “qualified corporation” does not include a corporation that, in the period beginning on the first day of the fifth calendar year preceding the calendar year during which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a share issue, convertible security issue or non-guaranteed convertible security issue, and ending at the time the receipt or exemption is granted, makes a particular transaction consisting in the purchase or redemption, after 16 December 1986, in any manner whatever, directly or indirectly, of a share of a class of its capital stock other than a share described in section 965.11.12.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each particular transaction, made an issue of shares of its capital stock that meet the requirement of paragraph c of section 965.7 and are not qualifying shares, for an amount equal to or greater than the amount of the particular transaction.

1988, c. 4, s. 104; 1997, c. 3, s. 71; 1997, c. 85, s. 214.

965.11.12. A share to which section 965.11.11 refers is

(a)  a share that is a fractional share;

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus made after 16 December 1986 or, as a result of a transaction referred to in section 301, 536, 541 or 544 in respect of a share meeting, at the time of its issue, the requirement of paragraph c of section 965.7 or in respect of a share substituted for such a share;

(c)  a share purchased or redeemed to meet the requirements of an Act or the regulations governing a sector of activities;

(d)  a share issued with a stipulation that it could be included in a stock savings plan or a share belonging to a class of shares some of which were issued with such a stipulation and that is purchased or redeemed by virtue of an obligation stated in the articles of a corporation before 7 May 1986; or

(e)  a share not described in paragraphs a to d and purchased or redeemed by virtue of an obligation stated in the articles of a corporation before 17 December 1986.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.13. For the purposes of this Title, “qualified corporation” does not include a corporation whose shares of a class of its capital stock are, after 16 December 1986, in the period beginning on the first day of the fifth calendar year preceding the calendar year during which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a share issue, convertible security issue or non-guaranteed convertible security issue, and ending at the time the receipt or exemption is granted, the subject of a particular transaction consisting of a transaction or operation or series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the particular transaction is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.11.14.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each particular transaction and for an amount determined in section 965.11.15, made an issue of shares of its capital stock that meet the requirement of paragraph c of section 965.7 and are not qualifying shares or until shares of the capital stock of the corporation have been the subject, in respect of each particular transaction, of a transaction or operation or series of transactions or operations, for an amount determined in section 965.11.15, if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or series of transactions or operations is equivalent to the issue of shares of the capital stock of the corporation that meet the requirement of paragraph c of section 965.7.

1988, c. 4, s. 104; 1997, c. 3, s. 71; 1997, c. 85, s. 215.

965.11.14. A share to which section 965.11.13 refers is

(a)  a share that is a fractional share;

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus made after 16 December 1986 or, as a result of a transaction referred to in section 301, 536, 541 or 544, in respect of a share meeting at the time of its issue, the requirement of paragraph c of section 965.7 or in respect of a share substituted for such a share;

(c)  a share that is the subject of a transaction or operation or series of transactions or operations where the transaction or operation or series of transactions or operations is effected to meet the requirements of an Act or the regulations governing a sector of activities;

(d)  a share issued with a stipulation that it could be included in a stock savings plan or a share belonging to a class of shares some of which were issued with such a stipulation and that is the subject of a transaction or operation or series of transactions or operations where the transaction or operation or series of transactions or operations is effected by virtue of an obligation stated in the articles of a corporation before 7 May 1986; or

(e)  a share not described in paragraphs a to d and that is the subject of a transaction or operation or series of transactions or operations where the transaction or operation or series of transactions or operations is effected by virtue of an obligation stated in the articles of a corporation before 17 December 1986.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.15. The amount to which the second paragraph of section 965.11.13 refers is an amount that, in the opinion of the Minister, is equal to or greater than the amount that would have been disbursed for the acquisition of the shares which, but for a transaction or operation or series of transactions or operations referred to in the first paragraph of section 965.11.13, would have been purchased or redeemed.

1988, c. 4, s. 104.

965.11.16. Without restricting the generality of the first paragraph of section 965.11.13, the Minister may exercise his power under that paragraph, in particular, where shares of the capital stock of a corporation that are not described in section 965.11.14 are acquired by a person related to the corporation.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.17. For the purposes of this Title, “qualified corporation” does not include a corporation the net shareholders’ equity of which, in the period beginning on the first day of the fifth calendar year preceding the calendar year during which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a share issue, convertible security issue or non-guaranteed convertible security issue, and ending at the time the receipt or exemption is granted, is modified, directly or indirectly, in any manner whatever, as a result of a particular transaction consisting of a transaction or operation or series of transactions or operations other than a transaction or operation or series of transactions or operations referred to in section 965.11.19 if, in the opinion of the Minister, it is reasonable to believe that the particular transaction is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.11.18.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each particular transaction, made an issue of shares of its capital stock which meet the requirement of paragraph c of section 965.7 and are not qualifying shares or until the net shareholders’ equity of the corporation has been the subject, in respect of each particular transaction, of a transaction or operation or series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or series of transactions or operations is equivalent to the issue of such shares of the capital stock of the corporation, for an amount which, in the opinion of the Minister, is equal to or greater than the amount by which the net shareholders’ equity was modified.

Without restricting the generality of the foregoing, the Minister may render such a decision where, in particular, a corporation makes a large distribution of its surplus, except such a distribution in shares of its capital stock.

1988, c. 4, s. 104; 1997, c. 3, s. 71; 1997, c. 85, s. 216.

965.11.18. A share to which the first paragraph of section 965.11.17 refers is

(a)  a share that is a fractional share;

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus made after 16 December 1986 or, as a result of a transaction referred to in section 301, 536, 541 or 544, in respect of a share meeting, at the time of its issue, the requirement of paragraph c of section 965.7 or in respect of any share substituted for such a share.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.19. A transaction or operation or series of transactions or operations referred to in the first paragraph of section 965.11.17 is a transaction or operation or series of transactions or operations effected to meet the requirements of an Act or the regulations governing a sector of activities or effected by virtue of an obligation stated in the articles of a corporation before 17 December 1986.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.19.1. For the purposes of this Title, a corporation that has made a particular transaction referred to in the first paragraph of section 965.11.11, 965.11.13 or 965.11.17, is not required to meet the requirement set out in the second paragraph of section 965.11.11, 965.11.13 or 965.11.17, where applicable, in respect of the particular transaction if the aggregate of the amounts by which its capital stock has been reduced as a result of the particular transaction and of every other transaction consisting of a particular transaction referred to in the first paragraph of the said sections that is made during the period which begins on the three hundred and sixty-fourth day preceding the day of the particular transaction and ends immediately before the particular transaction is made is less than 5% of the amount, determined immediately before the particular transaction is made, of the paid-up capital

(a)  relating to the shares of its capital stock other than shares described in section 965.11.12, 965.11.14 or 965.11.18; and

(b)  relating to the subscription rights in shares referred to in paragraph a.

1989, c. 5, s. 175; 1997, c. 3, s. 71; 1997, c. 85, s. 217.

965.11.19.2. For the purposes of this Title, a corporation that plans to make a share issue, a non-guaranteed convertible security issue or a convertible security issue that can be included in a stock savings plan as qualifying shares or qualifying non-guaranteed convertible securities or that, in the case of convertible securities, may be converted into qualifying shares, no share of the capital stock of which, no convertible security and no non-guaranteed convertible security was issued with a stipulation that it could be included in a stock savings plan or was issued, as a result of a transaction referred to in section 541 or 544 other than a transaction referred to in section 555.1, in replacement or substitution for a share, non-guaranteed convertible security or convertible security issued with such a stipulation, and that makes before the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to its issue or has made a particular transaction referred to in the first paragraph of section 965.11.11, 965.11.13 or 965.11.17, is not required to meet the requirement set out in the second paragraph of section 965.11.11, 965.11.13 or 965.11.17, where applicable, in respect of the particular transaction, if the aggregate of the amounts by which its capital stock has been reduced as a result of the particular transaction and of every other transaction consisting of a particular transaction referred to in the first paragraph of the said sections that is made during the period which begins on the three hundred and sixty-fourth day preceding the day of the particular transaction and ends immediately before the particular transaction is made is less than 10% of the amount of the share issue, non-guaranteed convertible security issue or convertible security issue that the corporation plans to make.

1989, c. 5, s. 175; 1997, c. 3, s. 71; 1997, c. 85, s. 218.

965.11.19.3. Notwithstanding sections 965.11.11 to 965.11.19.2, a corporation may make a transaction referred to in those sections without having to meet the requirement in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if, in the opinion of the Minister, an undesirable situation would otherwise result therefrom.

1989, c. 5, s. 175; 1997, c. 3, s. 71; 2003, c. 9, s. 146.

965.11.19.4. For the purposes of sections 965.10, 965.10.2 to 965.10.3.2 and 965.11.5, for the purpose of determining whether, throughout the 12 months that precede the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a class of shares of a corporation’s capital stock was listed on a Canadian stock exchange, no account shall be taken of any period during which such a class of shares of a corporation was listed on a Canadian stock exchange as a class of shares of a capital pool company.

2003, c. 9, s. 147; 2004, c. 21, s. 235.

965.11.20. For the purposes of this Title, “qualified corporation” does not include a corporation that effects a transaction or operation or series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or series of transactions or operations is effected to meet the requirements of paragraph d or e of section 965.10.

1988, c. 4, s. 104; 1997, c. 3, s. 71.

965.11.21. For the purposes of this Title, “qualified corporation” does not include a particular corporation that results from the amalgamation of a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), which benefited from a qualified investment referred to in section 1049.4 and the Québec business investment company, within the meaning of that Act, that made the investment as part of a transaction referred to in subparagraph b of the second paragraph of section 1049.4, or another corporation that results from the amalgamation of corporations to which the particular corporation is a party, where the final prospectus or the exemption from filing a prospectus relating to a share issue, a convertible security issue or a non-guaranteed convertible security issue is granted to the particular corporation or the other corporation, as the case may be, after the date of the transaction and before the expiry of 24 months following the acquisition of the investment by the Québec business investment company.

2002, c. 40, s. 92.

965.12. (Repealed).

1983, c. 44, s. 37; 1986, c. 15, s. 142; 1990, c. 7, s. 116.

CHAPTER V

Repealed, 2003, c. 9, s. 148.

1983, c. 44, s. 37; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.13. (Repealed).

1983, c. 44, s. 37; 1984, c. 35, s. 21; 1987, c. 21, s. 57; 1989, c. 5, s. 176; 1990, c. 7, s. 117; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.14. (Repealed).

1983, c. 44, s. 37; 1984, c. 35, s. 21; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.15. (Repealed).

1983, c. 44, s. 37; 1984, c. 35, s. 21; 1988, c. 4, s. 105; 1989, c. 5, s. 177; 1990, c. 7, s. 118; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.16. (Repealed).

1983, c. 44, s. 37; 1984, c. 35, s. 25; 1988, c. 4, s. 106; 1989, c. 5, s. 178; 1990, c. 7, s. 119; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.16.0.1. (Repealed).

1987, c. 21, s. 58; 1988, c. 4, s. 107; 1989, c. 5, s. 179; 1990, c. 7, s. 120; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.16.0.2. (Repealed).

1988, c. 4, s. 108; 1989, c. 5, s. 180; 1990, c. 7, s. 121; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.16.1. (Repealed).

1983, c. 44, s. 37; 1984, c. 15, s. 219; 1984, c. 35, s. 26; 1986, c. 15, s. 143; 1987, c. 21, s. 59; 1988, c. 4, s. 109; 1990, c. 7, s. 122; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

965.17. (Repealed).

1983, c. 44, s. 37; 1990, c. 7, s. 123; 1997, c. 3, s. 71; 1997, c. 14, s. 165; 2003, c. 9, s. 148.

965.17.1. (Repealed).

1992, c. 1, s. 123; 1997, c. 3, s. 71; 2003, c. 9, s. 148.

CHAPTER V.1 GROWTH CORPORATIONS

1992, c. 1, s. 123; 1997, c. 3, s. 71.

965.17.2. A qualified corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue is a growth corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  its head office or principal place of business is in Québec;

(b)  it carries on, as its main activity, a qualified business;

(c)  it is a corporation that had not fewer than five full-time employees who were not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons who were related to such insiders

i.  throughout the 12 months preceding that date, or

ii.  throughout the six months preceding that date where

(1)  it has already made a public issue of shares with the stipulation that they could be included in a stock savings plan, and

(2)  a class of shares of its capital stock is listed on a Canadian stock exchange on that date;

(d)  its assets are under $350,000,000; and

(e)  unless it is a corporation carrying on a business of a community nature recognized by the Government, its assets, as determined under section 965.3, are more than $2,000,000.

For the purposes of subparagraph b of the first paragraph, for the purpose of determining whether a qualified corporation is carrying on, as its main activity, a qualified business, the carrying on of such a business by a subsidiary of the qualified corporation shall be taken into account.

For the purposes of subparagraph i of subparagraph c of the first paragraph, a corporation is deemed to have had not fewer than five full-time employees who were not insiders within the meaning of section 89 of the Securities Act or persons who were related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the corporation, in the period referred to in subparagraph a, with services under a service contract and the corporation would normally require the services of more than five full-time employees if those services were not provided.

For the purposes of subparagraph a of the third paragraph, for the purpose of determining whether, throughout the 12 months that precede the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a class of shares of a corporation’s capital stock was listed on a Canadian stock exchange, no account shall be taken of any period during which such a class of shares of a corporation was listed on a Canadian stock exchange as a class of shares of a capital pool company.

1992, c. 1, s. 123; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 143; 2000, c. 39, s. 117; 2001, c. 7, s. 169; 2002, c. 9, s. 30; 2003, c. 9, s. 149; 2004, c. 21, s. 236.

965.17.3. A qualified corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue is also a growth corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  its head office or principal place of business is in Québec;

(b)  substantially all its property consists of shares of the capital stock of one or more of its subsidiary controlled corporations or of loans or advances granted to such subsidiary corporations;

(c)  one of the subsidiary corporations referred to in paragraph b

i.  whose control was acquired by the qualified corporation more than 12 months before that date fulfills, subject to section 965.17.3.1, the requirements of subparagraphs a to e of the first paragraph of section 965.17.2, or

ii.  that results from an amalgamation, within the meaning of section 544, within the 365 days before that date, fulfills the requirements of subparagraphs a, b, d and e of the first paragraph of section 965.17.2 and paragraph b of section 965.17.5, and one of the predecessor corporations whose control was acquired by the qualified corporation more than 12 months before that date fulfilled, subject to sections 965.17.3.1 and 965.17.3.2, immediately before that date, all the requirements to qualify as a growth corporation other than the requirement to make a public share issue, a convertible security issue or a non-guaranteed convertible security issue; and

iii.  meets the conditions set out in section 965.17.3.3; and

(d)  the main activity of the corporation and of its subsidiaries is the carrying on of a qualified business.

1992, c. 1, s. 123; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 144; 2002, c. 9, s. 31.

965.17.3.1. For the purpose of determining, for the purposes of subparagraphs i and ii of paragraph c of section 965.17.3, paragraph b of section 965.17.4.1, paragraph c of section 965.17.5 and paragraph b of section 965.17.5.1, whether a subsidiary or a predecessor corporation, as the case may be, referred to therein fulfills the requirement in subparagraph c of the first paragraph of section 965.17.2, subparagraph 2 of subparagraph ii of subparagraph c of the first paragraph of that section 965.17.2 shall be read as follows:

“(2) a class of shares of the capital stock of the qualified corporation is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus;”.

1999, c. 83, s. 145; 2001, c. 7, s. 169; 2002, c. 9, s. 32.

965.17.3.2. The exclusion relating to a public share issue provided in subparagraph ii of paragraph c of section 965.17.3, paragraph b of section 965.17.4.1, paragraph c of section 965.17.5 and paragraph b of section 965.17.5.1 does not apply in respect of a public share issue referred to in subparagraph 1 of subparagraph ii of subparagraph c of the first paragraph of section 965.17.2.

1999, c. 83, s. 145; 2002, c. 9, s. 33.

965.17.3.3. The conditions to which subparagraph iii of paragraph c of section 965.17.3 refers in relation to a subsidiary are the following:

(a)  the subsidiary carries on a particular business that may, if the Minister so decides, be considered in fact to consist mainly in the continuance of a business or part of a business carried on by another taxpayer before the time of the beginning of the carrying on of the particular business by that subsidiary; and

(b)  the qualified corporation referred to in section 965.17.3 makes a public share issue, convertible security issue or non-guaranteed convertible security issue not later than 365 days after the beginning of the carrying on, by the subsidiary, of the particular business referred to in paragraph a and

i.  on the date of the receipt for the final prospectus or the exemption from filing a prospectus relating to that issue, the subsidiary meets the requirements of subparagraphs a, b, d and e of the first paragraph of section 965.17.2,

ii.  throughout the period extending from the time of the beginning of the carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to that issue, the subsidiary had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders, and

iii.  immediately before the time of the beginning of the carrying on of the particular business by the subsidiary, the other taxpayer referred to in subparagraph a had, in relation to that business or part of a business, not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders,

(1)  throughout a 12-month period that includes the time of the beginning of the carrying on of the particular business by the subsidiary and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the subsidiary, or

(2)  throughout a 6-month period that includes the time of the beginning of the carrying on of the particular business by the subsidiary and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the subsidiary, where the conditions set out in the second paragraph are met.

The conditions to which subparagraph 2 of subparagraph iii of subparagraph b of the first paragraph refers are the following:

(a)  the other taxpayer has already made a public issue of shares with the stipulation that they could be included in a stock savings plan;

(b)  a class of shares of the capital stock of the other taxpayer is listed on a Canadian stock exchange immediately before the time of the beginning of the carrying on of the particular business; and

(c)  a class of shares of the capital stock of the subsidiary is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of the first paragraph, the continuance of a business or part of a business carried on by another taxpayer before the beginning of the carrying on, by a subsidiary, of the particular business results from

(a)  the acquisition or rental, by the subsidiary, of property from the other taxpayer who, throughout the part of the period described in subparagraph 1 or 2 of subparagraph iii of subparagraph b of the first paragraph preceding that acquisition or rental, carried on a business in which the other taxpayer used that property; or

(b)  the carrying on, by the subsidiary, of a new business that may reasonably be considered in fact to consist in the extension of a business or part of a business carried on by the other taxpayer.

For the purposes of subparagraph 1 of subparagraph iii of subparagraph b of the first paragraph, the other taxpayer is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the time of the beginning of the carrying on of the particular business by the subsidiary, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the other taxpayer, in the period referred to in subparagraph a, with services under a service contract and that other taxpayer would normally require the services of more than five full-time employees if those services were not provided.

2002, c. 9, s. 34; 2004, c. 21, s. 237.

965.17.4. A qualified corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue in the period of 365 days following its incorporation is a growth corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, it would fulfill the requirements of paragraphs a to d of section 965.17.3 if subparagraph i of paragraph c of that section were read without the words “whose control was acquired by the qualified corporation more than 12 months before that date” and if subparagraph ii of the said paragraph c were read without the words “whose control was acquired by the qualified corporation more than 12 months before that date”.

1992, c. 1, s. 123; 1997, c. 3, s. 71.

965.17.4.1. For the purposes of paragraph i of paragraph c of section 965.17.3, where a subsidiary, in this section referred to as the “particular subsidiary”, of a qualified corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue does not meet the requirement of subparagraph c of the first paragraph of section 965.17.2 and a winding-up as described in section 556 of a subsidiary within the meaning of that section, in this section referred to as the “other subsidiary”, in respect of which the particular subsidiary is, immediately before the commencement of the winding-up, the parent, within the meaning of that section, commences or terminates within the 12-month period immediately preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or commences before and terminates after that period, the particular subsidiary is deemed to meet that requirement if

(a)  it acquired control of the other subsidiary more than 12 months before the commencement of the winding-up and, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, has not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons to whom they are related; and

(b)  the other subsidiary meets, subject to sections 965.17.3.1 and 965.17.3.2, immediately before the commencement of its winding-up, all the requirements to qualify as a growth corporation other than the requirement to make a public share issue, a convertible security issue or a non-guaranteed convertible security issue.

1997, c. 14, s. 166; 1999, c. 83, s. 146; 2002, c. 9, s. 35.

965.17.5. A qualified corporation resulting from an amalgamation, within the meaning of section 544, that makes a public share issue, a convertible security issue or a non-guaranteed convertible security issue not later than 365 days after the amalgamation is a growth corporation if,

(a)  on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, it fulfills the requirements of subparagraphs a, b, d and e of the first paragraph of section 965.17.2;

(b)  throughout the period extending from the date of amalgamation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, it had not fewer than five full-time employees who were not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders; and

(c)  immediately before the amalgamation, one of the predecessor corporations fulfilled, subject to sections 965.17.3.1 and 965.17.3.2, all the requirements to qualify as a growth corporation other than the requirement to make a public share issue, a convertible security issue or a non-guaranteed convertible security issue.

1992, c. 1, s. 123; 1997, c. 3, s. 71; 1999, c. 83, s. 147; 2002, c. 9, s. 36.

965.17.5.1. Where a qualified corporation making a public share issue, a convertible security issue or a non-guaranteed convertible security issue does not meet the requirement of subparagraph c of the first paragraph of section 965.17.2 and a winding-up as described in section 556 of a subsidiary within the meaning of that section in respect of which the corporation is, immediately before the commencement of the winding-up, the parent, within the meaning of that section, commences or terminates within the 12-month period immediately preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or commences before and terminates after that period, the corporation is a growth corporation if

(a)  on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, it meets the requirements of subparagraphs a, b, d and e of the first paragraph of section 965.17.2 and has not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons to whom they are related; and

(b)  the subsidiary meets, subject to sections 965.17.3.1 and 965.17.3.2, immediately before the commencement of its winding-up, all the requirements to qualify as a growth corporation other than the requirement to make a public share issue, a convertible security issue or a non-guaranteed convertible security issue.

1997, c. 14, s. 167; 1999, c. 83, s. 148; 2002, c. 9, s. 37.

965.17.5.2. A qualified corporation that carries on a particular business that may, if the Minister so decides, be considered in fact to consist mainly in the continuance of a business or part of a business carried on by another taxpayer before the time of the beginning of the carrying on of the particular business by the qualified corporation and that makes a public share issue, convertible security issue or non-guaranteed convertible security issue not later than 365 days after the beginning of the carrying on of the particular business by the qualified corporation, is a growth corporation if,

(a)  on the date of the receipt for the final prospectus or the exemption from filing a prospectus, the qualified corporation meets the requirements of subparagraphs a, b, d and e of the first paragraph of section 965.17.2;

(b)  throughout the period extending from the time of the beginning of the carrying on of the particular business by the qualified corporation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, it had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) or persons related to such insiders; and

(c)  immediately before the time of the beginning of the carrying on of the particular business by the qualified corporation, the other taxpayer had, in relation to that business or part of a business, not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders,

i.  throughout a 12-month period that includes the time of the beginning of the carrying on of the particular business by the qualified corporation and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the qualified corporation, or

ii.  throughout a 6-month period that includes the time of the beginning of the carrying on of the particular business by the qualified corporation and that is established as if the period from the time of the beginning of that carrying on of the particular business to the date of the receipt for the final prospectus or of the exemption from filing a prospectus were applicable to the other taxpayer and not to the qualified corporation, where

(1)  the other taxpayer has already made a public issue of shares with the stipulation that they could be included in a stock savings plan,

(2)  a class of shares of the capital stock of the other taxpayer is listed on a Canadian stock exchange immediately before the time of the beginning of the carrying on of the particular business by the qualified corporation, and

(3)  a class of shares of the capital stock of the qualified corporation is listed on a Canadian stock exchange on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of the first paragraph, the continuance of a business or part of a business carried on by another taxpayer before the beginning of the carrying on, by a qualified corporation, of the particular business results from

(a)  the acquisition or rental, by the qualified corporation, of property from the other taxpayer who, throughout the part of the period described in subparagraph i or ii of subparagraph c of the first paragraph preceding that acquisition or rental, carried on a business in which the other taxpayer used that property; or

(b)  the carrying on, by the qualified corporation, of a new business that may reasonably be considered in fact to consist in the extension of a business or part of a business carried on by the other taxpayer.

For the purposes of subparagraph i of subparagraph c of the first paragraph, the other taxpayer is deemed to have had not fewer than five full-time employees who are not insiders within the meaning of section 89 of the Securities Act or persons related to such insiders, where

(a)  a class of shares of its capital stock is, throughout the 12-month period preceding the time of the beginning of the carrying on of the particular business by the qualified corporation, listed on a Canadian stock exchange; and

(b)  a person, other than such an insider or a person related thereto, or a partnership provides the other taxpayer, in the period referred to in subparagraph a, with services under a service contract and that other taxpayer would normally require the services of more than five full-time employees if those services were not provided.

2002, c. 9, s. 38; 2004, c. 21, s. 238.

965.17.6. (Repealed).

1992, c. 1, s. 123; 1993, c. 64, s. 113.

CHAPTER VI DEDUCTIONS

1983, c. 44, s. 37.

965.18. An individual resident in Québec on 31 December of a year who, in the year, acquires a qualifying share, a qualifying security or a qualifying non-guaranteed convertible security and includes it in a stock savings plan under which he is a beneficiary, may deduct in computing his taxable income for the year, in respect of the aggregate of the plans, an amount not exceeding the lesser of

(a)  the aggregate of the adjusted cost of the qualifying shares and qualifying non-guaranteed convertible securities acquired by him in the year that he included in the plans not later than 31 January in the following year and the adjusted cost of the qualifying securities acquired by him in the year that he included in the plans not later than 31 January in the following year and that constitute valid qualifying securities for the year;

(b)  the adjusted cost of the shares, securities and non-guaranteed convertible securities included in the plans at the end of the year, including those acquired by him in the year that he included in the plans during the month of January of the following year, less the amount by which the amounts deducted by him under section 726.1 for the preceding two years exceeds any amount described in section 310 that he is required to include in computing his income for the preceding year in respect of a stock savings plan.

1983, c. 44, s. 37; 1988, c. 4, s. 110; 1989, c. 5, s. 181; 1990, c. 7, s. 124; 1992, c. 1, s. 124; 1995, c. 1, s. 104.

965.19. In no case may the amount of the deduction provided for in section 965.18 in respect of an individual exceed 10% of his total income for the year.

1983, c. 44, s. 37; 1986, c. 15, s. 144; 1988, c. 4, s. 110; 1989, c. 5, s. 182; 2003, c. 9, s. 150.

965.19.1. (Repealed).

1986, c. 15, s. 144; 1988, c. 4, s. 110; 1989, c. 5, s. 183; 1990, c. 7, s. 125; 1992, c. 1, s. 125; 1993, c. 19, s. 86; 2003, c. 9, s. 151.

965.19.1.1. (Repealed).

1989, c. 5, s. 184; 1997, c. 3, s. 71; 2003, c. 9, s. 151.

965.19.2. For the purposes of sections 965.18 and 965.19, where an individual referred to in those sections is a member of an investment group and that group acquired and included, at a particular time, a qualifying share, a valid share or a qualifying non-guaranteed convertible security in a stock savings plan under which it is a beneficiary, the share or the non-guaranteed convertible security, as the case may be, constitutes, up to the amount of the individual’s interest in the investment group indicated in the declaration filed with the dealer or, where such is the case, determined in paragraph c of section 965.6.5 or paragraph b of section 965.6.6, a share or a non-guaranteed convertible security, as the case may be, acquired and included at the same time in a stock savings plan under which the individual is a beneficiary.

1986, c. 15, s. 144; 1987, c. 21, s. 60; 1989, c. 5, s. 185; 1990, c. 7, s. 126; 1992, c. 1, s. 126; 2003, c. 9, s. 152.

CHAPTER VII INCLUDED AMOUNTS

1983, c. 44, s. 37.

965.20. An individual resident in Québec on 31 December of a year who, in the year, withdraws a share, a security or a non-guaranteed convertible security from a stock savings plan under which he is a beneficiary, shall include in computing his income for the year, in respect of the aggregate of the plans, the lesser of

(a)  the adjusted cost of the shares, securities and non-guaranteed convertible securities withdrawn by him from the plans during the year; and

(b)  the amounts deducted by him under section 726.1 for the preceding two years less any amount described in section 310 which he was to include in computing his income for the preceding year in respect of a stock savings plan, and less the adjusted cost of the shares, securities and non-guaranteed convertible securities included in the plans at the end of the year, including those acquired by him in the year that he included in the plans during the month of January of the following year.

For the purposes of the first paragraph, where the individual is a member of an investment group and, in the taxation year, the investment group withdraws a share or a non-guaranteed convertible security from a stock savings plan under which it is a beneficiary, that share or that non-guaranteed convertible security, as the case may be, constitutes, up to the amount of the individual’s interest in the investment group indicated in the declaration filed with the dealer or, where such is the case, determined in paragraph c of section 965.6.5 or in paragraph b of section 965.6.6, a share or a non-guaranteed convertible security, as the case may be, withdrawn by the individual from a stock savings plan under which he is a beneficiary.

1983, c. 44, s. 37; 1986, c. 15, s. 145; 1987, c. 21, s. 61; 1988, c. 4, s. 111; 1990, c. 7, s. 127; 1992, c. 1, s. 127; 1995, c. 1, s. 105.

965.20.1. For the purposes of section 965.20, an investment group or an individual, where such is the case, which or who, in the course of a year, withdraws from a stock savings plan shares of the same class of the capital stock of a corporation as it or he had included at various adjusted costs shall elect to evaluate the amount of the withdrawal according to a reasonable valuation method.

He shall exercise the election only once, in prescribed manner, in respect of all the shares of the same class of the capital stock of a corporation and shall use the elected method whenever any of those shares are withdrawn until all of those shares have been withdrawn from the plan.

Where an investment group or an individual, where such is the case, withdraws a share from a stock savings plan after 22 May 1984 without electing in prescribed manner, the method used in the case of that withdrawal is deemed to have been elected pursuant to this section.

1984, c. 35, s. 27; 1986, c. 15, s. 146; 1997, c. 3, s. 71.

965.20.1.1. Section 965.20.1 applies, with the necessary modifications, in respect of a security or qualifying non-guaranteed convertible security that is withdrawn, in a taxation year, from a stock savings plan.

1988, c. 4, s. 112; 1992, c. 1, s. 128; 1995, c. 63, s. 261.

965.20.2. An individual contemplated in section 965.20.1 who is a member of an investment group and who in the course of a year withdraws from a stock savings plan shares of the same class of the capital stock of a corporation as those which the investment group previously withdrew from its plan is not required to use, in respect of the withdrawal, the method used by the investment group in respect of those shares.

Similarly, an investment group contemplated in section 965.20.1 that in the course of a year withdraws from a stock savings plan shares of the same class of the capital stock of a corporation as those which an individual who is a member of the investment group previously withdrew from his plan is not required to use, in respect of the withdrawal, the method used by the individual in respect of those shares.

1986, c. 15, s. 147; 1997, c. 3, s. 71.

965.20.2.1. Section 965.20.2 applies, with the necessary modifications, in respect of a qualifying non-guaranteed convertible security that is withdrawn, in a taxation year, from a stock savings plan.

1992, c. 1, s. 129; 1995, c. 63, s. 261.

CHAPTER VIII SPECIAL CASES

1983, c. 44, s. 37.

965.21. Subject to the second paragraph, the deemed disposition after 10 May 1983, under any of sections 299, 436 and 440, of a share or debenture included in a stock savings plan does not entail the withdrawal of the share or debenture from the plan.

If an amount was deducted for a year under section 726.1 in respect of a particular security that is a qualifying share, a qualifying security or a qualifying non-guaranteed convertible security, if the deduction is related, directly or through an investment group or investment fund, to a share issue or security issue made by a corporation and if the corporation became a bankrupt in a particular year, the particular security is deemed withdrawn from the stock savings plan on the later of 1 January of the third year following the year of the deduction and the time in the particular year when the corporation became a bankrupt.

1983, c. 44, s. 37; 1985, c. 25, s. 140; 1987, c. 67, s. 176; 1992, c. 1, s. 130; 2005, c. 23, s. 130.

965.22. The splitting or replacement of a qualifying share or qualifying non-guaranteed convertible security included in a stock savings plan, as a result of a transaction referred to in any of sections 536, 541 and 544, without any consideration other than a share, where the transaction is made in respect of the qualifying share, or a non-guaranteed convertible security, where the transaction is made in respect of the qualifying non-guaranteed convertible security, does not entail the withdrawal of the qualifying share or qualifying non-guaranteed convertible security from the plan if the requirement of paragraph g of section 965.7 is met in relation to each share, or to each non-guaranteed convertible security, issued in respect of the qualifying share or qualifying non-guaranteed convertible security that is split or replaced if, on the date of the transaction, the assets of the issuing corporation are less than $350,000,000.

In such a case, each new share or each new non-guaranteed convertible security so issued is deemed to be a qualifying share or a qualifying non-guaranteed convertible security, as the case may be, that was included in a stock savings plan at the same time as the qualifying share, or the qualifying non-guaranteed convertible security, that is split or replaced.

In any other case, the qualifying share, or the qualifying non-guaranteed convertible security, that is split or replaced is deemed to be withdrawn from the stock savings plan at the time of the splitting or replacement, at the adjusted cost determined in its respect immediately before that time.

1983, c. 44, s. 37; 1984, c. 15, s. 220; 1989, c. 5, s. 186; 1990, c. 59, s. 329; 1992, c. 1, s. 131; 1997, c. 14, s. 168; 1997, c. 85, s. 219; 2003, c. 9, s. 153.

965.23. In the case provided for in the first and second paragraphs of section 965.22, the adjusted cost of each qualifying share or qualifying non-guaranteed convertible security that is split or replaced, or of each new share or non-guaranteed convertible security that is issued, is equal to the adjusted cost of the qualifying share or qualifying non-guaranteed convertible security, as the case may be, that is split or replaced, determined immediately before the splitting or replacement, divided by the number of shares or non-guaranteed convertible securities, as the case may be, resulting from the splitting or replacement.

1983, c. 44, s. 37; 1992, c. 1, s. 132.

965.23.0.1. Where, as a result of a transaction provided for in section 301, a qualifying non-guaranteed convertible security included in a stock savings plan is converted into a qualifying share referred to in section 965.9.1.0.3 or 965.9.1.0.4, a preferred share meeting the requirements of paragraph b of section 965.9.1.0.4.2 and included in a stock savings plan is converted into a qualifying share referred to in paragraph a of section 965.9.1.0.4.2 or in section 965.9.1.0.4.3, or a preferred share meeting the requirements of paragraph b of section 965.9.1.0.5 and included in a stock savings plan is converted into a qualifying share referred to in paragraph a of section 965.9.1.0.5 or in section 965.9.1.0.6, the qualifying non-guaranteed convertible security or preferred share is deemed to be withdrawn from the stock savings plan only when a qualifying share issued in replacement of the qualifying non-guaranteed convertible security or preferred share, as the case may be, is withdrawn from the plan.

1997, c. 85, s. 220; 1999, c. 83, s. 149.

965.23.1. In the case of the splitting or replacement of a qualifying share or qualifying non-guaranteed convertible security owned by an investment fund, as a result of a transaction described in any of sections 536, 541 and 544, without any consideration other than either a share, where the transaction is made in respect of the qualifying share, or a non-guaranteed convertible security, where the transaction is made in respect of the qualifying non-guaranteed convertible security, the following rules apply:

(a)  each new share or each new non-guaranteed convertible security so issued is deemed to be a qualifying share or a qualifying non-guaranteed convertible security, as the case may be, acquired by the investment fund at the same time and with the same funds as the qualifying share or qualifying non-guaranteed convertible security, as the case may be, that is split or replaced;

(b)  the adjusted cost of the qualifying share or qualifying non-guaranteed convertible security that is split or replaced, or of each new share or each new non-guaranteed convertible security that is issued, is equal to the adjusted cost of the qualifying share or qualifying non-guaranteed convertible security, as the case may be, that is split or replaced, determined immediately before the splitting or replacement, divided by the number of shares or non-guaranteed convertible securities, as the case may be, resulting from the splitting or replacement.

1991, c. 8, s. 64; 1992, c. 1, s. 133; 1997, c. 85, s. 221.

965.23.1.0.1. Where, as a result of a transaction provided for in section 301, a qualifying non-guaranteed convertible security that is owned by an investment fund is converted into a qualifying share referred to in section 965.9.1.0.3 or 965.9.1.0.4, a preferred share that is a qualifying share by reason of paragraph b of section 965.9.1.0.4.2 and that is owned by an investment fund is converted into a qualifying share referred to in paragraph a of section 965.9.1.0.4.2 or in section 965.9.1.0.4.3, or a preferred share that is a qualifying share by reason of paragraph b of section 965.9.1.0.5 and that is owned by an investment fund is converted into a qualifying share referred to in paragraph a of section 965.9.1.0.5 or in section 965.9.1.0.6, the following rules apply:

(a)  each new qualifying share issued in replacement of the qualifying non-guaranteed convertible security or the preferred share is deemed to be acquired by the investment fund at the time of the conversion with the same funds as the qualifying non-guaranteed convertible security or the preferred share, as the case may be; and

(b)  the qualifying non-guaranteed convertible security or preferred share is deemed to have been disposed of by the investment fund only when a qualifying share issued in replacement of the qualifying non-guaranteed convertible security or preferred share, as the case may be, is disposed of by the fund.

1997, c. 85, s. 222; 1999, c. 83, s. 150.

965.23.1.1. (Repealed).

1992, c. 1, s. 134; 1997, c. 3, s. 71; 1997, c. 85, s. 223.

965.23.1.2. (Repealed).

1992, c. 1, s. 134; 1997, c. 3, s. 71; 2003, c. 9, s. 154.

965.23.1.3. (Repealed).

1992, c. 1, s. 134; 1997, c. 3, s. 71; 2003, c. 9, s. 154.

965.24. (Repealed).

1983, c. 44, s. 37; 1986, c. 15, s. 148.

CHAPTER VIII.1 OBLIGATION

1988, c. 4, s. 113.

965.24.1. A qualified corporation that makes a public issue of shares of its capital stock with a stipulation that they can be included in a stock savings plan is required to take the necessary steps to have such shares listed on a Canadian stock exchange not later than 60 days after the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of their issue.

1988, c. 4, s. 113; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

965.24.1.1. A qualified corporation that, as part of an issue of convertible securities, issues a convertible security which its holder, following the exercise of the right of conversion conferred on him by that convertible security, may convert into a share described in section 965.9.1.0.1 with a stipulation that it can be included in a stock savings plan, is required to take the necessary steps to have such share listed on a Canadian stock exchange not later than 60 days after the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of such issue of convertible securities.

1990, c. 7, s. 128; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

965.24.1.2. A qualified corporation that makes an issue of non-guaranteed convertible securities with the stipulation that they can be included in a stock savings plan, is required to take the necessary steps to have such securities listed on a Canadian stock exchange not later than 90 days after the date of the receipt for the final prospectus pertaining to their issue.

1992, c. 1, s. 135; 1997, c. 3, s. 71; 2003, c. 9, s. 155.

965.24.1.2.1. Notwithstanding section 965.24.1, a corporation referred to in section 965.11.7.1 that makes a public share issue of preferred shares that meet the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 is required to take the necessary steps to have such shares listed on a Canadian stock exchange not later than 90 days after the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of their issue.

1997, c. 85, s. 224; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

965.24.1.2.1.1. Notwithstanding section 965.24.1, where a corporation referred to in section 965.11.7.1 issues, as part of a public issue, a preferred share referred to in paragraph b of section 965.9.1.0.4.2, in section 965.9.1.0.4.3, in paragraph b of section 965.9.1.0.5 or in section 965.9.1.0.6, that is convertible into a qualifying share referred to in paragraph a of section 965.9.1.0.4.2, in section 965.9.1.0.4.3, in paragraph a of section 965.9.1.0.5 or in section 965.9.1.0.6, while no share of the same class as that qualifying share was outstanding on the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to the public issue of that preferred share, the corporation is required to undertake, in the final prospectus or the application for an exemption from filing a prospectus relating to the issue of that preferred share, to have shares of the same class as the qualifying share listed on a Canadian stock exchange on or before the sixtieth day after the date on which the corporation demonstrates to the proper authorities of that stock exchange that the shares of that class are sufficiently distributed among holders.

1999, c. 83, s. 151; 2001, c. 7, s. 169.

965.24.1.3. A qualified corporation that is a growth corporation and that makes an issue of non-guaranteed convertible securities which may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever, under the conditions pertaining to their issue, shall, where the custody of part or the aggregate of the securities has been entrusted to a dealer under a stock savings plan, file with the Minister, at a particular time and not later than 60 days after the date on which the issue ends, a prescribed form indicating the fraction of the aggregate of the securities the custody of which has been entrusted to the dealer under the stock savings plan at that particular time.

Where the corporation fails to file the prescribed form with the Minister within the prescribed time, it is deemed to have indicated, at the end of that period, that the custody of the aggregate of the non-guaranteed convertible securities has been entrusted to a dealer under a stock savings plan.

The presumption provided in the second paragraph shall cease to apply at the time when the corporation files the prescribed form with the Minister, indicating the fraction of the aggregate of the non-guaranteed convertible securities the custody of which has been entrusted to a dealer under a stock savings plan at that time.

1992, c. 1, s. 135; 1997, c. 3, s. 71; 2003, c. 9, s. 156.

965.24.1.4. A corporation referred to in section 965.11.7.1 that makes a public share issue of preferred shares that meet the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, which may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever, under the conditions pertaining to their issue, shall, where the custody of part or the aggregate of the securities has been entrusted to a dealer under a stock savings plan, file with the Minister, at a particular time and not later than 60 days after the date on which the issue ends, the form prescribed indicating the fraction of the aggregate of the shares the custody of which has been entrusted to the dealer under the stock savings plan at that particular time.

Where the corporation fails to file the prescribed form with the Minister within the prescribed time, it is deemed to have indicated, at the end of that period, that the custody of the aggregate of the preferred shares has been entrusted to a dealer under a stock savings plan.

The presumption provided in the second paragraph shall cease to apply at the time when the corporation files the prescribed form with the Minister, indicating the fraction of the aggregate of the preferred shares the custody of which has been entrusted to a dealer under a stock savings plan at that time.

1997, c. 85, s. 225; 1999, c. 83, s. 273.

965.24.2. A corporation that is authorized, in a year, to issue shares of its capital stock under an exemption from filing a prospectus granted under any of subparagraphs 2, 3 and 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1), with the stipulation that they can be included in a stock savings plan, and, on the date determined under the second paragraph in respect of the year, is authorized under the exemption to issue such shares in the following year, shall file with the Autorité des marchés financiers and the Minister, not later than 15 December in the year, a written notice certifying that, on 30 June in the year, as a result of a transaction other than a particular transaction referred to in section 965.11.19.1 in respect of which the corporation is not bound to meet the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17, it is a corporation that

(a)  would not be a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph applied on that date; or

(b)  would be a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph applied on that date and if, where such is the case, a particular transaction referred to in section 965.11.19.1 were not taken into account in respect of which the corporation is not bound to meet the requirement mentioned in the second paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17.

The date referred to in the first paragraph is, in respect of a year, the earlier of the date in the year on which the written notice referred to in the said paragraph is filed by the corporation and 15 December in the year.

1990, c. 7, s. 128; 1992, c. 1, s. 136; 1993, c. 64, s. 114; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2003, c. 9, s. 157; 2004, c. 37, s. 90.

965.24.3. A corporation described in the first paragraph of section 965.24.2 shall attach to the notice prescribed under the said section that it files with the Minister a detailed description, for the period of 12 consecutive months ending on 30 June of the year mentioned in the notice, of the acquisitions of shares of its capital stock by a person related to it, other than shares described in sections 965.11.12, 965.11.14 and 965.11.18.

1990, c. 7, s. 128; 1997, c. 3, s. 71; 2003, c. 9, s. 158.

CHAPTER IX ADMINISTRATION

1983, c. 44, s. 37.

965.25. Every dealer with whom an individual or an investment group has made an arrangement for a stock savings plan shall keep in Québec a record indicating, in a separate account, all the transactions effected on behalf of that individual or investment group under the plan.

1983, c. 44, s. 37; 1986, c. 15, s. 149; 1990, c. 7, s. 129.

965.26. The dealer shall ensure that every qualifying share or qualifying non-guaranteed convertible security to be included in a stock savings plan has been acquired for money consideration as part of a public share issue or non-guaranteed convertible security issue, as the case may be, or, in the case of a qualifying share, has, as a result of the exercise of the conversion right conferred on the holder of a convertible security, qualifying non-guaranteed convertible security or preferred share meeting the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, issued as part of a convertible security issue, non-guaranteed convertible security issue or public share issue, been acquired by an individual or an investment group as first purchaser, other than a dealer acting as an intermediary or firm underwriter, that the certificate for the share or for the non-guaranteed convertible security has been transmitted to him directly by the issuer of the certificate or by another dealer certifying that the certificate was held, without interruption from its issue, by a dealer acting as an intermediary or firm underwriter, and that the qualified corporation that issued it has stated, in the final prospectus or in the application for an exemption from filing a prospectus relating to the share, to the non-guaranteed convertible security or to the convertible security, that the share or the non-guaranteed convertible security could be included in a stock savings plan.

1983, c. 44, s. 37; 1986, c. 15, s. 149; 1987, c. 21, s. 62; 1989, c. 5, s. 187; 1990, c. 7, s. 130; 1992, c. 1, s. 137; 1997, c. 3, s. 71; 1997, c. 85, s. 226; 1999, c. 83, s. 273.

965.26.0.1. The dealer shall ensure that every valid share to be included in a stock savings plan meets the requirements set out in section 965.9.7.1 or 965.9.7.2, as the case may be.

1989, c. 5, s. 188.

965.26.1. Every investment fund with which an individual has made an arrangement for a stock savings plan shall keep in Québec a record indicating, in a separate account, all the transactions effected on behalf of that individual under that plan.

1988, c. 4, s. 114.

965.26.2. Every trustee or administrator of an investment fund shall transmit to the Minister a statement indicating that the undertakings of the investment fund specified in section 965.6.23 are fulfilled.

The statement must be filed within the three months following each year provided for in section 965.6.23.

1988, c. 4, s. 114.

965.27. An individual who elects to have this Title apply shall enclose with the fiscal return the individual is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information in respect of the stock savings plans under which the individual is a beneficiary or those under which an investment group of which the individual is a member is a beneficiary together with a copy of the information returns filed in prescribed form received by the individual for the year in respect of those plans from the dealers or investment funds mentioned in section 965.2.

1983, c. 44, s. 37; 1986, c. 15, s. 149; 1988, c. 4, s. 115; 1990, c. 7, s. 131; 2002, c. 9, s. 39.

965.28. (Repealed).

1984, c. 15, s. 221; 1990, c. 7, s. 132; 1997, c. 3, s. 71; 2003, c. 9, s. 159.

965.28.1. Where a corporation files with the Autorité des marchés financiers, in accordance with the first paragraph of section 965.24.2, a written notice on or before 15 December in a year, certifying that, on 30 June in that year, it would not be a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17 if that first paragraph applied on that date and where it fails to file the written notice mentioned in section 965.9.7.0.2 on or before 31 December in that year, the Autorité des marchés financiers shall, at the beginning of the year following that year, publish the name of the corporation and disclose that shares that will be issued by that corporation in the year following that year under an exemption from filing a prospectus granted under subparagraph 2, 3 or 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1) will not constitute qualifying shares.

1990, c. 7, s. 133; 1992, c. 1, s. 138; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2003, c. 9, s. 160; 2004, c. 37, s. 90.

965.28.2. Where, at a particular time in a year, shares of the capital stock of a corporation are no longer contemplated in the first paragraph of section 965.9.7.0.1 by reason of the application of the second paragraph of the said section, the Autorité des marchés financiers shall issue a communiqué revoking, as from that particular time, the publication made at the beginning of the year in accordance with section 965.28.1 in respect of shares of that corporation.

1990, c. 7, s. 133; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2004, c. 37, s. 90.

TITLE VI.2 QUÉBEC BUSINESS INVESTMENT COMPANIES

1986, c. 15, s. 150.

CHAPTER I INTERPRETATION

1986, c. 15, s. 150.

965.29. In this Title, the expression

(a)  “common share with full voting rights” means a common share with full voting rights within the meaning of the Act respecting Québec business investment companies (chapter S-29.1);

(b)  (paragraph repealed);

(b.0.1)  (paragraph repealed);

(b.1)  “financial commitment” means the financial commitment of a shareholder of a Québec business investment company as determined under section 965.31.2;

(b.2)  “additional interest in respect of a qualified investment” of a shareholder means the aggregate, in respect of a qualified investment, of all amounts each of which corresponds to,

i.  except in the case referred to in subparagraph ii, such part of the portion attributable to the qualified investment of the amount renounced by a Québec business investment company under section 965.31.5 in respect of a share issue the proceeds of which have been used to make the qualified investment as is represented by the proportion, immediately before the time the qualified investment was made by the Québec business investment company, that the paid-up capital of the common shares with full voting rights of the share capital of the Québec business investment company beneficially owned by the shareholder is of the total paid-up capital of all issued and paid-up common shares with full voting rights of the share capital of the Québec business investment company, or

ii.  where a Québec business investment company allocates to a shareholder it selects, as additional participation in respect of the qualified investment, all or part of the portion attributable to the qualified investment of the amount renounced by it under section 965.31.5 in respect of a share issue the proceeds of which have been used to make the qualified investment, the amount accepted as such in respect of the shareholder by Investissement Québec;

(c)  “interest in a qualified investment” of a shareholder means the portion of a qualified investment of a Québec business investment company represented by the proportion, immediately before the time the qualified investment is made by the Québec business investment company, that the paid-up capital of the common shares with full voting rights of the share capital of the Québec business investment company beneficially owned by the shareholder is of the total paid-up capital of all issued and paid-up common shares with full voting rights of the share capital of the Québec business investment company except, where the Québec business investment company allocates to a shareholder it selects all or part of the qualified investment as participation in the qualified investment, the amount accepted as such in respect of the shareholder by Investissement Québec;

(c.1)  “adjusted interest in a qualified investment” means the adjusted interest in a qualified investment as determined under section 965.31.1;

(c.2)  “unused adjusted qualified investment deduction” means the unused adjusted qualified investment deduction as determined under sections 965.30 and 965.31;

(d)  “qualified investment” means an investment made by a Québec business investment company in accordance with the Act respecting Québec business investment companies;

(d.1)  (paragraph repealed);

(e)  “total income” means the total income of an individual as defined in paragraph j of section 965.1;

(e.1)  (paragraph repealed);

(f)  “Québec business investment company” means a corporation described in section 1 of the Act respecting Québec business investment companies whose registration as such is in force.

1986, c. 15, s. 150; 1987, c. 21, s. 63; 1988, c. 4, s. 116; 1990, c. 7, s. 134; 1992, c. 1, s. 139; 1993, c. 64, s. 115; 1997, c. 3, s. 47; 1997, c. 14, s. 169; 1998, c. 17, s. 64; 1999, c. 83, s. 152; 2001, c. 69, s. 12; 2002, c. 40, s. 93.

CHAPTER II GENERAL PROVISIONS

1986, c. 15, s. 150.

965.30. The unused adjusted qualified investment deduction of an individual for a taxation year is the amount by which the aggregate of the amounts which represent his adjusted interest in a qualified investment for each of the preceding five taxation years exceeds the aggregate of the amounts deducted under this Title for the said preceding taxation years in respect of those amounts.

1986, c. 15, s. 150; 1987, c. 21, s. 64; 1990, c. 7, s. 135; 1993, c. 64, s. 116; 1997, c. 14, s. 290.

965.31. (Repealed).

1986, c. 15, s. 150; 1987, c. 21, s. 64; 1989, c. 5, s. 189; 1990, c. 7, s. 136; 1993, c. 64, s. 116; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 153.

965.31.1. The adjusted interest in a qualified investment of a taxpayer is an amount equal to,

(a)  in the case of a qualified investment made before 2 May 1986, 100% of the amount of his or its interest in the qualified investment;

(b)  in the case of a qualified investment made during the period extending from 1 May 1986 to 16 May 1989 by a Québec business investment company other than such a corporation referred to in paragraph c, d or e, 100% of the amount of his or its interest in the qualified investment without exceeding 100% of the amount of his or its financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(c)  in the case of a qualified investment made during the period extending from 1 May 1986 to 16 May 1989 by a Québec business investment company referred to in section 4.1 of the Act respecting Québec business investment companies (chapter S-29.1), 125% of the amount of his or its interest in the qualified investment without exceeding 125% of the amount of his or its financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(d)  in the case of a qualified investment made during the period extending from 12 May 1988 to 16 May 1989 by a Québec business investment company referred to in section 4.2 of the Act respecting Québec business investment companies, as it read immediately before its repeal, 125% of the amount of his or its interest in the qualified investment without exceeding 125% of the amount of his or its financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(e)  in the case of a qualified investment made during the period extending from 12 May 1988 to 16 May 1989 by a Québec business investment company referred to in section 4.3 of the Act respecting Québec business investment companies, as it read immediately before its repeal, 150% of the amount of his or its interest in the qualified investment without exceeding 150% of the amount of his or its financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(f)  in the case of a qualified investment referred to in section 12.2 of the Act respecting Québec business investment companies and made during the period extending from 17 May 1989 to 2 May 1991 by a Québec business investment company referred to in section 4 of the said Act, 100% of the amount of the taxpayer’s interest in the qualified investment without exceeding 100% of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(g)  in the case of a qualified investment referred to in section 12.2 of the Act respecting Québec business investment companies and made during the period extending from 17 May 1989 to 2 May 1991 by a Québec business investment company referred to in section 4.1 of the said Act, 125% of the amount of the taxpayer’s interest in the qualified investment without exceeding 125% of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(h)  in the case of a qualified investment referred to in section 12.3 of the Act respecting Québec business investment companies and made during the period extending from 17 May 1989 to 2 May 1991 by a Québec business investment company referred to in section 4 of the said Act, 125% of the amount of the taxpayer’s interest in the qualified investment without exceeding 125% of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(i)  in the case of a qualified investment referred to in section 12.3 of the Act respecting Québec business investment companies and made during the period extending from 17 May 1989 to 2 May 1991 by a Québec business investment company referred to in section 4.1 of the said Act, 150% of the amount of the taxpayer’s interest in the qualified investment without exceeding 150% of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(j)  in the case of a qualified investment referred to in section 12.2 of the Act respecting Québec business investment companies and made during the period from 3 May 1991 to 31 March 1998 by a Québec business investment company referred to in section 4 of the said Act, 100%, where the taxpayer is a corporation, or 125%, where the taxpayer is an individual, of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 100%, where the taxpayer is a corporation, or 125%, where the taxpayer is an individual, of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(k)  in the case of a qualified investment referred to in section 12.2 of the Act respecting Québec business investment companies and made during the period from 3 May 1991 to 31 March 1998 by a Québec business investment company referred to in section 4.1 of the said Act, 125%, where the taxpayer is a corporation, or 150%, where the taxpayer is an individual, of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 125%, where the taxpayer is a corporation, or 150%, where the taxpayer is an individual, of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(l)  in the case of a qualified investment referred to in section 12.3 of the Act respecting Québec business investment companies and made during the period from 3 May 1991 to 31 March 1998 by a Québec business investment company referred to in section 4 of the said Act, 125%, where the taxpayer is a corporation, or 150%, where the taxpayer is an individual, of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 125%, where the taxpayer is a corporation, or 150%, where the taxpayer is an individual, of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(m)  in the case of a qualified investment referred to in section 12.3 of the Act respecting Québec business investment companies and made during the period from 3 May 1991 to 31 March 1998 by a Québec business investment company referred to in section 4.1 of the said Act, 150%, where the taxpayer is a corporation, or 175%, where the taxpayer is an individual, of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 150%, where the taxpayer is a corporation, or 175%, where the taxpayer is an individual, of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(n)  in the case of a qualified investment made during the period from 1 April 1998 to 29 March 2001 by a Québec business investment company, 150% of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 150% of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment;

(o)  in the case of a qualified investment made after 29 March 2001 by a Québec business investment company in a corporation referred to in the third paragraph of section 12 of the Act respecting Québec business investment companies whose assets referred to in subparagraph 2 of that paragraph are under $25,000,000, 150% of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 150% of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment; and

(p)  in the case of a qualified investment made after 29 March 2001 by a Québec business investment company in a corporation referred to in the third paragraph of section 12 of the Act respecting Québec business investment companies whose assets referred to in subparagraph 2 of that paragraph are $25,000,000 or over, 125% of the aggregate of the amount of the taxpayer’s interest in the qualified investment and the amount of the taxpayer’s additional interest in respect of the qualified investment, without exceeding 125% of the amount of the taxpayer’s financial commitment in respect of the Québec business investment company determined immediately before the time the Québec business investment company makes the qualified investment.

1987, c. 21, s. 64; 1989, c. 5, s. 190; 1990, c. 7, s. 137; 1992, c. 1, s. 140; 1997, c. 3, s. 71; 1999, c. 83, s. 154; 2002, c. 40, s. 94.

965.31.2. The financial commitment of a shareholder of a Québec business investment company, at a particular time, is equal to the amount by which the aggregate of amounts representing the total of his interest in and additional interest in respect of a qualified investment made by the Québec business investment company before that time and held by it at that time is exceeded by the aggregate of

(a)  the lesser of the paid-up capital represented by the shares of the capital stock of the Québec business investment company held by the shareholder at that time as the actual owner thereof and the cost to the shareholder of those shares determined without taking into account the borrowing costs or other costs related to the acquisition thereof or of the custody fees;

(b)  the amount of the loans and advances that are due to the shareholder, at that time, by the Québec business investment company; and

(c)  the percentage of the surpluses of the Québec business investment company, other than a property revaluation surplus, as shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its last taxation year ended before that time and adjusted to take into account any gain or loss realized, from the end of the said taxation year until the particular time, as a result of the disposition by the Québec business investment company of a qualified investment, equal to the percentage of the interest in the surpluses, taking into account the rights of the other shareholders, of the shares held by the shareholder at that time as the actual owner thereof.

Notwithstanding the foregoing, in no case may the aggregate of the amount determined under subparagraphs a to c of the first paragraph be less than the cost to the shareholder of the shares of the capital stock of the Québec business investment company held by him at that time as the actual owner thereof without taking into account the borrowing costs or other costs related to the acquisition thereof or of the custody fees.

1987, c. 21, s. 64; 1992, c. 1, s. 141; 1995, c. 63, s. 107.

965.31.3. In this Title, where an individual acquires by succession or will a share of a Québec business investment company, the following rules apply:

(a)  the cost to the individual of the share is deemed to be equal to the cost to the deceased shareholder of the share determined without taking into account the borrowing costs and other costs related to the acquisition thereof or the custody fees;

(b)  the individual’s interest in and additional interest in respect of a qualified investment that is made by the Québec business investment company after the death of the shareholder but before the time the share is allocated or transferred to the individual, are deemed to be an interest of the individual in and an additional interest of the individual in respect of a qualified investment for the year in which the share is allocated or transferred to the individual and not to be an interest of the individual in and an additional interest of the individual in respect of a qualified investment for the year in which the Québec business investment company makes the qualified investment.

1989, c. 5, s. 191; 1992, c. 1, s. 142; 1997, c. 3, s. 71; 1999, c. 83, s. 155.

965.31.4. For the purposes of this Title, where, at any time, a trust governed by a registered retirement savings plan or a registered retirement income fund, of the type commonly called self-directed, holds as actual owner a common share with full voting rights of the capital stock of a Québec business investment company, the following rules apply:

(a)  the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be, under the plan or fund at that time is deemed to be the shareholder holding the share at that time as the actual owner thereof and the trust is deemed not to be that shareholder;

(b)  the cost of the share referred to in section 965.31.2 to the annuitant referred to in paragraph a is deemed to be the same as the cost thereof to the trust;

(c)  loans and advances due to the trust at that time by the Québec business investment company are deemed to be due at that time by the latter to the annuitant referred to in paragraph a and not to the trust;

(d)  investments referred to in section 965.34 of the trust in the Québec business investment company are deemed to be investments of the annuitant referred to in paragraph a and not those of the trust.

1991, c. 8, s. 65.

CHAPTER II.1 RENUNCIATION

1992, c. 1, s. 143.

965.31.5. Where a Québec business investment company makes a share issue in respect of which a prospectus or offering memorandum was filed with the Autorité des marchés financiers and the receipt for the final prospectus or the exemption from filing a prospectus was granted after 2 May 1991, it may renounce, in respect of the share issue, an amount not exceeding the lesser of

(a)  the aggregate of the expenses incurred by the Québec business investment company, in the course of the issue, at or before the time the renunciation is made and, where such is the case, the reasonable additional expenses it expects to incur after that time in the course of the share issue, and

(b)  15% of the aggregate of the proceeds of the share issue at or before the time the renunciation is made and, where such is the case, the additional proceeds the Québec business investment company expects to receive for the additional shares it intends to issue after that time as part of the share issue.

Where a Québec business investment company makes a qualified investment after 2 May 1991 wholly or partially out of the proceeds of a share issue referred to in the first paragraph, the portion of the amount, referred to in this paragraph as the “particular amount”, renounced by it under the first paragraph in respect of the share issue, represented by the proportion that the amount of such portion of the qualified investment as may reasonably be considered to have been made out of the proceeds of the share issue is of the amount by which the aggregate referred to in subparagraph b of the first paragraph in respect of the share issue exceeds the particular amount, is deemed, for the purposes of paragraph b.2 of section 965.29, to be attributable to the qualified investment.

Any renunciation made by a Québec business investment company under the first paragraph in respect of a share issue is valid only if it is made, in prescribed form, on or before the earlier of the last day of its fiscal period in which the share issue commenced and 31 December in the calendar year in which the share issue commenced.

1992, c. 1, s. 143; 2002, c. 45, s. 521; 2004, c. 37, s. 90.

965.31.6. A Québec business investment company may renounce an amount under section 965.31.5 in respect of an expense

(a)  on the one hand, only if the expense is an expense that would be deductible under section 147, but for the second paragraph thereof and section 147.1, in computing the income of the Québec business investment company for any taxation year; and

(b)  on the other hand, only to the extent that the Québec business investment company has not deducted the expense in computing its income for any taxation year preceding the year in which the renunciation is made, has not been or cannot reasonably expect to be reimbursed for the expense, has not received or cannot reasonably expect to receive government assistance or non-government assistance, within the meanings assigned by the first paragraph of section 1029.6.0.0.1, in respect of the expense, and has not transferred to another person its right to such a reimbursement or such assistance.

1992, c. 1, s. 143; 1993, c. 64, s. 117; 2004, c. 21, s. 239.

CHAPTER III DEDUCTIONS

1986, c. 15, s. 150.

965.32. An individual, other than a trust, who is resident in Québec on 31 December of a year may deduct in computing his taxable income for that year an amount not exceeding the sum of the aggregate of the amounts representing his adjusted interest in a qualified investment for the year and the unused portion of his deduction relating to an adjusted interest in a qualified investment for the year.

However, the amount of the deduction provided for in the first paragraph shall not exceed 30% of the individual’s total income for the year.

1986, c. 15, s. 150; 1987, c. 21, s. 65; 1990, c. 7, s. 138; 1993, c. 64, s. 118.

965.33. (Repealed).

1986, c. 15, s. 150; 1987, c. 21, s. 66; 1989, c. 5, s. 192; 1990, c. 7, s. 139; 1993, c. 19, s. 87; 1993, c. 64, s. 119; 1997, c. 3, s. 71; 1999, c. 83, s. 156.

965.33.1. (Repealed).

1990, c. 7, s. 140; 1993, c. 64, s. 120.

965.33.2. (Repealed).

1990, c. 7, s. 140; 1993, c. 64, s. 120.

965.33.3. (Repealed).

1990, c. 7, s. 140; 1993, c. 64, s. 120.

CHAPTER IV ADMINISTRATION

1986, c. 15, s. 150.

965.34. An individual who elects to have this Title apply shall enclose with the fiscal return the individual is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information in respect of the individual’s investments in a Québec business investment company of which the individual is a shareholder and a copy of the information returns filed in prescribed form received by the individual from Investissement Québec for the year in respect of those investments.

1986, c. 15, s. 150; 1989, c. 5, s. 193; 1997, c. 3, s. 71; 1998, c. 17, s. 64; 1999, c. 83, s. 157; 2001, c. 69, s. 12; 2002, c. 9, s. 40.

965.34.1. (Repealed).

1990, c. 7, s. 141; 1993, c. 64, s. 121.

965.34.2. Where a Québec business investment company renounces an amount under section 965.31.5 in respect of a share issue, it shall file with the Minister a prescribed form in respect of the renunciation on or before the last day of the month following that in which the renunciation is made.

1992, c. 1, s. 144.

965.34.3. Where a Québec business investment company has renounced an amount under section 965.31.5 in respect of a share issue, sections 38 to 40.1 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications and without restricting their generality, for the purpose of permitting the Minister to verify or ascertain

(a)  expenses in respect of which the Québec business investment company has so renounced that amount;

(b)  the amount so renounced by the Québec business investment company in respect of those expenses;

(b.1)  any government assistance or non-government assistance, within the meaning assigned by the first paragraph of section 1029.6.0.0.1, in respect of those expenses; and

(c)  any information relating either to expenses in respect of which the Québec business investment company has renounced an amount or the amount so renounced by the Québec business investment company, or to any government assistance or non-government assistance, within the meaning assigned by the first paragraph of section 1029.6.0.0.1, in respect of those expenses.

1992, c. 1, s. 144; 1993, c. 16, s. 311; 1995, c. 63, s. 261; 2004, c. 21, s. 240.

965.34.4. Where the amount that a Québec business investment company purported to renounce, in respect of a share issue, under section 965.31.5 in respect of expenses incurred by it in the course of the share issue either exceeds the amount it may renounce under the said section in respect of the share issue or, where upon making the renunciation, it took into account additional expenses not yet incurred at that time or additional issue proceeds not yet received at that time, differs from the particular amount it would have been entitled to renounce under the said section in respect of that issue if, at that time, it could have taken into account the additional expenses actually incurred after that time and the additional issue proceeds actually received after that time, the following rules apply:

(a)  the Québec business investment company shall, as the case may be, either reduce the amount so renounced in respect of the share issue by the amount of the excess, or alter it to make it equal to the particular amount;

(b)  the Québec business investment company shall file a statement with the Minister indicating the adjustments made in the amount so renounced.

For the purposes of this Title, where the Québec business investment company fails to comply with subparagraphs a and b of the first paragraph within 30 days after notice in writing by the Minister has been forwarded to it that the adjustment as provided in the said subparagraph a is or will be required for the purposes of any assessment of tax under this Part, the Minister may, as the case may be, either reduce the amount purported to be renounced by the Québec business investment company in respect of the share issue contemplated in the first paragraph by the amount of the excess referred to in that paragraph or alter it to make it equal to the particular amount referred to in that paragraph.

In either such case, the amount renounced by the Québec business investment company in respect of the share issue is deemed, notwithstanding section 965.31.5, to be the amount as reduced or altered, as the case may be, by the Québec business investment company or by the Minister, as the case may be.

1992, c. 1, s. 144; 1997, c. 14, s. 170.

TITLE VI.3 FIRST COOPERATIVE INVESTMENT PLAN

1986, c. 15, s. 150; 2006, c. 37, s. 36.

CHAPTER I INTERPRETATION

1986, c. 15, s. 150.

965.35. For the purposes of this Title, the expression

(a)  “qualified cooperative” means a qualified cooperative within the meaning of the cooperative investment plan;

(b)  “adjusted cost” means the cost of a qualifying security as determined under sections 965.36 and 965.36.1;

(b.1)  “cooperative investment plan” means the cooperative investment plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01);

(c)  “total income” means the total income of an individual within the meaning of paragraph j of section 965.1;

(c.1)  “qualified partnership” means a partnership that is a member of a farm cooperative and, within 60 days after the end of the fiscal period in which it acquired a qualifying security and not later than 31 January of the year immediately following the year in which the said fiscal period ends, files with the farm cooperative a written declaration indicating the share of each of its members of the income or loss of the partnership for that fiscal period;

(d)  “qualifying security” means a qualifying security within the meaning of the cooperative investment plan.

1986, c. 15, s. 150; 1987, c. 21, s. 67; 1988, c. 41, s. 89; 1992, c. 1, s. 145; 1994, c. 16, s. 51; 1995, c. 63, s. 108; 1997, c. 3, s. 71; 1999, c. 8, s. 20; 2003, c. 29, s. 139; 2006, c. 8, s. 31.

CHAPTER II GENERAL PROVISION

1986, c. 15, s. 150.

965.36. The adjusted cost to an individual of a qualifying security is obtained by multiplying the cost to the individual of the security, determined without taking into account the borrowing costs or other costs related to the acquisition of the security incurred by the individual or by a qualified partnership, by

(a)  100% in the case of a qualifying security, other than such a security referred to in the second paragraph, acquired after 31 December 1985 and before 13 June 2003; and

(b)  75% in the case of a qualifying security, other than such a security referred to in the second paragraph, acquired after 12 June 2003 and before 1 January 2005.

The adjusted cost of a qualifying security acquired by an individual within the scope of a workers investment program referred to in Division 4.1 of the cooperative investment plan is obtained by multiplying the cost to the individual of the security, determined without taking into account the borrowing costs or other costs related to the acquisition incurred by the individual, by

(a)  125%, where the individual acquires the security after 16 May 1989 and before 13 June 2003; and

(b)  93.75%, where the individual acquires the security after 12 June 2003 and before 1 January 2005.

1986, c. 15, s. 150; 1987, c. 21, s. 68; 1990, c. 7, s. 142; 1997, c. 3, s. 71; 2004, c. 21, s. 241; 2006, c. 37, s. 37.

965.36.1. Where a qualifying security is acquired by an individual within the scope of the issue of that security by a qualified cooperative that holds, for the year in which the security is issued, a valid certificate issued by the Minister of Economic Development, Innovation and Export Trade certifying that the qualified cooperative is a small or medium-sized cooperative, within the meaning of the cooperative investment plan, the following rules apply:

(a)  the percentages specified in subparagraph a of the first and second paragraphs of section 965.36 shall be increased by 25 points, where the qualifying security is acquired after 2 May 1991 and before 13 June 2003; and

(b)  the percentages specified in subparagraph b of the first and second paragraphs of section 965.36 shall be increased by 18.75 points, where the qualifying security is acquired after 12 June 2003 and before 1 January 2005.

1992, c. 1, s. 146; 1994, c.16, s. 51; 1997, c. 14, s. 171; 1999, c. 8, s. 20; 2002, c. 40, s. 95; 2003, c. 29, s. 135; 2004, c. 21, s. 242; 2006, c. 8, s. 31; 2006, c. 37, s. 38.

965.36.2. For the purposes of this Title, where, at any time, a trust governed by a registered retirement savings plan, of the type commonly called self-directed, acquires, as first purchaser, a qualifying security of a qualified cooperative, the following rules apply:

(a)  the annuitant, within the meaning of paragraph b of section 905.1, under the plan at that time is deemed to be the person who acquires the qualifying security at that time as first purchaser and the trust is deemed not to be that person, to the extent that the annuitant at that time is an individual who is a qualified investor, within the meaning of the cooperative investment plan, in respect of the qualified cooperative; and

(b)  the cost to the annuitant referred to in subparagraph a of the qualifying security is deemed to be the same as the cost to the trust.

1995, c. 1, s. 106.

CHAPTER III DEDUCTION

1986, c. 15, s. 150.

965.37. An individual, other than a trust, who is resident in Québec on 31 December of a year may deduct in computing his taxable income for that year an amount not exceeding the amount by which the adjusted cost of a qualifying security acquired by him during the year or during any of the five preceding years exceeds any amount deducted under this section, in respect of that qualifying security, for those preceding years.

1986, c. 15, s. 150; 1993, c. 19, s. 88.

965.37.1. For the purposes of section 965.37, an individual who is a member of a qualified partnership and whose activities consist mainly in carrying on a farming business or whose main activity is carried on within the partnership is deemed, if the individual is a member of the partnership at the end of the fiscal period of the partnership in which it acquired a qualifying security, to have acquired the qualifying security in the year in which that fiscal period ends, at a cost equal to the agreed proportion of the cost of the qualifying security for the partnership, in respect of the individual for that fiscal period of the partnership.

1987, c. 21, s. 69; 1995, c. 63, s. 109; 1997, c. 3, s. 71; 2009, c. 15, s. 172.

965.38. Notwithstanding section 965.37, in no case may the amount of the deduction provided for in the said section in respect of an individual for a year exceed 30% of the individual’s total income for the year.

1986, c. 15, s. 150; 1988, c. 4, s. 117; 1989, c. 5, s. 194; 2002, c. 40, s. 96.

CHAPTER IV ADMINISTRATION

1986, c. 15, s. 150.

965.39. An individual who elects to have this Title apply shall enclose with the fiscal return the individual is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information in respect of an investment in a qualified cooperative and a copy of the information returns filed in prescribed form received by the individual from a qualified cooperative for the year in respect of the individual’s investment or deemed investment as a member of a qualified partnership at the end of a fiscal period of the partnership ending in that year.

1986, c. 15, s. 150; 1987, c. 21, s. 70; 1997, c. 3, s. 71; 2002, c. 9, s. 41.

TITLE VI.3.1 SECOND COOPERATIVE INVESTMENT PLAN

2006, c. 37, s. 39.

CHAPTER I DEFINITIONS

2006, c. 37, s. 39.

965.39.1. In this Title,

“adjusted cost” means the cost of a qualifying security as determined under section 965.39.2;

“eligible member” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1);

“qualified cooperative” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualified federation of cooperatives” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualifying security” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“total income” has the meaning assigned by the first paragraph of section 965.55.

2006, c. 37, s. 39.

CHAPTER II GENERAL PROVISIONS

2006, c. 37, s. 39.

965.39.2. The adjusted cost to an individual of a qualifying security is obtained by multiplying the cost to the individual of the security, determined without taking into account the borrowing costs or other costs related to the acquisition of the security incurred by the individual or by a partnership, by 125%.

2006, c. 37, s. 39.

965.39.3. For the purposes of this Title, if, at any time, a trust governed by a registered retirement savings plan, of the type commonly called self-directed, acquires, as first purchaser, a qualifying security of a qualified cooperative or qualified federation of cooperatives, the following rules apply:

(a)  the annuitant, within the meaning of paragraph b of section 905.1, under the plan at that time is deemed to be the person who acquires the qualifying security at that time as first purchaser and the trust is deemed not to be that person, provided that the annuitant at that time is an individual who is a qualified investor, within the meaning of section 9 of the Cooperative Investment Plan Act (chapter R-8.1.1), in respect of the qualified cooperative or qualified federation of cooperatives; and

(b)  the cost to the annuitant referred to in paragraph a of the qualifying security is deemed to be the same as the cost to the trust.

2006, c. 37, s. 39.

CHAPTER III DEDUCTION

2006, c. 37, s. 39.

965.39.4. An individual, other than a trust, who is resident in Québec on 31 December of a year may deduct, in computing the individual’s taxable income for that year, an amount not exceeding the amount by which the adjusted cost of a qualifying security acquired by the individual in the year or in any of the five preceding years exceeds any amount deducted under this section, in respect of that qualifying security, for those preceding years.

2006, c. 37, s. 39.

965.39.5. For the purposes of sections 965.39.2 and 965.39.4, if a partnership acquires, in a fiscal period of the partnership, a qualifying security of a qualified cooperative or qualified federation of cooperatives, an individual who is an eligible member of the partnership at the end of the fiscal period is deemed to have acquired the qualifying security in the year in which the fiscal period ends, at a cost equal to the agreed proportion of the cost of the qualifying security for the partnership, in respect of the individual for that fiscal period of the partnership.

2006, c. 37, s. 39; 2009, c. 15, s. 173.

965.39.6. Despite section 965.39.4, in no case may the amount of the deduction provided for in that section in respect of an individual for a year exceed 30% of the individual’s total income for the year.

2006, c. 37, s. 39.

CHAPTER IV ADMINISTRATION

2006, c. 37, s. 39.

965.39.7. An individual who elects to have this Title apply shall enclose with the fiscal return the individual is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information in respect of an investment in a qualified cooperative or qualified federation of cooperatives and a copy of the information returns filed in prescribed form received by the individual from a qualified cooperative or qualified federation of cooperatives for that year in respect of the individual’s investment or deemed investment as an eligible member of a partnership at the end of a fiscal period of the partnership ending in that year.

2006, c. 37, s. 39.

TITLE VI.4

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

CHAPTER I

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.40. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 66; 1991, c. 8, s. 116; 1992, c. 1, s. 147; 2005, c. 23, s. 131.

CHAPTER II

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.41. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.42. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 1992, c. 1, s. 148; 2005, c. 23, s. 131.

965.43. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.44. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.45. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 67; 1991, c. 8, s. 116; 1992, c. 1, s. 149; 2005, c. 23, s. 131.

965.46. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 67; 1991, c. 8, s. 116; 1992, c. 1, s. 150; 2005, c. 23, s. 131.

CHAPTER III

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.47. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.48. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 68; 1991, c. 8, s. 116; 1992, c. 1, s. 151; 2005, c. 23, s. 131.

965.48.1. (Repealed).

1992, c. 1, s. 152; 2005, c. 23, s. 131.

CHAPTER IV

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.49. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.50. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.51. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 69; 1991, c. 8, s. 116; 1992, c. 1, s. 153; 2005, c. 23, s. 131.

CHAPTER V

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.52. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 1992, c. 1, s. 154; 2005, c. 23, s. 131.

965.53. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 70; 1991, c. 8, s. 116; 1992, c. 1, s. 155; 2005, c. 23, s. 131.

CHAPTER VI

Repealed, 2005, c. 23, s. 131.

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

965.54. (Repealed).

1990, c. 7, s. 143; 1991, c. 8, s. 116; 2005, c. 23, s. 131.

TITLE VI.5 STOCK SAVINGS PLANS II

2006, c. 13, s. 80; 2010, c. 5, s. 95.

CHAPTER I INTERPRETATION AND GENERAL

2006, c. 13, s. 80.

DIVISION I DEFINITIONS

2006, c. 13, s. 80.

965.55. In this Title and in sections 1049.14.2 to 1049.14.24,

“adjusted cost” of a qualifying share, qualifying security or valid share means the adjusted cost determined under Chapter V;

“assets” of a corporation means the assets determined in accordance with subdivision 3 of Division II;

“common share with voting rights” means a common share carrying a right to vote in all circumstances in the issuing corporation;

“coverage deficiency amount” means the amount determined in accordance with section 965.129;

“dealer” means a dealer, within the meaning of section 3 of the Derivatives Act (chapter I-14.01) or within the meaning of section 5 of the Securities Act (chapter V-1.1), having an establishment in Québec and registered with the Autorité des marchés financiers, a mutual fund within the meaning of that Act and an insurer, a bank, a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer its services therein as a trustee, a savings and credit union or any other prescribed person;

“designated qualified issuing corporation” has the meaning assigned by section 965.95;

“eligible transaction” means a transaction by which a capital pool company acquires important assets, other than cash on hand, as a consequence of the making of a purchase, consolidation or amalgamation contract or of an arrangement with another corporation, or as a consequence of another kind of transaction;

“list of the Autorité des marchés financiers” means the list published periodically by the Autorité des marchés financiers and containing the names of the corporations and the designation of those classes of shares of their capital stock that may constitute valid shares for the purposes of this Title;

“negotiable instrument” means any standardized derivative within the meaning of section 3 of the Derivatives Act or any form of investment referred to in section 1 of the Securities Act, without reference to the exception provided for in subparagraph 3 of the first paragraph of that section;

“paid-up capital”

(a)  in relation to a share of the capital stock of a corporation means the amount shown in its books in the capital stock account in respect of that share and any amount shown elsewhere in its books and received in consideration for the issue of that share; and

(b)  in relation to a subscription right in a share of the capital stock of a corporation means the amount shown in its books in the capital stock account in respect of that right and received in consideration for the issue of that right;

“public security issue” means the distribution of a security in accordance with a receipt granted by the Autorité des marchés financiers after 21 April 2005;

“public share issue” means the distribution of a share in accordance with a receipt granted by the Autorité des marchés financiers after 21 April 2005 or, if section 965.76 applies, in accordance with an exemption from filing a prospectus provided for

(a)  in section 51 of the Securities Act, if the exemption from filing a prospectus is granted by the Autorité des marchés financiers after 21 April 2005 and before 14 September 2005;

(b)  in subsection 2 of section 2.10 of Regulation 45-106 respecting prospectus and registration exemptions approved by ministerial order 2005-20 (2005, G.O. 2, 3664), if the exemption from filing a prospectus is granted by the Autorité des marchés financiers after 13 September 2005 and before 28 September 2009; or

(c)  in subsection 1 of section 2.10 of Regulation 45-106 respecting prospectus and registration exemptions approved by ministerial order 2009-05 (2009, G.O. 2, 3362A), if the exemption from filing a prospectus is granted by the Autorité des marchés financiers after 27 September 2009;

“qualified issuing corporation” means a corporation described in Division I of Chapter IV that is not governed by an Act establishing a labour-sponsored fund, by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1) or by the Act respecting Québec business investment companies (chapter S-29.1);

“qualified mutual fund” means a mutual fund described in Division II of Chapter IV;

“qualifying security” means a security meeting the requirements of section 965.85;

“qualifying share” means a share meeting the requirements of any of sections 965.74 to 965.76, other than a share referred to in section 965.79;

“security” means an investment in a qualified mutual fund;

“stock savings plan II” means an arrangement described in section 965.56;

“total income”, in respect of an individual for a year, means the amount by which the individual’s income for the year that would be determined under section 28 but for paragraph k.0.1 of section 311, section 311.1 where that section applies to a social assistance payment other than a payment received as last resort financial assistance under the Individual and Family Assistance Act (chapter A-13.1.1) or as similar government assistance, and paragraph a of section 317 where that paragraph refers to the amount of any supplement or allowance received under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9) or to a payment similar to such a supplement or allowance made under a law of a province, exceeds the amount the individual deducts for the year in computing the individual’s taxable income under Titles VI.5 and VI.5.1 of Book IV;

“valid qualifying security” in respect of a year means a qualifying security acquired by an individual in that year and held without interruption, throughout the part of the year that follows the acquisition, in an SME growth stock plan under which the individual is a beneficiary;

“valid share” means a share described in Chapter III;

“venture capital corporation” means a corporation

(a)  whose main activity consists in investing funds in the form of shares of the capital stock of another corporation;

(b)  that generally participates in the management of the other corporation in which it invests funds;

(c)  that invests funds in another corporation that are generally not guaranteed by the assets of the other corporation; and

(d)  whose initial investment in another corporation does not exceed 20% of its funds available for such investments.

For the purposes of the definitions of “public security issue” and “public share issue” in the first paragraph, the application for a receipt in respect of the distribution of a share or security or, if section 965.76 applies, the application for an exemption from filing a prospectus, must be filed with the Autorité des marchés financiers before 1 January 2015.

2006, c. 13, s. 80; 2007, c. 12, s. 94; 2009, c. 58, s. 88; 2010, c. 5, s. 96; 2010, c. 25, s. 103.

965.56. A stock savings plan II is

(a)  an arrangement made between an individual who is not a trust and a dealer, under which the individual entrusts the dealer with the custody of such of the individual’s qualifying shares and valid shares as the individual may indicate, that are not included in any other plan of any kind for the purposes of this Act or of the Income Tax Act (R.S.C. 1985, c. 1, (5th Suppl.)); or

(b)  an arrangement made between an individual who is not a trust and a dealer or a qualified mutual fund, under which the individual entrusts

i.  the dealer with the custody of such of the individual’s qualifying securities as the individual may indicate, that are not included in any other plan of any kind for the purposes of this Act or of the Income Tax Act, or

ii.  the qualified mutual fund with the custody of such of the individual’s qualifying securities, issued by the qualified mutual fund, as the individual may indicate, that are not included in any other plan of any kind for the purposes of this Act or of the Income Tax Act.

2006, c. 13, s. 80; 2010, c. 5, s. 97.

DIVISION II GENERAL RULES

2006, c. 13, s. 80.

§ 1 . — Listing and disclosure

2006, c. 13, s. 80.

965.57. A qualified issuing corporation making a public issue of shares of its capital stock with a stipulation that they can be included in a stock savings plan II is required to take steps to have the shares listed on a designated stock exchange located in Canada not later than 60 days after the date of the receipt for the final prospectus relating to their issue.

2006, c. 13, s. 80; 2010, c. 5, s. 98.

§ 2 . — Administration

2006, c. 13, s. 80.

965.58. Every dealer with whom an individual has made an arrangement for a stock savings plan II shall keep in Québec a record showing, in a separate account, all the transactions effected on behalf of that individual under the plan.

2006, c. 13, s. 80; 2010, c. 5, s. 99.

965.59. The dealer shall ensure that every qualifying share to be included in a stock savings plan II has been acquired for money consideration as part of a public share issue, that the certificate for the share has been sent to the dealer directly by the issuer of the certificate or by another dealer who certifies that the share has been held, without interruption from its issue, by a dealer acting as an intermediary or as a firm underwriter, and that the qualified issuing corporation that issued it has stated, in the final prospectus or in the application for an exemption from filing a prospectus relating to the share, that the share could be included in a stock savings plan II.

2006, c. 13, s. 80; 2010, c. 5, s. 100.

965.60. The dealer shall ensure that every valid share to be included in a stock savings plan II meets the requirements set out in Chapter III.

2006, c. 13, s. 80; 2010, c. 5, s. 101.

965.61. Every qualified mutual fund with which an individual has made an arrangement for a stock savings plan II shall keep in Québec a record showing, in a separate account, all the transactions effected on behalf of that individual under the plan.

2006, c. 13, s. 80; 2010, c. 5, s. 102.

965.62. Every trustee or manager of a qualified mutual fund shall send to the Minister a statement to the effect that the undertakings of the qualified mutual fund specified in section 965.119 are fulfilled.

The statement must be filed within the three months that follow each year provided for in section 965.119.

2006, c. 13, s. 80.

965.63. An individual who elects to have this Title apply shall enclose with the fiscal return the individual is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information in respect of the stock savings plans II under which the individual is a beneficiary and a copy of the information returns filed in prescribed form received by the individual for the year in respect of those plans from the dealers or qualified mutual funds.

2006, c. 13, s. 80; 2010, c. 5, s. 103.

§ 3 . — Assets

2006, c. 13, s. 80.

965.64. The assets of a corporation are the assets shown in its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles.

For the purposes of the first paragraph, the following rules apply in computing the assets of a corporation:

(a)  the amount of the surplus reassessment of its property and the amount of its incorporeal assets shall be subtracted, to the extent that the amount shown in their respect exceeds the expenditure made in their respect; and

(b)  if a consideration for the purchase of incorporeal assets consists of shares of the corporation’s capital stock, it is deemed to be nil.

2006, c. 13, s. 80.

965.65. The assets of a corporation that, within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, results from an amalgamation within the meaning of section 544 are equal to the greater of

(a)  the amount of the assets, determined in accordance with section 965.64, of the corporation resulting from the amalgamation; and

(b)  the amount of the aggregate of the assets of each of the predecessor corporations, determined in accordance with section 965.64, as if the reference in that section to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus were replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended within the 365 days preceding the time of amalgamation and as if only the greatest amount, if any, of the assets of each of the predecessor corporations were taken into account.

2006, c. 13, s. 80.

965.66. The assets of a corporation that is associated with another corporation in the 12 months preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, are equal to the amount by which the aggregate of the assets of the corporation and those of each corporation associated with it, determined in accordance with sections 965.64 and 965.65, exceeds the aggregate of the amount of investments the corporations own in each other and the balance of accounts between the corporations.

For the purposes of the first paragraph, no reference is to be made to section 21.20.4 in determining whether an issuing corporation and a particular corporation are associated with each other in the 12-month period referred to in that paragraph, if the issuing corporation uses a portion of the proceeds of a public share issue in payment of the acquisition of shares or any other negotiable instrument of the particular corporation and if the conditions set out in paragraph a or b of section 965.79 are met.

2006, c. 13, s. 80; 2009, c. 15, s. 174.

965.67. For the purposes of sections 965.64 to 965.66, the assets are to be computed by making every possible combination in the computation in respect of each fiscal period of each corporation referred to, where that is the case, in those sections.

2006, c. 13, s. 80.

965.68. For the purposes of section 965.64, the following rules apply:

(a)  if a computation provided for in that section must be made in respect of a corporation that is in its first fiscal period, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is to be replaced by a reference to its financial statements at the beginning of its first fiscal period; and

(b)  if a computation provided for in that section must be made in respect of a corporation that, within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, modified its usual and accepted fiscal period, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is to be replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended in the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

2006, c. 13, s. 80.

965.69. For the purposes of sections 965.64 to 965.68, if a computation provided for in those sections must be made in respect of a corporation described in section 965.70 that makes a public share issue, the computation is made without reference to the assets, if any, of a government or of another corporation mentioned in section 965.70 that is no longer associated with it on the date on which the public share issue ends and, in the case of the other corporation, was not directly or indirectly controlled by the issuing corporation at any time in the 12 months preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

2006, c. 13, s. 80.

965.70. A corporation referred to in section 965.69 is a corporation that, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, would be a qualified issuing corporation but for a government or another corporation associated with a government associated with it on that date, except a corporation directly or indirectly controlled by the issuing corporation on that date or that was so controlled at any time in the 12 months preceding that date, and that is, on the date on which the public share issue ends, no longer associated with that government or that other corporation.

The issuing corporation is also a corporation referred to in section 965.69 for the 12 months following the date on which it is no longer associated with that government or that other corporation.

2006, c. 13, s. 80.

965.71. For the purposes of sections 965.64 to 965.67, if a computation provided for in those sections must be made in respect of a particular corporation that makes a public share issue and that would be, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a qualified issuing corporation but for a venture capital corporation associated with it on that date, the computation is made without reference to the assets of that venture capital corporation if, on the date on which the public share issue ends, the particular corporation is no longer associated with that venture capital corporation.

2006, c. 13, s. 80.

965.72. For the purposes of this Title, if a corporation is required to meet a requirement in respect of which section 965.64 or 965.66 applies, the requirement must be met for each of its fiscal periods referred to, where that is the case, in those sections.

2006, c. 13, s. 80.

965.73. For the purposes of sections 965.64 to 965.67, if a corporation or a corporation associated with it reduces its assets by any transaction for the purpose of qualifying the corporation as a corporation whose assets are less than $200,000,000, the assets are deemed not to have been reduced unless the Minister decides otherwise.

2006, c. 13, s. 80; 2010, c. 5, s. 104.

CHAPTER II QUALIFYING SHARES AND QUALIFYING SECURITIES

2006, c. 13, s. 80.

DIVISION I QUALIFYING SHARES

2006, c. 13, s. 80.

965.74. A share of the capital stock of an issuing corporation qualifies for a stock savings plan II if

(a)  it is a common share with voting rights;

(b)  it cannot, under the conditions pertaining to its issue, be redeemed in whole or in part by the issuing corporation or purchased in whole or in part by anyone, directly or indirectly, in any manner whatever, or be the subject of a transaction that would result either in rendering such a share, a share substituted for such a share or a share received as a result of a transaction referred to in any of sections 301, 536, 541 and 544 in relation to any such share or substituted share, redeemable in whole or in part by the issuing corporation or purchasable in whole or in part by anyone, directly or indirectly, in any manner whatever, or in transferring property of the corporation other than a dividend to the shareholder;

(c)  it cannot, under the conditions pertaining to its issue, entitle the holder to a dividend that is or will be the subject of an undertaking under which its payment is guaranteed by a person other than the issuing corporation;

(d)  it is issued by a qualified issuing corporation that states in the final prospectus that the share may be included in a stock savings plan II and entitles its holder to the benefit provided for in its respect by this Title;

(e)  before the receipt for a final prospectus has been obtained, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it complies with the objectives of this Title;

(f)  it is acquired for money consideration within the scope of a public share issue by an individual or a qualified mutual fund as first purchaser, other than a dealer acting as an intermediary or as a firm underwriter; and

(g)  it is subscribed and paid.

2006, c. 13, s. 80; 2010, c. 5, s. 105.

965.75. The certificate relating to a share described in section 965.74 must be given directly to the dealer referred to in section 965.56 by the issuer of the certificate or by another dealer who certifies that the certificate has been held, without interruption from its issue, by a dealer acting as an intermediary or as a firm underwriter, or issued and registered in the dealer’s name or in the name of a person designated by the dealer.

2006, c. 13, s. 80.

965.76. Subject to section 965.77, a share also qualifies for a stock savings plan II if

(a)  it is acquired for money consideration by a qualified mutual fund as first purchaser, other than a dealer acting as an intermediary or as a firm underwriter, as part of the distribution of a share in respect of which an exemption from filing a prospectus is referred to in the definition of “public share issue” in the first paragraph of section 965.55;

(b)  it meets the requirements of paragraphs a to c and g of section 965.74;

(c)  in the taxation year of the issuing corporation during which the application for an exemption from filing a prospectus was filed and before the granting of the exemption, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it complies with the objectives of this Title;

(d)  on or before 10 days after the day of the distribution of the share, a copy of the report provided for in section 46 of the Securities Act (chapter V-1.1), if the exemption from filing a prospectus is granted before 14 September 2005, in section 6.1 of Regulation 45-106 respecting prospectus and registration exemptions approved by ministerial order 2005-20 (2005, G.O. 2, 3664), if the exemption from filing a prospectus is granted after 13 September 2005 and before 28 September 2009, or in subsection 1 of section 6.1 of Regulation 45-106 respecting prospectus and registration exemptions approved by ministerial order 2009-05 (2009, G.O. 2, 3362A), if the exemption from filing a prospectus is granted after 27 September 2009, was filed with the Minister, accompanied by the certificate described in section 965.78, unless the issuing corporation makes a first public share issue under this Title in accordance with an exemption from filing a prospectus referred to in the definition of “public share issue” in the first paragraph of section 965.55; and

(e)  it is issued by a qualified issuing corporation having common shares of its capital stock carrying voting rights listed on a designated stock exchange located in Canada.

2006, c. 13, s. 80; 2010, c. 5, s. 106; 2010, c. 25, s. 104.

965.77. The condition in paragraph c of section 965.76 does not apply in respect of a share if an issuing corporation has previously made a public share issue under this Title otherwise than in accordance with an exemption from filing a prospectus referred to in the definition of “public share issue” in the first paragraph of section 965.55.

2006, c. 13, s. 80; 2010, c. 25, s. 105.

965.78. The certificate to which paragraph d of section 965.76 refers means a certificate from a manager of the issuing corporation certifying that it is a qualified issuing corporation and that the share issued to the mutual fund–as part of the distribution of a share in respect of which an exemption from filing a prospectus is referred to in the definition of “public share issue” in the first paragraph of section 965.55–is a qualifying share.

2006, c. 13, s. 80; 2010, c. 25, s. 105.

965.79. Despite section 965.74, if the major portion of the proceeds of a public share issue is, as stated in the final prospectus or as may be inferred from it, used, directly or indirectly, in payment of the acquisition of shares or of any other negotiable instrument of a corporation, a share acquired as part of the public share issue is not a qualifying share, unless,

(a)  if the shares or negotiable instruments are securities issued by a particular corporation whose name is disclosed in the final prospectus, the issuing corporation or another corporation associated with it carries on a business and the particular corporation is, immediately after the acquisition, directly or indirectly, a subsidiary controlled corporation of the issuing corporation and the activities of the particular corporation or those of a subsidiary corporation the particular corporation controls directly or indirectly have commercial possibilities directly linked with the activities of the issuing corporation or of another corporation associated with it on the date of the receipt for the final prospectus; or

(b)  if the shares or negotiable instruments will be securities issued by a corporation whose name is not disclosed in the final prospectus, the issuing corporation or another corporation associated with it carries on a business and the issuing corporation states expressly in the final prospectus that the shares or negotiable instruments will be securities issued by a particular corporation that, immediately after the acquisition, will be directly or indirectly, a subsidiary controlled corporation of the issuing corporation and the activities of the particular corporation or those of a subsidiary corporation the particular corporation controls directly or indirectly have commercial possibilities directly linked with the activities of the issuing corporation or those of another corporation associated with it on the date of the receipt for the final prospectus.

2006, c. 13, s. 80.

965.80. For the purposes of section 965.79, if all or part of the proceeds of a public share issue is, as stated in the final prospectus or as may be inferred from it, used for the repayment of borrowed money or of any other debt contracted within a reasonable period of time before or after the date of the receipt for the final prospectus, or the redemption of shares or of any other securities issued within such a period of time for the payment of shares or of any other negotiable instrument, the use of all or part of the proceeds is deemed to be a payment for such an acquisition.

2006, c. 13, s. 80.

965.81. For the purposes of sections 965.79 and 965.80, if all or part of the proceeds of a public share issue is, as stated in the final prospectus or as may be inferred from it, used for the repayment of borrowed money or of any other debt contracted by a particular corporation within a reasonable period of time before or after the date of the receipt for the final prospectus, or the redemption of shares or of any other securities issued within such a period of time for the payment of shares or of any other negotiable instrument issued by another corporation, and the issuing corporation results from the amalgamation, within the meaning of section 544, of the particular corporation and of the other corporation, the issuing corporation is deemed to be, immediately after the acquisition mentioned in section 965.79, the particular corporation.

2006, c. 13, s. 80.

965.82. For the purposes of sections 965.79 and 965.80, a share or a negotiable instrument does not include, if the issuing corporation carries on the activities of a dealer, such property described in an inventory.

2006, c. 13, s. 80.

965.83. Section 965.79 does not apply if the issuing corporation is

(a)  a bank;

(b)  a body governed by the Insurance Companies Act (Statutes of Canada, 1991, chapter 47) or by the Act respecting insurance (chapter A-32);

(c)   a corporation holding a licence or otherwise authorized by the laws of Canada or of a province to offer its services as a trustee; or

(d)  a corporation whose principal business is the lending of money or the purchasing of debts.

2006, c. 13, s. 80.

965.84. For the purposes of this chapter, if all or part of the proceeds of a public share issue relates, directly or indirectly, as stated by a corporation in a final prospectus or as may be inferred from it, to activities to be carried on outside Québec and, in the opinion of the Minister, the activities may have a tangible negative impact on the level of employment or economic activity in Québec of that corporation or of a subsidiary of that corporation, a share of that corporation acquired as part of the public share issue is not a qualifying share.

2006, c. 13, s. 80.

DIVISION II QUALIFYING SECURITIES

2006, c. 13, s. 80.

965.85. A security qualifies for a stock savings plan II if

(a)  it is issued by a qualified mutual fund that states, in the final prospectus relating to the issue of the security, that the security may be included in a stock savings plan II and entitles its holder to the benefit provided for in its respect by this Title;

(b)  where it is issued by a qualified mutual fund that, in respect of its first public security issue consisting of securities that may be included in a stock savings plan II, has made an election under section 965.121, it is a security issued as part of that first public security issue;

(c)  it is acquired for money consideration by an individual as first purchaser, other than a dealer acting as an intermediary or as a firm underwriter;

(d)  before the receipt for a final prospectus relating to its issue has been obtained, it was the subject of a favourable advance ruling from the Ministère du Revenu to the effect that it complies with the objectives of this Title; and

(e)  the certificate attesting to it is

i.  kept, under the terms of an arrangement provided for in subparagraph ii of paragraph b of section 965.56, by the qualified mutual fund that issued the security, or

ii.  given directly to the dealer referred to in subparagraph i of paragraph b of section 965.56 by the issuer of the certificate or by another dealer who certifies that the certificate has been held, without interruption from its issue, by a dealer acting as an intermediary or as a firm underwriter, or issued and registered in the dealer’s name or in the name of a person designated by the dealer.

2006, c. 13, s. 80; 2010, c. 5, s. 107.

CHAPTER III VALID SHARES

2006, c. 13, s. 80.

965.86. A share of a class of the capital stock of a corporation is a valid share if

(a)  it is acquired through a transaction on a stock exchange during a trading session;

(b)  at the time of its acquisition, it is listed on a designated stock exchange located in Canada or, if the acquisition occurs before 14 December 2007, on a Canadian stock exchange, within the meaning assigned to that expression by section 1 on 13 December 2007;

(c)  on the date of its acquisition, the class of shares of the capital stock of the corporation to which the share belongs is included in the list of the Autorité des marchés financiers and is not identified in the list established for the purposes of section 965.9.7.1; and

(d)  as part of its acquisition, the certificate attesting to it is given to the dealer referred to in section 965.56 or issued and registered in the dealer’s name or in the name of a person designated by the dealer.

2006, c. 13, s. 80; 2010, c. 5, s. 108.

965.87. A share of a class of the capital stock of a corporation is also a valid share if

(a)  it is acquired by an individual or a qualified mutual fund as first purchaser, other than a dealer acting as an intermediary or as a firm underwriter;

(b)  at the time of its acquisition, it is listed on a designated stock exchange located in Canada or, if the acquisition occurs before 14 December 2007, on a Canadian stock exchange, within the meaning assigned to that expression by section 1 on 13 December 2007;

(c)  it is issued by the corporation as part of a share issue referred to in the second paragraph of any of sections 965.105, 965.107 and 965.110;

(d)  on the date of its acquisition, the class of shares of the capital stock of that corporation to which the share belongs is included in the list of the Autorité des marchés financiers and is not identified in the list established for the purposes of section 965.9.7.2; and

(e)  as part of its acquisition, the certificate attesting to it is given to the dealer referred to in section 965.56 or issued and registered in the dealer’s name or in the name of a person designated by the dealer.

2006, c. 13, s. 80; 2010, c. 5, s. 109.

965.88. A corporation may obtain a designation of eligibility for the list of the Autorité des marchés financiers in respect of a share of a class of its capital stock if it files an application with the Minister in the prescribed form containing prescribed information, on which a director of the corporation shall certify that the following conditions are satisfied on the date of the application:

(a)  the share is listed on a designated stock exchange located in Canada and meets the requirements of paragraphs a to c of section 965.74; and

(b)  the corporation would meet the requirements set out in section 965.90 or 965.94 if, in those sections, “on the date of the receipt for the final prospectus or of the exemption from filing a prospectus” were replaced by “on the date of the application filed with the Minister” and if, in subparagraph d of the first paragraph of section 965.94, “before the date of the receipt for the final prospectus or of the exemption from filing a prospectus” were replaced by “before the date of the application filed with the Minister”.

The corporation shall enclose a description of its capital stock and its consolidated and non-consolidated financial statements with the prescribed form referred to in the first paragraph.

2006, c. 13, s. 80; 2006, c. 36, s. 91; 2009, c. 15, s. 175; 2010, c. 5, s. 110.

965.89. A qualified issuing corporation that has made a public share issue and in respect of which a share of a class of its capital stock is a qualifying share because of the application of section 965.76, may request that the class of shares to which the share belongs be included in the list of the Autorité des marchés financiers.

2006, c. 13, s. 80.

CHAPTER IV QUALIFIED ISSUERS

2006, c. 13, s. 80.

DIVISION I QUALIFIED ISSUING CORPORATIONS

2006, c. 13, s. 80.

§ 1 . — Basic rules

2006, c. 13, s. 80.

965.90. A corporation making a public share issue is a qualified issuing corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it is a Canadian corporation;

(b)  its assets are less than $200,000,000;

(c)  its central management is in Québec and more than one-half of the wages paid to its employees, within the meaning of the regulations made under section 771, in its last taxation year ended before that date, were paid to employees of an establishment situated in Québec;

(d)  throughout the preceding 12 months, it carried on a business and had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders; and

(e)  not more than 50% of the value of its property, as shown in its financial statements submitted to the shareholders for its last taxation year ended before that date, or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, consists of the value of cash on hand or on deposit, shares, promissory notes, debentures, bonds, any other debt securities, guaranteed investment certificates, units of a mutual fund trust, units representing an undivided share in a project or property, subscription rights or purchasing rights to such shares that are not qualified investments described in section 965.92.

2006, c. 13, s. 80; 2010, c. 5, s. 111.

965.91. For the purposes of paragraph d of section 965.90, the following rules apply:

(a)  a corporation is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders, if

i.  throughout the 12-month period preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a class of shares of its capital stock is listed on a designated stock exchange located in Canada, and

ii.  a person, other than such an insider or a person related to such an insider, or a partnership provides the corporation, in the period described in subparagraph i, with services under a service contract and the corporation would normally require the services of more than five full-time employees if those services were not provided; and

(b)  if the favourable advance ruling referred to in paragraph e of section 965.74 or paragraph c of section 965.76 confirms that the corporation making a public share issue is carrying on a business on a seasonal basis and that the continuous period during which the business is carried on is comparable to that of other businesses operating in the same sector of activity, paragraph d of section 965.90 is to be read as if “throughout the preceding 12 months” was replaced by “throughout a period of seasonal activity that precedes that date”.

2006, c. 13, s. 80; 2009, c. 5, s. 389; 2010, c. 5, s. 112.

965.92. The qualified investments to which paragraph e of section 965.90 refers are

(a)  voting shares representing not less than 20% of the voting shares of a particular corporation meeting the requirement of paragraph e of section 965.90;

(b)  promissory notes, debentures, bonds or other debt securities issued by a particular corporation referred to in paragraph a and shares without voting rights of such a particular corporation;

(c)  debentures, bonds or shares issued by a cooperative, other than a savings and credit union, meeting the requirement of paragraph e of section 965.90;

(d)  promissory notes or other debt securities obtained in the ordinary course of its business and held by a bank, a body governed by the Insurance Companies Act (Statutes of Canada, 1991, chapter 47) or by the Act respecting insurance (chapter A-32), a corporation licensed or otherwise authorized under the laws of Canada or of a province to offer its services as a trustee, or any other corporation whose principal business is the lending of money or the purchasing of debts; and

(e)  property described in an inventory by a corporation carrying on the activities of a dealer.

2006, c. 13, s. 80.

965.93. For the purposes of paragraph e of section 965.90, the Minister may, for the purpose of determining whether the value of the corporation’s property that is referred to in that paragraph e does not exceed 50%, require from the issuing corporation any document the Minister deems necessary, including the filing of non-consolidated financial statements.

2006, c. 13, s. 80.

965.94. A corporation making a public share issue is also a qualified issuing corporation if, on the date of the receipt for the final prospectus or of the exemption from filing a prospectus,

(a)  it is a Canadian corporation whose head office or principal place of business is in Québec;

(b)  substantially all of its property consists of shares of the capital stock of one or more of its subsidiary controlled corporations or of loans or advances granted to such subsidiary corporations;

(c)  one of the subsidiary corporations meets the requirements of paragraphs a to c and e of section 965.90 and, throughout the 12 preceding months, carried on a business and had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders; and

(d)  not more than 50% of the value of the issuing corporation’s property, as shown in the issuing corporation’s last consolidated financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, consists of property mentioned in paragraph e of section 965.90.

For the purposes of subparagraph c of the first paragraph, a subsidiary is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the 12-month period preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the subsidiary, in the period described in subparagraph a, with services under a service contract and the subsidiary would normally require the services of more than five full-time employees if those services were not provided.

For the purposes of subparagraph c of the first paragraph, if the favourable advance ruling referred to in paragraph e of section 965.74 or paragraph c of section 965.76 confirms that the subsidiary is carrying on a business on a seasonal basis and that the continuous period during which the business is carried on is comparable to that of other businesses operating in the same sector of activity, subparagraph c of the first paragraph is to be read as if “throughout the 12 preceding months” was replaced by “throughout a period of seasonal activity that precedes that date”.

2006, c. 13, s. 80; 2006, c. 36, s. 92; 2007, c. 12, s. 95; 2009, c. 5, s. 390; 2010, c. 5, s. 113.

965.95. A capital pool company making a public share issue may, where the distribution of shares is made in accordance with a receipt of the Autorité des marchés financiers, be designated by the Minister as a qualified issuing corporation if, on the date of the receipt for the final prospectus,

(a)  it is a Canadian corporation;

(b)  its assets are less than $200,000,000;

(c)  it would meet the requirements of paragraph e of section 965.90 if no reference was made to the corporation’s liquid assets to be used in connection with the carrying out of an eligible transaction;

(d)  the major portion of the proceeds of the issue, as stated in the final prospectus or as may be inferred from it, will be used for the carrying out of an eligible transaction whose purpose is, directly or indirectly, to continue an existing business that, if it had been carried on by the corporation throughout the 12 preceding months, would have enabled the corporation to meet the requirements of paragraphs c and d of section 965.90; and

(e)  the Minister is of the opinion that the public share issue complies with the objectives of this Title.

2006, c. 13, s. 80; 2010, c. 5, s. 114.

§ 2 . — Amalgamations

2006, c. 13, s. 80.

965.96. For the purposes of paragraph c of section 965.90, if a corporation results from an amalgamation within the meaning of section 544, the requirement relating to the percentage of the wages paid to the employees of the corporation, in its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, is to be replaced by the requirement that more than one-half of the wages paid by a predecessor corporation, in its last taxation year ended immediately before the amalgamation, to its employees, within the meaning of the regulations under section 771, were paid to employees of an establishment situated in Québec.

For the purposes of paragraph d of section 965.90, if a corporation results from an amalgamation within the meaning of section 544 and a period of at least 12 months has not elapsed between the time of the amalgamation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the requirement relating to the number of employees set out in that paragraph is to be replaced by the requirement that that corporation have, throughout the period from the time of the amalgamation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders and for one of the predecessor corporations to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of that Act nor persons related to such insiders throughout the part of the 12-month period ending on the date of the receipt for the final prospectus or of the exemption from filing a prospectus that precedes the time of the amalgamation.

For the purposes of the second paragraph, a predecessor corporation is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the part of the period described in the second paragraph, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the predecessor corporation, in the part of the period referred to in subparagraph a, with services under a service contract and that predecessor corporation would normally have required the services of more than five full-time employees if those services had not been provided.

The rules of the second and third paragraphs apply, with the necessary modifications, to

(a)  the requirement relating to the carrying on of a business set out in paragraph d of section 965.90; and

(b)  the requirement relating to the carrying on of a business on a seasonal basis throughout a period of seasonal activity, because of the application of paragraph b of section 965.91.

2006, c. 13, s. 80; 2007, c. 12, s. 96; 2009, c. 5, s. 391; 2010, c. 5, s. 115.

965.97. For the purposes of section 965.96, if a predecessor corporation referred to in that section is itself a corporation resulting from an amalgamation within the meaning of section 544, in this section referred to as the “original amalgamation”, and a period of at least 12 months has not elapsed between the time of the original amalgamation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the requirement in its respect concerning the number of employees, for the part of the period described in the second paragraph of section 965.96, is to be replaced by the requirement that that corporation have had, throughout the part of that period between the time of the original amalgamation and the time of the amalgamation referred to in the second paragraph of section 965.96, not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders and for one of the predecessor corporations that were replaced by the original amalgamation to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of that Act nor persons related to such insiders throughout the part of the part of the period described in the second paragraph of section 965.96 within the 12-month period that ends on the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

For the purposes of the first paragraph, a predecessor corporation is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the part of the part of the period described in the first paragraph, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the predecessor corporation, in the part of the period referred to in subparagraph a, with services under a service contract and that predecessor corporation would normally have required the services of more than five full-time employees if those services had not been provided.

For the purposes of the first paragraph, if the predecessor corporation referred to lastly in that paragraph, or a predecessor corporation that is referred to lastly in that paragraph as a result of the application of this paragraph, is itself a corporation resulting from an amalgamation within the meaning of section 544 and a period of at least 12 months has not elapsed between the time of that amalgamation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the rule set out in the first paragraph applies in relation to the requirement in its respect concerning the number of employees set out lastly in that paragraph.

The rules of the first, second and third paragraphs apply, with the necessary modifications, to

(a)  the requirement relating to the carrying on of a business set out in paragraph d of section 965.90; and

(b)  the requirement relating to the carrying on of a business on a seasonal basis throughout a period of seasonal activity, because of the application of paragraph b of section 965.91.

2006, c. 13, s. 80; 2007, c. 12, s. 97; 2009, c. 5, s. 392; 2010, c. 5, s. 116.

§ 3 . — Windings-up

2006, c. 13, s. 80.

965.98. For the purposes of section 965.90, if a corporation making a public share issue does not meet the requirement relating to the number of employees set out in paragraph d of that section and a winding-up as described in section 556 of a subsidiary within the meaning of that section in respect of which the corporation is, immediately before the winding-up, the parent within the meaning of that section, terminates within the 12-month period immediately before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the requirement is replaced by the following requirements:

(a)  the corporation shall, throughout the period from the time the winding-up terminates to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, have not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders; and

(b)  the subsidiary shall, throughout the part of the 12-month period ending on the date of the receipt for the final prospectus or of the exemption from filing a prospectus that precedes the time the winding-up terminates, have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders.

For the purposes of subparagraph b of the first paragraph, a subsidiary is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the part of the period described in that subparagraph b, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the subsidiary, in the part of the period referred to in subparagraph a, with services under a service contract and the subsidiary would normally have required the services of more than five full-time employees if those services had not been provided.

The rules of the first and second paragraphs apply, with the necessary modifications, to the requirement relating to the carrying on of a business set out in paragraph d of section 965.90.

2006, c. 13, s. 80; 2010, c. 5, s. 117.

965.99. For the purposes of section 965.98, if the subsidiary, in this section referred to as the “particular subsidiary”, does not meet the requirement set out in subparagraph b of the first paragraph of that section and a winding-up as described in section 556 of a subsidiary within the meaning of that section, in this section referred to as the “other subsidiary”, in respect of which the particular subsidiary is, immediately before the winding-up, the parent within the meaning of that section, terminates within the 12-month period immediately before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the requirement is replaced by the following requirements:

(a)  the particular subsidiary shall, throughout the part of the period between the time the winding-up of the other subsidiary terminates and the time the winding-up referred to in the first paragraph of section 965.98 terminates, have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders; and

(b)  the other subsidiary shall, throughout the part of the period immediately before the date of the receipt for the final prospectus or of the exemption from filing a prospectus that precedes the time its winding-up terminates, have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders.

For the purposes of subparagraph b of the first paragraph, the other subsidiary is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the part of the period described in that subparagraph b, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the other subsidiary, in the part of the period referred to in subparagraph a, with services under a service contract and that other subsidiary would normally have required the services of more than five full-time employees if those services had not been provided.

For the purposes of the first paragraph, if the other subsidiary does not meet the requirement set out in subparagraph b of that paragraph and a winding-up as described in section 556 of a subsidiary within the meaning of that section, in this paragraph referred to as the “underlying subsidiary”, in respect of which the other subsidiary is, immediately before the winding-up, the parent within the meaning of that section, terminates within the 12-month period described in the first paragraph, the rules set out in subparagraphs a and b of the first paragraph apply to the other subsidiary and to the underlying subsidiary, respectively.

The rules of the first, second and third paragraphs apply, with the necessary modifications, to the requirement relating to the carrying on of a business set out in paragraph d of section 965.90.

2006, c. 13, s. 80; 2010, c. 5, s. 118.

§ 4 . — Continuation of a business

2006, c. 13, s. 80.

965.100. For the purposes of section 965.90, if a particular business carried on by a corporation is, where the Minister so decides, considered in fact to consist mainly in the continuation of a business or part of a business carried on by another taxpayer before the time of the beginning of the carrying on of the particular business by the corporation, the following rules apply:

(a)  the requirement relating to the percentage of wages paid to the corporation’s employees, set out in paragraph c of section 965.90, is replaced by the following requirements if the corporation is in its first fiscal period:

i.  throughout the period from the time of the beginning of the carrying on of the particular business by the corporation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, more than one-half of the wages paid to its employees, within the meaning of the regulations under section 771, were paid to employees of an establishment situated in Québec, and

ii.  immediately before the time of the beginning of the carrying on of the particular business by the corporation, more than one-half of the wages paid by the other taxpayer to its employees, within the meaning of the regulations under section 771, were paid to employees of an establishment situated in Québec throughout the part of the 12-month period ending on the date of the receipt for the final prospectus or of the exemption from filing a prospectus that precedes the beginning of the carrying on of the particular business by the corporation; and

(b)  the requirement relating to the number of employees set out in paragraph d of section 965.90 is replaced by the following requirements if a period of at least 12 months has not elapsed between the time of the beginning of the carrying on of the particular business by the corporation and the date of the receipt for the final prospectus or of the exemption from filing a prospectus:

i.  throughout the period from the time of the beginning of the carrying on of the particular business by the corporation to the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the corporation must have not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act (chapter V-1.1) nor persons related to such insiders, and

ii.  immediately before the time of the beginning of the carrying on of the particular business by the corporation, the other taxpayer must have had, in relation to that business or part of a business, not fewer than five full-time employees who are neither insiders within the meaning of section 89 of that Act nor persons related to such insiders throughout the part of the 12-month period ending on the date of the receipt for the final prospectus or of the exemption from filing a prospectus that precedes the beginning of the carrying on of the particular business by the corporation.

For the purposes of the first paragraph, the continuation of a business or part of a business carried on by another taxpayer before the beginning of the carrying on, by a corporation, of the particular business must result from

(a)  the acquisition or rental, by the corporation, of property from the other taxpayer who, throughout the part of the period described in the first paragraph that precedes the acquisition or rental, carried on a business in which the other taxpayer used that property; or

(b)  the carrying on, by the corporation, of a new business that may reasonably be considered in fact to consist in the extension of a business or part of a business carried on by the other taxpayer.

For the purposes of subparagraph b of the first paragraph, the other taxpayer is deemed to have had not fewer than five full-time employees who are neither insiders within the meaning of section 89 of the Securities Act nor persons related to such insiders, if

(a)  throughout the part of the period described in subparagraph ii of subparagraph b of the first paragraph, a class of shares of its capital stock is listed on a designated stock exchange located in Canada; and

(b)  a person, other than such an insider or a person related to such an insider, or a partnership provides the other taxpayer, in the period referred to in subparagraph a, with services under a service contract and that other taxpayer would normally have required the services of more than five full-time employees if those services had not been provided.

2006, c. 13, s. 80; 2006, c. 36, s. 93; 2010, c. 5, s. 119.

§ 5 . — Various rules

2006, c. 13, s. 80.

965.101. For the purposes of paragraph c of section 965.90, if a corporation has, within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, modified its usual and accepted fiscal period, the reference to its last taxation year ended before that date is to be replaced by a reference to each of the taxation years ended within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus.

2006, c. 13, s. 80.

965.102. For the purposes of paragraph e of section 965.90, the following rules apply:

(a)  in the case of a corporation in its first fiscal period, except in the case provided for in paragraph c, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is to be replaced by a reference to its financial statements at the beginning of its first fiscal period;

(b)  in the case of a corporation having modified its usual and accepted fiscal period within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus otherwise than as a result of an amalgamation within the meaning of section 544, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is to be replaced by a reference to its financial statements submitted to the shareholders for each of the taxation years ended within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus; and

(c)  in the case of a corporation resulting from an amalgamation within the meaning of section 544 within the 365 days preceding the date of the receipt for the final prospectus or of the exemption from filing a prospectus, the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is to be replaced by a reference to its financial statements submitted to the shareholders at the beginning of its first fiscal period if the corporation is in its first fiscal period, or for each of the taxation years ended since the time of the amalgamation in other cases, and to the financial statements submitted to the shareholders of the predecessor corporation referred to in section 965.96 or 965.97 for each of its taxation years ended within the 365 days preceding the time of the amalgamation.

2006, c. 13, s. 80.

965.103. For the purposes of paragraph e of section 965.90, if the major portion of the proceeds of a public share issue is used for the financing of scientific research and experimental development carried on in Québec, the corporation may elect to have the following rules apply:

(a)  the reference to its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus is replaced, where applicable, by a reference to its last interim financial statements, before that date, as audited and submitted to the shareholders;

(b)  that paragraph e is to be read without reference to “cash on hand or on deposit,” and “promissory notes, debentures, bonds, any other debt securities, guaranteed investment certificates,”; and

(c)  the value of the property mentioned in that paragraph e is increased by the amount of expenditures for scientific research and experimental development carried on by the corporation in Québec in the taxation years ended in a 60-consecutive-month period ending on the date of the financial statements considered and, in the case of interim financial statements, is also increased by the amount of expenditures for scientific research and experimental development carried on in Québec in the period covered by those interim financial statements.

2006, c. 13, s. 80.

965.104. For the purposes of paragraph e of section 965.90, if, between the end of the last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus and the date of that receipt or exemption, a substantial change occurs in relation to the composition of a corporation’s property and the Minister is of the opinion that the objectives of this Title, except that paragraph e, are met, the Minister may, for the purpose of determining whether the value of the corporation’s property that is referred to in that paragraph e does not exceed 50%, consult any document the Minister considers appropriate in the circumstances, including the last audited interim financial statements of the corporation, prepared before the date of the receipt for the final prospectus or of the exemption from filing a prospectus and submitted to the shareholders.

For the purposes of the first paragraph, a substantial change in relation to the composition of a corporation’s property means a decrease of at least 25 points between the percentage representing the proportion that the value of the property referred to in paragraph e of section 965.90 is of the total value of its property, as shown in its financial statements submitted to the shareholders for its last taxation year ended before the date of the receipt for the final prospectus or of the exemption from filing a prospectus, or, if such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, and the percentage representing the proportion that the value of the property referred to in that paragraph e is of the total value of its property, as shown in its last interim financial statements, or, if such financial statements have not been prepared, in any other document the Minister considers appropriate in the circumstances.

2006, c. 13, s. 80.

§ 6 . — Purchase or redemption of shares and anti-avoidance rule

2006, c. 13, s. 80.

965.105. For the purposes of this Title, “qualified issuing corporation” does not include a corporation that, in the period beginning on the first day of the fifth calendar year preceding the calendar year in which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a share issue and ending at the time the receipt or exemption is granted, makes a transaction consisting in the purchase or redemption in any manner whatever, directly or indirectly, of a share of a class of its capital stock other than a share described in section 965.106.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each transaction, made an issue of shares of its capital stock that meet the requirement of paragraph b of section 965.74 and are not qualifying shares, for an amount equal to or greater than the amount of the transaction.

2006, c. 13, s. 80.

965.106. The share to which section 965.105 refers is

(a)  a share that is a fractional share;

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus or as a result of a transaction referred to in any of sections 301, 536, 541 and 544 in respect of a share meeting, at the time of its issue, the requirement of paragraph b of section 965.74 or in respect of a share substituted for such a share; or

(c)  a share purchased or redeemed to meet the requirements of an Act or the regulations governing a sector of activities.

2006, c. 13, s. 80.

965.107. For the purposes of this Title, “qualified issuing corporation” does not include a corporation whose shares of a class of its capital stock are, in the period beginning on the first day of the fifth calendar year preceding the calendar year in which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a share issue and ending at the time the receipt or exemption is granted, the subject of a particular transaction consisting of a transaction or operation or of a series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the particular transaction is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.108.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each particular transaction and for an amount determined in section 965.109, made an issue of shares of its capital stock that meet the requirement of paragraph b of section 965.74 and are not qualifying shares or until shares of the capital stock of the corporation have been the subject, in respect of each particular transaction, of a transaction or operation or of a series of transactions or operations, for an amount determined in section 965.109, if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or the series of transactions or operations is equivalent to the issue of shares of the capital stock of the corporation that meet the requirement of that paragraph b.

The Minister may exercise the power provided for in the first paragraph, in particular, when shares of the capital stock of a corporation that are not described in section 965.108 are acquired by a person related to the corporation.

2006, c. 13, s. 80.

965.108. The share to which section 965.107 refers is

(a)  a share that is a fractional share;

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus or as a result of a transaction referred to in any of sections 301, 536, 541 and 544, in relation to a share meeting, at the time of its issue, the requirement of paragraph b of section 965.74 or in relation to a share substituted for such a share; or

(c)  a share that is the subject of a transaction or operation or of a series of transactions or operations if the transaction or operation or the series of transactions or operations is effected to meet the requirements of an Act or the regulations governing a sector of activities.

2006, c. 13, s. 80.

965.109. The amount to which the second paragraph of section 965.107 refers is an amount that, in the opinion of the Minister, is equal to or greater than the amount that would have been disbursed for the acquisition of the shares that, but for a transaction or operation or a series of transactions or operations referred to in the first paragraph of that section, would have been purchased or redeemed.

2006, c. 13, s. 80.

965.110. For the purposes of this Title, “qualified issuing corporation” does not include a corporation the net shareholders’ equity of which, in the period beginning on the first day of the fifth calendar year preceding the calendar year in which it is granted a receipt for a final prospectus or an exemption from filing a prospectus in respect of a public share issue and ending at the time the receipt or exemption is granted, is affected, directly or indirectly, in any manner whatever, as a result of a particular transaction consisting of a transaction or operation or of a series of transactions or operations other than a transaction or operation or a series of transactions or operations described in section 965.112 if, in the opinion of the Minister, it is reasonable to believe that the particular transaction is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.111.

The first paragraph applies during the period referred to in the first paragraph until the corporation has, in respect of each particular transaction, made an issue of shares of its capital stock that meet the requirement of paragraph b of section 965.74 and are not qualifying shares or until the net shareholders’ equity of the corporation has been the subject, in respect of each particular transaction, of a transaction or operation or of a series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or the series of transactions or operations is equivalent to the issue of such shares of the capital stock of the corporation for an amount that is equal to or greater than the amount by which the net shareholders’ equity was modified.

Without restricting the generality of the preceding paragraphs, the Minister may render such a decision, in particular, when a corporation makes a large distribution of its surplus, except such a distribution in shares of its capital stock.

2006, c. 13, s. 80.

965.111. The share to which section 965.110 refers is

(a)  a share that is a fractional share; or

(b)  a share that can, under the conditions pertaining to its issue, be redeemed by the issuing corporation or purchased by anyone, directly or indirectly, in any manner whatever, and that was not received as part of a large distribution of surplus or as a result of a transaction referred to in any of sections 301, 536, 541 and 544, in relation to a share meeting, at the time of its issue, the requirement of paragraph b of section 965.74 or in relation to any share substituted for such a share.

2006, c. 13, s. 80.

965.112. A transaction or operation or a series of transactions or operations referred to in the first paragraph of section 965.110 is a transaction or operation or a series of transactions or operations effected to meet the requirements of an Act or the regulations governing a sector of activities.

2006, c. 13, s. 80.

965.113. For the purposes of this Title, a corporation that has made a particular transaction referred to in the first paragraph of any of sections 965.105, 965.107 and 965.110, is not required to meet the requirement set out in the second paragraph of those sections, where applicable, in respect of the particular transaction, if the aggregate of the amounts by which its capital stock has been reduced as a result of the particular transaction and of any other transaction consisting of a particular transaction referred to in the first paragraph of those sections that is made during the period that begins on the three hundred and sixty-fourth day preceding the day of the particular transaction and ends immediately before the particular transaction is made is less than 5% of the aggregate of the following amounts, determined immediately before the particular transaction is made:

(a)  the paid-up capital relating to the shares of its capital stock, other than shares described in sections 965.106, 965.108 and 965.111; and

(b)  the paid-up capital relating to the subscription rights in the shares referred to in paragraph a.

2006, c. 13, s. 80.

965.114. For the purposes of this Title, a corporation that plans to make a share issue that can be included in a stock savings plan II as qualifying shares, no share of the capital stock of which was issued with a stipulation that it could be included in such a plan nor was issued, as a result of a transaction referred to in section 541 or 544, other than a transaction referred to in section 555.1, in replacement of or substitution for a share issued with such a stipulation, and that makes before the date of the receipt for the final prospectus or of the exemption from filing a prospectus relating to its issue or has made a particular transaction referred to in the first paragraph of any of sections 965.105, 965.107 and 965.110, is not required to meet the requirement set out in the second paragraph of those sections, where applicable, in respect of the particular transaction, if the aggregate of the amounts by which its capital stock has been reduced as a result of the particular transaction and of any other transaction consisting of a particular transaction referred to in the first paragraph of those sections that is made during the period that begins on the three hundred and sixty-fourth day preceding the day of the particular transaction and ends immediately before the particular transaction is made is less than 10% of the amount of the share issue that the corporation plans to make.

2006, c. 13, s. 80; 2010, c. 5, s. 120.

965.115. Despite sections 965.105 to 965.114, a corporation may make a transaction referred to in those sections without having to meet the requirement set out in the second paragraph of any of sections 965.105, 965.107 and 965.110 if, in the opinion of the Minister, an undesirable situation would otherwise result.

2006, c. 13, s. 80.

965.116. For the purposes of this Title, “qualified issuing corporation” does not include a corporation that effects a transaction or operation or a series of transactions or operations if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or the series of transactions or operations was effected to meet the requirements set out in paragraph d or e of section 965.90.

2006, c. 13, s. 80.

DIVISION II QUALIFIED MUTUAL FUNDS

2006, c. 13, s. 80.

965.117. A qualified mutual fund is a mutual fund, within the meaning of section 5 of the Securities Act (chapter V-1.1), that meets the requirements of this division.

2006, c. 13, s. 80; 2010, c. 25, s. 106.

965.118. A qualified mutual fund shall be established in Québec and the trustee or manager of the qualified mutual fund shall be resident in Canada and maintain an establishment in Québec.

2006, c. 13, s. 80.

965.119. When making, in any year, a public security issue consisting of securities that may be included in a stock savings plan II, a qualified mutual fund shall stipulate in the final prospectus relating to their issue that it undertakes to meet the following requirements:

(a)  to acquire, on or before 31 December in the year, qualifying shares with the proceeds or expected proceeds, for the year, of the public security issue, whose adjusted cost is not less than the adjusted cost of the aggregate of all qualifying securities issued by the qualified mutual fund in the year and constituting valid qualifying securities;

(b)  to be the owner, on 31 December in the year and in each of the following two years, of qualifying shares or valid shares, other than qualifying shares or valid shares having already been used, in respect of the same year, for the purposes of this paragraph, and whose adjusted cost is not less than the adjusted cost of the aggregate of all qualifying securities issued by the qualified mutual fund in the year and not redeemed by the qualified mutual fund on 31 December in the year and on 31 December in each of the two years following the year, respectively, as the case may be; and

(c)  to ensure, in relation to a qualifying share acquired by the qualified mutual fund, that no coverage deficiency amount may be computed in respect of an individual who has acquired a qualifying security as part of a public security issue.

For the purposes of subparagraph a of the first paragraph and section 965.120, the expected proceeds of a public security issue made by a qualified mutual fund for a year are the proceeds of such a public security issue or a portion of such proceeds, as the case may be, to the extent that

(a)  the public security issue ends on or before 31 December of that year; and

(b)  the proceeds or the portion of the proceeds is used to compensate or repay the acquisition cost of qualifying shares acquired by the qualified mutual fund at a particular time during the 90-day period that precedes the date on which the public security issue ends.

2006, c. 13, s. 80; 2010, c. 5, s. 121.

965.120. A qualified mutual fund that intends to make a public security issue and to acquire qualifying shares with the expected proceeds of the public security issue shall stipulate in the final prospectus relating to the issue that it undertakes to satisfy the conditions set out in subparagraphs a and b of the second paragraph of section 965.119.

2006, c. 13, s. 80.

965.121. A qualified mutual fund that makes, in a particular year, a public security issue consisting of securities that may be included in a stock savings plan II and is making its first such public security issue may, instead of stipulating in the final prospectus relating to their issue that it undertakes to meet the requirements set out in section 965.119, elect to stipulate in the final prospectus that it undertakes to meet the following requirements or may, once it has stipulated that it undertakes to meet the requirements set out in section 965.119, elect instead to undertake to meet the following requirements by sending to the Minister and to the Autorité des marchés financiers a written notice to that effect on or before 31 December in the year in which the receipt for the final prospectus relating to their issue was obtained:

(a)  to use a determined percentage, which must be the same throughout any particular year during which securities are issued as part of the security issue, not lower than 50%, of the proceeds, for the particular year, of the issue of securities not redeemed by the qualified mutual fund on or before 31 December in the particular year, to acquire, on or before 31  December in the year following the particular year, qualifying shares that are issued by qualified issuing corporations;

(b)  to cause the proportion, expressed as a percentage, that the adjusted cost is of the cost, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs, to the qualified mutual fund, of the aggregate of all qualifying shares described in paragraph a that the qualified mutual fund has undertaken to acquire in accordance with that paragraph a on or before 31 December in the year following the particular year, to be equal to or greater than the determined percentage, not lower than 50%, stated in that respect by the qualified mutual fund, in respect of the public security issue, in the final prospectus relating to their issue or in the written notice to be sent by the qualified mutual fund to the Minister and to the Autorité des marchés financiers, as the case may be;

(c)  to acquire, on or before 31 December in the particular year, qualifying shares with the proceeds, for the particular year, of the public security issue, that are not the subject of the undertaking under paragraph a and are not qualifying shares having already been used, in respect of the particular year, for the purposes of paragraph d, and whose adjusted cost is not less than the amount by which the adjusted cost of the aggregate of all qualifying securities issued by the qualified mutual fund in the particular year and constituting valid qualifying securities exceeds the particular amount equal to the lesser of the proceeds of the issue of securities constituting, for the particular year, valid qualifying securities and the amount obtained by applying to the portion, that is the subject of the undertaking under paragraph a, of the proceeds, for the particular year, of the public security issue, the percentage determined under paragraph b in respect of the public security issue;

(d)  to acquire, on or before 31 December in the year following the particular year, qualifying shares described in paragraph a with the proceeds, for the particular year, of the public security issue, other than any such qualifying shares having already been used, in respect of the particular year, for the purposes of paragraph c, and whose adjusted cost is equal to or greater than the particular amount referred to in paragraph c in respect of the particular year;

(e)  to be the owner, on 31 December in the particular year and in each of the following two years, of shares that are qualifying shares or valid shares, other than qualifying shares or valid shares having already been used, in respect of the same year, for the purposes of paragraph f or of this paragraph, and whose adjusted cost is equal to or greater than the amount by which the adjusted cost of the aggregate of all qualifying securities issued by the qualified mutual fund in the particular year and not redeemed by the qualified mutual fund on 31 December in the particular year and on 31 December in each of the two years following the particular year, respectively, as the case may be, exceeds the particular amount referred to in paragraph c in respect of the particular year;

(f)  to be the owner, on 31 December in each of the three years following the particular year, of shares that are qualifying shares or valid shares, other than qualifying shares or valid shares having already been used, in respect of the same year, for the purposes of this paragraph, and whose adjusted cost is equal to or greater than the particular amount referred to in paragraph c in respect of the particular year; and

(g)  to ensure, in relation to a qualifying share acquired by the qualified mutual fund, that no coverage deficiency amount may be computed in respect of an individual who has acquired a qualifying security as part of a public security issue.

2006, c. 13, s. 80; 2010, c. 5, s. 122.

965.122. If a qualified mutual fund stipulates, in a final prospectus relating to a public security issue, the percentage to be used for the purposes of paragraph a of section 965.124, it shall also stipulate the portion of the adjusted cost of the qualifying security to be considered as the portion that may reasonably be allocated to the purchase of qualifying shares referred to in section 965.123.

2006, c. 13, s. 80.

CHAPTER V ADJUSTED COST

2006, c. 13, s. 80.

965.123. The adjusted cost of a qualifying share to an individual or a qualified mutual fund is obtained by multiplying the cost of the qualifying share to the individual or the qualified mutual fund, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs related to the qualifying share, by

(a)  150% in the case of a qualifying share acquired by the individual or the qualified mutual fund after 19 March 2009 and before 1 January 2011; or

(b)  100% in the case of any other qualifying share acquired by the individual or the qualified mutual fund.

2006, c. 13, s. 80; 2010, c. 5, s. 123.

965.124. The adjusted cost of a qualifying security to an individual is the amount obtained by multiplying the cost of the security to the individual, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs related to the security, by

(a)  the percentage stipulated in that respect in the final prospectus relating to its issue; or

(b)  if it is so stipulated in the final prospectus relating to its issue, the percentage determined not later than 60 days after the year of its issue and equal to such proportion as is represented,

i.  in respect of a qualified mutual fund that has undertaken to meet the requirements set out in section 965.119 in respect of the public security issue as part of which the qualifying security was issued, by the proportion that the adjusted cost of the aggregate of all qualifying shares acquired in that year by the qualified mutual fund with the proceeds of the public issue of securities that are valid qualifying securities in respect of the year is of the proceeds of the issue, and

ii.  in respect of a qualified mutual fund that has undertaken to meet the requirements set out in section 965.121 in respect of the public security issue as part of which the qualifying security was issued, by the proportion that the aggregate of the adjusted cost of the aggregate of all qualifying shares that are the subject of the undertaking given by the qualified mutual fund in respect of the public security issue in accordance with paragraph a of that section and that may be acquired by it for an amount equal to the particular amount referred to in paragraph c of that section in respect of the year, and the adjusted cost of the aggregate of all qualifying shares acquired by the qualified mutual fund in that year with that portion of the proceeds of the public issue of securities that are valid qualifying securities in respect of that year in excess of the particular amount is of the proceeds of the public issue of securities that are valid qualifying securities in respect of that year.

2006, c. 13, s. 80.

965.125. The adjusted cost of a share that is a valid share to an individual or a qualified mutual fund is obtained by multiplying the cost of the share to the individual or the qualified mutual fund, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs related to the share, by

(a)  150% in the case of a valid share acquired by the individual or the qualified mutual fund after 19 March 2009 and before 1 January 2011; or

(b)  100% in the case of any other valid share acquired by the individual or the qualified mutual fund.

2006, c. 13, s. 80; 2010, c. 5, s. 124.

CHAPTER VI DEDUCTION

2006, c. 13, s. 80.

965.126. An individual resident in Québec on 31 December in a year who acquires during the year a qualifying share or qualifying security that the individual includes in a stock savings plan II under which the individual is a beneficiary, may deduct in computing the individual’s taxable income for the year, in respect of the aggregate of such plans, an amount not exceeding the lesser of the amounts determined by the following formulas:

(a)  A + B; and

(b)  (C − D) − (E − F).

In the formulas in the first paragraph,

(a)  A is the adjusted cost of the qualifying shares that the individual acquired during the year and included in those plans on or before 31 January of the following year;

(b)  B is the adjusted cost of the qualifying securities that the individual acquired during the year and included in those plans on or before 31 January of the following year, and that are valid qualifying securities in respect of the year;

(c)  C is the adjusted cost of the shares and securities included in those plans, at the end of the year, including those that the individual acquired in the year and included in those plans on or before 31 January of the following year;

(d)  D is the individual’s coverage deficiency amounts for the year and for each of the preceding two years;

(e)  E is the amounts that the individual deducted under section 726.4.0.1 for the preceding two years; and

(f)  F is any amount described in section 310 that the individual was required to include in computing the individual’s income for the preceding year in respect of a stock savings plan II.

2006, c. 13, s. 80; 2010, c. 5, s. 125.

965.127. The amount of the deduction under section 965.126 in respect of an individual is not to exceed 10% of the individual’s total income for the year.

2006, c. 13, s. 80.

CHAPTER VII INCLUSION

2006, c. 13, s. 80.

965.128. An individual resident in Québec on 31 December in a year who withdraws during the year a share or security from a stock savings plan II under which the individual is a beneficiary, is required to include in computing the individual’s income for the year, in respect of the aggregate of such plans, the lesser of the amounts determined by the following formulas:

(a)  A + B; and

(b)  (C − D) − (E − F).

In the formulas in the first paragraph,

(a)  A is the adjusted cost of the shares and securities withdrawn by the individual from those plans during the year;

(b)  B is the individual’s coverage deficiency amounts for the year;

(c)  C is the amounts that the individual deducted under section 726.4.0.1 for the preceding two years;

(d)  D is any amount described in section 310 that the individual was required to include in computing the individual’s income for the preceding year in respect of a stock savings plan II;

(e)  E is the adjusted cost of the shares and securities included in those plans, at the end of the year, including those that the individual acquired in the year and included in those plans during the month of January of the following year; and

(f)  F is the individual’s coverage deficiency amounts for the year and for each of the preceding two years.

2006, c. 13, s. 80; 2010, c. 5, s. 126.

965.129. A coverage deficiency amount in respect of an individual means, in respect of a particular withdrawal from a stock savings plan II at a particular time, the amount determined by the formula

(A + B) - (C + D).

In the formula in the first paragraph,

(a)  A is the adjusted cost of the qualifying shares withdrawn from the plan at the particular time referred to in the first paragraph;

(b)  B is the adjusted cost of the qualifying securities withdrawn from the plan at the particular time referred to in the first paragraph;

(c)  C is the adjusted cost of the qualifying shares and valid shares acquired after the particular time referred to in the first paragraph and included in the plan on or before the last day of the second month following the month in which the particular withdrawal occurred; and

(d)  D is the adjusted cost of the qualifying securities acquired after the particular time referred to in the first paragraph and included in the plan on or before the last day of the second month following the month in which the particular withdrawal occurred.

2006, c. 13, s. 80; 2006, c. 36, s. 94; 2009, c. 5, s. 393; 2010, c. 5, s. 127.

CHAPTER VIII SPECIAL CASES

2006, c. 13, s. 80.

965.130. Subject to the second paragraph, the deemed disposition, under any of sections 299, 436 and 440, of a share included in a stock savings plan II does not entail the withdrawal of the share from the plan.

If an amount was deducted for a year under section 726.4.0.1 in respect of a particular security that is a qualifying share or a qualifying security and if the deduction relates, directly or through a qualified mutual fund, to shares of a corporation that became a bankrupt in a particular year, the particular security is deemed withdrawn from the stock savings plan II on 1 January of the third year following the year of the deduction or, if it is later, at the time in the particular year when the corporation became a bankrupt.

2006, c. 13, s. 80; 2010, c. 5, s. 128.

965.131. The splitting or replacement of a qualifying share included in a stock savings plan II, as a result of a transaction referred to in any of sections 536, 541 and 544, without any consideration other than a share, does not entail the withdrawal of the qualifying share from the plan if the requirement set out in section 965.75 is met in relation to each share issued in respect of the qualifying share that is split or replaced.

In such a case, each new share so issued is deemed to be a qualifying share that was included in a stock savings plan II at the same time as the qualifying share that is split or replaced.

In any other case, the qualifying share that is split or replaced is deemed to be withdrawn from the stock savings plan II at the time of the splitting or replacement, at the adjusted cost determined in its respect immediately before that time.

2006, c. 13, s. 80; 2010, c. 5, s. 129.

965.132. In the case provided for in the second paragraph of section 965.131, the adjusted cost of each qualifying share that is split or replaced, or of each new share that is issued, is equal to the adjusted cost of the qualifying share that is split or replaced, determined immediately before the splitting or replacement, divided by the number of shares resulting from the splitting or replacement.

2006, c. 13, s. 80.

965.133. In the case of the splitting or replacement of a qualifying share owned by a qualified mutual fund, as a result of a transaction referred to in any of sections 536, 541 and 544, without any consideration other than a share, the following rules apply:

(a)  each new share so issued is deemed to be a qualifying share acquired by the qualified mutual fund at the same time and with the same funds as the qualifying share that is split or replaced; and

(b)  the adjusted cost of the qualifying share that is split or replaced, or of each new share that is issued, is equal to the adjusted cost of the qualifying share that is split or replaced, determined immediately before the splitting or replacement, divided by the number of shares resulting from the splitting or replacement.

2006, c. 13, s. 80.

TITLE VII LIFE INSURANCE POLICIES

1972, c. 23.

CHAPTER I GENERAL RULES

1972, c. 23.

966. In this Title and sections 92.11 to 92.19,

(a)  “disposition”, in relation to an interest in a life insurance policy, includes the surrender of the policy, a policy loan made after 31 March 1978 in respect of the policy, the dissolution of that interest by virtue of the maturity of the policy, the disposition of that interest by operation of law only, and a particular payment which is not an annuity payment, a policy loan or a policy dividend and which is paid by the insurer in respect of the policy where the latter is not a policy contemplated in the second paragraph of section 968 and is a life annuity contract, within the meaning of the regulations, entered into after 16 November 1978 and before 13 November 1981, buy does not include

i.  a payment under a policy as a disability benefit or as an accidental death benefit;

ii.  the assignment of all or any part of an interest in the policy for the purpose of securing a debt or a loan other than a policy loan;

iii.  the lapse of the policy in consequence of non-payment of the premiums, if the policy was reinstated within the 60 days after the end of the calendar year in which the lapse occurred;

iv.  an annuity payment;

v.  a payment made under the policy in consequence of the death of any person whose life was insured under the policy if the policy is not an annuity contract and if it was last acquired before 2 December 1982 or is an exempt policy;

vi.  any event or transaction by which an individual becomes entitled to receive, under the terms of an exempt policy, all of the proceeds, including or excluding policy dividends, payable under the policy in the form of an annuity contract or annuity payments, if, at the time of the event or transaction, the individual whose life is insured under the policy was totally and permanently disabled;

(a.1)  “insurer” or “life insurer” includes a person who is licensed or otherwise authorized under a law of Canada or a province to issue contracts that are annuity contracts;

(a.1.1)  “policy loan” means an amount advanced by an insurer to a policyholder in accordance with the terms and conditions of a life insurance policy;

(a.2)  “child” of a policyholder includes a child as defined in subparagraph d of the first paragraph of section 451;

(b)  “segregated fund trust”, “segregated fund”, “interest” and “amount payable” have the meaning assigned by section 835;

(b.1)  “person whose life was insured” includes an annuitant under a life annuity contract, within the meaning of the regulations, entered into before 17 November 1978;

(b.2)  (paragraph repealed);

(b.3)  “premium” under a life insurance policy includes a prepaid premium under the policy which is refundable only on termination or cancellation of the policy and interest paid after 31 December 1977 to a life insurer in respect of a policy loan in respect of such policy, except such interest deductible after 31 December 1980 in accordance with sections 160 to 163.1 but does not include, where the interest in the policy was last acquired after 1 December 1982, that portion of any amount paid after 31 May 1985 under the policy with respect to

i.  an accidental death benefit;

ii.  a disability benefit;

iii.  an additional risk as a result of insuring a substandard life;

iv.  an additional risk in respect of the conversion of a term insurance policy into another insurance policy after the end of the year;

v.  an additional risk under a settlement option;

vi.  an additional risk under a guaranteed insurability benefit; or

vii.  any other prescribed benefit that is ancillary to the policy;

(b.4)  “proceeds of the disposition” of an interest in a life insurance policy means the amount of the proceeds that the policyholder, beneficiary or assignee, as the case may be, is entitled to receive on a disposition of such interest and also means,

i.  in respect of a surrender or maturity of the policy, the amount by which the cash surrender value of that interest in the policy at the time of surrender or maturity, excluding that portion of the cash surrender value that is applicable to a policyholder’s interest in the segregated fund trust related to that policy as referred to in section 851.11, exceeds the aggregate of all amounts each of which is

(1)  an amount payable at that time by the policyholder in respect of a policy loan in respect of the policy,

(2)  a premium under the policy that is due but unpaid at that time, or

(3)  an amount applied, immediately after the time of the surrender, to pay a premium under the policy, as provided for under the terms and conditions of the policy;

ii.  in respect of a policy loan in respect of that policy made after 31 March 1978, the lesser of

(1)  the amount of the loan, other than the part thereof applied, immediately after the loan, to pay a premium under the policy, as provided for under the terms and conditions of the policy, and

(2)  the amount by which the cash surrender value of the policy immediately before the loan is made exceeds the aggregate of the amounts outstanding at that time in respect of policy loans in respect of the policy;

iii.  in respect of a particular payment referred to in paragraph a, the amount of the payment;

iv.  in respect of a deemed disposition described in paragraph b of section 967, the accumulating fund in respect of the interest, as determined in prescribed manner, immediately before the time of death in respect of a life insurance policy other than an annuity contract, last acquired after 1 December 1982, or immediately after the time of death in respect of an annuity contract;

(c)  “value”, at a particular time, of an interest in a life insurance policy means, when the interest includes an interest in the cash surrender value of the policy, the amount to which the holder of the interest would be entitled if the policy were surrendered at that time; such value is nil in other cases; and

(d)  “cash surrender value” at a particular time of a life insurance policy means its cash surrender value at that time computed without regard to any policy loans made under the policy, any policy dividends, other than paid-up additions, payable under the policy or any interest payable on such dividends.

1972, c. 23, s. 698; 1973, c. 18, s. 26; 1978, c. 26, s. 181; 1980, c. 13, s. 96; 1981, c. 12, s. 11; 1984, c. 15, s. 222; 1986, c. 15, s. 151; 1986, c. 19, s. 173; 1991, c. 25, s. 158; 1993, c. 16, s. 312; 1994, c. 22, s. 304; 1996, c. 39, s. 273; 2001, c. 53, s. 205; 2003, c. 2, s. 260; 2004, c. 8, s. 172.

966.1. For the purposes of this Title and sections 92.11 to 92.19,

(a)  a policyholder who holds an interest in a life insurance policy since its issue is deemed to have acquired the interest on the later of the date on which the policy came into force and the date on which the application in respect of the policy signed by the policyholder was filed with the insurer;

(b)  except as otherwise provided, a policyholder is deemed not to have acquired or disposed of an interest in a life insurance policy, other than an annuity contract, as a result only of the exercise of any provision of the policy, other than a conversion of the policy into an annuity contract; and

(c)  where section 92.17 does not apply to an interest in a life insurance policy, other than an annuity contract, last acquired before 2 December 1982 that has been acquired by a taxpayer from a person with whom he was not dealing at arm’s length, the interest is deemed to have been last acquired by the taxpayer before 2 December 1982.

1984, c. 15, s. 223; 1986, c. 15, s. 152; 1991, c. 25, s. 159; 1993, c. 16, s. 313; 2001, c. 53, s. 206.

967. For the purposes of sections 157.5, 968, 976 and 976.1,

(a)  a policyholder who, at any time, becomes entitled to receive under a life insurance policy, a particular amount as, on account or in lieu of payment of, or in satisfaction of, a policy dividend is deemed

i.  to have disposed of an interest in the policy at that time, and

ii.  to have become entitled to receive proceeds of the disposition of the interest equal to the amount by which

(1)  the particular amount exceeds

(2)  the part of the particular amount applied immediately after that time to pay a premium under the policy or to repay a policy loan under the policy, as provided for under the terms and conditions of the policy;

(b)  where in a taxation year, the holder of an interest in a life insurance policy or in an annuity contract dies or where the person whose life was insured or who was an annuitant under the contract or policy dies,

i.  the policyholder, where the policy was last acquired after 1 December 1982 and is not an exempt policy or an annuity contract, is deemed to dispose of his interest in the policy immediately before the death and the policyholder immediately after such death is deemed to have acquired the interest at a cost equal to the accumulating fund in respect of that interest, as determined in prescribed manner, immediately after the death; and

ii.  the holder of the contract, where the contract is neither a life annuity contract within the meaning of the regulations under section 966, entered into before 13 November 1981, nor a prescribed annuity contract is deemed to dispose of his interest in the contract immediately before the death and the holder of the contract immediately after the death is deemed to have acquired the interest at a cost equal to the accumulating fund in respect of that interest, as determined in prescribed manner, immediately after the death;

(c)  where a life insurance policy last acquired after 1 December 1982, or a life insurance policy to which section 92.17 applies by virtue of a prescribed increase of a death benefit under the policy, ceases to be an exempt policy, the policyholder is deemed to dispose of his interest in the policy at that time for proceeds of disposition equal to the accumulating fund with respect to the interest, as determined in prescribed manner, at that time and to reacquire the interest immediately after that time at a cost equal to such proceeds unless the policy ceased to be an exempt policy in consequence of the death of an individual whose life was insured under the policy or at a time when that individual was totally and permanently disabled.

1972, c. 23, s. 699; 1978, c. 26, s. 182; 1984, c. 15, s. 224; 1986, c. 19, s. 174; 1993, c. 16, s. 314; 1994, c. 22, s. 305; 1996, c. 39, s. 273; 2001, c. 53, s. 207.

CHAPTER II COMPUTATION OF THE POLICYHOLDER’S INCOME AND ABATEMENT

1972, c. 23; 1984, c. 15, s. 224.

968. A policyholder must include in computing his income for a taxation year in respect of the disposition of an interest in a life insurance policy, the excess of the proceeds of disposition of such interest in the policy that the holder, beneficiary or assignee, as the case may be, of the policy becomes entitled to receive in the year over the adjusted cost basis, to the holder, of such interest immediately before the disposition.

For the purposes of the first paragraph, a life insurance policy does not include a policy that is, or is issued pursuant to, a registered pension plan, a registered retirement savings plan, a deferred profit sharing plan, a registered retirement income fund, a tax-free savings account, an income-averaging annuity contract, an income-averaging annuity contract respecting income from artistic activities, an annuity contract the cost of which is deductible by the holder under paragraph f of section 339 in computing the holder’s income, an annuity contract that is a qualifying trust annuity in relation to a taxpayer the cost of which is deductible under that paragraph f in computing the taxpayer’s income or an annuity contract that the holder acquired in circumstances to which subsection 21 of section 146 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applied.

1972, c. 23, s. 700; 1978, c. 26, s. 183; 1980, c. 13, s. 97; 1984, c. 15, s. 224; 1986, c. 19, s. 175; 1991, c. 25, s. 160; 1994, c. 22, s. 306; 1995, c. 49, s. 221; 2001, c. 53, s. 208; 2005, c. 23, s. 132; 2009, c. 15, s. 176.

968.1. A taxpayer must include in computing his income for a taxation year in respect of the disposition of an interest in a life insurance policy that is a policy referred to in section 968 and, which is a life annuity contract, within the meaning of the regulations under section 966 entered into after 16 November 1978 and before 13 November 1981, the amount by which a particular payment referred to in paragraph a of section 966 that he becomes entitled to receive in the year exceeds the amount that would be the adjusted cost basis to him of his interest in the policy immediately before the disposition if, for the purposes of sections 976 and 976.1, he were, in respect of that interest in the policy, the policyholder.

1980, c. 13, s. 98; 1984, c. 15, s. 224; 1986, c. 19, s. 176.

969. (Repealed).

1972, c. 23, s. 701; 1973, c. 17, s. 110; 1978, c. 26, s. 184.

970. Where the holder of a life insurance policy, other than an annuity contract, last acquired before 2 December 1982 becomes, under the terms of the policy, entitled to receive from the insurer, at any time before the death of the person insured under such policy, all of the proceeds payable at that time, other than policy dividends, under the policy in the form of an annuity contract or annuity payments, the following rules apply:

(a)  the payments shall be regarded as annuity payments made under an annuity contract;

(b)  the purchase price of the annuity contract is deemed to be the adjusted cost basis of the policy to the holder immediately before the first payment under that contract becomes payable; and

(c)  the annuity contract or annuity payments are deemed not to be the proceeds of disposition of an interest in the policy.

1972, c. 23, s. 702; 1984, c. 15, s. 225; 1986, c. 19, s. 177.

971. A holder of a life insurance policy who disposes in any manner whatever of his interest in the policy to a person with whom he is not dealing at arm’s length or who disposes, by gift inter vivos or by will, by distribution from a corporation or by operation of law only, of the said interest to a person is deemed thereupon to be entitled to receive proceeds of disposition equal to the value of the interest at the time of the disposition, and the person to whom the disposition is made is deemed to acquire the interest at a cost equal to such value.

Notwithstanding any provision therein, the first paragraph does not apply in the case of a deemed disposition described in paragraph b of section 967.

1972, c. 23, s. 703; 1978, c. 26, s. 185; 1984, c. 15, s. 225; 1997, c. 3, s. 71.

971.1. Notwithstanding any other provision in this Title, where an interest in a life insurance policy other than an annuity contract has been transferred to the policyholder’s child for no consideration and a child of the policyholder or a child of the transferee is the person whose life is insured under the policy, the interest is deemed to have been disposed of by the policyholder for proceeds of disposition equal to the adjusted cost basis to the policyholder of the interest immediately before the transfer and the transferee is deemed to have acquired the interest at a cost equal to those proceeds.

1986, c. 15, s. 153; 1986, c. 19, s. 178; 1993, c. 16, s. 315.

971.2. Notwithstanding any other provision of this Title, where an interest of a policyholder in a life insurance policy, other than a policy referred to in the second paragraph of section 968, has been transferred to the policyholder’s spouse or a former spouse of the policyholder in settlement of rights arising out of their marriage, and both the policyholder and the transferee were resident in Canada at the time of the transfer, the interest is deemed to have been disposed of by the policyholder for proceeds of the disposition equal to the adjusted cost basis to the policyholder of the interest immediately before the transfer and to have been acquired by the transferee at a cost equal to those proceeds.

The first paragraph does not apply where the policyholder makes a valid election under subsection 8.1 of section 148 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to have that subsection not apply in respect of the transfer.

1993, c. 16, s. 316; 1994, c. 22, s. 307; 1997, c. 85, s. 227.

971.3. Notwithstanding any other provision of this Title, where, as a consequence of the death of a policyholder who was resident in Canada immediately before the policyholder’s death, an interest in a life insurance policy, other than a policy referred to in the second paragraph of section 968, has been transferred or distributed to the policyholder’s spouse who was resident in Canada immediately before the policyholder’s death, the interest is deemed to have been disposed of by the policyholder immediately before the policyholder’s death for proceeds of the disposition equal to the adjusted cost basis to the policyholder of the interest immediately before the transfer and to have been acquired by the spouse at a cost equal to those proceeds.

The first paragraph does not apply where the policyholder makes a valid election under subsection 8.2 of section 148 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) to have that subsection not apply in respect of the transfer.

1993, c. 16, s. 316; 1997, c. 85, s. 228.

972. For the purposes of this Title, where all or part of the reserves of an insurer in respect of a life insurance policy vary with the fair market value of the assets of a segregated fund, the proceeds of disposition of an interest in the policy are deemed not to include the portion of such proceeds payable out of the segregated fund.

1972, c. 23, s. 704; 1978, c. 26, s. 186.

973. (Repealed).

1972, c. 23, s. 705; 1978, c. 26, s. 187.

974. (Repealed).

1975, c. 21, s. 24; 1975, c. 22, s. 228; 1976, c. 18, s. 16; 1978, c. 26, s. 188.

975. (Repealed).

1972, c. 23, s. 706; 1978, c. 26, s. 189.

CHAPTER III COMPUTATION OF THE ADJUSTED COST BASIS

1972, c. 23; 1988, c. 18, s. 108.

976. In this Title and in sections 92.11 to 92.19, the adjusted cost basis to the holder of life insurance policy of his interest in the policy at a particular time means the amount by which the amount computed under section 976.1 is exceeded by the aggregate of:

(a)  the cost to him of each interest acquired by him in the policy before that particular time but not including an amount referred to in paragraph b or d;

(b)  the amounts paid before that particular time by him or on his behalf in respect of a premium under the policy, other than amounts referred to in subparagraph 3 of subparagraph i of paragraph b.4 of section 966, in subparagraph 1 of subparagraph ii of that subparagraph b.4 or in subparagraph 2 of subparagraph ii of paragraph a of section 967;

(c)  the amounts in respect of the disposition of an interest in the policy before that particular time that he was required to include in computing his income or his income earned in Canada as determined under Part II for a taxation year;

(d)  the amounts repaid, except any repayment deductible under paragraph k of section 157 as it read before its repeal or under paragraph i of section 336 or described in subparagraph 2 of subparagraph ii of paragraph a of section 967, after 31 March 1978 and before that particular time of a policy loan in respect of the policy, not exceeding the aggregate of the proceeds of the disposition of an interest in the policy in respect of that loan and the amount payable on 31 March 1978 in respect of a policy loan in respect of the policy;

(e)  the amount by which the cash surrender value of the policy as at its first anniversary date after 31 March 1977 exceeds the adjusted cost base, determined under the provisions of this Part which were then applicable but without taking sections 978 and 979 into account, of his interest in the policy on that anniversary date;

(f)  the amounts in respect of his interest in the policy that he included in computing his income for any taxation year ending before the particular time by virtue of section 92 or sections 92.11 to 92.19;

(g)  the amounts paid to him in respect of his interest in the policy to the extent to which prescribed tax was imposed on them before the particular time;

(h)  in the case of an interest in a life annuity contract, within the meaning of the regulations under section 966, to which section 92.11 applies for the taxation year that includes the particular time or would apply if the contract had an anniversary day in the year at a time when the taxpayer held the interest, all amounts each of which is a mortality gain, within the meaning of the regulations and determined by the issuer of the contract in accordance with the regulations, in respect of the interest immediately before the end of the calendar year ending in a taxation year commencing before the particular time; and

(i)  in the case of an interest in a life insurance policy, other than an annuity contract, to which section 971.3 applied before that time, the total of all amounts each of which is a mortality gain, as defined by regulation and determined by the issuer of the policy in accordance with the regulations, in respect of the interest immediately before the end of the calendar year ending in a taxation year beginning before the particular time.

1972, c. 23, s. 707; 1978, c. 26, s. 190; 1980, c. 13, s. 99; 1982, c. 5, s. 173; 1984, c. 15, s. 226; 1985, c. 25, s. 141; 1986, c. 19, s. 179; 1991, c. 25, s. 161; 1993, c. 16, s. 317; 1994, c. 22, s. 308; 1998, c. 16, s. 215; 2001, c. 53, s. 209.

976.1. The amount that the holder of a life insurance policy shall subtract from the aggregate determined under section 976 is the aggregate of the following amounts:

(a)  the total proceeds of the disposition of his interests in the policy that he became entitled to receive before the particular time;

(b)  the amount payable on 31 March 1978 in respect of a policy loan in respect of the policy;

(c)  the amount received before the particular time in respect of the policy that he was entitled to deduct under paragraph f of section 336 in computing his income for a taxation year;

(d)  the amounts in respect of his interest in the policy that he deducted under section 157.3 in computing his income for a taxation year commencing before the particular time;

(e)  in the case of an interest in a life insurance policy, other than an annuity contract, that was last acquired after 1 December 1982 by the policyholder, all amounts each of which is the net cost of pure insurance, within the meaning of the regulations and determined by the issuer of the policy in accordance with the regulations, in respect of the interest immediately before the end of the calendar year ending in a taxation year commencing after 31 May 1985 and before the particular time;

(f)  in the case of an interest in an annuity contract to which section 92.11 applies for the taxation year that includes the particular time, or would apply if the contract had an anniversary day in the year at a time when the taxpayer held the interest, the annuity payments paid, in respect of the interest, while the policyholder held the interest and before the particular time;

(g)  in the case of an interest in a contract described in paragraph h of section 976, all amounts each of which is a mortality loss, within the meaning of the regulations and determined by the issuer of the contract in accordance with the regulations, in respect of the interest before the particular time.

1984, c. 15, s. 227; 1985, c. 25, s. 142; 1991, c. 25, s. 162; 1993, c. 16, s. 318; 1998, c. 16, s. 251; 2001, c. 53, s. 210.

977. In computing the adjusted cost basis of a policy to a policyholder, where all or any part of the reserves of an insurer in respect of the life insurance policy vary with the fair market value of the property of a segregated fund, the following rules apply:

(a)  an amount paid by the policyholder or on his behalf as premiums under the policy or to acquire an interest therein is deemed not to be so paid to the extent that the insurer uses such amount to acquire property for the purposes of the segregated fund; and

(b)  any transfer by the insurer of property derived from the segregated fund that results in an increase in the portion of its reserves in respect of the policy that do not vary with the fair market value of the property of the fund is deemed to be a premium paid by the policyholder under the policy.

1972, c. 23, s. 708; 1986, c. 19, s. 180; 1996, c. 39, s. 273.

977.1. For the purpose of computing a taxpayer’s income from the disposition of a part of his interest in an annuity contract or in a life insurance policy other than an annuity contract last acquired after 1 December 1982, the adjusted cost basis to him, immediately before the disposition of that part is obtained by multiplying the adjusted cost basis to him of his interest immediately before the disposition, by the ratio between the proceeds of the disposition of the part of his interest and the accumulating fund with respect to his interest, as determined in prescribed manner, immediately before the disposition.

The first paragraph does not apply, however, if the disposition is a policy loan granted after 31 March 1978 in respect of the policy or is a deemed disposition under paragraph a of section 967.

1984, c. 15, s. 228; 1986, c. 19, s. 181; 2001, c. 53, s. 211.

978. (Repealed).

1972, c. 23, s. 709; 1978, c. 26, s. 191.

979. (Repealed).

1972, c. 23, s. 710; 1978, c. 26, s. 191.

TITLE VIII

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

CHAPTER I

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.1. (Repealed).

1985, c. 25, s. 143; 2002, c. 45, s. 521; 2004, c. 37, s. 90; 2007, c. 12, s. 98.

CHAPTER II

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.2. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.3. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.4. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.5. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

CHAPTER III

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.6. (Repealed).

1985, c. 25, s. 143; 2005, c. 23, s. 133; 2007, c. 12, s. 98.

979.7. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.8. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

CHAPTER IV

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.9. (Repealed).

1985, c. 25, s. 143; 2005, c. 23, s. 134; 2007, c. 12, s. 98.

979.10. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.11. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

CHAPTER V

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.12. (Repealed).

1985, c. 25, s. 143; 2005, c. 23, s. 135; 2007, c. 12, s. 98.

979.13. (Repealed).

1985, c. 25, s. 143; 2005, c. 23, s. 135; 2007, c. 12, s. 98.

979.14. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

CHAPTER VI

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.15. (Repealed).

1985, c. 25, s. 143; 1995, c. 1, s. 199; 1997, c. 31, s. 90; 2007, c. 12, s. 98.

CHAPTER VII

Repealed, 2007, c. 12, s. 98.

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.16. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.17. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

979.18. (Repealed).

1985, c. 25, s. 143; 2007, c. 12, s. 98.

TITLE IX ELIGIBLE FUNERAL ARRANGEMENTS

1996, c. 39, s. 248.

979.19. In this Title,

“cemetery care trust” means a trust established pursuant to an Act of a province for the care and maintenance of a cemetery;

“cemetery services” with respect to an individual means property, including interment vaults, markers, flowers, liners, urns, shrubs and wreaths, and services that relate directly to cemetery arrangements in Canada in consequence of the death of the individual including property and services to be funded out of a cemetery care trust;

“custodian” of an arrangement means

(a)  where a trust is governed by the arrangement, a trustee of the trust, and

(b)  in any other case, a qualifying person who receives a contribution under the arrangement as a deposit for the provision by the person of funeral or cemetery services;

“eligible funeral arrangement” at a particular time means an arrangement established and maintained by a qualifying person solely for the purpose of funding funeral or cemetery services with respect to one or more individuals and of which there is one or more custodians each of whom was resident in Canada at the time the arrangement was established, where

(a)  each contribution made before the particular time under the arrangement was made for the purpose of funding funeral or cemetery services to be provided by the qualifying person with respect to an individual; and

(b)  for each such individual, the aggregate of all relevant contributions made before the particular time in respect of the individual does not exceed

i.  $15,000, where the arrangement solely covers funeral services with respect to the individual,

ii.  $20,000, where the arrangement solely covers cemetery services with respect to the individual, and

iii.  $35,000, in any other case;

“funeral services” with respect to an individual means property and services, other than cemetery services with respect to the individual, that relate directly to funeral arrangements in Canada in consequence of the death of the individual;

“qualifying person” means a person licensed or otherwise authorized under the laws of a province to provide funeral or cemetery services with respect to individuals;

“relevant contribution” in respect of an individual under a particular arrangement means

(a)  a contribution under the particular arrangement, other than a contribution made by way of a transfer from an eligible funeral arrangement, for the purpose of funding funeral or cemetery services with respect to the individual; or

(b)  such portion of a contribution to another arrangement that was an eligible funeral arrangement, other than any such contribution made by way of a transfer from any eligible funeral arrangement, as can reasonably be considered to have subsequently been used to make a contribution under the particular arrangement by way of a transfer from an eligible funeral arrangement for the purpose of funding funeral or cemetery services with respect to the individual.

For the purposes of the definition of “eligible funeral arrangement” in the first paragraph, any payment, other than the portion of the payment that is a contribution to a cemetery care trust, that is made in consideration for the immediate acquisition of a right to burial in or on property that is set apart or used as a place for the burial of human remains or of any interest in a building or structure for the permanent placement of human remains, shall be considered to have been made pursuant to a separate arrangement that is not an eligible funeral arrangement.

Where, in any of the provisions of this Title, a reference to “funeral or cemetery services” is made, that reference includes a reference to a combination of such services.

1996, c. 39, s. 248; 2000, c. 5, s. 226.

979.20. Notwithstanding any other provision of this Part,

(a)  no amount that has accrued, is added or is credited to an eligible funeral arrangement shall be included in computing the income of any person solely because of such accrual, adding or crediting;

(b)  subject to the second paragraph and section 979.21, no amount shall be

i.  included in computing a person’s income solely because of the provision by another person of funeral or cemetery services under an eligible funeral arrangement, or

ii.  included in computing a person’s income because of the disposition of an interest under an eligible funeral arrangement or an interest in a trust governed by an eligible funeral arrangement.

Subparagraph ii of subparagraph b of the first paragraph shall not affect the consequences under this Part of the disposition of any right under an eligible funeral arrangement to payment for the provision of funeral or cemetery services.

1996, c. 39, s. 248; 2000, c. 5, s. 227.

979.21. Where at any particular time in a taxation year a particular amount is distributed, otherwise than as payment for the provision of funeral or cemetery services with respect to an individual, to a taxpayer from an arrangement that was, at the time it was established, an eligible funeral arrangement and the particular amount is paid from the balance in respect of the individual under the arrangement, there shall be added in computing the taxpayer’s income for the year from property the lesser of the particular amount and the amount determined by the formula

A + B - (C - D).

For the purposes of the formula in the first paragraph,

(a)  A is the balance in respect of the individual under the arrangement immediately before the particular time, determined without regard to the value of property in a cemetery care trust;

(b)  B is the aggregate of all payments made from the arrangement before the particular time for the provision of funeral or cemetery services with respect to the individual, other than cemetery services funded by property in a cemetery care trust;

(c)  C is the aggregate of all relevant contributions made before the particular time in respect of the individual under the arrangement, other than contributions in respect of the individual that were in a cemetery care trust; and

(d)  D is the aggregate of all amounts each of which is equal to the amount by which an amount relating to the balance in respect of the individual under the arrangement that is deemed under section 979.22 to have been distributed before the particular time from the arrangement exceeds the portion of that amount that is included, because of that section, in computing a taxpayer’s income.

1996, c. 39, s. 248; 2000, c. 5, s. 228; 2009, c. 5, s. 395.

979.22. If, at a particular time, an amount relating to the balance in respect of an individual (in this section and in section 979.23 referred to as the “transferor”) under an eligible funeral arrangement (in this section and in section 979.23 referred to as the “transferor arrangement”) is transferred, credited or added to the balance in respect of the same or another individual (in this section and in section 979.23 referred to as the “recipient”) under the same or another eligible funeral arrangement (in this section and in section 979.23 referred to as the “recipient arrangement”), the following rules apply:

(a)  the amount is deemed to have been distributed at the particular time to the transferor or, if the transferor is deceased at that time, to the recipient from the transferor arrangement and to have been paid from the balance in respect of the transferor under the transferor arrangement; and

(b)  the amount is deemed to be a contribution made, other than by way of a transfer from an eligible funeral arrangement, at the particular time under the recipient arrangement for the purpose of funding funeral or cemetery services with respect to the recipient.

2009, c. 5, s. 396.

979.23. Section 979.22 does not apply if

(a)  the transferor and the recipient are the same individual;

(b)  the amount that is transferred, credited or added to the balance in respect of the individual under the recipient arrangement is equal to the balance in respect of the individual under the transferor arrangement immediately before the particular time; and

(c)  the transferor arrangement is terminated immediately after the transfer.

2009, c. 5, s. 396.

BOOK VIII EXEMPTIONS

1972, c. 23.

TITLE I EXEMPTION FROM TAX

1972, c. 23.

CHAPTER I RULES OF APPLICATION

1972, c. 23.

980. No tax is payable under this Part on the taxable income of a person for a period during which he complies with the conditions required in this Title to be exempt from tax.

1972, c. 23, s. 712.

981. If the period contemplated in section 980 is only part of a taxation year, this Title only applies to the proportion of the taxable income for the year that the number of days in that period is of the total number of days in that year.

1972, c. 23, s. 713.

CHAPTER II FOREIGN OFFICERS

1972, c. 23.

982. An officer or servant of the government of a country other than Canada is exempt from tax if his duties require him to reside in Canada, if he resided outside Canada immediately before he assumed his duties and if such country grants a similar privilege to an officer or servant of the same class from Canada or Québec.

However, such exemption does not apply if the individual is a Canadian citizen or is engaged in a business or performing the duties of an office or employment in Canada other than the individual’s position with the foreign government.

1972, c. 23, s. 714; 1997, c. 14, s. 172.

983. The exemption provided in section 982 also applies to a member of the family of the individual contemplated in the said section who resides with such individual and to his employee,

(a)  if the foreign country grants a similar privilege to the members of the family and employees of the same class of officers or servants of Canada or Québec;

(b)  if the member of such family was not, at a particular time, lawfully admitted to Canada for permanent residence or is not engaged in a business, or performing the duties of an office or employment there;

(c)  if such employee resided outside Canada before assuming his duties as an employee of such individual and has at no time since then been engaged in a business or employed in Canada otherwise than by an individual contemplated in section 982; and

(d)  if the member of that family or the employee is not a Canadian citizen.

1972, c. 23, s. 715.

CHAPTER III PUBLIC BODIES

1972, c. 23.

984. Any municipality or municipal or public body performing a function of government in Canada is exempt from tax.

1972, c. 23, s. 716; 2009, c. 5, s. 397.

985. A person is exempt from tax for a period when the person is

(a)  a corporation, commission or association all of the capital, property or shares, other than directors’ qualifying shares, of which is owned by one or more persons each of which is the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec;

(b)  a corporation, commission or association not less than 90% of the capital, property or shares, other than directors’ qualifying shares, of which is owned by one or more persons each of which is the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec;

(c)  a corporation all of the capital, property or shares, other than directors’ qualifying shares, of which is owned by one or more persons each of which is another corporation, a commission or an association to which this subparagraph or subparagraph a applies for the period;

(d)  a corporation, commission or association not less than 90% of the capital, property or shares, other than directors’ qualifying shares, of which is owned by

i.  one or more persons each of which is the State, Her Majesty in right of Canada, Her Majesty in right of a province, other than Québec, or a person to which subparagraph a or c applies for the period, or

ii.  one or more municipalities in Canada in combination with one or more persons referred to in subparagraph i;

(e)  a corporation all of the capital, property or shares, other than directors’ qualifying shares, of which is owned by one or more persons each of which is another corporation, a commission or an association to which this subparagraph or any of subparagraphs a to d applies for the period;

(f)  subject to sections 985.0.1 and 985.0.2, a corporation, commission or association not less than 90% of whose capital is owned by one or more entities each of which is a municipality in Canada or a municipal or public body performing a function of government in Canada, and not more than 10% of whose income for the period is derived from activities carried on outside the geographical boundaries of the territories of those entities; or

(g)  subject to sections 985.0.1 and 985.0.2, a corporation all of the capital, property or shares, other than directors’ qualifying shares, of which is owned by one or more persons each of which is another corporation, a commission or an association to which this subparagraph or subparagraph f applies for the period, where not more than 10% of the corporation’s income for the period is derived from

i.  where subparagraph f applies to the other corporation, the commission or the association, activities carried on outside the geographical boundaries of the territories of the entities referred to in that subparagraph f in its application to that other corporation, commission or association, as the case may be, or

ii.  where this subparagraph applies to the other corporation, activities carried on outside the geographical boundaries of the territories of the entities referred to in this subparagraph in its application to that other corporation.

Where at a particular time a corporation, commission or association, in this paragraph referred to as the “entity”, would, but for this paragraph, be described in any of subparagraphs a to g of the first paragraph, the entity is deemed not to be, at the particular time, a person described in that subparagraph if

(a)  one or more persons, other than the State, Her Majesty in right of Canada, Her Majesty in right of a province, other than Québec, a municipality in Canada or a person which, at the particular time, is a person described in any of subparagraphs a to g of the first paragraph, have at the particular time a right to the capital, property or shares of that entity, or a right to acquire them; and

(b)  the exercise of the rights referred to in subparagraph a would result in the entity not being a person described in any of subparagraphs a to g of the first paragraph at the particular time.

1972, c. 23, s. 717; 1980, c. 13, s. 100; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2000, c. 5, s. 229; 2001, c. 7, s. 136; 2004, c. 8, s. 173; 2009, c. 5, s. 398.

985.0.0.1. Section 985 does not apply in respect of a person’s taxable income for a particular taxation year that begins after 31 December 1998 where

(a)  subparagraph a of the first paragraph of section 985 does not apply in respect of the person’s taxable income for the person’s last taxation year that began before 1 January 1999;

(b)  any of subparagraphs c, d and e of the first paragraph of section 985 would, but for this section, have applied in respect of the person’s taxable income for the person’s last taxation year that began after 31 December 1998;

(c)  there has been no change in the direct or indirect control of the person during the period that began at the beginning of the person’s first taxation year that began after 31 December 1998 and ends at the end of the particular year;

(d)  the person elects in writing before 1 January 2002 to have this section apply; and

(e)  the person has not notified the Minister in writing before the beginning of the particular year that the election has been revoked.

2004, c. 8, s. 174.

985.0.1. For the purposes of subparagraphs f and g of the first paragraph of section 985, income of a corporation, commission or association from activities carried on outside the geographical boundaries of the territory of a municipality or of a municipal or public body does not include income from an activity carried on by

(a)  the corporation, commission or association, as the case may be, within the geographical boundaries of Canada under an agreement in writing entered into with Her Majesty in right of Canada or a corporation controlled by Her Majesty in right of Canada and to which any of subparagraphs a to g of the first paragraph of section 985 applies;

(b)  the corporation, commission or association, as the case may be, within the geographical boundaries of a province under an agreement in writing entered into with the State or Her Majesty in right of that province, other than Québec, or a corporation controlled by the State or Her Majesty in right of that province, other than Québec, and to which any of subparagraphs a to g of the first paragraph of section 985 applies;

(c)  the corporation, commission or association, as the case may be, within the geographical boundaries of the territory of a municipality in Canada under an agreement in writing entered into with that municipality or a corporation controlled by that municipality and to which any of subparagraphs a to g of the first paragraph of section 985 applies;

(c.1)  the corporation, commission or association, as the case may be, within the geographical boundaries described in section 985.0.3 of a municipal or public body performing a function of government in Canada under an agreement in writing entered into with the body or with a corporation controlled by the body and to which any of subparagraphs a to g of the first paragraph of section 985 applies; or

(d)  the corporation, commission or association, as the case may be, in a province as a producer of electrical energy or natural gas or as a distributor of electrical energy, heat, natural gas or water, where the activity is regulated under the laws of the province.

2000, c. 5, s. 230; 2001, c. 7, s. 137; 2004, c. 8, s. 175; 2009, c. 5, s. 399.

985.0.2. Subparagraphs a to g of the first paragraph of section 985 do not apply in respect of a person’s taxable income for a period in a taxation year if at any time during the period

(a)  the person is a corporation the shares of the capital stock of which are owned by one or more other persons that, in total, give them more than 10% of the votes that could be cast at a meeting of shareholders of the corporation, other than shares that are owned by one or more persons each of which is

i.  the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec,

ii.  a municipality in Canada,

iii.  a municipal or public body performing a function of government in Canada, or

iv.  a corporation, a commission or an association, to which any of those subparagraphs a to g apply; or

(b)  the person is, or would be if the person were a corporation, controlled, directly or indirectly in any manner whatever, by a person, or by a group of persons that includes a person, who is not

i.  the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec,

ii.  a municipality in Canada,

iii.  a municipal or public body performing a function of government in Canada, or

iv.  a corporation, a commission or an association, to which any of those subparagraphs a to g apply.

2000, c. 5, s. 230; 2009, c. 5, s. 400.

985.0.3. For the purposes of this Book, the geographical boundaries of a municipal or public body performing a function of government in Canada are

(a)  the geographical boundaries that encompass the area in respect of which a law of Canada or an agreement given effect by a law of Canada recognizes or grants to the body a power to impose taxes; or

(b)  if paragraph a does not apply, the geographical boundaries within which that body is authorized by the laws of Canada or of a province to exercise that function.

2009, c. 5, s. 401.

CHAPTER III.1 CHARITIES

1978, c. 26, s. 192; 1995, c. 49, s. 236.

DIVISION I DEFINITIONS AND GENERALITIES

1978, c. 26, s. 192.

985.1. In this chapter,

(a)  “taxation year” means, in the case of a registered charity, a fiscal period;

(a.0.1)  “enduring property” of a registered charity has the meaning assigned by section 985.1.0.1;

(a.0.2)  “capital gains pool” of a registered charity for a taxation year has the meaning assigned by section 985.1.0.2;

(a.1)  “disbursement quota” for a taxation year of a registered charity means the amount determined for the year in respect of the charity under sections 985.9 to 985.9.4;

(a.2)  “specified gift” means that portion of a gift, made in a taxation year by a registered charity, that is designated as a specified gift in the return that it is required to file with the Minister for the year in accordance with the first paragraph of section 985.22;

(b)  “qualified donee” means a donee referred to in any of paragraphs a to c of section 710 and in any of the definitions of “total Crown gifts”, “total gifts of qualified property” and “total charitable gifts” in the first paragraph of section 752.0.10.1;

(c)  “related business” in relation to a charity includes a business that is unrelated to the purposes of the charity if substantially all of the persons employed by the charity in the carrying on of that business are not remunerated for such employment;

(d)  “charitable foundation” means a corporation or trust, other than a charitable organization, constituted and operated exclusively for charitable purposes, including the payment of funds to a qualified donee, if no part of the income of such corporation or trust is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settlor thereof;

(e)  “private foundation” means a charitable foundation that is not a public foundation;

(f)  “public foundation” means a charitable foundation described in section 985.1.1;

(g)  “charitable organization” means an organization described in section 985.1.2.

1978, c. 26, s. 192; 1986, c. 15, s. 154; 1993, c. 64, s. 122; 1995, c. 1, s. 107; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 1999, c. 83, s. 158; 2005, c. 38, s. 215; 2009, c. 15, s. 177.

985.1.0.1. Enduring property of a registered charity means

(a)  a gift received by the charity by way of legacy or inheritance, including a gift deemed by section 752.0.10.10.3 or 752.0.10.10.5;

(b)  if the charity is a charitable organization, a gift from another registered charity, other than a gift described in paragraph d or received from another charity in respect of which more than 50% of the members of the board of directors do not deal at arm’s length with each member of the board of directors of the charitable organization, that is subject to a trust clause or a direction to the effect that the property given, or property substituted for the gift,

i.  is to be held by the charitable organization for a period of not more than five years from the date that the gift was received by the charitable organization, and

ii.  is to be expended in its entirety over the period referred to in the trust clause or the direction

(1)  to acquire a corporeal capital property of the charitable organization to be used directly in charitable activities or administration,

(2)  in the course of a program of charitable activities of the charitable organization that could not reasonably be completed before the end of the first taxation year of the charitable organization ending after the taxation year in which the gift was received, or

(3)  for the uses described in subparagraphs 1 and 2;

(c)  a gift received by the charity, in this section referred to as the “original recipient charity”, other than a gift received from another charity, that is subject to a trust clause or a direction to the effect that the property given, or property substituted for the gift, is to be held by the original recipient charity or by another registered charity, in this section referred to as the “transferee”, for a period of not less than 10 years from the date that the gift was received by the original recipient charity, except that the trust clause or the direction may allow the original recipient charity or the transferee to expend the property before the end of that period to the extent of the amount that is for a taxation year, in respect of the original recipient charity or transferee, the amount determined under subparagraph d of the second paragraph of section 985.9; or

(d)  a gift received by the charity as a transferee from an original recipient charity or another transferee of the property that was, before that gift was so received, an enduring property of the original recipient charity or of the other transferee because of paragraph a or c or this paragraph, or property substituted for the gift, if, in the case of a property that was an enduring property of an original recipient charity because of paragraph c, the gift is subject to the same terms and conditions under the trust clause or the direction as applied to the gift to the original recipient charity.

2005, c. 38, s. 216; 2006, c. 13, s. 82.

985.1.0.2. A capital gains pool of a registered charity for a taxation year means the amount by which the aggregate of all amounts each of which is the amount of a capital gain of the charity from the disposition of an enduring property after 22 March 2004 and before the end of the taxation year, other than a capital gain from a disposition of a legacy or an inheritance received by the charity in a taxation year that included any time before 1 January 1994, that is declared by the charity in an information return filed under the first paragraph of section 985.22 for the taxation year during which the disposition occurred, exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is the amount, determined for a preceding taxation year of the charity that began after 22 March 2004, that is the lesser of the aggregate of the amounts determined in accordance with subparagraphs i and ii of subparagraph b of the second paragraph of section 985.9 and the amount claimed by the charity in accordance with the third paragraph of section 985.9.

2005, c. 38, s. 216; 2006, c. 13, s. 83; 2009, c. 15, s. 178.

985.1.1. The charitable foundation to which paragraph f of section 985.1 refers means a charitable foundation that, at a particular time, meets the following conditions:

(a)  more than 50% of its directors, trustees, officers or like officials deal at arm’s length with each other and with

i.  each of the other directors, trustees, officers and like officials of the foundation,

ii.  each person described in subparagraph i or ii of paragraph b, and

iii.  each member of a group of persons, other than the State, Her Majesty in right of Canada or Her Majesty in right of a province (other than Québec), a municipality, another registered charity that is not a private foundation, and any club, society or association described in section 996, who do not deal with each other at arm’s length, if the group would, if it were a person, be a person described in subparagraph i of paragraph b; and

(b)  the charitable foundation is not, at the particular time, and would not at the particular time be, if the foundation were a corporation, controlled, directly or indirectly in any manner whatever,

i.  by a person, other than the State, Her Majesty in right of Canada or Her Majesty in right of a province (other than Québec), a municipality, another registered charity that is not a private foundation, and any club, society or association described in section 996

(1)  who immediately after the particular time, has contributed to the foundation amounts that are, in total, greater than 50% of the capital of the foundation immediately after the particular time, and

(2)  who immediately after the person’s last contribution at or before the particular time, had contributed to the foundation amounts that were, in total, greater than 50% of the capital of the foundation immediately after the making of that last contribution, or

ii.  by a person, or by a group of persons that do not deal at arm’s length with each other, if the person or any member of the group does not deal at arm’s length with a person described in subparagraph i.

1986, c. 15, s. 155; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1997, c. 3, s. 48; 1998, c. 16, s. 216; 2000, c. 5, s. 293; 2001, c. 7, s. 169; 2009, c. 5, s. 403.

985.1.2. The organization to which paragraph g of section 985.1 refers is an organization, whether or not incorporated, that, at a particular time, meets the following conditions:

(a)  all its resources are devoted to charitable activities carried on by the organization itself;

(b)  no part of its income is payable to, or is otherwise available for, the personal benefit of any proprietor, member, shareholder, trustee or settlor of the organization;

(c)  more than 50% of its directors, trustees, officers or like officials deal at arm’s length with each other and with

i.  each of the other directors, trustees, officers and like officials of the organization,

ii.  each person described in subparagraph i or ii of paragraph d, and

iii.  each member of a group of persons, other than the State, Her Majesty in right of Canada or Her Majesty in right of a province (other than Québec), a municipality, another registered charity that is not a private foundation, and any club, society or association described in section 996, who do not deal with each other at arm’s length, if the group would, if it were a person, be a person described in subparagraph i of paragraph d; and

(d)  the organization is not, at the particular time, and would not at the particular time be, if the organization were a corporation, controlled, directly or indirectly in any manner whatever,

i.  by a person, other than the State, Her Majesty in right of Canada or Her Majesty in right of a province (other than Québec), a municipality, another registered charity that is not a private foundation, and any club, society or association described in section 996,

(1)  who immediately after the particular time, has contributed to the organization amounts that are, in total, greater than 50% of the capital of the organization immediately after the particular time, and

(2)  who immediately after the person’s last contribution at or before the particular time, had contributed to the organization amounts that were, in total, greater than 50% of the capital of the organization immediately after the making of that last contribution, or

ii.  by a person, or by a group of persons that do not deal at arm’s length with each other, if the person or any member of the group does not deal at arm’s length with a person described in subparagraph i.

1986, c. 15, s. 155; 1995, c. 49, s. 236; 1996, c. 39, s. 273; 1997, c. 3, s. 49; 2000, c. 5, s. 293; 2009, c. 5, s. 403.

985.2. A charitable organization is considered to be devoting its resources to charitable activities carried on by it to the extent that

(a)  it carries on a related business;

(b)  in any taxation year, it disburses not more than 50% of its income for that year to qualified donees;

(c)  it disburses part of its income to a registered charity that is deemed to be a charity associated with it under section 985.3; or

(d)  it pays to a qualified donee an amount that is not paid out of the income of the charitable organization.

1978, c. 26, s. 192; 1995, c. 49, s. 236; 1997, c. 14, s. 173; 2009, c. 5, s. 404.

985.2.1. For the purposes of paragraph b of sections 985.6 to 985.8 and section 985.21, the following are deemed to be neither an amount expended in a taxation year on charitable activities nor a gift made to a qualified donee:

(a)  a specified gift; and

(b)  an expenditure on political activities made by a charitable organization or a charitable foundation.

1986, c. 15, s. 156; 1987, c. 67, s. 177; 1995, c. 49, s. 236.

985.2.2. The Minister may, on application made to the Minister in prescribed form by a registered charity, specify an amount in respect of the charity for a taxation year and, for the purposes of paragraph b of each of sections 985.6 to 985.8, that amount is deemed to be an amount expended by the charity in the year on charitable activities carried on by it.

1986, c. 15, s. 156; 1995, c. 49, s. 236; 2001, c. 53, s. 212.

985.2.3. For the purposes of paragraph d of section 985.1, where a corporation or trust devotes substantially all of its resources to charitable purposes and part of its resources to political activities, it shall be considered to be constituted and operated for charitable purposes in respect of that part of its resources so devoted to political activities if

(a)  such political activities are ancillary and incidental to its charitable purposes; and

(b)  such political activities do not include the direct or indirect support of, or opposition to, any political party or candidate for public office.

1987, c. 67, s. 178; 1995, c. 49, s. 236; 1997, c. 3, s. 71.

985.2.4. For the purposes of paragraph g of section 985.1, where an organization devotes substantially all of its resources to charitable activities carried on by it and part of its resources to political activities, it is deemed to be devoting that part of its resources to charitable activities carried on by it if

(a)  such political activities are ancillary and incidental to its charitable activities, and

(b)  such political activities do not include the direct or indirect support of, or opposition to, any political party or candidate for public office.

1987, c. 67, s. 178; 1995, c. 49, s. 236.

985.3. If, following an application made to the Minister of National Revenue in accordance with subsection 7 of section 149.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the Minister of National Revenue designates in writing, after 19 December 2006, a registered charity as a charity associated with one or more particular registered charities, the charities to which the designation applies are deemed to be associated charities from the date specified in the designation, until such time as the designation is revoked by the Minister of National Revenue.

Chapter V.2 of Title II of Book I applies in relation to an application granted by the Minister of National Revenue or a revocation made under subsection 7 of section 149.1 of the Income Tax Act or in relation to an application granted by the Minister before 20 December 2006 or a revocation made under this section before that date, and, to that end, sections 21.4.6 and 21.4.7 must apply, with the necessary modifications, as if a revocation made by the Minister of National Revenue had been made by the registered charities to which that revocation applies.

1978, c. 26, s. 192; 1995, c. 49, s. 236; 2001, c. 53, s. 213; 2009, c. 5, s. 406.

985.4. On application made to him by a private foundation, the Minister may, on such terms and conditions as he determines, designate the foundation to be a public foundation, and on and after the date specified in such designation, the foundation shall, until such designation is revoked, be deemed to be a public foundation.

1978, c. 26, s. 192.

985.4.1. (Repealed).

1986, c. 15, s. 157; 1990, c. 59, s. 330.

985.4.2. (Repealed).

1986, c. 15, s. 157; 1990, c. 59, s. 330.

985.4.3. The Minister may, by notice sent by registered mail to a registered charity, on his own initiative or on application made to him in prescribed form, designate the charity to be a charitable organization, private foundation or public foundation.

1986, c. 15, s. 157; 1990, c. 59, s. 331; 1995, c. 49, s. 236; 1999, c. 83, s. 159.

DIVISION II REGISTRATION

1978, c. 26, s. 192.

985.5. (1)  On application made to the Minister in prescribed form, the Minister may approve for registration as a charitable organization, private foundation or public foundation a charitable foundation, private foundation or public foundation, as the case may be, that is resident in Canada and was either created or established in Canada.

(2)  The following are deemed to be a registered charity:

(a)  an organization, other than a charity referred to in paragraph b, that, on 31 December 1976, was a Canadian charitable organization prescribed within the meaning of the regulations made under section 710, as they read in their application to the taxation year 1976, and whose registration has not been revoked by the Minister;

(b)  a charity registered as a charitable organization, private foundation or public foundation, as the case may be, that is a charitable organization, private foundation or public foundation in conformity with the standards prescribed for such purpose.

1978, c. 26, s. 192; 1986, c. 15, s. 158; 1990, c. 59, s. 332; 1995, c. 49, s. 236; 1997, c. 3, s. 50; 2001, c. 53, s. 214.

985.5.1. (Repealed).

1986, c. 15, s. 158; 1990, c. 59, s. 333.

985.5.2. The charity referred to in section 985.4.3 is deemed to be registered as a charitable organization, private foundation or public foundation, as the case may be, for the taxation years beginning after the day of sending of the notice mentioned in that section until it is otherwise designated under that section, until its registration is revoked under sections 985.6 to 985.8.1 or sections 1063 to 1065.1 or, in the case of a charity that is deemed to be registered in accordance with subsection 2 of section 985.5, until it ceases to be so deemed to be registered.

Section 87 of the Act respecting the Ministère du Revenu (chapter M-31), with the necessary modifications, applies to the notice contemplated in the first paragraph.

1986, c. 15, s. 158; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 2003, c. 2, s. 261; 2009, c. 5, s. 407.

DIVISION III REVOCATION OF REGISTRATION

1978, c. 26, s. 192.

985.6. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration of a charitable organization if the organization

(a)  carries on a business that is not a related business;

(b)  fails to expend in any taxation year, on charitable activities carried on by it or by way of gifts made by it to qualified donees, amounts that are at least equal to the organization’s disbursement quota for the year; or

(c)  makes a payment in the form of a gift, other than

i.  a gift made in the course of its charitable activities, or

ii.  a gift made to a donee that is a qualified donee at the time the gift is made.

1978, c. 26, s. 192; 1986, c. 15, s. 159; 1995, c. 49, s. 222; 2005, c. 38, s. 217; 2009, c. 5, s. 408.

985.7. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration of a public foundation if the foundation

(a)  carries on a business that is not a related business;

(b)  fails to expend in any taxation year, on charitable activities carried on by it and by way of gifts made by it to qualified donees, amounts that are at least equal to its disbursement quota for that year;

(b.1)  makes a payment in the form of a gift, other than

i.  a gift made in the course of its charitable activities, or

ii.  a gift made to a donee that is a qualified donee at the time the gift is made;

(c)  has, since 1 June 1950, acquired control of any corporation; for such purpose, a corporation is controlled by a charitable foundation if more than 50% of its issued share capital having full voting rights under all circumstances belongs to the foundation or both the foundation and persons with whom the foundation does not deal at arm’s length; however, a charitable foundation is deemed not to have acquired control of a corporation if it has not purchased or otherwise acquired for a consideration more than 5% of the issued shares of any class of the capital stock of that corporation;

(d)  has, since 1 June 1950, incurred debts, other than debts for current operating expenses, debts incurred in connection with the purchase and sale of investments and debts incurred in the course of administering charitable activities; or

(e)  at any time within the 24 month period preceding the day on which notice is given to the public foundation by the Minister pursuant to section 1064 and at a time when the public foundation was a private foundation, failed to expend amounts or took any action such that the Minister was entitled, pursuant to section 985.8, to revoke its registration as a private foundation.

1978, c. 26, s. 192; 1986, c. 15, s. 160; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 2009, c. 5, s. 409.

985.8. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration of a private foundation in the case provided for in paragraph d of section 985.7 or if the foundation

(a)  carries on a business;

(b)  fails to expend in any taxation year, on charitable activities carried on by it and by way of gifts made by it to qualified donees, amounts that are at least equal to its disbursement quota for that year; or

(c)  makes a payment in the form of a gift, other than

i.  a gift made in the course of its charitable activities, or

ii.  a gift made to a donee that is a qualified donee at the time the gift is made.

For the purposes of the first paragraph, if, for a taxation year of a private foundation that begins after 18 March 2007, subsection 8 of section 149.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) applies to the foundation in respect of a class of shares of the capital stock of a corporation, the portion of that paragraph before subparagraph a is to be read as if “in paragraph d” was replaced by “in paragraph c or d”.

1978, c. 26, s. 192; 1986, c. 15, s. 161; 1995, c. 49, s. 236; 2009, c. 5, s. 410; 2009, c. 15, s. 179.

985.8.1. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration

(a)  of a registered charity, if the registered charity has made a gift to another registered charity and it can reasonably be considered that one of the main purposes of making the gift was to unduly delay the expenditure of amounts on charitable activities;

(b)  of the other charity referred to in paragraph a, if it can reasonably be considered that, by accepting the gift, it acted in concert with the charity to which paragraph a applies; and

(c)  of a registered charity, if a false statement, within the meaning assigned by the first paragraph of section 1049.0.3, was made in circumstances amounting to culpable conduct, within the meaning assigned by that first paragraph, in the furnishing of information for the purpose of obtaining registration of the charity.

1986, c. 15, s. 161; 1995, c. 49, s. 236; 2005, c. 38, s. 218.

DIVISION III.0.1 TEMPORARY SUSPENSION OF THE AUTHORITY TO ISSUE RECEIPTS

2005, c. 38, s. 219.

985.8.2. The Minister may give notice by registered mail to a registered charity that the authority of the charity to issue receipts in accordance with the regulations is suspended for one year from the eighth day after the notice is mailed if

(a)  the charity contravenes any of the provisions of Division V of Chapter III of the Act respecting the Ministère du Revenu (chapter M-31); or

(b)  it may reasonably be considered that the charity has acted, in concert with another charity that is the subject of a suspension under this section, to accept a gift or transfer of property on behalf of that other charity.

2005, c. 38, s. 219.

985.8.3. Subject to section 93.1.9.2 of the Act respecting the Ministère du Revenu (chapter M-31), the following rules apply if the Minister has issued a notice to a registered charity under section 985.8.2:

(a)  the charity is deemed, in respect of gifts made and property transferred to the charity within the one-year period that begins on the day that is seven days after the notice is mailed, not to be a donee described in paragraph a of section 710 or in the definition of “total charitable gifts” in the first paragraph of section 752.0.10.1, for the purposes of

i.  sections 710 and 752.0.10.1,

ii.  the definitions of “qualified donee” and “registered charity” in section 1, and

iii.  the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1); and

(b)  if the charity is, during that period, offered a gift from any person, the charity shall, before accepting the gift, inform that person that it has received the notice, that no deduction under section 710 or 752.0.10.6 may be claimed in respect of a gift made to it in the period, and that a gift made in the period is not a gift to a qualified donee.

2005, c. 38, s. 219; 2010, c. 5, s. 130.

985.8.4. If the authority to issue receipts is suspended for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) under subsection 2 of section 188.2 of that Act, the authority is deemed to be suspended for the purposes of this Act and the regulations, subject to a postponement of the period of suspension under subsection 4 of that section 188.2.

2005, c. 38, s. 219.

DIVISION III.0.2 REFUSAL OR ANNULMENT OF REGISTRATION

2005, c. 38, s. 219.

985.8.5. The Minister may refuse to register a person as a registered charity.

The Minister shall so notify the person by registered mail.

2005, c. 38, s. 219.

985.8.6. The Minister may annul the registration of a person as a registered charity if the registration was granted in error or the person has, solely as a result of a change in law, ceased to be a charity, and the registration is deemed never to have been granted.

The Minister shall so notify the person by registered mail.

2005, c. 38, s. 219.

985.8.7. A receipt issued in accordance with the regulations by a person before the annulment of the person’s registration under section 985.8.6 or subsection 23 of section 149.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is deemed to be a valid receipt if the receipt would have been valid had the person been a registered charity at the time the receipt was issued.

2005, c. 38, s. 219.

DIVISION III.1 DISBURSEMENT QUOTA

2000, c. 5, s. 231.

985.9. The amount referred to in paragraph a.1 of section 985.1 for a taxation year in respect of a registered charity is equal to the amount determined by the formula

A + B + C + D.

In the formula in the first paragraph,

(a)  A is 80% of the aggregate of all amounts each of which is the eligible amount of a gift, other than a gift referred to in section 985.9.1, for which the charity issued a receipt described in section 712 or 752.0.10.3 in its preceding taxation year;

(b)  B is the amount by which the amount determined in the third paragraph is exceeded by the aggregate of

i.  80% of the aggregate of all amounts each of which is the amount of an enduring property of the charity, other than such a property described in subparagraph ii or received by the charity as a specified gift, or a legacy or an inheritance received by the charity in a taxation year that included any time before 1 January 1994, to the extent that it is expended in the year, and

ii.  the aggregate of all amounts each of which is the fair market value, when transferred, of an enduring property, other than such a property that was received by the charity as a specified gift, transferred by the charity in the year by way of gift to a qualified donee;

(c)  C is

i.  in the case of a private foundation, the aggregate of all amounts each of which is an amount received by it in its preceding taxation year from a registered charity, other than an amount that is a specified gift or an enduring property, or

ii.  in the case of a charitable organization or a public foundation, 80% of the aggregate of all amounts each of which is an amount received by it in its preceding taxation year from a registered charity, other than an amount that is a specified gift or an enduring property; and

(d)  D is the amount determined by the formula

E × 0.035 [F − (G + H)] / 365.

The amount to which subparagraph b of the second paragraph refers is the amount, claimed by the charity, that may not exceed the lesser of

(a)  3.5% of the amount determined in subparagraph b of the fourth paragraph, and

(b)  the capital gains pool of the charity for the year.

In the formula in subparagraph d of the second paragraph,

(a)  E is the number of days in the taxation year;

(b)  F is

i.  the prescribed amount for the year, in respect of all or a portion of a property, other than a prescribed property, owned by the charity at any time in the 24 months immediately preceding the year that was not used directly in charitable activities or administration, if that amount is greater than $25,000, and

ii.  in any other case, nil;

(c)  G is the aggregate of the amount determined for the year in respect of the charity in accordance with subparagraph ii of subparagraph b of the second paragraph, and 5/4 of the aggregate of the amounts determined in accordance with subparagraph a of the second paragraph and subparagraph i of subparagraph b of the second paragraph; and

(d)  H is

i.  in the case of a private foundation, the amount determined for the year in accordance with subparagraph i of subparagraph c of the second paragraph in respect of the charity, or

ii.  in the case of a charitable organization or a public foundation, 5/4 of the amount determined for the year in accordance with subparagraph ii of subparagraph c of the second paragraph in respect of the charity.

1978, c. 26, s. 192; 1986, c. 15, s. 161; 1988, c. 18, s. 109; 1993, c. 64, s. 123; 1995, c. 49, s. 223; 1997, c. 14, s. 290; 2005, c. 38, s. 220; 2006, c. 13, s. 84.

985.9.1. The gifts to which subparagraph a of the second paragraph of section 985.9 refers are

(a)  a gift of an enduring property; and

(b)  a gift received by the charity from another registered charity.

1986, c. 15, s. 161; 1995, c. 49, s. 236; 2005, c. 38, s. 221; 2006, c. 13, s. 85.

985.9.1.1. For the purposes of subparagraph a of the second paragraph of section 985.9, where a receipt referred to in subsection 2 of section 110.1 or 118.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) has been issued in respect of an individual or a corporation in connection with a gift of a work of art made by the individual or corporation, as the case may be, and at any time the presumption set out in section 714.1 or 752.0.10.11.1 applies in respect of the individual or corporation, as the case may be, in connection with that gift, the reference to a receipt referred to in section 712 or 752.0.10.3 shall, in respect of the gift, be replaced by a reference to a receipt referred to in subsection 2 of section 110.1 or 118.1 of the Income Tax Act.

1995, c. 63, s. 110; 1997, c. 3, s. 71; 2005, c. 38, s. 222.

985.9.2. (Repealed).

1986, c. 15, s. 161; 1988, c. 18, s. 110; 1992, c. 1, s. 156; 1995, c. 49, s. 224; 2005, c. 38, s. 223.

985.9.3. (Repealed).

1986, c. 15, s. 161; 1992, c. 1, s. 157; 1995, c. 49, s. 236; 2005, c. 38, s. 223.

985.9.4. For the purposes of subparagraph i of subparagraph b of the fourth paragraph of section 985.9, the Minister may

(a)  authorize a change in the number of periods chosen by a charity in determining the prescribed amount; and

(b)  accept any method for the determination of the fair market value of property or a portion thereof that may be required in determining the prescribed amount.

1988, c. 18, s. 111; 1995, c. 49, s. 236; 2005, c. 38, s. 224.

985.10. (Repealed).

1978, c. 26, s. 192; 1986, c. 15, s. 162.

985.11. (Repealed).

1978, c. 26, s. 192; 1986, c. 15, s. 162.

985.12. (Repealed).

1978, c. 26, s. 192; 1986, c. 15, s. 162.

DIVISION IV RULES RELATING TO COMPUTATION OF INCOME

1978, c. 26, s. 192.

985.13. (Repealed).

1978, c. 26, s. 192; 1986, c. 15, s. 162.

985.14. For the purposes of this chapter, a charity must include, in computing its income for a taxation year, all gifts it has received in the year other than

(a)  a specified gift or a gift described in paragraph a or b of section 985.9.1;

(b)  any gift made to a religious order or to the body which administers the property of that religious order where the gift is made by a member of that order who has taken vows of perpetual poverty;

(c)  any gift or portion of a gift, other than that contemplated in paragraph b, made by a donor who is not a charity and in respect of which he has not deducted any amount under paragraph a or c of section 710 or paragraph b or d of the second paragraph of section 752.0.10.6, or was not liable for tax under sections 22 to 27 for the taxation year in which the gift was made; or

(d)  any gift or portion of a gift made by a donor that is a charity, if such gift was not made out of the income of the donor.

1978, c. 26, s. 192; 1986, c. 15, s. 163; 1993, c. 64, s. 124; 1995, c. 1, s. 108; 1995, c. 49, s. 236; 1999, c. 83, s. 160; 2001, c. 51, s. 83.

985.15. A registered charity may, with the approval of the Minister, accumulate property for a particular purpose, on such terms and conditions, and over such period of time, as specified in the approval; any property so accumulated, including any income related thereto, is deemed to have been expended on charitable activities carried on by the charity in the taxation year in which it was so accumulated and not to have been expended in any other taxation year.

1978, c. 26, s. 192; 1995, c. 49, s. 225.

985.16. Property accumulated by a registered charity in accordance with section 985.15, including any income related to the property, that is not used for the particular purpose provided for in section 985.15 before the expiration of the period specified in that section or at any earlier time at which a decision has been made in such respect by the charity, is deemed to be income of the charity and the eligible amount of a gift for which it issued a receipt referred to in section 712 or 752.0.10.3 in its taxation year in which such period expires or such decision is made.

1978, c. 26, s. 192; 1986, c. 15, s. 164; 1993, c. 64, s. 125; 1995, c. 49, s. 236; 1997, c. 14, s. 290; 2009, c. 5, s. 411.

985.17. For the purposes of this chapter, paragraphs a and b of section 657 are not applicable in computing the income of a charitable foundation that is a trust.

1978, c. 26, s. 192; 1995, c. 49, s. 236.

985.18. (Repealed).

1978, c. 26, s. 192; 1982, c. 5, s. 174; 1986, c. 15, s. 165.

DIVISION V RULES OF APPLICATION

1978, c. 26, s. 192.

985.19. (Repealed).

1978, c. 26, s. 192; 1982, c. 5, s. 175.

985.20. Where a registered charity has expended a disbursement excess for a taxation year, the charity may, for the purpose of determining whether it has complied with the requirements of paragraph b of section 985.6, 985.7 or 985.8, as the case may be, for the immediately preceding taxation year of the charity and 5 or less of its immediately subsequent taxation years, include in the computation of the amounts expended for charitable activities carried on by it and by way of gifts made by it to qualified donees, such portion of the disbursement excess for that taxation year as was not so included under this section for a previous taxation year.

1978, c. 26, s. 192; 1986, c. 15, s. 166; 1995, c. 49, s. 236.

985.21. For the purposes of section 985.20, “disbursement excess” of a charity for a taxation year means the amount by which the aggregate of the amounts expended in the year by the charity on charitable activities carried on by it or by way of gifts made by it to qualified donees exceeds its disbursement quota for the year.

1978, c. 26, s. 192; 1986, c. 15, s. 167; 1995, c. 49, s. 226; 2005, c. 38, s. 225.

DIVISION VI INFORMATION RETURNS

1978, c. 26, s. 192.

985.22. Every registered charity carrying on its activities in Québec shall, within six months from the end of each of its taxation years, file with the Minister an information return for the year, in prescribed form and containing prescribed information, without notice or demand therefor.

In addition, every private foundation that is a charity carrying on its activities in Québec shall enclose a copy of any document that it is required to file with the Minister of National Revenue for the year under subsection 14 of section 149.1 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), because of the application of section 149.2 of that Act, with the information return it is required to file with the Minister for a taxation year under the first paragraph.

1978, c. 26, s. 192; 1986, c. 15, s. 168; 1993, c. 16, s. 319; 1995, c. 49, s. 236; 2009, c. 5, s. 412; 2009, c. 15, s. 180.

DIVISION VII EXEMPTION FROM TAX

1978, c. 26, s. 192.

985.23. A registered charity is exempt from tax.

1978, c. 26, s. 192; 1995, c. 49, s. 236.

CHAPTER III.2 REGISTERED NATIONAL ARTS SERVICE ORGANIZATIONS

1993, c. 16, s. 320.

985.24. Subject to the Minister’s power to revoke any registration, every national arts service organization validly registered as such under subsection 6.4 of section 149.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) is deemed to be registered also as such with the Minister.

1993, c. 16, s. 320.

985.25. The following provisions apply, with the necessary modifications, to a registered national arts service organization as if it were a charity registered as a charitable organization:

(a)  sections 710 to 714, 716.0.2, 752.0.10.1 to 752.0.10.11 and 752.0.10.12 to 752.0.10.18, Divisions I and III to VI of Chapter III.1 and Title VIII of Book IX;

(b)  Division V of Chapter III and sections 93.1.9.1, 93.1.9.2, 93.1.10.1 and 93.1.17 to 93.1.22 of the Act respecting the Ministère du Revenu (chapter M-31).

1993, c. 16, s. 320; 1993, c. 64, s. 126; 1995, c. 49, s. 236; 1995, c. 63, s. 111; 1997, c. 14, s. 174; 1997, c. 85, s. 229; 1999, c. 83, s. 161; 2005, c. 38, s. 226.

985.26. This chapter does not apply to a recognized arts organization nor to a registered cultural or communications organization.

1993, c. 16, s. 320; 1995, c. 1, s. 199; 1997, c. 14, s. 290; 2006, c. 36, s. 95.

CHAPTER III.3

Repealed, 2006, c. 36, s. 96.

1997, c. 14, s. 175; 2006, c. 36, s. 96.

DIVISION I

Repealed, 2006, c. 36, s. 96.

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.27. (Repealed).

1997, c. 14, s. 175; 1999, c. 83, s. 162; 2003, c. 9, s. 161; 2005, c. 38, s. 227; 2006, c. 36, s. 96.

DIVISION II

Repealed, 2006, c. 36, s. 96.

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.28. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.29. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.30. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.31. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

DIVISION III

Repealed, 2006, c. 36, s. 96.

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.32. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

DIVISION IV

Repealed, 2006, c. 36, s. 96.

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.33. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.34. (Repealed).

1997, c. 14, s. 175; 2006, c. 36, s. 96.

985.35. (Repealed).

1997, c. 14, s. 175; 1997, c. 85, s. 230; 2005, c. 38, s. 228; 2006, c. 36, s. 96.

CHAPTER III.3.1 REGISTERED MUSEUMS

2006, c. 36, s. 97.

985.35.1. In this chapter,

“disbursement quota” of a registered museum for a taxation year means an amount equal to the amount determined for the year in accordance with sections 985.9 to 985.9.4 as if the registered museum were a charity registered as a charitable organization;

“qualified donee” means a donee who is

(a)  described in any of subparagraphs iii.3, v and ix of paragraph a or in subparagraph i of paragraph d of section 710;

(b)  a national arts service organization validly registered as such under subsection 6.4 of section 149.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(c)  a municipal or public body performing a function of government in Canada;

(d)  a certified archival centre; or

(e)  a registered museum established for purposes similar to those for which the registered museum making the gift was established;

“taxation year” means, in the case of a registered museum, a fiscal period.

2006, c. 36, s. 97.

985.35.2. On application made to the Minister in prescribed form, the Minister may register an organization as a museum, if the Minister is of the opinion that the organization meets the following conditions:

(a)  it is a museum recognized by the Minister of Culture and Communications and whose recognition is in force; and

(b)  it is neither a registered charity nor a registered cultural or communications organization.

2006, c. 36, s. 97.

985.35.3. A registered museum is required to expend, in a taxation year, on museum activities carried on by it or by way of gifts made to a qualified donee, an amount that is at least equal to its disbursement quota for the year.

2006, c. 36, s. 97.

985.35.4. On application made to the Minister in prescribed form by a registered museum, the Minister may specify an amount in respect of the museum for a taxation year and, for the purposes of section 985.35.3, that amount is deemed to be an amount expended by the museum in the year on museum activities carried on by it.

2006, c. 36, s. 97.

985.35.5. If a registered museum has expended a disbursement excess for a particular taxation year, the museum may, for the purpose of determining whether it complies with the requirement of section 985.35.3 for the preceding taxation year or any of the five subsequent taxation years, include in computing the amounts expended on museum activities carried on by it or by way of gifts made to a qualified donee, the portion of the disbursement excess for the particular year that was not so included under this section for a preceding taxation year.

The disbursement excess referred to in the first paragraph is the amount by which the aggregate of all amounts expended in the particular year by the registered museum on museum activities carried on by it or by way of gifts made to a qualified donee exceeds its disbursement quota for that year.

2006, c. 36, s. 97.

985.35.6. A registered museum may, with the Minister’s approval in writing, accumulate property for a particular purpose, on such terms and conditions, and over such period of time, as specified in the approval.

Property accumulated in accordance with the first paragraph, including the income related to that property, is deemed to have been expended on museum activities carried on by the registered museum in the taxation year in which the property was so accumulated and not to have been expended in another taxation year.

However, if property accumulated by a registered museum in accordance with the first paragraph, including the income related to that property, is not used for the particular purpose referred to in that paragraph before the expiration of the period referred to in that paragraph or at an earlier time at which the museum decided not to use the property for that purpose, it is deemed to be the eligible amount of a gift for which the museum issued a receipt described in section 712 or 752.0.10.3 in its taxation year in which that period expired or that decision was made.

2006, c. 36, s. 97; 2009, c. 5, s. 413.

985.35.7. Every registered museum shall, within six months after the end of each of its taxation years, file with the Minister an information return for the year, in prescribed form and containing the prescribed information, without notice or demand.

2006, c. 36, s. 97.

985.35.8. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration of a museum if the museum

(a)  fails to comply with the requirement of section 985.35.3 for a taxation year;

(b)  ceases to meet the conditions set out in paragraphs a and b of section 985.35.2; or

(c)  makes a payment in the form of a gift, other than a gift made in the course of museum activities carried on by it, to a donee that is not a qualified donee at the time the gift is made.

2006, c. 36, s. 97.

985.35.9. If a registered museum makes a gift to another registered museum and it may reasonably be considered that one of the main purposes of making the gift is to unduly delay the obligation to expend amounts on museum activities, the Minister may, in the manner described in sections 1064 and 1065, revoke the registration of the museum that is making the gift and, if it may reasonably be considered that the museums are acting in concert, may, in the same manner, also revoke the registration of the other museum.

2006, c. 36, s. 97.

985.35.10. Sections 985.8.2 to 985.8.4 and 1063 to 1065, and Division V of Chapter III and sections 93.1.9.1, 93.1.9.2, 93.1.10.1 and 93.1.17 to 93.1.22 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications, to a registered museum as if it were a registered charity.

2006, c. 36, s. 97.

CHAPTER III.3.2 REGISTERED CULTURAL OR COMMUNICATIONS ORGANIZATIONS

2006, c. 36, s. 97.

985.35.11. In this chapter,

“disbursement quota” of a registered cultural or communications organization for a taxation year means an amount equal to the amount determined for the year in accordance with sections 985.9 to 985.9.4 as if the registered cultural or communications organization were a charity registered as a charitable organization;

“qualified donee” means a donee who is

(a)  described in any of subparagraphs iii.2, v and ix of paragraph a or in subparagraph i of paragraph d of section 710;

(b)  a national arts service organization validly registered as such under subsection 6.4 of section 149.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement);

(c)  a municipal or public body performing a function of government in Canada;

(d)  a certified archival centre; or

(e)  a registered cultural or communications organization established for purposes similar to those for which the registered cultural or communications organization making the gift was established;

“taxation year” means, in the case of a registered cultural or communications organization, a fiscal period.

2006, c. 36, s. 97.

985.35.12. On application made to the Minister in prescribed form, the Minister may register an organization as a cultural or communications organization, if the Minister is of the opinion that the organization meets the following conditions:

(a)  it is recommended by the Minister of Culture and Communications to be registered as such;

(b)  it is a person described in section 996; and

(c)  it is not a registered charity.

An arts organization whose recognition as a recognized arts organization is in force on 29 June 2006, is deemed to be registered as a cultural or communications organization in accordance with the first paragraph.

2006, c. 36, s. 97.

985.35.13. A registered cultural or communications organization is required to expend, in a taxation year, on artistic, cultural or communications activities carried on by it or by way of gifts made to a qualified donee, an amount that is at least equal to its disbursement quota for the year.

2006, c. 36, s. 97.

985.35.14. On application made to the Minister in prescribed form by a registered cultural or communications organization, the Minister may specify an amount in respect of the organization for a taxation year and, for the purposes of section 985.35.13, that amount is deemed to be an amount expended by the organization in the year on artistic, cultural or communications activities carried on by it.

2006, c. 36, s. 97.

985.35.15. If a registered cultural or communications organization has expended a disbursement excess for a particular taxation year, the organization may, for the purpose of determining whether it complies with the requirement of section 985.35.13 for the preceding taxation year or any of the five subsequent taxation years, include in computing the amounts expended on artistic, cultural or communications activities carried on by it or by way of gifts made to a qualified donee, the portion of the disbursement excess for the particular year that was not so included under this section for a preceding taxation year.

The disbursement excess referred to in the first paragraph is the amount by which the aggregate of all amounts expended in the particular year by the registered cultural or communications organization on artistic, cultural or communications activities carried on by it or by way of gifts made to a qualified donee exceeds its disbursement quota for that year.

2006, c. 36, s. 97.

985.35.16. A registered cultural or communications organization may, with the Minister’s approval in writing, accumulate property for a particular purpose, on such terms and conditions, and over such period of time, as specified in the approval.

Property accumulated in accordance with the first paragraph, including the income related to that property, is deemed to have been expended on artistic, cultural or communications activities carried on by the registered cultural or communications organization in the taxation year in which the property was so accumulated and not to have been expended in another taxation year.

However, if property accumulated by a registered cultural or communications organization in accordance with the first paragraph, including the income related to that property, is not used for the particular purpose referred to in that paragraph before the expiration of the period referred to in that paragraph or at an earlier time at which the organization decided not to use the property for that purpose, it is deemed to be the eligible amount of a gift for which the organization issued a receipt described in section 712 or 752.0.10.3 in its taxation year in which that period expired or that decision was made.

2006, c. 36, s. 97; 2009, c. 5, s. 414.

985.35.17. Every registered cultural or communications organization shall, within six months after the end of each of its taxation years, file with the Minister an information return for the year, in prescribed form and containing the prescribed information, without notice or demand.

2006, c. 36, s. 97.

985.35.18. The Minister may, in the manner described in sections 1064 and 1065, revoke the registration of a cultural or communications organization if the organization

(a)  fails to comply with the requirement of section 985.35.13 for a taxation year;

(b)  ceases to meet the conditions set out in subparagraphs a to c of the first paragraph of section 985.35.12; or

(c)  makes a payment in the form of a gift, other than a gift made in the course of artistic, cultural or communications activities carried on by it, to a donee that is not a qualified donee at the time the gift is made.

2006, c. 36, s. 97.

985.35.19. If a registered cultural or communications organization makes a gift to another registered cultural or communications organization and it may reasonably be considered that one of the main purposes of making the gift is to unduly delay the obligation to expend amounts on artistic, cultural or communications activities, the Minister may, in the manner described in sections 1064 and 1065, revoke the registration of the cultural or communications organization that is making the gift and, if it may reasonably be considered that the organizations are acting in concert, may, in the same manner, also revoke the registration of the other cultural or communications organization.

2006, c. 36, s. 97.

985.35.20. Sections 985.8.2 to 985.8.4 and 1063 to 1065, and Division V of Chapter III and sections 93.1.9.1, 93.1.9.2, 93.1.10.1 and 93.1.17 to 93.1.22 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications, to a registered cultural or communications organization as if it were a registered charity.

2006, c. 36, s. 97.

CHAPTER III.4 POLITICAL EDUCATION ORGANIZATIONS

2004, c. 21, s. 243.

985.36. In this chapter,

“disbursement quota” of a recognized political education organization for a taxation year means an amount equal to the amount determined for the year in accordance with sections 985.9 to 985.9.4 as if the recognized political education organization were a charity registered as a charitable organization;

“qualified donee” means a donee that is a recognized political education organization constituted for purposes similar to those for which the recognized political education organization making the gift was constituted;

“recognized political education organization” means a non-profit organization recognized by the Minister, on the recommendation of the Minister for the Reform of Democratic Institutions, as having the mission to promote Québec sovereignty or Canadian unity through educational means and whose recognition is in force, other than a registered charity or a political party or an authority of such a party;

“taxation year” means, in the case of a recognized political education organization, a fiscal period.

The recognition granted by the Minister to an organization for the purposes of the definition of “recognized political education organization” in the first paragraph takes effect from the latest of

(a)  19 December 2002;

(b)  1 January of the year in which the recognition is granted; and

(c)  the date on which the organization was constituted.

2004, c. 21, s. 243; 2005, c. 38, s. 229; 2006, c. 36, s. 98.

985.37. A recognized political education organization is required to expend, in any taxation year, on educational activities promoting Québec sovereignty or Canadian unity carried on by it or by way of gifts made by it to qualified donees, amounts that are at least equal to its disbursement quota for the year.

2004, c. 21, s. 243.

985.38. The Minister may, on application made to the Minister in prescribed form by a recognized political education organization, specify an amount in respect of the organization for a taxation year and, for the purposes of section 985.37, that amount is deemed to be an amount expended by the organization in the year on educational activities promoting Québec sovereignty or Canadian unity carried on by it.

2004, c. 21, s. 243.

985.39. Where a recognized political education organization has expended a disbursement excess for a particular taxation year, the organization may, for the purpose of determining whether it complies with the requirement of section 985.37 for its preceding taxation year or any of its five subsequent taxation years, include in the computation of the amounts expended on educational activities promoting Québec sovereignty or Canadian unity carried on by it or by way of gifts made by it to qualified donees, such portion of the disbursement excess for the particular year as was not so included under this section for any preceding taxation year.

The disbursement excess referred to in the first paragraph means the amount by which the aggregate of all amounts expended in the particular year by the recognized political education organization on educational activities promoting Québec sovereignty or Canadian unity carried on by it or by way of gifts made to qualified donees exceeds its disbursement quota for that year.

2004, c. 21, s. 243.

985.40. A recognized political education organization may, with the approval in writing of the Minister, accumulate property for a particular purpose, on such terms and conditions, and over such period of time, as specified in the approval.

Property accumulated in accordance with the first paragraph, including any income related thereto, is deemed to have been expended on educational activities promoting Québec sovereignty or Canadian unity carried on by the recognized political education organization in the taxation year in which the property was so accumulated and not to have been expended in any other taxation year.

However, where property accumulated by a recognized political education organization in accordance with the first paragraph, including any income related thereto, is not used for the particular purpose provided for in that paragraph either before the expiration of the period referred to in that paragraph or at an earlier time at which the organization decides not to use the property for that purpose, it is deemed to be the eligible amount of a gift for which the organization issued a receipt described in section 712 or 752.0.10.3 in its taxation year in which such period expires or such decision is made, as the case may be.

2004, c. 21, s. 243; 2009, c. 5, s. 415.

985.41. Every recognized political education organization shall, within six months from the end of each of its taxation years, file with the Minister an information return for the year, in prescribed form and containing the prescribed information, without notice or demand therefor.

2004, c. 21, s. 243.

985.42. The Minister may, in the manner described in sections 1064 and 1065, revoke the recognition of a recognized political education organization if the organization

(a)  fails to comply with the requirement of section 985.37 for a taxation year; or

(b)  makes a payment in the form of a gift to a donee that is not a qualified donee at the time the gift is made.

2004, c. 21, s. 243; 2009, c. 5, s. 416.

985.43. Where a recognized political education organization has made a gift to another recognized political education organization and it may reasonably be considered that one of the main purposes of making the gift was to unduly delay the performance of the obligation to expend amounts on educational activities promoting Québec sovereignty or Canadian unity, the Minister may, in the manner described in sections 1064 and 1065, revoke the recognition of the recognized political education organization that made the gift and, where it may reasonably be considered that the organizations acted in concert, of the other recognized political education organization.

2004, c. 21, s. 243.

985.44. Sections 985.8.2 to 985.8.4 and 1063 to 1065, and Division V of Chapter III and sections 93.1.9.1, 93.1.9.2, 93.1.10.1 and 93.1.17 to 93.1.22 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications, to a recognized political education organization as if it were a registered charity.

2004, c. 21, s. 243; 2005, c. 38, s. 230.

CHAPTER IV OTHER ORGANIZATIONS

1972, c. 23; 1978, c. 26, s. 193.

986. (1)  No organization or person contemplated in this chapter shall claim the tax exemption provided therein if part of its or his income is payable to any proprietor, member or shareholder thereof, or is otherwise made available for the personal benefit of any proprietor, member or shareholder.

(2)  For the purposes of subsection 1, the income of an organization is deemed to be the amount thereof determined on the assumption that the amount of any taxable capital gain or allowable capital loss is nil.

(3)  Subsection 1 does not apply to a club, society or association referred to in section 996 if the proprietor, member or shareholder referred to in the said subsection is a club, society or association referred to in the said section having as its primary purpose and primary function, the promotion of amateur athletics in Canada.

1972, c. 23, s. 718; 1975, c. 22, s. 230; 1978, c. 26, s. 194; 1994, c. 22, s. 309; 1997, c. 3, s. 71.

987. (Repealed).

1972, c. 23, s. 719; 1978, c. 26, s. 195.

988. (Repealed).

1972, c. 23, s. 720; 1973, c. 17, s. 112; 1975, c. 22, s. 231; 1978, c. 26, s. 196.

989. (Repealed).

1972, c. 23, s. 721; 1978, c. 26, s. 197.

990. (Repealed).

1972, c. 23, s. 722; 1973, c. 17, s. 113; 1974, c. 18, s. 31; 1975, c. 22, s. 232; 1978, c. 26, s. 198.

991. A corporation that was constituted exclusively for the purpose of carrying on or promoting scientific research and experimental development is exempt from tax if it has not acquired control of any other corporation, if it does not carry on any business and if at least 90% of the amount by which the corporation’s gross revenue for the period referred to in section 980 exceeds the aggregate of all amounts paid in the period by the corporation because of subsection 7.1 of section 149 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) or section 991.2 is expended in Canada

(a)  as an expenditure on scientific research and experimental development, within the meaning of section 230, but excluding an expenditure referred to in subparagraph d of the first paragraph of section 230.0.0.2, directly undertaken by or on behalf of the corporation, or

(b)  as a payment to any of the entities described in paragraphs a and b of subsection 1 of section 222, to be used for scientific research and experimental development.

For the purposes of subsection 1 of section 986 and of this section, such corporation shall include in computing its income and in determining its gross revenue all amounts contributed to the corporation to be used for scientific research and experimental development and the amount of all gifts made to it.

1972, c. 23, s. 723; 1987, c. 67, s. 179; 1990, c. 59, s. 334; 1997, c. 3, s. 71; 1997, c. 31, s. 91.

991.1. A corporation that is exempt from tax under this Part for a taxation year because of section 991 shall file with the Minister, on or before its filing-due date for the year, the prescribed form containing the prescribed information.

1997, c. 31, s. 92.

991.2. Where a corporation fails to file the prescribed form as required by section 991.1 for a taxation year, it incurs a penalty equal to the amount determined by the formula

A × B.

For the purposes of the formula in the first paragraph,

(a)  A is the greater of $250 and 0.75% of the corporation’s taxable income for the year;

(b)  B is the lesser of 12 and the number of months in whole or in part that are in the period that begins on the day on or before which the prescribed form is required to be filed and ends on the day it is filed.

1997, c. 31, s. 92.

992. In determining the gross revenue of a corporation for the purpose of determining whether the corporation is described by section 991 for a taxation year, there may be deducted an amount not exceeding its gross revenue for the year computed before applying this section, and there shall be included any amount that has been deducted under this section for the preceding taxation year.

1972, c. 23, s. 724; 1978, c. 26, s. 199; 1982, c. 5, s. 176; 1997, c. 3, s. 71; 1997, c. 31, s. 93.

993. (Repealed).

1972, c. 23, s. 725; 1978, c. 26, s. 200; 1982, c. 5, s. 177.

994. For the purposes of section 991, a corporation is deemed to be controlled by another corporation, if more than 50 per cent of its issued capital stock having full voting rights is owned by such other corporation or at once by such other corporation and by persons with whom such other corporation does not deal at arm’s length; however, such corporation is not deemed to have acquired control of a corporation if it has not purchased or otherwise acquired subject to payment any share in the capital stock of such corporation.

1972, c. 23, s. 726; 1978, c. 26, s. 201; 1997, c. 3, s. 71.

995. The following are exempt from tax:

(a)  an agricultural organization or a board of trade;

(b)  a corporation constituted exclusively for the purpose of providing low-cost housing accommodation for the aged.

1972, c. 23, s. 727; 1997, c. 3, s. 71.

996. A club, society or association, established and operated exclusively for non-profit purposes, that, in the Minister’s opinion, is not a charity, is exempt from tax.

1972, c. 23, s. 728; 1978, c. 26, s. 202; 1995, c. 49, s. 236; 1997, c. 3, s. 71.

997. Where the main object of a club, society or association contemplated in section 996 is to provide dining, recreational or sporting facilities for its members, an inter vivos trust is deemed, after 31 December 1971, to have been created and the following rules apply:

(a)  its property is deemed to be the property of the trust;

(b)  if it is a corporation, it is deemed to be the trustee having control of the trust property;

(c)  if it is not a corporation, its officers are deemed to be the trustees having control of the trust property;

(d)  the trust shall pay the tax under this Part on its taxable income for each taxation year;

(e)  the income and the taxable income of the trust are computed for each taxation year on the assumption that it had no income or losses other than income and losses from property and taxable capital gains and allowable capital losses from disposition of property other than property used exclusively and directly for the main objects of the club, society or association;

(f)  an additional amount of $2,000 may be deducted in computing its taxable income for each taxation year but no deduction is permitted under sections 738 to 749;

(g)  the provisions of Title XII of Book III, except sections 646 and 647, do not apply to such trust.

1972, c. 23, s. 729; 1977, c. 26, s. 106; 1986, c. 15, s. 169; 1986, c. 19, s. 182; 1989, c. 5, s. 195; 1997, c. 3, s. 51.

997.1. Every person who is exempt from tax under this Part because of paragraph a of section 995 or section 996 shall, within six months after the end of each fiscal period of the person and without notice or demand therefor, file with the Minister an information return for the period in prescribed form and containing prescribed information, if

(a)  the aggregate of all amounts each of which is a taxable dividend or an amount received or receivable by the person as, on account of, in lieu of or in satisfaction of, interest, rentals or royalties in the period exceeds $10,000;

(b)  at the end of the person’s preceding fiscal period the total assets of the person, determined in accordance with generally accepted accounting principles, exceeded $200,000; or

(c)  an information return was required to be filed under this section by the person for a preceding fiscal period.

1994, c. 22, s. 310.

CHAPTER V MISCELLANEOUS CASES

1972, c. 23.

998. The following are exempt from tax:

(a)  an association of employees within the meaning of the Labour Code (chapter C-27) or a benevolent or fraternal benefit society or order;

(b)  a mutual insurance corporation receiving its premiums wholly from the insurance of churches, schools or charitable organizations;

(b.1)  (paragraph repealed);

(c)  a limited-dividend housing company within the meaning of section 2 of the National Housing Act (R.S.C. 1985, c. N-11) all or substantially all of the business of which is the construction, holding or management of low-rental housing projects;

(c.1)  a corporation accepted, under paragraph o.1 of subsection 1 of section 149 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) by the Minister of Revenue of Canada as a funding medium for the purposes of the registration of a plan as a registered pension plan, and incorporated and operated throughout the period referred to in section 980

i.  solely for the administration of that registered pension plan, or

ii.  for the administration of that registered pension plan and for no other purpose other than acting as trustee of, or administering, a trust governed by a retirement compensation arrangement, where the terms of the arrangement provide for benefits only in respect of individuals who are provided with benefits under the registered pension plan;

(c.2)  a corporation all of the shares, and rights to acquire shares, of the capital stock of which were owned by one or more registered pension plans, by one or more trusts all the beneficiaries of which are registered pension plans, by one or more segregated fund trusts, within the meaning of subparagraph k of the first paragraph of section 835, all the beneficiaries of which are registered pension plans or by one or more prescribed persons, or, in the case of a corporation without share capital, all the property of which was held exclusively for the benefit of one or more such plans and, in either case, without interruption from the later of the date on which the corporation was incorporated and 16 November 1978, and which is a corporation that

i.  was incorporated before 17 November 1978 solely for the administration of a registered pension plan or in connection with that plan, or

ii.  has, without interruption since the later of the date on which it was incorporated and 16 November 1978,

(1)  limited its activities to acquiring, holding, maintaining, improving, leasing or managing capital property that is immovable property or an interest therein owned by the corporation, a registered pension plan or another corporation described in this paragraph, other than a corporation without share capital, and investing its funds in a partnership that limits its activities to acquiring, holding, maintaining, improving, leasing or managing capital property that is immovable property or an interest therein owned by the partnership,

(2)  borrowed money solely for the purpose of earning income from immovable property or an interest therein, and

(3)  made no investments other than investments in immovable property or in an interest in such property or that is a qualified investment of a pension plan under the Pension Benefits Standards Act, 1985 (R.S.C. 1985, c. 32 (2nd Suppl.)) or a similar law of a province,

iii.  has made no investments other than investments that a registered retirement plan is permitted to make under the Pension Benefits Standards Act, 1985 or a similar law of a province, and whose assets where at least 98% cash and investments, that has not issued debt obligations or accepted deposits, and has derived at least 98% of its income for the period referred to in section 980 that is a taxation year of the corporation from, or from the disposition of, investments, or

iv.  throughout the period contemplated in section 980, has limited its activities to acquiring Canadian resource properties by purchase or by incurring Canadian exploration expenses or Canadian development expenses, or holding, exploring, developing, maintaining, improving, managing, operating or disposing of its Canadian resource properties, borrowed money solely for the purpose of earning income from Canadian resource properties and made no investments other than in Canadian resource properties, in property to be used in connection with Canadian resource properties acquired by purchase or by incurring Canadian exploration expenses or Canadian development expenses, in loans secured by Canadian resource properties for the purpose of acquiring, holding, exploring, developing, maintaining, improving, managing, operating or disposing of a Canadian resource property or in investments that a pension plan is permitted to make under the Pension Benefits Standards Act, 1985 or of a similar law of a province;

(c.3)  a corporation that is a small business investment corporation within the meaning of the regulations;

(c.4)  a trust that is a master trust within the meaning of the regulations and that elects to be such a trust under this paragraph in its fiscal return for its first taxation year ending in the period referred to in section 980;

(d)  a trust established under a registered pension plan;

(e)  a trust established under a profit sharing plan to the extent provided in Title I of Book VII;

(f)  a trust established under a deferred profit sharing plan to the extent provided in Title II of Book VII;

(f.1)  an RCA trust, within the meaning of subparagraph c of the first paragraph of section 890.1;

(g)  a trust established under a registered education savings plan, to the extent provided in Title III of Book VII;

(g.1)  a trust established under a registered disability savings plan, to the extent provided in Title III.1 of Book VII;

(h)  a trust established under a registered retirement savings plan to the extent provided in Title IV of Book VII;

(h.1)  a trust established under a tax-free savings account, to the extent provided in Title IV.3 of Book VII;

(i)  (paragraph repealed);

(i.1)  a trust established under a registered retirement income fund to the extent provided in Title V.1 of Book VII;

(j)  a trust established under a registered supplementary unemployment benefit plan to the extent provided by sections 962 to 965;

(j.1)  a trust governed by an eligible funeral arrangement;

(j.2)  a cemetery care trust;

(k)  an insurer that, throughout the period referred to in section 980, is not engaged in any business other than insurance if, in the opinion of the Minister, on the advice of the Superintendent of Financial Institutions for Canada or, where the insurer is incorporated under the laws of a province, of the superintendent of insurance of that province or the Autorité des marchés financiers, at least 20% of the total of the gross premium income earned in the period by the insurer and, where the insurer is not a prescribed insurer, by all other persons described in section 999.0.3 is in respect of insurance of property used in farming or fishing or residences of farmers or fishermen;

(l)  a trust established in accordance with a law of Canada or of a province in order to provide funds out of which to compensate persons for claims against the owner of a business contemplated in the relevant law, where that owner is unwilling or unable to compensate his customers or clients, if no part of the property of the trust, after payment of its proper expenses, is available to persons other than clients or customers of such business and as such;

(m)  a trust established pursuant to a collective agreement between an employer or an employers’ association and employees or an association of employees for the sole purpose of providing for the payment of holiday or vacation pay, if the aggregate of the property of the trust, after payment of its reasonable expenses, is not paid after 11 December 1979 or is not available after 1980 except to a person referred to in paragraph a, to a person as a consequence of his employment, or to an legatee by particular title or legal representative of the latter person;

(n)  an amateur athlete trust;

(o)  an environmental trust;

(p)  a trust

i.  that was created because of a requirement imposed by section 56 of the Environment Quality Act (chapter Q-2),

ii.  that is resident in Canada, and

iii.  in which the only persons that are beneficially interested are

(1)  the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec, or

(2)  a municipality, within the meaning of section 1 of that Act, that is exempt under this Book from tax under this Part on all of its taxable income; or

(q)  a trust

i.  that was created because of a requirement imposed by subsection 1 of section 9 of the Nuclear Fuel Waste Act (S.C. 2002, c. 23),

ii.  that is resident in Canada, and

iii.  in which the only persons that are beneficially interested are

(1)  the State, Her Majesty in right of Canada or Her Majesty in right of a province, other than Québec,

(2)  a nuclear energy corporation, within the meaning of section 2 of that Act, all of the shares of the capital stock of which are owned by one or more persons described in subparagraph 1,

(3)  the waste management organization established under section 6 of that Act if all of the shares of its capital stock are owned by one or more nuclear energy corporations described in subparagraph 2, or

(4)  Atomic Energy of Canada Limited, being the company incorporated or acquired under subsection 2 of section 10 of the Atomic Energy Control Act (R.S.C. 1970, c. A-19).

1972, c. 23, s. 730; 1974, c. 18, s. 32; 1975, c. 21, s. 25; 1977, c. 26, s. 107; 1979, c. 18, s. 69; 1980, c. 13, s. 101; 1982, c. 5, s. 178; 1982, c. 52, s. 202; 1984, c. 15, s. 229; 1985, c. 25, s. 144; 1987, c. 67, s. 180; 1988, c. 18, s. 112; 1989, c. 77, s. 96; 1990, c. 59, s. 335; 1991, c. 25, s. 163; 1993, c. 16, s. 321; 1994, c. 22, s. 311; 1995, c. 49, s. 236; 1995, c. 63, s. 112; 1996, c. 39, s. 249; 1997, c. 3, s. 52; 1997, c. 14, s. 176; 1998, c. 16, s. 217; 2000, c. 5, s. 232; 2002, c. 45, s. 520; 2004, c. 8, s. 176; 2004, c. 37, s. 90; 2005, c. 23, s. 136; 2009, c. 5, s. 418; 2009, c. 15, s. 181; 2010, c. 25, s. 107.

998.1. For the purposes of paragraph c.2 of section 998, where it must be determined if a corporation is a corporation all of the shares, and rights to acquire shares, of the capital stock of which were owned by one or more registered pension plans, where there has been a merger, within the meaning of section 544, of corporations, section 549 applies and the shares of the predecessor corporations are deemed to have been altered, in form only, and to be shares of the new corporation.

1980, c. 13, s. 102; 1991, c. 25, s. 164; 1997, c. 3, s. 71.

999. There is no tax exemption for the income from a life insurance business carried on by a benevolent or fraternal benefit society; such income is however computed as if such society has no other income or loss than from that source.

The income referred to in the first paragraph includes income from the sale of property used or held by the benevolent or fraternal benefit society in the year in the course of carrying on a life insurance business.

1972, c. 23, s. 731; 1990, c. 59, s. 336; 1997, c. 3, s. 53.

999.0.1. Subject to section 999.0.2, section 980 applies in respect of an insurer described in paragraph k of section 998 only to the part of its taxable income for a taxation year determined by the formula

(A × B × C) / D.

In the formula provided for in the first paragraph,

(a)  A is the taxable income of the insurer for the year;

(b)  B is

i.  1/2, where less than 25% of the total of the gross premium income earned for the year by the insurer and, where the insurer is not a prescribed insurer for the purposes of paragraph k of section 998, by all other persons described in section 999.0.3 is in respect of insurance referred to in that paragraph k, or

ii.  1 in any other case;

(c)  C is the part of the gross premium income earned by the insurer for the year that, in the opinion of the Minister, on the advice of the Superintendent of Financial Institutions for Canada or, where the insurer is incorporated under the laws of a province, of the superintendent of insurance of that province or the Autorité des marchés financiers, is in respect of insurance referred to in paragraph k of section 998; and

(d)  D is the gross premium income earned by the insurer for the year.

1990, c. 59, s. 337; 1993, c. 16, s. 322; 1998, c. 16, s. 218; 2002, c. 45, s. 520; 2004, c. 37, s. 90.

999.0.2. Section 999.0.1 does not apply in respect of an insurer described in paragraph k of section 998 in respect of the insurer’s taxable income for a taxation year where more than 90% of the total of the gross premium income earned in the year by the insurer and, where the insurer is not a prescribed insurer, any other person described in section 999.0.3 was in respect of insurance referred to in the said paragraph k.

1990, c. 59, s. 337; 1993, c. 16, s. 323.

999.0.3. The persons referred to in paragraph k of section 998 or in section 999.0.1 or 999.0.2 are insurance corporations that are specified shareholders of the insurer described in that paragraph k or that section 999.0.1 or 999.0.2, as the case may be, or are related to the insurer, or, where the insurer is a mutual corporation, that are part of a group that controls, directly or indirectly in any manner whatever, or are so controlled by, the insurer.

1990, c. 59, s. 337; 1993, c. 16, s. 323; 1997, c. 3, s. 71; 1998, c. 16, s. 219.

999.0.4. For the purposes of paragraph k of section 998 and sections 999.0.1 and 999.0.2, the gross premium income earned in a taxation year by an insurer or a person described in section 999.0.3 shall be established on the basis of the amount net of reinsurance ceded.

1990, c. 59, s. 337; 1993, c. 16, s. 323.

999.0.5. For the purposes of this Part, in computing the taxable income of an insurer for a particular taxation year, the insurer is deemed to have deducted in each of the taxation years preceding the particular taxation year and in respect of which paragraph k of section 998 applied to the insurer, the greater of the amount it claimed or deducted under paragraph a of section 130, the second paragraph of section 152, section 832, paragraphs a, a.1 and d of section 840 and paragraphs a and b of section 841, and the greatest amount that could have been claimed or deducted under those provisions to the extent that the total thereof does not exceed the amount that would be its taxable income for that preceding year if no amount had been claimed or deducted under those provisions.

1993, c. 16, s. 324.

999.1. Where, at any time, in this section referred to as “that time”, a corporation becomes or ceases to be exempt from tax under this Part on its taxable income, otherwise than by reason of paragraph k of section 998, the following rules apply:

(a)  if subsection 10 of section 149 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) does not apply to the corporation in respect of that time, the taxation year of the corporation that would otherwise include that time is deemed to end immediately before that time and a new taxation year of the corporation is deemed to begin at that time and to end at the time at which the corporation’s taxation year (determined for the purposes of the Income Tax Act) that includes that time, ends;

(a.0.1)  (paragraph repealed);

(a.1)  for the purpose of computing the corporation’s income for its first taxation year ending after that time, the corporation is deemed to have deducted under Chapter III of Title III of Book III and Chapters II and III of Title V of Book VI in computing its income for its taxation year ending immediately before that time, the greatest amount that could have been claimed or deducted for that year as a reserve under those provisions;

(b)  the corporation is deemed to dispose, at the time, in this section referred to as the “disposition time”, that is immediately before the time that is immediately before that time, of each property that was owned by it immediately before that time for an amount equal to its fair market value at that time, and to reacquire the property at that time at a cost equal to that fair market value;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(e)  for the purposes of sections 222 to 230.0.0.6, 330, 359 to 418.36, 419 to 419.4, 419.6, 600.1, 600.2, 727 to 737 and 772.2 to 772.13, the corporation is deemed to be a new corporation the first taxation year of which began at that time; and

(f)  where, immediately before the disposition time, the corporation’s eligible incorporeal capital amount in respect of a business exceeds the aggregate of 75% of the fair market value of the incorporeal capital property in respect of that business and the amount otherwise deducted under paragraph b of section 130 in computing the corporation’s income from that business for the taxation year that ended immediately before that time, the excess shall be deducted under that paragraph b in computing the corporation’s income from that business for that taxation year.

1984, c. 15, s. 230; 1986, c. 19, s. 183; 1989, c. 77, s. 97; 1990, c. 59, s. 338; 1994, c. 22, s. 312; 1995, c. 49, s. 227; 1997, c. 3, s. 71; 2000, c. 5, s. 233; 2005, c. 1, s. 207; 2009, c. 5, s. 419.

BOOK IX RETURNS, ASSESSMENTS AND PAYMENTS

1972, c. 23; 1977, c. 26, s. 108; 1977, c. 26, s. 120; 1997, c. 85, s. 231.

TITLE I RETURNS

1972, c. 23.

1000. (1)  A fiscal return containing the prescribed information shall be filed with the Minister in prescribed form, without notice or demand therefor, for each taxation year in the case of a corporation, other than a corporation described in section 1003.1, and in the case of an individual, for each taxation year

(a)  for which tax under this Part is payable or would be payable had the individual not deducted an amount in relation to a preceding taxation year and referred to in any of sections 727 to 737;

(b)  in respect of which section 42.8 applies to the individual and in which the individual performed employment duties for a regulated establishment within the meaning of section 42.6;

(c)  in which the individual has a taxable capital gain or disposes of capital property, where the individual is resident in Canada at any time in the year;

(d)  in which the individual has a taxable capital gain (otherwise than from an excluded disposition within the meaning of section 1003.2) or disposes of a taxable Québec property (otherwise than in such an excluded disposition), where the individual is not resident in Canada throughout the year; or

(e)  at the end of which the individual’s specified balance, as defined in the first paragraph of section 935.1 or 935.12, is a positive amount.

(2)  Such return must be filed by the following persons and within the following delays:

(a)  in the case of a corporation, by or on behalf of the corporation within six months from the end of its taxation year;

(b)  (paragraph repealed);

(c)  in the case of a person who dies before the day following the day that would otherwise be the person’s filing-due date, by the person’s legal representatives on or before the person’s filing-due date or within six months after the day of death;

(d)  in the case of a succession or a trust, by the liquidator of the succession, the executor or the trustee, within 90 days after the end of its taxation year;

(e)  in the case of any other person, by that person, on or before

i.  30 April of the following calendar year,

ii.  15 June of the following calendar year if the person is an individual who carried on a business in the taxation year, unless the expenditures made in the course of carrying on the business were primarily the cost or capital cost of a tax shelter within the meaning assigned by section 851.38, or if at any time in the taxation year the person is the spouse of such an individual and the person and the individual are not living apart at that time, or

iii.  where at any time in the taxation year the person was the spouse of an individual to whom paragraph c applies and the person and the individual were not living apart at that time, within the time specified in paragraph c; and

(f)  in a case where no return has been filed under paragraphs a to e, by such person as is required by notice in writing from the Minister to file the return, within such reasonable time as the notice specifies.

(3)  For the purposes of paragraph e of subsection 2, two persons shall be considered to be living apart at any time if they were living apart at that time, because of a breakdown of their marriage, and the separation lasted for a period of at least 90 days.

1972, c. 23, s. 732; 1972, c. 26, s. 68; 1975, c. 22, s. 233; 1986, c. 15, s. 170; 1987, c. 67, s. 181; 1993, c. 16, s. 325; 1993, c. 64, s. 127; 1994, c. 22, s. 313; 1995, c. 1, s. 109; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 1997, c. 14, s. 177; 1997, c. 31, s. 94; 1997, c. 85, s. 232; 1998, c. 16, s. 251; 2001, c. 7, s. 138; 2001, c. 53, s. 215; 2006, c. 13, s. 86; 2009, c. 15, s. 182.

1000.1. An individual who, for a taxation year, is referred to in paragraph b of subsection 1 of section 1000 shall file with the Minister, with the fiscal return the individual is required to file for the year under that section, the prescribed form containing the prescribed information.

1997, c. 85, s. 233.

1000.2. Where a taxpayer has deducted, in respect of a property in Class 12 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), because of subparagraph t of the first paragraph of that class or of the second or fourth paragraph of that class, an amount in computing the taxpayer’s income under paragraph a of section 130 or the second paragraph of section 130.1 for a taxation year ending before all the conditions applicable to the property and mentioned in that subparagraph t or that second or fourth paragraph of that class, as the case may be, have been met, and, in a subsequent taxation year, an event occurs that results in any of those conditions not being able to be met, the taxpayer shall, on or before the taxpayer’s filing-due date for that subsequent taxation year, file with the Minister for any taxation year that precedes the subsequent taxation year and for which the taxpayer’s fiscal return was filed by the taxpayer under section 1000, and for which tax consequences under this Part arise from the fact that the property cannot be included in that class, an amended fiscal return in which those tax consequences must be taken into account.

1999, c. 83, s. 163; 2004, c. 21, s. 244.

1000.3. Where a partnership has deducted, in respect of a property in Class 12 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), because of subparagraph t of the first paragraph of that class or of the second or fourth paragraph of that class, an amount in computing its income under paragraph a of section 130 or the second paragraph of section 130.1 for a particular fiscal period ending before all the conditions applicable to the property and mentioned in that subparagraph t or that second or fourth paragraph of that class, as the case may be, have been met, and, in a subsequent fiscal period, an event occurs that results in any of those conditions not being able to be met, each taxpayer who was a member of the partnership at the end of the particular fiscal period shall, on or before the taxpayer’s filing-due date for the taxpayer’s taxation year in which that subsequent fiscal period ends or would have ended had the taxpayer been a member of the partnership at the end of that subsequent fiscal period, file with the Minister for any taxation year that precedes that taxation year and for which the taxpayer’s fiscal return was filed by the taxpayer under section 1000, and for which tax consequences under this Part arise from the fact that the property cannot be included in that class, an amended fiscal return in which those tax consequences must be taken into account.

1999, c. 83, s. 163; 2004, c. 21, s. 245.

1001. Every person, whether or not the person is liable to pay tax and whether or not a fiscal return has been filed, shall, on demand from the Minister, sent by registered mail or served personally, file with the Minister in prescribed form and containing the prescribed information a fiscal return for the taxation year and within such time as may be designated in the demand.

1972, c. 23, s. 733; 1973, c. 17, s. 114; 1973, c. 18, s. 27; 1975, c. 83, s. 84; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 234.

1002. Every trustee in bankruptcy, assignee, liquidator, curator, receiver, agent or other person, including the public curator, administering, managing, winding-up or controlling in any manner the property, business, succession or income of a person who has not filed a fiscal return for a taxation year as required by this Title shall file such return for that year.

1972, c. 23, s. 734; 1975, c. 22, s. 234; 1998, c. 16, s. 251; 2000, c. 5, s. 235.

1003. Where section 217.9.1 or 217.17 applies in computing an individual’s income for a taxation year from a business, or where an individual who carries on a business in a taxation year dies in the year and after the end of a fiscal period of the business that ends in the year, another fiscal period of the business, in this section referred to as the “short period”, ends in the year because of the individual’s death, and the individual’s legal representative elects that this section apply, the following rules apply:

(a)  the individual’s income from businesses for short periods, if any, shall not be included in computing the individual’s income for the year; and

(b)  the individual’s legal representative shall file a separate fiscal return for the year under this Part in respect of the individual as if the return were filed in respect of another person and shall pay the tax payable under this Part by that other person for the year computed as if

i.  the other person’s only income for the year were the amount determined by the formula

A + B − C, and

ii.  subject to sections 693.1, 752.0.26 and 776.1.5.0.19, that other person were entitled to the deductions to which the individual is entitled under sections 725 to 725.7, 752.0.0.1 to 752.0.13.3, 752.0.14 to 752.0.18.15, 776.1.5.0.17 and 776.1.5.0.18 for the year in computing the individual’s taxable income or tax payable under this Part, as the case may be, for the year.

In the formula provided for in subparagraph i of subparagraph b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the individual’s income from a business for a short period;

(b)  B is the aggregate of all amounts each of which is an amount deducted under section 217.17 in computing the individual’s income for the taxation year in which the individual dies; and

(c)  C is the aggregate of all amounts each of which is an amount included under section 217.9.1 in computing the individual’s income for the taxation year in which the individual dies.

1972, c. 23, s. 735; 1986, c. 19, s. 184; 1989, c. 5, s. 196; 1993, c. 64, s. 128; 1994, c. 22, s. 314; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 273; 2000, c. 5, s. 236; 2001, c. 53, s. 216; 2005, c. 1, s. 208; 2006, c. 36, s. 99.

1003.1. The corporation to which subsection 1 of section 1000 refers for a taxation year is

(a)  a corporation that is a registered charity throughout the year; or

(b)  a corporation referred to in the first paragraph of section 27 each taxable Québec property of which that is disposed of in the year is disposed of in an excluded disposition, within the meaning of section 1003.2.

2009, c. 15, s. 183.

1003.2. For the purposes of paragraph d of subsection 1 of section 1000 and paragraph b of section 1003.1, a disposition of a property by a taxpayer at any time in a taxation year is an excluded disposition if

(a)  the taxpayer is not resident in Canada at that time;

(b)  no tax is payable under this Part by the taxpayer for the taxation year;

(c)  the taxpayer is, at that time, not liable to pay an amount under this Act in respect of a previous taxation year (other than an amount for which the Minister has accepted, and holds, adequate security under Chapter IV.1 of Title III of this Part or under Title III of Part II); and

(d)  each taxable Québec property disposed of by the taxpayer in the taxation year is

i.  excluded property within the meaning of section 1102.4, or

ii.  a property in respect of the disposition of which the Minister has issued to the taxpayer a certificate under any of sections 1098, 1100 and 1102.1.

2009, c. 15, s. 183.

1004. Every person required by this Title to file a fiscal return shall in the fiscal return estimate the amount of tax payable.

1972, c. 23, s. 736; 1986, c. 19, s. 185; 1998, c. 16, s. 220; 2000, c. 5, s. 237.

TITLE II ASSESSMENT

1972, c. 23.

1005. The Minister shall, with dispatch, examine a taxpayer’s fiscal return sent to him for a taxation year and assess, on the one hand, his tax payable for the year and the interest and penalties, if any, which are exigible and, on the other hand, any amount deemed to have been paid under Chapter III.1 of Title III as partial payment of his tax payable for the year pursuant to this Part.

1972, c. 23, s. 737; 1991, c. 8, s. 71; 1992, c. 1, s. 158; 1993, c. 64, s. 129; 1997, c. 85, s. 234; 2000, c. 39, s. 118; 2001, c. 7, s. 139.

1006. Where the Minister determines the amount of a taxpayer’s non-capital loss, net capital loss, restricted farm loss, farm loss or limited partnership loss for a taxation year and the taxpayer did not report that amount as such loss in his fiscal return for that year in accordance with section 1000, he shall, at the request of the taxpayer, determine, with all due dispatch, the amount of such loss, and shall send a notice of determination to the person by whom the return was filed.

Such determination is binding on both the Minister and the taxpayer for the purposes of calculating the taxable income of the taxpayer in any other year, subject to the taxpayer’s rights of objection and appeal in respect of the determination and subject to any redetermination by the Minister.

1977, c. 26, s. 109; 1978, c. 26, s. 203; 1985, c. 25, s. 145; 1986, c. 19, s. 186; 1988, c. 4, s. 118; 1997, c. 3, s. 71.

1006.1. Where, by reason of section 1079.10, the Minister ascertains the tax consequences to a taxpayer with respect to a transaction, he shall, in the case of a determination pursuant to section 1079.16, or he may, in any other case, determine any amount that is relevant for the purposes of computing the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or amount refundable to, the taxpayer. Where such a determination is made, the Minister shall send, with all due dispatch, a notice of determination to the taxpayer.

The determination is binding on both the Minister and the taxpayer for the purposes of computing the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or amount refundable to, the taxpayer for any taxation year, subject to the taxpayer’s rights of objection and appeal in respect of the determination or subject to any redetermination by the Minister.

Notwithstanding the first paragraph, no determination may be made by the Minister solely for the purposes of computing the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or amount refundable to, the taxpayer for a preceding taxation year.

1990, c. 59, s. 339.

1007. Paragraph f of section 312, paragraph e of section 336, the provisions of this Book and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31), as they relate to an assessment or reassessment and to a determination or redetermination of tax, apply, with the necessary modifications, to a determination or redetermination of an amount under this Book.

However, sections 1005 and 1008 do not apply to determinations made under sections 1006 and 1006.1, and an original determination of a taxpayer’s loss referred to in section 1006 for a taxation year may be made by the Minister only at the request of the taxpayer.

1977, c. 26, s. 109; 1978, c. 26, s. 204; 1990, c. 59, s. 340; 1995, c. 63, s. 261; 1997, c. 85, s. 235; 1998, c. 16, s. 251.

1007.1. The Minister may, within the time specified in the second paragraph, determine any income or loss of a partnership for a fiscal period of the partnership and any deduction or other amount, or any other matter, in respect of the partnership for the period that is relevant in determining the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or any amount refundable to or deemed to have been paid or to have been an overpayment by, any member of the partnership for any taxation year under this Part.

The Minister may make a determination under the first paragraph within three years after the day that is the later of

(a)  the day on or before which a member of a partnership is required under section 1086R78 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) to file an information return for the fiscal period; and

(b)  the day on which the information return referred to in subparagraph a is filed.

2000, c. 5, s. 238; 2009, c. 15, s. 184.

1007.2. Where a determination is made by the Minister under section 1007.1 in respect of a partnership for a fiscal period, the Minister shall send a notice of the determination to the partnership and to each person who was a member of the partnership during the fiscal period.

2000, c. 5, s. 238.

1007.3. No determination made by the Minister under section 1007.1 in respect of a partnership for a fiscal period is invalid solely because one or more persons who were members of the partnership during the fiscal period did not receive a notice of the determination.

2000, c. 5, s. 238.

1007.4. Where the Minister makes a determination under section 1007.1 or a redetermination in respect of a partnership, the following rules apply:

(a)  subject to the rights of objection and appeal of the member of the partnership referred to in section 93.1.1.1 of the Act respecting the Ministère du Revenu (chapter M-31) in respect of the determination or redetermination, as the case may be, the determination or redetermination is binding on the Minister and each member of the partnership for the purpose of calculating the income, taxable income or taxable income earned in Canada of, tax or other amount payable by, or any amount refundable to or deemed to have been paid or to have been an overpayment by, the members for any taxation year under this Part; and

(b)  notwithstanding section 1007 and sections 1010 to 1011, the Minister may, before the end of the day that is one year after the day on which all rights of objection and appeal expire or are determined in respect of the determination or redetermination, assess the tax, interest, penalties or other amounts payable and determine an amount deemed to have been paid or to have been an overpayment under this Part in respect of any member of the partnership and any other taxpayer for any taxation year as may be necessary to give effect to the determination or redetermination or a final judgment of the Court of Québec, the Court of Appeal or the Supreme Court of Canada.

2000, c. 5, s. 238.

1007.5. Where, as a result of representations made to the Minister that a person was a member of a partnership for a fiscal period of the partnership, a determination is made under section 1007.1 in respect of the fiscal period and the Minister or, as part of a final judgment, the Court of Québec, the Court of Appeal or the Supreme Court of Canada concludes at a subsequent time that the partnership did not exist for the fiscal period or that, throughout the fiscal period, the person was not a member of the partnership, the Minister may, notwithstanding sections 1007 and 1010 to 1011, within one year after that subsequent time, assess the tax, interest, penalties or other amounts payable, or determine an amount deemed to have been paid or to have been an overpayment under this Part, by any taxpayer for any taxation year, but only to the extent that the assessment or determination can reasonably be regarded

(a)  as relating to any matter that was relevant in the making of the determination made under section 1007.1;

(b)  as resulting from the conclusion that the partnership did not exist for the fiscal period; or

(c)  as resulting from the conclusion that the person was, throughout the fiscal period, not a member of the partnership.

2000, c. 5, s. 238.

1008. After examination of a fiscal return, the Minister shall send a notice of assessment to the person by whom the fiscal return was filed.

1972, c. 23, s. 738; 2000, c. 5, s. 239.

1009. Liability for the tax is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.

1972, c. 23, s. 739.

1010. (1)  The Minister may at any time assess tax, interest and penalties under this Part, or notify in writing any taxpayer by whom a fiscal return has been filed for a taxation year that no tax is payable for that taxation year.

(2)  The Minister may also again assess the tax, interest and penalties under this Part and reassess or make an additional assessment, as the case may be,

(a)  within three years after the day of sending of an original assessment or of a notification that no tax is payable for a taxation year or the day on which a fiscal return for the taxation year is filed, whichever is later;

(a.0.1)  within four years after the day contemplated in paragraph a if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian controlled private corporation;

(a.1)  within six years after the day contemplated in paragraph a or, in the case of a taxpayer referred to in paragraph a.0.1, within seven years after that day, where

i.  a reassessment of the taxpayer’s tax by the Minister is required in accordance with section 1012 or would have been required if the taxpayer had claimed an amount in the prescribed time limit pursuant to the said section 1012;

ii.  as a consequence of another taxpayer’s tax reassessment pursuant to this paragraph or section 1012, there is reason to reassess the taxpayer’s tax for any relevant taxation year;

iii.  a reassessment of the taxpayer’s tax would be made by the Minister, but for the expiration of the time limit prescribed in paragraph a, as a consequence of an additional payment of any income or profits tax to, or a reimbursement of any such tax by, the government of a foreign country or a political subdivision of a foreign country;

iv.  a reassessment of the taxpayer’s tax is required to be made as a consequence of a reduction under section 359.15 of an amount purported to be renounced by the corporation under any of the sections referred to in that section,

v.  a reassessment of the taxpayer’s tax is required to be made in order to give effect to the application of sections 752.0.10.10.1 and 752.0.10.18;

vi.  a reassessment of the taxpayer’s tax is required to be made as a consequence of a transaction involving the taxpayer and a person not resident in Canada with whom the taxpayer was not dealing at arm’s length; or

vii.  a reassessment of the taxpayer’s tax is required to be made, if the taxpayer is not resident in Canada and carries on a business in Canada, as a consequence of an allocation by the taxpayer of revenues or expenses as amounts in respect of the Canadian business, other than revenues or expenses that relate solely to the Canadian business, that are recorded in the books of account of the Canadian business, and the documentation in support of which is kept in Canada, or a notional transaction between the taxpayer and its Canadian banking business, where the transaction is recognized for the purposes of the computation of an amount under this Act or an applicable tax treaty; and

(b)  at any time, if the taxpayer or the person who filed the return

i.  has made a misrepresentation that is attributable to neglect or wilful default or has committed any fraud in filing the return or in supplying any information provided for in this Part; or

ii.  has filed with the Minister a waiver in the prescribed form.

(3)  However, the Minister may, under paragraph a.1 of subsection 2, reassess or make an additional assessment beyond the periods contemplated in paragraph a or a.0.1 of subsection 2 only to the extent that the reassessment or additional assessment may be reasonably regarded as related to the tax reassessment contemplated in the said paragraph a.1.

1972, c. 23, s. 740; 1982, c. 5, s. 179; 1985, c. 25, s. 146; 1986, c. 15, s. 171; 1990, c. 7, s. 144; 1990, c. 59, s. 341; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 86, s. 1; 2000, c. 5, s. 240; 2001, c. 7, s. 140; 2004, c. 4, s. 9; 2004, c. 8, s. 177; 2005, c. 23, s. 137.

1010.0.0.1. Notwithstanding the expiration of the time limits provided for in section 1010, where a taxpayer has deducted, or is a member of a partnership that has deducted, in respect of a property in Class 12 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1) because of subparagraph t of the first paragraph of that class or of the second or fourth paragraph of that class, an amount in computing the taxpayer’s income under paragraph a of section 130 or the second paragraph of section 130.1 for a taxation year or a fiscal period, as the case may be, ending before all the conditions applicable to the property and mentioned in that subparagraph t or that second or fourth paragraph of that class, as the case may be, have been met, and, in a subsequent taxation year or fiscal period, an event occurs that results in any of those conditions not being able to be met, the following rules apply:

(a)  the Minister may, at any time, but for the amended fiscal return that the taxpayer is required to file under section 1000.2 or 1000.3, redetermine the tax, interest and penalties payable under this Part by the taxpayer for any taxation year for which tax consequences under this Part arise from the fact that the property cannot be so included in that class; and

(b)  the Minister may also redetermine the tax, interest and penalties payable under this Part and make a reassessment or an additional assessment, as the case may be,

i.  within three years after the later of the day of sending, pursuant to subparagraph a, of a notice of assessment for a taxation year or of a notification that no tax is payable for a taxation year and the day on which an amended fiscal return for the taxation year is filed pursuant to section 1000.2 or 1000.3, or

ii.  within four years after the day referred to in subparagraph i if, at the end of the taxation year concerned, the taxpayer is a mutual fund trust or a corporation other than a Canadian-controlled private corporation.

However, the Minister may, in respect of a taxation year for which tax consequences under this Part arise from the fact that the property cannot be so included in a class, make an assessment, a reassessment or an additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 of section 1010 only to the extent that the assessment, reassessment or additional assessment may reasonably be considered to relate to a tax consequence referred to in section 1000.2 or 1000.3.

1999, c. 83, s. 164; 2004, c. 4, s. 10; 2004, c. 21, s. 246.

1010.0.1. Notwithstanding the expiry of the time limits provided for in section 1010, where a reassessment must be made for a particular taxation year, the Minister may redetermine the tax, interest and penalties and make a reassessment for a subsequent taxation year, but only for the purpose of making an adjustment consequential upon the reassessment in respect of the particular taxation year.

Such a reassessment may or, where the taxpayer so requests in writing, shall be made on or before the day that is either one year after the day on which all rights of objection to the reassessment in respect of the particular taxation year expire or one year after the day a decision relating to the particular year is rendered following an objection, an appeal or a summary appeal.

1994, c. 22, s. 315; 1996, c. 31, s. 2; 1997, c. 85, s. 236; 2000, c. 39, s. 119.

1010.0.2. Notwithstanding the expiration of the time limits provided for in section 1010, where a taxpayer is the subject of an assessment or reassessment made under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the Minister may, within one year after the date of that assessment, redetermine the tax, interest and penalties payable by the taxpayer and make a reassessment for the sole purpose of taking into account elements that may be considered to relate to that assessment or reassessment.

1997, c. 86, s. 2; 1999, c. 83, s. 165.

1010.0.3. Notwithstanding the expiration of the time limits provided for in section 1010, where a taxpayer is the subject of an assessment or reassessment by a province other than Québec under an Act that is similar to this Act, the Minister may, within one year after the date of that assessment, redetermine the tax, interest and penalties payable by the taxpayer and make a reassessment for the sole purpose of taking into account elements that may be considered to relate to that assessment or reassessment.

1999, c. 83, s. 166.

1010.0.4. Despite the expiration of the time limits provided for in section 1010, if section 766.2 or 1029.8.50 applied in respect of an individual for a particular taxation year, in relation to an eligible taxation year of the individual, the Minister may redetermine the tax, interest and penalties payable by the individual for the particular taxation year or the amount deemed to have been paid under section 1029.8.50 on account of the individual’s tax payable for that particular year, as the case may be, and make a reassessment for that particular year for the sole purpose of taking into account elements that may be considered to relate to an assessment, reassessment or notification that no tax is payable in relation to that eligible taxation year.

2005, c. 38, s. 231.

1010.1. Where the Minister would, but for this section, be entitled by virtue only of the filing of a waiver contemplated in subparagraph ii of paragraph b of subsection 2 of section 1010, to assess tax, interest or penalties under this Part, and to make a reassessment or additional assessment, as the case may be, he may not make such reassessment, additional assessment or assessment after the day that is six months after the date on which a notice of revocation of the waiver in prescribed form and in duplicate, addressed to the Deputy Minister, is filed by registered mail.

1986, c. 15, s. 172; 1997, c. 3, s. 54; 1999, c. 83, s. 273; 2005, c. 23, s. 138.

1011. For the purposes of paragraph b of subsection 2 of section 1010, the Minister shall not, in computing the income of a taxpayer upon a reassessment or additional assessment made after the expiry of the time limits provided for in paragraphs a to a.1 of that subsection 2, include any amount other than an amount

(a)  that can reasonably be regarded as having been the subject of a waiver referred to in subparagraph ii of paragraph b of subsection 2 of section 1010, unless the taxpayer establishes otherwise, or

(b)  in respect of which the failure to include it in computing income resulted from misrepresentation attributable to negligence or wilful default or from fraud, on the part of the taxpayer, in filing the fiscal return or in supplying information under this Part, unless the taxpayer establishes otherwise.

1972, c. 23, s. 741; 1982, c. 5, s. 180; 1996, c. 31, s. 3; 2000, c. 5, s. 241.

1012. If a taxpayer has filed for a taxation year the fiscal return required by section 1000 and an amount referred to in section 1012.1 is subsequently included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III, as the case may be, by or on behalf of the taxpayer for the taxation year by filing with the Minister, on or before the taxpayer’s filing-due date for the subsequent taxation year in respect of that amount, a prescribed form amending the fiscal return for the taxation year, the Minister shall, for any relevant taxation year, other than a taxation year preceding the taxation year, determine the amount deemed to be paid by the taxpayer or redetermine the taxpayer’s tax or the amount deemed to be paid by the taxpayer, as the case may be, to take into account the amount so included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid.

1972, c. 23, s. 742; 1982, c. 5, s. 181; 1985, c. 25, s. 147; 1989, c. 5, s. 197; 1997, c. 31, s. 95; 2004, c. 21, s. 247; 2009, c. 15, s. 185.

1012.1. For the purposes of section 1012, the amount that may be included in computing the taxpayer’s taxable income, claimed as a deduction or deemed to be paid under Chapter III.1 of Title III by or on behalf of the taxpayer for a taxation year is the amount that the taxpayer may include, deduct or be deemed to have paid, as the case may be, for that taxation year under or because of

(a)  subparagraph iii of paragraph c of section 28 following the application, by reason of the taxpayer’s death occurring during a subsequent taxation year, of section 452 in respect of a deductible capital loss for the taxation year;

(b)  sections 265 to 269 in respect of a loss on precious property for a subsequent taxation year;

(b.1)  paragraph h of section 312 in respect of a grant referred to therein;

(b.1.0.1)  section 336.6 in respect of the unused portion of the total investment expense, within the meaning of section 336.5, for a subsequent taxation year;

(b.1.1)  paragraph b of section 339 in respect of a premium, within the meaning of paragraph e of section 905.1, paid in a subsequent taxation year under a registered retirement savings plan where the premium is deductible by reason of section 923.5;

(b.2)  (paragraph repealed);

(c)  sections 752.0.10.1 to 752.0.10.14 in respect of a gift made during a subsequent taxation year;

(d)  sections 727 to 737 in respect of a loss for a subsequent taxation year;

(d.1)  sections 772.2 to 772.9.1 and 772.10 to 772.13 in respect of the unused portion of the foreign tax credit, within the meaning of section 772.2, or sections 772.9.2 to 772.9.4 in respect of foreign taxes paid, for a subsequent taxation year;

(d.1.0.0.1)  section 776.1.9 in respect of the unused portion of the tax credit, within the meaning of section 776.1.7, for a subsequent taxation year;

(d.1.0.1)  section 785.2.4 as a result of a disposition in a subsequent taxation year;

(d.1.0.2)  the second paragraph of section 915.2, section 924.2, the second paragraph of section 961.17.1 or 961.21.0.1, in respect of a registered retirement savings plan or a registered retirement income fund, with the understanding that an amount claimed as a deduction includes, for the purposes of this section, a reduction of an amount otherwise required to be included in computing a taxpayer’s income under the second paragraph of section 915.2 or 961.17.1, as the case may be;

(d.1.1)  section 965.0.3 because of the application of section 965.0.4.1 as a consequence of the taxpayer’s death in the subsequent taxation year;

(d.1.1.1)  section 1029.8.36.166.47 in respect of the unused portion of the tax credit, within the meaning of the first paragraph of section 1029.8.36.166.40, for a subsequent taxation year;

(d.1.2)  section 1029.8.36.171.2 in respect of the unused portion of the refundable tax credit, within the meaning of section 1029.8.36.167, for a subsequent taxation year;

(d.2)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  subparagraph a or b of the first paragraph of section 1054 as a consequence of an election or specification, referred to in that subparagraph, made by the taxpayer’s legal representative for a subsequent taxation year.

1985, c. 25, s. 147; 1986, c. 15, s. 173; 1987, c. 67, s. 182; 1988, c. 4, s. 119; 1989, c. 5, s. 198; 1990, c. 59, s. 342; 1991, c. 8, s. 72; 1991, c. 25, s. 165; 1993, c. 16, s. 326; 1993, c. 64, s. 130; 1995, c. 63, s. 113; 2000, c. 5, s. 242; 2004, c. 8, s. 178; 2004, c. 21, s. 248; 2005, c. 23, s. 139; 2005, c. 38, s. 232; 2007, c. 12, s. 99; 2009, c. 5, s. 420; 2009, c. 15, s. 186; 2010, c. 5, s. 131.

1012.2. Where a taxpayer has filed for a particular taxation year the fiscal return required by section 1000 and the amount included in computing the taxpayer’s income for the particular taxation year under section 580 is subsequently reduced because of a reduction described in the second paragraph, the Minister shall, if the taxpayer files with the Minister, on or before the filing-due date for the taxpayer’s subsequent taxation year in respect of the reduction, a request in prescribed form to amend the fiscal return for the particular taxation year, reassess the taxpayer’s tax for any relevant taxation year other than a taxation year preceding the particular taxation year in order to take into account the reduction in the amount included in computing the income of the taxpayer for the particular taxation year under section 580.

The reduction to which the first paragraph refers is the reduction in the foreign accrual property income of a foreign affiliate of the taxpayer, within the meaning of section 579, for a taxation year of the foreign affiliate that ends in the particular taxation year and is

(a)  attributable to the amount, determined under the regulations made under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), that is the deductible loss of the foreign affiliate for the taxation year that it sustained in a subsequent taxation year that ended in a subsequent taxation year of the taxpayer; and

(b)  included in the value of F of the formula provided for in the definition of “foreign accrual property income” in subsection 1 of section 95 of the Income Tax Act in relation to the foreign affiliate for the taxation year.

2004, c. 8, s. 179.

1012.3. The Minister shall reassess a taxpayer’s tax for a particular taxation year, in order to take into account the application of paragraph d of the definition of “excluded property” in the first paragraph of section 851.22.1 or the application of section 851.22.23.6, in respect of property held by the taxpayer, if

(a)  the taxpayer has filed for the particular taxation year the fiscal return required by section 1000; and

(b)  the taxpayer files with the Minister a prescribed form amending the fiscal return, on or before the filing-due date for the taxpayer’s taxation year that

i.  if the filing is in respect of paragraph d of the definition of “excluded property” in the first paragraph of section 851.22.1, includes the acquisition of control time referred to in that paragraph, and

ii.  if the filing is in respect of section 851.22.23.6, follows the particular taxation year.

2010, c. 25, s. 111.

1013. (Repealed).

1972, c. 23, s. 743; 1991, c. 67, s. 552.

1014. An assessment shall, subject to being varied or vacated on an objection, appeal or summary appeal and subject to a reassessment, be deemed to be valid and binding notwithstanding any error, defect or omission in the assessment or in any proceeding relating thereto.

However, where a court vacates an assessment on the ground that it has been issued beyond the period during which the Minister may reassess or make an additional assessment under paragraph a, a.0.1 or a.1 of subsection 2 of section 1010, as the case may be, the assessment replaced by the assessment so vacated remains valid and binding, but any time prescribed by a fiscal law and applicable in regard thereto begins to run from the date of the judgment vacating the last assessment.

1972, c. 23, s. 744; 1982, c. 5, s. 182; 1982, c. 38, s. 13; 1983, c. 47, s. 4; 1986, c. 15, s. 174; 1990, c. 7, s. 145; 1995, c. 63, s. 261; 1997, c. 85, s. 237.

TITLE III PAYMENT OF TAX

1972, c. 23.

CHAPTER I DEDUCTION OR WITHHOLDING

1972, c. 23.

DIVISION I GENERAL RULES

1997, c. 85, s. 238.

1015. Every person who at any time during a taxation year pays, allocates, grants or awards an amount described in the second paragraph shall, even if the amount paid, allocated, granted or awarded results from a judgment, subject to sections 1015.0.1 and 1015.0.2, deduct or withhold from that amount the amount described in the third paragraph and pay to the Minister, on the dates, for the periods and according to terms and conditions prescribed, an amount equal to the deducted or withheld amount on account of the tax payable by the payee for the same taxation year.

For the purposes of the first paragraph, the amounts referred to are the following amounts:

(a)  salary or wages or other remuneration;

(b)  an amount described in section 317;

(c)  a retiring allowance;

(d)  a death benefit;

(e)  an amount described in paragraph c of section 311;

(e.0.1)  an amount described in paragraph c.1 of section 311;

(e.1)  an amount described in any of paragraphs e.2 to e.6 of section 311;

(e.2)  a benefit under a supplementary unemployment benefit plan;

(f)  an annuity payment or a payment in full or partial commutation of an annuity, other than a payment made under an income-averaging annuity contract respecting income from artistic activities;

(g)  fees, commissions or other amounts for services;

(h)  a payment under a deferred profit sharing plan or a plan referred to in section 147 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) as a plan the registration of which has been revoked;

(i)  a benefit out of or under a registered retirement savings plan or a new plan referred to in section 914, or under such a plan;

(j)  (subparagraph repealed);

(k)  an amount as proceeds of the surrender, cancellation or redemption of an income-averaging annuity contract;

(l)  a payment out of or under a registered retirement income fund or a fund referred to in section 961.9 as an “amended fund”;

(m)  a prescribed benefit under a government assistance program;

(n)  one or more amounts paid, allocated, granted or awarded to an individual who has elected for the year in prescribed manner in respect of all such amounts;

(o)  (subparagraph repealed);

(p)  an amount described in paragraph e of section 1093;

(q)  an amount paid, allocated, granted or awarded as a distribution to one or more persons out of or under a retirement compensation arrangement;

(r)  a payment under a plan that is a registered education savings plan or that is such a plan solely for the purposes of sections 904 and 904.1;

(s)  a payment made in connection with the closing of a farm income stabilization account, pursuant to sections 45 and 46 of the Farm Income Stabilization Account program established under the Act respecting La Financière agricole du Québec (chapter L-0.1);

(t)  a payment from a registered disability savings plan.

For the purposes of the first paragraph and having regard to the regulations under this section, the amount to be deducted or withheld is equal

(a)  in cases where subparagraph b does not apply,

i.  to the amount determined in accordance with the tables drawn up by the Minister determining the amount to be deducted or withheld from an amount paid, allocated, granted or awarded or, where the amount to be deducted or withheld cannot be determined with those tables, to the amount computed in the prescribed manner, or

ii.  to the amount determined according to a mathematical formula authorized by the Minister; and

(b)  in the cases described in sections 1015R11, 1015R12 and 1015R15 to 1015R29 of the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), to the prescribed amount.

Where the Minister considers that the aggregate of the amounts a person referred to in the first paragraph is required to pay under this section, section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), and section 63 of the Act respecting the Québec Pension Plan (chapter R-9) and section 62 of the Act respecting parental insurance (chapter A-29.011), for a particular calendar year or for the calendar year prior to that particular year, does not exceed $2,400, he may authorize the person, in respect of an amount referred to in the first paragraph and equal to an amount deducted or withheld in respect of remuneration paid by that person during that particular year, to pay that amount on or before the day on which the person would be required, but for this paragraph, to make the last payment required by this section in respect of that remuneration.

The authorization referred to in the fourth paragraph is valid for the calendar year in respect of which it is given and, except where the Minister sends to the person a notice of change in the frequency of payment, for any subsequent calendar year.

Where the Minister considers that the average monthly withholding, within the meaning of the regulations made under this section, of a person referred to in the first paragraph, for the calendar year preceding a particular calendar year or for the second calendar year preceding that particular calendar year, does not exceed $3,000 and the person meets the conditions determined by the Minister, the Minister may authorize the person, in relation to an amount referred to in the first paragraph and equal to an amount deducted or withheld in respect of remuneration paid by that person in a month in the particular calendar year, to pay that amount on the dates, for the periods and according to the terms and conditions prescribed.

The authorization referred to in the sixth paragraph is valid from the first month in respect of which it is given to the end of

(a)  the month in which the Minister sends to the person a notice of change in the frequency of payment, where that notice results from the fact that the person no longer meets one of the conditions determined by the Minister; and

(b)  the month preceding the month from which a notice of change in the frequency of payment that the Minister sends to the person takes effect, in any other case.

The tables determining the amount to be deducted or withheld from an amount paid, allocated, granted or awarded come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein.

1972, c. 23, s. 745; 1972, c. 26, s. 69; 1977, c. 26, s. 110; 1979, c. 18, s. 70; 1980, c. 13, s. 103; 1982, c. 17, s. 54; 1984, c. 15, s. 231; 1985, c. 25, s. 148; 1986, c. 19, s. 187; 1988, c. 4, s. 120; 1989, c. 77, s. 98; 1991, c. 8, s. 73; 1991, c. 25, s. 166; 1993, c. 16, s. 327; 1995, c. 1, s. 110; 1995, c. 49, s. 228; 1995, c. 63, s. 114; 1997, c. 14, s. 290; 1997, c. 31, s. 96; 1999, c. 65, s. 20; 1999, c. 89, s. 53; 2000, c. 5, s. 243; 2001, c. 9, s. 127; 2001, c. 51, s. 84; 2002, c. 40, s. 97; 2003, c. 9, s. 162; 2004, c. 21, s. 249; 2005, c. 23, s. 140; 2005, c. 38, s. 233; 2007, c. 12, s. 100; 2009, c. 15, s. 187; 2010, c. 5, s. 132.

1015.0.1. No amount shall be deducted or withheld under section 1015 in respect of the remuneration, for a period referred to in that section or part of such a period of a taxation year, that an individual receives from employment, to the extent that the remuneration is attributable to an amount that may be deducted in computing the individual’s taxable income for the year under any of sections 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.13 and 737.28 or that could be deducted under that section if the individual’s taxable income were determined under this Part, where,

(a)  the certificate referred to in the definition of “foreign researcher” in section 737.19 has been issued in respect of the individual in relation to the individual’s employment with an eligible employer, within the meaning of that section, and the certificate is valid for that period or part of the period;

(b)  the certificate referred to in paragraph d of the definition of “foreign researcher on a postdoctoral internship” in the first paragraph of section 737.22.0.0.1 has been issued in respect of the individual in relation to the individual’s employment with an eligible employer, within the meaning of that paragraph, and the certificate is valid for that period or part of the period;

(c)  the certificate referred to in the definition of “foreign expert” in section 737.22.0.0.5 has been issued in respect of the individual in relation to the individual’s employment with an eligible employer, within the meaning of that section, and the certificate is valid for that period or part of the period;

(d)  the certificate referred to in paragraph d of the definition of “foreign specialist” in the first paragraph of section 737.22.0.1 has been issued in respect of the individual in relation to the individual’s employment with an eligible employer, within the meaning of that paragraph, and the certificate is valid for that period or part of the period;

(e)  the certificate referred to in paragraph d of the definition of “foreign professor” in the first paragraph of section 737.22.0.5 has been issued in respect of the individual in relation to the individual’s employment with an eligible employer, within the meaning of that paragraph, and the certificate is valid for that period or part of the period;

(f)  the certificate referred to in the definition of “eligible seaman” in section 737.27 has been issued in respect of the individual in relation to the individual’s employment with an eligible shipowner, within the meaning of that section, and the certificate is valid for that period or part of the period; or

(g)  the work permit referred to in the definition of “foreign farm worker” in section 737.22.0.12 has been issued to the individual within the framework of a recognized federal program, within the meaning of that section, and the permit is valid for that period or part of the period.

The first paragraph applies only if it may reasonably be considered that the conditions relating to the employment of an individual referred to in any of subparagraphs a to f of that paragraph, on the basis of which the certificate was issued, remain essentially the same for the period or part of the period.

2002, c. 40, s. 98; 2003, c. 9, s. 163; 2004, c. 21, s. 250; 2006, c. 36, s. 100.

1015.0.2. No amount shall be deducted or withheld under section 1015 in respect of an amount paid, allocated, granted or awarded for services rendered or to be rendered in Québec, for a period referred to in that section or part of such a period of a taxation year, to an individual, to the extent that the amount is attributable to an amount that may be deducted in computing the individual’s taxable income for the year or a preceding taxation year under section 737.22.0.10 or could deduct under that section if the individual’s taxable income had been determined under this Part, where the certificate referred to in the definition of “eligible individual” in section 737.22.0.9 was issued to the individual in relation to an eligible production, within the meaning of that section, and the certificate is valid for that period or part of the period.

2003, c. 9, s. 164.

1015.1. (Repealed).

1982, c. 5, s. 183; 1995, c. 1, s. 111; 1997, c. 31, s. 97.

1015.2. (Repealed).

1983, c. 43, s. 5 [In force (in part): 1983, c. 43, s. 17]; 1997, c. 85, s. 239.

1015.3. Every person to whom another person pays, in a taxation year, remuneration, within the meaning of the regulations made under section 1015, shall furnish the other person with a return in the form and within the time prescribed in section 1015.4.

Where a person fails to furnish the return referred to in the first paragraph, the deduction or withholding shall be made in respect of the person as though the person were entitled to deduct, in computing the person’s tax payable for the year, only the amount obtained by multiplying $10,215 by the percentage determined under section 750.1 for the year.

The amount of $10,215 to which the second paragraph refers and that is to be used for a taxation year subsequent to the taxation year 2008, is to be adjusted annually in such a manner that the amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A/B) - 1.

In the formula provided for in the third paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the third paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

Where the amount that results from the adjustment provided for in the third paragraph is not a multiple of $5, it shall be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher thereof.

1995, c. 63, s. 115; 1997, c. 85, s. 240; 2002, c. 9, s. 42; 2003, c. 9, s. 165; 2004, c. 21, s. 251; 2005, c. 1, s. 209; 2009, c. 5, s. 421; 2009, c. 15, s. 188.

1015.4. The person referred to in the first paragraph of section 1015.3 shall furnish the other person referred to in that paragraph with a return in the prescribed form containing the prescribed information within the following time:

(a)  the person’s employment starting date where the other person is the person’s employer; and

(b)  before remuneration is paid for the first time where the other person is not the person’s employer.

The person referred to in the first paragraph of section 1015.3 shall furnish the other person referred to in that paragraph with a new return in the prescribed form containing the prescribed information within 15 days after an event that results in the reduction of the amount of the person’s deductions or personal tax credits, according to the information indicated in the last return furnished to the other person.

Notwithstanding the first and second paragraphs, the person referred to in the first paragraph of section 1015.3 may, at any time, furnish the other person referred to in that paragraph with a return or a new return in the prescribed form containing the prescribed information.

2003, c. 9, s. 166.

1015.5. (Repealed).

2004, c. 21, s. 252; 2005, c. 1, s. 210.

1016. Where the Minister is satisfied that the deduction or withholding of the amount provided for in the third paragraph of section 1015 would impose undue hardship on the taxpayer, the Minister may determine a lesser amount and that amount shall be deemed to be the amount that is required to be deducted or withheld under that section.

1973, c. 18, s. 28; 1995, c. 18, s. 92; 1997, c. 85, s. 241; 2000, c. 5, s. 244; 2001, c. 51, s. 85.

1017. A taxpayer may elect, in prescribed form and prescribed manner, that the amount deducted or withheld in the taxpayer’s respect under section 1015 be increased by the amount specified by the taxpayer in the election, and that increased amount shall be deemed to be the amount that is required to be deducted or withheld under that section.

1973, c. 18, s. 28; 2001, c. 51, s. 86.

1017.1. A joint election made or expected to be made under Chapter II.1 of Title VI of Book III is not to be considered grounds on which the Minister may determine a lesser amount under section 1016.

2009, c. 5, s. 422.

1017.2. If a transferor and a transferee, within the meaning assigned to those expressions by the first paragraph of section 336.8, make a joint election under Chapter II.1 of Title VI of Book III in respect of a split-retirement income amount for a taxation year, determined in their respect for the purposes of that chapter, the portion of the amount deducted or withheld under section 1015 that may reasonably be considered to be attributable to the split-retirement income amount is deemed to have been deducted or withheld on account of the transferee’s tax payable for the year under this Part and not on account of the transferor’s tax payable for the year under this Part.

2009, c. 5, s. 422.

1018. (Repealed).

1972, c. 23, s. 746; 1993, c. 16, s. 328; 1995, c. 1, s. 112.

1019. Where, at the end of a taxpayer’s taxation year, the person beneficially entitled to an amount received by the taxpayer after 1984 and before the taxation year as dividends, interest or proceeds of disposition of property is unknown to the taxpayer, the taxpayer shall pay to the Minister, on or before the sixtieth day after the end of the taxation year, on account of the tax payable by that person, an amount equal to 15% of the amount received as dividends or interest and 15% of the amount, if any, by which the proceeds of disposition of property exceed the aggregate of any expenses made or incurred by the taxpayer for the purpose of disposing of the property, to the extent that such expenses were not deducted in computing the taxpayer’s income for any taxation year or attributable to any other property.

1972, c. 23, s. 747; 1989, c. 77, s. 99.

1019.1. No payment under section 1019 shall be required in respect of an amount that was included in computing the taxpayer’s income contemplated in the said section for the year or a preceding taxation year or in respect of an amount on which the tax contemplated in the said section 1019 was previously paid.

1989, c. 77, s. 99.

1019.2. An amount paid by a taxpayer under section 1019 in respect of dividends, interest or proceeds of disposition of property is deemed to have been received by the person beneficially entitled thereto and to have been deducted or withheld from the amount otherwise payable by the taxpayer to that person.

1989, c. 77, s. 99.

DIVISION II RULES RELATING TO TIPS

1997, c. 85, s. 242.

1019.3. In this division,

“regulated establishment” has the meaning assigned by section 42.6;

“tippable sale” has the meaning assigned by section 42.6.

1997, c. 85, s. 242.

1019.4. If an employee receives or benefits from tips and performs employment duties for a regulated establishment, the employee shall report in writing to the employer, at the end of each pay period, the amount by which the amount of tips the employee received or benefited from exceeds the amount of tips remitted to or for the benefit of another employee under a tip-sharing arrangement implemented for the employees performing employment duties for the regulated establishment, to the extent that that amount is included in the amount of the tips the employee received or benefited from.

The first paragraph does not apply in respect of the amount of the tips the employee received or benefited from during the pay period referred to therein, in respect of the performance of employment duties for the regulated establishment referred to therein, and that constitute service charges added to the customer’s bill.

1997, c. 85, s. 242; 2009, c. 5, s. 423.

1019.5. For the purposes of section 1019.4, where a tip in respect of a sale is not received in the pay period during which the sale is made or in the pay periods referred to in paragraphs a and b, the tip is deemed to be received in one of the pay periods referred to in those paragraphs and not to be received at the time it is actually received:

(a)  subject to paragraph b, the tip is deemed to be received in the pay period during which the obligations relating to that sale are fully fulfilled; and

(b)  in the case where the funds representing the proceeds of a sale in a regulated establishment, in respect of which a tip was paid, are not received by the operator of the regulated establishment before the end of the pay period referred to in paragraph a, in respect of that sale, and where remittance of the tip attributable to that sale to the employee in respect of whom the sale is attributable is deferred to a time after that pay period, the tip is deemed to be received in the pay period during which the funds are received by the operator of the regulated establishment.

1997, c. 85, s. 242.

1019.6. An amount may be deducted or withheld under section 1015 by an employer from remuneration paid to an employee who performs employment duties for a regulated establishment only to the extent that it does not reduce any amount that, but for that section 1015, would have been deducted or withheld from that remuneration under section 153 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), without reference to subsection 1.2 of that section, under section 82 of the Employment Insurance Act (Statutes of Canada, 1996, chapter 23), under section 59 of the Act respecting the Québec Pension Plan (chapter R-9), under section 60 of the Act respecting parental insurance (chapter A-29.011), or as dues referred to in paragraph b or c of section 752.0.18.3.

1997, c. 85, s. 242; 2001, c. 9, s. 128.

1019.7. For the purposes of section 1015, the following rules apply:

(a)  whoever employs an individual referred to in section 42.11 is deemed to pay to that individual as remuneration any tip to be attributed to the individual by the employer under that section 42.11, at the time the attribution is to be made under that section; and

(b)  where an employee reports under section 1019.4 to the employer, in respect of a pay period, an amount relating to tips the employee received or benefited from in that pay period, the employer is deemed to pay to the employee an amount of remuneration equal to the amount so reported and to have paid that amount of remuneration at the time referred to in the second paragraph.

For the purposes of subparagraph b of the first paragraph, the employer referred to therein is deemed to pay the amount of remuneration referred to therein at the time the employer pays to the employee the salary or wages for the pay period referred to therein or, where, having regard to the information available at that time and the time required to determine the amount that is to be deducted or withheld from that amount of remuneration under section 1015, it may reasonably be considered that the employer cannot at that time determine the amount to be so deducted or withheld from that amount of remuneration owing to the fact that payment of the salary or wages for that pay period follows too closely the end of that pay period, at the time the employer pays to the employee the salary or wages for the pay period immediately following that pay period.

1997, c. 85, s. 242.

CHAPTER II ADJUSTMENT PAYMENTS

1972, c. 23.

1020. (1)  The Minister may, with the authorization of the Government, make an adjustment payment to the government of another province or of Canada, where, for a taxation year, such government is authorized to remit to Québec amounts deducted or withheld under the laws of such other province or of Canada, and such remittance is, in the opinion of the Minister, equivalent to an adjustment payment.

(2)  The Minister may also, with the same authorization, sign with the government of that other province or of Canada any agreement deemed necessary for the application of this section.

1972, c. 23, s. 748.

1021. The aggregate of the adjustment payments is equal to the aggregate of the amounts deducted or withheld under subsection 1 of section 1020, during a taxation year, from the sums due to individuals who, on the last day of that year, resided in another province mentioned in section 1020; the Minister shall determine the portion of the amount deducted or withheld under section 1020 which is paid to the government of another province and that which is paid to the government of Canada, as an adjustment payment.

1972, c. 23, s. 749.

1022. An individual resident in Québec on the last day of a taxation year may deduct from his tax payable for such year the tax deductions or withholdings made by the government of another province mentioned in section 1020 and that part of the tax deductions or withholdings made by the government of Canada which is transferred to Québec as a payment equivalent to an adjustment payment.

1972, c. 23, s. 750.

1023. An individual who, on the last day of a taxation year, resided in another province mentioned in section 1020 and in respect of whom tax deductions or withholdings were made in Québec shall not claim the refund of the amounts so deducted or withheld or apply the amount thereof to the payment of what he may owe to Québec.

1972, c. 23, s. 751.

1024. For the purposes of sections 1020 to 1023, the expression “adjustment payment” means a payment made by Québec to the government of another province or of Canada in respect of any tax deduction or withholding made in Québec on an amount paid to a person not resident in Québec on the last day of the taxation year and the expression “amount deducted or withheld” does not include an amount which has been refunded to the individual.

1972, c. 23, s. 752.

CHAPTER III PAYMENTS

1972, c. 23.

DIVISION I INDIVIDUALS

2003, c. 9, s. 167.

1025. Subject to section 1026.1, every individual whose chief source of income for a taxation year is farming or fishing shall pay to the Minister for the year, on or before 31 December in the year, an amount equal to 2/3 of his tax for the year estimated in accordance with section 1004 or of his basic provisional account, established in prescribed manner, for the preceding taxation year.

1972, c. 23, s. 753; 1972, c. 26, s. 70; 1977, c. 26, s. 111; 1983, c. 49, s. 13; 1984, c. 15, s. 232; 1986, c. 15, s. 175; 1988, c. 4, s. 121; 1993, c. 16, s. 329; 1993, c. 64, s. 131; 1995, c. 1, s. 113.

1026. Subject to section 1026.1, every individual not contemplated in section 1025 shall pay to the Minister for each taxation year

(a)  on or before 15 March, 15 June, 15 September and 15 December in the year, an amount equal to one-quarter of his tax for the year estimated in accordance with section 1004, or of his basic provisional account, established in the prescribed manner for the preceding taxation year, or

(b)  on or before

i.  15 March and 15 June in the year, an amount equal to one-quarter of his basic provisional account, established in the prescribed manner for the second preceding taxation year, and

ii.  15 September and 15 December in the year, an amount equal to one-half of the amount by which his basic provisional account, established in the prescribed manner, for the preceding taxation year, exceeds one-half of his basic provisional account, established in the prescribed manner, for the second preceding taxation year.

1972, c. 23, s. 754; 1972, c. 26, s. 71; 1977, c. 26, s. 112; 1978, c. 26, s. 205; 1983, c. 44, s. 38; 1983, c. 49, s. 14; 1986, c. 15, s. 176; 1988, c. 4, s. 122; 1990, c. 59, s. 343; 1993, c. 16, s. 330; 1993, c. 64, s. 132; 1995, c. 1, s. 114.

1026.0.1. Every individual shall, on or before the individual’s balance-due day for the year, pay to the Minister for each taxation year the amount by which the individual’s tax payable for the year under this Part exceeds the aggregate of all amounts deducted or withheld under section 1015 in respect of his income for the year and of all other amounts paid or deemed to be paid to the Minister on or before that date as partial payment of the individual’s tax payable under this Part for the year.

1995, c. 1, s. 115; 1997, c. 31, s. 98; 2010, c. 5, s. 133.

1026.0.2. In section 1026.1,

“instalment threshold” of an individual for a taxation year means an amount equal to $1,800;

“net tax owing” by an individual for a taxation year means the amount by which the tax payable by the individual for the year under this Part and Part III.15, determined without reference to the specified tax consequences for the year, section 313.11 and Chapter II.1 of Title VI of Book III, exceeds the amount described in the second paragraph.

The amount to which the definition of “net tax owing” in the first paragraph refers corresponds to the aggregate of all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the year and all amounts the individual is deemed, under Chapter III.1, to have paid to the Minister on account of the individual’s tax payable under this Part for the year.

1995, c. 1, s. 115; 1997, c. 85, s. 243; 1998, c. 16, s. 221; 2000, c. 5, s. 245; 2009, c. 5, s. 424; 2009, c. 15, s. 189.

1026.1. Sections 1025 and 1026 do not apply to an individual for a particular taxation year where

(a)  the individual’s chief source of income for the particular year is farming or fishing and the individual’s net tax owing for the particular year, or for either of the two preceding taxation years, does not exceed the individual’s instalment threshold for that year; or

(b)  the individual’s net tax owing for the particular year, or for each of the two preceding taxation years, does not exceed the individual’s instalment threshold for that year.

1983, c. 49, s. 15; 1986, c. 15, s. 177; 1993, c. 64, s. 133; 1995, c. 1, s. 116.

1026.2. Where an individual has died in a taxation year, sections 1025 and 1026 shall not require the payment of any amount in respect of the individual that would otherwise become due under either of the said sections on or after the day on which the individual died.

1993, c. 16, s. 331; 1993, c. 64, s. 134; 1995, c. 1, s. 117.

1026.3. For the purposes of sections 1025 and 1026, the individual’s tax for the year estimated in accordance with section 1004 is to be determined without reference to section 313.11 and Chapter II.1 of Title VI of Book III.

2009, c. 5, s. 425.

DIVISION II CORPORATIONS

2003, c. 9, s. 168.

1027. Subject to section 1027.0.3, every corporation subject to taxation under this Part shall pay to the Minister

(a)  the amounts determined in accordance with any of the following methods:

i.  on or before the last day of each month of the current taxation year an amount equal to 1/12 of its tax for the year estimated in accordance with section 1004 or of its first basic provisional account, established in prescribed manner, for the year,

ii.  on or before the last day of each of the first two months of the current taxation year, an amount equal to 1/12 of its second basic provisional account, established in prescribed manner, for the year and, on or before the last day of each of the following months of the year, an amount equal to 1/10 of the excess of its first basic provisional account contemplated in subparagraph i over the amount computed in respect of the first two months of the year, or

iii.  if the corporation is a qualified Canadian-controlled private corporation,

(1)  on or before the last day of each three-month period in the current taxation year (or if the period that remains in a year after the end of the last such three-month period is less than three months, on or before the last day of that remaining period), an amount equal to 1/4 of its tax for the year estimated in accordance with section 1004 or of its first basic provisional account referred to in subparagraph i, or

(2)  on or before the last day of the first period in the current taxation year not exceeding three months, a particular amount equal to 1/4 of its second basic provisional account referred to in subparagraph ii and, on or before the last day of each of the following three-month periods in the current year (or if the period that remains in a year after the end of the last such three-month period is less than three months, on or before the last day of that remaining period), an amount equal to 1/3 of the amount by which its first basic provisional account referred to in subparagraph i exceeds the particular amount; and

(b)  on or before the corporation’s balance-due day for its taxation year, the remainder of the corporation’s tax payable for the year.

However, subparagraph a of the first paragraph does not apply to a corporation whose total taxes payable for the year under this Act, other than tax payable under Part IV.1, determined without reference to the specified tax consequences for the year, or whose first basic provisional accounts within the meaning of the regulations under subparagraph i of subparagraph a of the first paragraph, for the year, other than the first basic provisional account related to tax payable under Part IV.1, do not exceed $3,000.

1972, c. 23, s. 755; 1973, c. 17, s. 115; 1975, c. 22, s. 235; 1982, c. 5, s. 184; 1983, c. 44, s. 39; 1986, c. 15, s. 178; 1986, c. 19, s. 188; 1987, c. 21, s. 71; 1990, c. 7, s. 146; 1991, c. 8, s. 74; 1992, c. 1, s. 159; 1993, c. 19, s. 89; 1993, c. 64, s. 135; 1997, c. 3, s. 71; 1998, c. 16, s. 222; 2009, c. 15, s. 190; 2010, c. 5, s. 134.

1027.0.1. For the purposes of subparagraph iii of subparagraph a of the first paragraph of section 1027, a qualified Canadian-controlled private corporation, at a particular time in a taxation year, means a Canadian-controlled private corporation in respect of which the following conditions are met:

(a)  the corporation’s taxable income for the year or the preceding taxation year does not exceed $500,000;

(b)  the corporation’s paid-up capital for the year or the preceding taxation year does not exceed $10,000,000;

(c)  the excess amount referred to in paragraph a of section 771.2.1.2, computed in respect of the corporation for the year or the preceding taxation year, is an amount greater than zero; and

(d)  throughout the 12-month period that ends on the day on which the corporation is required to make its last payment under this division, the corporation has

i.  paid, on or before the date of expiry of the time allowed to do so, all amounts that were required to be paid under section 1015, Chapter IV of the Act respecting parental insurance (chapter A-29.011), Division I of Chapter IV of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), Title III of the Act respecting the Québec Pension Plan (chapter R-9) or Title I of the Act respecting the Québec sales tax (chapter T-0.1), and

ii.  filed, on or before the date of expiry of the time allowed to do so, all returns that were required to be filed by the corporation under this Act or Title I of the Act respecting the Québec sales tax.

For the purposes of subparagraph b of the first paragraph, the paid-up capital of a corporation is

(a)  in respect of a corporation referred to in paragraph a or c of section 1132 or a mining corporation that has not reached the production stage, its paid-up capital that would be determined in accordance with Book III of Part IV if no reference were made to section 1138.2.6;

(b)  in respect of an insurance corporation, other than a corporation referred to in subparagraph a, its paid-up capital that would be determined in accordance with Title II of Book III of Part IV, if the corporation were a bank and if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136; and

(c)  in respect of a cooperative, its paid-up capital that would be determined in accordance with Title I of Book III of Part IV if no reference were made to section 1138.2.6.

2009, c. 15, s. 191; 2010, c. 5, s. 135.

1027.0.2. For the purposes of subparagraphs a and b of the first paragraph of section 1027.0.1,

(a)  the taxable income of a corporation that, in a particular taxation year, is associated with one or more other corporations is equal to the aggregate of the corporation’s taxable income for the particular year and of each of the other corporations’ taxable income for their respective taxation years that end in the particular year; and

(b)  the paid-up capital of a corporation that, in a particular taxation year, is associated with one or more other corporations is equal to the aggregate of the corporation’s paid-up capital determined in accordance with the second paragraph of section 1027.0.1 for the particular year and of the paid-up capital so determined of each of the other corporations for their respective taxation years that end in the particular year.

2009, c. 15, s. 191.

1027.0.3. If payments that a corporation is required to make under section 1027 in a taxation year were made in accordance with subparagraph iii of subparagraph a of the first paragraph of that section and the corporation ceases, at a particular time in the taxation year, to be able to avail itself of that subparagraph iii, the following rules apply for the purpose of determining the amounts that the corporation is required to pay to the Minister under section 1027 for the part of the year that follows the particular time:

(a)  subparagraph iii of subparagraph a of the first paragraph of section 1027 is to be read as follows:

“iii. on or before the last day of each month in the current taxation year, the amount determined by the formula

(A - B)/C;”; and

(b)  section 1027 is to be read as if the following paragraph was added after the second paragraph:

“In the formula in subparagraph iii of subparagraph a of the first paragraph,

(a) A is the corporation’s tax for the taxation year estimated in accordance with section 1004 or the corporation’s first basic provisional account referred to in subparagraph i of subparagraph a of the first paragraph;

(b) B is the aggregate of the payments that the corporation was required to make in the taxation year and before the particular time referred to in section 1027.0.3, in accordance with subparagraph iii of subparagraph a of the first paragraph; and

(c) C is the number of months in the taxation year that end after the particular time referred to in section 1027.0.3.”

2009, c. 15, s. 191.

DIVISION III INSTALMENT DEFERRAL FOR QUALIFIED CORPORATIONS

2003, c. 9, s. 169.

1027.1. In this division,

“eligible instalment day” of a qualified corporation means a day in October, November or December 2001, on which an instalment to be paid by the corporation in respect of the corporation’s tax payable under this Part for the taxation year that includes that day would become payable if this Act were read without reference to this division;

“qualified corporation”, for a particular taxation year, means a corporation the paid-up capital of which determined for the taxation year preceding the particular year does not exceed,

(a)  where the corporation is not associated with any other corporation in the particular year, $15,000,000, and

(b)  where the corporation is associated with one or more other corporations in the particular year, the amount by which $15,000,000 exceeds the aggregate of the paid-up capital of those other corporations for their last taxation year that ended in the last calendar year that ended before the end of the particular year.

For the purposes of the definition of “qualified corporation” in the first paragraph, the paid-up capital of a corporation is

(a)  in respect of a corporation referred to in any of paragraphs a to c of section 1132, its paid-up capital determined in accordance with Book III of Part IV;

(b)  in respect of an insurance corporation, other than a corporation referred to in subparagraph a, its paid-up capital that would be determined in accordance with Title II of Book III of Part IV, if the corporation were a bank and if paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136; and

(c)  in respect of a cooperative, its paid-up capital determined in accordance with Title I of Book III of Part IV.

For the purposes of this division, a corporation the first taxation year of which ends after 30 September 2001 and before 1 April 2002 is deemed to be a qualified corporation for the year, insofar as, where the corporation is associated with one or more other corporations in the year, the paid-up capital of those other corporations for their last taxation year that ended in the last calendar year that ended before the end of the year does not exceed $15,000,000.

2003, c. 9, s. 169.

1027.2. An amount that, because of subparagraph a of the first paragraph of section 1027, would otherwise become payable on an eligible instalment day by a qualified corporation for a taxation year of the qualified corporation that ends after 30 September 2001 and before 1 January 2003, becomes payable, not on that day, but

(a)  on the last day of the period that ends six months after the eligible instalment day,

i.  where the taxation year of the qualified corporation ends in February 2002 and the eligible instalment day is a day in October 2001,

ii.  where the taxation year of the qualified corporation ends in March 2002 and the eligible instalment day is a day in October 2001 or a day in November 2001, and

iii.  where the taxation year of the qualified corporation ends after 31 March 2002 and before 1 January 2003; and

(b)  in any other case, on the qualified corporation’s filing-due date for the taxation year.

2003, c. 9, s. 169.

1027.3. A qualified corporation’s balance-due day for a taxation year that ends after 30 September 2001 and before 1 April 2002 is deemed to be the qualified corporation’s filing-due date for that taxation year.

2003, c. 9, s. 169.

DIVISION III.1 INSTALMENT DEFERRAL FOR MANUFACTURING CORPORATIONS

2009, c. 15, s. 192.

1027.4. In this division,

“eligible instalment day” of a qualified corporation means a day in the calendar year 2008 on or before which an instalment to be paid by the corporation in respect of the corporation’s tax payable under this Part for the taxation year that includes that day would become payable if this Act were read without reference to this division;

“manufacturing corporation” for a taxation year means a corporation whose gross income from its manufacturing or processing activities for the preceding taxation year exceeds 50% of the corporation’s total gross income for that preceding taxation year;

“manufacturing corporation operating mainly in the forest industry” for a particular taxation year means a manufacturing corporation for the particular year that meets the following conditions:

(a)  the activities of the corporation for the particular year consist in any combination of

i.  sawmill and wood preservation activities included in the group described under code 3211 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada,

ii.  activities involved in the manufacturing of veneer, plywood and engineered wood products included in the group described under code 3212 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada, excluding activities involved in the manufacturing of structural wood products included in the class described under code 321215 of that publication, and

iii.  activities relating to pulp, paper and paperboard mills included in the group described under code 3221 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada; and

(b)  the corporation’s gross income from activities described in paragraph a for the taxation year that precedes the particular year exceeds 50% of the corporation’s total gross income for that preceding taxation year;

“manufacturing or processing activities” of a corporation means activities included in the groups described under codes 31 to 33 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada;

“qualified corporation” for a particular taxation year means

(a)  a manufacturing corporation operating mainly in the forest industry for the particular year; and

(b)  a manufacturing corporation for the particular year, other than a corporation described in paragraph a, the paid-up capital of which determined for the taxation year preceding the particular year does not exceed,

i.  if the corporation is not associated with any other corporation in the particular year, $75,000,000, and

ii.  if the corporation is associated with one or more other corporations in the particular year, the amount by which $75,000,000 exceeds the aggregate of the paid-up capital of each of those other corporations determined either for that other corporation’s last taxation year that ended in the 12 months that precede the beginning of the particular year, or, if the other corporation is in its first fiscal period, on the basis of its financial statements prepared at the beginning of that fiscal period in accordance with generally accepted accounting principles.

For the purposes of paragraph b of the definition of “qualified corporation” in the first paragraph, the paid-up capital of a corporation is its paid-up capital determined in accordance with Title I of Book III of Part IV.

2009, c. 15, s. 192.

1027.5. An amount that, because of subparagraph a of the first paragraph of section 1027, would otherwise become payable on or before an eligible instalment day by a qualified corporation becomes payable on or before not that day but the qualified corporation’s balance-due day for the taxation year that includes the eligible instalment day.

2009, c. 15, s. 192.

DIVISION IV

Repealed, 2005, c. 1, s. 211.

2003, c. 9, s. 169; 2005, c. 1, s. 211.

1028. (Repealed).

1972, c. 23, s. 756; 1973, c. 17, s. 116; 1975, c. 22, s. 236; 1986, c. 15, s. 179; 1986, c. 19, s. 189; 1997, c. 3, s. 71; 1997, c. 85, s. 244; 1998, c. 16, s. 223; 2000, c. 39, s. 120; 2001, c. 7, s. 141; 2005, c. 1, s. 211.

1029. (Repealed).

1972, c. 23, s. 757; 1972, c. 26, s. 72; 1977, c. 26, s. 113; 1984, c. 35, s. 28; 1993, c. 64, s. 136.

CHAPTER III.1 REFUNDABLE TAX CREDITS

1981, c. 12, s. 12; 1992, c. 1, s. 160.

DIVISION I

Repealed, 2000, c. 39, s. 121.

1983, c. 44, s. 40; 2000, c. 39, s. 121.

1029.0.1. (Repealed).

1997, c. 14, s. 178; 1997, c. 85, s. 245; 2000, c. 39, s. 121.

1029.1. (Repealed).

1981, c. 12, s. 12; 1983, c. 44, s. 40; 1985, c. 25, s. 149; 1997, c. 3, s. 71; 1997, c. 14, s. 179; 2000, c. 39, s. 121.

1029.2. (Repealed).

1981, c. 12, s. 12; 1982, c. 5, s. 185; 1983, c. 44, s. 41; 1985, c. 25, s. 150; 1989, c. 5, s. 199; 1990, c. 7, s. 147; 1991, c. 8, s. 75; 1992, c. 1, s. 161; 1993, c. 19, s. 90; 1995, c. 1, s. 199; 1995, c. 63, s. 116; 1997, c. 3, s. 71; 1997, c. 14, s. 180; 1997, c. 31, s. 99; 2000, c. 39, s. 121.

1029.2.1. (Repealed).

1987, c. 21, s. 72; 1993, c. 64, s. 137; 1995, c. 63, s. 261; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2000, c. 39, s. 121.

1029.3. (Repealed).

1981, c. 12, s. 12; 1983, c. 44, s. 42; 1984, c. 15, s. 233; 1989, c. 77, s. 100; 1997, c. 3, s. 71; 2000, c. 39, s. 121.

1029.4. (Repealed).

1981, c. 12, s. 12; 1997, c. 3, s. 71; 2000, c. 39, s. 121.

1029.5. (Repealed).

1981, c. 12, s. 12; 1997, c. 3, s. 71; 2000, c. 39, s. 121.

1029.6. (Repealed).

1981, c. 12, s. 12; 1995, c. 63, s. 117; 1997, c. 3, s. 71; 1997, c. 85, s. 246; 1998, c. 16, s. 251; 2000, c. 39, s. 121.

DIVISION I.1 RULES AND DEFINITIONS APPLICABLE TO CERTAIN REFUNDABLE TAX CREDITS

1995, c. 1, s. 118; 1997, c. 14, s. 181.

1029.6.0.0.1. In this chapter,

“government assistance” means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance;

“non-government assistance” means an amount that would be included in computing the income of a taxpayer by reason of paragraph w of section 87 if that paragraph were read without reference to subparagraphs ii and iii thereof;

“qualified business”, in relation to any business carried on by a taxpayer, means any business carried on by the taxpayer other than a specified investment business or a personal services business.

For the purposes of Divisions II.4 to II.5.2, II.6 to II.6.0.8, II.6.4.2, II.6.5.3, II.6.6.1 to II.6.15 and II.22, the following rules apply:

(a)  in the case of Division II.4, government assistance does not include an amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), other than the portion of the amount that may reasonably be attributed to an amount that is a qualified expenditure, within the meaning of subsection 9 of that section 127, and that, for the purposes of that definition, is an expenditure made before 1 May 1987;

(b)  in the case of each of Divisions II.4.2, II.5.1.1, II.5.1.2, II.5.2, II.6.0.0.1, II.6.0.1.7 to II.6.0.1.9, II.6.0.4 to II.6.0.7, II.6.4.2, II.6.5.3 and II.6.6.1 to II.6.14.1, government assistance or non-government assistance does not include an amount that is deemed to have been paid to the Minister for a taxation year under that division;

(b.1)  in the case of Division II.5.1, government assistance does not include an amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act that may reasonably be attributed to an amount that is an apprenticeship expenditure, within the meaning of subsection 9 of section 127 of that Act;

(c)  in the case of Division II.6, government assistance or non-government assistance does not include

i.  an amount that a corporation is deemed to have paid to the Minister for a taxation year under that division,

i.1.  an amount that a corporation is deemed to have paid for a taxation year under subsection 3 of section 125.4 or 125.5 of the Income Tax Act,

ii.  the amount of financial assistance granted by the Conseil des arts et des lettres du Québec, the Société de développement des entreprises culturelles, the Canada Council for the Arts or the Canadian Independent Film and Video Fund,

iii.  the amount of financial assistance granted by the National Film Board of Canada,

iv.  the amount of assistance granted by Telefilm Canada in accordance with the Telefilm Canada Act, other than any subsidy granted by that body under a dubbing and subtitling assistance fund,

v.  the amount of financial assistance granted by the Canadian Television Fund under the Licence Fee Program or the Equity Investment Program,

vi.  (subparagraph repealed),

vii.  (subparagraph repealed),

viii.  the amount of financial assistance granted by the Fonds de développement économique de la région de la Capitale-Nationale,

viii.1.  the amount of financial assistance paid by the Société du 400e anniversaire de Québec, or

ix.  the amount of any financial contribution paid by a public body that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission;

(d)  in the case of Division II.6.0.0.2, government assistance or non-government assistance does not include

i.  an amount that a corporation is deemed to have paid to the Minister for a taxation year under that division,

ii.  an amount that a corporation is deemed to have paid for a taxation year under subsection 3 of section 125.4 or 125.5 of the Income Tax Act, or

iii.  the amount of financial assistance paid by the Société du 400e anniversaire de Québec;

(e)  in the case of Division II.6.0.0.3, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division,

ii.  the amount of financial assistance granted by the Conseil des arts et des lettres du Québec, the Société de développement des entreprises culturelles, the Canada Council for the Arts, the Department of Canadian Heritage, Telefilm Canada out of the Canada Music Fund, Fondation Musicaction or the Foundation Assisting Canadian Talent on Recordings, or

iii.  the amount of financial assistance paid by the Société du 400e anniversaire de Québec;

(e.1)  in the case of Division II.6.0.0.4, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division,

ii.  the amount of financial assistance granted by the Conseil des arts et des lettres du Québec, the Société de développement des entreprises culturelles, the Canada Council for the Arts, Fondation Musicaction or the Foundation Assisting Canadian Talent on Recordings,

iii.  the amount of the fees paid by a government, municipality or other public authority to acquire performances of a show, or

iv.  the amount of financial assistance paid by the Société du 400e anniversaire de Québec;

(f)  in the case of Division II.6.0.0.5, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division,

ii.  amounts paid under a book publishing industry development program of the Department of Canadian Heritage,

iii.  grants paid by the Canada Council for the Arts to book publishers, for international translation and for co-operative projects in writing and publishing,

iv.  amounts paid under a book publishing industry development program of the Société de développement des entreprises culturelles, or

v.  the amount of financial assistance paid by the Société du 400e anniversaire de Québec;

(g)  (subparagraph repealed);

(h)  in the case of each of Divisions II.6.0.1.2 to II.6.0.1.6 and II.6.14.2, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division, or

ii.  any amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act;

(i)  in the case of Division II.6.0.3, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division,

ii.  any amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act, or

iii.  except for the purposes of the definition of “specified wages” in the first paragraph of section 1029.8.36.0.17 and sections 1029.8.36.0.24 and 1029.8.36.0.31, the amount of a grant relating to wages that is paid under the Regulation respecting the Private Investment and Job Creation Promotion Fund (O.C. 530-97, 97-04-23), as that regulation read at the time of its application;

(i.1)   in the case of Division II.6.0.8, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division,

ii.  the amount of assistance attributable to a specific grain price stabilization program negotiated with La Financière agricole du Québec,

iii.  the amount of assistance attributable to a workforce training program, and

iv.  the amount of federal government assistance directly attributable to the ethanol industry segment, in particular regarding market expansion, process improvement, energy efficiency and change in raw materials;

(j)  in the case of Division II.6.15, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for a taxation year under that division, or

ii.  the portion of any amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act that can reasonably be attributed to an amount that is a pre-production mining expenditure within the meaning of subsection 9 of that section 127; and

(k)  in the case of Division II.22, government assistance or non-government assistance does not include

i.  an amount deemed to have been paid to the Minister for the taxation year 2009 under that division, or

ii.  the portion of any amount deducted or deductible under the Income Tax Act that can reasonably be attributed to an expenditure described in the definition of “home improvement and renovation expenditure“ in section 1029.8.146.

Subject to subparagraph b of the second paragraph, when that subparagraph b refers to Division II.6.0.0.1, and subparagraphs c to f of the second paragraph, government assistance includes the amount of any financial contribution in respect of a property that is a Québec film production, within the meaning of the first paragraph of section 1029.8.34, a qualified production, within the meaning of the first paragraph of section 1029.8.36.0.0.1 or 1029.8.36.0.0.4, a qualified low-budget production, within the meaning of the first paragraph of section 1029.8.36.0.0.4, a qualified property, within the meaning of the first paragraph of section 1029.8.36.0.0.7, a qualified performance, within the meaning of the first paragraph of section 1029.8.36.0.0.10, an eligible work or an eligible group of works, within the meaning of the first paragraph of section 1029.8.36.0.0.13, that a corporation has received, is entitled to receive or may reasonably expect to receive from a government, municipality or other public authority, or a person or partnership that pays that contribution in circumstances where it is reasonable to conclude that the person or partnership would not have paid the contribution but for an amount that the person or partnership or another person or partnership received from a government, municipality or other public authority.

2001, c. 51, s. 87; 2001, c. 53, s. 260; 2002, c. 9, s. 43; 2002, c. 40, s. 99; 2003, c. 9, s. 170; 2004, c. 21, s. 253; 2005, c. 1, s. 212; 2005, c. 23, s. 141; 2005, c. 38, s. 234; 2006, c. 13, s. 87; 2006, c. 36, s. 101; 2007, c. 3, s. 72; 2007, c. 12, s. 101; 2009, c. 5, s. 426; 2009, c. 15, s. 193; 2010, c. 5, s. 136; 2010, c. 25, s. 112.

1029.6.0.1. Subject to any special provisions in this chapter, the following rules apply:

(a)  where, in respect of a particular expenditure or particular costs, an amount is deemed under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 to have been paid to the Minister by a taxpayer for a taxation year, or is deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), to have been an overpayment to the Minister by the taxpayer, no other amount may be deemed to have been paid to the Minister by the taxpayer for any taxation year under any of those divisions, or be deemed to have been an overpayment to the Minister by the taxpayer under section 34.1.9, in respect of all or part of a cost, an expenditure or costs included in the particular expenditure or the particular costs;

(b)  where it may reasonably be considered that all or a portion of a consideration paid or payable by a person or partnership under a particular contract relates to a particular expenditure or to particular costs and that the person or a member of the partnership may, for a taxation year, be deemed to have paid an amount to the Minister under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15, in respect of that expenditure or those costs, as the case may be, no amount may be deemed to have been paid to the Minister by another taxpayer for any taxation year under any of those divisions, or be deemed to have been an overpayment to the Minister by another taxpayer under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec, in respect of all or part of a cost, an expenditure or costs incurred in performing the particular contract or any contract derived therefrom, that may reasonably be considered to relate to the particular expenditure or particular costs;

(c)  a taxpayer who is a corporation operating an international financial centre in a taxation year or a member of a partnership at the end of a fiscal period of the partnership ending in the year and in which the partnership operates such a centre shall not be deemed to have paid to the Minister any amount for the year under this chapter other than an amount that the taxpayer is deemed to have so paid for the year under any of Divisions II.6.0.1.8, II.6.8 and II.6.9, in respect of a cost, an expenditure or any costs, incurred by the taxpayer or the partnership in the course of the operations of the international financial centre;

(d)  no corporation may be deemed to have paid an amount to the Minister for a taxation year under this chapter in respect of a cost, an expenditure or any costs incurred by the corporation before 13 June 2003, where the corporation is governed, in the year, by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

(e)  no corporation may be deemed to have paid an amount to the Minister for a taxation year under this chapter in respect of a cost, an expenditure or any costs incurred by the corporation after 11 March 2003 and before 13 June 2003, where the corporation is governed, in the year, by an Act establishing a labour-sponsored fund.

1995, c. 1, s. 118; 1995, c. 63, s. 118; 1997, c. 3, s. 71; 1997, c. 14, s. 182; 1997, c. 85, s. 247; 1999, c. 83, s. 167; 1999, c. 86, s. 84; 2001, c. 51, s. 88; 2002, c. 9, s. 44; 2002, c. 40, s. 100; 2003, c. 9, s. 171; 2004, c. 21, s. 254; 2005, c. 1, s. 213; 2005, c. 23, s. 142; 2006, c. 13, s. 88; 2007, c. 12, s. 102; 2010, c. 5, s. 137; 2010, c. 25, s. 113.

1029.6.0.1.1. (Repealed).

2000, c. 39, s. 122; 2002, c. 9, s. 45.

1029.6.0.1.2. Subject to any special provisions in this chapter, a taxpayer may be deemed to have paid an amount to the Minister on account of the taxpayer’s tax payable for a particular taxation year under any of Divisions II to II.6.15, only if the taxpayer files with the Minister the prescribed form containing the prescribed information and, where applicable, a copy of each agreement, qualification certificate, advance ruling, certificate, rate schedule, receipt or report the taxpayer is required to file in accordance with that division on or before the day that is 12 months after the taxpayer’s filing-due date for the particular year.

For the purposes of the first paragraph, the taxpayer is deemed to have filed with the Minister the prescribed form containing the prescribed information and, where applicable, a copy of the documents referred to in the first paragraph on or before the day that is 12 months after the taxpayer’s filing-due date for a taxation year so as to be deemed to have paid an amount to the Minister for the year under any of Divisions II to II.3.0.1, in this paragraph referred to as the “particular division”, if

(a)  the taxpayer files with the Minister the prescribed form containing the prescribed information and, where applicable, a copy of the documents referred to in the first paragraph more than 12 months after that date so as to be deemed to have paid an amount to the Minister for the year under the particular division; and

(b)  the taxpayer has filed with the Minister the prescribed form containing the prescribed information and, where applicable, a copy of the documents referred to in the first paragraph on or before the day that is 12 months after that date so as to be deemed to have paid an amount to the Minister for the year under any of Divisions II to II.3.0.1 other than the particular division.

2001, c. 51, s. 89; 2002, c. 9, s. 46; 2002, c. 40, s. 101; 2006, c. 36, s. 102; 2007, c. 12, s. 103.

1029.6.0.1.2.1. For the purposes of paragraphs a and b of section 1029.6.0.1, a particular expenditure or particular costs, in respect of which a particular amount is or may be deemed under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 to have been paid to the Minister by a taxpayer, or by a person or a member of a partnership, for a taxation year, or is deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) to have been an overpayment to the Minister by the taxpayer, include the aggregate of the expenditures and costs taken into account, or to be taken into account, as the case may be, in computing the amount used as a basis for computing the particular amount.

2005, c. 23, s. 143; 2006, c. 13, s. 89; 2007, c. 12, s. 104; 2010, c. 25, s. 114.

1029.6.0.1.2.2. The rule set out in the second paragraph applies if

(a)  any of the following conditions is met in relation to an expenditure, in this section referred to as the “initial expenditure”, incurred in whole or in part after 12 December 2003:

i.  by reason of paragraph b of section 1029.6.0.1, no amount may, in respect of all or part of a cost, an expenditure or costs that constitute only a portion of the initial expenditure, in this section referred to as the “portion not qualifying for a tax credit”, be deemed under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 to have been paid to the Minister by a taxpayer for a taxation year, or be deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) to have been an overpayment to the Minister by the taxpayer, or

ii.  a contract payment, within the meaning of the first paragraph of section 1029.8.36.0.17 or section 1029.8.36.4, must be taken into account in computing the amount used as a basis for computing, in respect of the portion of the initial expenditure that, where applicable, exceeds the portion not qualifying for a tax credit thereof, the amount that is deemed under Division II.6.0.3 or II.6.2 to have been paid to the Minister by a taxpayer for a taxation year;

(b)  but for this section and section 1029.6.0.1.2.3, a particular amount would be, in respect of the portion of the initial expenditure, in subparagraph c and the second paragraph referred to as the “portion qualifying for a tax credit”, that, where applicable, exceeds the portion not qualifying for a tax credit thereof, deemed under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 to have been paid to the Minister by the taxpayer for the year, or deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec to have been an overpayment to the Minister by the taxpayer; and

(c)  the portion qualifying for a tax credit of the initial expenditure is an expenditure in respect of which a particular maximum amount, which would correspond to a particular limit, in dollars, established on an annual, weekly or hourly basis, or which, where applicable, would be obtained by multiplying, before the application of section 1029.6.0.1.2.3, that particular limit by a proportion or, successively, by more than one proportion, would be provided for by the division referred to in subparagraph b or by Division II.6.0.1.6, for the purpose of determining the amount used as a basis for computing the particular amount referred to in that subparagraph b.

The amount that, in respect of the portion qualifying for a tax credit of the initial expenditure, may be deemed under the division referred to in subparagraph b of the first paragraph to have been paid to the Minister by the taxpayer for the year, or deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec to have been an overpayment to the Minister by the taxpayer, must be determined as if, subject to section 1029.6.0.1.2.3, the maximum amount then applicable was equal to the product obtained by multiplying the particular maximum amount referred to in subparagraph c of the first paragraph for the purposes, in respect of the portion qualifying for a tax credit of the initial expenditure, of that division or Division II.6.0.1.6, by the proportion that the part of the period covered by the initial expenditure that may reasonably be attributed to the portion of the initial expenditure that exceeds the aggregate, relating to the portion of the initial expenditure that was incurred after 12 December 2003, of the portion not qualifying for a tax credit of the initial expenditure and any contract payment, within the meaning of the first paragraph of section 1029.8.36.0.17 or section 1029.8.36.4, taken into account in computing the amount used as a basis for computing, in respect of the portion qualifying for a tax credit of the initial expenditure, the particular amount referred to in subparagraph b of the first paragraph, is of the period covered by the initial expenditure.

2005, c. 23, s. 143; 2006, c. 13, s. 90; 2007, c. 12, s. 105; 2010, c. 25, s. 115.

1029.6.0.1.2.3. In this section, an expenditure entitling a taxpayer to more than one tax credit for a taxation year means a particular expenditure or particular costs that

(a)  were incurred in whole or in part after 12 December 2003;

(b)  relate to an activity that is eligible, for the purposes, for the year, of any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 in respect of the taxpayer, such division being in this section referred to as the “applicable division”, and for the purposes, for any taxation year, of one or more other divisions among those divisions, each division then applicable, if any, being in this section referred to as the “applicable division”, or of any of Divisions II.6.0.1.7 and II.6.6.1 to II.6.6.7, in respect of the taxpayer;

(c)  are attributable to the period corresponding to the aggregate of all the periods in the year, or relating to the year, during which they relate to the activity referred to in subparagraph b; and

(d)  relate to an activity that is eligible for the purposes, for at least a part of the period referred to in subparagraph c, of both the first applicable division mentioned in subparagraph b and at least one of the other divisions referred to in that subparagraph b.

If, for the purposes, in respect of an expenditure entitling a taxpayer to more than one tax credit for a taxation year, of the applicable divisions relating to the expenditure, the taxpayer allocates among those applicable divisions all or part of the period to which that expenditure is attributable, the following rules apply, except for the purposes of paragraph b of section 1029.6.0.1, for the purpose of establishing, in respect of that expenditure, the particular amount deemed under an applicable division relating to the expenditure to have been paid to the Minister by the taxpayer for the year, or deemed under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) to have been an overpayment to the Minister by the taxpayer:

(a)  if a period is attributed for the purposes, in respect of the expenditure entitling to more than one tax credit, of that applicable division or Division II.6.0.1.6, the portion of that expenditure that does not relate to that period is not to be taken into account;

(b)  if no period is attributed for the purposes, in respect of the expenditure entitling to more than one tax credit, of that applicable division or Division II.6.0.1.6, no portion of that expenditure is to be taken into account; and

(c)  if, for the purpose of establishing the amount used as a basis for computing the particular amount, a maximum amount that corresponds to a particular limit, in dollars, established on an annual, weekly or hourly basis, or that, where applicable, is obtained by multiplying that particular limit by a proportion or, successively, by more than one proportion is to be taken into account, that maximum amount is deemed to be equal to

i.  if the second paragraph of section 1029.6.0.1.2.2 applies for the purposes, in respect of the expenditure entitling to more than one tax credit or of part of that expenditure, of that applicable division or Division II.6.0.1.6, the product obtained by multiplying the maximum amount then determined under that second paragraph in relation to that division by the proportion, not exceeding 1, that the period that is attributed for the purposes, in respect of the expenditure entitling to more than one tax credit, of that division is of the part of the period to which the expenditure entitling to more than one tax credit is attributable that was considered as a numerator in the proportion referred to in that second paragraph in relation to that division, and

ii.  if subparagraph i does not apply, the product obtained by multiplying that maximum amount, otherwise determined, by the proportion that the period attributed for the purposes, in respect of the expenditure entitling to more than one tax credit, of that applicable division or Division II.6.0.1.6, is of the part of the period to which the expenditure entitling to more than one tax credit is attributable that may reasonably be considered, for the purposes of that division, as having been devoted to the activity referred to in subparagraph b of the first paragraph in relation to that expenditure.

For the purpose of making the allocation provided for in the second paragraph, the following rules apply:

(a)  the period attributed for the purposes of a particular applicable division must be included entirely in the part of the period to which the expenditure entitling to more than one tax credit is attributable that may reasonably be considered, for the purposes of that applicable division, as having been devoted to the activity referred to in subparagraph b of the first paragraph in relation to that expenditure;

(b)  the period attributed for the purposes of a particular applicable division must not include any part of the period attributed for the purposes of another applicable division in respect of the expenditure entitling to more than one tax credit; and

(c)  the taxpayer may attribute, for the purposes of any of the applicable divisions, no part of the period to which the expenditure entitling to more than one tax credit is attributable.

2005, c. 23, s. 143; 2006, c. 13, s. 91; 2007, c. 12, s. 106; 2010, c. 25, s. 116.

1029.6.0.1.2.4. For the purposes of Divisions II.6.0.1.7 and II.6.6.1 to II.6.6.7, the following rules apply:

(a)  an expenditure, in respect of which no amount may, because of paragraph b of section 1029.6.0.1, be deemed under any of Divisions II to II.6.0.1.6, II.6.0.1.8 to II.6.2, II.6.4.2, II.6.5, II.6.5.3 and II.6.8 to II.6.15 to have been paid to the Minister by a corporation for a taxation year, must, where it is a salary or wages paid by the corporation, be considered to be included in computing an expenditure in respect of which the corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year;

(b)  the part of the particular salaries or wages that may reasonably be considered, for the purposes of a particular provision of any of those divisions, to be included in computing an expenditure in respect of which a corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year corresponds, in relation to a particular amount deemed to have been paid to the Minister by the corporation under this chapter, to the amount by which the portion, attributable to the particular salaries or wages, of the aggregate of the salaries or wages that were taken into account in computing the amount used as a basis for computing the particular amount exceeds the portion, attributable to the particular salaries or wages, of the aggregate of any contract payment, within the meaning of paragraph c, of any government assistance and of any non-government assistance that was taken into account in computing the amount used as a basis for computing the particular amount; and

(c)  “contract payment” has the meaning assigned by section 1029.8.17 or 1029.8.17.0.1, by the first paragraph of section 1029.8.36.0.17 or by section 1029.8.36.4, as the case may be.

Parts III.1.1.7 and III.10.1.2 to III.10.1.8 apply as if a contract payment, within the meaning of subparagraph c of the first paragraph, was government assistance.

2005, c. 23, s. 143; 2006, c. 13, s. 92; 2007, c. 12, s. 107; 2010, c. 25, s. 117.

1029.6.0.1.3. (Repealed).

2001, c. 51, s. 89; 2002, c. 9, s. 47; 2003, c. 9, s. 172; 2009, c. 15, s. 194.

1029.6.0.1.4. Notwithstanding paragraph b of section 1029.6.0.1, a taxpayer may, subject to section 1029.6.0.1.5 and provided that the conditions set out in the second paragraph are satisfied, be deemed to have paid an amount to the Minister for a taxation year under Division II.6.0.3 in respect of all or part of a wage expense incurred in performing a particular contract, or any contract derived therefrom, that may reasonably be considered to relate to a particular expenditure, even if it may reasonably be considered that all or a portion of a consideration paid or payable by a person under the particular contract relates to the particular expenditure and that the person may, for a taxation year, be deemed to have paid an amount to the Minister under Division II.6 or II.6.0.0.2 in respect of that particular expenditure.

The conditions to which the first paragraph refers are the following:

(a)  a particular certificate has been issued to the taxpayer by the Minister of Finance before 14 March 2000 for the purposes of any of Divisions II.6.0.1.4, II.6.0.1.5 and II.6.0.2, as they read before being repealed, or of Division II.6.0.3;

(b)  before 14 March 2000, the taxpayer paid wages, in performing a particular contract entered into before that date, that may reasonably be considered to relate to a particular expenditure; and

(c)  it may reasonably be considered that all or a portion of a consideration paid or payable by a person under the particular contract referred to in subparagraph b relates to the particular expenditure referred to in that subparagraph and that the person may, for a taxation year, be deemed to have paid an amount to the Minister under Division II.6 or II.6.0.0.2 in respect of that particular expenditure.

For the purposes of subparagraph a of the second paragraph, a particular certificate is,

(a)  where it has been issued for the purposes of Division II.6.0.1.4, as it read before being repealed, the certificate that was referred to in the first paragraph of section 1029.8.36.0.3.30;

(b)  where it has been issued for the purposes of Division II.6.0.1.5, as it read before being repealed, the certificate that was referred to in the first paragraph of section 1029.8.36.0.3.40;

(c)  where it has been issued for the purposes of Division II.6.0.2, as it read before being repealed, the certificate referred to in paragraph a of section 771.12; and

(d)  where it has been issued for the purposes of Division II.6.0.3, the certificate referred to in paragraph a of section 771.12 or the certificate referred to in the first paragraph of section 1029.8.36.0.22.

2001, c. 51, s. 89; 2003, c. 9, s. 173.

1029.6.0.1.5. Where a taxpayer is a corporation control of which was acquired by a person or group of persons at any time after 13 March 2000, section 1029.6.0.1.4 does not apply to the taxpayer for any taxation year that ends after that time.

2001, c. 51, s. 89; 2003, c. 9, s. 174.

1029.6.0.1.6. (Repealed).

2002, c. 40, s. 102; 2010, c. 25, s. 118.

1029.6.0.1.7. For the purpose of determining whether a particular corporation is deemed to have paid an amount to the Minister under this chapter for a taxation year, the following rules apply:

(a)  the shares of the capital stock of the particular corporation that are owned or deemed under this section to be owned by a partnership, at any time, are deemed to be owned, at that time, by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time;

(b)  the particular corporation is deemed to be controlled by members of the partnership referred to in paragraph a that form a particular group at any time, where more than 50% of the voting shares of the particular corporation’s capital stock are deemed, under that paragraph a, to be owned by the members of that group at that time;

(c)  if, at any time, a partnership has any direct or indirect influence that, if exercised, would result in control in fact of the particular corporation, the partnership is deemed to be a corporation whose taxation year corresponds to the partnership’s fiscal period and all the voting shares in the capital stock of which are owned at that time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time; and

(d)  the partnership that is deemed to be a corporation under paragraph c is deemed to be controlled by persons that form a particular group at any time where more than 50% of the voting shares of the partnership’s capital stock are deemed, under that paragraph c, to be owned by the members of that group at that time.

2004, c. 21, s. 255; 2009, c. 15, s. 195.

1029.6.0.1.8. For the purposes of Divisions II, II.1, II.2.1, II.3, II.3.0.1, II.6 to II.6.0.0.5, II.6.0.1.2 to II.6.0.4, II.6.2, II.6.5, II.6.6.1 to II.6.6.7, II.6.9, II.6.13, II.6.14.1 and II.6.15 and for the purpose of determining the salaries or wages a person, a partnership or any other entity has incurred or paid in respect of the person’s, partnership’s or entity’s employees for a particular period for particular activities or duties, the Minister may take into account the remuneration that would not otherwise be included in those salaries or wages that the person, partnership or entity has incurred or paid in respect of an employee while the employee was temporarily absent from the employee’s employment for reasons the Minister considers reasonable.

2005, c. 23, s. 144; 2007, c. 12, s. 108; 2009, c. 15, s. 196; 2010, c. 5, s. 138; 2010, c. 25, s. 119.

1029.6.0.1.8.1. If, at a particular time after 21 April 2005, a person or partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of a benefit or advantage that, for the purpose of computing an amount, in this section referred to as the “credit amount”, that a taxpayer is deemed to have paid to the Minister for any given taxation year under a particular provision of this chapter, or is deemed to have overpaid to the Minister, in relation to any given taxation year, under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), was taken into account in computing a cost, an expenditure or expenses, or the taxpayer’s share of a cost, an expenditure or expenses, the following rules apply:

(a)  if the cost, expenditure or expenses were incurred by the taxpayer, the provision of this chapter that applies in respect of the repayment by the taxpayer of an amount of government assistance or non-government assistance relating to the cost, expenditure or expenses, also applies in respect of the repayment of the benefit or advantage as if

i.  the particular amount were an amount paid by the taxpayer at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii.  for the purpose of computing the credit amount for the given taxation year, or in relation to that year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the cost, expenditure or expenses, was received by the taxpayer;

(b)  if the cost, expenditure or expenses were incurred by a particular partnership of which the taxpayer is a member and

i.  the benefit or advantage was obtained by a partnership or by a person other than the person referred to in subparagraph ii, the provision of this chapter that applies in respect of the repayment by the particular partnership of an amount of government assistance or non-government assistance relating to the cost, expenditure or expenses, also applies in respect of the repayment of the benefit or advantage as if

(1)  the particular amount were an amount paid by the particular partnership at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

(2)  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the cost, expenditure or expenses, was received by the particular partnership, or

ii.  the benefit or advantage was obtained by the taxpayer or by a person with whom the taxpayer is not dealing at arm’s length, the provision of this chapter that applies in respect of the repayment by the taxpayer of an amount of government assistance or non-government assistance relating to the cost, expenditure or expenses, also applies in respect of the repayment of the benefit or advantage as if

(1)  the particular amount were an amount paid by the taxpayer at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

(2)  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the cost, expenditure or expenses, was received by the taxpayer;

(c)  if the cost, expenditure or expenses were incurred by a corporation with which the taxpayer is associated at the end of the calendar year that ends in the given taxation year, the provision of this chapter that applies in respect of the repayment by the corporation of an amount of government assistance or non-government assistance relating to the cost, expenditure or expenses, also applies in respect of the repayment of the benefit or advantage as if

i.  the particular amount were an amount paid by the corporation at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii.  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the cost, expenditure or expenses, was received by the corporation;

(d)  the assumptions that, because of the application of subparagraph a or c, or of subparagraph i or ii of subparagraph b, were made in respect of the benefit or advantage must be taken into account for the purpose of applying, in relation to the taxpayer, the provision to which that subparagraph a or c or that subparagraph i or ii refers, in respect of the repayment, after that time, of government assistance or non-government assistance or of another benefit or advantage, relating to the cost, expenditure or expenses, or to such a cost, such an expenditure or such expenses; and

(e)  if the taxpayer is deemed, because of the application of subparagraph a or of subparagraph i or ii of subparagraph b, to have paid an amount to the Minister, for a taxation year, under the provision of this chapter to which that subparagraph a or that subparagraph i or ii refers, the taxpayer is, for the purposes of this chapter, deemed to be so deemed in relation to an amount of non-government assistance that is repaid.

For the purposes of the first paragraph in respect of the repayment of a benefit or advantage that reduced, in computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year under any of sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.9.0.3, 1029.8.9.0.4, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, the amount of the wages, of the portion of the consideration, of the qualified expenditure, of the eligible fee or of the eligible fee balance, as the case may be, no account is to be taken of subparagraphs c to e of the first paragraph and its subparagraph b is to be read as follows:

“(b) if the cost, expenditure or expenses were incurred by a partnership of which the taxpayer is a member, the provision of this chapter that applies in respect of the repayment by the partnership of an amount of government assistance or non-government assistance relating to the cost, expenditure or expenses, also applies in respect of the repayment of the benefit or advantage as if

i. the particular amount were an amount paid by the partnership at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii. for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the cost, expenditure or expenses, was received by the partnership.”

For the purposes of the first paragraph in respect of the repayment of a benefit or advantage that reduced, in computing the amount that a taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.33.6 or 1029.8.33.7, the taxpayer’s qualified expenditure or the taxpayer’s share of such a qualified expenditure, the first paragraph is to be read

(a)  as if the following subparagraph was added after subparagraph ii of subparagraph a:

“iii. subparagraph i of paragraph b of section 1029.8.33.2.1 were read as follows:

“i. the quotient obtained by dividing the amount that the taxpayer is deemed to have paid to the Minister for that year under section 1029.8.33.6 in respect of the trainee in relation to the particular week by the percentage specified in the first paragraph of section 1029.8.33.6 that is applicable in respect of the taxpayer for the particular year, and”;”;

(b)  as if the following subparagraph was added after subparagraph 2 of subparagraph i of subparagraph b:

“(3) subparagraph i of paragraph b of section 1029.8.33.2.1 were read as follows:

“i. the quotient obtained by dividing the amount that the taxpayer is deemed to have paid to the Minister for the particular year under section 1029.8.33.7 in respect of the trainee in relation to the particular week by the product obtained by multiplying

(1) the percentage specified in the first paragraph of section 1029.8.33.7 that is applicable in respect of the taxpayer for the particular year, and

(2) the agreed proportion in respect of the taxpayer for the partnership’s fiscal period ended in the particular year, and”, or”; and

(c)  as if the following subparagraph was added after subparagraph 2 of subparagraph ii of subparagraph b:

“(3) paragraph b of section 1029.8.33.2.2 were read as follows:

“(b) the amount by which the eligible taxpayer’s share, determined in accordance with section 1029.8.33.7 and without reference to section 1029.8.33.7.1, of the particular qualified expenditure exceeds the aggregate of

i. the quotient obtained by dividing the amount that the taxpayer is deemed to have paid to the Minister for that taxation year under section 1029.8.33.7 in respect of the particular qualified expenditure by the percentage specified in the first paragraph of section 1029.8.33.7 that is applicable in respect of the taxpayer for the taxation year in which the particular fiscal period ended, and

ii. the amounts determined under this section, in respect of the taxpayer and in respect of the particular qualified expenditure, for a taxation year previous to the particular taxation year.”;”.

2006, c. 36, s. 103; 2007, c. 12, s. 109; 2009, c. 15, s. 197.

1029.6.0.1.8.2. For the purposes of the first paragraph of section 1029.6.0.1.8.1, an amount is deemed to be an amount paid as the repayment of a benefit or advantage by a person or partnership at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced a cost, an expenditure or expenses for the purpose of computing an amount that a taxpayer is deemed to have paid to the Minister for a taxation year under a provision of this chapter or is deemed to have overpaid to the Minister, in relation to a taxation year, under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5);

(b)  was not obtained by the person or partnership; and

(c)  ceased, at that time, to be an amount that the person or partnership may reasonably expect to obtain.

2006, c. 36, s. 103.

1029.6.0.1.8.3. For the purpose of determining the amount that is deemed to have been paid to the Minister for a taxation year under this chapter, in respect of a cost, an expenditure or expenses incurred by a given partnership in a given fiscal period of the given partnership, the following rules apply in respect of a taxpayer if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the taxpayer and the given partnership:

(a)  the taxpayer is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the taxpayer’s taxation year in which ends the fiscal period of the interposed partnership of which the taxpayer is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the taxpayer is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period;

(b)  for the purpose of determining the taxpayer’s share in an amount in respect of the given partnership for the given fiscal period, the agreed proportion in respect of the taxpayer for that fiscal period of the given partnership is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the taxpayer for the interposed fiscal period of the interposed partnership of which the taxpayer is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period;

(c)  if, at a particular time that occurs on or before the day that is six months after the end of the given fiscal period, an interposed partnership has received, is entitled to receive or may reasonably expect to receive, an amount of government assistance or non-government assistance, in respect of the cost, the expenditure or the expenses incurred by the given partnership, or is deemed under this paragraph to have received, to be entitled to receive or to reasonably expect to receive such an amount, each of the members of that interposed partnership at the end of the interposed partnership’s interposed fiscal period, is deemed at the particular time to have received, to be entitled to receive or to reasonably expect to receive, as the case may be, the member’s share in that amount, which share is equal to the agreed proportion of that amount in respect of that member for that fiscal period of the interposed partnership.

2009, c. 15, s. 198.

1029.6.0.1.8.4. For the purpose of determining the amount that is deemed to have been paid to the Minister for a taxation year under this chapter, in respect of the repayment, in a fiscal period of a given partnership (in this section referred to as the “fiscal period of repayment”), of an amount of government assistance or non-government assistance that relates to a cost, an expenditure or expenses that have been incurred by the given partnership in a preceding fiscal period of the given partnership, the following rules apply in respect of a taxpayer if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the taxpayer and the given partnership, for the fiscal period of repayment:

(a)  the taxpayer is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the taxpayer’s taxation year in which ends the fiscal period of the interposed partnership of which the taxpayer is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the taxpayer is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period;

(b)  the agreed proportion in respect of the taxpayer for the given partnership’s fiscal period of repayment is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the taxpayer for the interposed fiscal period of the interposed partnership of which the taxpayer is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s fiscal period of repayment, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period;

(c)  if, at a particular time in the fiscal period of repayment, an interposed partnership pays, or is deemed to pay under this paragraph, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that has been received, in respect of the cost, the expenditure or the expenses incurred by the given partnership, each of the members of that interposed partnership at the end of the interposed partnership’s interposed fiscal period, is deemed to have paid, at the particular time, pursuant to a legal obligation and as repayment of an amount of assistance, the member’s share in that amount, which share is equal to the agreed proportion of that amount in respect of that member for that fiscal period of the interposed partnership; and

(d)  if, at a particular time in the fiscal period of repayment, an amount of government assistance or non-government assistance to be received, in respect of the cost, the expenditure or the expenses incurred by the given partnership, is, or is deemed to be under this paragraph, an amount that has not been received by an interposed partnership and that has ceased to be an amount that it could reasonably expect to receive, the share in that amount of assistance of each of the members of that interposed partnership at the end of the interposed partnership’s interposed fiscal period—which share is equal to the agreed proportion of that amount of assistance in respect of that member for that fiscal period of the interposed partnership—is deemed to be, at the particular time, an amount that has not been received by that member and that has ceased to be an amount that that member could reasonably expect to receive.

2009, c. 15, s. 198.

1029.6.0.1.8.5. Sections 1029.6.0.1.8.3 and 1029.6.0.1.8.4 do not apply in respect of a taxpayer, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the taxpayer and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the taxpayer to be deemed to have paid to the Minister for a taxation year under this chapter, an amount greater than the amount that would have been so deemed to have been paid to the Minister for that taxation year, but for that interposition.

2009, c. 15, s. 198.

1029.6.0.1.9. A taxpayer who is deemed, under a provision of this chapter, to have paid an amount to the Minister on the taxpayer’s balance-due day for a taxation year, in relation to an amount of government assistance or non-government assistance that is repaid, is deemed, despite the provision and for the purpose of computing the payments that the taxpayer is required to make during the year under section 1025 or 1026, subparagraph a of the first paragraph of section 1027 or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed, under such a provision, to have paid to the Minister on the taxpayer’s balance-due day for the year, in relation to an amount so repaid, exceeds the portion of that aggregate that may reasonably be considered to be deemed to have been paid to the Minister under this section in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this section, to have been paid to the Minister on that date, for the purpose of computing that payment.

2006, c. 13, s. 93; 2006, c. 36, s. 104.

1029.6.0.2. (Repealed).

1997, c. 14, s. 183; 2003, c. 9, s. 175.

1029.6.0.3. (Repealed).

1997, c. 14, s. 183; 2003, c. 9, s. 175.

1029.6.0.4. (Repealed).

1997, c. 14, s. 183; 2003, c. 9, s. 175.

1029.6.0.5. (Repealed).

1997, c. 14, s. 183; 2003, c. 9, s. 175.

DIVISION I.1.1 ANNUAL ADJUSTMENT OF CERTAIN AMOUNTS

2001, c. 51, s. 90.

1029.6.0.6. Each of the amounts referred to in the fourth paragraph shall, where it is to be used for a taxation year subsequent to the taxation year 2004, be adjusted annually in such a manner that the amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A/B) - 1.

In the formula provided for in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the first paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

The amounts to which the first and fifth paragraphs refer are

(a)  the amount of $50,000 mentioned in section 1029.8.61.5;

(a.1)  the amounts of $550 and $450 mentioned in section 1029.8.61.64;

(b)  the amount of $20,000 mentioned in section 1029.8.61.64;

(b.1)  the amount of $50,000 mentioned in section 1029.8.61.76;

(c)  the amount of $6,890 mentioned in section 1029.8.67;(*)

(d)  the amounts between $31,520 and $140,450 mentioned in section 1029.8.80;(*)

(e)  the amounts between $31,520 and $138,100 mentioned in section 1029.8.80.3;(*)

(f)  the amount of $27,635 mentioned in sections 1029.8.101 and 1029.8.110;

(g)  the amounts of $110 and $163, wherever they are mentioned in section 1029.8.105;

(h)  the amounts of $26 and $61, wherever they are mentioned in section 1029.8.114;

(i)  (subparagraph repealed);

(j)  the amount of $2,500 mentioned in section 1029.8.117;

(k)  the amount of $1,000 mentioned in section 1029.8.118;

(l)  the amount of $18,600 mentioned in section 1029.8.118;

(m)  the amounts of $37,500 and $75,000, wherever they are mentioned in paragraphs a and b of the definition of “increase amount” in the first paragraph of section 1029.8.126; and

(n)  the amount of $500 mentioned in sections 1029.9.1 and 1029.9.2.

For the purposes of the first paragraph in respect of an amount to be used for the taxation year 2005, the amounts referred to in subparagraphs c to i and l of the fourth paragraph are deemed to be the amounts used for the taxation year 2004.

2001, c. 51, s. 90; 2005, c. 1, s. 214; 2005, c. 38, s. 235; 2006, c. 36, s. 105; 2009, c. 5, s. 428; 2009, c. 15, s. 199.

(*): when section 1029.6.0.6 of this Act applies to the taxation year 2009, it is to be read without reference to subparagraphs c, d and e of its fourth paragraph. (2009, c. 15, s. 199, subs. 3).

1029.6.0.6.1. (Repealed).

2004, c. 21, s. 256; 2005, c. 1, s. 215.

1029.6.0.7. If the amount that results from the adjustment provided for in section 1029.6.0.6, in respect of the amounts mentioned in subparagraphs a, b to f, j, l and m of the fourth paragraph of that section, is not a multiple of $5, it shall be rounded to the nearest multiple of $5 or, if it is equidistant from two such multiples, to the higher thereof.

If the amount that results from the adjustment provided for in section 1029.6.0.6, in respect of the amounts mentioned in subparagraphs a.1, g, h, k and n of the fourth paragraph of that section, is not a multiple of $1, it shall be rounded to the nearest multiple of $1 or, if it is equidistant from two such multiples, to the higher thereof.

2001, c. 51, s. 90; 2004, c. 21, s. 257; 2005, c. 1, s. 216; 2005, c. 38, s. 236; 2009, c. 5, s. 429; 2009, c. 15, s. 200.

DIVISION II CREDIT FOR SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT

1983, c. 44, s. 43; 1987, c. 67, s. 183.

1029.6.1. In this division,

“controlled corporation” means

(a)  a corporation that is controlled, directly or indirectly in any manner whatever, by an entity, a person or a combination of entities or persons referred to in any of paragraphs a to e of section 1029.8.5.3; or

(b)  a corporation that, in the 24 months preceding the date on which a contract referred to in any of subparagraphs b to i of the first paragraph of section 1029.7 or 1029.8 is entered into or at a later time determined by the Minister, is controlled, directly or indirectly in any manner whatever, by an entity, a person or a combination of entities or persons referred to in any of paragraphs a to e of section 1029.8.5.3;

“tax-exempt corporation” means a corporation that

(a)  is exempt from tax under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on its total taxable income by reason of section 999.0.1;

(b)  would be exempt from tax under section 985 but for section 192; or

(c)  is a controlled corporation or a corporation related to a controlled corporation;

“tax-exempt taxpayer” means a tax-exempt corporation or a trust one of the capital or income beneficiaries of which is a tax-exempt corporation or a person exempt from tax by virtue of Book VIII of this Part.

1993, c. 19, s. 91; 1995, c. 63, s. 119; 1997, c. 3, s. 71; 2000, c. 5, s. 246; 2004, c. 21, s. 258; 2007, c. 12, s. 110.

1029.7. A taxpayer, other than a tax-exempt taxpayer, who carries on a business in Canada, who undertakes scientific research and experimental development related to a business of the taxpayer, in Québec, or causes such research and development to be undertaken in Québec on the taxpayer’s behalf as part of a contract, and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, for the taxation year in which the research and development was undertaken is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 17.5% of the aggregate of

(a)  the wages paid by the taxpayer in respect of the research and development undertaken in the year to his employees of an establishment situated in Québec;

(b)  where the taxpayer has not made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid under the contract by the taxpayer in respect of the research and development undertaken on the taxpayer’s behalf in the year to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to wages paid to employees of an establishment of that person or partnership situated in Québec, or that could be so attributed if that person or partnership had such employees;

(b.1)  where the taxpayer has made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid under the contract by the taxpayer in respect of the research and development undertaken on the taxpayer’s behalf in the year to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to that portion of an expenditure incurred for salary or wages of employees of an establishment of that person or partnership situated in Québec who are directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employees thereon, and, for this purpose, where the employees spend all or substantially all of their working time on such scientific research and experimental development, that portion of the expenditure is deemed to be equal to the amount of the expenditure, or that could be so attributed if that person or partnership had such employees;

(c)  one-half of that portion of the consideration paid under the contract by the taxpayer to a person or partnership with whom or with which he was dealing at arm’s length at the time the contract was entered into, that may reasonably be attributed to such research and development undertaken on his behalf in the year by the employees of an establishment of that person or partnership situated in Québec or that could be so attributed if the person or partnership had such employees;

(d)  where the taxpayer has not made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which the taxpayer causes scientific research and experimental development to be undertaken on the taxpayer’s behalf, for work undertaken in the year, relating to the research and development undertaken in any taxation year, to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that person or partnership situated in Québec, or that could be so attributed if that person or partnership had such employees;

(d.1)  where the taxpayer has made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which the taxpayer causes scientific research and experimental development to be undertaken on the taxpayer’s behalf, for work undertaken in the year, relating to the research and development undertaken in any taxation year, to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that person or partnership situated in Québec, or that could be so attributed if that person or partnership had such employees;

(e)  one-half of that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which he causes scientific research and experimental development to be undertaken on his behalf, for work relating to such research and development undertaken in any taxation year, to a person or partnership with whom or with which he was dealing at arm’s length at the time the particular contract was entered into, that may reasonably be attributed to work undertaken in the year by the employees of an establishment of that person or partnership situated in Québec or that could be so attributed if the person or partnership had such employees;

(f)  where the taxpayer has not made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid under the contract by the taxpayer in respect of the research and development undertaken on the taxpayer’s behalf in the year to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or partnership, under a particular contract, in respect of that research and development, to another person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees;

(f.1)  where the taxpayer has made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid under the contract by the taxpayer in respect of the research and development undertaken on the taxpayer’s behalf in the year to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or partnership, under a particular contract, in respect of that research and development, to another person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to that portion of an expenditure incurred for salary or wages of employees of an establishment of that other person or partnership situated in Québec who or which are directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employees thereon, and, for this purpose, where the employees spend all or substantially all their working time on such scientific research and experimental development, that portion of the expenditure is deemed to be equal to the amount of the expenditure, or that could be so attributed if the other person or partnership had such employees;

(g)  one-half of that portion of the consideration paid under the contract by the taxpayer to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or partnership, under a particular contract, to another person or partnership with whom or with which the taxpayer was dealing at arm’s length at the time the particular contract was entered into, that may reasonably be attributed to such research and development undertaken on the taxpayer’s behalf in the year by the employees of an establishment of that other person or partnership situated in Québec or that could be so attributed if that other person or partnership had such employees;

(h)  where the taxpayer has not made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which the taxpayer causes scientific research and experimental development to be undertaken on the taxpayer’s behalf, for work undertaken in the year, relating to the research and development undertaken in any taxation year, to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or partnership, under another particular contract, to another person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the other particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees;

(h.1)  where the taxpayer has made an election under subparagraph c of the first paragraph of section 230 for the year, that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which the taxpayer causes scientific research and experimental development to be undertaken on the taxpayer’s behalf, for work undertaken in the year, relating to the research and development undertaken in any taxation year, to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or partnership, under another particular contract, to another person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the other particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees; and

(i)  one-half of that portion of the consideration paid by the taxpayer under a particular contract, other than a contract by which the taxpayer causes scientific research and experimental development to be undertaken on the taxpayer’s behalf, for work relating to such research and development undertaken in any taxation year, to a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or partnership, under another particular contract, to another person or partnership with whom or with which the taxpayer was dealing at arm’s length at the time the other particular contract was entered into, that may reasonably be attributed to the work undertaken in the year by the employees of an establishment of that other person or partnership situated in Québec or that could be so attributed if that other person or partnership had such employees.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the wages and consideration paid by the taxpayer referred to therein include only the wages and consideration that

(a)  constitute, for the taxpayer, an expenditure referred to in subsection 1 of section 222 or in paragraph a of section 223;

(b)  do not constitute

i.  all or part of an amount that can reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of a university research contract within the meaning of paragraph b of section 1029.8.1 or of an eligible research contract within the meaning of paragraph a.2 of the said section, in respect of which section 1029.8.6 applies,

ii.  all or part of an amount that can reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of an agreement in respect of which section 1029.8.10 or 1029.8.16.1.4 applies,

iii.  (subparagraph repealed),

iv.  (subparagraph repealed),

v.  an expenditure described in section 230.0.0.2;

vi.  an expenditure specified by the taxpayer for the purposes of clause A of subparagraph ii of paragraph a of subsection 2 of section 194 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), where the taxpayer is a corporation;

vii.  an expenditure of a current nature incurred by or on behalf of a taxpayer in respect of the general administration or management of a business, including

(1)  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure,

(2)  a legal or accounting fee,

(3)  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179,

(4)  an entertainment expense,

(5)  an advertising or selling expense,

(6)  a conference or convention expense,

(7)  a due or fee in respect of membership in a scientific or technical organization, and

(8)  a fine or penalty;

viii.  an expenditure of a current nature incurred by or on behalf of a taxpayer for the maintenance and upkeep of premises, facilities or equipment to the extent that the expenditure is not attributable to the prosecution of scientific research and experimental development;

ix.  an expenditure of a capital nature incurred by or on behalf of a taxpayer to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

(1)  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development undertaken in Canada, and

(2)  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development undertaken in Canada;

x.  an expenditure of a capital nature incurred by or on behalf of a taxpayer to acquire property if the property has been used or acquired for use or lease, for any purpose whatever, before it was acquired;

xi.  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

xii.  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under sections 710 to 716.0.3 or 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

xiii.  an expenditure of a current or capital nature, to the extent that the taxpayer having incurred it or, where applicable, the person or partnership having incurred it on the taxpayer’s behalf has received or is entitled to receive a reimbursement in respect of the expenditure from a person resident in Canada, other than

(1)  the State or Her Majesty in right of Canada or a province, other than Québec,

(2)  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

(3)  a corporation, commission or association that is controlled, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

(4)  a municipality in Canada or a municipal or public body performing a function of government in Canada; and

xiv.  an expenditure of a current or capital nature, to the extent that the taxpayer having incurred it or, where applicable, the person or partnership having incurred it on the taxpayer’s behalf has received or is entitled to receive a reimbursement in respect of the expenditure from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing taxable income earned in Canada for a taxation year.

For the purposes of the first paragraph, that portion of the consideration paid by the taxpayer under a particular contract referred to in any of subparagraphs d, e, h and i of that paragraph shall be reduced by the amount of the consideration for the disposition of property to the taxpayer, other than a property resulting from scientific research and experimental development.

In this section, “wages” means the income computed under Chapters I and II of Title II of Book III.

1983, c. 44, s. 43; 1987, c. 67, s. 183; 1988, c. 4, s. 123; 1988, c. 18, s. 113; 1989, c. 5, s. 200; 1990, c. 7, s. 148; 1991, c. 8, s. 76; 1992, c. 1, s. 162; 1993, c. 19, s. 92; 1993, c. 64, s. 138; 1995, c. 1, s. 119; 1995, c. 63, s. 120; 1997, c. 3, s. 71; 1997, c. 14, s. 184; 1997, c. 31, s. 143; 1999, c. 83, s. 168; 2000, c. 39, s. 123; 2001, c. 53, s. 217; 2002, c. 40, s. 103; 2003, c. 9, s. 176; 2004, c. 21, s. 259; 2005, c. 1, s. 217; 2006, c. 13, s. 94; 2007, c. 12, s. 111; 2009, c. 5, s. 430.

1029.7.1. (Repealed).

1989, c. 5, s. 201; 1995, c. 63, s. 121.

1029.7.2. Where the taxpayer referred to in section 1029.7 is a corporation that has been, throughout the taxation year referred to in that section, a corporation that is not controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Canada and the assets shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its preceding taxation year or, where the corporation is in its first fiscal period, at the beginning of its first fiscal period, were less than $75,000,000, the percentage of 17.5% mentioned in that section shall be replaced by the percentage determined by the following formula, to the extent that it is applied to the aggregate referred to in the first paragraph of section 1029.7 which does not exceed the expenditure limit of the corporation for the year:

37.5% − {[(A − $50,000,000) × 20%] / $25,000,000}.

In the formula provided for in the first paragraph, A is the greater of $50,000,000 and the assets of the corporation determined as provided in this division.

Where the corporation referred to in the first paragraph is a cooperative, the first paragraph shall be read as if the reference therein to “submitted to the shareholders” were a reference to “submitted to the members”.

1989, c. 5, s. 201; 1990, c. 7, s. 149; 1995, c. 1, s. 120; 1995, c. 63, s. 122; 1997, c. 3, s. 71; 1997, c. 14, s. 185; 1997, c. 31, s. 100; 1997, c. 31, s. 151; 1997, c. 31, s. 152; 2000, c. 39, s. 124; 2004, c. 21, s. 260; 2006, c. 13, s. 95; 2007, c. 12, s. 112.

1029.7.3. For the purposes of section 1029.7.2, in computing the assets of a corporation at the time referred to therein, the amount representing the surplus reassessment of its property and the amount of its incorporeal assets shall be subtracted, to the extent that the amount indicated in their respect exceeds the expenditure made in their respect.

For the purposes of the first paragraph, where all or part of an expenditure made in respect of incorporeal assets consists of shares of the corporation’s or cooperative’s capital stock, all or the part of the expenditure, as the case may be, is deemed to be nil.

1989, c. 5, s. 201; 1995, c. 63, s. 123; 1997, c. 3, s. 71; 1997, c. 14, s. 186; 2005, c. 1, s. 218.

1029.7.4. For the purposes of section 1029.7.2, the assets of a corporation that is associated in a taxation year with one or more other corporations is equal to the amount by which the aggregate of the assets of the corporation and of each corporation associated with it, as determined under sections 1029.7.2 and 1029.7.3, exceeds the aggregate of the amount of investments the corporations own in each other and the balance of accounts between the corporations.

1989, c. 5, s. 201; 1997, c. 3, s. 55.

1029.7.5. (Repealed).

1989, c. 5, s. 201; 1997, c. 3, s. 71; 1997, c. 14, s. 187.

1029.7.5.1. (Repealed).

1995, c. 63, s. 124; 1997, c. 3, s. 71; 1997, c. 14, s. 188.

1029.7.6. For the purposes of sections 1029.7.2 to 1029.7.4, where a corporation or a corporation associated with it reduces its assets by any transaction in a taxation year and, but for that reduction, the corporation would not be contemplated in section 1029.7.2, the assets are deemed not to have been so reduced unless the Minister decides otherwise.

1989, c. 5, s. 201; 1995, c. 63, s. 125; 1997, c. 3, s. 71; 1997, c. 14, s. 189.

1029.7.7. For the purposes of section 1029.7.2, the expenditure limit of a particular corporation for a taxation year equals $3,000,000, unless the particular corporation is associated in the year with one or more other corporations that are not controlled, directly or indirectly, in any manner whatever by one or more persons not resident in Canada, in which case, subject to sections 1029.7.8 to 1029.7.10, its expenditure limit for the year is nil.

1989, c. 5, s. 201; 1990, c. 7, s. 150; 1997, c. 3, s. 71; 2004, c. 21, s. 261; 2009, c. 15, s. 201.

1029.7.8. Notwithstanding section 1029.7.7, where all of the corporations that are not controlled, directly or indirectly, in any manner whatever by one or more persons not resident in Canada and that are associated with each other in a taxation year have filed with the Minister, in prescribed form, an agreement whereby, for the purposes of section 1029.7.2, they allocate an amount to one or more of them for the taxation year and the amount or the aggregate of the amounts so allocated, as the case may be, equals $3,000,000, the expenditure limit for the year of each of the corporations is equal to the amount so allocated to it.

1989, c. 5, s. 201; 1990, c. 7, s. 150; 1997, c. 3, s. 71; 2004, c. 21, s. 262; 2009, c. 15, s. 202.

1029.7.9. If any of the corporations that are not controlled, directly or indirectly, in any manner whatever by one or more persons not resident in Canada and that are associated with each other in a taxation year fails to file with the Minister the agreement referred to in section 1029.7.8 within 30 days after notice in writing by the Minister is forwarded to any of them that such an agreement is required in determining the amount deemed to have been paid to the Minister on account of the corporation’s tax payable for the year under this Part, the Minister shall, for the purposes of section 1029.7.2, allocate an amount to one or more of them for the year, which amount or the aggregate of which amounts, as the case may be, shall equal $3,000,000, and in any such case, despite section 1029.7.7, the expenditure limit for the year of each of the corporations equals the amount so allocated to it.

1989, c. 5, s. 201; 1990, c. 7, s. 150; 1997, c. 3, s. 71; 2004, c. 21, s. 263; 2006, c. 36, s. 106; 2009, c. 15, s. 203.

1029.7.9.1. For the purposes of sections 1029.7.7 to 1029.7.9, if the taxation year of the particular corporation referred to in section 1029.7.7 includes 13 March 2008, the amount of $3,000,000 mentioned in each of those sections is to be replaced by an amount equal to the aggregate of

(a)  the amount obtained by multiplying $2,000,000 by the proportion that the number of days in the taxation year that precede 14 March 2008 is of the number of days in the taxation year; and

(b)  the amount obtained by multiplying $3,000,000 by the proportion that the number of days in the taxation year that follow 13 March 2008 is of the number of days in the taxation year.

2009, c. 15, s. 204.

1029.7.10. Notwithstanding any other provision of this division

(a)  where a corporation that is not controlled, directly or indirectly, in any manner whatever by one or more persons not resident in Canada, called “the first corporation” in this section, has more than one taxation year ending in the same calendar year and it is associated in two or more of those taxation years with another such corporation that has a taxation year ending in that calendar year, the expenditure limit of the first corporation for each taxation year in which it is associated with the other corporation ending in that calendar year is, subject to paragraph b, an amount equal to its expenditure limit for the first such taxation year determined without reference to paragraph b; and

(b)  where a corporation that is not controlled, directly or indirectly, in any manner whatever by one or more persons not resident in Canada has a taxation year that is less than 51 weeks, its expenditure limit for the year is that proportion of its expenditure limit for the year determined without reference to this paragraph that the number of days in the year is of 365.

1989, c. 5, s. 201; 1990, c. 7, s. 151; 1997, c. 3, s. 71.

1029.8. Where a partnership carries on a business in Canada and undertakes scientific research and experimental development related to a business of the partnership, in Québec, or causes such research and development to be undertaken in Québec on its behalf as part of a contract, every taxpayer, other than a tax-exempt taxpayer, who is a member of the partnership at the end of a fiscal period of the partnership in which the research and development was undertaken, who is not a specified member of the partnership in that fiscal period and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, for the taxpayer’s taxation year in which the fiscal period ends, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable for that year under this Part, 17.5% of the taxpayer’s share of an amount equal to the aggregate of

(a)  the wages paid by the partnership in respect of the research and development undertaken in that fiscal period to its employees of an establishment situated in Québec;

(b)  where the partnership has not made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid under the contract by the partnership in respect of the research and development undertaken on its behalf in that fiscal period to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to wages paid to employees of an establishment of that person or other partnership situated in Québec, or that could be so attributed if the person or the other partnership had such employees;

(b.1)  where the partnership has made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid under the contract by the partnership in respect of the research and development undertaken on its behalf in that fiscal period to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to that portion of an expenditure incurred for salary or wages of employees of an establishment of that person or other partnership situated in Québec who are directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employees thereon, and, for this purpose, where the employees spend all or substantially all of their working time on such scientific research and experimental development, that portion of the expenditure is deemed to be equal to the amount of the expenditure, or that could be so attributed if the person or the other partnership had such employees;

(c)  one-half of that portion of the consideration paid under the contract by the partnership to a person or another partnership with whom or with which all the members of the partnership were dealing at arm’s length at the time the contract was entered into, that may reasonably be attributed to such research and development undertaken on its behalf in that fiscal period by the employees of an establishment of that person or other partnership situated in Québec or that could be so attributed if that person or other partnership had such employees;

(d)  where the partnership has not made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid by the partnership under a particular contract, other than a contract by which the partnership causes scientific research and experimental development to be undertaken on its behalf, for work undertaken in the fiscal period, relating to the research and development undertaken in any fiscal period, to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that person or other partnership situated in Québec, or that could be so attributed if the person or the other partnership had such employees;

(d.1)  where the partnership has made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid by the partnership under a particular contract, other than a contract by which the partnership causes scientific research and experimental development to be undertaken on its behalf, for work undertaken in the fiscal period, relating to the research and development undertaken in any fiscal period, to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that person or other partnership situated in Québec, or that could be so attributed if the person or the other partnership had such employees;

(e)  one-half of that portion of the consideration paid by the partnership under a particular contract, other than a contract by which it causes scientific research and experimental development to be undertaken on its behalf, for work relating to such research and development undertaken in any fiscal period, to a person or another partnership with whom or with which all its members were dealing at arm’s length at the time the particular contract was entered into, that may reasonably be attributed to work undertaken in that fiscal period by the employees of an establishment of that person or other partnership situated in Québec or that could be so attributed if the person or other partnership had such employees;

(f)  where the partnership has not made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid under the contract by the partnership in respect of the research and development undertaken on its behalf in that fiscal period to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or that other partnership, under a particular contract, in respect of that research and development, to another person or partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees;

(f.1)  where the partnership has made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid under the contract by the partnership in respect of the research and development undertaken on its behalf in the fiscal period to a person or partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or that other partnership, under a particular contract, in respect of that research and development, to another person or partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into and who or which has undertaken all or part of the research and development, that may reasonably be attributed to that portion of an expenditure incurred for salary or wages of employees of an establishment of that other person or partnership situated in Québec who or which are directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employees thereon, and, for this purpose, where the employees spend all or substantially all their working time on such scientific research and experimental development, that portion of the expenditure is deemed to be equal to the amount of the expenditure, or that could be so attributed if the other person or partnership had such employees;

(g)  one-half of that portion of the consideration paid under the contract by the partnership to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the contract was entered into, and paid again by that person or that other partnership, under a particular contract, to another person or partnership with whom or with which all the members of the partnership were dealing at arm’s length at the time the particular contract was entered into, that may reasonably be attributed to such research and development undertaken on its behalf in that fiscal period by the employees of an establishment of that other person or partnership situated in Québec or that could be so attributed if that other person or partnership had such employees;

(h)  where the partnership has not made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid by the partnership under a particular contract, other than a contract by which the partnership causes scientific research and experimental development to be undertaken on its behalf, for work undertaken in the fiscal period, relating to the research and development undertaken in any fiscal period, to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or that other partnership, under another particular contract, to another person or partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the other particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees;

(h.1)  where the partnership has made an election under subparagraph c of the first paragraph of section 230 for the fiscal period, that portion of the consideration paid by the partnership under a particular contract, other than a contract by which the partnership causes scientific research and experimental development to be undertaken on its behalf, for work undertaken in the fiscal period, relating to the research and development undertaken in any fiscal period, to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or that other partnership, under another particular contract, to another person or partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the other particular contract was entered into and who or which has undertaken all or part of the work, that may reasonably be attributed to wages paid to employees of an establishment of that other person or partnership situated in Québec, or that could be so attributed if the other person or partnership had such employees; and

(i)  one-half of that portion of the consideration paid by the partnership under a particular contract, other than a contract by which the partnership causes scientific research and experimental development to be undertaken on its behalf, for work relating to such research and development undertaken in any fiscal period, to a person or another partnership with whom or with which a member of the partnership was not dealing at arm’s length at the time the particular contract was entered into, and paid again by that person or that other partnership, under another particular contract, to another person or partnership with whom or with which all the members of the partnership were dealing at arm’s length at the time the other particular contract was entered into, that may reasonably be attributed to the work undertaken in that fiscal period by the employees of an establishment of that other person or partnership situated in Québec or that could be so attributed if that other person or partnership had such employees.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the wages and consideration paid by a partnership include only the wages and consideration that

(a)  constitute, for the partnership, an expenditure referred to in subsection 1 of section 222 or in paragraph a of section 223;

(b)  do not constitute

i.  all or part of an amount that can reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of a university research contract within the meaning of paragraph b of section 1029.8.1 or of an eligible research contract within the meaning of paragraph a.2 of the said section, in respect of which section 1029.8.7 applies,

ii.  all or part of an amount that can reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of an agreement in respect of which section 1029.8.11 or 1029.8.16.1.5 applies,

iii.  (subparagraph repealed),

iv.  (subparagraph repealed),

v.  an expenditure described in section 230.0.0.2;

vi.  an expenditure of a current nature incurred by or on behalf of a partnership in respect of the general administration or management of a business, including

(1)  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure,

(2)  a legal or accounting fee,

(3)  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179,

(4)  an entertainment expense,

(5)  an advertising or selling expense,

(6)  a conference or convention expense,

(7)  a due or fee in respect of membership in a scientific or technical organization, and

(8)  a fine or penalty;

vii.  an expenditure of a current nature incurred by or on behalf of a partnership for the maintenance and upkeep of premises, facilities or equipment to the extent that the expenditure is not attributable to the prosecution of scientific research and experimental development;

viii.  an expenditure of a capital nature to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

(1)  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development undertaken in Canada, and

(2)  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development undertaken in Canada;

ix.  an expenditure of a capital nature incurred by or on behalf of a partnership to acquire property if the property has been used or acquired for use or lease, for any purpose whatever, before it was acquired;

x.  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

xi.  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under sections 710 to 716.0.3 or 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

xii.  an expenditure of a current or capital nature, to the extent that the partnership having incurred it or, where applicable, the person or another partnership having incurred it on the partnership’s behalf has received or is entitled to receive a reimbursement in respect of the expenditure from a person resident in Canada, other than

(1)  the State or Her Majesty in right of Canada or a province, other than Québec,

(2)  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

(3)  a corporation, commission or association that is controlled, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

(4)  a municipality in Canada or a municipal or public body performing a function of government in Canada; or

xiii.  an expenditure of a current or capital nature, to the extent that the partnership having incurred it or, where applicable, the person or another partnership having incurred it on the partnership’s behalf has received or is entitled to receive a reimbursement in respect of the expenditure from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing taxable income earned in Canada for a taxation year.

For the purposes of the first paragraph, that portion of the consideration paid by the partnership under a particular contract referred to in any of subparagraphs d, e, h and i of that paragraph shall be reduced by the amount of the consideration for the disposition of property to it, other than a property resulting from scientific research and experimental development.

For the purposes of the first paragraph, a taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

For the purpose of this section, “wages” means the income computed pursuant to Chapters I and II of Title II of Book III of this Part.

1984, c. 35, s. 29; 1987, c. 67, s. 184; 1988, c. 4, s. 124; 1988, c. 18, s. 114; 1989, c. 5, s. 202; 1990, c. 7, s. 152; 1992, c. 1, s. 163; 1993, c. 19, s. 93; 1993, c. 64, s. 139; 1995, c. 1, s. 121; 1995, c. 63, s. 126; 1997, c. 3, s. 71; 1997, c. 14, s. 190; 1997, c. 31, s. 143; 1999, c. 83, s. 169; 2000, c. 39, s. 125; 2001, c. 53, s. 218; 2002, c. 40, s. 104; 2003, c. 9, s. 177; 2004, c. 21, s. 264; 2005, c. 1, s. 219; 2006, c. 13, s. 96; 2007, c. 12, s. 113; 2009, c. 5, s. 431; 2009, c. 15, s. 205.

1029.8.0.0.1. A taxpayer shall not be deemed to have paid to the Minister an amount on account of the taxpayer’s tax payable for a taxation year under section 1029.7 or 1029.8 in respect of an expenditure that is a portion of a consideration referred to in subparagraph c, e, g or i of the first paragraph of that section, unless the taxpayer files with the Minister, on or before the day that is 12 months after the taxpayer’s filing-due date for the year, a statement in prescribed form referred to in the first paragraph of section 1029.6.0.1.2 containing the following information:

(a)  in the case of an expenditure that is a portion of a consideration referred to in subparagraph c or e of the first paragraph of section 1029.7 or 1029.8, as the case may be,

i.  the name of the person or partnership referred to therein with whom or with which the taxpayer or the partnership of which the taxpayer is a member has entered into the contract or particular contract referred to therein, as the case may be, the registration number assigned to that person or partnership in accordance with the Act respecting the Québec sales tax (chapter T-0.1) and, where that person is an individual, that person’s Social Insurance Number,

ii.  the total amount of the consideration provided for in the contract or particular contract referred to therein, as the case may be, in respect of the scientific research and experimental development or the work relating to that scientific research and experimental development, as the case may be, referred to in that section, and

iii.  the amount of the portion of the consideration provided for in the contract or particular contract referred to therein, as the case may be, that is paid in the year or, where the taxpayer is a member of a partnership, in the fiscal period of the partnership ending in the year, in respect of the scientific research and experimental development or the work relating to that scientific research and experimental development, as the case may be, referred to in that section;

(b)  in the case of an expenditure that is a portion of a consideration referred to in subparagraph g of the first paragraph of section 1029.7 or 1029.8, as the case may be,

i.  the name of the other person or partnership referred to therein with whom or with which the person or partnership with whom or with which a contract has been entered into by the taxpayer or the partnership of which the taxpayer is a member has entered into the particular contract referred to therein, the registration number assigned to that other person or partnership in accordance with the Act respecting the Québec sales tax and, where that other person is an individual, that other person’s Social Insurance Number,

ii.  the total amount of the consideration provided for in the particular contract referred to therein that is required to be paid to the other person or partnership and that relates to the scientific research and experimental development referred to in that section that the taxpayer or the partnership of which the taxpayer is a member causes to be undertaken on behalf of the taxpayer or the partnership of which the taxpayer is a member under the contract referred to therein that the taxpayer or the partnership of which the taxpayer is a member has entered into with the person or partnership referred to therein, and

iii.  the amount of the portion of the consideration provided for in the particular contract referred to therein that is paid in the year or, where the taxpayer is a member of a partnership, in the fiscal period of the partnership ending in the year, to the other person or partnership and that relates to the scientific research and experimental development referred to in that section that the taxpayer or the partnership of which the taxpayer is a member causes to be undertaken on behalf of the taxpayer or the partnership of which the taxpayer is a member under the contract referred to therein that the taxpayer or the partnership of which the taxpayer is a member has entered into with the person or partnership referred to therein;

(c)  in the case of an expenditure that is a portion of a consideration referred to in subparagraph i of the first paragraph of section 1029.7 or 1029.8, as the case may be,

i.  the name of the other person or partnership referred to therein with whom or with which the person or partnership with whom or with which a particular contract has been entered into by the taxpayer or the partnership of which the taxpayer is a member has entered into the other particular contract referred to therein, the registration number assigned to that other person or partnership in accordance with the Act respecting the Québec sales tax and, where that other person is an individual, that other person’s Social Insurance Number,

ii.  the total amount of the consideration provided for in the other particular contract referred to therein that is required to be paid to the other person or partnership and that relates to the work relating to the scientific research and experimental development referred to in that section that the taxpayer or the partnership of which the taxpayer is a member causes to be undertaken under the particular contract referred to therein that the taxpayer or the partnership of which the taxpayer is a member has entered into with the person or partnership referred to therein, and

iii.  the amount of the portion of the consideration provided for in the other particular contract referred to therein that is paid in the year or, where the taxpayer is a member of a partnership, in the fiscal period of the partnership ending in the year, to the other person or partnership and that relates to the work relating to the scientific research and experimental development referred to in that section that the taxpayer or the partnership of which the taxpayer is a member causes to be undertaken under the particular contract referred to therein that the taxpayer or partnership of which the taxpayer is a member has entered into with the person or partnership referred to therein.

1995, c. 63, s. 127; 1997, c. 3, s. 71; 1997, c. 14, s. 191; 1997, c. 31, s. 101; 1999, c. 83, s. 170; 2002, c. 9, s. 48; 2007, c. 12, s. 114.

1029.8.0.1. (Repealed).

1989, c. 5, s. 203; 1995, c. 63, s. 128.

1029.8.0.2. (Repealed).

1989, c. 5, s. 203; 1990, c. 7, s. 153; 1993, c. 19, s. 94; 1993, c. 64, s. 140; 1995, c. 63, s. 128.

DIVISION II.1 CREDIT FOR UNIVERSITY RESEARCH AND FOR RESEARCH CARRIED ON BY A PUBLIC RESEARCH CENTRE OR A RESEARCH CONSORTIUM

1988, c. 4, s. 125; 1992, c. 1, s. 164; 1993, c. 19, s. 95.

§ 1 . — Interpretation

1988, c. 4, s. 125.

1029.8.1. In this division and Division II.2,

(a)  (paragraph repealed);

(a.1)  “eligible public research centre” means a prescribed government research centre, a prescribed college centre for the transfer of technology or any other prescribed body;

(a.1.1)  “eligible research consortium” means a body in respect of which the Minister of Economic Development, Innovation and Export Trade has issued a certificate recognizing it as a research consortium for the purposes of this division, as well as any other prescribed body;

(a.2)  “eligible research contract” means a contract entered into after 2 May 1991 between a taxpayer or partnership carrying on a business in Canada or a prescribed linkage agency acting for the benefit of such a taxpayer or partnership in accordance with an agreement entered into between the taxpayer or partnership, as the case may be, and the linkage agency, and an eligible public research centre, or after 14 May 1992 between such a taxpayer, partnership or agency and an eligible research consortium under which the eligible public research centre or the eligible research consortium, as the case may be, binds itself to undertake directly, in Québec, within the scope of its activities, scientific research and experimental development related to a business of the taxpayer or partnership, as the case may be, where the latter are entitled to exploit the results thereof;

(b)  “university research contract” means a contract entered into after 30 April 1987 between a taxpayer or partnership carrying on a business in Canada or a prescribed linkage agency acting for the benefit of such a taxpayer or partnership in accordance with an agreement entered into between the taxpayer or partnership, as the case may be, and the linkage agency, and an eligible university entity under which the eligible university entity binds itself to undertake directly, in Québec, scientific research and experimental development related to a business of the taxpayer or partnership where the latter are entitled to exploit the results thereof;

(b.1)  “tax-exempt taxpayer” means a tax-exempt corporation or a trust one of the capital or income beneficiaries of which is a tax-exempt corporation or a person exempt from tax by virtue of Book VIII of this Part;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

(d.1)  “qualified expenditure” means an expenditure made in respect of scientific research and experimental development by a taxpayer or partnership that is an expenditure referred to in subsection 1 of section 222 or in paragraph a of section 223, other than such an expenditure referred to in section 1029.8.5.1;

(e)  (paragraph repealed);

(f)  “eligible university entity” means a Québec university, a prescribed university hospital medical research centre, a subsidiary wholly-owned corporation of such a centre that is constituted exclusively for the prosecution or promotion of scientific research and experimental development, a non-profit corporation under the authority of such a centre constituted principally for the prosecution or promotion of scientific research and experimental development, one of whose members is such a centre and one of whose applicants for articles of association is a member of the board of directors of the centre, or any other prescribed body;

(f.1)  “university foundation” means a non-profit corporation constituted for the purpose of promoting and providing financial support to the teaching and research activities of an eligible university entity;

(g)  (paragraph repealed);

(g.1)  “overhead expenditure” in respect of an eligible research contract or a university research contract entered into by a taxpayer or a partnership means an expenditure made, in respect of scientific research and experimental development, by an eligible public research centre, an eligible research consortium or an eligible university entity under such contract, other than

i.  an expenditure of a current nature for, and all or substantially all of which was attributable to, the lease of premises, facilities or equipment for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure in respect of general purpose office furniture or equipment,

ii.  an expenditure in respect of the prosecution of scientific research and experimental development in Canada directly undertaken on behalf of the taxpayer or the partnership, as the case may be,

iii.  an expenditure of a capital nature that at the time it was incurred was for the provision of premises, facilities or equipment, except an expenditure in respect of general purpose office furniture or equipment, where at that time it was intended

(1)  that such premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life, for the prosecution of scientific research and experimental development undertaken in Canada, or

(2)  that all or substantially all of their value would be consumed in the prosecution of scientific research and experimental development undertaken in Canada,

iv.  that portion of an expenditure made in respect of the salary or wages of an employee who is directly engaged in scientific research and experimental development in Canada that can reasonably be considered to relate to such work having regard to the time spent by the employee thereon and, for this purpose, if all or substantially all of the employee’s working time is spent on such scientific research and experimental development, that portion of the expenditure is deemed equal to the amount of the expenditure,

v.  an expenditure incurred in relation to the cost of materials consumed in the prosecution of scientific research and experimental development undertaken in Canada, and

vi.  one-half of any other expenditure of a current nature in respect of the lease of premises, facilities or equipment used primarily for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure in respect of general purpose office furniture or equipment;

(h)  (paragraph repealed);

(i)  “wages incurred” by an eligible public research centre, an eligible research consortium or an eligible university entity in respect of scientific research and experimental development undertaken in Québec under an eligible research contract or a university research contract means that portion of an expenditure incurred as salaries, wages or other remuneration, including bonuses, in respect of an employee who is directly engaged in scientific research and experimental development that can reasonably be considered to relate to such scientific research and experimental development, having regard to the time spent by the employee thereon;

(j)  “controlled corporation” means a corporation referred to in section 1029.8.5.3;

(k)  “tax-exempt corporation” means a corporation which is

i.  exempt from tax under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on its total taxable income by reason of section 999.0.1,

ii.  a corporation that would be exempt from tax under section 985 but for section 192, or

iii.  a controlled corporation or a corporation related to a controlled corporation.

1988, c. 4, s. 125; 1989, c. 5, s. 204; 1990, c. 7, s. 154; 1990, c. 59, s. 344; 1992, c. 1, s. 165; 1993, c. 19, s. 96; 1993, c. 64, s. 141; 1994, c. 16, s. 51; 1995, c. 1, s. 122; 1995, c. 49, s. 236; 1995, c. 63, s. 129; 1997, c. 3, s. 56; 1997, c. 14, s. 192; 1997, c. 31, s. 102; 1997, c. 85, s. 330; 1999, c. 8, s. 19; 2000, c. 5, s. 247; 2001, c. 53, s. 260; 2002, c. 40, s. 105; 2003, c. 9, s. 178; 2003, c. 29, s. 137; 2005, c. 1, s. 220; 2006, c. 8, s. 31.

§ 2 . — General

1988, c. 4, s. 125.

1029.8.1.1. For the purposes of paragraph b of section 1029.8.1, where a particular eligible university entity that is a subsidiary wholly-owned corporation of another eligible university entity that is a prescribed university hospital medical research centre, or a non-profit corporation under the authority of such a centre binds itself to undertake directly, in Québec, scientific research and experimental development, as part of a university research contract, the scientific research and experimental development undertaken by the prescribed university hospital medical research centre, whose particular eligible university entity is either a subsidiary wholly-owned corporation or a non-profit corporation under its authority, on behalf of the particular eligible university entity as part of the contract are deemed to be undertaken by the latter.

For the purposes of paragraph b of section 1029.8.1, where a particular eligible university entity that is a prescribed university hospital medical research centre binds itself to undertake directly, in Québec, scientific research and experimental development, as part of a university research contract, the scientific research and experimental development undertaken on behalf of the particular eligible university entity as part of the contract by another eligible university entity that is a subsidiary wholly-owned corporation of the particular eligible university entity or a non-profit corporation under the authority of the eligible university entity, are deemed to be undertaken by the particular eligible university entity.

1993, c. 64, s. 142; 1995, c. 1, s. 123; 1997, c. 3, s. 71.

1029.8.1.1.1. For the purposes of paragraph b of section 1029.8.1, where a corporation, in this section referred to as a “predecessor corporation”, has been amalgamated and, before the amalgamation, the corporation was an eligible university entity by reason of its being a prescribed university hospital medical research centre and had entered into a university research contract, the new corporation resulting from the amalgamation is, in respect of the contract, deemed to be the same corporation as, and a continuation of, the predecessor corporation, if

(a)  the new corporation is an eligible university entity by reason of its being a prescribed university hospital medical research centre; and

(b)  the new corporation carries on the performance of the contract.

1997, c. 14, s. 193.

1029.8.1.2. Subject to Division II.4, for the purposes of subparagraph a of the first paragraph of sections 1029.8.6 and 1029.8.7, all or any part of the amount of a qualified expenditure paid by a taxpayer or a partnership under an eligible research contract or university research contract that can reasonably be considered to be attributable to expenditures for scientific research and experimental development that an eligible public research centre, eligible research consortium or eligible university entity, as the case may be, has made in Québec under the said contract in a taxation year of the taxpayer or a fiscal period of the partnership, is deemed not to exceed the amount that would represent the amount of a qualified expenditure of the taxpayer or partnership in respect of the scientific research and experimental development, if each expenditure, referred to in this section as a “particular expenditure”, for the scientific research and experimental development, that is made in Québec in that year or period as part of the contract by the eligible public research centre, eligible research consortium or eligible university entity, as the case may be, were made by the taxpayer or the partnership, in the same circumstances and under the same conditions and were referred to in subsection 1 of section 222 or paragraph a of section 223 and if the aggregate of the amount of each particular expenditure, which constitutes an overhead expenditure, were limited to 65% of the aggregate of the amount of each particular expenditure which constitutes incurred wages.

1993, c. 64, s. 142; 1995, c. 1, s. 123; 1997, c. 3, s. 71.

1029.8.1.3. Subject to Division II.4, for the purposes of the first paragraph of section 1029.8.6, where a corporation has paid an amount that is a qualified expenditure under a university research contract and a university foundation has become surety for that corporation in respect of the payment of amounts used for the financing of scientific research and experimental development provided for in the contract, all or any part of the amount of the qualified expenditure that may reasonably be attributed to expenditures for the scientific research and experimental development that an eligible university entity has made in Québec under that contract in a taxation year of the corporation is deemed not to exceed $1,500,000.

Notwithstanding the first paragraph and section 1029.8.1.2, where the amount of a qualified expenditure would, but for this paragraph, be reduced because of the first paragraph and of that section 1029.8.1.2, all or any part of the amount of a qualified expenditure paid by a corporation under a university research contract that may reasonably be attributed to expenditures for scientific research and experimental development that an eligible university entity has made in Québec under that contract in a taxation year of the corporation, is deemed, subject to Division II.4 and for the purposes of subparagraph a of the first paragraph of section 1029.8.6, not to exceed the proportion of $1,500,000 that the amount of the qualified expenditure determined in accordance with section 1029.8.1.2 for the year is of the amount that the amount of that qualified expenditure would be for the year but for that section 1029.8.1.2 and this section.

1997, c. 14, s. 194.

1029.8.2. For the purposes of paragraphs a.2 and b of section 1029.8.1, where a research contract was entered into before 1 May 1987 with an entity which, after 30 April 1987, is an eligible university entity, before 2 May 1991 with an entity which, after 1 May 1991, is an eligible public research centre or before 15 May 1992 with an entity which, after 14 May 1992, is an eligible research consortium, where expenditures on scientific research and experimental development were to be made under the research contract and where, subsequently to that research contract, another research contract which, but for this section, would be a university research contract or an eligible research contract, as the case may be, is entered into, that other research contract is deemed, if the Minister so decides, not to be a university research contract or an eligible research contract, as the case may be, if it may reasonably be considered to relate to expenditures on scientific research and experimental development covered by the earlier research contract entered into, as the case may be, before 1 May 1987 by an entity which, after 30 April 1987, is an eligible university entity, before 2 May 1991 by an entity which, after 1 May 1991, is an eligible public research centre or before 15 May 1992 by an entity which, after 14 May 1992, is an eligible research consortium, and if the other research contract is entered into with

(a)  the taxpayer or partnership having entered into the earlier research contract; or

(b)  a person or partnership related to the taxpayer or partnership contemplated in paragraph a.

1988, c. 4, s. 125; 1989, c. 5, s. 205; 1992, c. 1, s. 166; 1993, c. 19, s. 97; 1997, c. 3, s. 71; 2004, c. 21, s. 265.

1029.8.3. (Repealed).

1988, c. 4, s. 125; 1989, c. 5, s. 206; 1990, c. 7, s. 155.

1029.8.4. (Repealed).

1988, c. 4, s. 125; 1989, c. 5, s. 207; 1990, c. 7, s. 155.

1029.8.5. (Repealed).

1988, c. 4, s. 125; 1989, c. 5, s. 207; 1990, c. 7, s. 155.

1029.8.5.1. The expenditure to which paragraph d.1 of section 1029.8.1 refers is

(a)  an expenditure of a current nature incurred by an eligible public research centre, an eligible research consortium or an eligible university entity in respect of the general administration or management of a business, including

i.  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure;

ii.  a legal or accounting fee;

iii.  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179;

iv.  an entertainment expense;

v.  an advertising or selling expense;

vi.  a conference or convention expense;

vii.  a due or fee in respect of membership in a scientific or technical organization;

viii.  a fine or penalty;

(b)  an expenditure of a current nature incurred by an eligible public research centre, an eligible research consortium or an eligible university entity for the maintenance and upkeep of premises, facilities or equipment to the extent that such expenditure is not attributable to the prosecution of scientific research and experimental development;

(c)  an expenditure of a capital nature incurred by an eligible public research centre, an eligible research consortium or an eligible university entity to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

i.  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development carried on in Canada, or

ii.  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development carried on in Canada;

(d)  an expenditure of a capital nature incurred by an eligible public research centre, an eligible research consortium or an eligible university entity to acquire property where such property has been used or acquired for use or lease, for any purpose whatever, before it was acquired;

(e)  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

(f)  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under sections 710 to 716.0.3 or 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

(g)  an expenditure of a current or capital nature, to the extent that the eligible public research centre, the eligible research consortium or the eligible university entity having incurred it has received or is entitled to receive a reimbursement in respect thereof from a person resident in Canada, other than

i.  the State or Her Majesty in right of Canada or a province, other than Québec,

ii.  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

iii.  a corporation, commission or association that is controlled, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

iv.  a municipality in Canada or a municipal or public body performing a function of government in Canada;

(h)  an expenditure of a current or capital nature, to the extent that the eligible public research centre, the eligible research consortium or the eligible university entity having incurred it has received or is entitled to receive a reimbursement in respect thereof from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing his taxable income earned in Canada for a taxation year;

(i)  an expenditure contemplated in section 230.0.0.2;

(j)  an expenditure specified by a corporation for the purposes of clause A of subparagraph ii of paragraph a of subsection 2 of section 194 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 7, s. 156; 1991, c. 8, s. 77; 1993, c. 16, s. 332; 1993, c. 64, s. 143; 1995, c. 1, s. 124; 1995, c. 49, s. 236; 1995, c. 63, s. 130; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1998, c. 16, s. 224; 1999, c. 83, s. 273; 2001, c. 7, s. 142; 2007, c. 12, s. 115.

1029.8.5.2. (Repealed).

1990, c. 7, s. 156; 1995, c. 1, s. 125.

1029.8.5.3. A corporation to which paragraph j of section 1029.8.1 refers is a corporation which, in the 24 months preceding the date on which a contract referred to in section 1029.8.6 or 1029.8.7 is entered into or at a later time determined by the Minister, is controlled, directly or indirectly in any manner whatever, by

(a)  an eligible university entity;

(b)  an eligible public research centre;

(c)  an eligible research consortium;

(d)  a trust one of the capital or income beneficiaries of which is an eligible university entity, an eligible public research centre or an eligible research consortium;

(e)  a corporation carrying on a personal services business; or

(f)  a combination of entities or persons each of which is referred to in any of paragraphs a to e.

1993, c. 19, s. 98; 1997, c. 3, s. 57; 2004, c. 21, s. 266; 2007, c. 12, s. 116.

§ 3 . — Credit

1988, c. 4, s. 125.

1029.8.6. A taxpayer, other than a tax-exempt taxpayer, who carries on a business in Canada, who has entered into a university research contract with an eligible university entity or into an eligible research contract with an eligible public research centre or an eligible research consortium, or for the benefit of whom a prescribed linkage agency has entered into such a contract in accordance with an agreement entered into between the taxpayer and the prescribed linkage agency, and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, for the taxation year in which scientific research and experimental development related to a business of the taxpayer was undertaken under the contract by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 35%

(a)  where, at the time the contract was entered into, the taxpayer was related to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, of the total or partial amount of a qualified expenditure he has paid to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, that may reasonably be attributed to expenditures made for scientific research and experimental development by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, in Québec under the contract during the year; or

(b)  where, at the time the contract was entered into, the taxpayer was not related to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, of 80% of an amount representing the total or partial amount of a qualified expenditure he has paid to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, that may reasonably be attributable to expenditures made for scientific research and experimental development by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, in Québec under the contract during the year.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, an amount paid by a taxpayer to an eligible university entity, an eligible public research centre or an eligible research consortium does not include an amount that constitutes all or part of an amount that can reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of an agreement in respect of which section 1029.8.10 applies.

1988, c. 4, s. 125; 1989, c. 5, s. 208; 1990, c. 7, s. 157; 1992, c. 1, s. 167; 1993, c. 19, s. 99; 1993, c. 64, s. 144; 1995, c. 1, s. 126; 1995, c. 63, s. 131; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 31, s. 143; 2003, c. 9, s. 179; 2004, c. 21, s. 267; 2006, c. 13, s. 97; 2009, c. 5, s. 432.

1029.8.6.1. (Repealed).

1989, c. 5, s. 209; 1995, c. 63, s. 132.

1029.8.7. Where a partnership carries on a business in Canada and has entered into a university research contract with an eligible university entity or into an eligible research contract with an eligible public research centre or eligible research consortium, or where such a contract has been entered into by a prescribed linkage agency for the benefit of the partnership in accordance with an agreement entered into between the partnership and the prescribed linkage agency, each taxpayer, other than a tax-exempt taxpayer, who is a member of the partnership at the end of a fiscal period of the partnership in which scientific research and experimental development related to a business of the partnership was undertaken under the contract by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, who is not a specified member of the partnership in that fiscal period and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, for the taxpayer’s taxation year in which the fiscal period ends, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 35% of the taxpayer’s share

(a)  where, at the time the contract was entered into, a member of the partnership was related to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, of the total or partial amount of a qualified expenditure the partnership has paid to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, that can reasonably be attributed to expenditures in respect of scientific research and experimental development made in Québec by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, under the contract during the fiscal period; or

(b)  where, at the time the contract was entered into, no member of the partnership was related to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, of 80% of an amount representing the total or partial amount of a qualified expenditure the partnership has paid to the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, that can reasonably be attributed to expenditures in respect of scientific research and experimental development made in Québec by the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, under the contract during the fiscal period.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, an amount paid by a partnership to an eligible university entity, an eligible public research centre or an eligible research consortium does not include an amount that constitutes all or part of an amount that may reasonably be considered to be an expenditure in respect of scientific research and experimental development made in Québec by virtue of an agreement in respect of which section 1029.8.11 applies.

For the purposes of the first paragraph, a taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

1988, c. 4, s. 125; 1989, c. 5, s. 210; 1990, c. 7, s. 158; 1992, c. 1, s. 168; 1993, c. 19, s. 100; 1993, c. 64, s. 145; 1995, c. 1, s. 127; 1995, c. 63, s. 133; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 31, s. 143; 2003, c. 9, s. 180; 2004, c. 21, s. 268; 2006, c. 13, s. 98; 2009, c. 5, s. 433; 2009, c. 15, s. 206.

1029.8.7.1. (Repealed).

1989, c. 5, s. 211; 1995, c. 63, s. 134.

1029.8.7.2. (Repealed).

1989, c. 5, s. 211; 1990, c. 7, s. 159; 1992, c. 1, s. 169; 1993, c. 19, s. 101; 1993, c. 64, s. 146; 1995, c. 1, s. 128; 1995, c. 49, s. 236; 1995, c. 63, s. 134.

DIVISION II.2 RESTRICTION IN RESPECT OF THE CREDITS FOR SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT

1988, c. 4, s. 125; 1992, c. 1, s. 170.

1029.8.8. (Repealed).

1988, c. 4, s. 125; 1989, c. 5, s. 212; 1995, c. 63, s. 134.

1029.8.9. A taxpayer shall not be deemed to have paid to the Minister an amount or his portion of an amount referred to in section 1029.8.6 or 1029.8.7 related to a university research contract entered into after 18 December 1987 or an eligible research contract unless a favourable advance ruling has been given by the Ministère du Revenu regarding the university research contract or the eligible research contract, as the case may be, to which the amount or that portion of an amount, as the case may be, is related, before any amount is paid, pursuant to the contract, to an eligible university entity, an eligible public research centre or an eligible research consortium, as the case may be.

Furthermore, where an amount or portion of an amount is related to two or more university research contracts or two or more eligible research contracts, the favourable advance ruling referred to in the first paragraph shall be made in respect of each contract to which the amount or portion of an amount, as the case may be, is related.

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

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

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

The conditions to which subparagraph a of the third paragraph refers in respect of an application for an advance ruling regarding a university research contract or an eligible research contract entered into by a taxpayer are as follows:

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

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

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

Where an amount is related to a university research contract entered into between a corporation and an eligible university entity and a university foundation has become surety for the corporation in respect of the payment of that amount, the application for an advance ruling relating to that contract shall demonstrate that the university foundation has so become surety for the corporation and that the requirements set out in subparagraphs a to d of the sixth paragraph of section 1029.8.19.2 in respect of the suretyship are met.

1989, c. 5, s. 213; 1990, c. 7, s. 160; 1992, c. 1, s. 171; 1993, c. 19, s. 102; 1995, c. 63, s. 135; 1997, c. 14, s. 195; 1997, c. 85, s. 248; 2000, c. 5, s. 248; 2002, c. 40, s. 106; 2004, c. 21, s. 269; 2007, c. 12, s. 117.

1029.8.9.0.1. For the purposes of Division II.1, where a university research contract has been entered into by an eligible university entity that is a prescribed university hospital medical research centre, and another eligible university entity that is either a subsidiary wholly-owned corporation of the centre or a non-profit corporation under the authority of the centre is substituted therefor to carry on the performance of the contract, the subsidiary or the corporation, as the case may be, is deemed not to be a separate person from the centre if

(a)  an application for an advance ruling regarding the substitution has been filed with the Ministère du Revenu within 90 days from the date of substitution, and

(b)  a favourable ruling on the substitution was rendered by the Ministère du Revenu.

1992, c. 1, s. 172; 1995, c. 1, s. 129; 1997, c. 3, s. 71.

1029.8.9.0.1.1. An individual who is a member of a partnership shall not be deemed to have paid to the Minister his portion of an amount referred to in section 1029.8 or 1029.8.7 unless a favourable advance ruling has been given by the Ministère du Revenu to the effect that the objectives of Divisions II and II.1 and, where applicable, the formalities provided for in the Securities Act (chapter V-1.1) in respect of the financing have been complied with.

1993, c. 64, s. 147; 1997, c. 3, s. 71.

1029.8.9.0.1.2. For the purposes of Division II.1, where, in relation to a university research contract or an eligible research contract, part of the scientific research and experimental development provided for in the contract is undertaken by a particular person, other than the eligible university entity, eligible public research centre or eligible research consortium, that is a party to the contract, in this section referred to as “the contractor”, and the application for an advance ruling relating to that contract establishes that the contractor is directly undertaking substantially all of the scientific research and experimental development and retains general control over the performance of the contract, the scientific research and experimental development undertaken by the particular person is deemed to be undertaken directly by the contractor.

2000, c. 39, s. 126; 2001, c. 53, s. 219.

1029.8.9.0.1.3. (Repealed).

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

DIVISION II.2.1 CREDIT FOR FEES AND DUES PAID TO A RESEARCH CONSORTIUM

1993, c. 19, s. 103.

§ 1 . — Interpretation

1993, c. 19, s. 103.

1029.8.9.0.2. In this division,

“eligible fee” of a taxpayer or partnership, for a taxation year or fiscal period, as the case may be, relating to an eligible research consortium, means the amount obtained by multiplying the amount of expenditures made by the eligible research consortium in respect of scientific research and experimental development related to a business of the taxpayer or partnership undertaken by the eligible research consortium in Québec, after 14 May 1992, in its fiscal period ending in the taxation year of the taxpayer or fiscal period of the partnership, that may reasonably be considered to be attributable to fees or dues paid, during that fiscal period of the eligible research consortium, by all the taxpayers and all the partnerships that are members thereof by such proportion as the fee or dues paid by the taxpayer or partnership, as the case may be, to the eligible research consortium, during the fiscal period of the eligible research consortium ending in the taxation year of the taxpayer or the fiscal period of the partnership, to be a member thereof is or are of the aggregate of the fees or dues paid, during that fiscal period of the eligible research consortium, by all the taxpayers and all the partnerships that are members thereof;

“eligible fee balance” of a taxpayer or partnership, for a taxation year or fiscal period, as the case may be, relating to an eligible research consortium, means the aggregate of all amounts each of which is the amount obtained by multiplying the amount of expenditures made by the eligible research consortium in respect of scientific research and experimental development related to a business of the taxpayer or partnership undertaken by the eligible research consortium in Québec in its fiscal period ending in the taxation year of the taxpayer or fiscal period of the partnership, that may reasonably be considered to be attributable to fees or dues paid, during the particular fiscal period of the eligible research consortium, by all the taxpayers and all the partnerships that were members thereof by such proportion as the fee or dues paid by the taxpayer or the partnership, as the case may be, to the eligible research consortium, during the particular fiscal period of the eligible research consortium ending in a preceding taxation year of the taxpayer or a preceding fiscal period of the partnership, to be a member of the eligible research consortium is or are of the aggregate of the fees or dues paid, during the particular fiscal period of the eligible research consortium, by all the taxpayers and all the partnerships that were members thereof;

“eligible research consortium” has the meaning assigned by paragraph a.1.1 of section 1029.8.1;

“tax-exempt taxpayer” has the meaning assigned by paragraph b.1 of section 1029.8.1.

For the purposes of this section, the expenditures made by an eligible research consortium are attributable to fees or dues paid during a fiscal period only if the expenditures may reasonably be considered not to be attributable to fees or dues paid to the eligible research consortium during a preceding fiscal period, and for the purposes of this paragraph, the expenditures made by an eligible research consortium are attributable to fees or dues paid to it in the order in which they have been received.

1993, c. 19, s. 103; 1993, c. 64, s. 148; 1995, c. 1, s. 130; 1997, c. 3, s. 58; 1997, c. 14, s. 196; 2001, c. 51, s. 91; 2006, c. 13, s. 99.

1029.8.9.0.2.1. For the purposes of this division,

(a)  the expenditures made by an eligible research consortium for scientific research and experimental development mean the expenditures referred to in subsection 1 of section 222 or paragraph a of section 223, other than those described in section 1029.8.9.0.2.2, and must be determined as if section 230 were read without reference to subparagraph c of its first paragraph; and

(b)  scientific research and experimental development related to a business of a taxpayer, or of a partnership, who or which is a member of an eligible research consortium that is made by that consortium must be considered to be related to a business of the eligible research consortium.

2005, c. 23, s. 145.

1029.8.9.0.2.2. The expenditures to which paragraph a of section 1029.8.9.0.2.1 refers are

(a)  an expenditure of a current nature incurred by an eligible research consortium in respect of the general administration or management of a business, including

i.  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure,

ii.  a legal or accounting fee,

iii.  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179,

iv.  an entertainment expense,

v.  an advertising or selling expense,

vi.  a conference or convention expense,

vii.  a due or fee in respect of membership in a scientific or technical organization, and

viii.  a fine or penalty;

(b)  an expenditure of a current nature incurred by an eligible research consortium for the maintenance and upkeep of premises, facilities or equipment to the extent that such expenditure is not attributable to the prosecution of scientific research and experimental development;

(c)  an expenditure of a capital nature incurred by an eligible research consortium to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

i.  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development carried on in Canada, or

ii.  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development carried on in Canada;

(d)  an expenditure of a capital nature incurred by an eligible research consortium to acquire property if such property has been used or acquired for use or lease, for any purpose whatsoever, before it was acquired;

(e)  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

(f)  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under sections 710 to 716.0.3 or 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

(g)  an expenditure of a current or capital nature, to the extent that the eligible research consortium having incurred it has received or is entitled to receive a reimbursement in respect of the expenditure from a person resident in Canada, other than

i.  the State or Her Majesty in right of Canada or a province, other than Québec,

ii.  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

iii.  a corporation, commission or association that is controlled, directly or indirectly in any manner whatsoever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

iv.  a municipality in Canada or a municipal or public body performing a function of government in Canada;

(h)  an expenditure of a current or capital nature, to the extent that the eligible research consortium having incurred it has received or is entitled to receive a reimbursement in respect of the expenditure from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing taxable income earned in Canada for a taxation year;

(i)  an expenditure referred to in section 230.0.0.2; and

(j)  an expenditure specified by a corporation for the purposes of clause A of subparagraph ii of paragraph a of subsection 2 of section 194 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

2005, c. 23, s. 145; 2007, c. 12, s. 119.

1029.8.9.0.2.3. If an expenditure made by an eligible research consortium for scientific research and experimental development consists in acquiring property from a member of that consortium or obtaining a service rendered by a member of that consortium, the amount of that expenditure must not exceed the lesser of the fair market value of the property or service the cost or capital cost of the property or service to the member.

2005, c. 23, s. 145.

§ 2 . — Credit

1993, c. 19, s. 103.

1029.8.9.0.3. A taxpayer, other than a tax-exempt taxpayer, who carries on a business in Canada and who encloses with the fiscal return the taxpayer is required to file for a taxation year under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 35% of the total of the aggregate of all amounts each of which is the taxpayer’s eligible fee for the year relating to an eligible research consortium and the aggregate of all amounts each of which is, where the taxpayer is a member of an eligible research consortium at the end of the fiscal period of the eligible research consortium ending in the year, the taxpayer’s eligible fee balance for the year relating to that consortium.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1993, c. 19, s. 103; 1995, c. 63, s. 136; 1997, c. 3, s. 71; 1997, c. 14, s. 197; 1997, c. 31, s. 143; 2001, c. 51, s. 92; 2003, c. 9, s. 181; 2004, c. 21, s. 271.

1029.8.9.0.4. Where a partnership carries on a business in Canada, every taxpayer, other than a tax-exempt taxpayer, who is a member of the partnership at the end of a fiscal period of the partnership in which the partnership paid an eligible fee to an eligible research consortium, who is not a specified member of the partnership in that fiscal period and who encloses with the fiscal return the taxpayer is required to file under section 1000, or would be required to file if tax were payable under this Part by the taxpayer, for the taxpayer’s taxation year in which the fiscal period ends, the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 35% of the taxpayer’s share of the total of the aggregate of all amounts each of which is, for the fiscal period of the partnership ending in the year, an eligible fee of the partnership relating to an eligible research consortium and the aggregate of all amounts each of which is, where the partnership is a member of an eligible research consortium at the end of the fiscal period of the eligible research consortium ending in the fiscal period of the partnership, the partnership’s eligible fee balance for the fiscal period relating to the eligible research consortium.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

1997, c. 14, s. 198; 1997, c. 31, s. 143; 2001, c. 51, s. 92; 2003, c. 9, s. 181; 2004, c. 21, s. 272; 2009, c. 15, s. 207.

DIVISION II.3 OTHER CREDIT FOR SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT

1989, c. 5, s. 213.

1029.8.9.1. In this division,

“overhead expenditure” in respect of a pre-competitive research project, means an expenditure made by or on behalf of a taxpayer or a partnership in respect of scientific research and experimental development undertaken as part of such a project, other than

(a)  an expenditure of a current nature incurred for, and all or substantially all of which was attributable to, the lease of premises, facilities or equipment for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure in respect of general purpose office furniture or equipment;

(b)  an expenditure incurred in respect of the prosecution of scientific research and experimental development in Canada directly undertaken on behalf of the taxpayer or the partnership, as the case may be;

(c)  an expenditure of a capital nature that at the time it was incurred was for the provision of premises, facilities or equipment, except an expenditure in respect of general purpose office furniture or equipment, where at that time it was intended

i.  that such premises, facilities or equipment would be used, during all or substantially all of their operating time in their expected useful life, for the prosecution of scientific research and experimental development undertaken in Canada, or

ii.  that all or substantially all of their value would be consumed in the prosecution of scientific research and experimental development undertaken in Canada;

(d)  that portion of an expenditure incurred in respect of the salary or wages of an employee who is directly engaged in scientific research and experimental development in Canada that may reasonably be considered to be attributable to such work having regard to the time spent by the employee therein and, for that purpose, if all or substantially all of the employee’s working time is spent on such scientific research and experimental development, that portion of the expenditure is deemed equal to the amount of the expenditure;

(e)  an expenditure incurred in relation to the cost of materials consumed in the prosecution of scientific research and experimental development undertaken in Canada;

(f)  one-half of any other expenditure of a current nature incurred in respect of the lease of premises, facilities or equipment used primarily for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure in respect of general purpose office furniture or equipment;

“qualified expenditure” means an expenditure made in respect of scientific research and experimental development by a taxpayer or partnership that is an expenditure referred to in subsection 1 of section 222 or in paragraph a of section 223, other than such an expenditure referred to in section 1029.8.15.1, and includes a prescribed proxy amount of a taxpayer or partnership;

“wages incurred” in respect of scientific research and experimental development undertaken in Québec as part of a pre-competitive research project, by a taxpayer referred to in section 1029.8.10, by a partnership referred to in section 1029.8.11 or by another person on behalf of the taxpayer or partnership, means that portion of an expenditure incurred as salaries, wages or other remuneration, including bonuses, in respect of an individual, other than a trust, who is directly engaged in scientific research and experimental development that can reasonably be considered to relate to such scientific research and experimental development, having regard to the time spent by the individual thereon.

1990, c. 7, s. 161; 1993, c. 64, s. 149; 1995, c. 1, s. 131; 1995, c. 49, s. 236; 1995, c. 63, s. 137; 1997, c. 3, s. 71; 1997, c. 31, s. 103; 1997, c. 85, s. 330; 2002, c. 40, s. 108; 2006, c. 13, s. 100.

1029.8.9.1.1. In the definition of “wages incurred” set out in section 1029.8.9.1 and for the purposes of section 1029.8.9.1.2, where scientific research and experimental development are undertaken as part of a pre-competitive research project and where no expenditure is incurred as salaries, wages or other remuneration, including bonuses, to remunerate the work of an individual, other than a trust, who is directly engaged in such scientific research and experimental development, an amount not exceeding an amount, reasonable in the circumstances, as wages that can reasonably be considered to relate to such work having regard to the time spent by the individual thereon is deemed to constitute an expenditure incurred as wages as part of the project.

1993, c. 64, s. 150; 1997, c. 85, s. 330; 2006, c. 13, s. 101.

1029.8.9.1.2. Subject to Division II.4, for the purposes of subparagraphs a and b of the first paragraph of sections 1029.8.10 and 1029.8.11, all or any part of the amount of a qualified expenditure made in Québec by a taxpayer or a partnership as part of a pre-competitive research project that can reasonably be considered to be attributable to scientific research and experimental development undertaken in Québec as part of such a project in a taxation year of the taxpayer or a fiscal period of the partnership, is deemed not to exceed the amount that would represent the aggregate of the qualified expenditures of the taxpayer or partnership that are made in Québec in that year or period as part of that project if each expenditure, referred to in this section as a “particular expenditure”, that is made in Québec either by the taxpayer or partnership for scientific research and experimental development undertaken directly by the taxpayer or partnership, or by another person for scientific research and experimental development directly undertaken by that other person on behalf of the taxpayer or partnership, in that year or period as part of that project, were made by the taxpayer or the partnership in the same circumstances and under the same conditions and were referred to in subsection 1 of section 222 or in paragraph a of section 223 and if the aggregate of the amount of each particular expenditure, which constitutes an overhead expenditure, were limited to 65% of the aggregate of the amount of each particular expenditure which constitutes incurred wages.

1993, c. 64, s. 150; 1994, c. 22, s. 316; 1995, c. 1, s. 132; 1995, c. 63, s. 545; 1997, c. 3, s. 71; 2006, c. 13, s. 102.

1029.8.10. A taxpayer, other than a tax-exempt taxpayer within the meaning of paragraph b.1 of section 1029.8.1, who carries on a business in Canada and has entered into an agreement with a person or partnership under which the parties agree to undertake scientific research and experimental development in Québec or to cause scientific research and experimental development to be undertaken in Québec on their behalf as part of a contract and in respect of which agreement the Minister of Economic Development, Innovation and Export Trade has issued a certificate recognizing that the scientific research and experimental development will be undertaken as part of a pre-competitive research project, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for the taxpayer’s taxation year during which the scientific research and experimental development related to a business of the taxpayer was undertaken, on account of the taxpayer’s tax payable for that year under this Part, if the taxpayer encloses the prescribed form containing the prescribed information and a copy of the certificate issued by the Minister of Economic Development, Innovation and Export Trade with the fiscal return the taxpayer is required to file under section 1000 for that year, or would be required to file if tax were payable under this Part by the taxpayer, an amount equal to 35% of the aggregate of

(a)  the total or part of a qualified expenditure the taxpayer has made in Québec that can reasonably be attributed to such scientific research and experimental development directly undertaken by the taxpayer in that year;

(b)  the total or part of a qualified expenditure the taxpayer has made in Québec under a contract entered into with a person or partnership with whom or with which the taxpayer was not dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such scientific research and experimental development directly undertaken by the person or partnership on behalf of the taxpayer in that year; and

(c)  80% of an amount representing the total or part of a qualified expenditure the taxpayer has made in Québec under a contract entered into with a person or partnership with whom or with which the taxpayer was dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such scientific research and experimental development directly undertaken by the person or partnership on behalf of the taxpayer in that year.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1989, c. 5, s. 213; 1990, c. 7, s. 162; 1991, c. 8, s. 78; 1991, c. 8, s. 117; 1993, c. 19, s. 104; 1993, c. 64, s. 151; 1994, c. 16, s. 51; 1995, c. 1, s. 133; 1995, c. 63, s. 138; 1995, c. 63, s. 545; 1997, c. 3, s. 71; 1997, c. 14, s. 199; 1997, c. 31, s. 143; 1999, c. 8, s. 19; 2003, c. 9, s. 182; 2004, c. 21, s. 273; 2006, c. 13, s. 103; 2009, c. 5, s. 434.

1029.8.11. Where a particular partnership carries on a business in Canada and has entered into an agreement with a person or partnership under which the parties agree to undertake scientific research and experimental development in Québec or to cause scientific research and experimental development to be undertaken in Québec on their behalf as part of a contract, and in respect of which agreement the Minister of Economic Development, Innovation and Export Trade has issued a certificate recognizing that the scientific research and experimental development will be undertaken as part of a pre-competitive research project, each taxpayer who is a member of the particular partnership at the end of a fiscal period of the particular partnership in which the scientific research and experimental development related to a business of the particular partnership was undertaken, who is not a tax-exempt taxpayer within the meaning of paragraph b.1 of section 1029.8.1 or a specified member of the particular partnership in that fiscal period, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for that taxation year, on account of the taxpayer’s tax payable for that year under this Part, if the taxpayer encloses the prescribed form containing the prescribed information and a copy of the certificate issued by the Minister of Economic Development, Innovation and Export Trade with the fiscal return the taxpayer is required to file under section 1000 for the taxpayer’s taxation year in which the fiscal period ends, or would be required to file if tax were payable under this Part by the taxpayer, 35% of the taxpayer’s share of an amount equal to the aggregate of

(a)  the total or part of a qualified expenditure the particular partnership has made in Québec that can reasonably be attributed to such scientific research and experimental development directly undertaken by the particular partnership in that fiscal period;

(b)  the total or part of a qualified expenditure the particular partnership has made in Québec under a contract entered into with a person or another partnership with whom or with which a member of the particular partnership was not dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such scientific research and experimental development directly undertaken by the person or the other partnership on behalf of the particular partnership in that fiscal period; and

(c)  80% of an amount representing the total or part of a qualified expenditure the particular partnership has made in Québec under a contract entered into with a person or another partnership with whom or with which all the members of the particular partnership were dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such scientific research and experimental development directly undertaken by the person or the other partnership on behalf of the particular partnership in that fiscal period.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the particular partnership’s fiscal period that ends in the taxpayer’s taxation year.

1989, c. 5, s. 213; 1990, c. 7, s. 162; 1991, c. 8, s. 79; 1991, c. 8, s. 117; 1993, c. 19, s. 105; 1993, c. 64, s. 152; 1994, c. 16, s. 51; 1995, c. 1, s. 134; 1995, c. 63, s. 139; 1995, c. 63, s. 545; 1997, c. 3, s. 71; 1997, c. 14, s. 200; 1997, c. 31, s. 143; 1997, c. 85, s. 249; 1999, c. 8, s. 19; 2003, c. 9, s. 183; 2004, c. 21, s. 274; 2006, c. 13, s. 104; 2009, c. 5, s. 435; 2009, c. 15, s. 208.

1029.8.12. (Repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 163.

1029.8.13. (Repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 163.

1029.8.14. (Repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 163.

1029.8.15. (Repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 163.

1029.8.15.1. The expenditure to which the definition of “qualified expenditure” in section 1029.8.9.1 refers is

(a)  an expenditure of a current nature incurred by or on behalf of a taxpayer or partnership in respect of the general administration or management of a business, including

i.  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure;

ii.  a legal or accounting fee;

iii.  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179;

iv.  an entertainment expense;

v.  an advertising or selling expense;

vi.  a conference or convention expense;

vii.  a due or fee in respect of membership in a scientific or technical organization;

viii.  a fine or penalty;

(b)  an expenditure of a current nature incurred by or on behalf of a taxpayer or partnership for the maintenance and upkeep of premises, facilities or equipment to the extent that such expenditure is not attributable to the prosecution of scientific research and experimental development;

(c)  an expenditure of a capital nature incurred by or on behalf of a taxpayer or partnership to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

i.  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development carried on in Canada, or

ii.  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development carried on in Canada;

(d)  an expenditure of a capital nature incurred by or on behalf of a taxpayer or partnership to acquire property where such property has been used or acquired for use or lease, for any purpose whatever, before it was acquired;

(e)  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

(f)  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under sections 710 to 716.0.3 or 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

(g)  an expenditure of a current or capital nature, to the extent that the taxpayer or partnership having incurred it or, where applicable, the person or another partnership having incurred it on behalf of the taxpayer or partnership has received or is entitled to receive a reimbursement in respect thereof from a person resident in Canada, other than

i.  the State or Her Majesty in right of Canada or a province, other than Québec,

ii.  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

iii.  a corporation, commission or association that is controlled, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

iv.  a municipality in Canada or a municipal or public body performing a function of government in Canada;

(h)  an expenditure of a current or capital nature, to the extent that the taxpayer or the partnership having incurred it or, where applicable, the person or another partnership having incurred it on behalf of the taxpayer or partnership has received or is entitled to receive a reimbursement in respect thereof from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing his taxable income earned in Canada for a taxation year;

(i)  an expenditure contemplated in section 230.0.0.2;

(j)  an expenditure specified by a corporation for the purposes of clause A of subparagraph ii of paragraph a of subsection 2 of section 194 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

1990, c. 7, s. 164; 1991, c. 8, s. 80; 1993, c. 16, s. 333; 1993, c. 64, s. 153; 1995, c. 1, s. 135; 1995, c. 49, s. 236; 1995, c. 63, s. 140; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 1998, c. 16, s. 225; 1999, c. 83, s. 273; 2001, c. 7, s. 143; 2007, c. 12, s. 120.

1029.8.15.2. (Repealed).

1990, c. 7, s. 164; 1995, c. 1, s. 136.

1029.8.16. For the purposes of this division, the following rules apply:

(a)  a certificate that is revoked by the Minister of Economic Development, Innovation and Export Trade is null from the time the revocation becomes effective;

(b)  no amount can be deemed to have been paid by a taxpayer in respect of an expenditure referred to in section 1029.8.10 or 1029.8.11

i.  if the certificate issued by the Minister of Economic Development, Innovation and Export Trade in respect of the agreement referred to in section 1029.8.10 or 1029.8.11 was not in force or valid at the time the expenditure was made or at the time the scientific research and experimental development was undertaken, in the case where the expenditure was made after the date of issue of the certificate,

i.1.  if the expenditure was made before the date mentioned in the certificate issued by the Minister of Economic Development, Innovation and Export Trade in respect of the agreement referred to in section 1029.8.10 or 1029.8.11, in the case where the expenditure was made before the date of issue of the certificate, and

i.2.  if the expenditure is made after 23 March 2006, unless it is made under an agreement referred to in section 1029.8.10 or 1029.8.11 in respect of which the Minister of Economic Development, Innovation and Export Trade has issued a certificate for the purposes of this division on or before that date or received an application to obtain such a certificate on or before that date, with all the documents required to determine the taxpayer’s eligibility,

ii.  (subparagraph repealed);

(c)  (paragraph repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 165; 1991, c. 8, s. 81; 1994, c. 16, s. 51; 1995, c. 63, s. 141; 1997, c. 31, s. 104; 1999, c. 8, s. 19; 2000, c. 39, s. 127; 2003, c. 9, s. 184; 2004, c. 21, s. 275; 2006, c. 13, s. 105; 2007, c. 12, s. 121.

1029.8.16.1. An individual who is a member of a partnership shall not be deemed to have paid to the Minister his portion of an amount referred to in section 1029.8.11 unless a favourable advance ruling has been given by the Ministère du Revenu to the effect that the objectives of this division and, where applicable, the formalities provided for in the Securities Act (chapter V-1.1) in respect of the financing have been complied with.

1993, c. 64, s. 154; 1997, c. 3, s. 71.

DIVISION II.3.0.1 CREDIT FOR PRIVATE PARTNERSHIP PRE-COMPETITIVE RESEARCH

2007, c. 12, s. 122.

1029.8.16.1.1. In this division,

“excluded contract” means an eligible research contract within the meaning of paragraph a.2 of section 1029.8.1 or a university research contract within the meaning of paragraph b of that section;

“overhead expenditure” means an expenditure made by or on behalf of a taxpayer or partnership for scientific research and experimental development undertaken under an agreement referred to in the first paragraph of section 1029.8.16.1.4 or 1029.8.16.1.5, other than

(a)  an expenditure of a current nature incurred for, and all or substantially all of which was attributable to, the lease of premises, facilities or equipment for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure for general purpose office furniture or equipment;

(b)  an expenditure incurred for the prosecution of scientific research and experimental development in Canada directly undertaken on behalf of the taxpayer or partnership;

(c)  an expenditure of a capital nature that at the time it was incurred was for the provision of premises, facilities or equipment, except an expenditure for general purpose office furniture or equipment, if at that time it was intended

i.  that such premises, facilities or equipment would be used, during all or substantially all of their operating time in their expected useful life, for the prosecution of scientific research and experimental development undertaken in Canada, or

ii.  that all or substantially all of their value would be consumed in the prosecution of scientific research and experimental development undertaken in Canada;

(d)  that portion of an expenditure incurred for the salary or wages of an employee who is directly engaged in scientific research and experimental development in Canada that may reasonably be considered to be attributable to such work having regard to the time spent by the employee on that work and, for that purpose, if all or substantially all of the employee’s working time is spent on such scientific research and experimental development, that portion of the expenditure is deemed equal to the amount of the expenditure;

(e)  an expenditure incurred in relation to the cost of materials consumed in the prosecution of scientific research and experimental development undertaken in Canada; and

(f)  one-half of any other expenditure of a current nature incurred for the lease of premises, facilities or equipment used primarily for the prosecution of scientific research and experimental development undertaken in Canada, except an expenditure for general purpose office furniture or equipment;

“public body” means

(a)  a government, a municipality or another public authority;

(b)  a body a majority of whose members come from the Québec or federal public sector, that is, are appointed by a minister, a government, a municipality, another public authority or another public body;

(c)  a body whose personnel is appointed in accordance with the Public Service Act (chapter F-3.1.1) or the Public Service Employment Act (Statutes of Canada, 2003, chapter 22);

(d)  a body more than 50% of whose financing is derived from Québec or federal public funds, that is from the Consolidated Revenue Fund or the federal treasury, a government, a municipality, another public authority or another public body;

(e)  an entity designated by the Minister as a public body; and

(f)  a combination of entities or bodies referred to in any of paragraphs a to e;

“public partner” at a particular time means

(a)  an eligible public research centre within the meaning of paragraph a.1 of section 1029.8.1;

(b)  an eligible research consortium within the meaning of paragraph a.1.1 of section 1029.8.1;

(c)  an eligible university entity within the meaning of paragraph f of section 1029.8.1;

(d)  a public body;

(e)  a trust one of the capital or income beneficiaries of which is an eligible university entity, an eligible public research centre, an eligible research consortium or a public body;

(f)  a partnership if, in the 24 months preceding the particular time, or at a later time determined by the Minister, the members of the partnership that are referred to in any of paragraphs a to e and g have, directly or indirectly in any manner whatever, interests in the partnership having a fair market value, at that time, of more than 50% of the fair market value of all the members’ interests in the partnership; and

(g)  a corporation that, in the 24 months preceding the particular time, or at a later time determined by the Minister, is controlled, directly or indirectly in any manner whatever, by an entity, a person or a combination of entities or persons referred to in any of paragraphs a to f;

“qualified expenditure” means an expenditure made in respect of scientific research and experimental development by a taxpayer or partnership that is an expenditure referred to in subsection 1 of section 222 or in paragraph a of section 223, other than such an expenditure referred to in section 1029.8.16.1.6, and includes a prescribed proxy amount;

“wages incurred” for scientific research and experimental development undertaken in Québec under an agreement referred to in the first paragraph of section 1029.8.16.1.4 or 1029.8.16.1.5, means that portion of an expenditure incurred as salaries, wages or other remuneration, including bonuses, in respect of an individual, other than a trust, who is directly engaged in that research and development, that can reasonably be considered to relate to that research and development, having regard to the time spent by the individual on that research and development.

For the purposes of this division, the share of a member of a partnership of an amount for a fiscal period is equal to the agreed proportion of the amount in respect of the member for the fiscal period.

2007, c. 12, s. 122; 2009, c. 15, s. 209.

1029.8.16.1.2. In the definition of “wages incurred” in the first paragraph of section 1029.8.16.1.1 and for the purposes of section 1029.8.16.1.3, if scientific research and experimental development is undertaken under an agreement referred to in the first paragraph of section 1029.8.16.1.4 or 1029.8.16.1.5 and if no expenditure is incurred as salaries, wages or other remuneration, including bonuses, to remunerate the work of an individual, other than a trust, who is directly engaged in that research and development, an amount not exceeding an amount, reasonable in the circumstances, as wages that can reasonably be considered to relate to that work having regard to the time spent by the individual on that work, is deemed to constitute an expenditure incurred as wages under the agreement.

2007, c. 12, s. 122.

1029.8.16.1.3. Subject to Division II.4, for the purposes of subparagraphs a and b of the first paragraph of sections 1029.8.16.1.4 and 1029.8.16.1.5, all or part of the amount of a qualified expenditure made in Québec by a taxpayer or partnership under an agreement referred to in the first paragraph of either of those sections that can reasonably be considered to be attributable to scientific research and experimental development undertaken in Québec under such an agreement in a taxation year of the taxpayer or a fiscal period of the partnership, is deemed not to exceed the amount that would represent the aggregate of the qualified expenditures of the taxpayer or partnership that are made in Québec in that year or period under the agreement if each expenditure, in this section referred to as a “particular expenditure”, that is made in Québec either by the taxpayer or partnership for scientific research and experimental development undertaken directly by the taxpayer or partnership, or by another person for scientific research and experimental development directly undertaken by that other person on behalf of the taxpayer or partnership, in that year or period under the agreement, were made by the taxpayer or partnership in the same circumstances and under the same conditions and were referred to in subsection 1 of section 222 or in paragraph a of section 223 and if the aggregate of the amount of each particular expenditure, which constitutes an overhead expenditure, were limited to 65% of the aggregate of the amount of each particular expenditure which constitutes incurred wages.

2007, c. 12, s. 122.

1029.8.16.1.4. A taxpayer, other than a public partner or a tax-exempt taxpayer within the meaning of paragraph b.1 of section 1029.8.1, who carries on a business in Canada and has entered into an agreement with a person or partnership under which the parties agree to undertake scientific research and experimental development related to a business of the taxpayer, in Québec, or cause such research and development to be undertaken in Québec on their behalf as part of a contract, other than an excluded contract, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for a taxation year in which the research and development was undertaken, on account of the taxpayer’s tax payable for that year under this Part, if the conditions set out in the third paragraph are satisfied in respect of the parties to the agreement and if the taxpayer encloses the documents described in the fourth paragraph with the fiscal return the taxpayer is required to file under section 1000 for that year, or would be required to file if tax were payable under this Part by the taxpayer, an amount equal to 35% of the aggregate of

(a)  all or part of a qualified expenditure the taxpayer has made in Québec that can reasonably be attributed to such research and development directly undertaken by the taxpayer in that year;

(b)  all or part of a qualified expenditure the taxpayer has made in Québec under a contract entered into with a person or partnership with which the taxpayer was not dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such research and development directly undertaken by the person or partnership on behalf of the taxpayer in that year; and

(c)  80% of an amount representing all or part of a qualified expenditure the taxpayer has made in Québec under a contract entered into with a person or partnership with which the taxpayer was dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such research and development directly undertaken by the person or partnership on behalf of the taxpayer in that year.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that can reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The conditions to which the first paragraph refers in respect of the parties to the agreement referred to in that paragraph are as follows:

(a)  the agreement must include at least two parties who are not public partners;

(b)  at least two parties who are not public partners were dealing with each other at arm’s length throughout a year referred to in the first paragraph that ended after 13 March 2008; and

(c)  no party who is not a public partner is related to a public partner throughout a year referred to in the first paragraph that ended after 13 March 2008.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of the valid qualification certificate issued to the taxpayer by the Minister of Economic Development, Innovation and Export Trade for the purposes of this division.

2007, c. 12, s. 122; 2009, c. 15, s. 210.

1029.8.16.1.5. If a particular partnership carries on a business in Canada and has entered into an agreement under which the parties agree to undertake scientific research and experimental development related to a business of the particular partnership, in Québec, or cause such research and development to be undertaken in Québec on their behalf as part of a contract, other than an excluded contract, each taxpayer who is a member of the particular partnership at the end of a fiscal period of the particular partnership in which the research and development was undertaken and who is not a public partner, a tax-exempt taxpayer within the meaning of paragraph b.1 of section 1029.8.1 or a specified member of the particular partnership in that fiscal period, is deemed, subject to the second paragraph, to have paid to the Minister, on the taxpayer’s balance-due day for the taxpayer’s taxation year in which that fiscal period ends, on account of the taxpayer’s tax payable for that year under this Part, if the conditions set out in the third paragraph are satisfied in respect of the parties to the agreement and if the taxpayer encloses the documents described in the fourth paragraph with the fiscal return the taxpayer is required to file under section 1000 for that year, or would be required to file if tax were payable under this Part by the taxpayer, 35% of the taxpayer’s share of an amount equal to the aggregate of

(a)  all or part of a qualified expenditure the particular partnership has made in Québec that can reasonably be attributed to such research and development directly undertaken by the particular partnership in that fiscal period;

(b)  all or part of a qualified expenditure the particular partnership has made in Québec under a contract entered into with a person or another partnership with which a member of the particular partnership was not dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such research and development directly undertaken by the person or the other partnership on behalf of the particular partnership in that fiscal period; and

(c)  80% of an amount representing all or part of a qualified expenditure the particular partnership has made in Québec under a contract entered into with a person or another partnership with which all the members of the particular partnership were dealing at arm’s length at the time the contract was entered into, that can reasonably be attributed to such research and development directly undertaken by the person or the other partnership on behalf of the particular partnership in that fiscal period.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that can reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The conditions to which the first paragraph refers in respect of the parties to the agreement referred to in that paragraph are as follows:

(a)  the agreement must include at least two parties who are not public partners;

(b)  at least two parties who are not public partners were dealing with each other at arm’s length throughout a fiscal period referred to in the first paragraph that ended after 13 March 2008; and

(c)  no party who is not a public partner is related to a public partner throughout a fiscal period referred to in the first paragraph that ended after 13 March 2008.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of the valid qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade for the purposes of this division.

2007, c. 12, s. 122; 2009, c. 15, s. 211.

1029.8.16.1.6. The expenditure to which the definition of “qualified expenditure” in the first paragraph of section 1029.8.16.1.1 refers is

(a)  an expenditure of a current nature incurred by or on behalf of a taxpayer or partnership in respect of the general administration or management of a business, including

i.  the administrative salary or wages, including related benefits, of a person none or substantially none of whose duties are oriented toward the prosecution of scientific research and experimental development, except to the extent that such expenditure is a prescribed expenditure,

ii.  a legal or accounting fee,

iii.  an amount referred to in any of sections 147, 148, 160, 161, 163, 176, 176.4 and 179,

iv.  an entertainment expense,

v.  an advertising or selling expense,

vi.  a conference or convention expense,

vii.  a due or fee in respect of membership in a scientific or technical organization, and

viii.  a fine or penalty;

(b)  an expenditure of a current nature incurred by or on behalf of a taxpayer or partnership for the maintenance and upkeep of premises, facilities or equipment to the extent that the expenditure is not attributable to the prosecution of scientific research and experimental development;

(c)  an expenditure of a capital nature incurred by or on behalf of a taxpayer or partnership to acquire property, except any such expenditure that, at the time it was incurred, was for the provision of premises, facilities or equipment if, at the time of the acquisition of the premises, facilities or equipment, it was intended

i.  that the premises, facilities or equipment would be used during all or substantially all of their operating time in their expected useful life for the prosecution of scientific research and experimental development undertaken in Canada, and

ii.  that all or substantially all of the value of the premises, facilities or equipment would be consumed in the prosecution of scientific research and experimental development undertaken in Canada;

(d)  an expenditure of a capital nature incurred by or on behalf of a taxpayer or partnership to acquire property if the property has been used or acquired for use or lease, for any purpose whatever, before it was acquired;

(e)  an expenditure made to acquire rights in, or arising out of, scientific research and experimental development;

(f)  an expenditure related to scientific research and experimental development in respect of which an amount is deductible under any of sections 710 to 716.0.3 and 752.0.10.1 to 752.0.10.18 in computing taxable income or tax payable under this Part, as the case may be;

(g)  an expenditure of a current or capital nature, to the extent that the taxpayer or partnership having incurred it or, where applicable, the person or another partnership having incurred it on behalf of the taxpayer or partnership has received or is entitled to receive a reimbursement in respect of the expenditure from a person resident in Canada, other than

i.  the State or Her Majesty in right of Canada or a province, other than Québec,

ii.  a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec,

iii.  a corporation, commission or association that is controlled, directly or indirectly in any manner whatever, by the State or Her Majesty in right of Canada or a province, other than Québec, or by a mandatary of the State or of Her Majesty in right of Canada or a province, other than Québec, or

iv.  a municipality in Canada or a municipal or public body performing a function of government in Canada;

(h)  an expenditure of a current or capital nature, to the extent that the taxpayer or partnership having incurred it or, where applicable, the person or another partnership having incurred it on behalf of the taxpayer or partnership has received or is entitled to receive a reimbursement in respect of the expenditure from a person not resident in Canada and to the extent that the reimbursement is deductible by the person in computing taxable income earned in Canada for a taxation year; and

(i)  an expenditure described in section 230.0.0.2.

2007, c. 12, s. 122.

1029.8.16.1.7. (Repealed).

2007, c. 12, s. 122; 2009, c. 15, s. 212.

1029.8.16.1.8. (Repealed).

2007, c. 12, s. 122; 2009, c. 15, s. 212.

1029.8.16.1.9. No taxpayer may be deemed to have paid to the Minister an amount or the taxpayer’s share of an amount referred to in the first paragraph of section 1029.8.16.1.4 or 1029.8.16.1.5 in respect of an agreement referred to in that first paragraph, to which that amount or that share of an amount, as the case may be, is related, for scientific research and experimental development that is undertaken under the agreement after the expiration of the three-year period that begins on the day on which the Minister of Economic Development, Innovation and Export Trade issued its last qualification certificate in respect of the agreement.

2007, c. 12, s. 122; 2009, c. 15, s. 213.

DIVISION II.3.1

Repealed, 2010, c. 25, s. 122.

2010, c. 25, s. 122.

§ 1 . —

Repealed, 2010, c. 25, s. 122.

2000, c. 39, s. 128; 2010, c. 25, s. 122.

1029.8.16.2. (Repealed).

2005, c. 1, s. 267; 2010, c. 25, s. 122.

1029.8.16.3. (Repealed).

2006, c. 36, s. 206; 2010, c. 25, s. 122.

1029.8.16.4. (Repealed).

2005, c. 1, s. 267; 2010, c. 25, s. 122.

1029.8.16.5. (Repealed).

2005, c. 1, s. 267; 2006, c. 13, s. 193; 2009, c. 15, s. 343; 2010, c. 25, s. 122.

§ 2 . —

Repealed, 2010, c. 25, s. 122.

2000, c. 39, s. 128; 2010, c. 25, s. 122.

1029.8.16.6. (Repealed).

2000, c. 39, s. 128; 2003, c. 9, s. 185; 2004, c. 21, s. 276; 2010, c. 25, s. 122.

DIVISION II.4 GOVERNMENT ASSISTANCE, NON-GOVERNMENT ASSISTANCE, CONTRACT PAYMENT AND OTHER MATTERS

1989, c. 5, s. 213; 1990, c. 7, s. 166.

1029.8.17. In this division,

(a)  (paragraph repealed);

(b)  (paragraph repealed);

(b.0.1)  (paragraph repealed);

(b.0.2)  (paragraph repealed);

(b.1)  “taxable supplier” in respect of an amount means

i.  a person resident in Canada,

ii.  a Canadian partnership, or

iii.  a person not resident in Canada, or a partnership that is not a Canadian partnership, where the amount is paid or payable by such person or partnership in the course of carrying on a business through an establishment in Canada;

(c)  “contract payment” means

i.  an amount paid or payable by a taxable supplier in respect of the amount, for scientific research and experimental development to the extent that the research and development can reasonably be considered to have been undertaken for, or on behalf of, a person or partnership entitled to a deduction or a person or partnership carrying on a business in Canada and who would be entitled to a deduction if the person or partnership had an establishment in Québec, in respect of the amount under subsection 1 of section 222 by reason of the fact that the amount is a payment to which that subsection 1 first refers that is described in paragraph a of section 222.1 or by reason of the fact that the research and development is related to a business of the person or partnership and directly undertaken in Canada by, or on behalf of, the person or partnership;

ii.  an amount, other than a prescribed amount, payable by the Government of Canada or a provincial government, a municipality or other Canadian public authority or by a person exempt from tax under this Part by virtue of sections 980 to 985 and 985.23 to 999.1 for scientific research and experimental development to be performed for the authority or person, or on their behalf;

iii.  (subparagraph repealed).

1989, c. 5, s. 213; 1990, c. 7, s. 167; 1994, c. 22, s. 317; 1995, c. 1, s. 137; 1997, c. 31, s. 105; 2001, c. 51, s. 94; 2001, c. 53, s. 220; 2004, c. 21, s. 277; 2007, c. 12, s. 123.

1029.8.17.0.1. Where there is an arrangement under which an amount is paid or payable by a particular person or partnership to another person or partnership and a particular amount is received or receivable in respect of scientific research and experimental development by a person or partnership, other than the particular person or partnership or the other person or partnership, from a person or partnership that is not a taxable supplier in respect of the particular amount, and one of the main purposes of the arrangement can reasonably be considered to be to cause the particular amount not to be a contract payment, the particular amount is deemed to be a contract payment in respect of scientific research and experimental development.

1997, c. 31, s. 106.

1029.8.17.0.2. (Repealed).

2004, c. 21, s. 278; 2007, c. 12, s. 124.

1029.8.17.1. (Repealed).

1995, c. 63, s. 142; 1997, c. 3, s. 71; 1997, c. 14, s. 201.

1029.8.18. For the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a taxpayer pursuant to any of sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.9.0.3, 1029.8.9.0.4, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, the following rules apply:

(a)  the amount of the wages or of part of the consideration paid, of a qualified expenditure, except a prescribed proxy amount, of an eligible fee or of an eligible fee balance, referred to in any of sections 1029.7, 1029.8.6, 1029.8.9.0.3, 1029.8.10 and 1029.8.16.1.4, as the case may be, shall be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance attributable to the wages or to part of the consideration paid, to the qualified expenditure, to the eligible fee or to the eligible fee balance, as the case may be, that the taxpayer has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for that taxation year;

(b)  the share of a taxpayer who is a member of a partnership of the amount of the wages or of part of a consideration paid, of a qualified expenditure, except a prescribed proxy amount, of an eligible fee or of an eligible fee balance, referred to in any of sections 1029.8, 1029.8.7, 1029.8.9.0.4, 1029.8.11 and 1029.8.16.1.5, as the case may be, shall be reduced, where applicable,

i.  by his share of the amount of any contract payment, government assistance or non-government assistance, attributable to the wages or to part of the consideration paid, to the qualified expenditure, to the eligible fee or to the eligible fee balance, as the case may be, that the partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages, part of the consideration, the eligible fee or the eligible fee balance were paid or the qualified expenditure was made, as the case may be, or

ii.  by the amount of any government assistance or non-government assistance, attributable to the wages or part of the consideration paid, to the qualified expenditure, to the eligible fee or to the eligible fee balance, as the case may be, that the taxpayer has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages, part of the consideration, the eligible fee or the eligible fee balance were paid or the qualified expenditure was made, as the case may be; and

(c)  if the taxpayer or a particular partnership of which the taxpayer is a member has entered into a contract with a person, another partnership, an eligible university entity, an eligible public research centre or an eligible research consortium, within the meaning of paragraph f, a.1 or a.1.1 of section 1029.8.1, as the case may be, with whom or with which the taxpayer, or a member of the particular partnership, was not dealing at arm’s length at the time the contract was entered into,

i.  the amount of a portion of the consideration paid referred to in any of subparagraphs b, b.1, d and d.1 of the first paragraph of section 1029.7 or 1029.8 is to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance attributable to the wages paid to the employees of an establishment of the person or of the other partnership situated in Québec that are referred to in that subparagraph or to the portion of an expenditure incurred in respect of the salary or wages of the employees of an establishment of the person or of the other partnership situated in Québec referred to in that subparagraph, or that would be so attributable if the person or other partnership had such employees, and if the person or other partnership has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for the year, or the day that is six months after the end of the particular partnership’s fiscal period that ends in the year, as the case may be,

ii.  the amount of a portion of the consideration paid referred to in any of subparagraphs f, f.1, h and h.1 of the first paragraph of section 1029.7 or 1029.8 is to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance that is

(1)  attributable to that portion of the consideration and that the person or other partnership has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for the year, or the day that is six months after the end of the particular partnership’s fiscal period that ends in the year, as the case may be, or

(2)  attributable to the wages paid to the employees of an establishment of another person or partnership situated in Québec that are referred to in that subparagraph or to the portion of an expenditure incurred in respect of the salary or wages of the employees of an establishment of another person or partnership situated in Québec referred to in that subparagraph, or that would be so attributable if the other person or partnership had such employees, and if the other person or partnership referred to in that subparagraph has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for the year, or the day that is six months after the end of the particular partnership’s fiscal period that ends in the year, as the case may be,

iii.  all or a portion of the amount of a qualified expenditure referred to in subparagraph a of the first paragraph of section 1029.8.6 or 1029.8.7 is to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance attributable to expenditures in respect of scientific research and experimental development referred to in that subparagraph, which the eligible university entity, the eligible public research centre or the eligible research consortium, as the case may be, has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for the year, or the day that is six months after the end of the particular partnership’s fiscal period that ends in the year, as the case may be, and

iv.  all or a portion of a qualified expenditure referred to in subparagraph b of the first paragraph of any of sections 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 is to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance attributable to scientific research and experimental development referred to in that subparagraph, which the person or other partnership has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for the year, or the day that is six months after the end of the particular partnership’s fiscal period that ends in the year, as the case may be.

For the purposes of subparagraph i of subparagraph b of the first paragraph, a taxpayer’s share of the amount of a contract payment, government assistance or non-government assistance that the partnership has received, is entitled to receive or can reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

1989, c. 5, s. 213; 1990, c. 7, s. 168; 1993, c. 19, s. 106; 1995, c. 1, s. 138; 1995, c. 63, s. 143; 1997, c. 3, s. 71; 1997, c. 14, s. 202; 1997, c. 31, s. 143; 2001, c. 51, s. 95; 2007, c. 12, s. 125; 2009, c. 15, s. 214.

1029.8.18.0.1. For the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a taxpayer pursuant to any of sections 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, the following rules apply:

(a)  the prescribed proxy amount included in the amount of the qualified expenditure referred to in section 1029.8.10 or 1029.8.16.1.4 must be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance that may reasonably be considered to be in respect of an expenditure, other than an expenditure referred to in subparagraph c of the first paragraph of section 230, that the taxpayer has received, is entitled to receive or can reasonably expect to receive on or before the taxpayer’s filing-due date for that taxation year;

(b)  the share of a taxpayer who is a member of a partnership of the prescribed proxy amount included in the amount of the qualified expenditure referred to in section 1029.8.11 or 1029.8.16.1.5 must be reduced, where applicable,

i.  by his share of the amount of any contract payment, government assistance or non-government assistance that may reasonably be considered to be in respect of an expenditure, other than an expenditure referred to in subparagraph c of the first paragraph of section 230, that the partnership has received, is entitled to receive or can reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the qualified expenditure was made, or

ii.  by the amount of any government assistance or non-government assistance that may reasonably be considered to be in respect of an expenditure, other than an expenditure referred to in subparagraph c of the first paragraph of section 230, that the taxpayer has received, is entitled to receive or can reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the qualified expenditure was made.

For the purposes of subparagraph i of subparagraph b of the first paragraph, a taxpayer’s share of the amount of a contract payment, government assistance or non-government assistance that the partnership has received, is entitled to receive or can reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

1995, c. 1, s. 139; 1995, c. 63, s. 144; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2007, c. 12, s. 126; 2009, c. 15, s. 215.

1029.8.18.1. Where, at any particular time, a taxpayer pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of government assistance or non-government assistance that reduced, by reason of subparagraph a of the first paragraph of section 1029.8.18 or 1029.8.18.0.1, a particular expenditure, a particular eligible fee or a particular eligible fee balance for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by the taxpayer under any of Divisions II to II.3.0.1, the following rules apply:

(a)  the particular amount is deemed, for the purposes of that division,

i.  where the assistance reduced a particular expenditure, to be an expenditure for scientific research and experimental development made at the particular time by the taxpayer on the same basis as was the particular expenditure, and

ii.  where the assistance reduced a particular eligible fee or a particular eligible fee balance, to be an eligible fee or an eligible fee balance, as the case may be, for the taxation year in which the taxpayer paid the particular amount;

(b)  the amount that the taxpayer is deemed to have paid to the Minister under that division in respect of the particular amount is deemed

i.  to be equal to the amount that, but for the assistance, would have been deemed to have been paid to the Minister by the taxpayer under that division in respect of that portion of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid, and

ii.  to have been paid to the Minister under the same provision of that division as the provision under which, but for the assistance, the taxpayer would have been deemed to have paid an amount to the Minister in respect of that portion of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid.

1992, c. 1, s. 173; 1995, c. 63, s. 145; 1997, c. 14, s. 203; 2001, c. 51, s. 96; 2006, c. 36, s. 107; 2007, c. 12, s. 127; 2009, c. 5, s. 436.

1029.8.18.1.1. Where, at any particular time, a partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of government assistance or non-government assistance that reduced, by reason of subparagraph i of subparagraph b of the first paragraph of section 1029.8.18 or 1029.8.18.0.1, the share of a taxpayer who is a member of the partnership of a particular expenditure made by the partnership, of a particular eligible fee or of a particular eligible fee balance of the partnership, for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by the taxpayer under any of Divisions II to II.3.0.1, the following rules apply:

(a)  the particular amount is deemed, for the purposes of that division,

i.  where the assistance reduced a particular expenditure, to be an expenditure for scientific research and experimental development made at the particular time by the partnership on the same basis as was the particular expenditure, and

ii.  where the assistance reduced a particular eligible fee or a particular eligible fee balance, to be an eligible fee or an eligible fee balance, as the case may be, for the fiscal period of the partnership in which the partnership paid the particular amount;

(b)  the amount that the taxpayer is deemed to have paid to the Minister under that division in respect of the particular amount is deemed

i.  to be equal to the amount that, but for the assistance and if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ended in the taxation year were the same as that for the partnership’s fiscal period that includes the particular time, would have been deemed to have been paid to the Minister by the taxpayer under that division in respect of that portion of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid, and

ii.  to have been paid to the Minister under the same provision of that division as the provision under which, but for the assistance, the taxpayer would have been deemed to have paid an amount to the Minister in respect of that portion of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid.

1995, c. 63, s. 146; 1997, c. 3, s. 71; 1997, c. 14, s. 204; 2001, c. 51, s. 97; 2006, c. 36, s. 108; 2007, c. 12, s. 128; 2009, c. 5, s. 437; 2009, c. 15, s. 216.

1029.8.18.1.2. Where, at any particular time, a taxpayer who is a member of a partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of government assistance or non-government assistance that reduced, by reason of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.18 or 1029.8.18.0.1, the taxpayer’s share of a particular expenditure made by the partnership, of a particular eligible fee or of a particular eligible fee balance of the partnership, for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by the taxpayer under any of Divisions II to II.3.0.1, the following rules apply:

(a)  the particular amount is deemed, for the purposes of that division,

i.  where the assistance reduced the taxpayer’s share of a particular expenditure, to be the taxpayer’s share of an expenditure for scientific research and experimental development made at the particular time by the partnership on the same basis as was the particular expenditure, and

ii.  where the assistance reduced the taxpayer’s share of a particular eligible fee or a particular eligible fee balance, to be an eligible fee or eligible fee balance, as the case may be, of the partnership for the fiscal period of the partnership ending in the taxation year of the taxpayer in which the taxpayer pays the particular amount;

(b)  the amount that the taxpayer is deemed to have paid to the Minister under that division in respect of the particular amount is deemed

i.  to be equal to the amount that, but for the assistance, would have been deemed to have been paid to the Minister by the taxpayer under that division in respect of that portion of the taxpayer’s share of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid, and

ii.  to have been paid to the Minister under the same provision of that division as the provision under which, but for the assistance, the taxpayer would have been deemed to have paid an amount to the Minister in respect of that portion of the taxpayer’s share of the particular expenditure, particular eligible fee or particular eligible fee balance corresponding to the assistance so repaid.

1995, c. 63, s. 146; 1997, c. 3, s. 71; 1997, c. 14, s. 205; 2001, c. 51, s. 98; 2006, c. 36, s. 109; 2007, c. 12, s. 129; 2009, c. 5, s. 438.

1029.8.18.1.3. If, at a particular time, a person, a partnership, an eligible university entity within the meaning of paragraph f of section 1029.8.1, an eligible public research centre within the meaning of paragraph a.1 of that section, or an eligible research consortium within the meaning of paragraph a.1.1 of that section, as the case may be, pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of government assistance or non-government assistance that the person, partnership, entity, centre or consortium received and that reduced, because of subparagraph c of the first paragraph of section 1029.8.18, a particular expenditure made by a taxpayer or a particular partnership, for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by the taxpayer, or by a taxpayer who is a member of the particular partnership, under any of Divisions II, II.1, II.3 and II.3.0.1, the following rules apply:

(a)  the particular amount is deemed, for the purposes of that division, to be an expenditure for scientific research and experimental development made at the particular time by the taxpayer or the particular partnership on the same basis as was the particular expenditure; and

(b)  the amount that the taxpayer is deemed to have paid to the Minister under that division in respect of the particular amount is deemed

i.  to be equal to the amount that, but for the assistance and, when the taxpayer is a member of the particular partnership, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ended in the taxation year were the same as that for the particular partnership’s fiscal period that includes the particular time, would have been deemed to have been paid to the Minister by the taxpayer under that division in respect of that portion of the particular expenditure corresponding to the assistance so repaid, and

ii.  to have been paid to the Minister under the same provision of that division as the provision under which, but for the assistance, the taxpayer would have been deemed to have paid an amount to the Minister in respect of that portion of the particular expenditure corresponding to the assistance so repaid.

2007, c. 12, s. 130; 2009, c. 15, s. 217.

1029.8.18.2. For the purposes of sections 1029.8.18.1 to 1029.8.18.1.2, an amount of assistance is deemed to be repaid, at a particular time, by a taxpayer or a partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.18, the amount of the wages or of part of the consideration paid, of a qualified expenditure, of an eligible fee or of an eligible fee balance, as the case may be, the taxpayer’s share of such an amount or, because of section 1029.8.18.0.1, the prescribed proxy amount included in the amount of a qualified expenditure, or the taxpayer’s share of such a prescribed proxy amount, for the purpose of computing the amount that is deemed to have been paid by the taxpayer to the Minister for a taxation year under Divisions II to II.3.0.1;

(b)  was not received by the taxpayer or the partnership, and

(c)  ceased, at the particular time, to be an amount that the taxpayer or the partnership can reasonably expect to receive.

1994, c. 22, s. 318; 1995, c. 1, s. 140; 1995, c. 63, s. 147; 1997, c. 3, s. 71; 2001, c. 51, s. 99; 2006, c. 36, s. 110; 2007, c. 12, s. 131.

1029.8.18.3. For the purposes of section 1029.8.18.1.3, an amount of assistance received by a person, a partnership, an eligible university entity within the meaning of paragraph f of section 1029.8.1, an eligible public research centre within the meaning of paragraph a.1 of that section, or an eligible research consortium within the meaning of paragraph a.1.1 of that section, as the case may be, is deemed to be repaid by the person, partnership, entity, centre or consortium at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced, because of paragraph c of section 1029.8.18, the amount of a portion of the consideration paid, or all or a portion of a qualified expenditure, for the purpose of computing the amount that is deemed to have been paid by a taxpayer to the Minister for a taxation year under any of Divisions II, II.1, II.3 and II.3.0.1;

(b)  was not received by the person, partnership, eligible university entity, eligible public research centre or eligible research consortium; and

(c)  ceased, at the particular time, to be an amount that the person, partnership, eligible university entity, eligible public research centre or eligible research consortium can reasonably expect to receive.

2007, c. 12, s. 132.

1029.8.19. Where, in respect of a scientific research and experimental development project contemplated in any of sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.9.0.3, 1029.8.9.0.4, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, or in respect of the carrying out thereof, a person or a partnership has obtained, is entitled to obtain or can reasonably be expected to obtain a benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of that property or in any other form or manner, and it may reasonably be considered that the direct or indirect effect of such benefit or advantage is to compensate or indemnify a party to the project or to otherwise benefit such a party, in any manner whatsoever, for the purpose of computing the amount that is deemed to have been paid to the Minister, for a taxation year, by the taxpayer pursuant to any of the said sections, the amount of the wages, of the part of the consideration, of the qualified expenditure, of the eligible fee or of the eligible fee balance, as the case may be, shall be reduced by the amount of the benefit or advantage which the person or the partnership has obtained, is entitled to obtain or can reasonably be expected to obtain on or before the taxpayer’s filing-due date for that taxation year.

1990, c. 7, s. 169; 1993, c. 19, s. 107; 1995, c. 1, s. 141; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 31, s. 107; 2001, c. 51, s. 100; 2007, c. 12, s. 133.

1029.8.19.1. Notwithstanding sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, where a taxpayer or a partnership causes scientific research and experimental development to be undertaken by an eligible public research centre, an eligible research consortium or an eligible university entity, within the meaning of paragraph a.1, a.1.1 or f of section 1029.8.1, as the case may be, and the consideration payable or paid by the taxpayer or the partnership for such scientific research and experimental development does not consist in whole of currency, the taxpayer or a taxpayer who is a member of the partnership, as the case may be, is deemed not to be deemed to have paid to the Minister an amount under any of the said sections in respect of all or any part of the consideration that cannot reasonably be considered to be payable or paid in currency.

1993, c. 19, s. 108; 1997, c. 3, s. 71; 2007, c. 12, s. 134.

1029.8.19.2. Notwithstanding sections 1029.7 and 1029.8, in respect of the portion of a consideration referred to in subparagraphs c and g of the first paragraph of each of those sections, and notwithstanding sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, where, in respect of a scientific research and experimental development project referred to in any of those sections or in respect of the carrying out of such a project, a taxpayer, a partnership, a member of that partnership, a person not dealing at arm’s length with the taxpayer, the partnership or any member thereof, or any other person designated by the Minister, has obtained, is entitled to obtain or may reasonably expect to obtain a contribution or, upon a determination by the Minister to that effect, is deemed to have obtained or to be entitled to obtain a contribution, from a person or a partnership who or that is a party to the project, from a person or a partnership not dealing at arm’s length with that person or partnership, or from any other person or partnership designated by the Minister, a taxpayer or any taxpayer who is a member of a partnership, as the case may be, who, but for this section, would have been deemed to have paid to the Minister an amount under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraphs c and g of the first paragraph of that section, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 in respect of the project, is deemed not to be deemed to have paid to the Minister an amount under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraphs c and g of the first paragraph of that section, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, in respect of the project.

Notwithstanding sections 1029.7 and 1029.8, in respect of the portion of a consideration referred to in subparagraphs e and i of the first paragraph of each of those sections, where, in respect of a contract for work relating to scientific research and experimental development referred to in those sections or in respect of the performance of the contract, a taxpayer, a partnership, a member of that partnership, a person not dealing at arm’s length with the taxpayer, the partnership or any member thereof, or any other person designated by the Minister, has obtained, is entitled to obtain or may reasonably expect to obtain a contribution or, upon a determination by the Minister to that effect, is deemed to have obtained or to be entitled to obtain a contribution, from a person or a partnership who or that is a party to the work, from a person or a partnership not dealing at arm’s length with that person or partnership, or from any other person or partnership designated by the Minister, a taxpayer or any taxpayer who is a member of a partnership, as the case may be, who, but for this section, would have been deemed to have paid to the Minister an amount under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraphs e and i of the first paragraph of that section, in respect of that contract, is deemed not to be deemed to have paid to the Minister an amount under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraphs e and i of the first paragraph of that section, in respect of that contract.

A contribution to which the first paragraph refers in respect of a scientific research and experimental development project or in respect of the carrying out of such a project, or to which the second paragraph refers in respect of a contract for work relating to scientific research and experimental development or in respect of the performance of the contract, means

(a)  except for the purpose of determining the amount that a taxpayer is deemed to have paid to the Minister, on account of the taxpayer’s tax payable for a taxation year under section 1029.7 or 1029.8 in respect of a portion of a consideration referred to in any of subparagraphs c, e, g and i of the first paragraph of those sections, a contribution whether in the form of a payment in currency, a transfer of ownership of a property, an assignment of the use or of a right to use a property or in any other form or manner, other than a property resulting from scientific research and experimental development undertaken as part of the project or arising from the work relating to scientific research and experimental development carried out as part of the contract, as the case may be;

(b)  a former, present or future right in the proceeds of disposition of part or all of the intellectual property arising from the project or contract, as the case may be;

(c)  property designated by the Minister as being a contribution.

Notwithstanding the third paragraph, where a university foundation, within the meaning of paragraph f.1 of section 1029.8.1, becomes surety for a corporation in respect of the payment of amounts used for the financing of scientific research and experimental development provided for in a university research contract, within the meaning of paragraph b of section 1029.8.1, entered into before 1 January 1998 between the corporation and an eligible university entity, within the meaning of paragraph f of section 1029.8.1, the amount furnished under the suretyship is deemed not to be a contribution referred to in that third paragraph if

(a)  the corporation carries on an eligible business throughout its taxation year in which the contract is entered into and the three preceding taxation years;

(b)  the assets of the corporation shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its taxation year that precedes the taxation year in which the contract is entered into, were less than $5,000,000;

(c)  the amount under the suretyship does not exceed 40% of the portion of the cost of the contract that is attributable to such scientific research and experimental development; and

(d)  the term of the contract does not exceed 36 months and its cost does not exceed the proportion of $4,500,000 that the number of months in the term of the contract is of 36.

For the purposes of subparagraph b of the sixth paragraph, sections 1029.7.3 to 1029.7.6 apply, with the necessary modifications, for the purpose of determining the assets of a corporation.

For the purposes of subparagraphs c and d of the sixth paragraph, the cost of the contract referred to in that paragraph is equal to the portion of the consideration that the corporation undertakes to pay in accordance with the contract and that is attributable to scientific research and experimental development described in the contract, less the amount of any government assistance and non-government assistance that is attributable to the portion of that consideration, that the corporation has received, is entitled to receive or may reasonably expect to receive in respect of the scientific research and experimental development project or in respect of the carrying out of the project.

Despite the third paragraph, if an expenditure for scientific research and experimental development is incurred or borne by an eligible public research centre, an eligible research consortium or an eligible university entity, within the meaning of any of paragraphs a.1, a.1.1 and f of section 1029.8.1, in respect of scientific research and experimental development work undertaken by the centre, consortium or entity as part of a contract referred to in any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 entered into between a taxpayer or partnership and the centre, consortium or entity, the expenditure is deemed not to be a contribution referred to in the third paragraph.

Notwithstanding the third paragraph, where, in relation to a university research contract or an eligible research contract, part of the scientific research and experimental development provided for in the contract is carried out by a person other than the eligible university entity, eligible public research centre or eligible research consortium, that is a party to the contract, in this paragraph referred to as the “recognized body”, the part of the scientific research and experimental development is not deemed to be carried out by the recognized body, in accordance with section 1029.8.9.0.1.2, and the recognized body does not directly take part in the financing of the scientific research and experimental development project by making or bearing expenditures to carry out the part of the scientific research and experimental development, the amount of that part of the scientific research and experimental development, to the extent that it would have been a contribution referred to in that third paragraph, but for this paragraph, is deemed not to be a contribution referred to in that third paragraph.

1993, c. 19, s. 108; 1993, c. 64, s. 155; 1995, c. 1, s. 142; 1995, c. 63, s. 148; 1995, c. 63, s. 535; 1997, c. 3, s. 71; 1997, c. 14, s. 206; 1999, c. 83, s. 171; 2000, c. 39, s. 129; 2002, c. 40, s. 109; 2007, c. 12, s. 135; 2009, c. 15, s. 218.

1029.8.19.3. Notwithstanding section 1029.8.19.2, a taxpayer may be deemed to have paid an amount to the Minister under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraph c or g of the first paragraph of each of those sections, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, in respect of a project referred to in the first paragraph of that section 1029.8.19.2 in which the scientific research and experimental development is undertaken, in whole or in part, on behalf of the taxpayer or the partnership of which the taxpayer is a member, by another person or partnership if, were it not for section 1029.8.19.2, an amount would have been deemed to have been paid to the Minister under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraph c or g of the first paragraph of that section, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 and if each contribution referred to in the first paragraph of that section 1029.8.19.2, in respect of the project or the carrying out thereof, constitutes an expenditure made by the other person or partnership or, where subparagraph g of the first paragraph of section 1029.7 or 1029.8 applies, by the other person or partnership referred to in that subparagraph, to undertake, in whole or in part, the scientific research and experimental development.

Notwithstanding section 1029.8.19.2, a taxpayer may be deemed to have paid an amount to the Minister under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraph e or i of the first paragraph of each of those sections, under a contract referred to in the second paragraph of that section 1029.8.19.2 in which the work relating to scientific research and experimental development is undertaken, in whole or in part, on behalf of the taxpayer or the partnership of which the taxpayer is a member, by another person or partnership if, were it not for section 1029.8.19.2, an amount would have been deemed to have been paid to the Minister under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraph e or i of the first paragraph of that section and if each contribution referred to in the second paragraph of that section 1029.8.19.2, in respect of the contract or the performance of the contract, constitutes an expenditure made by the other person or partnership or, where subparagraph i of the first paragraph of section 1029.7 or 1029.8 applies, by the other person or partnership referred to in that subparagraph, to undertake, in whole or in part, that work.

Where the first or second paragraph applies to a taxpayer, the amount deemed to have been paid to the Minister, under section 1029.7 or 1029.8, in respect of the portion of a consideration referred to in subparagraph c, e, g or i of the first paragraph of that section, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, shall be determined only on the portion of the qualified expenditure in respect of which an amount was otherwise deemed to have been paid to the Minister under that section 1029.7 or 1029.8 in respect of the portion of the consideration referred to in subparagraph c, e, g or i of the first paragraph of that section, or under any of sections 1029.8.6, 1029.8.7, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5, reduced by the amount of a contribution referred to in the first paragraph of section 1029.8.19.2 in respect of the project or the carrying out thereof or in the second paragraph of that section in respect of the contract or the performance thereof, as the case may be.

1993, c. 19, s. 108; 1993, c. 64, s. 155; 1995, c. 1, s. 143; 1995, c. 63, s. 149; 1995, c. 63, s. 535; 1997, c. 14, s. 207; 1999, c. 83, s. 172; 2007, c. 12, s. 136.

1029.8.19.3.1. (Repealed).

2002, c. 40, s. 110; 2003, c. 9, s. 186; 2004, c. 21, s. 279; 2007, c. 12, s. 137.

1029.8.19.4. (Repealed).

1993, c. 19, s. 108; 1993, c. 64, s. 156.

1029.8.19.5. Notwithstanding sections 1029.7 and 1029.8, in respect of wages or the portion of a consideration referred to in any of subparagraphs a, b, b.1, f and f.1 of the first paragraph of those sections, where, in respect of a scientific research and experimental development project contemplated in either of those sections or in respect of the carrying out of such a project, a taxpayer, a partnership, a member of that partnership, a person not dealing at arm’s length with the taxpayer, the partnership or any member thereof, or any other person designated by the Minister, has obtained, is entitled to obtain or can reasonably be expected to obtain, or, upon a determination by the Minister to that effect, is deemed to have obtained or to be entitled to obtain, from a person or a partnership who or that is a party to the project, from a person or a partnership not dealing at arm’s length with that person or partnership, or from any other person or partnership designated by the Minister, a contribution, the taxpayer or any taxpayer who is a member of the partnership, as the case may be, is deemed not to be deemed to have paid to the Minister an amount under either of those sections, in respect of wages or the portion of a consideration referred to in any of subparagraphs a, b, b.1, f and f.1 of the first paragraph of those sections, in respect of such a project.

Notwithstanding sections 1029.7 and 1029.8, in respect of the portion of a consideration referred to in any of subparagraphs d, d.1, h and h.1 of the first paragraph of each of those sections, where, in respect of a contract for work relating to scientific research and experimental development referred to in either of those subparagraphs or in respect of the performance of the contract, a taxpayer, a partnership, a member of that partnership, a person not dealing at arm’s length with the taxpayer, the partnership or any member thereof, or any other person designated by the Minister, has obtained, is entitled to obtain or may reasonably expect to obtain a contribution or, upon a determination by the Minister to that effect, is deemed to have obtained or to be entitled to obtain a contribution, from a person or a partnership who or that is a party to the work, from a person or a partnership not dealing at arm’s length with that person or partnership, or from any other person or partnership designated by the Minister, the taxpayer or any taxpayer who is a member of the partnership, as the case may be, is deemed not to be deemed to have paid to the Minister an amount under either of those sections, in respect of the portion of a consideration referred to in any of subparagraphs d, d.1, h and h.1 of the first paragraph of each of those sections, in respect of that contract.

A contribution to which the first paragraph refers in respect of a scientific research and experimental development project or in respect of the carrying out of such a project, or to which the second paragraph refers in respect of a contract for work relating to scientific research and experimental development or in respect of the performance of the contract, means

(a)  a former, present or future right in the proceeds of disposition of part or all of the intellectual property arising from the project or contract, as the case may be;

(b)  property designated by the Minister as being a contribution;

(c)  (subparagraph repealed).

1993, c. 64, s. 157; 1995, c. 1, s. 144; 1995, c. 63, s. 150; 1995, c. 63, s. 537; 1995, c. 63, s. 546; 1997, c. 3, s. 71; 1997, c. 14, s. 208; 1999, c. 83, s. 173; 2000, c. 39, s. 130; 2002, c. 40, s. 111; 2005, c. 1, s. 222; 2007, c. 12, s. 138.

1029.8.19.5.1. (Repealed).

2002, c. 40, s. 112; 2003, c. 9, s. 187; 2004, c. 21, s. 280; 2005, c. 1, s. 223; 2007, c. 12, s. 139.

1029.8.19.6. For the purposes of section 1029.8.19.2, where, in respect of a scientific research and experimental development project or in respect of the carrying out of such project, a taxpayer or a partnership causes scientific research and experimental development to be undertaken for his or its benefit pursuant to an agreement referred to in any of sections 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 to which the taxpayer or the partnership is a party, an expenditure made to undertake such scientific research and experimental development does not constitute, for the taxpayer or partnership, a contribution in respect of the project or the carrying out thereof, subject to a determination to the contrary by the Minister as provided for in section 1029.8.19.2, insofar as the expenditure constitutes for the taxpayer or partnership a transaction occurring in the ordinary course of a business carried on by the taxpayer or partnership, as the case may be, and would have constituted a qualified expenditure for the taxpayer or partnership if the expenditure had been made by the taxpayer or the partnership.

1993, c. 64, s. 157; 1997, c. 3, s. 71; 2007, c. 12, s. 140.

1029.8.19.7. For the purposes of the first paragraph of section 1029.8.19.2, in respect of a scientific research and experimental development project referred to in that paragraph or in respect of the carrying out of such a project, and for the purposes of the second paragraph of that section, in respect of a contract for work relating to scientific research and experimental development referred to in that paragraph, or in respect of the performance of the contract, a contribution whether in the form of a payment in currency, a transfer of ownership of a property, an assignment of the use or of the right to use a property, referred to in subparagraph a of the third paragraph of section 1029.8.19.2, is deemed, subject to a determination to the contrary by the Minister, not to be a contribution in respect of the project or its carrying out, or in respect of the contract or its performance, as the case may be, if

(a)  the contribution results from the acquisition of a property or the provision of a service following a transaction occurring in the ordinary course of a business carried on by the taxpayer, the partnership, the member or a person referred to in the first or second paragraph of section 1029.8.19.2;

(b)  the property or the provision of the service that is the subject of the transaction is acquired or supplied for an amount not exceeding its fair market value if the person or the partnership making the contribution is the purchaser of the property or of the provision of the service and for an amount that is not less than its fair market value if the person or the partnership making the contribution is the person or partnership disposing of the property or supplying the provision of the service; and

(c)  the contribution is not in the form of an expenditure made to undertake the scientific research and experimental development referred to in the first paragraph of section 1029.8.19.3 or the work relating to scientific research and experimental development referred to in the second paragraph of section 1029.8.19.3, or to cause such scientific research and experimental development or such work relating to scientific research and experimental development to be undertaken.

1995, c. 63, s. 151; 1997, c. 3, s. 71; 1997, c. 14, s. 209; 2002, c. 40, s. 113; 2003, c. 9, s. 188; 2004, c. 21, s. 281; 2007, c. 12, s. 141.

1029.8.20. Where a taxpayer carries on a business in Canada in a taxation year by reason of an arrangement, a transaction or an event, or of a series of arrangements, transactions or events, and it may reasonably be considered that one of the purposes of the arrangement, transaction or event or of the series of arrangements, transactions or events is to cause the taxpayer to carry on the business so as to allow the taxpayer to be deemed to have paid an amount to the Minister for that taxation year under any of sections 1029.7, 1029.8.6, 1029.8.9.0.3 and 1029.8.10, the taxpayer is, for the purposes of those sections, deemed not to carry on the business in that year by reason of the arrangement, transaction or event or of the series of arrangements, transactions or events unless the taxpayer is, by reason of the arrangement, transaction or event or of the series of arrangements, transactions or events, a member of a partnership other than a specified member of that partnership.

1990, c. 7, s. 169; 1993, c. 19, s. 109; 2000, c. 39, s. 131; 2006, c. 13, s. 106; 2009, c. 5, s. 439.

1029.8.20.1. (Repealed).

2000, c. 39, s. 132; 2010, c. 25, s. 123.

1029.8.21. For the purposes of Divisions II to II.4, where a taxpayer is a corporation, scientific research and experimental development related to a business carried on by another corporation to which the taxpayer is related, otherwise than by reason of a right referred to in paragraph b of section 20, and in which that other corporation is actively engaged at the time at which an expenditure or payment in respect of scientific research and experimental development is made by the taxpayer, shall be considered to be related to a business of the taxpayer at that time.

1990, c. 59, s. 345; 1997, c. 3, s. 71; 2004, c. 21, s. 282.

1029.8.21.0.1. In determining, for the purposes of Divisions II to II.4, whether work undertaken by or on behalf of a partnership constitutes scientific research and experimental development, the references in subsection 3 of section 222 to “taxpayer” shall be read as references to “partnership”.

2000, c. 5, s. 249.

1029.8.21.1. For the purposes of Divisions II, II.1, II.3 and II.3.0.1, expenditures made by a taxpayer or a partnership to acquire property described in paragraph a of section 223 is deemed not to have been made before the property is considered to have become available for use by the taxpayer or the partnership, without reference to subparagraph c of the first paragraph of section 93.7 and subparagraph d of the first paragraph of section 93.8.

1993, c. 16, s. 334; 1997, c. 3, s. 71; 2004, c. 21, s. 283; 2007, c. 12, s. 142.

1029.8.21.2. For the purposes of this Part and the regulations, the amount that a taxpayer is deemed to have paid to the Minister for a taxation year under any of sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.9.0.3, 1029.8.9.0.4, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 is deemed not to be assistance or an inducement that the taxpayer or, where the taxpayer is a member of a partnership, the partnership of which the taxpayer is a member has received from a government.

1993, c. 19, s. 110; 1995, c. 63, s. 152; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2000, c. 39, s. 133; 2007, c. 12, s. 143; 2010, c. 25, s. 124.

1029.8.21.3. (Repealed).

1995, c. 1, s. 145; 1995, c. 63, s. 153; 1997, c. 14, s. 210; 1997, c. 31, s. 108; 2000, c. 5, s. 250; 2000, c. 39, s. 134; 2001, c. 51, s. 101; 2002, c. 9, s. 50.

1029.8.21.3.1. A taxpayer may not be deemed to have paid an amount to the Minister on account of the taxpayer’s tax payable for a particular taxation year under any of sections 1029.7, 1029.8, 1029.8.6, 1029.8.7, 1029.8.9.0.3, 1029.8.9.0.4, 1029.8.10, 1029.8.11, 1029.8.16.1.4 and 1029.8.16.1.5 in respect of an expenditure that is wages or part of a consideration, a qualified expenditure, an eligible fee or an eligible fee balance, as the case may be, if that expenditure is deemed not to be an expenditure on or in respect of scientific research and experimental development because of the application of section 230.0.0.5.

2000, c. 5, s. 251; 2001, c. 51, s. 102; 2007, c. 12, s. 144.

1029.8.21.3.2. (Repealed).

2006, c. 13, s. 107; 2009, c. 5, s. 440.

DIVISION II.4.1

Repealed, 2003, c. 9, s. 189.

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.4. (Repealed).

1997, c. 85, s. 250; 1999, c. 36, s. 160; 1999, c. 83, s. 174; 2000, c. 5, s. 252; 2001, c. 51, s. 228; 2003, c. 9, s. 189.

1029.8.21.5. (Repealed).

1997, c. 85, s. 250; 1999, c. 36, s. 160; 2003, c. 9, s. 189.

1029.8.21.6. (Repealed).

1997, c. 85, s. 250; 1999, c. 36, s. 160; 2003, c. 9, s. 189.

1029.8.21.7. (Repealed).

1997, c. 85, s. 250; 1999, c. 36, s. 160; 1999, c. 83, s. 175; 2003, c. 9, s. 189.

1029.8.21.8. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.9. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.10. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.11. (Repealed).

1997, c. 85, s. 250; 1999, c. 83, s. 176; 2001, c. 7, s. 169; 2003, c. 9, s. 189.

1029.8.21.12. (Repealed).

1997, c. 85, s. 250; 1999, c. 83, s. 177; 2001, c. 7, s. 169; 2003, c. 9, s. 189.

1029.8.21.13. (Repealed).

1997, c. 85, s. 250; 1999, c. 83, s. 178; 2001, c. 7, s. 169; 2003, c. 9, s. 189.

1029.8.21.14. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.15. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

1029.8.21.16. (Repealed).

1997, c. 85, s. 250; 2003, c. 9, s. 189.

DIVISION II.4.2 CREDIT FOR TECHNOLOGICAL ADAPTATION SERVICES

§ 1 . — Interpretation and general

2000, c. 39, s. 135.

1029.8.21.17. In this division,

“eligible college centre for the transfer of technology” means a prescribed college centre for the transfer of technology or a prescribed research centre affiliated with such a centre;

“eligible competitive intelligence centre” means a prescribed competitive intelligence centre;

“eligible competitive intelligence service” means a prescribed competitive intelligence product or service;

“eligible liaison and transfer centre” means a prescribed liaison and transfer centre;

“eligible liaison and transfer service” means a prescribed liaison and transfer product or service;

“expenditure in respect of an eligible competitive intelligence service” of a qualified corporation for a taxation year or a qualified partnership for a fiscal period means an amount incurred by the qualified corporation in the year or the qualified partnership in the fiscal period, as the case may be, but before 1 April 2005, under a contract entered into before 31 March 2004 with an eligible competitive intelligence centre, that is, to the extent that that amount is paid, the aggregate of

(a)  80% of the fees relating to an eligible competitive intelligence service provided by the eligible competitive intelligence centre;

(b)  the fees relating to a subscription, in respect of an eligible competitive intelligence service, offered by the eligible competitive intelligence centre; and

(c)  the fees for training and information activities in relation to an eligible competitive intelligence service, offered by the eligible competitive intelligence centre;

“expenditure in respect of an eligible liaison and transfer service” of a qualified corporation for a taxation year or a qualified partnership for a fiscal period means an amount incurred by the qualified corporation in the year or the qualified partnership in the fiscal period, as the case may be, under a contract entered into with an eligible liaison and transfer centre or an eligible college centre for technology transfer, that is, to the extent that that amount is paid, the aggregate of

(a)  80% of the fees relating to an eligible liaison and transfer service provided by the eligible liaison and transfer centre or the eligible college centre for technology transfer, as the case may be;

(b)  the fees relating to a subscription, in respect of an eligible liaison and transfer service, offered by the eligible liaison and transfer centre or the eligible college centre for the transfer of technology, as the case may be, provided these fees are incurred before 1 April 2005 under a contract entered into before 31 March 2004; and

(c)  the fees for training and information activities in relation to an eligible liaison and transfer service, offered by the eligible liaison and transfer centre or the eligible college centre for technology transfer, as the case may be;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, but does not include;

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on all of its taxable income for the year by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

“qualified expenditure” means an expenditure in respect of an eligible competitive intelligence service or an expenditure in respect of an eligible liaison and transfer service, as the case may be;

“qualified partnership” for a fiscal period means a partnership that, if it were a corporation, would be a qualified corporation for that fiscal period.

For the purposes of the definition of “expenditure in respect of an eligible competitive intelligence service” and of “expenditure in respect of an eligible liaison and transfer service” in the first paragraph, the following rules apply:

(a)  only the fees for occasional appreciation training activities, otherwise than as part of a regular training program, may be taken into account as fees for training activities referred to in paragraph c of the definition of those expressions; and

(b)  the amount of the expenditure referred to in any of paragraphs a to c of the definition of those expressions shall be reduced by the aggregate of all amounts each of which is the amount of government assistance or non-government assistance, to the extent that the amount of that assistance is attributable to the expenditure to which it relates, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive, on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period.

2000, c. 39, s. 135; 2001, c. 51, s. 228; 2001, c. 53, s. 260; 2002, c. 9, s. 51; 2002, c. 40, s. 114; 2003, c. 29, s. 149; 2005, c. 1, s. 224; 2005, c. 23, s. 146.

1029.8.21.17.1. (Repealed).

2002, c. 40, s. 115; 2005, c. 23, s. 147.

1029.8.21.17.2. (Repealed).

2002, c. 40, s. 115; 2005, c. 23, s. 147.

1029.8.21.17.3. (Repealed).

2002, c. 40, s. 115; 2005, c. 23, s. 147.

1029.8.21.18. (Repealed).

2000, c. 39, s. 135; 2002, c. 40, s. 116; 2005, c. 23, s. 147.

1029.8.21.19. (Repealed).

2000, c. 39, s. 135; 2002, c. 40, s. 116; 2005, c. 1, s. 225; 2005, c. 23, s. 147.

1029.8.21.20. (Repealed).

2000, c. 39, s. 135; 2002, c. 40, s. 116; 2005, c. 23, s. 147.

1029.8.21.21. (Repealed).

2000, c. 39, s. 135; 2002, c. 40, s. 116; 2005, c. 23, s. 147.

§ 2 . — Credits

2000, c. 39, s. 135.

1029.8.21.22. A qualified corporation that, in a taxation year, incurs a qualified expenditure is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 50% of the qualified expenditure, if it encloses, with its fiscal return it is required to file for the year under section 1000, the prescribed form containing the prescribed information and a copy of the receipt issued by the eligible college centre for the transfer of technology, the eligible competitive intelligence centre or the eligible liaison and transfer centre, as the case may be, in respect of the expenditure.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 135; 2001, c. 53, s. 260; 2003, c. 9, s. 190; 2004, c. 21, s. 284; 2005, c. 23, s. 148.

1029.8.21.23. Where a qualified partnership incurs a qualified expenditure in a fiscal period, each qualified corporation that is a member of the partnership at the end of that fiscal period is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for the corporation’s taxation year in which that fiscal period ends, on account of the corporation’s tax payable for that year under this Part, an amount equal to 50% of the corporation’s share, for that fiscal period, of the expenditure, if it encloses, with its fiscal return it is required to file for the year under section 1000, the prescribed form containing the prescribed information and a copy of the receipt issued by the eligible college centre for the transfer of technology, the eligible competitive intelligence centre or the eligible liaison and transfer centre, as the case may be, in respect of the expenditure.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the qualified partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 135; 2001, c. 53, s. 260; 2003, c. 9, s. 191; 2004, c. 21, s. 285; 2005, c. 23, s. 149.

1029.8.21.24. For the purposes of section 1029.8.21.23, a qualified corporation’s share of a qualified expenditure incurred in a fiscal period by a qualified partnership of which the qualified corporation is a member is equal to the agreed proportion of the expenditure in respect of the qualified corporation for the fiscal period.

2000, c. 39, s. 135; 2009, c. 15, s. 219.

1029.8.21.25. Where a corporation referred to in section 1029.8.21.23 has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period referred to in that section, government assistance or non-government assistance in respect of an expenditure included in computing the qualified expenditure incurred by the partnership in that fiscal period, the qualified expenditure shall, for the purpose of computing the amount deemed to have been paid to the Minister by the corporation under that section 1029.8.21.23 for the taxation year referred to therein in relation to the qualified expenditure, be determined as if

(a)  the amount of the assistance had been received by the partnership during the fiscal period; and

(b)  the amount of the assistance were equal to the product obtained by multiplying the amount of assistance otherwise determined by the reciprocal of the agreed proportion in respect of the corporation for the partnership’s fiscal period.

2000, c. 39, s. 135; 2009, c. 15, s. 220.

1029.8.21.26. Where a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph b of the second paragraph of section 1029.8.21.17 that was taken into account for the purpose of computing a qualified expenditure incurred by the corporation in a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.21.22 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the qualified expenditure, under section 1029.8.21.22, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under that subparagraph b, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.21.22 for the particular year, in respect of the qualified expenditure; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year, in respect of an amount of repayment of that assistance.

2000, c. 39, s. 135; 2002, c. 40, s. 117.

1029.8.21.27. Where a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph b of the second paragraph of section 1029.8.21.17 that was taken into account for the purpose of computing a qualified expenditure incurred by the partnership in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.21.23 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.21.23 for the particular year, in respect of the qualified expenditure, if

i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph b of the second paragraph of section 1029.8.21.17, and

ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.21.23 for the particular year, in respect of the qualified expenditure, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 135; 2002, c. 40, s. 118; 2006, c. 36, s. 111; 2009, c. 15, s. 221.

1029.8.21.28. Where a corporation that is a member of a partnership pays, in a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance, in respect of an expenditure included in computing a qualified expenditure incurred by the partnership in a particular fiscal period, that is referred to in the portion of section 1029.8.21.25 before paragraph a and that, pursuant to that section, reduced the qualified expenditure pursuant to subparagraph b of the second paragraph of section 1029.8.21.17, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.21.23, in respect of the qualified expenditure, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.21.23 for its taxation year in which the particular fiscal period ends, in respect of the qualified expenditure, if

i.  the aggregate determined under subparagraph b of the second paragraph of section 1029.8.21.17 were reduced, for the particular fiscal period, by the product obtained by multiplying any amount of such assistance so repaid at or before the end of the fiscal period of repayment by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment, and

ii.  except for the purposes of section 1029.8.21.25, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.21.23 for its taxation year in which the particular fiscal period ends, in respect of the qualified expenditure, if, except for the purposes of section 1029.8.21.25, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if, except for the purposes of section 1029.8.21.25, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 135; 2002, c. 40, s. 119; 2006, c. 36, s. 112; 2009, c. 15, s. 222.

1029.8.21.29. For the purposes of sections 1029.8.21.26 to 1029.8.21.28, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or a partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of subparagraph b of the second paragraph of section 1029.8.21.17 or because of section 1029.8.21.25, the qualified expenditure referred to in the first paragraph of section 1029.8.21.17, for the purpose of computing the amount that the corporation or a corporation that is a member of the partnership is deemed to have paid to the Minister under section 1029.8.21.22 or 1029.8.21.23;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2000, c. 39, s. 135.

1029.8.21.30. Where, in respect of a qualified expenditure, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister under section 1029.8.21.22 for a particular taxation year, any amount of assistance referred to in subparagraph b of the second paragraph of section 1029.8.21.17 in respect of the qualified corporation for the particular year, in relation to the qualified expenditure, shall be increased by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the particular year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.21.23 by a qualified corporation that is a member of a qualified partnership at the end of a particular fiscal period of the qualified partnership ending in the year, any amount of assistance referred to in subparagraph b of the second paragraph of section 1029.8.21.17 in respect of the partnership for that fiscal period, in relation to the qualified expenditure, shall be increased by

i.  the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, and

ii.  the product obtained by multiplying the amount of the benefit or advantage that the qualified corporation or a person with whom the qualified corporation is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, by the reciprocal of the agreed proportion in respect of the qualified corporation for the particular fiscal period.

2000, c. 39, s. 135; 2004, c. 21, s. 286; 2009, c. 15, s. 223.

1029.8.21.31. (Repealed).

2000, c. 39, s. 135; 2001, c. 53, s. 260; 2002, c. 9, s. 52.

DIVISION II.4.3

Repealed, 2009, c. 15, s. 224.

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.32. (Repealed).

2001, c. 51, s. 103; 2002, c. 9, s. 53; 2002, c. 40, s. 120; 2005, c. 1, s. 226; 2009, c. 15, s. 224.

1029.8.21.33. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.34. (Repealed).

2001, c. 51, s. 103; 2002, c. 40, s. 121; 2009, c. 15, s. 224.

1029.8.21.35. (Repealed).

2001, c. 51, s. 103; 2005, c. 23, s. 150; 2009, c. 15, s. 224.

1029.8.21.36. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.37. (Repealed).

2001, c. 51, s. 103; 2002, c. 40, s. 122; 2009, c. 15, s. 224.

1029.8.21.38. (Repealed).

2001, c. 51, s. 103; 2002, c. 40, s. 123; 2005, c. 1, s. 227; 2009, c. 15, s. 224.

1029.8.21.39. (Repealed).

2001, c. 51, s. 103; 2002, c. 40, s. 124; 2009, c. 15, s. 224.

1029.8.21.40. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.41. (Repealed).

2001, c. 51, s. 103; 2002, c. 40, s. 125; 2009, c. 15, s. 224.

1029.8.21.42. (Repealed).

2001, c. 51, s. 103; 2003, c. 9, s. 192; 2009, c. 15, s. 224.

1029.8.21.43. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.44. (Repealed).

2001, c. 51, s. 103; 2003, c. 9, s. 193; 2009, c. 15, s. 224.

1029.8.21.45. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.46. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.47. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.48. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.49. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.50. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

1029.8.21.51. (Repealed).

2001, c. 51, s. 103; 2009, c. 15, s. 224.

DIVISION II.5

Repealed, 2005, c. 23, s. 151.

1991, c. 8, s. 82; 2005, c. 23, s. 151.

§ 1 . —

Repealed, 2005, c. 23, s. 151.

1991, c. 8, s. 82; 2005, c. 23, s. 151.

1029.8.22. (Repealed).

1991, c. 8, s. 82; 1992, c. 1, s. 174; 1992, c. 44, s. 64; 1992, c. 68, s. 142; 1993, c. 19, s. 111; 1993, c. 51, s. 35; 1993, c. 64, s. 158; 1994, c. 16, s. 50; 1994, c. 22, s. 319; 1994, c. 40, s. 457; 1995, c. 1, s. 146; 1995, c. 63, s. 154; 1995, c. 63, s. 261; 1997, c. 3, s. 59; 1997, c. 14, s. 211; 1997, c. 31, s. 109; 1997, c. 63, s. 111; 1997, c. 90, s. 14; 1998, c. 16, s. 226; 1999, c. 83, s. 179; 2000, c. 5, s. 253; 2001, c. 51, s. 228; 2004, c. 21, s. 287; 2005, c. 23, s. 151.

1029.8.22.1. (Repealed).

1995, c. 1, s. 147; 1995, c. 63, s. 155; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 1997, c. 14, s. 212; 1997, c. 63, s. 112; 2005, c. 23, s. 151.

1029.8.22.2. (Repealed).

1995, c. 1, s. 147; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.23. (Repealed).

1991, c. 8, s. 82; 1991, c. 25, s. 167; 1992, c. 44, s. 65; 1993, c. 19, s. 112; 1993, c. 64, s. 159; 1995, c. 1, s. 148; 1995, c. 63, s. 156; 1997, c. 3, s. 71; 1997, c. 14, s. 213; 1997, c. 63, s. 113; 2004, c. 21, s. 288; 2005, c. 23, s. 151.

1029.8.23.1. (Repealed).

1993, c. 64, s. 160; 1995, c. 1, s. 149; 1997, c. 3, s. 71; 2004, c. 21, s. 289; 2005, c. 23, s. 151.

1029.8.23.2. (Repealed).

1993, c. 64, s. 160; 1995, c. 1, s. 150; 1997, c. 3, s. 71; 2004, c. 21, s. 290; 2005, c. 23, s. 151.

1029.8.23.3. (Repealed).

1993, c. 64, s. 160; 1995, c. 1, s. 151; 1997, c. 3, s. 71; 2004, c. 21, s. 291; 2005, c. 23, s. 151.

1029.8.23.4. (Repealed).

1995, c. 1, s. 152; 1997, c. 3, s. 71; 2004, c. 21, s. 292; 2005, c. 23, s. 151.

1029.8.24. (Repealed).

1991, c. 8, s. 82; 1992, c. 44, s. 66; 1993, c. 19, s. 113; 1993, c. 64, s. 161; 1995, c. 1, s. 153; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

§ 2 . —

Repealed, 2005, c. 23, s. 151.

1991, c. 8, s. 82; 2005, c. 23, s. 151.

1029.8.25. (Repealed).

1991, c. 8, s. 82; 1993, c. 19, s. 114; 1993, c. 64, s. 162; 1995, c. 1, s. 154; 1995, c. 63, s. 157; 1997, c. 3, s. 71; 1997, c. 14, s. 214; 1997, c. 31, s. 143; 1997, c. 63, s. 114; 2005, c. 23, s. 151.

1029.8.25.1. (Repealed).

1993, c. 19, s. 115; 1993, c. 64, s. 163; 1994, c. 22, s. 320; 1995, c. 1, s. 155; 1995, c. 63, s. 158; 1997, c. 3, s. 71; 1997, c. 14, s. 215; 1997, c. 31, s. 143; 1997, c. 63, s. 115; 2005, c. 23, s. 151.

1029.8.26. (Repealed).

1991, c. 8, s. 82; 1992, c. 1, s. 175; 1993, c. 19, s. 116; 1993, c. 64, s. 164; 1995, c. 63, s. 159; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.27. (Repealed).

1991, c. 8, s. 82; 1993, c. 19, s. 117; 1997, c. 3, s. 71; 2005, c. 1, s. 228; 2005, c. 23, s. 151.

1029.8.28. (Repealed).

1991, c. 8, s. 82; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.29. (Repealed).

1991, c. 8, s. 82; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.29.1. (Repealed).

1993, c. 19, s. 118; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.30. (Repealed).

1991, c. 8, s. 82; 1993, c. 19, s. 119; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.31. (Repealed).

1991, c. 8, s. 82; 1993, c. 19, s. 119; 1995, c. 63, s. 160; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2005, c. 23, s. 151.

1029.8.32. (Repealed).

1991, c. 8, s. 82; 1993, c. 19, s. 119; 1993, c. 64, s. 165; 1995, c. 63, s. 161; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2005, c. 23, s. 151.

1029.8.32.1. (Repealed).

1993, c. 19, s. 120; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

§ 3 . —

Repealed, 2005, c. 23, s. 151.

1991, c. 8, s. 82; 2005, c. 23, s. 151.

1029.8.33. (Repealed).

1991, c. 8, s. 82; 1992, c. 1, s. 176; 1993, c. 19, s. 121; 1997, c. 3, s. 71; 2005, c. 23, s. 151.

1029.8.33.1. (Repealed).

1993, c. 64, s. 166; 1997, c. 3, s. 71; 1997, c. 63, s. 116; 2005, c. 23, s. 151.

1029.8.33.1.1. (Repealed).

1995, c. 63, s. 162; 1997, c. 3, s. 71; 1997, c. 31, s. 110; 2005, c. 23, s. 151.

DIVISION II.5.1 CREDIT FOR ON-THE-JOB TRAINING PERIODS

1995, c. 1, s. 156.

§ 1 . — Definitions and general provisions

1995, c. 1, s. 156.

1029.8.33.2. In this division,

“disabled person”, at a particular time during a qualified training period, means a person in respect of whom subparagraphs a to b.1 of the first paragraph of section 752.0.14 apply at that time;

“eligible region” means

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1):

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 08 Abitibi-Témiscamingue,

iv.  administrative region 09 Côte-Nord,

v.  administrative region 10 Nord-du-Québec, or

vi.  administrative region 11 Gaspésie–Îles-de-la-Madeleine; or

(b)  one of the following regional county municipalities:

i.  (subparagraph repealed);

ii.  Municipalité régionale de comté de Mékinac,

iii.  Municipalité régionale de comté d’Antoine-Labelle,

iv.  Municipalité régionale de comté de La Vallée-de-la-Gatineau, or

v.  Municipalité régionale de comté de Pontiac;

(c)  the urban agglomeration of La Tuque, as described in section 8 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001);

“eligible supervisor” of an eligible taxpayer or qualified partnership, at any particular time in a taxation year or fiscal period, as the case may be, means an individual who, at that time, is an employee of an establishment located in Québec of the eligible taxpayer or qualified partnership, whose contract of employment provides for at least 15 hours of work per week and who, at that particular time, is not

(a)  an employee in respect of whom it may reasonably be considered that one of the purposes for which the employee works for the eligible taxpayer or the qualified partnership would be to allow, but for this paragraph, the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership to be deemed to have paid, in respect of the employee, an amount to the Minister under section 1029.8.33.6 or 1029.8.33.7; or

(b)  an employee in respect of whom it may reasonably be considered that the conditions of employment with the eligible taxpayer or qualified partnership have been changed mainly to allow, but for this paragraph, the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership to be deemed to have paid an amount to the Minister under section 1029.8.33.6 or 1029.8.33.7, as the case may be, in respect of the employee, or to increase an amount that the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership would be deemed, but for this paragraph, to have paid to the Minister under either of those sections in respect of the employee;

“eligible taxpayer”, for a taxation year, means a taxpayer who carries on business in Québec and has an establishment in Québec in the year and who is an individual, other than a tax-exempt individual, or a qualified corporation;

“eligible trainee” of an eligible taxpayer or qualified partnership at any particular time in a taxation year or fiscal period, as the case may be, means an individual who, at that time, is serving a training period in an establishment located in Québec of the eligible taxpayer or qualified partnership and who is

(a)  a person enrolled in the workplace apprenticeship program established under section 25.6 of the Act to promote workforce skills development and recognition (chapter D-8.3) and administered by the Minister of Employment and Social Solidarity or, as the case may be, by the Kativik Regional Government established by the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1),

(a.1)  (paragraph replaced);

(b)  an individual who is enrolled as a full-time student in an education program at the secondary level offered by a recognized educational institution, which provides for one or more training periods totalling at least 140 hours during the course of the program,

(b.1)  an individual who is enrolled as a full-time student in an education program at the college level, or at the university level if the individual is enrolled in an undergraduate, Master’s or Doctoral program, offered by a recognized educational institution, which provides for one or more training periods totalling at least 140 hours during the course of the program, or

(c)  an individual who is enrolled as a full-time student in a prescribed program which is offered by a recognized educational institution and which provides for one or more training periods totalling at least 140 hours during the course of the program;

“immigrant”, at a particular time during a qualified training period, means a person who at that time is

(a)  a permanent resident within the meaning of subsection 1 of section 2 of the Immigration and Refugee Protection Act (S.C., 2001, chapter 27);

(b)  a temporary resident or a holder of a temporary resident permit within the meaning of the Immigration and Refugee Protection Act, who was resident in Canada during the 18-month period preceding that time; or

(c)  a protected person within the meaning of the Immigration and Refugee Protection Act;

“qualified corporation”, for a taxation year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer contemplated in paragraph k of section 998 not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1, or

(b)  a corporation that would be exempt from tax for the year under section 985 but for section 192,

(c)  (paragraph repealed),

(d)  (paragraph repealed);

“qualified expenditure” made by an eligible taxpayer in a taxation year or by a qualified partnership in a fiscal period means an expenditure, provided it is reasonable in the circumstances, incurred by the taxpayer in the taxation year or by the partnership in the fiscal period, as the case may be, in respect of an eligible trainee, within the framework of a qualified training period, that is related to a business carried on by the taxpayer or partnership in Québec, and that corresponds to the amount determined under section 1029.8.33.3 in respect of the eligible trainee for a week completed in the taxation year or fiscal period, as the case may be;

“qualified partnership”, for a fiscal period, means a partnership that carries on business in Québec and has an establishment in Québec in the fiscal period and that, if it were a corporation, would be a qualified corporation for that fiscal period;

“qualified training period” means, subject to the third paragraph, a period of practical training served by an eligible trainee of an eligible taxpayer or qualified partnership under the supervision

(a)  if the training period is served with an eligible taxpayer who is an individual other than a trust, of the individual or of an eligible supervisor of the individual,

(b)  if the training period is served with a qualified partnership, of an individual, other than a trust, who is a member of the partnership, or of an eligible supervisor of the partnership, or

(c)  if the training period is served with an eligible taxpayer other than an eligible taxpayer referred to in paragraph a, of an eligible supervisor of the taxpayer;

“recognized educational institution”, at any particular time, means an educational institution which, at that time, is

(a)  a secondary-level or college-level educational institution under the authority of the Ministère de l’Éducation, du Loisir et du Sport,

(b)  an educational institution accredited for purposes of subsidies pursuant to section 77 of the Act respecting private education (chapter E-9.1),

(c)  an educational institution appearing on the list established by the Minister of Education, Recreation and Sports under any of subparagraphs 1 to 3 of the first paragraph of section 56 of the Act respecting financial assistance for education expenses (chapter A-13.3), or

(d)  an educational institution operated by a person holding a permit issued, for that educational institution, by the Minister of Education, Recreation and Sports pursuant to section 12 of the Act respecting private education, provided that it offers a vocational education or vocational training program referred to in Chapter I of that Act;

“tax-exempt individual” means a trust one of the capital or income beneficiaries of which is a corporation described in any of paragraphs a to d of the definition of “qualified corporation” in this paragraph, or a person exempt from tax by virtue of Book VIII of this Part.

For the purposes of the definition of “qualified training period” in the first paragraph, job shadowing, introductory training, orientation and professional integration sessions taken by an eligible trainee referred to in subparagraph c of the definition of that expression are deemed to be periods of practical training.

Where the eligible trainee is an individual referred to in paragraph b.1 of the definition of “eligible trainee” in the first paragraph, the following requirements must also be met for the training period served by the eligible trainee to be a qualified training period:

(a)  the training period must, under the education program, be followed by an evaluation prepared by the person responsible for such a program with the recognized educational institution;

(b)  the trainee must be remunerated under conditions that would be at least equivalent to those established under the Act respecting labour standards (chapter N-1.1) if that Act were applicable to the determination of the remuneration paid to the trainee.

1995, c. 1, s. 156; 1995, c. 63, s. 163; 1997, c. 3, s. 60; 1997, c. 14, s. 216; 1997, c. 63, s. 117; 1997, c. 85, s. 251; 1997, c. 90, s. 14; 1998, c. 16, s. 227; 1999, c. 83, s. 180; 2000, c. 5, s. 254; 2001, c. 44, s. 30; 2001, c. 51, s. 228; 2002, c. 9, s. 54; 2002, c. 40, s. 126; 2004, c. 21, s. 293; 2005, c. 1, s. 229; 2005, c. 28, s. 195; 2006, c. 13, s. 108; 2007, c. 3, s. 60; 2009, c. 15, s. 225.

1029.8.33.2.1. Where, in a taxation year or fiscal period, as the case may be, an eligible taxpayer or qualified partnership, as the case may be, pays, pursuant to a legal obligation, an amount that may reasonably be regarded as repayment of an amount of assistance referred to in subparagraph c of the first paragraph of section 1029.8.33.3 or in subparagraph c or f of the second paragraph of that section that was applied, for the purpose of computing an amount that the taxpayer or member of the partnership, as the case may be, is deemed to have paid to the Minister under section 1029.8.33.6 or 1029.8.33.7 for a particular taxation year, in reduction of a qualified expenditure in respect of an eligible trainee for a particular week completed in the particular year or in a fiscal period ended in the particular year, the taxpayer or partnership, as the case may be, is deemed to have made a qualified expenditure in the taxation year or fiscal period, as the case may be, equal to the lesser of

(a)  the aggregate of all amounts each of which is an amount paid in the taxation year or fiscal period, as the case may be, by the taxpayer or partnership, as the case may be, as repayment of an amount of assistance referred to in subparagraph c of the first paragraph of section 1029.8.33.3 or in subparagraph c or f of the second paragraph of that section in respect of an eligible trainee in respect of the particular week; and

(b)  the amount by which the amount that would be computed under section 1029.8.33.3 in respect of the eligible trainee for the particular week if each of the amounts of assistance referred to in subparagraph c of the first paragraph of that section or in subparagraph c or f of the second paragraph of that section in respect of that week were applied in reduction of any amount paid in respect of the eligible trainee as repayment in the taxation year or fiscal period, or in a previous taxation year or fiscal period, by the taxpayer or partnership, as the case may be, exceeds the aggregate of

i.  the amount determined under section 1029.8.33.3, without reference to this section, in respect of the eligible trainee for the particular week, and

ii.  any amount determined under this section in respect of that eligible trainee and in respect of that particular week, for a previous taxation year or fiscal period.

1995, c. 63, s. 164; 1997, c. 3, s. 71; 2006, c. 36, s. 113.

1029.8.33.2.2. Where, in a particular taxation year, an eligible taxpayer who is a member of a qualified partnership pays, pursuant to a legal obligation, an amount that may reasonably be regarded as repayment of an amount of assistance referred to in the first paragraph of section 1029.8.33.7.1 paid in respect of an eligible trainee for a week completed in a particular fiscal period of the partnership and that was applied in reduction of the taxpayer’s share of the amount of a particular qualified expenditure of the partnership for the purpose of computing an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.33.7 for the taxation year in which the particular fiscal period of the partnership ended, the taxpayer is deemed to have made a qualified expenditure in the particular taxation year equal to the lesser of

(a)  the aggregate of all amounts each of which is an amount paid in the particular taxation year by the taxpayer as repayment of an amount of assistance referred to in the first paragraph of section 1029.8.33.7.1 in respect of the particular qualified expenditure; and

(b)  the amount by which the eligible taxpayer’s share, determined in accordance with section 1029.8.33.7 and without reference to section 1029.8.33.7.1, of the particular qualified expenditure exceeds the aggregate of the eligible taxpayer’s share, determined in accordance with section 1029.8.33.7.1, of the particular qualified expenditure and of the amounts determined under this section, in respect of the taxpayer and in respect of the particular qualified expenditure, for a taxation year previous to the particular taxation year.

1995, c. 63, s. 164; 1997, c. 3, s. 71; 2006, c. 36, s. 114.

1029.8.33.2.3. For the purposes of sections 1029.8.33.2.1 and 1029.8.33.2.2, an amount is deemed to be paid, pursuant to a legal obligation, as a repayment of an amount of assistance referred to in subparagraph c of the first paragraph of section 1029.8.33.3, in subparagraph c or f of the second paragraph of that section or in the first paragraph of section 1029.8.33.7.1, as the case may be, by an eligible taxpayer in a taxation year, by a qualified partnership in a fiscal period or by an eligible taxpayer who is a member of a qualified partnership in a taxation year in which a fiscal period of the partnership ends, as the case may be, so long as the amount

(a)  in the case of assistance referred to in subparagraph c of the first paragraph of section 1029.8.33.3, was applied, because of subparagraph c, in reduction of a qualified expenditure or of a share of a qualified expenditure for the purpose of computing the amount that the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership, as the case may be, is deemed to have paid to the Minister for a taxation year under section 1029.8.33.6 or 1029.8.33.7;

(b)  in the case of assistance referred to in subparagraph c of the second paragraph of section 1029.8.33.3, was applied, because of subparagraph a of the first paragraph of that section, in reduction of a qualified expenditure or of a share of a qualified expenditure for the purpose of computing the amount that the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership, as the case may be, is deemed to have paid to the Minister for a taxation year under section 1029.8.33.6 or 1029.8.33.7;

(c)  in the case of assistance referred to in subparagraph f of the second paragraph of section 1029.8.33.3, was applied, because of subparagraph b of the first paragraph of that section, in reduction of a qualified expenditure or of a share of a qualified expenditure for the purpose of computing the amount that the eligible taxpayer or an eligible taxpayer who is a member of the qualified partnership, as the case may be, is deemed to have paid to the Minister for a taxation year under section 1029.8.33.6 or 1029.8.33.7;

(d)  in the case of assistance referred to in the first paragraph of section 1029.8.33.7.1, was applied, in accordance with that section, in reduction of the eligible taxpayer’s share, determined in accordance with section 1029.8.33.7, of a qualified expenditure of a qualified partnership of which the eligible taxpayer is a member for the purpose of computing the amount that the eligible taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.33.7;

(e)  was not received by the eligible taxpayer, the qualified partnership or the eligible taxpayer who is a member of the qualified partnership; and

(f)  ceased, in the taxation year, the fiscal period or the taxation year in which the fiscal period of the partnership ends, to be an amount that the eligible taxpayer, the qualified partnership or the eligible taxpayer who is a member of the qualified partnership, as the case may be, can reasonably expect to receive.

1995, c. 63, s. 164; 1997, c. 3, s. 71; 2006, c. 36, s. 115.

1029.8.33.3. The amount referred to in the definition of “qualified expenditure” in the first paragraph of section 1029.8.33.2 is equal, in respect of an eligible trainee, to the lesser of the weekly limit specified in the fifth paragraph and the aggregate of

(a)  the lesser of

i.  the amount determined by the formula

(A × B) − C, and

ii.  the amount obtained by multiplying the number of hours done by the eligible trainee within the framework of the qualified training period during the week by the hourly rate specified in the sixth paragraph;

(b)  the total of all amounts each of which represents, in respect of an eligible supervisor of the eligible taxpayer or qualified partnership, as the case may be, having supervised the eligible trainee during the week within the framework of the qualified training period, the lesser of

i.  the amount determined by the formula

(D × E) − F, and

ii.  the amount obtained by multiplying the number of hours, determined under section 1029.8.33.4, devoted by an eligible supervisor to the supervision of an eligible trainee during the week within the framework of the qualified training period by $30; and

(c)  where the trainee is a trainee referred to in paragraph c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2, the aggregate of all amounts each of which is equal to the amount by which the travel expenses of a person who is an employee of the eligible taxpayer or qualified partnership, other than the eligible trainee, the taxpayer, where the eligible taxpayer is an individual other than a trust, or an individual other than a trust who is a member of the qualified partnership, hired for the week within the framework of the qualified training period, if the establishment of the taxpayer or partnership, as the case may be, where that person usually reports and the destination of the person are at least 40 kilometres apart and if that destination is situated outside the local municipal territory or, where applicable, outside the metropolitan region in which the establishment is situated, exceeds the amount of any government assistance or non-government assistance that the eligible taxpayer or qualified partnership, as the case may be, has received, is entitled to receive or can reasonably expect to receive in respect of those expenses

i.  in the case of the eligible taxpayer, on or before the eligible taxpayer’s filing-due date for the taxation year, and

ii.  where an eligible taxpayer is a member of the qualified partnership, on or before the day that is six months after the end of the fiscal period of the qualified partnership.

For the purposes of the formulas in the first paragraph,

(a)  A is the wages or salary, paid in currency and computed on an hourly basis, received by the eligible trainee in respect of the week within the framework of the qualified training period;

(b)  B is the number of hours done by the eligible trainee during the week within the framework of the qualified training period;

(c)  C is the amount of any government assistance or non-government assistance that the eligible taxpayer or qualified partnership, as the case may be, has received, is entitled to receive or can reasonably expect to receive in respect of the eligible trainee’s wages or salary referred to in subparagraph a

i.  in the case of the eligible taxpayer, on or before the eligible taxpayer’s filing-due date for the taxation year, and

ii.  where an eligible taxpayer is a member of the qualified partnership, on or before the day that is six months after the end of the fiscal period of the qualified partnership;

(d)  D is the wages or salary, paid in currency and computed on an hourly basis, received by the eligible supervisor in respect of the week for the hours of supervision referred to in paragraph e;

(e)  E is the number of hours, determined under section 1029.8.33.4, devoted by the eligible supervisor to the supervision of the eligible trainee during the week within the framework of the qualified training period; and

(f)  F is the amount of any government assistance or non-government assistance that the eligible taxpayer or qualified partnership, as the case may be, has received, is entitled to receive or can reasonably expect to receive in respect of the eligible supervisor’s wages or salary referred to in subparagraph d

i.  in the case of the eligible taxpayer, on or before the eligible taxpayer’s filing-due date for the taxation year, and

ii.  where an eligible taxpayer is a member of the qualified partnership, on or before the day that is six months after the end of the fiscal period of the qualified partnership.

For the purposes of this section,

(a)  the number of hours during which an eligible trainee participated, during a week, in a qualified training period includes only the hours done by the eligible trainee, during the week, either for the eligible taxpayer or qualified partnership, that may reasonably be considered necessary to complete the qualified training period;

(b)  the wages or salary is the income computed under Chapters I and II of Title II of Book III but does not include directors’ fees, premiums, incentive bonuses, overtime compensation, other than remuneration related to a qualified training period, for hours done in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

(c)  where the conditions of the contract of employment of an eligible trainee or eligible supervisor do not allow his wages or salary to be computed on an hourly basis, the amount thereof is deemed to be equal to the quotient obtained by dividing his wages or salary computed on an annual basis by 2,080;

(d)  an amount paid or payable in respect of the consumption by a person of food or beverages is deemed to be equal to the amount deemed to be paid or payable in that respect under Division I of Chapter I.1 of Title VII of Book III; and

(e)  an amount paid or payable by a taxpayer or partnership in respect of an allowance for the use by a person of an automobile is deemed to be equal to the amount deductible in that respect in computing the taxpayer’s or partnership’s income to the extent provided for in section 133.2.1.

Notwithstanding the first paragraph, the amount referred to in the definition of “qualified expenditure” in the first paragraph of section 1029.8.33.2, in respect of an eligible trainee who is an individual referred to in paragraph b.1 of the definition of “eligible trainee” in that paragraph, is equal to zero where the week in respect of which the amount is computed is included in a period of more than 32 consecutive weeks of training with the same eligible taxpayer or the same qualified partnership and that week follows the thirty-second week of training.

The weekly limit referred to in the first paragraph is $600 if the qualified training period begins after 31 December 2006 and $500 in any other case.

The hourly rate referred to in the first paragraph is $18 if the qualified training period begins after 31 December 2006 and $15 in any other case.

1995, c. 1, s. 156; 1995, c. 63, s. 165; 1997, c. 3, s. 71; 1997, c. 31, s. 111; 1999, c. 83, s. 181; 2002, c. 40, s. 127; 2006, c. 36, s. 116.

1029.8.33.4. The number of hours referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.33.3 and in subparagraph e of the second paragraph of that section is the least of

(a)  the number of hours devoted by the eligible supervisor to the supervision of the eligible trainee during that week,

(b)  the number of hours obtained by multiplying such proportion as the number of hours devoted by the eligible supervisor to the supervision of the eligible trainee during that week is of the total number of hours devoted to the supervision of the eligible trainee by any eligible supervisor during that week by 10, and

(c)  where the qualified training period is served within the framework of an education program offered by a recognized educational institution, the number of hours corresponding to such proportion of the number of hours of supervision of the eligible trainee by an eligible supervisor that are required by the recognized educational institution for that week as the number of hours devoted to the supervision of the eligible trainee by the eligible supervisor during that week is of the total number of hours devoted to the supervision of the eligible trainee by any eligible supervisor during that week.

For the purposes of subparagraphs a to c of the first paragraph, where within the framework of one or more qualified training periods, an eligible supervisor devotes an hour or part of an hour to supervising several eligible trainees simultaneously, the time the eligible supervisor devotes to each such eligible trainee is deemed to be such proportion of that hour or part of an hour as 1 is of the number of such eligible trainees.

1995, c. 1, s. 156.

1029.8.33.4.1. If the eligible trainee in respect of whom an amount must be determined in accordance with section 1029.8.33.3 is an individual referred to in paragraph c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2, the following rules apply:

(a)  the amounts of “$600” and “$500” in the fifth paragraph of section 1029.8.33.3 are to be replaced by the amounts of “$750” and “$625”, respectively; and

(b)  the figure “10” in subparagraph b of the first paragraph of section 1029.8.33.4 is to be replaced by the figure “20”.

1995, c. 63, s. 166; 1999, c. 83, s. 182; 2006, c. 36, s. 117; 2007, c. 3, s. 61.

1029.8.33.4.2. If the eligible trainee in respect of whom an amount must be determined in accordance with section 1029.8.33.3 serves, in an eligible region, a qualified training period that begins after 11 March 2003 but before 13 June 2003 or a qualified training period that begins after 30 March 2004 but before 1 January 2007, the following rules apply:

(a)  the amount of “$500” in the fifth paragraph of section 1029.8.33.3 is to be replaced by an amount of “$1,000” or, if section 1029.8.33.4.1 applies, the amount of “$625” that, because of section 1029.8.33.4.1, replaces that amount of “$500” is itself to be replaced by an amount of “$1,250”; and

(b)  the amount of “$15” in the sixth paragraph of section 1029.8.33.3 is to be replaced by an amount of “$25”.

2004, c. 21, s. 294; 2005, c. 23, s. 152; 2006, c. 36, s. 118.

1029.8.33.4.3. If the eligible trainee in respect of whom an amount is to be determined in accordance with section 1029.8.33.3 is a disabled person, the following rules apply:

(a)  the amount of “$600” in the fifth paragraph of section 1029.8.33.3 is to be replaced by an amount of “$750” or, if section 1029.8.33.4.1 applies, the amount of “$750” that, because of section 1029.8.33.4.1, replaces that amount of “$600” is itself to be replaced by an amount of “$1,050”; and

(b)  the figure “10” in subparagraph b of the first paragraph of section 1029.8.33.4 is to be replaced by the figure “20” or, if section 1029.8.33.4.1 applies, the figure “20” that, because of section 1029.8.33.4.1, replaces that figure “10” is itself to be replaced by the figure “40”.

2009, c. 15, s. 226.

1029.8.33.5. (Repealed).

1995, c. 1, s. 156; 1995, c. 63, s. 167.

1029.8.33.5.1. (Repealed).

1995, c. 63, s. 168; 1997, c. 3, s. 71; 1997, c. 14, s. 217.

§ 2 . — Credit

1995, c. 1, s. 156.

1029.8.33.6. An eligible taxpayer who makes a qualified expenditure in a taxation year and encloses, with his fiscal return he is required to file for the year under section 1000, the prescribed form containing the prescribed information is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for that year, as partial payment of his tax payable for that year pursuant to this Part, an amount equal to 15% of the amount of the expenditure.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1995, c. 1, s. 156; 1995, c. 63, s. 169; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 31, s. 143; 1999, c. 83, s. 183; 2002, c. 40, s. 128; 2003, c. 9, s. 194; 2004, c. 21, s. 295; 2006, c. 13, s. 109; 2006, c. 36, s. 119.

1029.8.33.7. Where a qualified partnership makes a qualified expenditure at any particular time, each eligible taxpayer who is a member of that partnership throughout the period commencing at that particular time and ending at the end of the fiscal period of the qualified partnership in which the expenditure is made and encloses, with his fiscal return he is required to file under section 1000 for his taxation year in which the fiscal period of the partnership ends, the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for that year, as partial payment of his tax payable for that year pursuant to this Part, an amount equal to 15% of his share of the expenditure.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the taxpayer’s taxation year in which the fiscal period of the qualified partnership ends, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, an eligible taxpayer’s share of a qualified expenditure made by a qualified partnership of which the eligible taxpayer is a member is equal to the agreed proportion of the expenditure in respect of the eligible taxpayer for the partnership’s fiscal period that ends in the eligible taxpayer’s taxation year.

1995, c. 1, s. 156; 1995, c. 63, s. 169; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1997, c. 31, s. 143; 1999, c. 83, s. 184; 2002, c. 40, s. 129; 2003, c. 9, s. 195; 2004, c. 21, s. 296; 2006, c. 13, s. 110; 2006, c. 36, s. 120; 2009, c. 15, s. 227.

1029.8.33.7.1. Where an eligible taxpayer referred to in section 1029.8.33.7 has received, is entitled to receive or can reasonably expect to receive, on or before the day that is six months after the end of the fiscal period referred to in that section, in this section referred to as the “particular fiscal period”, an amount of government assistance or non-government assistance, in respect of a particular qualified expenditure made by a qualified partnership referred to in section 1029.8.33.7 for a week completed in the particular fiscal period, that may reasonably be attributed to the wages or salary for that week for an eligible trainee or for an eligible supervisor having supervised the eligible trainee during the week within the framework of a qualified training period served by the eligible trainee during the particular fiscal period, or to the travel expenses incurred during the week by the qualified partnership within the framework of the qualified training period, the eligible taxpayer’s share of the particular qualified expenditure, for the purpose of computing an amount deemed to have been paid under section 1029.8.33.7 by the eligible taxpayer to the Minister, for the taxation year referred to in that section, shall not exceed the amount determined by the formula

A × B.

For the purposes of the formula in the first paragraph,

(a)  A is the amount that would have been determined in respect of the particular qualified expenditure if, for the purposes of section 1029.8.33.3, the qualified partnership had in the particular fiscal period received the amount of assistance referred to in the first paragraph and the latter amount were multiplied by the reciprocal of the agreed proportion in respect of the eligible taxpayer for the qualified partnership’s particular fiscal period; and

(b)  B is the agreed proportion in respect of the eligible taxpayer for the qualified partnership’s particular fiscal period;

(c)  (subparagraph repealed).

1995, c. 63, s. 170; 1997, c. 3, s. 71; 1997, c. 31, s. 112; 2007, c. 12, s. 145; 2009, c. 15, s. 228.

1029.8.33.7.2. For the purposes of sections 1029.8.33.6 and 1029.8.33.7, the following rules apply:

(a)  if the eligible taxpayer referred to in either of those sections is a qualified corporation, the percentage of “15%” mentioned in the first paragraph of that section is to be replaced,

i.  if the qualified expenditure is made in respect of an eligible trainee who is an immigrant or a disabled person, by a percentage of “40%” in respect of that expenditure, and

ii.  in any other case, by a percentage of “30%”; and

(b)  if the eligible taxpayer referred to in either of those sections is an individual (other than a tax-exempt individual) and the qualified expenditure is made in respect of an eligible trainee who is an immigrant or a disabled person, the percentage of “15%” mentioned in the first paragraph of that section is to be replaced, in respect of that expenditure, by a percentage of “20%”.

1995, c. 63, s. 170; 1997, c. 3, s. 71; 2004, c. 21, s. 297; 2009, c. 15, s. 229.

1029.8.33.8. If, in respect of a qualified expenditure made by an eligible taxpayer in a taxation year or by a qualified partnership in a fiscal period in respect of a qualified training period, a person or partnership has obtained, is entitled to obtain or can reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the qualified training period, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that is deemed to have been paid to the Minister, for the taxation year, by the eligible taxpayer under section 1029.8.33.6, the amount of the qualified expenditure shall be reduced by the amount of the benefit or advantage the person or partnership has obtained, is entitled to obtain or can reasonably expect to obtain on or before the eligible taxpayer’s filing-due date for that taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister under section 1029.8.33.7 by an eligible taxpayer who is a member of the qualified partnership for his taxation year in which that fiscal period ends, the eligible taxpayer’s share of the amount of the qualified expenditure shall be reduced, where applicable,

i.  by his share of the amount of the benefit or advantage that a qualified partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or can reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the expenditure was made, and

ii.  by the amount of the benefit or advantage that the eligible taxpayer or a person with whom he does not deal at arm’s length has obtained, is entitled to obtain or can reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the expenditure was made.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the eligible taxpayer’s share of the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii of that subparagraph b has obtained, is entitled to obtain or can reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the eligible taxpayer for the qualified partnership’s fiscal period that ends in the eligible taxpayer’s taxation year.

1995, c. 1, s. 156; 1995, c. 63, s. 171; 1997, c. 3, s. 71; 1997, c. 31, s. 113; 2006, c. 36, s. 121; 2009, c. 15, s. 230.

1029.8.33.9. For the purposes of this Part and the regulations, the amount that an eligible taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.33.6 or 1029.8.33.7 is deemed not to be assistance or an inducement received by the taxpayer from a government.

1995, c. 1, 156; 1995, c. 63, s. 171.

§ 3 . — Administration

1995, c. 1, s. 156.

1029.8.33.10. An eligible taxpayer may be deemed to have paid to the Minister, for a taxation year, an amount under section 1029.8.33.6 or 1029.8.33.7 relating to a qualified expenditure or to his share of the amount of such an expenditure incurred in respect of a qualified training period of the eligible taxpayer or qualified partnership of which he is a member, only if not later than six months after the end of the qualified training period or within a longer period considered by the Minister to be reasonable,

(a)  where the qualified training period is served by one or more eligible trainees referred to in paragraph a of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2, the Minister of Employment and Social Solidarity or, as the case may be, the Kativik Regional Government established by the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1), issues to the eligible taxpayer or qualified partnership, as the case may be, a certificate certifying that the qualified training period is within the framework of the workplace apprenticeship program referred to in that paragraph a;

(b)  where the qualified training period is served by one or more eligible trainees referred to in any of paragraphs b to c of the definition of “eligible trainee” in the first paragraph of section 1029.8.33.2, the recognized educational institution offering the education program within the framework of which the qualified training period is served issues to the eligible taxpayer or qualified partnership, as the case may be, a certificate in prescribed form containing the prescribed information;

(b.1)  (subparagraph repealed);

(c)  (subparagraph repealed).

1995, c. 1, s. 156; 1995, c. 63, s. 172; 1997, c. 3, s. 71; 1997, c. 14, s. 218; 1997, c. 63, s. 118; 1997, c. 85, s. 252; 1999, c. 83, s. 185; 2000, c. 39, s. 136; 2002, c. 40, s. 130; 2006, c. 13, s. 111; 2006, c. 36, s. 122; 2007, c. 3, s. 62.

1029.8.33.11. (Repealed).

1995, c. 63, s. 173; 1997, c. 31, s. 114; 2002, c. 9, s. 55.

DIVISION II.5.1.1 CREDIT FOR LABOUR TRAINING IN THE MANUFACTURING, FORESTRY AND MINING SECTORS

2009, c. 15, s. 231; 2010, c. 5, s. 139.

§ 1 . — Interpretation and general

2009, c. 15, s. 231.

1029.8.33.11.1. In this division,

“accredited instructor” means a training body or an instructor accredited by the Minister of Employment and Social Solidarity under the Act to promote workforce skills development and recognition (chapter D-8.3) or a regulation made under that Act;

“apparent payment” means an amount paid or payable by an eligible instructor for the use of premises, facilities or equipment, or for the supply of services, that may reasonably be considered to be included in an eligible training expenditure;

“eligibility period” means

(a)  if the eligible training expenditure relates to an activity described in paragraph a of the definition of “eligible activity”, the period beginning on 24 November 2007 and ending on 31 December 2011; and

(b)  if the eligible training expenditure relates to an activity described in paragraph b of the definition of “eligible activity”, the period beginning on 20 March 2009 and ending on 31 December 2011;

“eligible activity” of an eligible employer means an activity of the employer

(a)  that relates to the manufacturing sector and is described under code 31, 32 or 33 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada; or

(b)  that relates to the forestry or mining sector and is described under code 113, 211 or 212 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada;

“eligible employee” of an eligible employer for a taxation year or fiscal period means an employee of an establishment of the employer situated in Québec, other than an excluded employee at any time in that year or period, whose duties, for the year or period, consist primarily in carrying out or supervising duties attributable to an eligible activity;

“eligible employer” means a qualified corporation or a qualified partnership;

“eligible instructor” in respect of an eligible employer at any time means a recognized educational institution or accredited instructor, but does not include a person or partnership that is, at that time,

(a)  an employee of the eligible employer;

(b)  a specified shareholder, a specified member or a member, as the case may be, of the eligible employer;

(c)  an employee, a specified shareholder or a specified member of a person with whom the eligible employer is not dealing at arm’s length;

(d)  an employee or a member of a partnership with which the eligible employer is not dealing at arm’s length;

(e)  an employee, a specified shareholder or a specified member of a person who is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer;

(f)  an employee, a specified shareholder or a specified member of a person who is a specified shareholder, a specified member or a member, as the case may be, of a person with whom the eligible employer is not dealing at arm’s length;

(g)  a member of a partnership that is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length; or

(h)  an employee, a specified shareholder or a specified member of a corporation that carries on a personal services business, or an employee or a member of a partnership that carries on such a business, if a shareholder or a specified member of the corporation or a member of the partnership is both a specified shareholder or a specified member of the corporation or a member of the partnership, as the case may be, and

i.  an employee, a specified shareholder or a specified member of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length, or

ii.  an employee, a specified shareholder or a specified member of a person or a member of a partnership that is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length;

“eligible training” in respect of an eligible employer means a course that relates to an eligible activity of the eligible employer and that is given by an eligible instructor, in respect of the employer, under a contract entered into between the instructor and the employer after 23 November 2007, in the case of an activity described in paragraph a of the definition of “eligible activity”, or after 19 March 2009, in the case of an activity described in paragraph b of that definition, but does not include

(a)  a seminar, convention, conference or other similar activity; or

(b)  a course in respect of which any of the following conditions is met:

i.  the course is required by a professional order governed by the Professional Code (chapter C-26) and is intended for a member of such an order or a person who is in the process of becoming such a member,

ii.  the course is required by an employers’ association or a union association, or a similar association, and is intended for a member of such an association or a person who is in the process of becoming such a member,

iii.  the course is taken because the eligible employer is required to comply with a law or regulation,

iv.  the main objective of the course is to increase an employee’s skills regarding the negotiation or conclusion of contracts that concern the sale of a property or the provision of a service, and

v.  the course is described in the definition of “eligible training” in the first paragraph of section 1029.8.33.11.11;

“eligible training expenditure” of an eligible employer for a taxation year or fiscal period means, subject to section 1029.8.33.11.2, the aggregate of all amounts each of which is an amount, incurred in the part of the eligibility period that is included in the year or period and determined in respect of an eligible employee of the eligible employer who participates in eligible training that begins in the eligibility period, equal to the total of

(a)  the cost of the eligible training to the eligible employer or, if more than one person participates in the eligible training, the portion of that cost that may reasonably be attributed to the eligible employee’s participation in that training; and

(b)  the lesser of

i.  the portion of the eligible employee’s salary or wages that may reasonably be attributed to the period during which the eligible employee attends the eligible training, and

ii.  200% of the amount determined under paragraph a;

“excluded corporation” means a corporation that

(a)  is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income for the year because of section 999.0.1; or

(b)  would be exempt from tax for the year under section 985, but for section 192;

“excluded employee” of an eligible employer at a particular time means,

(a)  if the employer is a corporation, an employee who is, at that time, a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of the corporation;

(b)  if the employer is a partnership, an employee who

i.  is, at that time, a member of the partnership, or a specified shareholder or specified member of that member, or

ii.  is not, at that time, dealing at arm’s length with a member of the partnership, or with a specified shareholder or specified member of that member;

(c)  an employee in respect of whom it may reasonably be considered that one of the purposes for which the employee works for the eligible employer would be to allow, but for this paragraph, the employer or a corporation that is a member of the employer to be deemed to have paid, in respect of the employee, an amount to the Minister under section 1029.8.33.11.3 or 1029.8.33.11.4; and

(d)  an employee in respect of whom it may reasonably be considered that the conditions of employment with the eligible employer have been changed mainly to allow, but for this paragraph, the employer or a corporation that is a member of the employer to be deemed to have paid, in respect of the employee, an amount to the Minister under section 1029.8.33.11.3 or 1029.8.33.11.4, or to increase an amount that the employer or a corporation that is a member of the employer would be deemed, but for this paragraph, to have paid to the Minister under either of those sections in respect of the employee;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation, that, in the year, has an establishment in Québec where it carries on an eligible activity;

“qualified partnership” for a fiscal period means a partnership that, in that period, has an establishment in Québec where it carries on an eligible activity;

“recognized educational institution” means an educational institution that is

(a)  a secondary-level or college-level educational institution under the authority of the Ministère de l’Éducation, du Loisir et du Sport;

(b)  an educational institution accredited for purposes of subsidies under section 77 of the Act respecting private education (chapter E-9.1);

(c)  an educational institution mentioned in the list established by the Minister of Education, Recreation and Sports under any of subparagraphs 1 to 3 of the first paragraph of section 56 of the Act respecting financial assistance for education expenses (chapter A-13.3); or

(d)  an educational institution operated by a person holding a permit issued, for that educational institution, by the Minister of Education, Recreation and Sports under section 12 of the Act respecting private education, provided that it offers a vocational education or vocational training program referred to in Chapter I of that Act;

“salary or wages” means the income computed under Chapters I and II of Title II of Book III;

“specified member” of a corporation that is a cooperative at any time means a member having, directly or indirectly, at that time, at least 10% of the votes at a meeting of the members of the cooperative.

For the purposes of paragraph a of the definition of “eligible training expenditure” in the first paragraph, the cost of eligible training does not include the travel, meal or accommodation expenses incurred in respect of an eligible employee in order to allow that employee to attend the eligible training.

2009, c. 15, s. 231; 2010, c. 5, s. 140.

1029.8.33.11.2. The eligible training expenditure of an eligible employer, for a taxation year or fiscal period, who is required to participate in workforce skills development in accordance with section 3 of the Act to promote workforce skills development and recognition (chapter D-8.3) for a calendar year that ends in the taxation year or fiscal period may not exceed an amount equal to the excess amount for the eligible employer that corresponds to the amount by which the amount that is, for the purposes of that Act, the total of the eligible employer’s eligible training expenditures for that calendar year, exceeds the total of

(a)  the amount of the eligible employer’s minimum participation set for that calendar year under section 3 of that Act; and

(b)  the amount of the eligible employer’s eligible training expenditure, within the meaning assigned by the first paragraph of section 1029.8.33.11.11, determined for the taxation year or fiscal period.

For the purposes of the first paragraph, an eligible employer who is an employer exempted from the application of Chapter II of the Act to promote workforce skills development and recognition, for a calendar year, under a regulation made under subparagraph 3 of the first paragraph of section 20 of that Act is deemed, for that calendar year, to be an employer who is required to participate in workforce skills development in accordance with section 3 of that Act.

2009, c. 15, s. 231.

§ 2 . — Credits

2009, c. 15, s. 231.

1029.8.33.11.3. A qualified corporation that, in a taxation year, incurs an eligible training expenditure and encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000 is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to 30% of the amount of that expenditure, to the extent that that expenditure has been paid.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2009, c. 15, s. 231.

1029.8.33.11.4. If, in a fiscal period, a qualified partnership incurs an eligible training expenditure, each corporation, other than an excluded corporation, that is a member of that partnership at the end of the fiscal period and that encloses the prescribed form containing prescribed information with the fiscal return the corporation is required to file under section 1000 for the corporation’s taxation year in which the fiscal period ends is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 30% of the corporation’s share of that expenditure, to the extent that that expenditure has been paid.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, for the corporation’s taxation year in which the fiscal period of the qualified partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of the corporation’s tax payable for the year under this Part and of the corporation’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the corporation’s share of an eligible training expenditure incurred by a qualified partnership in a fiscal period is equal to the agreed proportion of the expenditure in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.5. For the purpose of computing the amount that is deemed to have been paid to the Minister by a corporation, for a taxation year, under section 1029.8.33.11.3 or 1029.8.33.11.4, the following rules apply:

(a)  the amount of the corporation’s expenditure referred to in the first paragraph of section 1029.8.33.11.3 is to be reduced, if applicable, by the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the corporation or, in the case of an apparent payment, a person with whom the corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the taxation year; and

(b)  the corporation’s share of the eligible training expenditure referred to in the first paragraph of section 1029.8.33.11.4 of a qualified partnership of which the corporation is a member, for a fiscal period of the partnership that ends in the corporation’s taxation year is to be reduced, if applicable,

i.  by the corporation’s share of the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the corporation or, in the case of an apparent payment, a person with whom the corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the corporation’s share, for the qualified partnership’s fiscal period, of the amount of any government assistance, non-government assistance or apparent payment that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.6. If, in respect of an eligible training expenditure incurred by a qualified corporation in a taxation year or by a qualified partnership in a fiscal period, in relation to eligible training, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the eligible training, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that is deemed to have been paid to the Minister, for the taxation year, by the qualified corporation under section 1029.8.33.11.3, the amount of the eligible training expenditure is to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister under section 1029.8.33.11.4 by a corporation that is a member of the qualified partnership for the corporation’s taxation year in which the fiscal period ends, the corporation’s share of the eligible training expenditure is to be reduced, if applicable,

i.  by the corporation’s share of the amount of the benefit or advantage that a partnership or a person, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage that the corporation or a person with whom it is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the corporation’s share, for the qualified partnership’s fiscal period, of the amount of the benefit or advantage that a partnership or a person has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.7. If, before 1 January 2014, a corporation pays, in a taxation year (in this section referred to as the “repayment year”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.33.11.5, an eligible training expenditure of the corporation for a particular taxation year for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for the particular taxation year under section 1029.8.33.11.3, the corporation is deemed, if the corporation encloses the prescribed form containing prescribed information with the fiscal return the corporation is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that the corporation would be deemed to have paid to the Minister for the particular taxation year under section 1029.8.33.11.3, in respect of the eligible training expenditure, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular taxation year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.33.11.5, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.3 for the particular taxation year in respect of the eligible training expenditure; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2009, c. 15, s. 231.

1029.8.33.11.8. If, before 1 January 2014, a partnership pays, in a fiscal period (in this section referred to as the “fiscal period of repayment”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.33.11.5, a corporation’s share of an eligible training expenditure of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.4, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if the corporation is a member of the partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister under section 1029.8.33.11.4 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.33.11.4, for its taxation year in which the particular fiscal period ends, in respect of the eligible training expenditure of the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.33.11.5; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 231.

1029.8.33.11.9. If, before 1 January 2014, a corporation is a member of a partnership at the end of a fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.33.11.5, its share of an eligible training expenditure of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.4, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister under section 1029.8.33.11.4 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.33.11.4 for its taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.33.11.5; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 231.

1029.8.33.11.10. For the purposes of sections 1029.8.33.11.7 to 1029.8.33.11.9, an amount of assistance is deemed to be repaid by a corporation or partnership at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.33.11.5, an eligible training expenditure or the share of a corporation that is a member of the partnership in such an expenditure, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.33.11.3 or 1029.8.33.11.4;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership could reasonably expect to receive.

2009, c. 15, s. 231.

DIVISION II.5.1.2 CREDIT FOR FRANCIZATION IN THE WORKPLACE

2009, c. 15, s. 231.

§ 1 . — Interpretation and general

2009, c. 15, s. 231.

1029.8.33.11.11. In this division,

“accredited instructor” means a training body or an instructor accredited by the Minister of Employment and Social Solidarity under the Act to promote workforce skills development and recognition (chapter D-8.3) or a regulation made under that Act;

“apparent payment” means an amount paid or payable by an eligible instructor for the use of premises, facilities or equipment, or for the supply of services, that may reasonably be considered to be included in an eligible training expenditure;

“eligibility period” means the period beginning on 14 March 2008 and ending on 31 December 2011;

“eligible employee” of an eligible employer at a particular time in a taxation year or fiscal period means an individual who is, at that time, an employee, other than an excluded employee, of an establishment of the employer situated in Québec and an immigrant;

“eligible employer” means a qualified corporation or a qualified partnership;

“eligible instructor” in respect of an eligible employer at any time means a recognized educational institution or accredited instructor, but does not include a person or partnership that is, at that time,

(a)  an employee of the eligible employer;

(b)  a specified shareholder, a specified member or a member, as the case may be, of the eligible employer;

(c)  an employee, a specified shareholder or a specified member of a person with whom the eligible employer is not dealing at arm’s length;

(d)  an employee or a member of a partnership with which the eligible employer is not dealing at arm’s length;

(e)  an employee, a specified shareholder or a specified member of a person who is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer;

(f)  an employee, a specified shareholder or a specified member of a person who is a specified shareholder, a specified member or a member, as the case may be, of a person with whom the eligible employer is not dealing at arm’s length;

(g)  a member of a partnership that is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length; or

(h)  an employee, a specified shareholder or a specified member of a corporation that carries on a personal services business, or an employee or a member of a partnership that carries on such a business, if a shareholder or a specified member of the corporation or a member of the partnership is both a specified shareholder or a specified member of the corporation or a member of the partnership, as the case may be, and

i.  an employee, a specified shareholder or a specified member of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length, or

ii.  an employee, a specified shareholder or a specified member of a person or a member of a partnership that is a specified shareholder, a specified member or a member, as the case may be, of the eligible employer or of a person with whom the eligible employer is not dealing at arm’s length;

“eligible training” in respect of an eligible employer means a course designed to foster the francization of immigrants that is given by an eligible instructor, in respect of the employer, under a contract entered into after 13 March 2008 between the instructor and the employer, but does not include a course taken because the eligible employer is required to comply with a law or regulation;

“eligible training expenditure” of an eligible employer for a taxation year or fiscal period means, subject to section 1029.8.33.11.12, the aggregate of all amounts each of which is an amount, incurred in the part of the eligibility period that is included in the year or period and determined in respect of an eligible employee of the eligible employer who participates in eligible training that begins in the eligibility period, equal to the total of

(a)  the cost of the eligible training to the eligible employer or, if more than one person participates in the eligible training, the portion of that cost that may reasonably be attributed to the eligible employee’s participation in that training; and

(b)  the lesser of

i.  the portion of the eligible employee’s salary or wages that may reasonably be attributed to the period during which the eligible employee attends the eligible training, and

ii.  200% of the amount determined under paragraph a;

“excluded corporation” means a corporation that

(a)  is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income for the year because of section 999.0.1; or

(b)  would be exempt from tax for the year under section 985, but for section 192;

“excluded employee” of an eligible employer at a particular time means,

(a)  if the employer is a corporation, an employee who is, at that time, a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of the corporation;

(b)  if the employer is a partnership, an employee who

i.  is, at that time, a member of the partnership, or a specified shareholder or specified member of that member, or

ii.  is not, at that time, dealing at arm’s length with a member of the partnership, or with a specified shareholder or specified member of that member;

(c)  an employee in respect of whom it may reasonably be considered that one of the purposes for which the employee works for the eligible employer would be to allow, but for this paragraph, the employer or a corporation that is a member of the employer to be deemed to have paid, in respect of the employee, an amount to the Minister under section 1029.8.33.11.13 or 1029.8.33.11.14; and

(d)  an employee in respect of whom it may reasonably be considered that the conditions of employment with the eligible employer have been changed mainly to allow, but for this paragraph, the employer or a corporation that is a member of the employer to be deemed to have paid, in respect of the employee, an amount to the Minister under section 1029.8.33.11.13 or 1029.8.33.11.14, or to increase an amount that the employer or a corporation that is a member of the employer would be deemed, but for this paragraph, to have paid to the Minister under either of those sections in respect of the employee;

“immigrant”, at any time of a taxation year or fiscal period, means a person who, at that time, is, within the meaning of the Immigration and Refugee Protection Act (S.C, 2001, chapter 27),

(a)  a permanent resident;

(b)  a temporary resident or a holder of a temporary resident permit who was resident in Canada during the 18-month period preceding that time; or

(c)  a protected person;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation, that, in the year, has an establishment in Québec;

“qualified partnership” for a fiscal period means a partnership that, in that period, has an establishment in Québec;

“recognized educational institution” means an educational institution that is

(a)  a secondary-level or college-level educational institution under the authority of the Ministère de l’Éducation, du Loisir et du Sport;

(b)  an educational institution accredited for purposes of subsidies under section 77 of the Act respecting private education (chapter E-9.1);

(c)  an educational institution mentioned in the list established by the Minister of Education, Recreation and Sports under any of subparagraphs 1 to 3 of the first paragraph of section 56 of the Act respecting financial assistance for education expenses (chapter A-13.3); or

(d)  an educational institution operated by a person holding a permit issued, for that educational institution, by the Minister of Education, Recreation and Sports under section 12 of the Act respecting private education, provided that it offers a vocational education or vocational training program referred to in Chapter I of that Act;

“salary or wages” means the income computed under Chapters I and II of Title II of Book III;

“specified member” of a corporation that is a cooperative at any time means a member having, directly or indirectly, at that time, at least 10% of the votes at a meeting of the members of the cooperative.

For the purposes of the definition of “eligible training expenditure” in the first paragraph,

(a)  the cost of eligible training does not include the travel, meal or accommodation expenses incurred in respect of an eligible employee in order to allow that employee to attend the eligible training; and

(b)  if the eligible training is part of the Programme d’intégration linguistique des immigrants administered by the Ministère de l’Immigration et des Communautés culturelles, subparagraph ii of paragraph b of the definition of “eligible training expenditure” is to be read as follows, in respect of the eligible training:

“ii. 200% of the product obtained by multiplying $90 by the number of hours the eligible training lasts or, if the eligible training is offered to more than one eligible employer, of the proportion of that product that the number of eligible employees of the eligible employer who participate in the eligible training is of the number of eligible employees who participate in the eligible training;”.

2009, c. 15, s. 231; 2010, c. 5, s. 141.

1029.8.33.11.12. The eligible training expenditure of an eligible employer, for a taxation year or fiscal period, who is required to participate in workforce skills development in accordance with section 3 of the Act to promote workforce skills development and recognition (chapter D-8.3) for a calendar year that ends in the taxation year or fiscal period may not exceed an amount equal to the excess amount for the eligible employer that corresponds to the amount by which the amount that is, for the purposes of that Act, the total of the eligible employer’s eligible training expenditures for that calendar year, exceeds the amount of the eligible employer’s minimum participation set for that calendar year under section 3 of that Act.

For the purposes of the first paragraph, an eligible employer who is an employer exempted from the application of Chapter II of the Act to promote workforce skills development and recognition, for a calendar year, under a regulation made under subparagraph 3 of the first paragraph of section 20 of that Act is deemed, for that calendar year, to be an employer who is required to participate in workforce skills development in accordance with section 3 of that Act.

2009, c. 15, s. 231.

§ 2 . — Credits

2009, c. 15, s. 231.

1029.8.33.11.13. A qualified corporation that, in a taxation year, incurs an eligible training expenditure and encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000 is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to 30% of the amount of that expenditure, to the extent that that expenditure has been paid.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2009, c. 15, s. 231.

1029.8.33.11.14. If, in a fiscal period, a qualified partnership incurs an eligible training expenditure, each corporation, other than an excluded corporation, that is a member of that partnership at the end of the fiscal period and that encloses the prescribed form containing prescribed information with the fiscal return the corporation is required to file under section 1000 for the corporation’s taxation year in which the fiscal period ends is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 30% of the corporation’s share of that expenditure, to the extent that that expenditure has been paid.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, for the corporation’s taxation year in which the fiscal period of the qualified partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of the corporation’s tax payable for the year under this Part and of the corporation’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the corporation’s share of an eligible training expenditure incurred by a qualified partnership in a fiscal period is equal to the agreed proportion of the expenditure in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.15. For the purpose of computing the amount that is deemed to have been paid to the Minister by a corporation, for a taxation year, under section 1029.8.33.11.13 or 1029.8.33.11.14, the following rules apply:

(a)  the amount of the corporation’s expenditure referred to in the first paragraph of section 1029.8.33.11.13 is to be reduced, if applicable, by the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the corporation or, in the case of an apparent payment, a person with whom the corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the taxation year; and

(b)  the corporation’s share of the eligible training expenditure referred to in the first paragraph of section 1029.8.33.11.14 of a qualified partnership of which the corporation is a member, for a fiscal period of the partnership that ends in the corporation’s taxation year is to be reduced, if applicable,

i.  by the corporation’s share of the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the corporation or, in the case of an apparent payment, a person with whom the corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the corporation’s share, for the qualified partnership’s fiscal period, of the amount of any government assistance, non-government assistance or apparent payment that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.16. If, in respect of an eligible training expenditure incurred by a qualified corporation in a taxation year or by a qualified partnership in a fiscal period in relation to eligible training, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the eligible training, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that is deemed to have been paid to the Minister, for the taxation year, by the qualified corporation under section 1029.8.33.11.13, the amount of the eligible training expenditure is to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister under section 1029.8.33.11.14 by a corporation that is a member of the qualified partnership for the corporation’s taxation year in which the fiscal period ends, the corporation’s share of the eligible training expenditure is to be reduced, if applicable,

i.  by the corporation’s share of the amount of the benefit or advantage that a partnership or a person, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage that the corporation or a person with whom it does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the corporation’s share, for the qualified partnership’s fiscal period, of the amount of the benefit or advantage that a partnership or a person has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the corporation for the fiscal period.

2009, c. 15, s. 231.

1029.8.33.11.17. If, before 1 January 2014, a corporation pays, in a taxation year (in this section referred to as the “repayment year”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.33.11.15, an eligible training expenditure of the corporation for a particular taxation year for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for the particular taxation year under section 1029.8.33.11.13, the corporation is deemed, if the corporation encloses the prescribed form containing prescribed information with the fiscal return the corporation is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that the corporation would be deemed to have paid to the Minister for the particular taxation year under section 1029.8.33.11.13, in respect of the eligible training expenditure, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular taxation year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.33.11.15, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.13 for the particular taxation year in respect of the eligible training expenditure; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2009, c. 15, s. 231.

1029.8.33.11.18. If, before 1 January 2014, a partnership pays, in a fiscal period (in this section referred to as the “fiscal period of repayment”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.33.11.15, a corporation’s share of an eligible training expenditure of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.14, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if the corporation is a member of the partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister under section 1029.8.33.11.14 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.33.11.14, for its taxation year in which the particular fiscal period ends, in respect of the eligible training expenditure of the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.33.11.15; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 231.

1029.8.33.11.19. If, before 1 January 2014, a corporation is a member of a partnership at the end of a fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.33.11.15, its share of an eligible training expenditure of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.33.11.14, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister under section 1029.8.33.11.14 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.33.11.14 for its taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.33.11.15; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 231.

1029.8.33.11.20. For the purposes of sections 1029.8.33.11.17 to 1029.8.33.11.19, an amount of assistance is deemed to be repaid by a corporation or partnership at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.33.11.15, an eligible training expenditure or the share of a corporation that is a member of the partnership in such an expenditure, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.33.11.13 or 1029.8.33.11.14;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership could reasonably expect to receive.

2009, c. 15, s. 231.

DIVISION II.5.2 CREDIT IN RESPECT OF TIP REPORTING

1997, c. 85, s. 253.

1029.8.33.12. In this division,

“eligible employee”, in respect of an eligible taxpayer or a qualified partnership, at any time, means an individual to whom section 1019.4 applies and an individual to whom the first paragraph of section 42.12 applies;

“eligible taxpayer”, for a taxation year, means a taxpayer who, during that year, is the employer of an individual who performs employment duties for a regulated establishment;

“qualified expenditure” that an eligible taxpayer is required to pay in respect of a taxation year or that a qualified partnership is required to pay in respect of a fiscal period means,

(a)  unless provided for in paragraph b, an amount paid by the eligible taxpayer or the qualified partnership in respect of an eligible employee in relation to the taxation year or fiscal period, as the case may be, under any of the following provisions:

i.  section 59 of the Act respecting parental insurance (chapter A-29.011),

ii.  section 39.0.2 of the Act respecting labour standards (chapter N-1.1),

iii.  section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5),

iv.  section 52 of the Act respecting the Québec Pension Plan (chapter R-9), and

v.  section 68 of the Employment Insurance Act (Statutes of Canada, 1996, chapter 23);

(a.1)  the amount paid, as an assessment, by the eligible taxpayer or the qualified partnership in respect of an eligible employee in relation to the taxation year or fiscal period, as the case may be, pursuant to the Act respecting industrial accidents and occupational diseases (chapter A-3.001); and

(b)  an indemnity pertaining to the annual leave as prescribed by the Act respecting labour standards or the compensation in lieu thereof provided for in a contract of employment and earned by an eligible employee of the eligible taxpayer in respect of the taxation year or of the qualified partnership in respect of the fiscal period, as the case may be, and any amount payable by the eligible taxpayer or by the qualified partnership under the provisions mentioned in subparagraphs i and iii to v of paragraph a in respect of that indemnity or compensation;

(c)  an indemnity pertaining to a statutory holiday as prescribed by the Act respecting labour standards or by the National Holiday Act (chapter F-1.1) or the compensation, in lieu of that indemnity, provided for in a contract of employment and paid to an eligible employee of the eligible taxpayer in respect of the taxation year or of the qualified partnership in respect of the fiscal period, as the case may be; and

(d)  an indemnity in respect of a family event described in any of sections 80, 81 and 81.1 of the Act respecting labour standards or the compensation, in lieu of that indemnity, provided for in a contract of employment and paid to an eligible employee of the eligible taxpayer in respect of the taxation year or of the qualified partnership in respect of the fiscal period, as the case may be;

“qualified partnership”, for a fiscal period, means a partnership that, during the fiscal period, is the employer of an individual who performs employment duties for a regulated establishment;

“regulated establishment” had the meaning assigned by section 42.6;

“statutory holiday” means one of the following days:

(a)  1 January;

(b)  Good Friday or Easter Monday, at the option of the employer;

(c)  the Monday preceding 25 May;

(d)  24 June, or 25 June when the 24th falls on a Sunday;

(e)  1 July, or 2 July when the 1st falls on a Sunday;

(f)  the first Monday in September;

(g)  the second Monday in October; or

(h)  25 December;

“wages” means the income computed pursuant to the provisions of Chapters I and II of Title II of Book III, except for section 43.3.

1997, c. 85, s. 253; 1999, c. 83, s. 186; 1999, c. 89, s. 53; 2000, c. 39, s. 137; 2001, c. 51, s. 104; 2005, c. 38, s. 237; 2006, c. 36, s. 123; 2007, c. 12, s. 146.

1029.8.33.13. An eligible taxpayer who, in respect of a taxation year, is required to pay qualified expenditures and who encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file for the year under section 1000, or would be required to file for the year under section 1000 if the taxpayer were not a registered charity and if tax were payable under this Part by the taxpayer, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the taxation year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to 75% of the aggregate of the qualified expenditures determined in respect of the taxpayer for the taxation year in accordance with the third paragraph.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The qualified expenditure, for a taxation year, to which the first paragraph refers in respect of an eligible taxpayer consists of

(a)  the aggregate of all amounts paid under the provisions mentioned in subparagraphs iii and iv of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the taxation year or the end of which coincides with the end of the taxation year, other than any amount paid or payable under those provisions and referred to in subparagraph d in relation to an indemnity referred to in that subparagraph, in relation to the salary, wages or other remuneration paid, allocated, granted, awarded or attributed in that calendar year by the eligible taxpayer to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees;

(b)  the aggregate of all amounts paid under the provisions mentioned in subparagraphs i and v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the taxation year or the end of which coincides with the end of the taxation year, other than any amount paid or payable under those provisions and referred to in subparagraph d in relation to an indemnity referred to in that subparagraph, in relation to the salary, wages or other remuneration paid, allocated, granted or awarded in that calendar year by the eligible taxpayer to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer and to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill;

(c)  the amount paid under the provision mentioned in subparagraph ii of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the taxation year or the end of which coincides with the end of the taxation year, in relation to remuneration subject to contribution, within the meaning of the first paragraph of section 39.0.1 of the Act respecting labour standards (chapter N-1.1), paid, allocated, granted, awarded or attributed by the eligible taxpayer in that calendar year to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees;

(d)  the aggregate of the indemnities pertaining to the annual leave as prescribed by the Act respecting labour standards or of the compensation in lieu thereof and provided for in a contract of employment, as the case may be, received or receivable for the taxation year by the eligible employees of the eligible taxpayer in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the eligible taxpayer to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees, and of any amount paid or payable in respect of the taxation year, under the provisions mentioned in subparagraphs i and iii to v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in relation to such indemnities, as if those indemnities had been paid in the taxation year; and

(e)  the aggregate of all amounts each of which is an amount paid, as an assessment, under the Act mentioned in paragraph a.1 of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the taxation year or the end of which coincides with the end of the taxation year, in relation to the gross wages, within the meaning of sections 289 and 289.1 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), paid, allocated, granted, awarded or attributed by the eligible taxpayer in that calendar year to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees;

(f)  the aggregate of the indemnities pertaining to a statutory holiday as prescribed by the Act respecting labour standards or by the National Holiday Act (chapter F-1.1) or of the compensations, in lieu of those indemnities, provided for in a contract of employment, as the case may be, received in the taxation year by the eligible employees of the eligible taxpayer in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the eligible taxpayer to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees; and

(g)  the aggregate of the indemnities pertaining to an absence from work for family or parental matters described in any of sections 80, 81 and 81.1 of the Act respecting labour standards or of the compensations, in lieu of those indemnities, provided for in a contract of employment, as the case may be, received in the taxation year by the eligible employees of the eligible taxpayer in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the eligible taxpayer to eligible employees in relation to the tips reported by eligible employees to the eligible taxpayer, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the eligible taxpayer under section 42.11 to eligible employees.

For the purposes of subparagraphs a to c and e of the third paragraph, if no calendar year ends in a particular taxation year of a particular eligible taxpayer, no calendar year end coincides with the end of that taxation year and no amount may, but for this paragraph, be deemed to have been paid to the Minister under this division by an eligible taxpayer for a taxation year in relation to the amounts described in those subparagraphs a to c and e that the particular eligible taxpayer has paid in the part of the calendar year that is included in the particular taxation year, that part of a calendar year is deemed to be a calendar year the end of which coincides with the end of that particular taxation year.

1997, c. 85, s. 253; 1999, c. 83, s. 187; 2000, c. 39, s. 138; 2002, c. 40, s. 131; 2003, c. 9, s. 196; 2004, c. 21, s. 298; 2005, c. 38, s. 238; 2006, c. 36, s. 124.

1029.8.33.14. Where a qualified partnership is required to pay, in respect of a fiscal period, qualified expenditures, each taxpayer who is a member of the partnership at the end of that fiscal period and who encloses the prescribed form containing prescribed information with the fiscal return the taxpayer is required to file under section 1000, or would be required to file under section 1000 if the taxpayer were not a registered charity and if tax were payable under this Part by the taxpayer for the taxpayer’s taxation year in which the partnership’s fiscal period ends, is deemed, subject to the third paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the taxation year, on account of the taxpayer’s tax payable for that year under this Part, the taxpayer’s share of an amount equal to 75% of the aggregate of the qualified expenditures determined in respect of the qualified partnership for the fiscal period in accordance with the fourth paragraph.

For the purposes of the first paragraph, a taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the qualified partnership’s fiscal period that ends in the taxpayer’s taxation year.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the taxpayer’s taxation year in which the fiscal period of the qualified partnership ends, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The qualified expenditure, for a fiscal period, to which the first paragraph refers in respect of a qualified partnership consists of

(a)  the aggregate of all amounts paid under the provisions mentioned in subparagraphs iii and iv of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the fiscal period or the end of which coincides with the end of the fiscal period, other than any amount paid or payable under those provisions and referred to in subparagraph d in relation to an indemnity referred to in that subparagraph, in relation to the salary, wages or other remuneration paid, allocated, granted, awarded or attributed in that calendar year by the qualified partnership to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees;

(b)  the aggregate of all amounts paid under the provisions mentioned in subparagraphs i and v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the fiscal period or the end of which coincides with the end of the fiscal period, other than any amount paid or payable under those provisions and referred to in subparagraph d in relation to an indemnity referred to in that subparagraph, in relation to the salary, wages or other remuneration paid, allocated, granted or awarded in that calendar year by the qualified partnership to eligible employees in relation to the tips reported by eligible employees to the qualified partnership and to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill;

(c)  the amount paid under the provision mentioned in subparagraph ii of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the fiscal period or the end of which coincides with the end of the fiscal period, in relation to remuneration subject to contribution, within the meaning of the first paragraph of section 39.0.1 of the Act respecting labour standards (chapter N-1.1), paid, allocated, granted, awarded or attributed by the qualified partnership in that calendar year to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees;

(d)  the aggregate of the indemnities pertaining to the annual leave as prescribed by the Act respecting labour standards or of the compensation in lieu thereof and provided for in a contract of employment, as the case may be, received or receivable for the fiscal period by the eligible employees of the qualified partnership in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the qualified partnership to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees, and of any amount paid or payable in respect of the fiscal period, under the provisions mentioned in subparagraphs i and iii to v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12, in relation to such indemnities, as if those indemnities had been paid in the fiscal period;

(e)  the aggregate of all amounts each of which is an amount paid, as an assessment, under the Act mentioned in paragraph a.1 of the definition of “qualified expenditure” in section 1029.8.33.12, in respect of a calendar year that ends in the fiscal period or the end of which coincides with the end of the fiscal period, in relation to the gross wages, within the meaning of sections 289 and 289.1 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), paid, allocated, granted, awarded or attributed by the qualified partnership in that calendar year to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees;

(f)  the aggregate of the indemnities pertaining to a statutory holiday as prescribed by the Act respecting labour standards or by the National Holiday Act (chapter F-1.1) or of the compensations, in lieu of those indemnities, provided for in a contract of employment, as the case may be, received in the fiscal period by the eligible employees of the qualified partnership in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the qualified partnership to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees; and

(g)  the aggregate of the indemnities pertaining to an absence from work for family or parental matters described in any of sections 80, 81 and 81.1 of the Act respecting labour standards or of the compensations, in lieu of those indemnities, provided for in a contract of employment, as the case may be, received in the fiscal period by the eligible employees of the qualified partnership in respect of the salary, wages or other remuneration paid, allocated, granted, awarded or attributed by the qualified partnership to eligible employees in relation to the tips reported by eligible employees to the qualified partnership, to the tips that eligible employees received or benefited from and that constitute service charges added to a customer’s bill and to the amounts attributed by the qualified partnership under section 42.11 to eligible employees.

For the purposes of subparagraphs a to c and e of the fourth paragraph, if no calendar year ends in a fiscal period of a qualified partnership, no calendar year end coincides with the end of that fiscal period and no amount may, but for this paragraph, be deemed to have been paid to the Minister under this division by a taxpayer for a taxation year in relation to the amounts described in those subparagraphs a to c and e that the partnership has paid in the part of the calendar year that is included in that fiscal period, that part of a calendar year is deemed to be a calendar year whose end coincides with the end of that fiscal period.

1997, c. 85, s. 253; 1999, c. 83, s. 188; 2000, c. 39, s. 139; 2002, c. 40, s. 132; 2003, c. 9, s. 197; 2004, c. 21, s. 299; 2005, c. 38, s. 239; 2006, c. 36, s. 125; 2009, c. 15, s. 232.

1029.8.33.15. (Repealed).

1997, c. 85, s. 253; 1998, c. 16, s. 228; 2000, c. 39, s. 140.

1029.8.33.16. For the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a taxpayer under section 1029.8.33.13 or 1029.8.33.14, the following rules apply:

(a)  the amount of a qualified expenditure determined under any of subparagraphs a to c of the third paragraph of section 1029.8.33.13 shall be reduced, where applicable, by the amount of any government assistance attributable to the qualified expenditure, that the eligible taxpayer has received, is entitled to receive or may reasonably expect to receive, on or before the eligible taxpayer’s filing-due date for that year;

(b)  the amount of a qualified expenditure determined under any of subparagraphs a to c of the fourth paragraph of section 1029.8.33.14 shall be reduced, where applicable, by the amount of any government assistance attributable to the qualified expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, on or before a date that is six months after the end of its fiscal period that ends in that year; and

(c)  the share of a taxpayer who is a member of a qualified partnership of the aggregate of the qualified expenditure determined in respect of the qualified partnership for its fiscal period ended in that year shall be reduced, where applicable, by the amount of any government assistance attributable to a qualified expenditure of the qualified partnership forming part of that aggregate, that the taxpayer has received, is entitled to receive or may reasonably expect to receive, on or before a date that is six months after the end of that fiscal period of the partnership.

1997, c. 85, s. 253.

1029.8.33.17. Where, at a particular time, an eligible taxpayer or a qualified partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be repayment of government assistance that reduced, pursuant to paragraph a or b of section 1029.8.33.16, a particular qualified expenditure of the taxpayer or partnership, as the case may be, for the purpose of computing an amount deemed to have been paid to the Minister for a taxation year under section 1029.8.33.13 or 1029.8.33.14, the following rules apply:

(a)  the particular amount is deemed, for the purposes of those sections 1029.8.33.13 and 1029.8.33.14, to be a qualified expenditure of the taxpayer or partnership, as the case may be, determined at that particular time; and

(b)  the amount that the eligible taxpayer or a taxpayer who is a member of the qualified partnership, as the case may be, is deemed to have paid to the Minister under those sections is deemed

i.  to be

(1)  where the particular qualified expenditure has been determined in respect of the taxpayer, equal to the amount that, were it not for that assistance, would have been deemed to have been paid to the Minister by the taxpayer under section 1029.8.33.13 in respect of the portion of that qualified expenditure corresponding to the assistance so repaid, or

(2)  where the particular qualified expenditure has been determined in respect of the qualified partnership, equal to the amount that, were it not for that assistance and if the taxpayer’s share of the income or loss of the partnership were the same as that determined at the end of the fiscal period of the partnership that includes the particular time, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000, would have been deemed to have been paid to the Minister by the taxpayer under section 1029.8.33.14 in respect of the portion of the taxpayer’s share of that particular qualified expenditure corresponding to the assistance so repaid, and

ii.  paid to the Minister under the same section as the section under which, but for that assistance, the taxpayer would have been deemed to have paid an amount to the Minister in respect of the portion, corresponding to the assistance so repaid, of the particular qualified expenditure determined in the taxpayer’s respect or of the taxpayer’s share of the particular qualified expenditure determined in respect of the partnership, as the case may be.

1997, c. 85, s. 253; 2000, c. 39, s. 141; 2001, c. 7, s. 169; 2002, c. 40, s. 133.

1029.8.33.18. Where, at a particular time, a taxpayer who is a member of a qualified partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be repayment of government assistance that reduced, pursuant to paragraph c of section 1029.8.33.16, the taxpayer’s share of an aggregate of qualified expenditure determined in respect of the partnership for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.33.14, the following rules apply:

(a)  the particular amount is deemed, for the purposes of that section 1029.8.33.14, to be the taxpayer’s share of a qualified expenditure of the partnership determined at that particular time; and

(b)  the amount that the taxpayer is deemed to have paid to the Minister under that section is deemed

i.  to be equal to the amount that, were it not for that assistance, would have been deemed to have been paid to the Minister by the taxpayer under section 1029.8.33.14 in respect of the portion of the taxpayer’s share of the particular qualified expenditure corresponding to the assistance so repaid, and

ii.  to be paid to the Minister under that section 1029.8.33.14.

1997, c. 85, s. 253; 2000, c. 39, s. 142; 2001, c. 7, s. 169; 2002, c. 40, s. 134.

1029.8.33.19. For the purposes of sections 1029.8.33.17 and 1029.8.33.18, an amount of assistance is deemed to be repaid, at a particular time, by an eligible taxpayer or a qualified partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.33.16, the amount of a qualified expenditure referred to in section 1029.8.33.13 or the share of a taxpayer who is a member of the qualified partnership of an aggregate of qualified expenditure referred to in section 1029.8.33.14, for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister for a taxation year under sections 1029.8.33.13 and 1029.8.33.14;

(b)  was not received by the eligible taxpayer or qualified partnership; and

(c)  ceased, at that particular time, to be an amount that the eligible taxpayer or qualified partnership, as the case may be, may reasonably expect to receive.

1997, c. 85, s. 253; 2001, c. 7, s. 169; 2002, c. 40, s. 135.

DIVISION II.6 CREDIT FOR QUÉBEC FILM PRODUCTIONS

1992, c. 1, s. 177.

§ 1 . — Interpretation and generalities

1992, c. 1, s. 177.

1029.8.34. In this division,

“computer-aided special effects and animation expenditure” of a corporation for a taxation year in respect of a property that is a Québec film production means

(a)  where the corporation is not a qualified corporation for the year, an amount equal to zero; and

(b)  in any other case, an amount equal to the amount by which the portion of a labour expenditure of the corporation for the year that is directly attributable to an amount paid for activities connected with computer-aided special effects and animation and carried on in Québec as part of the production of the property and that is indicated, by budgetary item, on a document that the Société de développement des entreprises culturelles encloses with the advance ruling given or the certificate issued to the corporation in relation to the property, exceeds the aggregate of all amounts each of which is the lesser of the particular portion of either the amount described in paragraph a of the definition of “labour expenditure” or an amount described in any of subparagraphs i to iv of paragraph b of that definition, that is included in that portion of the corporation’s labour expenditure for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular portion that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular portion that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular portion is the portion of an amount described in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in that subparagraph and that relate to the particular portion;

“eligible employee” of an individual, a corporation or a partnership means, in respect of a property that is a Québec film production, an individual resident in Québec at any time in the calendar year during which the individual renders services as part of the production of the property;

“expenditure for services rendered outside the Montréal area” of a corporation for a taxation year in respect of a property that is a Québec film production means

(a)  where the corporation is not a qualified corporation for the year, an amount equal to zero; and

(b)  in any other case, an amount equal to the amount by which the portion of a labour expenditure of the corporation for the year that is directly attributable to services rendered in the year in Québec, outside the Montréal area, in relation to a regional production and that is indicated, by budgetary item, on a document that the Société de développement des entreprises culturelles encloses with the advance ruling given or the certificate issued to the corporation in relation to the property, exceeds the aggregate of all amounts each of which is the lesser of the particular portion of either the amount described in paragraph a of the definition of “labour expenditure” or an amount described in any of subparagraphs i to iv of paragraph b of that definition, that is included in that portion of the corporation’s labour expenditure for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular portion that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular portion that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular portion is the portion of an amount described in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in that subparagraph and that relate to the particular portion;

“labour expenditure” of a corporation for a taxation year in respect of a property that is a Québec film production means, subject to the second paragraph, the aggregate of the following amounts to the extent that they are reasonable under the circumstances and included in the production cost, cost or capital cost, as the case may be, of the property to the corporation:

(a)  the salaries or wages directly attributable to the property that are incurred in the year by the corporation and, where the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, to the extent that they relate to services rendered in relation to the stages of production of the property, from the script stage to the post-production stage, or in relation to another stage of production of the property that is carried out after the post-production stage within a period that is reasonable to the Minister but that must not extend beyond the date provided for in the fifth paragraph, and that are paid by the corporation to its eligible employees;

(b)  the portion of the remuneration, other than salary or wages, that is incurred in the year by the corporation and, where the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that was incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, in relation to the stages of production referred to in paragraph a of the property and that is paid by the corporation,

i.  to an individual, to the extent that that portion of the remuneration can reasonably be attributed either to services provided by the individual personally as part of the production of the property or to the wages of the individual’s eligible employees who provided services as part of the production of the property,

ii.  to a particular corporation having an establishment in Québec, other than a corporation referred to in subparagraph iii, a corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission, or a corporation that is not dealing at arm’s length with a corporation holding such a licence, to the extent that that portion of the remuneration is reasonably attributable to the wages of the particular corporation’s eligible employees who provided services as part of the production of the property,

iii.  to a corporation having an establishment in Québec all the issued capital stock of which, except the director’s qualifying shares, belongs to an individual and whose activities consist mainly in providing the services of that individual, to the extent that that portion of the remuneration can reasonably be attributed to services provided by the individual as part of the production of the property, or

iv.  to a partnership carrying on a business in Québec, to the extent that that portion of the remuneration is reasonably attributable either to services provided, as part of the production of the property, by an individual who is a member of the partnership or to the wages of the partnership’s eligible employees who provided services as part of the production of the property; and

(c)  where the corporation is a subsidiary wholly-owned corporation of a particular corporation, the reimbursement made by the corporation of an expenditure that was incurred in a particular taxation year by the particular corporation in respect of the property and that would be included in the labour expenditure of the corporation in respect of the property for the particular year because of paragraph a or b if, where such is the case, the corporation had had such a particular taxation year and if the expenditure had been incurred by the corporation for the same purposes as it was by the particular corporation and had been paid at the same time and to the same person or partnership as it was paid by the particular corporation;

“qualified computer-aided special effects and animation expenditure” of a corporation for a taxation year in respect of a property that is a Québec film production means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the computer-aided special effects and animation expenditure of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in paragraph b of the definition of “computer-aided special effects and animation expenditure” in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph i of subparagraph c of the first paragraph of section 1129.2, up to 100/10 of the tax under Part III.1 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the computer-aided special effects and animation expenditure of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified computer-aided special effects and animation expenditure of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling or, in the absence of such an application, an application for a certificate was filed in respect of that property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 100/10 of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1 for a year preceding the year by reason of subparagraph i of subparagraph c of the first paragraph of section 1129.2, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph i of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, pursuant to subparagraph ii of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure” and that relate to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of that property, to the extent that the amount has not, under subparagraph iii of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year; and

(b)  the amount by which

i.  50% of the amount by which the production costs directly attributable to the production of the property, other than an amount included in the production cost, cost or capital cost of the property to another corporation that is a qualified corporation, incurred by the corporation before the end of the year in respect of the property until the post-production stage or within a longer period that is reasonable to the Minister but that may not exceed the date provided for in the fifth paragraph, and paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified computer-aided special effects and animation expenditure of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling or, in the absence of such an application, an application for a certificate was filed in respect of that property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 100/10 of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1 in respect of the property for a taxation year preceding the year;

“qualified corporation”, in respect of a taxation year, means a corporation that, in the year, has an establishment in Québec and carries on there a Québec film or television production business that is a qualified business, but does not include

(a)  a corporation that, at any time in the year or during the 24 months preceding the year, is controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Québec;

(a.1)  a corporation that, at any time in the year or during the 24 months preceding the year, would be controlled by a particular person, if each share of the capital stock of the corporation owned by a person not resident in Québec were owned by that particular person;

(a.2)  a corporation that is the holder of a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission;

(a.3)  a corporation that, at any time in the year or during the 24 months preceding the year, is not dealing at arm’s length with another corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission unless the corporation holds, for that year, a qualification certificate issued by the Société de développement des entreprises culturelles for the purposes of this division; or

(b)  (paragraph repealed);

(c)  a corporation that, in accordance with Book VIII, is exempt from tax for the year under this Part or that would be but for section 192;

(d)  (paragraph repealed);

(e)  (paragraph repealed);

“qualified expenditure for services rendered outside the Montréal area” of a corporation for a taxation year in respect of a property that is a Québec film production means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the corporation’s expenditure for services rendered outside the Montréal area for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in paragraph b of the definition of “expenditure for services rendered outside the Montréal area” in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph i of subparagraph c of the first paragraph of section 1129.2, up to the product obtained by multiplying 100/10 or 100/20, as the case may be, by the amount of the tax under Part III.1 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the corporation’s expenditure for services rendered outside the Montréal area or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is a qualified expenditure for services rendered outside the Montréal area of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling or, in the absence of such an application, an application for a certificate was filed in respect of that property with the Société de développement des entreprises culturelles and which precedes the year, exceeds the product obtained by multiplying 100/10 or 100/20, as the case may be, by the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1 for a year preceding the year by reason of subparagraph i of subparagraph c of the first paragraph of section 1129.2, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to an expenditure for services rendered outside the Montréal area of the corporation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph i of paragraph b of the definition of “expenditure for services rendered outside the Montréal area”, reduced the amount of that expenditure for services rendered outside the Montréal area of the corporation for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to an expenditure for services rendered outside the Montréal area of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, pursuant to subparagraph ii of paragraph b of the definition of “expenditure for services rendered outside the Montréal area”, reduced the amount of that expenditure for services rendered outside the Montréal area of the corporation for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure” and that relate to an expenditure for services rendered outside the Montréal area of the corporation for a taxation year preceding the year in respect of that property, to the extent that the amount has not, under subparagraph iii of paragraph b of the definition of “expenditure for services rendered outside the Montréal area”, reduced the amount of that expenditure for services rendered outside the Montréal area of the corporation for that preceding year; and

(b)  the amount by which

i.  50% of the amount by which the production costs directly attributable to the production of the property, other than an amount included in the production cost, cost or capital cost of the property to another corporation that is a qualified corporation, incurred by the corporation before the end of the year in respect of the property until the post-production stage or within a longer period that is reasonable to the Minister but that may not exceed the date provided for in the fifth paragraph, and paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the corporation’s qualified expenditure for services rendered outside the Montréal area in respect of the property, for a taxation year before the end of which an application for an advance ruling or, in the absence of such an application, an application for a certificate was filed in respect of that property with the Société de développement des entreprises culturelles and which precedes the year, exceeds the product obtained by multiplying 100/10 or 100/20, as the case may be, by the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1 in respect of the property for a taxation year preceding the year;

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a Québec film production means the lesser of the following amounts:

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in subparagraph e of the second paragraph in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph i of subparagraph c of the first paragraph of section 1129.2, up to 20/9 or 20/7, as the case may be, of the tax under Part III.1 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i in relation to that assistance, and

(2.1)  (subparagraph repealed),

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is a qualified labour expenditure of the corporation in respect of the property, for a taxation year that precedes the year, exceeds 20/9 or 20/7, as the case may be, of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1 for a taxation year preceding the year by reason of subparagraph i of subparagraph c of the first paragraph of section 1129.2, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, by virtue of subparagraph i of subparagraph e of the second paragraph, reduced the amount of that labour expenditure of the corporation for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, by virtue of subparagraph ii of subparagraph e of the second paragraph, reduced the amount of that labour expenditure for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, to the extent that the amount has not, under subparagraph iii of subparagraph e of the second paragraph, reduced the amount of the labour expenditure of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  50% of the amount by which the production costs directly attributable to the production of the property, other than an amount included in the production cost, cost or capital cost of the property to another corporation that is a qualified corporation, incurred by the corporation before the end of the year in respect of the property until the post-production stage or within a longer period that is reasonable to the Minister but that may not exceed the date provided for in the fifth paragraph, and paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling or, in the absence of such an application, an application for a certificate was filed in respect of that property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 20/9 or 20/7, as the case may be, of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1 in respect of the property for a taxation year preceding the year;

“Québec film production” means a motion picture film, a video tape or a set of episodes or broadcasts that are part of a series in respect of which the Société de développement des entreprises culturelles gave a favourable advance ruling or issued a certificate for the purposes of this division;

“regional corporation”, in relation to a taxation year, means a qualified corporation in respect of which the Société de développement des entreprises culturelle issues, for the year, a certificate certifying that the corporation is a regional corporation for the purposes of subparagraph a.1 of the first paragraph of section 1029.8.35;

“regional production” means a Québec film production in respect of which the Société de développement des entreprises culturelles certifies, on the favourable advance ruling given or the certificate issued to a corporation in respect of the production, that the production qualifies for the purposes of subparagraph a.1 of the first paragraph of section 1029.8.35;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “labour expenditure” set forth in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of the said definition, the salaries or wages directly attributable to a property are, where an employee directly undertakes, supervises or supports the production of the property, that portion of the salaries or wages, paid to or on behalf of that employee, that may reasonably be considered to be related to the production of the property;

(b)  remuneration, including a salary or wages, includes neither an expenditure included in the production cost of a property to a corporation and consisting of an amount otherwise included in the cost or capital cost of the property to another corporation that is a qualified corporation nor, for greater certainty, remuneration based on the profits or revenues derived from the operation of a property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(b.1)  remuneration, including a salary or wages, does not include remuneration paid for services rendered by a person who, in the opinion of the Société de développement des entreprises culturelles as indicated in the advance ruling given or the certificate issued in relation to property, assumes the role of the main character in the production of the property that is a docu-soap;

(c)  an amount may be included in the amount established under paragraph b of the said definition in respect of an employee referred to in subparagraph i, ii or iv of the said paragraph b or an individual referred to in subparagraph iii or iv of the said paragraph b only if that employee or individual is a party to the contract entered into between, on the one hand, his employer, the corporation referred to in that subparagraph iii of which he is a shareholder or the partnership of which he is a member, as the case may be, and, on the other hand, the corporation in respect of which the said definition applies, pursuant to which the employee or the individual, as the case may be, undertakes to personally provide services as part of the production of the property referred to in the said definition;

(d)  (subparagraph repealed);

(d.1)  paragraph b of the definition shall be read as if there were no reference, in subparagraphs ii and iii, to the words “having an establishment in Québec” and, in subparagraph iv, to the words “carrying on a business in Québec”, where the property is an animated film the main filming or taping of which began on or before 25 March 2001;

(d.2)  (subparagraph repealed);

(e)  the amount of the labour expenditure of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds to the salaries or wages described in paragraph a of that definition or to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, that are included in that labour expenditure of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an individual or to the wages of the person’s or partnership’s eligible employees that are referred to in that subparagraph;

(f)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure for the year in respect of a property is deemed nil.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definitions of “qualified computer-aided special effects and animation expenditure”, “qualified expenditure for services rendered outside the Montréal area” and “qualified labour expenditure” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing an amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.35,

i.  a qualified computer-aided special effects and animation expenditure of the corporation, because of subparagraph ii of paragraph a of the definition of “qualified computer-aided special effects and animation expenditure” in the first paragraph,

i.1.  a qualified expenditure for services rendered outside the Montréal area of the corporation, because of subparagraph ii of paragraph a of the definition of “qualified expenditure for services rendered outside the Montréal area” in the first paragraph,

i.2.  an expenditure for services rendered outside the Montréal area of the corporation, because of paragraph b of the definition of “expenditure for services rendered outside the Montréal area” in the first paragraph,

ii.  a labour expenditure of the corporation, because of subparagraph e of the second paragraph,

iii.  a qualified labour expenditure of the corporation, because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, or

iv.  a computer-aided special effects and animation expenditure of the corporation, because of paragraph b of the definition of “computer-aided special effects and animation expenditure” in the first paragraph;

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of paragraph b of the definitions of “qualified computer-aided special effects and animation expenditure”, “qualified expenditure for services rendered outside the Montréal area” and “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  production fees and general administration costs may be taken into account for the purpose of computing the production costs directly attributable to the production of property that is a Québec film production only to the extent that they are reasonable under the circumstances;

(b)  production costs directly attributable to the production of property that is a Québec film production include the portion of the cost of acquisition of a particular property, owned by the corporation and used by it as part of the production of the property, that is the portion of the depreciation of that particular property, for a taxation year, determined in accordance with the generally accepted accounting principles, relating to the use of that particular property by the corporation in the year, as part of the production of the property; and

(c)  the amount of an advantage attributable to production costs includes the portion of the proceeds of disposition for a corporation of a particular property used by it as part of the production of property that is a Québec film production that relates to the portion of the cost of acquisition of that particular property that is already included in the production costs of the property up to the amount of the portion of the cost of acquisition of the particular property that is already included in the production costs of the property.

For the purposes of the definitions of “labour expenditure”, “qualified computer-aided special effects and animation expenditure”, “qualified expenditure for services rendered outside the Montréal area” and “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  the date to which those definitions refer is the date that is 18 months after the end of the corporation’s fiscal period that includes the date of recording of the first trial composite of the property or, in the case of a series, the date of recording of the last first trial composite of an episode or broadcast that is part of the series; and

(b)  no expenditure may be taken into consideration in computing a labour expenditure of a corporation for a taxation year in respect of a property that is a Québec film production, or production costs directly attributable to the production of such a property incurred before the end of a taxation year, unless the expenditure is paid at the time the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.35 for that taxation year.

For the purposes of the definitions of “qualified expenditure for services rendered outside the Montréal area” and “expenditure for services rendered outside the Montréal area” in the first paragraph, the Montréal area means the portion of the territory of Québec that is situated within 25 kilometres, by the shortest normally used road suitable for motor vehicles, from any point of the circumference of a circle having a radius of 25 kilometres the centre of which is the Papineau subway station.

For the purposes of paragraph b of the definition of “computer-aided special effects and animation expenditure” in the first paragraph, subparagraph i of paragraph b of the definition of “labour expenditure” in that first paragraph is to be read as if “if the individual is resident in Québec at any time in the calendar year in which the individual rendered those services” was inserted after “individual personally”.

For the purposes of subparagraph b of the second paragraph, remuneration based on the profits and revenues derived from the operation of a property that is a Québec film production does not include remuneration included in the production cost, cost or capital cost, as the case may be, of the property to a corporation if that remuneration

(a)  is determined in particular on the basis of the area contemplated for the distribution or broadcasting of the property; and

(b)  (subparagraph repealed);

(c)  may not be reimbursed if the property is not operated as first anticipated.

For the purpose of determining the qualified expenditure for services rendered outside the Montréal area, the qualified computer-aided special effects and animation expenditure and the qualified labour expenditure of a corporation in respect of a property for a taxation year, the following rules apply:

(a)  the definition of “qualified expenditure for services rendered outside the Montréal area” in the first paragraph is to be read, in respect of the property, as if “100/10 or 100/20” was replaced wherever it appears by “100/9.1875 or 100/19.3958”, if the qualified expenditure for services rendered outside the Montréal area, in respect of which tax under Part III.1 is to be paid in respect of the property, is referred to in subparagraph 1 of subparagraph i or ii of subparagraph a.1 of the first paragraph of section 1029.8.35;

(b)  the definition of “qualified computer-aided special effects and animation expenditure” in the first paragraph is to be read, in respect of the property, as if “100/10” was replaced wherever it appears by “100/10.2083”, if the qualified computer-aided special effects and animation expenditure, in respect of which tax under Part III.1 is to be paid in respect of the property, is referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.35;

(c)  the definition of “qualified labour expenditure” in the first paragraph is to be read, in respect of the property, as if “20/9 or 20/7” was replaced wherever it appears by “100/39.375 or 100/29.1667”, if the qualified labour expenditure, in respect of which tax under Part III.1 is to be paid in respect of the property, is referred to in subparagraph 1 of subparagraph i or ii of subparagraph a of the first paragraph of section 1029.8.35; and

(d)  if the property is the subject of a valid certificate issued by the Société de développement des entreprises culturelles for the purposes of subparagraph c of the first paragraph of section 1029.8.35 and none of the amounts of assistance referred to in subparagraphs ii to viii.1 of subparagraph c of the second paragraph of section 1029.6.0.0.1 is granted in its respect, the definition of “qualified labour expenditure” in the first paragraph is to be read, in respect of the property, as if “20/9 or 20/7” was replaced wherever it appears by “20/11 or 20/9”.

For the purpose of determining the qualified labour expenditure of a corporation for a taxation year that ends after 31 December 2008 in respect of a property, the amount of a labour expenditure incurred by the corporation in respect of the property before 1 January 2009 is to be multiplied by

(a)  39.375/45, if subparagraph i of subparagraph a of the first paragraph of section 1029.8.35 applies in respect of the property; and

(b)  29.1667/35, if subparagraph ii of subparagraph a of the first paragraph of section 1029.8.35 applies in respect of the property.

1992, c. 1, s. 177; 1993, c. 19, s. 122; 1993, c. 64, s. 167; 1994, c. 22, s. 321; 1995, c. 63, s. 174; 1996, c. 39, s. 273; 1997, c. 3, s. 61; 1997, c. 14, s. 219; 1997, c. 31, s. 143; 1997, c. 85, s. 254; 1999, c. 83, s. 189; 2000, c. 5, s. 255; 2000, c. 39, s. 143; 2001, c. 7, s. 144; 2001, c. 51, s. 105; 2002, c. 9, s. 56; 2003, c. 9, s. 198; 2004, c. 21, s. 300; 2005, c. 1, s. 230; 2005, c. 23, s. 153; 2005, c. 38, s. 240; 2006, c. 13, s. 112; 2006, c. 36, s. 126; 2007, c. 12, s. 147; 2009, c. 15, s. 233; 2010, c. 5, s. 142; 2010, c. 25, s. 125.

§ 2 . — Credit

1992, c. 1, s. 177.

1029.8.35. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information, a copy of the favourable advance ruling in force or of the unrevoked certificate given or issued by the Société de développement des entreprises culturelles in respect of a property that is a Québec film production and a copy of the qualification certificate referred to in paragraph a.3 of the definition of “qualified corporation” in the first paragraph of section 1029.8.34, where applicable, is deemed, subject to the second paragraph and sections 1029.8.35.1 and 1029.8.35.3, where the application for an advance ruling has been filed or, in the absence of such an application, where the application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to the aggregate of

(a)  the amount obtained by multiplying,

i.  where the property is a property in respect of which the Société de développement des entreprises culturelles has issued a certificate, for the purposes of this division, to the effect that the property qualifies for the increase applicable to certain French-language productions or to giant-screen films,

(1)  for a taxation year that ends before 1 January 2009, 39.375% by the amount of its qualified labour expenditure for the year in respect of the property, or

(2)  for a taxation year that ends after 31 December 2008, 45% by the amount of its qualified labour expenditure for the year in respect of the property, or

ii.  where the property is a property in respect of which the Société de développement des entreprises culturelles has not issued the certificate referred to in subparagraph i,

(1)  for a taxation year that ends before 1 January 2009, 29.1667% by the amount of its qualified labour expenditure for the year in respect of the property, or

(2)  for a taxation year that ends after 31 December 2008, 35% by the amount of its qualified labour expenditure for the year in respect of the property;

(a.1)  where the corporation encloses with the fiscal return it is required to file for the year a copy of the valid certificate issued to it for the year by the Société de développement des entreprises culturelles and certifying that it qualifies for the year as a regional corporation, and a copy of the document enclosed with the advance ruling given or the certificate issued in relation to the property and respecting the amount of the corporation’s expenditure for services rendered outside the Montréal area in respect of the property,

i.  where subparagraph i of subparagraph a applies in respect of the property

(1)  for a taxation year that ends before 1 January 2009, 9.1875% of its qualified expenditure for services rendered outside the Montréal area for the year in respect of the property, or

(2)  for a taxation year that ends after 31 December 2008, 10% of its qualified expenditure for services rendered outside the Montréal area for the year in respect of the property,

i.1.  (subparagraph repealed);

ii.  where subparagraph ii of subparagraph a applies in respect of the property

(1)  for a taxation year that ends before 1 January 2009, 19.3958% of its qualified expenditure for services rendered outside the Montréal area for the year in respect of the property, or

(2)  for a taxation year that ends after 31 December 2008, 20% of its qualified expenditure for services rendered outside the Montréal area for the year in respect of the property, and

iii.  (subparagraph repealed);

(b)  where the corporation encloses with the fiscal return it is required to file for the year a copy of the document that is enclosed with the advance ruling given or the certificate issued in relation to the property and that concerns the amount of the corporation’s computer-aided special effects and animation expenditure in respect of the property, and the property is a property referred to in subparagraph ii of subparagraph a,

i.  if an amount included in computing the corporation’s qualified computer-aided special effects and animation expenditure for the year in respect of the property was incurred before 1 January 2009, 10.2083% of its qualified computer-aided special effects and animation expenditure for the year in respect of the property, and

ii.  in any other case, 10% of its qualified computer-aided special effects and animation expenditure for the year in respect of the property; and

(c)  where the corporation encloses with the fiscal return it is required to file for the year a copy of the valid certificate issued to it by the Société de développement des entreprises culturelles in respect of the property and certifying that the property qualifies for the increase applicable to certain productions that do not receive an amount of financial assistance granted by a public body and that none of the amounts of assistance referred to in subparagraphs ii to viii.1 of subparagraph c of the second paragraph of section 1029.6.0.0.1 is granted as part of the production of the property, 10% of the portion of its qualified labour expenditure for the year in respect of the property that may reasonably be considered to be attributable to a labour expenditure incurred after 31 December 2008 in respect of the property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

However, this section does not apply

(a)  in respect of a property, where, as a consequence of agreements entered into as part of the financing of the production of the property or as a consequence of a series of transactions or events related to such financing, an individual resident in Québec at the end of a taxation year or a partnership any member of which, at the end of its fiscal period ending in a taxation year, is such an individual at the end of that year or such a partnership, may deduct, under section 130 or 130.1, an amount in respect of the property or any part thereof in computing his or its income from a business or property for such a taxation year or fiscal period, as the case may be; or

(b)  in respect of a qualified expenditure for services rendered outside the Montréal area, a qualified computer-aided special effects and animation expenditure or a qualified labour expenditure of a corporation for a particular taxation year or a subsequent taxation year in respect of a property all or any part of which, in circumstances other than those described in subparagraph a and on or before the earlier of the first day on which the property is used for commercial purposes and the first anniversary of the day on which the main filming or taping was completed, was acquired by an individual resident in Québec at the end of any taxation year of that individual or by a partnership any member of which, at the end of any of the partnership’s fiscal periods, is such an individual at the end of the individual’s taxation year in which the fiscal period ends or such a partnership, where,

i.  in the case where the particular year and, where such is the case, the fiscal period of the partnership end in the individual’s taxation year, the individual, or the partnership, may deduct, under section 130 or 130.1, an amount in respect of the property or that part thereof in computing his or its income from a business or property for that taxation year or that fiscal period, as the case may be, and

ii.  in other cases, it may reasonably be expected, on or before the person’s or the partnership’s filing-due date for the particular year, that the individual, or the partnership, is entitled to deduct, under section 130 or 130.1, an amount in respect of the property or that part thereof in computing his or its income from a business or property for a taxation year subsequent to that in which the particular year ends or for a fiscal period following that in which the particular year ends, as the case may be.

1992, c. 1, s. 177; 1993, c. 19, s. 123; 1993, c. 64, s. 168; 1994, c. 21, s. 50; 1995, c. 63, s. 175; 1997, c. 3, s. 71; 1997, c. 14, s. 220; 1997, c. 14, s. 375; 1997, c. 31, s. 115; 1997, c. 85, s. 255; 1999, c. 83, s. 190; 2000, c. 39, s. 144; 2001, c. 51, s. 106; 2002, c. 9, s. 57; 2002, c. 40, s. 136; 2003, c. 9, s. 199; 2004, c. 21, s. 301; 2005, c. 23, s. 154; 2005, c. 38, s. 241; 2007, c. 12, s. 148; 2010, c. 5, s. 143; 2010, c. 25, s. 126.

1029.8.35.0.1. Subject to sections 1010 to 1011 and for the purposes of paragraph b of the definition of “expenditure for services rendered outside the Montréal area” in the first paragraph of section 1029.8.34 and subparagraph a.1 of the first paragraph of section 1029.8.35, where the Société de développement des entreprises culturelles revokes a certificate issued by it to a corporation, the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1999, c. 83, s. 191; 2000, c. 39, s. 145; 2001, c. 51, s. 107; 2002, c. 9, s. 58.

1029.8.35.1. The amount that a corporation is deemed to have paid to the Minister, under section 1029.8.35, on account of its tax payable under this Part for a taxation year that ends before 1 January 2009 in respect of a property must not exceed the amount by which $2,187,500 exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that section in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.2 in respect of the property for a preceding taxation year.

For the purposes of the first paragraph, where the property is co-produced by the corporation and one or more other qualified corporations, the amount of $2,187,500 is replaced by the amount obtained by applying to $2,187,500 the corporation’s share, expressed as a percentage, of the production costs in relation to the production of the property that is specified in the favourable advance ruling given or the certificate issued, as the case may be, by the Société de développement des entreprises culturelles in respect of the property.

1997, c. 85, s. 256; 1999, c. 83, s. 192; 2001, c. 51, s. 108; 2002, c. 9, s. 59; 2004, c. 21, s. 302; 2005, c. 23, s. 155; 2010, c. 5, s. 144; 2010, c. 25, s. 127.

1029.8.35.2. (Repealed).

1997, c. 85, s. 256; 1999, c. 83, s. 193; 2001, c. 51, s. 109; 2003, c. 9, s. 200; 2004, c. 21, s. 303; 2005, c. 23, s. 156; 2009, c. 15, s. 234; 2010, c. 5, s. 145; 2010, c. 25, s. 128.

1029.8.35.3. Where all or part of an expenditure of a corporation is a qualified expenditure for services rendered outside the Montréal area for the year in respect of a property and a qualified computer-aided special effects and animation expenditure for the year in respect of the property, the amount that the corporation is deemed to have paid to the Minister, under section 1029.8.35, on account of its tax payable for a taxation year under this Part in respect of a property, shall not exceed,

(a)  for a taxation year that ends before 1 January 2009, 48.5625% of the qualified labour expenditure for the year in respect of the property; or

(b)  for a taxation year that ends after 31 December 2008, 65% of the qualified labour expenditure for the year in respect of the property.

2001, c. 51, s. 110; 2004, c. 21, s. 304; 2010, c. 5, s. 146; 2010, c. 25, s. 129.

1029.8.36. For the purposes of this Part, the amount that a corporation is deemed, under section 1029.8.35, to have paid to the Minister for a taxation year in respect of a property that is a Québec film production, shall reduce for that year the production cost, cost or capital cost, as the case may be, of the property to it, to the extent that the amount can reasonably be attributable to such production cost, cost or capital cost, as the case may be.

1992, c. 1, s. 177; 1993, c. 19, s. 124; 1995, c. 63, s. 176; 1997, c. 3, s. 71.

DIVISION II.6.0.0.1 CREDIT FOR FILM DUBBING

1999, c. 83, s. 194.

1029.8.36.0.0.1. In this division,

“eligible dubbing service” in relation to the production of a property that is a qualified production means

(a)  where the property is a feature film for theatres, any of the following services:

i.  the performance of actors,

ii.  adaptation, that is, translation of dialogue,

iii.  detection, that is, writing of synchronized dialogue, using conventional signs, of all the dialogue and mouth movements of all the characters of the original version,

iv.  calligraphy/grid/typing, that is, recopying the adapted text, taking into account the synchronization indications from detection, to be read by the actors during the recording of the dubbed version,

v.  stage management, that is, directing the actors during the recording,

vi.  the production of film titles, that is, the photography on neutral backgrounds of opening and closing credits and, as the case may be, of subtitles, to produce the negative of the titles for the dubbed version, to be used for the production of distribution copies, and

vii.  optical transfer, that is, recording of the sound on a negative to be matched with the negative of the picture to produce distribution copies for theatres; and

(b)  in any other case, any of the services referred to in subparagraphs i to v of paragraph a;

“film dubbing expenditure” of a corporation for a taxation year in respect of the production of a property that is a qualified production means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the property that are incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for the certificate, to the extent that they relate to eligible dubbing services rendered in Québec before the completion date of the dubbed master copy of the property or after that date within a period that is reasonable to the Minister but that must not extend beyond the date that is 18 months after the end of the corporation’s fiscal period that includes the completion date of the dubbed master copy, and that are paid by the corporation to its employees resident in Québec at any time in the calendar year in which they rendered the eligible dubbing services; and

(b)  the consideration that is incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the consideration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for the certificate, to the extent that they relate to eligible dubbing services rendered in Québec before the completion date of the dubbed master copy of the property or after that date within a period that is reasonable to the Minister but that must not extend beyond the date that is 18 months after the end of the corporation’s fiscal period that includes the completion date of the dubbed master copy, by an individual resident in Québec at any time in the calendar year in which the individual renders the eligible dubbing services or by a corporation or partnership having an establishment in Québec, other than an employee of the corporation, as part of the production of the property and that is paid by the corporation;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec and carries on therein a business that consists in the rendering of dubbing services and that is a qualified business, but does not include

(a)  (paragraph repealed);

(b)  a corporation that is exempt from tax for the year under Book VIII; or

(c)  a corporation that would be exempt from tax for the year under section 985 but for section 192;

(d)  (paragraph repealed);

“qualified film dubbing expenditure” of a corporation for a taxation year in respect of the production of a property that is a qualified production means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the film dubbing expenditure of the corporation for the year in respect of the production of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the production of the property, in subparagraph ii or in subparagraph d of the second paragraph in respect of a taxation year for which the corporation is a qualified corporation, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the production of the property, the film dubbing expenditure of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified film dubbing expenditure of the corporation in respect of the production of the property, for a taxation year preceding the year, exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.1 for a year preceding the year by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.2, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a film dubbing expenditure of the corporation for a taxation year preceding the year in respect of the production of the property, to the extent that the amount has not, under subparagraph i of subparagraph d of the second paragraph, reduced the film dubbing expenditure of the corporation for that preceding year, and

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a film dubbing expenditure of the corporation for a taxation year preceding the year in respect of the production of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, under subparagraph ii of subparagraph d of the second paragraph, reduced the amount of the film dubbing expenditure of the corporation for that preceding year; and

(3)  the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the production of the property, is attributable to eligible dubbing services rendered by the person or partnership that are referred to in paragraph b of the definition of “film dubbing expenditure”, to the extent that the amount has not, under subparagraph iii of subparagraph d of the second paragraph, reduced the film dubbing expenditure of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  40.5% of the consideration paid to the qualified corporation in the year or a preceding taxation year for the performance of the dubbing contract in relation to the production of the property, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified film dubbing expenditure of the corporation in respect of the production of the property, for a taxation year preceding the year, exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.1 for a taxation year preceding the year in respect of the production of the property;

“qualified production” for a taxation year of a corporation means the dubbed version of a production in respect of which the Société de développement des entreprises culturelles certifies, on the certificate it issues to the corporation in respect of the dubbed version, that the dubbed version qualifies for the purposes of this division;

“salary or wages” means the income computed under Chapters I and II of Title II of Book III.

For the purposes of the definition of “film dubbing expenditure” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph b of that definition, the portion of the consideration paid by the corporation to a person or partnership with whom or with which the corporation was not dealing at arm’s length at the time the person or partnership undertook to provide eligible dubbing services as part of the production of the property shall not exceed the fair market value of the eligible dubbing services rendered in Québec by the person or partnership as part of the production of the property;

(b)  for the purposes of paragraph b of that definition, the portion of the consideration paid by the corporation for the provision of a service referred to in subparagraph vi of paragraph a of the definition of “eligible dubbing service” in the first paragraph is deemed to be equal to 30% of that portion of the consideration, and that portion of the consideration paid by the corporation for the provision of a service referred to in subparagraph vii of that paragraph a is deemed to be equal to 20% of that portion of the consideration;

(c)  for the purposes of paragraph b of that definition, the consideration paid by the corporation for the provision of eligible dubbing services shall not include the portion of that consideration that is the Québec sales tax or the goods and services tax in respect of those services;

(c.1)  no expenditure may be taken into consideration in computing the film dubbing expenditure of a corporation for a taxation year in respect of the production of a property, unless it is paid at the time the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.36.0.0.2 for that taxation year;

(d)  the amount of the film dubbing expenditure of a corporation for a taxation year in respect of the production of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds either to the salaries or wages described in paragraph a of that definition or to the consideration or the portion of the consideration described in paragraph b of that definition, that are included in that film dubbing expenditure of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the consideration or the portion of the consideration described in paragraph b of that definition, the amount of any government assistance and non-government assistance that a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to eligible dubbing services rendered in Québec by that person or partnership referred to in that paragraph; and

(e)  where, for a taxation year, a corporation is not a qualified corporation, its film dubbing expenditure for the year in respect of the production of a property is deemed to be nil.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified film dubbing expenditure” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of the production of a property that is a qualified production, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.2, in respect of the production of the property,

i.  because of subparagraph d of the second paragraph, a film dubbing expenditure of the corporation in respect of the production of the property, or

ii.  because of subparagraph ii of paragraph a of the definition of “qualified film dubbing expenditure” in the first paragraph, a qualified film dubbing expenditure of the corporation in respect of the production of the property;

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of subparagraph i of paragraph b of the definition of “qualified film dubbing expenditure” in the first paragraph, the following rules apply:

(a)  the consideration paid for the performance of a dubbing contract to the qualified corporation by a taxpayer with whom the corporation was not dealing at arm’s length at the time the contract was entered into shall not exceed the fair market value of the services rendered by the qualified corporation for the performance of the dubbing contract; and

(b)  the consideration paid for the performance of a dubbing contract to the qualified corporation shall not include the portion of that consideration that is the Québec sales tax or the goods and services tax in respect of that contract.

For the purposes of the definition of “qualified film dubbing expenditure” in the first paragraph, that definition is to be read as if

(a)  “300%” was replaced wherever it appears by “342.85%”, in the case of a production referred to in subparagraph a of the first paragraph of section 1029.8.36.0.0.2; and

(b)  “300%” was replaced wherever it appears by “3331/3%”, in the case of a production referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.0.0.2.

1999, c. 83, s. 194; 2000, c. 5, s. 256; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2002, c. 9, s. 60; 2003, c. 9, s. 201; 2004, c. 21, s. 305; 2005, c. 1, s. 231; 2006, c. 13, s. 113; 2006, c. 36, s. 127; 2007, c. 12, s. 149; 2010, c. 5, s. 147.

1029.8.36.0.0.2. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 a copy of the valid certificate issued to it by the Société de développement des entreprises culturelles specifying that the dubbed version of a production is a qualified production for the purposes of this division and the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, if the application for a certificate has been filed in respect of the production with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a production the dubbing of which is completed after 31 August 2003 and to which subparagraph a.1 does not apply, 29.1667% of its qualified film dubbing expenditure for the year in respect of the production of that qualified production;

(a.1)  in the case of a production for which an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, 30% of its qualified film dubbing expenditure for the year in respect of the production of that qualified production; and

(b)  in any other case, 33 1/3% of its qualified film dubbing expenditure for the year in respect of the production of that qualified production.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1999, c. 83, s. 194; 2003, c. 9, s. 202; 2004, c. 21, s. 306; 2007, c. 12, s. 150; 2010, c. 5, s. 148.

1029.8.36.0.0.3. Subject to sections 1010 to 1011, for the purposes of this division, where the Société de développement des entreprises culturelles replaces or revokes a certificate issued by it in respect of a property that is a qualified production, the following rules apply:

(a)  a replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(b)  a revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in subparagraph b of the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1999, c. 83, s. 194; 2004, c. 21, s. 307.

DIVISION II.6.0.0.2 FILM PRODUCTION SERVICES CREDIT

1999, c. 83, s. 194.

1029.8.36.0.0.4. In this division,

“computer-aided special effects and animation expenditure” of a corporation for a taxation year in respect of a property that is a qualified production or a qualified low-budget production means

(a)  where the corporation is not a qualified corporation for the year, an amount equal to zero; and

(b)  in any other case, an amount equal to the amount by which the portion of a labour expenditure of the corporation for the year that is directly attributable to an amount paid for activities connected with computer-aided special effects and animation and carried on as part of the production of the property and that is specified, by budgetary item, on a document that the Société de développement des entreprises culturelles encloses with the favourable advance ruling given to the corporation in relation to the property, exceeds the aggregate of all amounts each of which is the lesser of the particular portion of either the amount described in paragraph a of the definition of “labour expenditure” or an amount described in any of subparagraphs i to iv of paragraph b of that definition, that is included in that portion of the corporation’s labour expenditure for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular portion that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular portion that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular portion is the portion of an amount described in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in that subparagraph and that relate to the particular portion;

“eligible employee” of an individual, a corporation or a partnership means, in respect of a property that is a qualified production or a qualified low-budget production, an employee resident in Québec at any time in the calendar year in which the employee renders, as part of the production of the property, services referred to in paragraph a of the definition of “labour expenditure” or in any of subparagraphs i, ii and iv of paragraph b of that definition;

“eligible individual” means, in respect of a property that is a qualified production, an individual resident in Québec at any time in the calendar year in which the individual renders, as part of the production of the property, services referred to in paragraph a of the definition of “labour expenditure” or in any of subparagraphs i, ii and iv of paragraph b of that definition;

“eligible production costs” to a corporation for a taxation year, in respect of a property that is a qualified production, means the amount by which the amount determined in the fifth paragraph in respect of the property for the year is exceeded by the aggregate of

(a)  the production costs to the corporation for the year in respect of the property;

(b)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph c of the third paragraph or in the fifth paragraph in respect of a taxation year for which the corporation is a qualified corporation; and

(c)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the production costs to the corporation or an amount determined under paragraph b, exceeds the amount by which the aggregate of all amounts each of which is the eligible production costs to the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling has been filed in respect of the property with the Société de développement des entreprises culturelles and that precedes the year, exceeds 400% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.2 for a taxation year preceding the year by reason of subparagraph i.1 of subparagraph b of the first paragraph of section 1129.4.0.6, in relation to assistance referred to in the fifth paragraph;

“excluded corporation” for a taxation year means a corporation that is

(a)  (paragraph repealed);

(b)  exempt from tax for the year under Book VIII;

(c)  controlled, directly or indirectly in any manner whatever, by one or more corporations exempt from tax under Book VIII at any time in the year and whose mission is cultural;

(d)  (paragraph repealed);

(e)  holding a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission; or

(f)  at any time in the year or during the 24 months preceding the year, related to another corporation holding a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission unless the corporation holds, for that year, a qualification certificate issued by the Société de développement des entreprises culturelles for the purposes of this division;

“excluded production” means a Québec film production, within the meaning of the first paragraph of section 1029.8.34, in respect of which an amount is deemed to have been paid to the Minister under Division II.6;

“labour cost attributable to computer-aided special effects and animation” of a corporation for a taxation year, in respect of a property that is a qualified production, means

(a)  where the corporation is not a qualified corporation for the year, an amount equal to zero; and

(b)  in any other case, an amount equal to the amount by which the aggregate of all amounts each of which is the portion (in this paragraph referred to as the “particular portion”) of an amount described in any of paragraphs a to c of the definition of “production costs” that is included in the corporation’s production costs for the year in respect of the property, that is directly attributable to an amount paid for activities connected with computer-aided special effects and animation and carried on as part of the production of the property and that is specified, by budgetary item, on a document that the Société de développement des entreprises culturelles encloses with the favourable advance ruling given to the corporation in relation to the property, exceeds the aggregate of all amounts each of which is the lesser of the particular portion and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular portion that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular portion that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular portion relates to the portion of the cost of a contract or to other costs described in paragraph c of the definition of “production costs”, the amount of any government assistance and non-government assistance that another person or a partnership with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered in Québec as part of the production of the property by the other person or the partnership under the contract;

“labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified production means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the production of the property that are incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling, to the extent that they relate to services rendered in Québec in relation to the stages of production of the property, from the script stage to the post-production stage, or in relation to another stage of production of the property that is carried out after the post-production stage within a period that is reasonable to the Minister but that must not extend beyond the date that is 18 months after the end of the corporation’s fiscal period that includes the taping date of the first trial composite of the property, and that are paid by the corporation to its eligible employees at the time when the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.36.0.0.5 for that taxation year;

(b)  the portion of the remuneration, other than salary or wages, that is incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that was incurred by the corporation in a year preceding the year in which the corporation filed the application for the advance ruling, that is directly attributable to the production of the property and that relates to services rendered in Québec during the year to the corporation, in relation to the stages of production of the property referred to in paragraph a, and that is paid by the corporation at the time when the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.36.0.0.5 for that taxation year,

i.  to an eligible individual, to the extent that that portion of the remuneration is reasonably attributable either to services personally rendered in Québec by the eligible individual as part of the production of the property or to the wages of the individual’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property,

ii.  to a particular corporation having an establishment in Québec, other than a corporation referred to in subparagraph iii, a corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission or a corporation that is not dealing at arm’s length with a corporation holding such a licence, to the extent that that portion of the remuneration is reasonably attributable to the wages of the particular corporation’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property,

iii.  to a corporation having an establishment in Québec all the issued capital stock of which, except directors’ qualifying shares, belongs to an eligible individual and the activities of which consist principally in the provision of the eligible individual’s services, to the extent that that portion of the remuneration is reasonably attributable to services rendered in Québec by the eligible individual as part of the production of the property, or

iv.  to a partnership carrying on a business in Québec and having an establishment in Québec, to the extent that that portion of the remuneration is reasonably attributable either to services rendered in Québec, as part of the production of the property, by an eligible individual who is a member of the partnership, or to the wages of the partnership’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property; and

(c)  where the corporation is a subsidiary wholly-owned corporation of a particular corporation, the reimbursement made by the corporation of an expenditure that was incurred in a particular taxation year by the particular corporation in respect of the property and that would be included in the labour expenditure of the corporation in respect of the property for the particular year because of paragraph a or b if, where such is the case, the corporation had had such a particular taxation year and if the expenditure had been incurred by the corporation for the same purposes as it was by the particular corporation and had been paid to the same person or partnership as it was paid by the particular corporation;

“production costs” to a corporation for a taxation year, in respect of a property that is a qualified production, means, subject to the third paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the production of the property that are incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling, that are incurred by the corporation in a year preceding that year, to the extent that they relate to services rendered in Québec in relation to the stages of production of the property, from the script stage to the post-production stage, or in relation to another stage of production of the property that is carried out after the post-production stage within a period that is reasonable to the Minister but that must not extend beyond the date that is 18 months after the end of the corporation’s fiscal period that includes the taping date of the first trial composite of the property;

(b)  the employer’s contributions and other employment-related costs established under an Act of Québec or of Canada that the corporation is required to pay for the year and, if applicable, a year preceding that year, in respect of salaries or wages referred to in paragraph a, except the contribution provided for in section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5);

(c)  the portion of the cost of a contract and the other costs related to the contract that are incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling, that are incurred by the corporation in a year preceding that year, that are directly attributable to the production of the property, to the extent that that portion and the other costs relate to services rendered in Québec to the corporation in relation to the stages of production of the property that are referred to in paragraph a;

(d)  the cost that is incurred by the corporation in the year in respect of the acquisition, rental or leasing, in Québec, of a particular property that is a corporeal property, including software, and, where the year is the taxation year in which the corporation files an application for an advance ruling, that is incurred by the corporation in that respect in a year preceding that year, that is directly attributable to the production of the property, to the extent that

i.  the cost relates to the use of the particular property in Québec in relation to the stages of production of the property that are referred to in paragraph a, and

ii.  the cost is incurred with

(1)  an individual who is resident in Québec at the time the particular property is acquired, rented or leased as part of the production of the property, or

(2)  a corporation or partnership that is carrying on a business in Québec and has an establishment in Québec at the time the particular property is acquired, rented or leased as part of the production of the property; and

(e)  where the corporation is a subsidiary wholly-owned corporation of a particular corporation, the reimbursement made by the corporation of an expenditure that was incurred in a particular taxation year by the particular corporation in respect of the property and that would be included in the production costs to the corporation in respect of the property for the particular year because of any of paragraphs a to d if, where such is the case, the corporation had had such a particular taxation year and if the expenditure had been incurred by the corporation for the same purposes as it was by the particular corporation and had been paid to the same person or partnership as it was paid by the particular corporation;

“qualified computer-aided special effects and animation expenditure” of a corporation for a taxation year in respect of a property that is a qualified production or a qualified low-budget production means the amount by which

(a)  the aggregate of

i.  the computer-aided special effects and animation expenditure of the corporation for the year in respect of the property,

ii.  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in paragraph b or in paragraph b of the definition of “computer-aided special effects and animation expenditure” in respect of a taxation year for which the corporation is a qualified corporation, and

iii.  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the computer-aided special effects and animation expenditure of the corporation or an amount determined under subparagraph ii, exceeds the amount by which the aggregate of all amounts each of which is the qualified computer-aided special effects and animation expenditure of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling has been filed in respect of the property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 500% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.2 for a year preceding the year by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.6, in relation to assistance referred to in paragraph b; exceeds

(b)  the aggregate of

i.  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph i of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year,

ii.  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, pursuant to subparagraph ii of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year, and

iii.  the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure” and that relate to a computer-aided special effects and animation expenditure of the corporation for a taxation year preceding the year in respect of that property, to the extent that the amount has not, under subparagraph iii of paragraph b of the definition of “computer-aided special effects and animation expenditure”, reduced the amount of that computer-aided special effects and animation expenditure of the corporation for that preceding year;

“qualified corporation” for a taxation year in respect of a property that is a qualified production or a qualified low-budget production means a corporation, other than an excluded corporation, that, in the year, has an establishment in Québec and the activities of which consist principally in the carrying on in Québec of a film or television production business, or a film or television production services business, that is a qualified business, and in respect of which the Société de développement des entreprises culturelles issues a certificate for the purposes of this definition as part of the favourable advance ruling it gives in respect of the property;

“qualified labour cost attributable to computer-aided special effects and animation” of a corporation for a taxation year, in respect of a property that is a qualified production, means the amount by which the amount described in the fourth paragraph in respect of the property for the year is exceeded by the aggregate of

(a)  the corporation’s labour cost attributable to computer-aided special effects and animation for the year in respect of the property;

(b)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in paragraph b of the definition of “labour cost attributable to computer-aided special effects and animation” or in the fourth paragraph in respect of a taxation year for which the corporation is a qualified corporation; and

(c)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the corporation’s labour cost attributable to computer-aided special effects and animation or an amount determined under paragraph b, exceeds the amount by which the aggregate of all amounts each of which is the corporation’s qualified labour cost attributable to computer-aided special effects and animation in respect of the property, for a taxation year before the end of which an application for an advance ruling has been filed in respect of the property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 500% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.2 for a year preceding the year by reason of subparagraph i.1 of subparagraph b of the first paragraph of section 1129.4.0.6, in relation to assistance referred to in the fourth paragraph;

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified production means the amount by which

(a)  the aggregate of

i.  the labour expenditure of the corporation for the year in respect of the property,

ii.  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in paragraph b or in subparagraph d of the second paragraph in respect of a taxation year for which the corporation is a qualified corporation, and

iii.  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure of the corporation or an amount determined under subparagraph ii, exceeds the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property, for a taxation year before the end of which an application for an advance ruling has been filed in respect of the property with the Société de développement des entreprises culturelles and which precedes the year, exceeds 100/11, 500% or 400%, as the case may be, of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.2 for a taxation year preceding the year by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.6, in relation to assistance referred to in paragraph b; exceeds

(b)  the aggregate of

i.  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, by virtue of subparagraph i of subparagraph d of the second paragraph, reduced the labour expenditure of the corporation for that preceding year,

ii.  the amount of any reimbursement of an expenditure made to the corporation by a subsidiary wholly-owned corporation of the corporation where that subsidiary includes, by virtue of paragraph c of the definition of “labour expenditure”, that amount in its labour expenditure for a taxation year in respect of a property that is a qualified production,

iii.  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, by virtue of subparagraph ii of paragraph d of the second paragraph, reduced the amount of that labour expenditure of the corporation for that preceding year, and

iv.  the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, to the extent that the amount has not, under subparagraph iii of subparagraph d of the second paragraph, reduced the labour expenditure of the corporation for that preceding year in respect of the property;

“qualified low-budget production” for a taxation year means a property that is a production, other than a qualified production or an excluded production, in respect of which the Société de développement des entreprises culturelles certifies, on the favourable advance ruling given to a corporation in respect of the production, that the production qualifies as a low-budget production for the purposes of this division;

“qualified production” for a taxation year means a property that is a production, other than a qualified low-budget production or an excluded production, in respect of which the Société de développement des entreprises culturelles certifies, on the favourable advance ruling given to a corporation in respect of the production, that the production qualifies for the purposes of this division;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “labour expenditure” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of that definition, the salaries or wages directly attributable to a property that is a qualified production are, where an eligible employee directly undertakes, supervises or supports the production of the property, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the production of the property;

(b)  remuneration, including a salary or wages, does not include remuneration determined by reference to profits or revenues derived from the operation of a property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  (subparagraph repealed);

(d)  the amount of the labour expenditure of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds either to the salaries or wages described in paragraph a of that definition or to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, that are included in that labour expenditure of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in that subparagraph;

(e)  the labour expenditure of a corporation for a taxation year in respect of a property shall not include an amount that is not included in the production cost to the corporation of the property or that relates to advertizing, marketing, promotion or market research, or an amount related in any way to another property;

(f)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure for the year in respect of a property is deemed nil; and

(g)  the labour expenditure of a corporation for a taxation year in respect of a property is deemed to be nil, where the Société de développement des entreprises culturelles specifies in the favourable advance ruling it gives in respect of the property that the main filming or taping in Québec in respect of the property is carried out after 12 June 2009.

For the purposes of the definition of “production costs” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of that definition, the salaries or wages directly attributable to a property that is a qualified production are, where an employee directly undertakes, supervises or supports the production of the property, the portion of the salaries or wages that may reasonably be considered to relate to the production of the property;

(b)  an amount may not be included in the production costs to a corporation in respect of a property if the amount is remuneration determined by reference to profits or revenues derived from the operation of the property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  the amount of the production costs to a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of a particular amount that is included in those production costs, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount relates to the portion of the cost of a contract and to other costs described in paragraph c of that definition, the amount of any government assistance and non-government assistance that another person or a partnership with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered in Québec as part of the production of the property by the other person or the partnership under the contract;

(d)  an amount described in any of paragraphs a to c of that definition that may reasonably be considered to be attributable to services rendered as part of the production of a property by a person as a producer, author, scriptwriter, director, art director, director of photography, musical director, composer, orchestra conductor, editor, visual effects supervisor, actor in a speaking role or performer, may be included in the production costs to the corporation for a taxation year in respect of the property only if that person is resident in Québec at the time the person renders such services as part of the production of the property;

(e)  the production costs to a corporation for a taxation year in respect of a property do not include

i.  the portion of the cost of a contract that may reasonably be considered to be the consideration for services rendered as part of the production of the property by a corporation holding a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission or by a corporation that is not dealing at arm’s length with a corporation holding such a licence, and

ii.  the cost incurred by the corporation in respect of the acquisition, rental or leasing of a corporeal property, including software, used as part of the production of the property with a corporation holding a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission or with a corporation that is not dealing at arm’s length with a corporation holding such a licence;

(f)  the cost incurred by a corporation in a taxation year in respect of the acquisition of a particular property that is a corporeal property, including software, that is used in Québec by the corporation as part of the production of a property and that is, for the corporation, a depreciable property of a prescribed class is an amount equal to the portion of the depreciation of the particular property for the year, determined in accordance with the generally accepted accounting principles, relating to the use of the particular property by the corporation in that year, as part of the production of the property;

(g)  the cost incurred by a corporation in a taxation year in respect of the rental or leasing of a particular property that is a corporeal property, including software, as part of the production of a property corresponds to the portion of that cost that may reasonably be attributed to the use in Québec of the particular property by the corporation in that year as part of the production of the property;

(h)  an expenditure may be taken into account in computing the production costs to a corporation for a taxation year in respect of a property only if it is paid at the time the corporation first files the prescribed form containing prescribed information provided for in the first paragraph of section 1029.8.36.0.0.5 for that taxation year in respect of the property;

(i)  the production costs to a corporation for a taxation year in respect of a property must not include an amount that is not included in the production cost of the property or that relates to advertizing, marketing, promotion or market research, or an amount related in any way to another property; and

(j)  where, for a taxation year, a corporation is not a qualified corporation, its production costs for the year in respect of a property are deemed to be nil.

The amount to which the definition of “qualified labour cost attributable to computer-aided special effects and animation” in the first paragraph refers for the purpose of determining a corporation’s qualified labour cost attributable to computer-aided special effects and animation for a taxation year, in respect of a property that is a qualified production, is equal to the aggregate of

(a)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to the corporation’s labour cost attributable to computer-aided special effects and animation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph i of paragraph b of the definition of “labour cost attributable to computer-aided special effects and animation” in the first paragraph, reduced the amount of the cost for that preceding year;

(b)  the amount of any benefit or advantage that a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to the labour cost attributable to computer-aided special effects and animation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, pursuant to subparagraph ii of paragraph b of the definition of “labour cost attributable to computer-aided special effects and animation” in the first paragraph, reduced the amount of the cost for that preceding year; and

(c)  the amount of any government assistance and non-government assistance that another person or a partnership with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered in Québec by the other person or the partnership as part of the production of the property under a contract referred to in paragraph c of the definition of “production costs” in the first paragraph and relating to the corporation’s labour cost attributable to computer-aided special effects and animation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph iii of paragraph b of the definition of “labour cost attributable to computer-aided special effects and animation” in the first paragraph, reduced the amount of the cost for that preceding year.

The amount to which the definition of “eligible production costs” in the first paragraph refers for the purpose of determining the amount of those costs to a corporation for a taxation year, in respect of a property that is a qualified production, is equal to the aggregate of

(a)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to production costs to the corporation for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph i of paragraph b of the definition of “production costs” in the first paragraph, reduced the amount of those costs for that preceding year;

(b)  the amount of any benefit or advantage that a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to the corporation’s production costs for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, pursuant to subparagraph ii of paragraph b of the definition of “production costs” in the first paragraph, reduced the amount of those costs for that preceding year; and

(c)  the amount of any government assistance and non-government assistance that another person or a partnership with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered in Québec as part of the production of the property by the other person or the partnership under a contract referred to in paragraph c of the definition of “production costs” in the first paragraph and relating to the corporation’s production costs for a taxation year preceding the year in respect of the property, to the extent that that amount has not, pursuant to subparagraph iii of paragraph b of that definition, reduced the amount of those costs for that preceding year.

For the purposes of subparagraph ii of paragraph a of the definitions of “qualified computer-aided special effects and animation expenditure” and “qualified labour expenditure” in the first paragraph and for the purposes of paragraph b of the definitions of “eligible production costs“ and “qualified labour cost attributable to computer-aided special effects and animation“ in that paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of a property that is a qualified production or a qualified low-budget production, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.5, in respect of the property,

i.  because of paragraph b of the definition of “qualified computer-aided special effects and animation expenditure” in the first paragraph, a qualified computer-aided special effects and animation expenditure of the corporation,

ii.  because of subparagraph d of the second paragraph, a labour expenditure of the corporation in respect of the production of the property,

iii.  because of paragraph b of the definition of “qualified labour expenditure” in the first paragraph, a qualified labour expenditure of the corporation in respect of the property,

iv.  because of paragraph b of the definition of “computer-aided special effects and animation expenditure” in the first paragraph, a computer-aided special effects and animation expenditure of the corporation;

v.  because of paragraph b of the definition of “qualified labour cost attributable to computer-aided special effects and animation“ in the first paragraph, the corporation’s qualified labour cost attributable to computer-aided special effects and animation in respect of the property,

vi.  because of paragraph b of the definition of “labour cost attributable to computer-aided special effects and animation“ in the first paragraph, the corporation’s labour cost attributable to computer-aided special effects and animation in respect of the property,

vii.  because of paragraph b of the definition of “eligible production costs“ in the first paragraph, eligible production costs to the corporation in respect of the property, or

viii.  because of subparagraph c of the third paragraph, production costs to the corporation in respect of the property;

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of paragraph c of the definition of “excluded corporation” in the first paragraph, a corporation whose mission is cultural does not include a corporation whose mandate consists in making investments.

For the purposes of subparagraph b of the second and third paragraphs, remuneration based on the profits and revenues derived from the operation of a property that is a qualified production does not include remuneration that

(a)  is determined in particular on the basis of the area contemplated for the distribution or broadcasting of the property;

(b)  is incurred totally in connection with the stages of production of the property referred to in paragraph a of the definition of “labour expenditure” in the first paragraph; and

(c)  may not be reimbursed if the property is not operated as first anticipated.

For the purposes of subparagraph ii of subparagraph c of the third paragraph and the fifth paragraph, the amount of an advantage attributable to production costs includes the portion of the proceeds of disposition for a corporation of a particular property used by it as part of the production of a property that is a qualified production that relates to the portion of the cost of acquisition of the particular property that is already included in the production costs of the property up to the portion of the cost of acquisition of the particular property that is already included in the production costs of the property.

1999, c. 83, s. 194; 2000, c. 5, s. 257; 2001, c. 7, s. 145; 2001, c. 51, s. 111; 2002, c. 9, s. 61; 2003, c. 9, s. 203; 2004, c. 21, s. 308; 2005, c. 1, s. 232; 2005, c. 23, s. 157; 2005, c. 38, s. 242; 2006, c. 13, s. 114; 2006, c. 36, s. 128; 2007, c. 12, s. 151; 2009, c. 15, s. 236; 2010, c. 5, s. 149; 2010, c. 25, s. 130.

1029.8.36.0.0.5. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing prescribed information, a copy of the valid favourable advance ruling given by the Société de développement des entreprises culturelles in respect of a property that is a qualified production or a qualified low-budget production and a copy of the qualification certificate referred to in paragraph f of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.0.4, where applicable, is deemed, subject to the second paragraph, where the application for an advance ruling has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  where the property is a qualified production that is not described in subparagraph a.1, the aggregate of

i.  20% of its qualified computer-aided special effects and animation expenditure for the year in respect of the property, and

ii.  11% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property before 31 December 2004, 20% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property after 30 December 2004 and before 21 December 2007, and 25% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property after 20 December 2007;

(a.1)  where the property is a qualified production in respect of which the Société de développement des entreprises culturelles specifies in the favourable advance ruling given in respect of the property that the main filming or taping in Québec in respect of the property is carried out after 12 June 2009, the aggregate of

i.  20% of the corporation’s qualified labour cost attributable to computer-aided special effects and animation for the year in respect of the property, and

ii.  25% of its eligible production costs for the year in respect of the property; and

(b)  where the property is a qualified low-budget production, 20% of its qualified computer-aided special effects and animation expenditure for the year in respect of the property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1999, c. 83, s. 194; 2000, c. 39, s. 146; 2001, c. 51, s. 112; 2003, c. 9, s. 204; 2004, c. 21, s. 309; 2005, c. 38, s. 243; 2007, c. 12, s. 152; 2009, c. 15, s. 237; 2010, c. 5, s. 150; 2010, c. 25, s. 131.

1029.8.36.0.0.5.1. If, at a particular time, a corporation enters into a contract for services rendered in Québec as part of the production of a property that is a qualified production with a person or partnership with which it is not, at that time, dealing at arm’s length, and if, in the opinion of the Minister, one of the purposes of the existence of the contract is to increase the particular amount that the corporation would be deemed to have paid to the Minister, in respect of the property, on account of its tax payable for a taxation year under subparagraph a.1 of the first paragraph of section 1029.8.36.0.0.5 if a contract for the same services had been entered into with a person or partnership with which it is dealing at arm’s length, the Minister may determine that the particular amount is the amount that the corporation is deemed to have paid to the Minister, in respect of the property, on account of its tax payable for that year under that subparagraph a.1.

For the purposes of the first paragraph, in determining whether a corporation and a partnership are not dealing at arm’s length at the particular time, the partnership’s fiscal period is deemed to end at the particular time and the partnership is deemed, at the particular time, to be a corporation all the voting shares of which are owned by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for that fiscal period.

2010, c. 25, s. 132.

1029.8.36.0.0.6. Subject to sections 1010 to 1011, for the purposes of section 1029.8.36.0.0.5, where the Société de développement des entreprises culturelles replaces or revokes a favourable advance ruling or a certificate given or issued by it in respect of a property that is a qualified production or a qualified low-budget production, the following rules apply:

(a)  the replaced favourable advance ruling is null from the time it was given or deemed given, and the new favourable advance ruling is deemed to have been given at that time;

(b)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(c)  the revoked favourable advance ruling or certificate is null from the time the revocation becomes effective.

The revoked favourable advance ruling referred to in subparagraph c of the first paragraph is deemed not to have been given as of the effective date specified in the notice of revocation and the revoked certificate referred to in that subparagraph c is deemed not to have been issued as of that date.

1999, c. 83, s. 194; 2004, c. 21, s. 310.

DIVISION II.6.0.0.3 CREDIT FOR THE PRODUCTION OF SOUND RECORDINGS

2000, c. 39, s. 147.

1029.8.36.0.0.7. In this division,

“eligible employee” of an individual, a corporation or a partnership means, in respect of a property that is a qualified property, an individual resident in Québec at any time in the calendar year in which the individual carries out eligible production work relating to the property;

“eligible individual” means, in respect of a property that is a qualified property, an individual resident in Québec at any time in the calendar year in which the individual carries out eligible production work relating to the property;

“eligible production work” relating to a property that is a qualified property means

(a)  if the property is a qualified sound recording, the work to carry out the stages of production of the property from the initial design to the production of the master and the pressing stage to the extent that the work is attributable to the pressing of the first 20,000 copies of the property, including the design of the cover, mastering and media duplication, but does not include activities relating to promotion, distribution or dissemination;

(b)  if the property is a qualified digital audiovisual recording, the work to carry out the stages of production of the property from the initial design to the production of the master and the pressing stage to the extent that the work is attributable to the pressing of the first 20,000 copies of the property, including the authoring stage, that is, the encoding, assembly and addition of interactivity to the image, sound and other components to be digitized, ambiophonic sound production, design of the cover, mastering and media duplication, but does not include activities relating to promotion, distribution or dissemination; and

(c)  if the property is a qualified clip, the work to carry out the stages of production of the video material of the property from the initial design to the production of the master, but does not include activities relating to promotion, distribution or dissemination;

“excluded corporation” for a taxation year means a corporation that is

(a)  at any time in the year or during the 24 months preceding the year, controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Québec;

(a.1)  a corporation that would be, at any time in the year or during the 24 months preceding the year, controlled by a particular person, if each share of the capital stock of the corporation owned by a person not resident in Québec were owned by the particular person;

(b)  exempt from tax for the year under Book VIII; or

(c)  controlled, directly or indirectly in any manner whatever, by one or more corporations that are exempt from tax under Book VIII at any time in the year and whose mission is cultural;

(d)  (paragraph repealed);

“labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified property means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the production of the property that are incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate and that are paid by the corporation to its eligible employees, to the extent that they relate to services rendered in Québec for eligible production work relating to the property carried out

i.  in the case of work carried out in the stage of pressing the property, before the date that is 18 months after the release of the property, and

ii.  in the case of work carried out in the stages of production of the property, other than the stage referred to in subparagraph i, before the completion date of the master of the property or after that date, within a period that is reasonable to the Minister, but that must not extend beyond the date provided for in subparagraph a of the third paragraph; and

(b)  the portion of the remuneration, other than a salary or wages, that is incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, that relates to services rendered in Québec to the corporation for eligible production work relating to the property and referred to in paragraph a, and that is paid by the corporation

i.  to an eligible individual, to the extent that that portion of the remuneration is reasonably attributable to services personally rendered in Québec by the eligible individual as part of the production of the property, to the wages of the eligible individual’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property, or to services rendered in Québec, as part of the production of the property, by another eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1) and to whom that portion of the remuneration is paid again by the eligible individual,

ii.  to a particular corporation having an establishment in Québec, other than a corporation referred to in subparagraph iii, to the extent that that portion of the remuneration is reasonably attributable either to the wages of the particular corporation’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property or to services rendered in Québec, as part of the production of the property, by an eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists and to whom that portion of the remuneration is paid again by the particular corporation,

iii.  to a corporation having an establishment in Québec all the issued capital stock of which, except directors’ qualifying shares, belongs to an eligible individual and the activities of which consist principally in the provision of the eligible individual’s services, to the extent that that portion of the remuneration is reasonably attributable to services rendered in Québec by the eligible individual as part of the production of the property, or

iv.  to a partnership carrying on a business in Québec and having an establishment therein, to the extent that that portion of the remuneration is reasonably attributable to services rendered in Québec, as part of the production of the property, by an eligible individual who is a member of the partnership, to the wages of the partnership’s eligible employees that relate to services rendered in Québec by the eligible employees as part of the production of the property, or to services rendered in Québec, as part of the production of the property, by an eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists and to whom that portion of the remuneration is paid again by the partnership;

“qualified clip” of a corporation for a taxation year means a clip in respect of which the corporation holds for the year a favourable advance ruling given or a certificate issued by the Société de développement des entreprises culturelles for the purposes of this division;

“qualified corporation” for a taxation year in respect of a property that is a qualified property means a corporation, other than an excluded corporation, that, in the year, has an establishment in Québec and carries on therein a sound recording production business that is a qualified business, and that, for the year, is a record company recognized by the Société de développement des entreprises culturelles or a corporation that has entered into an agreement with such a record company with a view to operate the property;

“qualified digital audiovisual recording” of a corporation for a taxation year means a digital audiovisual recording in respect of which the corporation holds for the year a favourable advance ruling given or a certificate issued by the Société de développement des entreprises culturelles for the purposes of this division;

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified property means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in subparagraph c of the second paragraph in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the production of the property, in subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.10, up to 300% of the tax under Part III.1.0.3 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property, for a taxation year preceding the year, exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.3 for a year preceding the year by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.10, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph i of subparagraph c of the second paragraph, reduced the labour expenditure of the corporation for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, under subparagraph ii of subparagraph c of the second paragraph, reduced the amount of that labour expenditure of the corporation for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, to the extent that the amount has not, under subparagraph iii of subparagraph c of the second paragraph, reduced the labour expenditure of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  50% of the amount by which the production costs directly attributable to the production of the property that are incurred by the corporation before the end of the year in respect of the property until the completion date of the master of the property or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the third paragraph or, in the case of production costs directly attributable to the stage of pressing the property, until the date that is 18 months after the release of the property, and that are paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the production of the property for a taxation year preceding the year exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.3 for a taxation year preceding the year in respect of the production of the property;

“qualified property” means a qualified sound recording, a qualified digital audiovisual recording or a qualified clip;

“qualified sound recording” of a corporation for a taxation year means a property that is a sound recording in respect of which the corporation holds for the year a favourable advance ruling given or a certificate issued, as the case may be, by the Société de développement des entreprises culturelles for the purposes of this division;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “labour expenditure” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of that definition, the salaries or wages directly attributable to the production of a property that is a qualified property are, where an eligible employee directly undertakes, supervises or supports the production of the property, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the production of the property;

(b)  remuneration, including a salary or wages, does not include remuneration by reference to the profits or revenues derived from the operation of a property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  the amount of the labour expenditure of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds either to the salaries or wages described in paragraph a of that definition or to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, that are included in that labour expenditure of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in that subparagraph; and

(d)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure for the year in respect of a property is deemed to be nil;

(e)  (subparagraph repealed).

For the purposes of the definitions of “labour expenditure” and “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  the date to which those definitions refer is the date that is 18 months after the end of the corporation’s fiscal period that includes the completion date of the master copy of the property;

(b)  no expenditure may be taken into consideration in computing a labour expenditure of a corporation for a taxation year in respect of a property that is a qualified property, or production costs directly attributable to the production of such a property incurred before the end of the year, unless the expenditure is paid at the time the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.36.0.0.8 for that taxation year; and

(c)  no expenditure may be taken into consideration in computing a labour expenditure of a corporation for a taxation year in respect of a property that is a qualified property, or production costs directly attributable to the production of such a property incurred before the end of the year, if the expenditure has been taken into consideration in computing such a labour expenditure or such costs in respect of another property that is a qualified property.

For the purposes of subparagraph i of paragraph b of the definition of “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  the production costs directly attributable to the production of a property that is a qualified property are

i.  the portion of the production costs, other than the production fees and administration costs, to the extent that they are reasonable in the circumstances and included in the production cost, cost or capital cost, as the case may be, of the property to the corporation, and

ii.  the production fees and administration costs, to the extent that they are reasonable in the circumstances;

(b)  the production costs directly attributable to the production of a property that is a qualified property include the portion of the cost of acquisition of a particular property, owned by the corporation and used by it as part of the production of the property, which corresponds to the portion of the depreciation of the particular property, for a taxation year, determined in accordance with the generally accepted accounting principles, relating to the use of the particular property by the corporation in the year, as part of the production of the property; and

(c)  the amount of a benefit attributable to production costs includes the portion of the proceeds of disposition by a corporation of a particular property used by it as part of the production of a property that is a qualified property that relates to the portion of the cost of acquisition of the particular property that has already been included in the production costs of the property up to the amount of the portion of the acquisition cost of the particular property that has already been so included in the production costs of the property.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of a property that is a qualified property, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.8, in respect of the property,

i.  because of subparagraph c of the second paragraph, a labour expenditure of the corporation in respect of the property,

ii.  because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, a qualified labour expenditure of the corporation in respect of the property, or

iii.  (subparagraph repealed);

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of paragraph c of the definition of “excluded corporation” in the first paragraph, a corporation whose mission is cultural does not include a corporation whose mandate consists in making investments.

For the purposes of the definition of “qualified labour expenditure” in the first paragraph, that definition is to be read as if

(a)  “300%” was replaced wherever it appears by “285.7143%” in respect of a property referred to in subparagraph i of any of subparagraphs a to a.2 of the first paragraph of section 1029.8.36.0.0.8; and

(b)  “300%” was replaced wherever it appears by “342.85%” in respect of a property referred to in subparagraph ii of any of subparagraphs a to a.2 of the first paragraph of section 1029.8.36.0.0.8.

2000, c. 39, s. 147; 2001, c. 51, s. 113; 2003, c. 9, s. 205; 2004, c. 21, s. 311; 2005, c. 1, s. 233; 2005, c. 23, s. 158; 2005, c. 38, s. 244; 2006, c. 13, s. 115; 2006, c. 36, s. 129; 2007, c. 12, s. 153; 2009, c. 5, s. 441; 2010, c. 5, s. 151.

1029.8.36.0.0.8. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 a copy of the valid favourable advance ruling given or valid certificate issued by the Société de développement des entreprises culturelles in respect of a property that is a qualified property and the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, where the application for an advance ruling has been filed or, in the absence of such an application, where the application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to

(a)  if the property is a qualified sound recording,

i.  35% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified sound recording for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, and

ii.  29.1667% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified sound recording for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and before 20 March 2009 or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003;

(a.1)  if the property is a qualified digital audiovisual recording,

i.  35% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified digital audiovisual recording for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, and

ii.  29.1667% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified digital audiovisual recording for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 23 March 2006 and before 20 March 2009;

(a.2)  if the property is a qualified clip,

i.  35% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified clip for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, and

ii.  29.1667% of its qualified labour expenditure for the year in respect of the property, where the property is a qualified clip for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 23 March 2006 and before 20 March 2009; and

(b)  in any other case, 33 1/3% of its qualified labour expenditure for the year in respect of that property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

Subject to the sixth paragraph, the amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is a qualified property must not exceed the amount by which, where the property is co-produced by the corporation and one or more other qualified corporations, the amount obtained by applying to $50,000 the corporation’s share, expressed as a percentage, of the production costs in relation to the production of the property that is specified in the favourable advance ruling given or the certificate issued, as the case may be, by the Société de développement des entreprises culturelles in respect of the property or, in any other case, $50,000, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.10 in respect of the property for a preceding taxation year.

In the case of a property referred to in subparagraph ii of subparagraph a or a.1 of the first paragraph, the third paragraph shall be read, in respect of that property, with “$50,000”, wherever it appears, replaced by “$43,750”.

In the case of a property referred to in subparagraph ii of subparagraph a.2 of the first paragraph, the third paragraph is to be read as if, in respect of that property, “$50,000” was replaced wherever it appears by “$21,875”.

The third paragraph does not apply for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under the first paragraph on account of its tax payable for a taxation year in respect of a qualified property, if the property is referred to in subparagraph i of any of subparagraphs a to a.2 of the first paragraph.

2000, c. 39, s. 147; 2001, c. 51, s. 114; 2002, c. 9, s. 62; 2003, c. 9, s. 206; 2004, c. 21, s. 312; 2007, c. 12, s. 154; 2010, c. 5, s. 152.

1029.8.36.0.0.9. Subject to sections 1010 to 1011, for the purposes of section 1029.8.36.0.0.8, where the Société de développement des entreprises culturelles replaces or revokes a favourable advance ruling or a certificate given or issued by it, in respect of a property that is a qualified property, the following rules apply:

(a)  the replaced favourable advance ruling is null from the time it was given or deemed given, and the new favourable advance ruling is deemed to have been given at that time;

(b)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(c)  a revoked favourable advance ruling or certificate is null from the time the revocation becomes effective.

The revoked favourable advance ruling referred to in subparagraph c of the first paragraph is deemed not to have been given as of the effective date specified in the notice of revocation and the revoked certificate referred to in that subparagraph c is deemed not to have been issued as of that date.

2000, c. 39, s. 147; 2004, c. 21, s. 313; 2007, c. 12, s. 155.

DIVISION II.6.0.0.4 CREDIT FOR THE PRODUCTION OF PERFORMANCES

2000, c. 39, s. 147; 2003, c. 9, s. 207.

1029.8.36.0.0.10. In this division,

“eligible employee” of an individual, a corporation or a partnership means, in respect of a property that is a qualified performance, an individual resident in Québec at any time in the calendar year in which the individual renders services as part of the production of the property;

“eligible individual” means, in respect of a property that is a qualified performance, an individual resident in Québec at any time in the calendar year in which the individual renders services as part of the production of the property;

“labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified performance means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances, but does not include any amount relating to the broadcasting or promotion of the property:

(a)  the salaries or wages directly attributable to the production of the property that are incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, to the extent that they relate to services rendered in relation to the stages of production of the property, from the preproduction stage to the performance before an audience, or in relation to another stage of production of the property carried out after the performance before an audience within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the third paragraph, and that are paid by the corporation to its eligible employees; and

(b)  the portion of the remuneration, other than salary or wages, that relates to services rendered to the corporation in relation to the production of the property and that is related to the stages of production of the property provided for in paragraph a, that is incurred by the corporation in the year and, where the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, and that is paid by the corporation

i.  to an eligible individual, to the extent that that portion of the remuneration is reasonably attributable to services personally rendered by the eligible individual as part of the production of the property, to the wages of the eligible individual’s eligible employees that relate to services rendered by the eligible employees as part of the production of the property, or to services rendered, as part of the production of the property, by another eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists (chapter S-32.1) and to whom that portion of the remuneration is paid again by the eligible individual,

ii.  to a particular corporation having an establishment in Québec, other than a corporation referred to in subparagraph iii, to the extent that that portion of the remuneration is reasonably attributable either to the wages of the particular corporation’s eligible employees that relate to services rendered by the eligible employees as part of the production of the property or to services rendered, as part of the production of the property, by an eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists and to whom that portion of the remuneration is paid again by the particular corporation,

iii.  to a corporation having an establishment in Québec all the issued capital stock of which, except directors’ qualifying shares, belongs to an eligible individual and the activities of which consist principally in the provision of the eligible individual’s services, to the extent that that portion of the remuneration is reasonably attributable to services rendered by the eligible individual as part of the production of the property, or

iv.  to a partnership carrying on a business in Québec and having an establishment therein, to the extent that that portion of the remuneration is reasonably attributable to services rendered, as part of the production of the property, by an eligible individual who is a member of the partnership, to the wages of the partnership’s eligible employees that relate to services rendered by the eligible employees as part of the production of the property, or to services rendered, as part of the production of the property, by an eligible individual who is an artist subject to the Act respecting the professional status and conditions of engagement of performing, recording and film artists and to whom that portion of the remuneration is paid again by the partnership;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec and carries on therein a performance production business that is a qualified business, but does not include

(a)  a corporation that, at any time in the year or during the 24 months preceding the year, is controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Québec;

(a.1)  a corporation that, at any time in the year or during the 24 months preceding the year, would be controlled by a particular person, if each share of the capital stock of the corporation owned by a person not resident in Québec were owned by the particular person;

(b)  a corporation that is exempt from tax for the year under Book VIII; or

(c)  a corporation that is controlled, directly or indirectly in any manner whatever, by one or more corporations that are exempt from tax under Book VIII at any time in the year and whose mission is cultural;

(d)  (paragraph repealed);

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a qualified performance means the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in subparagraph d of the second paragraph in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the production of the property, in subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.14, up to 300% of the tax under Part III.1.0.4 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the property, for a taxation year preceding the year, exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.4 for a year preceding the year by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.14, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance and non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph i of subparagraph d of the second paragraph, reduced the labour expenditure of the corporation for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, that is attributable to a labour expenditure of the corporation for a taxation year preceding the year in respect of the property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, to the extent that that amount has not, under subparagraph ii of subparagraph d of the second paragraph, reduced the amount of that labour expenditure of the corporation for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure”, to the extent that the amount has not, under subparagraph iii of subparagraph d of the second paragraph, reduced the labour expenditure of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  50% of the amount by which the production costs directly attributable to the production of the property that are incurred by the corporation before the end of the year in respect of the property until the performance of the property before an audience or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the third paragraph, and that are paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for the year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property or in any other form or manner, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure of the corporation in respect of the production of the property for a taxation year preceding the year exceeds 300% of the aggregate of all amounts each of which is tax that the corporation is required to pay under Part III.1.0.4 for a taxation year preceding the year in respect of the production of the property;

“qualified performance” of a corporation means a property that is a performance in respect of which the corporation holds, for one of the following periods, a favourable advance ruling given or a certificate issued, as the case may be, by the Société de développement des entreprises culturelles for the purposes of this division:

(a)  the period covering the stage of pre-production of the property through the end of the first full year after the first performance of the property before an audience;

(b)  the period covering the second full year after the first performance of the property before an audience; or

(c)  the period covering the third full year after the first performance of the property before an audience;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “labour expenditure” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of that definition, the salaries or wages directly attributable to the production of a property that is a qualified performance are, where an eligible employee directly undertakes, supervises or supports the production of the property, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the production of the property;

(b)  remuneration, including a salary or wages, does not include remuneration by reference to the profits or revenues derived from the operation of the property, except such remuneration paid to a performing artist, or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  the amount referred to in paragraph a or b of that definition shall be determined by considering, where the salary or wages, or remuneration, as the case may be, relates to the performance of the property before an audience, only the performances that occur in the three years after the first performance of the property before an audience;

(d)  the amount of the labour expenditure of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds either to the salaries or wages described in paragraph a of that definition or to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, that are included in that labour expenditure of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that the corporation has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, the amount of any government assistance and non-government assistance that an eligible individual, another corporation or a partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the other corporation or the partnership, as the case may be, that are referred to in that subparagraph; and

(e)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure for the year in respect of a property is deemed to be nil.

For the purposes of the definitions of “labour expenditure” and “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  the date to which those definitions refer is the date that is 18 months after the end of the corporation’s fiscal period that includes the date on which any of the three periods in respect of which an amount is deemed to have been paid by the corporation under section 1029.8.36.0.0.11 is completed; and

(b)  no expenditure may be taken into consideration in computing a labour expenditure of a corporation for a taxation year in respect of a property that is a qualified performance, or production costs directly attributable to the production of the property incurred before the end of the year, unless the expenditure is paid at the time the corporation first files with the Minister the prescribed form containing the prescribed information provided for in the first paragraph of section 1029.8.36.0.0.11 for that taxation year.

For the purposes of subparagraph i of paragraph b of the definition of “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  the production costs directly attributable to the production of a property that is a qualified performance are the following amounts, but do not include however the costs incurred for the broadcasting or promotion of the property:

i.  the portion of the production costs, other than the production fees and administration costs, to the extent that they are reasonable in the circumstances and included in the production cost, cost or capital cost, as the case may be, of the property to the corporation, and

ii.  the production fees and administration costs, to the extent that they are reasonable in the circumstances;

(b)  the production costs directly attributable to the production of a property that is a qualified performance include the portion of the cost of acquisition of a particular property, owned by the corporation and used by it as part of the production of the property, which corresponds to the portion of the depreciation of the particular property, for a taxation year, determined in accordance with the generally accepted accounting principles, relating to the use of the particular property by the corporation in the year, as part of the production of the property; and

(c)  the amount of a benefit attributable to production costs includes the portion of the proceeds of disposition by a corporation of a particular property used by it as part of the production of a property that is a qualified performance that relates to the portion of the cost of acquisition of the particular property that has already been included in the production costs of the property up to the amount of the portion of the cost of acquisition of the particular property that has already been so included in the production costs of the property.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of a property that is a qualified performance, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.11, in respect of the property,

i.  because of subparagraph d of the second paragraph, a labour expenditure of the corporation in respect of the property,

ii.  because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph, a qualified labour expenditure of the corporation in respect of the property, or

iii.  (subparagraph repealed);

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of paragraph c of the definition of “qualified corporation” in the first paragraph, a corporation whose mission is cultural does not include a corporation whose mandate consists in making investments.

If the amount deemed to have been paid to the Minister by a corporation on account of its tax payable for a taxation year under section 1029.8.36.0.0.11 is determined

(a)  in relation to the portion of a qualified labour expenditure referred to in subparagraph a of the first paragraph of that section, the definition of “qualified labour expenditure” in the first paragraph is to be read as if “300%” was replaced wherever it appears by “342.85%”; and

(b)  in relation to the portion of a qualified labour expenditure referred to in subparagraph a.1 of the first paragraph of that section, the definition of “qualified labour expenditure” in the first paragraph is to be read as if “300%” was replaced wherever it appears by “285.7143%”.

2000, c. 39, s. 147; 2001, c. 51, s. 115; 2002, c. 9, s. 63; 2003, c. 9, s. 208; 2004, c. 21, s. 314; 2005, c. 1, s. 234; 2005, c. 23, s. 159; 2005, c. 38, s. 245; 2006, c. 13, s. 116; 2006, c. 36, s. 130; 2007, c. 12, s. 156; 2010, c. 5, s. 153.

1029.8.36.0.0.11. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the valid favourable advance ruling given or valid certificate issued by the Société de développement des entreprises culturelles in respect of a property that is a qualified performance for any of the periods provided for in the definition of “qualified performance” in the first paragraph of section 1029.8.36.0.0.10 that is in whole or in part within the year, is deemed, subject to the second paragraph, where the application for an advance ruling has been filed or, in the absence of such an application, where the application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  29.1667% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property after 12 June 2003 and to which subparagraph a.1 does not apply, other than an expenditure incurred in respect of the period referred to in paragraph a of the definition of “qualified performance” in the first paragraph of section 1029.8.36.0.0.10 for which an application for an advance ruling or, in the absence of such an application, an application for a certificate has been filed before 1 September 2003 with the Société de développement des entreprises culturelles and to the extent that the Société de développement des entreprises culturelles considers, in the case of an application for an advance ruling, that the pre-production work surrounding the property was sufficiently advanced on 12 June 2003;

(a.1)  35% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property that relates to

i.  a period described in any of paragraphs a to c of the definition of “qualified performance” in the first paragraph of section 1029.8.36.0.0.10 that begins after 19 March 2009, or

ii.  the period described in paragraph a of the definition of “qualified performance” in the first paragraph of section 1029.8.36.0.0.10 that begins before 20 March 2009, if the first performance before an audience, in relation to that period, occurs after 19 March 2009; and

(b)  33 1/3% of the portion of its qualified labour expenditure for the year in respect of the property, relating to a labour expenditure incurred in respect of the property that is not referred to in subparagraph a or a.1.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is a qualified performance shall not exceed the amount by which, where the property is co-produced by the corporation and one or more other qualified corporations, the amount obtained by applying to $300,000 the corporation’s share, expressed as a percentage, of the production costs in relation to the production of the property that is specified in the favourable advance ruling given or the certificate issued, as the case may be, by the Société de développement des entreprises culturelles in respect of the property or, in any other case, $300,000, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under this paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.14 in respect of the property for a preceding taxation year.

Where the amount deemed to have been paid to the Minister by a corporation on account of its tax payable for a taxation year under this section is determined in relation to the portion of a qualified labour expenditure referred to in subparagraph a of the first paragraph, the third paragraph shall be read with “$300,000”, wherever it appears, replaced by “$262,500”.

Despite the third and fourth paragraphs, if any of the periods provided for in the definition of “qualified performance” in the first paragraph of section 1029.8.36.0.0.10 is not completed on 29 June 2006 in respect of a property that is a qualified performance, the third paragraph is to be read as if “$300,000” was replaced wherever it appears by “$750,000”.

2000, c. 39, s. 147; 2001, c. 51, s. 116; 2002, c. 9, s. 64; 2003, c. 9, s. 209; 2004, c. 21, s. 315; 2007, c. 12, s. 157; 2010, c. 5, s. 154.

1029.8.36.0.0.12. Subject to sections 1010 to 1011, for the purposes of section 1029.8.36.0.0.11, where the Société de développement des entreprises culturelles replaces or revokes a favourable advance ruling or a certificate given or issued by it, in respect of a property that is a qualified performance, the following rules apply:

(a)  the replaced favourable advance ruling is null from the time it was given or deemed given, and the new favourable advance ruling is deemed to have been given at that time;

(b)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(c)  a revoked favourable advance ruling or certificate is null from the time the revocation becomes effective.

The favourable advance ruling referred to in subparagraph c of the first paragraph is deemed not to have been given and the revoked certificate referred to in that subparagraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2000, c. 39, s. 147; 2004, c. 21, s. 316.

DIVISION II.6.0.0.5 CREDIT FOR BOOK PUBLISHING

2001, c. 51, s. 117.

1029.8.36.0.0.13. In this division,

“eligible employee” of an individual, a corporation or a partnership, for a taxation year, means, in respect of a property that is an eligible work or an eligible group of works, an individual resident in Québec at any time in the calendar year in which the individual carries out eligible preparation work, eligible printing work or eligible reprinting work relating to the property;

“eligible group of works” for a taxation year means property that is a group of works in respect of which the corporation holds, for the year, a favourable advance ruling given or a certificate issued by the Société de développement des entreprises culturelles for the purposes of this division;

“eligible individual”, for a taxation year, means, in respect of a property that is an eligible work or an eligible group of works, an individual resident in Québec at any time in the calendar year in which the individual carries out eligible preparation work, eligible printing work or eligible reprinting work relating to the property;

“eligible preparation work” in relation to a property that is an eligible work or an eligible group of works means the work to carry out the various stages related to publishing the property, from the initial stage to the stage preceding the production in print form of the eligible work or works that are part of the eligible group of works, including editing, design, research, art work, mock-up production, layout, typesetting and pre-press work;

“eligible printing work” in relation to a property that is an eligible work or an eligible group of works means the work to carry out the various stages related to printing the property, which include the first printing of the eligible work or works that are part of the eligible group of works, first assembly and first binding;

“eligible reprinting work” in relation to an eligible work or a work that is part of an eligible group of works means the work to carry out the various stages related to reprinting the work;

“eligible work” for a taxation year means property that is a work published by a corporation, in respect of which the corporation holds, for the year, a favourable advance ruling or a certificate given or issued, as the case may be, by the Société de développement des entreprises culturelles for the purposes of this division;

“excluded corporation” for a taxation year means a corporation that is

(a)  at any time in the year or in the 24 months preceding the year, controlled, directly or indirectly in any manner whatever, by one or more persons not resident in Québec;

(a.1)  a corporation that would be, at any time in the year or during the 24 months preceding the year, controlled by a particular person, if each share of the capital stock of the corporation owned by a person not resident in Québec were owned by the particular person;

(b)  exempt from tax for the year under Book VIII; or

(c)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

“labour expenditure attributable to preparation costs” of a corporation for a taxation year, in respect of property that is an eligible work or an eligible group of works, means, subject to the fourth and fifth paragraphs, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the preparation of the property that are incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, to the extent that they relate to services rendered in Québec for eligible preparation work relating to the property before the date on which the first printing of the eligible work or the last work that is part of the eligible group of works is completed or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the fourth paragraph, and that are paid by the corporation to its eligible employees;

(b)  the non-refundable advances directly attributable to the preparation of the property that are incurred by the corporation in the year pursuant to a contract entered into in respect of the eligible work or a work that is part of the eligible group of works, and that are paid by the corporation to a Québec author or a holder of the rights of a Québec author, except such advances paid to a holder of the rights of a Québec author for the acquisition of rights on the existing material;

(c)  the portion of the remuneration, other than a salary or wages or a non-repayable advance, that is incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate for services rendered in Québec to the corporation for eligible preparation work relating to the property pursuant to a contract entered into in respect of the eligible work or a work that is part of the eligible group of works, and that is paid by the corporation,

i.  to an eligible individual who carries on a business in Québec, has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, to the extent that that portion of remuneration is reasonably attributable to services personally rendered in Québec by the eligible individual in connection with the preparation of the eligible work or a work that is part of the eligible group of works, or to the wages of the individual’s eligible employees that relate to services rendered in Québec by the individual’s eligible employees in connection with the preparation of the work,

ii.  to a particular corporation that has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, other than a particular corporation referred to in subparagraph iii, to the extent that that portion of remuneration is reasonably attributable to the wages paid to the particular corporation’s eligible employees that relate to services rendered in Québec by the particular corporation’s eligible employees in connection with the preparation of the eligible work or a work that is part of the eligible group of works,

iii.  to a particular corporation that has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, all the issued capital stock of which, other than directors’ qualifying shares, belongs to an eligible individual, and whose activities consist principally in providing the eligible individual’s services, to the extent that that portion of remuneration is reasonably attributable to services rendered in Québec by the eligible individual in connection with the preparation of the eligible work or a work that is part of the eligible group of works, or

iv.  to a partnership that carries on a business in Québec, has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, to the extent that that portion of remuneration is reasonably attributable to services rendered in Québec in connection with the preparation of the eligible work or a work that is part of the eligible group of works, by an eligible individual who is a member of the partnership, or to the wages paid to the partnership’s eligible employees that relate to services rendered in Québec by the partnership’s eligible employees in connection with the preparation of the work; and

(d)  half of the consideration, other than a salary or wages or a non-repayable advance, that is incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, half of the portion of the consideration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate pursuant to a contract entered into in respect of the eligible work or a work that is part of the eligible group of works, and that is paid by the corporation, for services rendered in Québec to the corporation for eligible preparation work by an eligible individual or by a corporation or partnership having an establishment in Québec, other than an employee of the corporation, with which the corporation is dealing at arm’s length at the time the contract is entered into;

“labour expenditure attributable to printing and reprinting costs” of a corporation for a taxation year, in respect of property that is an eligible work or an eligible group of works, means, subject to the third and fourth paragraphs, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages directly attributable to the printing of the property that are incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, to the extent that they relate to services rendered in Québec for eligible printing work relating to the property before the date on which the first printing of the eligible work or the last work that is part of the eligible group of works is completed or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the fourth paragraph, and that are paid by the corporation to its eligible employees;

(a.1)  the salaries or wages directly attributable to the reprinting of the eligible work or of a work that is part of the eligible group of works that are incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the salaries or wages that are incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate, to the extent that they are incurred within the time specified in subparagraph i of subparagraph c of the fourth paragraph and relate to services rendered in Québec for eligible reprinting work referred to in subparagraph ii of that subparagraph c in relation to the work, and that are paid by the corporation to its eligible employees;

(b)  the portion of the remuneration, other than a salary or wages or a non-repayable advance, that is incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, the portion of the remuneration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate for services rendered in Québec to the corporation for eligible printing work or eligible reprinting work relating to the property pursuant to a contract entered into in respect of the eligible work or a work that is part of the eligible group of works, and that is paid by the corporation,

i.  to an eligible individual who carries on a business in Québec, has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, to the extent that that portion of remuneration is reasonably attributable to services personally rendered in Québec by the eligible individual as part of the printing or reprinting of the eligible work or a work that is part of the eligible group of works, or to the wages of the individual’s eligible employees that relate to services rendered in Québec by the individual’s eligible employees as part of the printing or reprinting of the work,

ii.  to a particular corporation that has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, other than a particular corporation referred to in subparagraph iii, to the extent that that portion of remuneration is reasonably attributable to the wages paid to the particular corporation’s eligible employees that relate to services rendered in Québec by the particular corporation’s eligible employees as part of the printing or reprinting of the eligible work or a work that is part of the eligible group of works,

iii.  to a particular corporation that has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, all the issued capital stock of which, other than directors’ qualifying shares, belongs to an eligible individual, and whose activities consist principally in providing the eligible individual’s services, to the extent that that portion of remuneration is reasonably attributable to services rendered in Québec by the eligible individual as part of the printing or reprinting of the eligible work or a work that is part of the eligible group of works, or

iv.  to a partnership that carries on a business in Québec, has an establishment in Québec and is not dealing at arm’s length with the corporation at the time the contract is entered into, to the extent that that portion of remuneration is reasonably attributable to services rendered in Québec as part of the printing or reprinting of the eligible work or a work that is part of the eligible group of works, by an eligible individual who is a member of the partnership, or to the wages paid to the partnership’s eligible employees that relate to services rendered in Québec by the partnership’s eligible employees as part of the printing or reprinting of the work; and

(c)  one-third of the consideration, other than a salary or wages or a non-repayable advance, that is incurred by the corporation in the year and, if the year is the taxation year in which the corporation files an application for an advance ruling or, in the absence of such an application, an application for a certificate in respect of the property with the Société de développement des entreprises culturelles, one-third of the portion of the consideration that is incurred by the corporation in a year preceding the year in which the corporation filed the application for an advance ruling or a certificate pursuant to a contract entered into in respect of the eligible work or a work that is part of the eligible group of works, and that is paid by the corporation, for services rendered in Québec to the corporation for eligible printing work or eligible reprinting work by an eligible individual or by a corporation or partnership having an establishment in Québec, other than an employee of the corporation, with which the corporation is dealing at arm’s length at the time the contract is entered into;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation, that, in the year, has an establishment in Québec and carries on a book publishing business, that is a qualified business, and that, for the year, is a publishing house recognized by the Société de développement des entreprises culturelles;

“qualified labour expenditure attributable to preparation costs” of a corporation for a taxation year, in respect of property that is an eligible work or an eligible group of works, means, subject to the fourth paragraph, the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure attributable to the preparation costs of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in subparagraph c of the fifth paragraph in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to in subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.18 in relation to the preparation of the property, up to 250% of the tax under Part III.1.0.5 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i, in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure attributable to the preparation costs of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified labour expenditure attributable to the preparation costs of the corporation in respect of the property for a taxation year preceding the year, exceeds 250% of the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1.0.5 for a year preceding the year, by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.18, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance or non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, in relation to a labour expenditure attributable to the preparation costs of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph i of subparagraph c of the fifth paragraph, reduced that labour expenditure attributable to preparation costs for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, on or before the corporation’s filing-due date for the year, in connection with a labour expenditure attributable to the preparation costs of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph ii of subparagraph c of the fifth paragraph, reduced that labour expenditure attributable to preparation costs for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that an eligible individual, a particular corporation or a partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the particular corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph c of the definition of “labour expenditure attributable to preparation costs”, to the extent that the amount has not, under subparagraph iii of subparagraph c of the fifth paragraph, reduced the labour expenditure attributable to preparation costs of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  50% of the amount by which the preparation costs directly attributable to the preparation of the property that the corporation incurred before the end of the year in respect of the property to the extent that they relate to services rendered before the date on which the first printing of the eligible work or the last work that is part of the eligible group of works is completed or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the fourth paragraph, and that are paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, on or before the corporation’s filing-due date for the year, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure attributable to the preparation costs of the corporation in respect of the preparation of the property for a taxation year preceding the year exceeds 250% of the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1.0.5, in respect of the preparation of the property, for a taxation year preceding the year;

“qualified labour expenditure attributable to printing and reprinting costs” of a corporation for a taxation year, in respect of property that is an eligible work or an eligible group of works, means, subject to the fourth paragraph, the lesser of

(a)  the amount by which

i.  the aggregate of

(1)  the labour expenditure attributable to the printing and reprinting costs of the corporation for the year in respect of the property,

(2)  any repayment made in the year by the corporation, another person or a partnership, as the case may be, pursuant to a legal obligation, of any assistance that was received by the corporation, the other person or the partnership and that is referred to, in relation to the property, in subparagraph ii or in subparagraph c of the third paragraph in respect of a taxation year for which the corporation is a qualified corporation, or of any other assistance that was received by the corporation, the other person or the partnership and that is referred to in subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.18 in relation to the printing and reprinting of the property, up to 3331/3% of the tax under Part III.1.0.5 that the corporation is required to pay in a taxation year preceding the year because of that subparagraph i, in relation to that assistance, and

(3)  the amount by which the aggregate of all amounts each of which is, for a taxation year preceding the year and in respect of the property, the labour expenditure attributable to the printing and reprinting costs of the corporation or an amount determined under subparagraph 2, exceeds the amount by which the aggregate of all amounts each of which is the qualified labour expenditure attributable to the printing and reprinting costs of the corporation in respect of the property for a taxation year preceding the year, exceeds 3331/3% of the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1.0.5 for a year preceding the year, by reason of subparagraph i of subparagraph b of the first paragraph of section 1129.4.0.18, in relation to assistance referred to in subparagraph ii, exceeds

ii.  the aggregate of

(1)  the amount of any government assistance or non-government assistance that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, in relation to a labour expenditure attributable to the printing and reprinting costs of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph i of subparagraph c of the third paragraph, reduced that labour expenditure attributable to printing and reprinting costs for that preceding year,

(2)  the amount of any benefit or advantage that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, on or before the corporation’s filing-due date for the year, in connection with a labour expenditure attributable to the printing and reprinting costs of the corporation for a taxation year preceding the year in respect of the property, to the extent that the amount has not, under subparagraph ii of subparagraph c of the third paragraph, reduced that labour expenditure attributable to printing and reprinting costs for that preceding year, and

(3)  the amount of any government assistance and non-government assistance that an eligible individual, a particular corporation or a partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, that, for a taxation year preceding the year in respect of the property, is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the particular corporation or the partnership, as the case may be, that are referred to in any of subparagraphs i to iv of paragraph b of the definition of “labour expenditure attributable to printing and reprinting costs”, to the extent that the amount has not, under subparagraph iii of subparagraph c of the third paragraph, reduced the labour expenditure attributable to printing and reprinting costs of the corporation for that preceding year in respect of the property; and

(b)  the amount by which

i.  331/3% of the amount by which the aggregate of the printing costs directly attributable to the printing of the property that the corporation incurred before the end of the year in respect of the property to the extent that they relate to services rendered before the date on which the first printing of the eligible work or of the last work that is part of the eligible group of works is completed or within a period that is reasonable to the Minister but that must not extend beyond the date provided for in subparagraph a of the fourth paragraph and the reprinting costs directly attributable to the reprinting of the eligible work or of a work that is part of the eligible group of works that the corporation incurred before the end of the year and within the time specified in subparagraph i of subparagraph c of the fourth paragraph to the extent that they relate to eligible reprinting work referred to in subparagraph ii of that subparagraph c in relation to the work, and that are paid by the corporation, exceeds the aggregate of

(1)  the amount of any government assistance and non-government assistance attributable to those costs that the corporation or a person or partnership with whom or with which the corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year, and that the corporation, person or partnership, as the case may be, has not repaid at that time pursuant to a legal obligation, and

(2)  the amount of any benefit or advantage attributable to those costs that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, on or before the corporation’s filing-due date for the year, exceeds

ii.  the amount by which the aggregate of all amounts each of which is the qualified labour expenditure attributable to the printing and reprinting costs of the corporation in respect of the printing and reprinting of the property for a taxation year preceding the year exceeds 3331/3% of the aggregate of all amounts each of which is a tax that the corporation is required to pay under Part III.1.0.5, in respect of the printing and reprinting of the property, for a taxation year preceding the year;

“Québec author” means an individual who is an author or an individual who is the editor of an eligible work or a work that is part of an eligible group of works written by a team of contributors, and who was resident in Québec at the end of the calendar year preceding the calendar year in which the publishing work began, or was resident in Québec for at least five consecutive years prior to the beginning of the publishing work;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of this section, the initial stage of publishing, in relation to an eligible work or an eligible group of works, means

(a)  if a publishing contract is entered into between a qualified corporation and the author or one of the authors of the eligible work or a work that is part of the eligible group of works,

i.  in the case of an eligible work, the time at which the qualified corporation enters into such a publishing contract with the author or one of the authors of the work, and

ii.  in the case of an eligible group of works, the time at which the qualified corporation enters into a first publishing contract with the author or one of the authors of a work of the group; and

(b)  in any other case, the date on which the qualified corporation files an application with the Société de développement des entreprises culturelles for an advance ruling in respect of the eligible work or the eligible group of works.

For the purposes of the definition of “labour expenditure attributable to printing and reprinting costs” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of the definition, the salaries or wages directly attributable to the printing of a property that is an eligible work or an eligible group of works are, where an employee directly undertakes, supervises or supports the printing of the property, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the printing of the property;

(a.1)  for the purposes of paragraph a.1 of the definition, the salaries or wages directly attributable to the reprinting of an eligible work or of a work that is part of an eligible group of works are, where an employee directly undertakes, supervises or supports the reprinting of the work, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the reprinting of the work;

(b)  remuneration, including a salary or wages, does not include remuneration determined by reference to the profits or revenues derived from the operation of a property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  the amount of the labour expenditure attributable to printing and reprinting costs of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds to the salaries or wages described in paragraph a or a.1 of that definition, to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition or to the consideration or the portion of the consideration described in paragraph c of that definition, that are included in that labour expenditure attributable to printing and reprinting costs of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph b of that definition, the amount of any government assistance and non-government assistance that an eligible individual, a particular corporation or a partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the particular corporation or the partnership, as the case may be, that are referred to in that subparagraph;

(d)  (subparagraph repealed);

(e)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure attributable to printing and reprinting costs for the year in respect of a property is deemed to be null.

For the purposes of the definitions of “labour expenditure attributable to preparation costs”, “labour expenditure attributable to printing and reprinting costs”, “qualified labour expenditure attributable to preparation costs” and “qualified labour expenditure attributable to printing and reprinting costs” in the first paragraph, the following rules apply:

(a)  the date to which those definitions refer is the date that is 18 months after the end of the corporation’s fiscal period that includes the date on which the first printing of the eligible work or the last work that is part of the eligible group of works is completed;

(b)  no expenditure may be taken into consideration in computing a labour expenditure attributable to printing and reprinting costs or to preparation costs of a corporation for a taxation year in respect of a property that is an eligible work or an eligible group of works, or printing and reprinting costs or preparation costs directly attributable to the printing and reprinting or preparation of the property incurred before the end of the year, unless the expenditure is paid at the time the corporation first files with the Minister the prescribed form containing prescribed information provided for in the first paragraph of section 1029.8.36.0.0.14 for that taxation year; and

(c)  no expenditure that relates to eligible reprinting work in relation to an eligible work or a work that is part of an eligible group of works may be taken into consideration in computing a labour expenditure attributable to printing and reprinting costs for a taxation year in respect of the eligible work or the eligible group of works, or printing and reprinting costs directly attributable to the printing and reprinting of the eligible work or the eligible group of works incurred before the end of the year, unless

i.  the expenditure is incurred, in respect of the eligible work or of the work that is part of the eligible group of works, on or before the day that is 36 months after the day on which the first printing of the work is completed, and

ii.  the Société de développement des entreprises culturelles notifies the Minister that the eligible reprinting work relating to the work began after 22 June 2009.

For the purposes of the definition of “labour expenditure attributable to preparation costs” in the first paragraph, the following rules apply:

(a)  for the purposes of paragraph a of the definition, the salaries or wages directly attributable to the preparation of a property that is an eligible work or an eligible group of works are, where an employee directly undertakes, supervises or supports the preparation of the property, the portion of the salaries or wages paid to or on behalf of the employee that may reasonably be considered to relate to the preparation of the property;

(b)  remuneration, including a salary or wages, does not include remuneration determined by reference to the profits or revenues derived from the operation of a property or an expenditure as remuneration that is, or may reasonably be considered to be, incurred by a corporation, as a mandatary, on behalf of another person;

(c)  the amount of the labour expenditure attributable to preparation costs of a corporation for a taxation year in respect of a property is to be reduced, where applicable, by the aggregate of all amounts each of which is the lesser of the particular amount that corresponds to the salaries or wages described in paragraph a of that definition, to the advances described in paragraph b of that definition, to the portion of the remuneration described in any of subparagraphs i to iv of paragraph c of that definition or to the consideration or the portion of the consideration described in paragraph d of that definition, that are included in that labour expenditure attributable to preparation costs of the corporation for the year, and the aggregate of

i.  the amount of any government assistance and non-government assistance attributable to the particular amount that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year,

ii.  the amount of any benefit or advantage attributable to the particular amount that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, and

iii.  if the particular amount corresponds to the portion of the remuneration described in any of subparagraphs i to iv of paragraph c of that definition, the amount of any government assistance and non-government assistance that an eligible individual, a particular corporation or a partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, that is attributable to services rendered by an eligible individual or to the wages of the eligible employees of the eligible individual, the particular corporation or the partnership, as the case may be, that are referred to in that subparagraph;

(d)  (subparagraph repealed);

(e)  where, for a taxation year, a corporation is not a qualified corporation, its labour expenditure attributable to preparation costs for the year in respect of a property is deemed to be null.

For the purposes of this division, the printing and reprinting costs directly attributable to the printing and reprinting of a property that is an eligible work or an eligible group of works incurred by a corporation before the end of a taxation year are

(a)  the printing costs, other than publishing fees and administration costs, incurred by the corporation for the first printing of the eligible work or of works that are part of the eligible group of works, the first assembly and the first binding;

(a.1)  the reprinting costs, other than publishing fees and administration costs, incurred by the corporation as part of the reprinting of the eligible work or of a work that is part of the eligible group of works; and

(b)   the portion of the cost of acquisition of a particular property, owned by the corporation and used by it as part of the printing or reprinting of the property, that is the portion of the depreciation of that particular property, for the year, determined in accordance with the generally accepted accounting principles, relating to the use of that particular property by the corporation in the year, as part of the printing or reprinting of the property.

For the purposes of this division, the preparation costs directly attributable to the preparation of a property that is an eligible work or an eligible group of works incurred by a corporation before the end of a taxation year are

(a)  the preparation costs, other than publishing fees and administration costs, including non-refundable advances paid to the author or authors, editing, design, research, art work, mock-up production, layout, typesetting and pre-press costs;

(b)  the publishing fees and administration costs pertaining to the property that are reasonable in the circumstances; and

(c)  the portion of the cost of acquisition of a particular property, owned by the corporation and used by it as part of the preparation of the property, that is the portion of the depreciation of that particular property, for the year, determined in accordance with the generally accepted accounting principles, relating to the use of that particular property by the corporation in the year, as part of the preparation of the property.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified labour expenditure attributable to printing and reprinting costs” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of a property that is an eligible work or an eligible group of works, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.14, in respect of the property,

i.  because of subparagraph c of the third paragraph, a labour expenditure attributable to the printing and reprinting costs of the corporation in respect of the property,

ii.  because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure attributable to printing and reprinting costs” in the first paragraph, a qualified labour expenditure attributable to the printing and reprinting costs of the corporation in respect of the property, or

iii.  (subparagraph repealed);

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of subparagraph 2 of subparagraph i of paragraph a of the definition of “qualified labour expenditure attributable to preparation costs” in the first paragraph, an amount of assistance received by a corporation, another person or a partnership, as the case may be, is deemed, in respect of a property that is an eligible work or an eligible group of works, to be repaid by the corporation, the other person or the partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, for the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.0.14, in respect of the property,

i.  because of subparagraph c of the fifth paragraph, a labour expenditure attributable to the preparation costs of the corporation in respect of the property,

ii.  because of subparagraph ii of paragraph a of the definition of “qualified labour expenditure attributable to preparation costs” in the first paragraph, a qualified labour expenditure attributable to the preparation costs of the corporation in respect of the property, or

iii.  (subparagraph repealed);

(b)  was not received by the corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the corporation, the other person or the partnership may reasonably expect to receive.

For the purposes of the definitions of “qualified labour expenditure attributable to printing and reprinting costs” and “qualified labour expenditure attributable to preparation costs” in the first paragraph, the following rules apply:

(a)  in relation to a property referred to in subparagraph a of the first paragraph of section 1029.8.36.0.0.14, the definition of “qualified labour expenditure attributable to printing and reprinting costs” is to be read, in respect of the property, as if “3331/3%” was replaced wherever it appears by “380.95%” and the definition of “qualified labour expenditure attributable to preparation costs” is to be read, in respect of the property, as if “250%” was replaced wherever it appears by “285.7143%”; and

(b)  in relation to a property referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.0.0.14, the definition of “qualified labour expenditure attributable to printing and reprinting costs” is to be read, in respect of the property, as if “3331/3%” was replaced wherever it appears by “370.37%” and the definition of “qualified labour expenditure attributable to preparation costs” is to be read, in respect of the property, as if “250%” was replaced wherever it appears by “285.7143%”.

2001, c. 51, s. 117; 2002, c. 9, s. 65; 2003, c. 9, s. 210; 2004, c. 21, s. 317; 2005, c. 23, s. 160; 2005, c. 38, s. 246; 2006, c. 13, s. 117; 2006, c. 36, s. 131; 2007, c. 12, s. 158; 2010, c. 5, s. 155; 2010, c. 25, s. 133.

1029.8.36.0.0.14. A corporation that encloses with the fiscal return it is required to file for a taxation year under section 1000 the prescribed form containing the prescribed information and a copy of the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles, that has not been revoked, in respect of a property that is an eligible work or an eligible group of works, is deemed, subject to the second paragraph, if the application for an advance ruling has been filed or, in the absence of such an application, an application for a certificate has been filed in respect of the property with the Société de développement des entreprises culturelles before the end of the year, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for that year under this Part, an amount equal to

(a)  in the case of a property for which an application for an advance ruling is filed or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 31 August 2003 and to which subparagraph a.1 does not apply or for which, despite the filing of an application for an advance ruling with the Société de développement des entreprises culturelles before 1 September 2003, the Société de développement des entreprises culturelles considers that the work surrounding the property was not sufficiently advanced on 12 June 2003, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 26.25% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property;

(a.1)  in the case of a property for which an application for an advance ruling or, in the absence of such an application, an application for a certificate is filed with the Société de développement des entreprises culturelles after 19 March 2009, the aggregate of

i.  an amount equal to 35% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 27% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property; and

(b)  in any other case, the aggregate of

i.  an amount equal to 40% of its qualified labour expenditure attributable to preparation costs for the year in respect of that property, and

ii.  an amount equal to 30% of its qualified labour expenditure attributable to printing and reprinting costs for the year in respect of that property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The amount that a corporation is deemed to have paid to the Minister, under the first paragraph, on account of its tax payable for a taxation year under this Part in respect of a property that is an eligible work or an eligible group of works must not exceed the amount by which, if the property is coedited by the corporation and one or more other eligible corporations, the amount obtained by applying to the amount determined under the fourth paragraph the corporation’s share, expressed as a percentage, of the publishing costs in relation to the preparation and printing of the property that is specified in the favourable advance ruling given or certificate issued by the Société de développement des entreprises culturelles in respect of the property or, in any other case, the amount determined under the fourth paragraph, exceeds the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that paragraph in respect of the property for a preceding taxation year exceeds the aggregate of all amounts each of which is an amount that the corporation is required to pay under section 1129.4.0.18 in respect of the property for a preceding taxation year.

The amount to which the third paragraph refers is equal to,

(a)  in the case of an eligible work, $500,000; and

(b)  in the case of an eligible group of works, the amount obtained by multiplying $500,000 by the number of works that form that group.

In the case of a property referred to in subparagraph a or a.1 of the first paragraph, the fourth paragraph shall be read, in respect of that property, with “$500,000”, wherever it appears, replaced by “$437,500”.

2001, c. 51, s. 117; 2002, c. 9, s. 66; 2003, c. 9, s. 211; 2004, c. 21, s. 318; 2005, c. 23, s. 161; 2007, c. 12, s. 159; 2010, c. 5, s. 156; 2010, c. 25, s. 134.

1029.8.36.0.0.15. Subject to sections 1010 to 1011, for the purposes of section 1029.8.36.0.0.14, where the Société de développement des entreprises culturelles replaces a favourable advance ruling or a certificate given or issued by it, as the case may be, in respect of a property that is an eligible work or an eligible group of works, the following rules apply:

(a)  the replaced favourable advance ruling is null from the time it was given or deemed given, and the new favourable advance ruling is deemed to have been given at that time; and

(b)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time.

2001, c. 51, s. 117; 2004, c. 21, s. 319; 2005, c. 23, s. 162.

DIVISION II.6.0.0.6

Repealed, 2010, c. 25, s. 135.

2002, c. 40, s. 137; 2010, c. 25, s. 135.

§ 1 . —

Repealed, 2010, c. 25, s. 135.

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.16. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.17. (Repealed).

2002, c. 40, s. 137; 2005, c. 23, s. 163; 2010, c. 25, s. 135.

1029.8.36.0.0.18. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

§ 2 . —

Repealed, 2010, c. 25, s. 135.

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.19. (Repealed).

2002, c. 40, s. 137; 2003, c. 9, s. 212; 2010, c. 25, s. 135.

1029.8.36.0.0.20. (Repealed).

2002, c. 40, s. 137; 2003, c. 9, s. 213; 2010, c. 25, s. 135.

1029.8.36.0.0.21. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.22. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.23. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

§ 3 . —

Repealed, 2010, c. 25, s. 135.

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.24. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.25. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.26. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.27. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.28. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.29. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.30. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.31. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

1029.8.36.0.0.32. (Repealed).

2002, c. 40, s. 137; 2010, c. 25, s. 135.

DIVISION II.6.0.1

Repealed, 2007, c. 12, s. 160.

1997, c. 14, s. 221; 1999, c. 83, s. 195; 2007, c. 12, s. 160.

1029.8.36.0.1. (Repealed).

1997, c. 14, s. 221; 1997, c. 31, s. 143; 1999, c. 83, s. 196; 2000, c. 39, s. 148; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2007, c. 12, s. 160.

1029.8.36.0.2. (Repealed).

1997, c. 14, s. 221; 1997, c. 31, s. 143; 1999, c. 83, s. 197; 2000, c. 39, s. 149; 2007, c. 12, s. 160.

1029.8.36.0.3. (Repealed).

1997, c. 14, s. 221; 2007, c. 12, s. 160.

1029.8.36.0.3.1. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 118; 2007, c. 12, s. 160.

1029.8.36.0.3.2. (Repealed).

1999, c. 83, s. 198; 2007, c. 12, s. 160.

DIVISION II.6.0.1.1

Repealed, 2007, c. 12, s. 160.

1999, PL n° 3, s. 193; 2007, c. 12, s. 160.

1029.8.36.0.3.3. (Repealed).

1999, c. 83, s. 198; 2000, c. 5, s. 258; 2000, c. 39, s. 150; 2001, c. 7, s. 146; 2001, c. 51, s. 119; 2001, c. 69, s. 12; 2005, c. 1, s. 235; 2007, c. 12, s. 160.

1029.8.36.0.3.4. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 120; 2001, c. 69, s. 12; 2007, c. 12, s. 160.

1029.8.36.0.3.5. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 121; 2001, c. 69, s. 12; 2007, c. 12, s. 160.

1029.8.36.0.3.6. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 122; 2007, c. 12, s. 160.

1029.8.36.0.3.7. (Repealed).

1999, c. 83, s. 198; 2007, c. 12, s. 160.

DIVISION II.6.0.1.2 CREDIT FOR MULTIMEDIA TITLES (GENERAL)

1999, c. 83, s. 198.

1029.8.36.0.3.8. In this division,

“eligible employee” for a taxation year means an employee in respect of whom a qualification certificate is issued for the year by Investissement Québec, certifying that the employee is an eligible employee for the purposes of this division;

“eligible production work”, for a taxation year, relating to a property that is a multimedia title means the work specified in the qualification certificate issued for the year to a corporation in respect of an eligible employee or of a person or partnership that has carried out all or part of that work as part of a contract;

“multimedia title” of a corporation, for a taxation year, means an organized set of numerical information in respect of which a qualification certificate is issued to the corporation for the year by Investissement Québec for the purposes of this division;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec, carries on therein a qualified business and holds a qualification certificate issued for the year by Investissement Québec in respect of property that is a multimedia title for the purposes of this division, but does not include

(a)  a corporation that holds, for the year, a qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.19;

(b)  a corporation that is exempt from tax for the year under Book VIII; or

(c)  a corporation that would be exempt from tax for the year under section 985 but for section 192;

(d)  (paragraph repealed);

“qualified labour expenditure” of a corporation for a taxation year in respect of a property that is a multimedia title means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages attributable to the property that are incurred and paid by the corporation, in respect of its eligible employees of an establishment situated in Québec, for eligible production work relating to the property carried out in the year;

(b)  the aggregate of all amounts each of which is the portion of the consideration paid by the corporation, under the terms of a contract, for eligible production work relating to the property that was carried out on its behalf in the year to a person or partnership who or which carried out all or a part of the eligible production work and with whom or with which the corporation is not dealing at arm’s length at the time the contract is entered into, that may reasonably be attributed to the salaries or wages attributable to the property that the person or partnership incurred and paid in respect of the person’s or partnership’s eligible employees of an establishment situated in Québec, or that could be so attributed if that person or partnership had such employees; and

(c)  the aggregate of all amounts each of which is one-half of the portion of the consideration paid by the corporation, under the terms of a contract, for eligible production work relating to the property, to a person or partnership with whom or with which the corporation is dealing at arm’s length at the time the contract is entered into, that may reasonably be attributed to the eligible production work carried out on the person’s or partnership’s behalf in the year by the employees of an establishment of that person or partnership situated in Québec, or that could be so attributed if that person or partnership had such employees;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “qualified labour expenditure” in the first paragraph, the following rules apply:

(a)  (subparagraph repealed);

(b)  the consideration referred to in paragraphs b and c of that definition does not include an amount paid by a corporation to another corporation, to the extent that the amount may reasonably be attributed to eligible production work in respect of a property that was carried out in a taxation year of that other corporation for which that other corporation holds a valid qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.19 issued to it by Investissement Québec for that year; and

(c)  (subparagraph repealed);

(d)  a salary, wages or a consideration does not include remuneration based on the profits or revenues derived from the operation of a property.

For the purposes of subparagraph d of the second paragraph, remuneration based on the profits and revenues derived from the operation of a property that is a multimedia title does not include remuneration that

(a)  is determined in particular on the basis of the type of use projected for the property; and

(b)  may not be reimbursed if the property is not used as first anticipated.

1999, c. 83, s. 198; 2000, c. 5, s. 259; 2000, c. 39, s. 151; 2001, c. 7, s. 147; 2001, c. 51, s. 123; 2001, c. 69, s. 12; 2004, c. 21, s. 320; 2005, c. 1, s. 236; 2005, c. 38, s. 247; 2006, c. 13, s. 118; 2007, c. 12, s. 161.

1029.8.36.0.3.9. A corporation that, for a taxation year, is a qualified corporation and encloses with the fiscal return it is required to file for the year under section 1000 the documents described in the fourth paragraph, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount obtained by applying the appropriate percentage, determined in the third paragraph in relation to a property that is a multimedia title for the year, to the corporation’s qualified labour expenditure for the year in respect of the property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The percentage to which the first paragraph refers in relation to a property that is a multimedia title for a taxation year is one of the following percentages:

(a)  50%, in the case where Investissement Québec certifies that the property is to be commercialized for the general public and is available in a French version;

(b)  40%, in the case where Investissement Québec certifies that the property is to be commercialized for the general public and is not available in a French version;

(b.1)  37.5%, in the case where Investissement Québec certifies that the property is produced without having been ordered, is to be commercialized and is available in a French version;

(b.2)  30%, in the case where Investissement Québec certifies that the property is produced without having been ordered, is to be commercialized and is not available in a French version; and

(c)  26.25%, in any other case.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the corporation for the year by Investissement Québec, for the purposes of this division, in respect of a property that is a multimedia title and in respect of an eligible employee or of a person or partnership that, as part of a contract, carried out all or part of the production work in respect of the property.

1999, c. 83, s. 198; 2001, c. 51, s. 124; 2001, c. 69, s. 12; 2003, c. 9, s. 214; 2004, c. 21, s. 321; 2005, c. 38, s. 248; 2007, c. 12, s. 162.

1029.8.36.0.3.10. Subject to sections 1010 to 1011 and for the purposes of section 1029.8.36.0.3.9, if Investissement Québec replaces or revokes a qualification certificate issued to a corporation for a taxation year, the following rules apply:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  (subparagraph repealed);

(c.1)  the replaced qualification certificate is null from the time it was issued or deemed issued and the new qualification certificate is deemed to have been issued at that time for that taxation year; and

(d)  the revoked qualification certificate is null from the time the revocation becomes effective.

The revoked qualification certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1999, c. 83, s. 198; 2001, c. 51, s. 125; 2001, c. 69, s. 12; 2004, c. 21, s. 322; 2005, c. 38, s. 249; 2007, c. 12, s. 163.

1029.8.36.0.3.10.1. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.3.9, the following rules apply:

(a)  the amount of the salaries or wages incurred or of a portion of the consideration paid, included in the qualified labour expenditure of the corporation for the year, in respect of a property that is a multimedia title, is to be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to the salaries or wages or to the portion of the consideration, as the case may be, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year; and

(b)  the amount of a portion of the consideration paid that is referred to in paragraph b of the definition of “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.3.8 and included in the qualified labour expenditure referred to in paragraph a, is to be reduced, where applicable, by the amount of any government assistance or non-government assistance that is attributable to the salaries or wages incurred and paid in respect of the eligible employees of an establishment of a person or partnership situated in Québec that are referred to in that paragraph b, or that would be so attributable if the person or partnership had such employees, and that the person or partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

2006, c. 13, s. 119; 2007, c. 12, s. 164.

1029.8.36.0.3.11. If, in a taxation year, in this section referred to as the “repayment year”, a person or partnership pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that the person or partnership received and that reduced, in accordance with section 1029.8.36.0.3.10.1, the qualified labour expenditure of a corporation, for a particular taxation year, in respect of a property that is a multimedia title for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.0.3.9, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for that particular year under section 1029.8.36.0.3.9, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.0.3.10.1, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.9 for that particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

1999, c. 83, s. 198; 2001, c. 7, s. 169; 2002, c. 40, s. 138; 2006, c. 13, s. 120; 2007, c. 12, s. 165.

1029.8.36.0.3.12. For the purposes of section 1029.8.36.0.3.11, an amount of assistance received by a person or partnership is deemed, in respect of a property that is a multimedia title, to be repaid by the person or partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.0.3.10.1, a qualified labour expenditure of a qualified corporation for the purpose of computing the amount it is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.3.9;

(b)  was not received by the person or partnership; and

(c)  ceased in the taxation year to be an amount that the person or partnership may reasonably expect to receive.

1999, c. 83, s. 198; 2001, c. 7, s. 169; 2006, c. 13, s. 121; 2007, c. 12, s. 166.

1029.8.36.0.3.13. If, in respect of eligible production work in relation to a property that is a multimedia title, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the carrying out of the eligible production work, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, or a person or partnership is deemed to have obtained or to be entitled to obtain such a benefit or advantage on a determination of the Minister to that effect, the amount of the salaries or wages incurred or of a portion of a consideration paid, included in the qualified labour expenditure of a qualified corporation, for a taxation year, in respect of the property, is, for the purpose of computing the amount that is deemed to have been paid to the Minister for the year by the corporation under section 1029.8.36.0.3.9, to be reduced, where applicable, by the amount of the benefit or advantage attributable to the salaries or wages or to the portion of a consideration, as the case may be, that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, or is deemed to have obtained or to be entitled to obtain, on or before the corporation’s filing-due date for that year.

1999, c. 83, s. 198; 2006, c. 13, s. 122; 2006, c. 36, s. 132; 2007, c. 12, s. 167.

1029.8.36.0.3.14. Notwithstanding section 1029.8.36.0.3.9, where a corporation, under the terms of a contract, causes eligible production work to be carried out on its behalf in relation to a property that is a multimedia title, and the consideration payable or paid by the corporation for such work does not consist in whole of currency, the corporation shall not be deemed to have paid to the Minister an amount under that section in respect of all or any part of the consideration that may reasonably be considered to be payable or paid in currency.

1999, c. 83, s. 198.

1029.8.36.0.3.15. For the purposes of this division, the qualified labour expenditure of a qualified corporation in respect of a property that is a multimedia title shall be reduced by the amount of the consideration payable or paid, under the terms of a contract entered into for the carrying out of eligible production work, in relation to the disposition of property or the providing of a service to the corporation or to a person with whom the corporation is not dealing at arm’s length, except to the extent that the consideration may reasonably be considered to relate to property resulting from the eligible production work or to services relating to the property, or to property or part of a property consumed in connection with the work or the services.

1999, c. 83, s. 198.

1029.8.36.0.3.16. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 126; 2002, c. 9, s. 67.

1029.8.36.0.3.17. This division applies in respect of a property that is a multimedia title of a qualified corporation the main production work of which began after 31 March 1998, or in respect of a property that is a multimedia title of a qualified corporation, the main production work of which began after 9 May 1996 and before 1 April 1998 where, in the latter case, the corporation makes the election in prescribed form containing the prescribed information and sends it to the Minister on or before the corporation’s filing-due date for its taxation year that includes 20 December 1999.

1999, c. 83, s. 198.

DIVISION II.6.0.1.3 CREDIT FOR CORPORATIONS SPECIALIZED IN THE PRODUCTION OF MULTIMEDIA TITLES

1999, c. 83, s. 198.

1029.8.36.0.3.18. In this division,

“eligible employee” for a taxation year means an employee in respect of whom a qualification certificate is issued for the year by Investissement Québec, certifying that the employee is an eligible employee for the purposes of this division;

“eligible multimedia title” of a corporation means an organized set of numerical information that is not identified as being an excluded title on the qualification certificate issued to the corporation, for the year, by Investissement Québec for the purposes of this division;

“eligible production work”, for a taxation year, relating to an eligible multimedia title, means the work specified in the qualification certificate issued for the year to a corporation in respect of an eligible employee or a person or partnership that has carried out all or part of that work as part of a contract;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec, carries on therein a qualified business and holds a qualification certificate issued, for the year, by Investissement Québec for the purposes of this division, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII; or

(b)  a corporation that would be exempt from tax for the year under section 985 but for section 192;

(c)  (paragraph repealed);

“qualified labour expenditure” of a qualified corporation for a taxation year means, subject to the second paragraph, the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  the salaries or wages attributable to eligible multimedia titles that were incurred by the corporation in the year and paid, in respect of its eligible employees of an establishment situated in Québec, for eligible production work relating to such titles;

(b)  the aggregate of all amounts each of which is the portion of the consideration paid by the corporation, under the terms of a contract, for eligible production work that was carried out on its behalf in the year in relation to eligible multimedia titles, to a person or partnership who or which carried out all or a part of the eligible production work and with whom or with which the corporation is not dealing at arm’s length at the time the contract is entered into, that may reasonably be attributed to the salaries or wages attributable to the titles that the person or partnership incurred or paid in respect of its eligible employees of an establishment situated in Québec, or that could be so attributed if that person or partnership had such employees; and

(c)  the aggregate of all amounts each of which is one-half of the portion of the consideration paid by the corporation, under the terms of a contract, for eligible production work relating to eligible multimedia titles, to a person or partnership with whom or with which the corporation is dealing at arm’s length at the time the contract is entered into, that may reasonably be attributed to the eligible production work carried out on its behalf in the year by the employees of an establishment of that person or partnership situated in Québec, or that could be so attributed if that person or partnership had such employees;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “qualified labour expenditure” in the first paragraph,

(a)  (subparagraph repealed);

(b)  the consideration referred to in paragraph b or c of the definition does not include an amount paid by a corporation to another corporation where the amount may reasonably be attributed to eligible production work relating to eligible multimedia titles that was carried out in a taxation year of that other corporation for which that other corporation holds a valid qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.19 issued to it by Investissement Québec for that year;

(c)  an amount incurred in a taxation year that relates to work to be carried out in a subsequent taxation year is deemed not to have been incurred in that year, but to have been incurred in the subsequent year during which the work to which the amount refers is carried out; and

(d)  (subparagraph repealed);

(e)  a salary, wages or a consideration does not include remuneration based on the profits or revenues derived from the operation of a property.

For the purposes of subparagraph e of the second paragraph, remuneration based on the profits and revenues derived from the operation of a property that is a multimedia title does not include remuneration that

(a)  is determined in particular on the basis of the type of use projected for the property; and

(b)  may not be reimbursed if the property is not used as first anticipated.

1999, c. 83, s. 198; 2000, c. 5, s. 260; 2000, c. 39, s. 152; 2001, c. 51, s. 127; 2001, c. 69, s. 12; 2002, c. 9, s. 68; 2004, c. 21, s. 323; 2005, c. 1, s. 237; 2005, c. 38, s. 250; 2007, c. 12, s. 168.

1029.8.36.0.3.19. A corporation that, for a taxation year, is a qualified corporation and encloses with the fiscal return it is required to file for the year under section 1000 the documents described in the fourth paragraph is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount obtained by applying the appropriate percentage determined in the third paragraph in its respect for the year to its qualified labour expenditure for the year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The percentage to which the first paragraph refers for a taxation year is one of the following percentages:

(a)  50%, where the valid final certificate issued to the corporation for the year certifies that at least 75% of the eligible multimedia titles produced by the corporation in the year are to be commercialized for the general public and are available in a French version, or that at least 75% of its gross revenue for the year is derived from such eligible multimedia titles;

(b)  40%, where subparagraph a does not apply and the valid final certificate issued to the corporation for the year certifies that at least 75% of the eligible multimedia titles produced by the corporation in the year are to be commercialized for the general public or that at least 75% of its gross revenue for the year is derived from such eligible multimedia titles;

(c)  35%, where the valid final certificate issued to the corporation for the year certifies that less than 75% of the eligible multimedia titles produced by the corporation in the year are to be commercialized for the general public and that less than 75% of its gross revenue for the year is derived from such eligible multimedia titles;

(d)  37.5%, where the valid qualification certificate issued to the corporation for the year certifies that at least 75% of the eligible multimedia titles produced by the corporation in the year are produced without having been ordered, are to be commercialized and are available in a French version, or that at least 75% of its gross revenue for the year is derived from such eligible multimedia titles;

(e)  30%, where subparagraph d does not apply and the valid qualification certificate issued to the corporation for the year certifies that at least 75% of the eligible multimedia titles produced by the corporation in the year are produced without having been ordered and are to be commercialized, or that at least 75% of its gross revenue for the year is derived from such eligible multimedia titles; and

(f)  26.25%, where the valid qualification certificate issued to the corporation for the year certifies that less than 75% of the eligible multimedia titles produced by the corporation in the year are produced without having been ordered and are to be commercialized and that less than 75% of its gross revenue for the year is derived from such eligible multimedia titles.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the corporation for the year by Investissement Québec, for the purposes of this division, in respect of its activities and in respect of an eligible employee or of a person or partnership that, as part of a contract, carried out all or part of the production work.

1999, c. 83, s. 198; 2001, c. 51, s. 128; 2001, c. 69, s. 12; 2003, c. 9, s. 215; 2004, c. 21, s. 324; 2005, c. 38, s. 251; 2007, c. 12, s. 169.

1029.8.36.0.3.20. Where Investissement Québec replaces or revokes a qualification certificate issued to a corporation for a taxation year, section 1029.8.36.0.3.19 applies, subject to sections 1010 to 1011, taking into account the following rules:

(a)  the replaced certificate is null from the time it was issued or deemed issued and the new certificate is deemed to have been issued at that time for that taxation year; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1999, c. 83, s. 198; 2001, c. 51, s. 129; 2001, c. 69, s. 12; 2005, c. 38, s. 252; 2007, c. 12, s. 170.

1029.8.36.0.3.21. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.3.19, the following rules apply:

(a)  the amount of the salaries or wages incurred or of a portion of the consideration paid, included in the qualified labour expenditure of the corporation for the year, is to be reduced, where applicable, by the amount of any government assistance or non-government assistance that is attributable to the salaries or wages or to the portion of the consideration, as the case may be, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year; and

(b)  the amount of a portion of the consideration paid that is referred to in paragraph b of the definition of “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.3.18 and included in the qualified labour expenditure referred to in paragraph a, is to be reduced, where applicable, by the amount of any government assistance or non-government assistance that is attributable to the salaries or wages incurred and paid in respect of the eligible employees of an establishment of a person or partnership situated in Québec that are referred to in that paragraph b, or that would be so attributable if the person or partnership had such employees, and that the person or partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

1999, c. 83, s. 198; 2007, c. 12, s. 171.

1029.8.36.0.3.22. If, in a taxation year, in this section referred to as the “repayment year”, a person or partnership pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that the person or partnership received and that reduced, in accordance with section 1029.8.36.0.3.21, the qualified labour expenditure of a corporation for a particular taxation year for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.0.3.19, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for that particular year under section 1029.8.36.0.3.19, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.0.3.21, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.19 for that particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

1999, c. 83, s. 198; 2001, c. 7, s. 169; 2002, c. 40, s. 139; 2007, c. 12, s. 172.

1029.8.36.0.3.23. For the purposes of section 1029.8.36.0.3.22, an amount of assistance received by a person or partnership is deemed to be repaid by the person or partnership in a particular taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.0.3.21, the qualified labour expenditure of a corporation for a taxation year for the purpose of computing the amount it is deemed to have paid to the Minister under section 1029.8.36.0.3.19;

(b)  was not received by the person or partnership; and

(c)  ceased in the particular taxation year to be an amount that the person or partnership may reasonably expect to receive.

1999, c. 83, s. 198; 2001, c. 7, s. 169; 2007, c. 12, s. 173.

1029.8.36.0.3.24. If, in respect of eligible production work relating to eligible multimedia titles, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the carrying out of the eligible production work, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, or a person or partnership is deemed to have obtained or to be entitled to obtain such a benefit or advantage on a determination by the Minister to that effect, the amount of the salaries or wages incurred or of a portion of a consideration paid, included in the qualified labour expenditure of a qualified corporation for a taxation year, is, for the purpose of computing the amount that is deemed to have been paid to the Minister for the year by the corporation under section 1029.8.36.0.3.19, to be reduced, where applicable, by the amount of the benefit or advantage attributable to the salaries or wages or to the portion of a consideration, as the case may be, that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, or is deemed to have obtained or to be entitled to obtain, on or before the corporation’s filing-due date for that year.

1999, c. 83, s. 198; 2006, c. 13, s. 124; 2006, c. 36, s. 133; 2007, c. 12, s. 174.

1029.8.36.0.3.25. Notwithstanding section 1029.8.36.0.3.19, where a qualified corporation, under the terms of a contract, causes eligible production work to be carried out on its behalf in relation to eligible multimedia titles, and the consideration payable or paid by the corporation for such work does not consist in whole of currency, the corporation shall not be deemed to have paid to the Minister an amount under that section in respect of all or any part of the consideration that cannot reasonably be considered to be payable or paid in currency.

1999, c. 83, s. 198.

1029.8.36.0.3.26. For the purposes of this division, a qualified labour expenditure of a qualified corporation shall be reduced by the amount of the consideration payable or paid, under the terms of a contract entered into for the carrying out of eligible production work, in relation to the disposition of property or the providing of a service to the corporation or to a person with whom the corporation is not dealing at arm’s length, except to the extent that the consideration may reasonably be considered to relate to property resulting from the eligible production work or to services relating to the property, or to property or part of a property consumed in connection with the work or the services.

1999, c. 83, s. 198.

1029.8.36.0.3.27. (Repealed).

1999, c. 83, s. 198; 2001, c. 51, s. 130; 2002, c. 9, s. 69.

DIVISION II.6.0.1.4

Repealed, 2003, c. 9, s. 216.

1999, c. 83, s. 198; 2003, c. 9, s. 216.

§ 1 . —

Repealed, 2003, c. 9, s. 216.

1999, c. 83, s. 198; 2003, c. 9, s. 216.

1029.8.36.0.3.28. (Repealed).

1999, c. 83, s. 198; 2000, c. 5, s. 261; 2000, c. 39, s. 153; 2001, c. 51, s. 131; 2001, c. 69, s. 12; 2002, c. 9, s. 70; 2003, c. 9, s. 216.

1029.8.36.0.3.29. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 154; 2003, c. 9, s. 216.

§ 2 . —

Repealed, 2003, c. 9, s. 216.

1999, c. 83, s. 198; 2003, c. 9, s. 216.

1029.8.36.0.3.30. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 155; 2001, c. 51, s. 132; 2001, c. 69, s. 12; 2003, c. 9, s. 216.

1029.8.36.0.3.31. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 156.

1029.8.36.0.3.32. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 157; 2001, c. 51, s. 133; 2003, c. 9, s. 216.

1029.8.36.0.3.33. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 158; 2001, c. 51, s. 134; 2003, c. 9, s. 216.

1029.8.36.0.3.34. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 159; 2001, c. 51, s. 135; 2001, c. 69, s. 12; 2003, c. 9, s. 216.

1029.8.36.0.3.35. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 160; 2002, c. 40, s. 140; 2003, c. 9, s. 216.

1029.8.36.0.3.36. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 161; 2001, c. 7, s. 169; 2003, c. 9, s. 216.

1029.8.36.0.3.37. (Repealed).

1999, c. 83, s. 198; 2000, c. 39, s. 162; 2002, c. 9, s. 71.

DIVISION II.6.0.1.5

Repealed, 2003, c. 9, s. 216.

2000, c. 39, s. 163; 2003, c. 9, s. 216.

§ 1 . —

Repealed, 2003, c. 9, s. 216.

2000, c. 39, s. 163; 2003, c. 9, s. 216.

1029.8.36.0.3.38. (Repealed).

2000, c. 39, s. 163; 2001, c. 7, s. 169; 2001, c. 51, s. 136; 2001, c. 69, s. 12; 2002, c. 9, s. 72; 2003, c. 9, s. 216.

1029.8.36.0.3.39. (Repealed).

2000, c. 39, s. 163; 2003, c. 9, s. 216.

§ 2 . —

Repealed, 2003, c. 9, s. 216.

2000, c. 39, s. 163; 2003, c. 9, s. 216.

1029.8.36.0.3.40. (Repealed).

2000, c. 39, s. 163; 2001, c. 51, s. 137; 2001, c. 69, s. 12; 2003, c. 9, s. 216.

1029.8.36.0.3.41. (Repealed).

2000, c. 39, s. 163; 2001, c. 7, s. 169; 2001, c. 51, s. 138; 2003, c. 9, s. 216.

1029.8.36.0.3.42. (Repealed).

2000, c. 39, s. 163; 2001, c. 51, s. 139; 2001, c. 69, s. 12; 2003, c. 9, s. 216.

1029.8.36.0.3.43. (Repealed).

2000, c. 39, s. 163; 2002, c. 40, s. 141; 2003, c. 9, s. 216.

1029.8.36.0.3.44. (Repealed).

2000, c. 39, s. 163; 2003, c. 9, s. 216.

1029.8.36.0.3.45. (Repealed).

2000, c. 39, s. 163; 2002, c. 9, s. 73.

DIVISION II.6.0.1.6 CREDIT FOR CORPORATIONS ESTABLISHED IN E-COMMERCE PLACE

2002, c. 9, s. 74.

§ 1 . — Interpretation and general

2002, c. 9, s. 74.

1029.8.36.0.3.46. In this division,

“associated employer” of a particular corporation at the end of a calendar year means an employer who has an establishment in Québec and at that time is a corporation with which the particular corporation is associated;

“base calendar year” of a corporation means the calendar year preceding the calendar year that includes the date of the beginning of the operations of the corporation;

“date of the beginning of the operations” of a corporation means the effective date specified in the first valid qualification certificate, referred to in the first paragraph of section 1029.8.36.0.3.48, that was issued to the corporation for a taxation year;

“eligibility period” of a corporation for a taxation year means the portion of the year included in the period that begins on 12 May 2000 and ends,

(a)  where the qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.48 that was issued to the corporation for the year is not revoked

i.  on 31 December 2010, if the effective date specified in the first valid qualification certificate, referred to in the first paragraph of section 1029.8.36.0.3.48, that was issued to the corporation for a taxation year precedes 1 January 2001, or on the last day of the 10-year period that begins on that effective date, if that effective date is before 1 January 2004 but after 31 December 2000, and

ii.  on 31 December 2013, in any other case; or

(b)  where the qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.48 that was issued to the corporation for the year is revoked, on the earlier of the day that precedes the day on which the revocation of that certificate is effective and the date that would be determined in accordance with paragraph a if it applied to the corporation for that year;

“eligible activity” of a corporation for a taxation year means an activity that the corporation carries on in the year and that is covered by the qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.48 that Investissement Québec issues to the corporation for the year;

“eligible employee” of a corporation for all or part of a taxation year means an individual in respect of whom a qualification certificate is issued to the corporation for the year by Investissement Québec for the purposes of this division, certifying that the individual is an eligible employee for all or that part of the year;

“modified rate” for a particular year of operation of a corporation means the rate determined under section 1029.8.36.0.3.50 for the particular year of operation of the corporation that is subsequent to its fifth year of operation;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec and that is not

(a)  a tax-exempt corporation for the year under Book VIII;

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

(c)  a corporation control of which is acquired at the beginning of the year or of a preceding taxation year, but after 11 June 2003, by a person or group of persons, unless acquiring control of the corporation

i.  occurs before 1 July 2004 and Investissement Québec certifies that the acquisition of control results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a qualified corporation, by a person or group of persons that controls a qualified corporation, or by a group of persons each member of which is a qualified corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003; or

(d)  a corporation that has made an election under the fourth or fifth paragraph of section 1029.8.36.0.3.80 for the year or a preceding taxation year;

“qualified wages” incurred by a qualified corporation in a taxation year in respect of one of its eligible employees for all or part of the taxation year means the lesser of

(a)  the amount determined for the year pursuant to section 1029.8.36.0.3.47 in relation to the eligible employee; and

(b)  the amount by which the amount of the wages incurred by the qualified corporation in respect of the employee, in the corporation’s eligibility period for the year, while the employee qualified as an eligible employee of the qualified corporation, to the extent that that amount is paid and that it may reasonably be considered to relate to the carrying on of an eligible activity by the eligible employee in the year, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before the qualified corporation’s filing-due date for the taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to work carried out by the eligible employee in connection with the carrying on of the eligible activity of the qualified corporation for the taxation year that a person or partnership has received, is entitled to receive or may reasonably expect to receive, on or before the qualified corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner;

“wages” means the income computed under Chapters I and II of Title II of Book III;

“year of operation” that is a particular year of operation of a corporation means the period that begins on the date of the beginning of the operations of the corporation and that ends on the day that is one year after the day immediately preceding that date, or the period that begins on a particular day that occurs at each successive one-year interval after the date of the beginning of the operations of the corporation and that ends on the day that is one year after the day immediately preceding that particular day.

For the purposes of the definition of “date of the beginning of the operations” in the first paragraph, where two or more qualified corporations are associated with each other at the end of a calendar year, the date of the beginning of the operations of each of those qualified corporations is deemed to be the date that is the earliest of their respective dates of the beginning of the operations.

For the purposes of the definition of “associated employer” in the first paragraph, the following rules apply:

(a)  where an employer is an individual, other than a trust, the individual is deemed to be a corporation, all of the voting shares in the capital stock of which are owned at the end of a calendar year by the individual;

(b)  where an employer is a partnership, the partnership is deemed to be a corporation whose taxation year corresponds to the partnership’s fiscal period and all the voting shares in the capital stock of which are owned at the end of a calendar year by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s last fiscal period that ends at or before that time; and

(c)  where an employer is a trust, the trust is deemed to be a corporation all of the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this paragraph referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  where any such beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and where that time occurs before the distribution date, are owned at that time by the beneficiary, and

(2)  where subparagraph 1 does not apply and where that time occurs before the distribution date, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  where a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at that time by the beneficiary, except where subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, except where subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at that time by the person referred to therein from whom property of the trust or property for which it was substituted was directly or indirectly received.

For the application of the definition of “eligibility period” in the first paragraph to a corporation that, in its taxation year for which its first valid qualification certificate, referred to in the first paragraph of section 1029.8.36.0.3.48, is issued to it, is associated with one or more other qualified corporations, the effective date specified in that first qualification certificate and to which subparagraph i of paragraph a of that definition refers is deemed to be the earlier of the effective date and all of the dates each of which is the effective date specified in the first qualification certificate that was issued to any of the other qualified corporations.

2002, c. 9, s. 74; 2004, c. 21, s. 325; 2005, c. 1, s. 238; 2006, c. 13, s. 125; 2009, c. 15, s. 238.

1029.8.36.0.3.47. The amount to which paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46 refers, for a taxation year of a qualified corporation, in relation to an eligible employee means an amount equal,

(a)  where the taxation year of the qualified corporation ends before 1 January 2001, to the amount obtained by multiplying $40,000 by the proportion that the number of days in the corporation’s eligibility period for the year during which the employee qualifies as an eligible employee is of 365;

(b)  where the taxation year of the qualified corporation includes 1 January 2001, to the aggregate of

i.  the amount obtained by multiplying $40,000 by the proportion that the number of days in the corporation’s eligibility period for the year that precede 1 January 2001 during which the employee qualifies as an eligible employee is of 365, and

ii.  the amount obtained by multiplying $35,714.29 by the proportion that the number of days in the corporation’s eligibility period for the year that follow 31 December 2000 during which the employee qualifies as an eligible employee is of 365; and

(c)  in any other case, to the amount obtained by multiplying $35,714.29 by the proportion that the number of days in the corporation’s eligibility period for the taxation year during which the employee qualifies as an eligible employee is of 365;

(d)  (paragraph repealed);

(e)  (paragraph repealed);

(f)  (paragraph repealed).

2002, c. 9, s. 74; 2004, c. 21, s. 326.

§ 2 . — Credit

2002, c. 9, s. 74.

1029.8.36.0.3.48. A corporation that holds, for a taxation year, a valid qualification certificate issued by Investissement Québec for the purposes of this division and that encloses with its fiscal return it is required to file for the year under section 1000 a copy of the qualification certificate as well as the documents referred to in the third paragraph is deemed, subject to the second paragraph and to section 1029.8.36.0.3.49, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 35% of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees for all or part of that year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued to the corporation for the year by Investissement Québec in respect of the eligible employee for the purposes of this division.

Notwithstanding the first paragraph, no corporation may be deemed to have paid the amount determined under that paragraph to the Minister, on account of its tax payable for a taxation year under this Part, where it elects irrevocably, in the manner and within the time specified in the fifth paragraph, to avail itself for the year of the provisions of section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount that the corporation would, but for this paragraph and the second paragraph of section 1029.8.36.0.3.57, be deemed to have paid to the Minister for the year under this division.

A corporation makes the election to which the fourth paragraph refers for a taxation year by filing with the Minister, for the first time and on or before the day that is 12 months after the corporation’s filing-due date for the year, the prescribed form containing the prescribed information referred to in subparagraph a of the third paragraph.

Where a taxation year of a corporation is, in whole or in part, within a particular period that is between 11 May 2000 and 1 January 2001, for the purpose of determining the amount that the corporation is deemed to have paid to the Minister under the first paragraph, in relation to qualified wages incurred in that taxation year in respect of an eligible employee, the following rules apply:

(a)  where the amount determined under paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46 is the qualified wages for that taxation year, the rate of 35% referred to in the first paragraph shall be replaced by a rate of 25% applicable in respect of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the corporation in respect of the eligible employee, while the employee qualified as an eligible employee for the portion of the year within the particular period;

(b)   where the amount determined under paragraph a of section 1029.8.36.0.3.47 is, by virtue of paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, the qualified wages for that taxation year, the rate of 35% referred to in the first paragraph shall be replaced by a rate of 25% applicable in respect of the qualified wages; and

(c)  where the amount determined under paragraph b of section 1029.8.36.0.3.47 is, by virtue of paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, the qualified wages for that taxation year, the first paragraph shall be read with “35% of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees” replaced by “the aggregate of 25% of the amount determined under subparagraph i of paragraph b of section 1029.8.36.0.3.47 and 35% of the amount determined under subparagraph ii of paragraph b of that section, in respect of the qualified wages incurred by the corporation in the year in respect of one of its eligible employees”.

2002, c. 9, s. 74; 2003, c. 9, s. 217; 2004, c. 21, s. 327.

§ 3 . — Modified rate

2002, c. 9, s. 74.

1029.8.36.0.3.49. For the purpose of determining the amount that a corporation is deemed to have paid to the Minister pursuant to section 1029.8.36.0.3.48, or would be deemed to have paid to the Minister under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof, in relation to qualified wages incurred by the corporation, in respect of one of its eligible employees, in a taxation year included in whole or in part in a particular year of operation of the corporation that is subsequent to its fifth year of operation, the following rules apply :

(a)  the rate of 35% mentioned in the first paragraph of section 1029.8.36.0.3.48 shall be replaced by the modified rate for the particular year of operation of the corporation that is subsequent to its fifth year of operation and that begins in the taxation year or in the preceding taxation year; and

(b)  the modified rate for the particular year of operation of the corporation that is subsequent to its fifth year of operation and that begins in the taxation year or the preceding taxation year shall be applied in respect of the portion of the qualified wages that may reasonably be considered as attributable to the qualified wages incurred by the corporation in respect of the eligible employee in the part of the taxation year that is included in the particular year of operation of the corporation.

2002, c. 9, s. 74.

1029.8.36.0.3.50. The rate to which the definition of “modified rate” in the first paragraph of section 1029.8.36.0.3.46 refers for a particular year of operation of a corporation that is subsequent to its fifth year of operation is equal to the rate, not exceeding 35%, determined by the formula

[2 × (A − B) / C] × 35%.

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is the wages that the corporation and an associated employer of the corporation at the end of the calendar year that ended immediately before the date of the beginning of the particular year of operation of the corporation have paid in that calendar year to an employee who reports for work at an establishment of the corporation or the associated employer situated in Québec ;

(b)  B is the aggregate of all amounts each of which is the wages that the corporation and an associated employer of the corporation at the end of the calendar year that ended immediately before the date of the beginning of the particular year of operation of the corporation have paid in the base calendar year of the corporation to an employee who reports for work at an establishment of the corporation or the associated employer situated in Québec ; and

(c)  C is the aggregate of all amounts each of which is the wages that the corporation and an associated employer of the corporation at the end of the calendar year that ended immediately before the date of the beginning of the particular year of operation of the corporation have paid in respect of an eligible employee of the corporation, while the employee qualified as an eligible employee, in that calendar year, without exceeding $35,714.29.

For the purposes of subparagraphs a and b of the second paragraph, the following rules apply :

(a)  where, during a period within a calendar year, an employee reports for work at an establishment of the employer situated in Québec and at an establishment of the employer situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, and

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the employer situated outside Québec ; and

(b)  where, during a period within a calendar year, an employee is not required to report for work at an establishment of the employer and the employee’s wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of subparagraph b of the second paragraph, where the date of the beginning of the operations of a corporation is in the calendar year 2000, the amount determined under that subparagraph is deemed to be equal to the amount obtained by multiplying by 400% the amount equal to the amount by which the aggregate of all amounts each of which is the wages that the corporation and an associated employer of the corporation at the end of the calendar year that ended immediately before the date of the beginning of the particular year of operation of the corporation paid in the first three months of the calendar year 2000 to an employee who reports for work at an establishment of the corporation or the associated employer situated in Québec, exceeds the amount equal to the amount obtained by multiplying by 75% the aggregate of all amounts each of which is an amount paid by the corporation and the associated employer of the corporation in the first three months of the calendar year 2000 as a bonus and that is included in the wages.

2002, c. 9, s. 74.

1029.8.36.0.3.51. For the purposes of this division, subject to the fourth paragraph of section 1029.8.36.0.3.50, where the number of days in the base calendar year of a corporation in which the corporation and an associated employer of the corporation at the end of a calendar year that ended immediately before the date of the beginning of a particular year of operation of the corporation have carried on a business in Québec, in this section referred to as the “number of qualifying days” of the corporation or the associated employer, is less than 365, the aggregate of all amounts each of which is the wages paid by the corporation or the associated employer in that base calendar year to an employee who reports for work at an establishment of the corporation or the associated employer situated in Québec in the course of the business carried on by the corporation or the associated employer, is deemed to be equal to the proportion of that aggregate that 365 is of the number of qualifying days of the corporation or the associated employer, in relation to the business.

2002, c. 9, s. 74.

1029.8.36.0.3.52. Where a person or a partnership becomes an associated employer of a corporation at any time in a calendar year that ends in one of the first four years of operation of the corporation, the aggregate of all amounts referred to in subparagraph b of the second paragraph of section 1029.8.36.0.3.50, each of which is the wages paid in the base calendar year of the corporation by the associated employer of the corporation to an employee who reports for work at an establishment of the associated employer situated in Québec is, notwithstanding the third paragraph of section 1029.8.36.0.3.50 and section 1029.8.36.0.3.51, deemed to be zero.

For the purposes of the first paragraph, a reference to a calendar year ending in a particular year of operation includes a reference to a calendar year ending coincidentally with that of the particular year of operation.

2002, c. 9, s. 74.

1029.8.36.0.3.53. For the purposes of section 1029.8.36.0.3.50, where a corporation, in this section referred to as the “new corporation”, is the result of the amalgamation, within the meaning of section 544, of several corporations, in this section each referred to as a “predecessor corporation”, the new corporation is deemed, subject to the second paragraph, to have paid in the base calendar year of the corporation and the part of the calendar year preceding the amalgamation, the aggregate of all amounts each of which is the wages paid by a predecessor corporation in the base calendar year and the part of the calendar year preceding the amalgamation to an employee who reports for work at an establishment of the predecessor corporation situated in Québec.

For the purposes of section 1029.8.36.0.3.50 and for the purpose of determining the modified rate for a particular year of operation of a new corporation that is subsequent to its fifth year of operation, where an amalgamation, within the meaning of section 544, occurs at any time in a calendar year that ends in one of the first four years of operation of a predecessor corporation, where the new corporation is the result of the amalgamation of the predecessor corporation and another corporation, other than a corporation that is an associated employer of the predecessor corporation at the end of the base calendar year of the predecessor corporation that, at any time in the 12-month period preceding the amalgamation or, where the other corporation began to exist at any time in the 12-month period preceding the amalgamation, at any time in the period that begins at the time when that other corporation begins to exist and that ends at the time of the amalgamation, did not hold a valid qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.48, the new corporation is deemed to have paid in its base calendar year, the aggregate of all amounts each of which is the wages paid by the predecessor corporation in the base calendar year to an employee who reports for work at the establishment of the predecessor corporation situated in Québec.

For the purposes of this section, a predecessor corporation includes a corporation in respect of which the predecessor corporation was a new corporation.

For the purposes of the second paragraph, a reference to a calendar year that ends in a year of operation includes the reference to a calendar year ending coincidentally with that of the year of operation.

2002, c. 9, s. 74; 2002, c. 40, s. 142; 2004, c. 21, s. 328.

1029.8.36.0.3.54. For the purposes of section 1029.8.36.0.3.50, where the rules set out in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary within the meaning of section 556, the parent corporation is deemed to have paid, in its base calendar year and the part of the calendar year preceding its winding-up, the aggregate of all amounts each of which is the wages paid by the subsidiary, in the base calendar year and the part of the calendar year preceding the winding-up, to an employee who reports for work at an establishment of the subsidiary situated in Québec.

2002, c. 9, s. 74; 2002, c. 40, s. 143.

1029.8.36.0.3.55. Subject to sections 1029.8.36.0.3.53 and 1029.8.36.0.3.54, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, diminish or cease in relation to a particular business carried on by the vendor in Québec, and where it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business in Québec or increases, after that time, the scope of similar activities carried on in the course of carrying on such a business, for the purposes of section 1029.8.36.0.3.50, the following rules apply, subject to the third, fourth and fifth paragraphs:

(a)  the aggregate of all amounts each of which is the wages paid by the vendor in the vendor’s base calendar year to an employee who reports for work at an establishment of the employer situated in Québec in relation to the particular business is deemed to be equal, at any time after the particular time, to the amount by which that aggregate otherwise determined exceeds the amount determined by the formula

A × B × C;

(b)  the purchaser is deemed

i.  to have paid to an employee who reports for work at an establishment of the employer situated in Québec, in a period within the particular calendar year, an amount equal to the proportion of the aggregate of all amounts each of which is the wages paid by the vendor to such an employee, to the extent that the employee may reasonably be considered to have been assigned to the carrying on of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year which precede the particular time is of the number of days in the particular calendar year which precede the particular time and during which the vendor carried on those activities, and

ii.  to have paid in respect of the aggregate of all amounts each of which is the wages paid in the purchaser’s base calendar year to an employee who reported for work at an establishment of the employer situated in Québec in relation to the particular business, an amount equal to the aggregate of

(1)  the aggregate of all amounts each of which is the wages paid by the purchaser in the purchaser’s base calendar year, otherwise determined, to an employee who reported for work at an establishment of the employer situated in Québec in relation to the particular business,

(2)  an amount equal to the proportion of the aggregate of all amounts each of which is the wages paid by the vendor to an employee in the part of the particular calendar year preceding the particular time, to the extent that the wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year which precede the particular time is of the number of days in the particular calendar year which precede the particular time and during which the vendor carried on those activities, and

(3)  the aggregate of all amounts each of which is the wages paid by the purchaser to an employee, in the part of the calendar year following the particular time, to the extent that the wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time.

In the formula provided for in subparagraph a of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the wages paid by the vendor in the vendor’s base calendar year to an employee who reports for work at an establishment of the employer situated in Québec in relation to the particular business;

(b)  B is the proportion that the number of the vendor’s employees referred to in subparagraph a who are assigned to the part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees referred to in subparagraph a immediately before the particular time; and

(c)  C is the proportion that the number of days in the particular calendar year following the particular time is of 365.

Where a person or a partnership is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, that person or partnership is a vendor in relation to all of those activities, this section does not apply to the person or partnership either as vendor or as purchaser in respect of the activities and, for the purposes of section 1029.8.36.0.3.50, the person or partnership is deemed to have paid, from that time to the subsequent time, no portion of the wages that may reasonably be considered to relate to the employees of the person or partnership assigned to the carrying on of the activities that ceased after the subsequent time.

Where a person or partnership is, at a particular time in a calendar year, a purchaser in relation to activities carried on by another person or partnership and, at a subsequent time in the same calendar year, the person or partnership is a vendor in relation to part of those activities, for the purposes of section 1029.8.36.0.3.50 and for the purpose of determining the amount that the person or partnership is deemed to have paid under subparagraphs i and ii of subparagraph b of the first paragraph, the following rules apply:

(a)  the person’s or partnership’s employees are deemed to have been paid by the person or partnership only the portion of the wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the person or partnership continues to carry on after that subsequent time; and

(b)  the other person’s or partnership’s employees are deemed to have been paid by the other person or partnership only the portion of the wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the other person or partnership continues to carry on after that subsequent time.

Where, at a particular time in a particular calendar year that ends in one of the first four years of operation of a corporation, the corporation or, as the case may be, an associated employer of the corporation at the end of a calendar year is a purchaser in relation to activities carried on by a person or partnership, this section does not apply to the corporation or the associated employer of the corporation, as purchaser, or to the person or partnership, as vendor, in respect of the activities and, for the purposes of section 1029.8.36.0.3.50, the corporation or, as the case may be, the associated employer of the corporation at the end of the calendar year is deemed to have paid, in the base calendar year, no portion of the wages that may reasonably be considered to relate to the employees of the person or partnership assigned to the carrying on of the activities.

For the purposes of the fifth paragraph, a reference to a calendar year ending in a year of operation includes a reference to a calendar year ending coincidentally with that of the year of operation.

2002, c. 9, s. 74; 2002, c. 40, s. 144.

1029.8.36.0.3.56. Subject to sections 1010 to 1011 and for the purposes of this division, where Investissement Québec replaces or revokes a certificate that was issued to a corporation for a taxation year, the following rules apply:

(a)  a replaced certificate is null from the time it was issued or deemed issued and the new certificate is deemed to have been issued at that time for that taxation year; and

(b)  a revoked certificate is null from the time the revocation becomes effective.

A revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2002, c. 9, s. 74; 2004, c. 21, s. 329.

§ 4 . — Government assistance, non-government assistance and other particulars

2002, c. 9, s. 74.

1029.8.36.0.3.57. Where, before 1 January 2012, a corporation pays in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages incurred in a particular taxation year by the corporation in respect of an eligible employee and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for the particular taxation year, or would be deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 for that particular year if that section were read without reference to the fourth and fifth paragraphs thereof, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on its balance due-day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year in respect of the qualified wages under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof and if any amount of assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, or would be deemed to have paid to the Minister under section 1029.8.36.0.3.48 for the particular year in respect of the qualified wages, if that section were read without reference to the fourth and fifth paragraphs thereof; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this paragraph in respect of an amount of repayment of that assistance.

Notwithstanding the first paragraph, no corporation may be deemed to have paid the amount determined under that paragraph to the Minister, on account of its tax payable for the repayment year under this Part, where it elects irrevocably, in the manner and within the time specified in the third paragraph, to avail itself for the year of the provisions of section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount that the corporation would, but for this paragraph and the fourth paragraph of section 1029.8.36.0.3.48, be deemed to have paid to the Minister for the year under this division.

A corporation makes the election to which the second paragraph refers for the repayment year by filing with the Minister, for the first time and on or before the day that is 12 months after the corporation’s filing-due date for the year, the prescribed form containing the prescribed information referred to in the first paragraph.

2002, c. 9, s. 74; 2003, c. 9, s. 218.

1029.8.36.0.3.58. For the purposes of the first paragraph of section 1029.8.36.0.3.57, an amount of assistance is deemed to be repaid by a corporation in a taxation year pursuant to a legal obligation where that amount

(a)  reduced, because of subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.46, the amount of the wages referred to in that paragraph b, for the purpose of computing qualified wages in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48, or would be deemed to have paid an amount to the Minister under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof;

(b)  was not received by the corporation ; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

2002, c. 9, s. 74.

1029.8.36.0.3.59. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause the rate mentioned in the first paragraph of section 1029.8.36.0.3.48 that is applicable to the first five years of operation of a corporation not to be, for the sixth year of operation of the corporation, replaced by a lower rate, pursuant to sections 1029.8.36.0.3.49 and 1029.8.36.0.3.50, or to cause the modified rate for a particular year of operation of the corporation that is subsequent to its sixth year of operation to be maintained or increased in relation to the rate applicable to the preceding year of operation, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2002, c. 9, s. 74.

DIVISION II.6.0.1.7 CREDIT FOR E-BUSINESS ACTIVITIES

2003, c. 9, s. 219.

§ 1 . — Definitions and general

2003, c. 9, s. 219.

1029.8.36.0.3.60. In this division,

“base amount” of a corporation, in relation to a particular recognized business, means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” ; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages paid by the corporation to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within its base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec but outside an eligible site, other than an excluded employee of the corporation, that were paid by the corporation, in the course of carrying on any given business in respect of a pay period, within its base period, in relation to the particular recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the corporation that are described in any of paragraphs a to c of the definition of “recognized business”, except if an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business;

“base period” of a corporation, in relation to a recognized business, means the calendar year preceding the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“designated site” means premises designated by Investissement Québec for the purposes of this division;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the five-year period that begins on 1 January of the first calendar year, preceding the calendar year 2004, in respect of which the corporation obtains its qualification certificate, in relation to the recognized business;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a pay period, within the year, for which the employee is an eligible employee, in relation to a recognized business of the corporation; or

(b)  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, other than an employee referred to in paragraph a or an excluded employee of the corporation, that were paid by the corporation in respect of a pay period, within the year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the corporation that are described in any of paragraphs a to c of the definition of “recognized business” ;

“eligible employee” of a corporation for a pay period of a calendar year, in relation to a recognized business, means an employee, other than an excluded employee at any time in that period, in respect of whom a qualification certificate is issued to the corporation for the year by Investissement Québec for the purposes of this division, certifying that the employee is an eligible employee of the corporation for the pay period, in relation to the recognized business;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.65 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.61 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.61 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.65 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.62 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.0.3.65 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.0.3.63 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.0.3.63, as the case may be, in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.0.3.63 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“excluded employee” at a particular time means an employee of a corporation who, at that time, is

(a)  a foreign specialist, within the meaning of section 737.22.0.1, where the corporation is an eligible employer referred to in paragraph c of the definition of foreign specialist in that section or in paragraph d of that definition if the corporation carries on a business in the Centre national des nouvelles technologies de Québec, within the meaning of the first paragraph of section 1029.8.36.0.17;

(b)  an eligible employee of the corporation, within the meaning of the first paragraph of section 1029.8.36.0.3.38, as it read before being repealed, or a specified employee of the corporation, within the meaning of the first paragraph of section 1029.8.36.0.17, if the corporation carries on a business in the Centre national des nouvelles technologies de Québec; or

(c)  a specified shareholder of that corporation or, where the corporation is a cooperative, a specified member of that corporation;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends;

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192; or

(c)  a corporation control of which is acquired at any time in the calendar year or a preceding calendar year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division, certifying that its activities are

(a)  activities of developing and supplying products and services relating to e-business;

(b)  activities relating to the operation of e-business solutions; or

(c)  activities of a client contact centre;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative.

Except where section 1029.8.36.0.3.67 or 1029.8.36.0.3.68 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec and, in the opinion of Investissement Québec, the business is the continuation of a recognized business or part of a recognized business previously carried on by another corporation, the eligibility period of the corporation, in relation to the recognized business, is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in a designated site and at an establishment of the qualified corporation situated outside the designated site, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the designated site, or

ii.  to report for work only at the establishment situated outside the designated site if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the designated site;

(b)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(c)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2003, c. 9, s. 219; 2004, c. 21, s. 330; 2005, c. 23, s. 164; 2006, c. 13, s. 126.

§ 2 . — Credits

2003, c. 9, s. 219.

1029.8.36.0.3.61. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 35% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business and its eligible employees.

2003, c. 9, s. 219; 2004, c. 21, s. 331; 2005, c. 38, s. 253.

1029.8.36.0.3.62. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 35% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a pay period, within the calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the other corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to the activities of the other corporation that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount, in relation to a recognized business it carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a pay period, within the qualified corporation’s base period, in relation to a recognized business it carries on in the calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the other corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to the activities of the other corporation that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, except if an amount is included, in respect of the employee, in relation to the other corporation, in computing an amount determined for the calendar year under this subparagraph 2 in relation to another recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the taxation year in which the calendar year ends, the amount determined under subparagraph a of that first paragraph, in respect of the calendar year, shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.0.3.63.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business and its eligible employees; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.0.3.63 filed in prescribed form.

2003, c. 9, s. 219; 2004, c. 21, s. 332; 2005, c. 38, s. 254.

1029.8.36.0.3.63. The agreement to which the second paragraph of section 1029.8.36.0.3.62 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee of the corporation, in relation to a recognized business, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business it carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within its base period, in relation to a recognized business, for which the employee is an eligible employee of the qualified corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business it carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a pay period, within the calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the other corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the other corporation that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business it carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid by the other corporation in respect of a pay period, within the base period of a qualified corporation that is a member of the group at the end of the calendar year, in relation to a recognized business it carries on in the calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the other corporation situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to the activities of the other corporation that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group of associated corporations.

2003, c. 9, s. 219; 2004, c. 21, s. 333; 2009, c. 5, s. 442.

1029.8.36.0.3.64. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under any of paragraphs a to c of section 1029.8.36.0.3.63, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.0.3.62, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2003, c. 9, s. 219; 2004, c. 21, s. 334.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2003, c. 9, s. 219; 2006, c. 13, s. 127.

1029.8.36.0.3.65. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under section 1029.8.36.0.3.61 or 1029.8.36.0.3.62, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.0.3.60, in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61 or in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 and paid by the qualified corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 and paid by a corporation associated with the qualified corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be;

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.0.3.63 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation; and

(c)  where the amount of the salary or wages of an employee referred to in paragraph b of the definition of “eligible amount” in the first paragraph of section 1029.8.36.0.3.60, that is paid by the corporation or a corporation associated with it in respect of the calendar year ending in the particular taxation year, in relation to a recognized business, is reduced, as a consequence of the application of subparagraph a, by the amount, in this subparagraph referred to as the “reduction amount of the salaries or wages”, that is the portion of such a salary or wages that may reasonably be considered to be included in computing an expenditure in respect of which the corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under another division of this chapter for the particular taxation year, the aggregate of all amounts each of which is the amount, determined after the application of subparagraph a, of the salaries or wages referred to in paragraph b of the definition of “base amount” in the first paragraph of section 1029.8.36.0.3.60 paid by the corporation or the corporation associated with it, as the case may be, in relation to the recognized business, shall be reduced by the lesser of

i.  the amount by which the part of the amount of the salary or wages of the employee referred to in paragraph b of the definition of “eligible amount” in the first paragraph of section 1029.8.36.0.3.60, determined before the application of this section, paid to the employee by the corporation or the corporation associated with it, as the case may be, in the corporation’s base period, in relation to the recognized business, that may reasonably be considered to be included in computing an expenditure in respect of which the corporation or the corporation associated with it would have been deemed to have paid an amount to the Minister under that other division of this chapter for the particular taxation year if the salary or wages had been paid in the particular taxation year, exceeds the portion of such a salary or wages that may reasonably be considered to be included in computing an expenditure in respect of which the corporation or the corporation associated with it is deemed to have paid an amount to the Minister under that other division of this chapter for the taxation year in which its base period ends, in relation to the recognized business, and

ii.  the reduction amount of the salaries or wages in relation to the recognized business.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages that the qualified corporation or a corporation associated with it paid in respect of a pay period within the qualified corporation’s base period, in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, in relation to the recognized business, in respect of a pay period within the calendar year ending in its particular taxation year.

2003, c. 9, s. 219; 2004, c. 21, s. 335; 2006, c. 13, s. 128.

1029.8.36.0.3.66. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.65, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.0.3.61 or 1029.8.36.0.3.62, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.0.3.65, the excess amount referred to in paragraph a or c of section 1029.8.36.0.3.63 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2003, c. 9, s. 219; 2004, c. 21, s. 336.

1029.8.36.0.3.67. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2003, c. 9, s. 219.

1029.8.36.0.3.68. If, after the beginning of the winding-up of a subsidiary, within the meaning of section 556, to which the rules in sections 556 to 564.1 and 565 apply, the parent corporation, within the meaning of section 556, begins to carry on a recognized business the subsidiary was carrying on before the beginning of its winding-up, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which ends the calendar year in which the winding-up began and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, if the parent corporation carried on after the beginning of the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the beginning of the winding-up and a recognized business carried on by the subsidiary immediately before the beginning of the winding-up, each recognized business so carried on before the beginning of the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the beginning of the winding-up.

2003, c. 9, s. 219; 2005, c. 23, s. 165.

1029.8.36.0.3.69. Subject to sections 1029.8.36.0.3.67 and 1029.8.36.0.3.68, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business the activities of which are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is not associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the particular taxation year, in relation to a particular recognized business:

(a)  if the particular recognized business is a business of the vendor,

i.   the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × D × E, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which that amount otherwise determined, without reference to subparagraph i, exceeds the amount determined by the formula

B × D × E;

(b)  if the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or in subparagraph ii of paragraph c of section 1029.8.36.0.3.63, determined in respect of the vendor, is deemed to be equal to the amount by which that amount, determined without reference to this subparagraph, exceeds the amount determined by the formula

C × D × E;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or in subparagraph ii of paragraph a of section 1029.8.36.0.3.63, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a pay period within the particular calendar year for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a pay period within the particular calendar year for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount, otherwise determined without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee, after the particular time, in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec but outside a designated site, other than an excluded employee of the purchaser, that the purchaser paid, after the particular time, in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in the course of the business in an establishment of the purchaser situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the purchaser that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year otherwise determined without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec, other than an excluded employee of the purchaser, that the purchaser paid, after the particular time, in respect of a pay period of the particular calendar year during which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in the course of the business in an establishment of the purchaser situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the purchaser that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, and

ii.  in respect of the particular calendar year, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is

i.  the salary or wages paid by the vendor to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec but outside a designated site, other than an excluded employee of the vendor, that the vendor paid in the course of carrying on any business in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60;

(c)  C is the aggregate of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, other than an excluded employee of the vendor, that the vendor paid in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(d)  D is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to c, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(e)  E is, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, the proportion that the number of days in the particular calendar year following the particular time is of 365, and, in any other case, 1.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees of the corporation assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2003, c. 9, s. 219; 2004, c. 21, s. 337; 2005, c. 23, s. 166; 2009, c. 5, s. 443.

1029.8.36.0.3.69.1. Subject to sections 1029.8.36.0.3.67 and 1029.8.36.0.3.68, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business the activities of which are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the particular taxation year, in relation to a particular recognized business:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61, subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 and subparagraph ii of paragraph a of section 1029.8.36.0.3.63, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × G,

ii.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the particular recognized business, is deemed, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 and paragraph a of section 1029.8.36.0.3.63, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

B × G,

iii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

C × G, and

iv.  the eligible amount of the vendor for the particular calendar year is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

D × G;

(b)  if the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year,

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or in subparagraph ii of paragraph c of section 1029.8.36.0.3.63, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i exceeds the amount determined by the formula

E × G, and

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.0.3.63 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph ii exceeds the amount determined by the formula

F × G;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61, subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or subparagraph ii of paragraph a of section 1029.8.36.0.3.63, as the case may be, to employees, in respect of a pay period, within the purchaser’s base period in relation to the particular recognized business, for which the employees are eligible employees, the amount determined by the formula

A × G,

ii.  to have paid, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.61, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or paragraph a of section 1029.8.36.0.3.63, as the case may be, to employees, in respect of a pay period, within the particular calendar year, for which the employees are eligible employees, in relation to the particular recognized business, the amount determined by the formula

B × G,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, in relation to the particular recognized business, and

(2)  the amount determined by the formula

C × G, and

iv.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount determined by the formula

D × G; and

(d)  if the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year,

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 or in subparagraph ii of paragraph c of section 1029.8.36.0.3.63, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph i, and

(2)  the amount determined by the formula

E × G, and

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.0.3.62 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.0.3.63 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph ii for the particular calendar year, and

(2)  the amount determined by the formula

F × G.

In the formulas in subparagraphs a to d of the first paragraph,

(a)  A is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph i of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, and

ii.  for the purposes of subparagraph i of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the recognized business, for which the employee is an eligible employee, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee who reports for work at an establishment of the vendor situated in a designated site, other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the purchaser’s base period in relation to the recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in a designated site or elsewhere, but in connection with the mandates attributable to that establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, unless an amount is included, in respect of the employee, in computing an amount determined under this subparagraph ii in relation to another recognized business;

(b)  B is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph ii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee in relation to the particular recognized business, and

ii.  for the purposes of subparagraph ii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee in relation to the recognized business, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages paid by the vendor to an employee who reports for work at an establishment of the vendor situated in a designated site, other than an excluded employee of the vendor, in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in a designated site or elsewhere, but in connection with the mandates attributable to that establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60;

(c)  C is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph iii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec but outside a designated site, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph i in relation to another recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph iii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in the course of carrying on the recognized business, in respect of a pay period, within the vendor’s base period in relation to the recognized business, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec but outside a designated site, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the vendor’s base period in relation to the recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph ii in relation to another recognized business, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the purchaser’s base period in relation to the recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph ii in relation to another recognized business;

(d)  D is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph iv of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the particular recognized business, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, other than an eligible employee of the vendor, in relation to the particular recognized business, or other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, and

ii.  for the purposes of subparagraph 2 of subparagraph iv of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the recognized business, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, other than an eligible employee of the vendor, in relation to the recognized business, or other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60;

(e)  E is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee who reports for work at an establishment of the vendor situated in Québec in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60, unless an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined for the particular calendar year under this subparagraph, in relation to another recognized business;

(f)  F is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee who reports for work at an establishment of the vendor situated in Québec in respect of a pay period, within the particular calendar year, throughout which the employee spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in an establishment of the vendor situated in Québec or elsewhere, but in connection with the mandates attributable to such an establishment, work that is directly related to activities of the vendor that are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.0.3.60; and

(g)  G is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to f, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time.

2009, c. 5, s. 444.

1029.8.36.0.3.69.2. For the purposes of sections 1029.8.36.0.3.69 and 1029.8.36.0.3.69.1, to determine whether a vendor and a purchaser are associated with each other at a particular time, the following rules apply:

(a)  if the vendor or purchaser is an individual (other than a trust), the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which are owned at the particular time by the individual;

(b)  if the vendor or purchaser is a partnership, the vendor or purchaser is deemed to be a corporation whose taxation year corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at the particular time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes the particular time; and

(c)  if the vendor or purchaser is a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this paragraph referred to as the “distribution date”), and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the particular time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the particular time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the particular time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the particular time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the particular time by the person referred to in that section from whom property of the trust or property for which it was substituted was directly or indirectly received.

2009, c. 5, s. 444; 2009, c. 15, s. 239.

1029.8.36.0.3.70. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of a particular corporation ends, in relation to a recognized business it carries on, and it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.0.3.65, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2003, c. 9, s. 219.

1029.8.36.0.3.71. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2003, c. 9, s. 219.

DIVISION II.6.0.1.8 CREDIT FOR MAJOR EMPLOYMENT-GENERATING PROJECTS

2006, c. 13, s. 129.

§ 1 . — Interpretation and general

2006, c. 13, s. 129.

1029.8.36.0.3.72. In this division,

“eligible contract” of a corporation means a contract in respect of which a qualification certificate is issued to the corporation by Investissement Québec, for the purposes of this division;

“eligible employee” of a corporation for all or part of a taxation year, in relation to an eligible contract, means an employee of the corporation, other than an excluded employee at any time in that year, who, in that year or part of the year, reports at an establishment of the corporation situated in Québec and in respect of whom a qualification certificate is issued to the corporation by Investissement Québec for the purposes of this division, in respect of all or part of the year, in relation to the eligible contract;

“excluded corporation” for a taxation year means a corporation that

(a)  is exempt from tax under Book VIII for the year;

(b)  would be exempt from tax under section 985 for the year, but for section 192; or

(c)  has made an election under the fourth or fifth paragraph of section 1029.8.36.0.3.80 for the year or a preceding taxation year;

“excluded employee” of a corporation at a particular time means an employee who, at that time, is a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of that corporation;

“qualified corporation” for a taxation year means a corporation in respect of which a qualification certificate valid for the year is issued by Investissement Québec for the purposes of this division;

“qualified wages” incurred by a qualified corporation in a taxation year in respect of an eligible employee for all or part of the taxation year means the lesser of

(a)  the amount obtained by multiplying $60,000 by the proportion that the number of days in the corporation’s taxation year during which the employee qualifies as an eligible employee of the corporation is of 365; and

(b)  the amount by which the amount of the wages incurred by the qualified corporation in respect of the employee in the year, while the employee qualified as an eligible employee of the qualified corporation, to the extent that that amount is paid, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before the qualified corporation’s filing-due date for that taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to the work carried out by the eligible employee under an eligible contract of the qualified corporation for the taxation year, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative;

“wages” means the income computed under Chapters I and II of Title II of Book III.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  if, during all or part of a taxation year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  unless subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(b)  if, during all or part of a taxation year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

2006, c. 13, s. 129; 2006, c. 36, s. 134; 2009, c. 15, s. 240.

§ 2 . — Credit

2006, c. 13, s. 129.

1029.8.36.0.3.73. A qualified corporation for a taxation year that, in the year, has an establishment in Québec and carries on an eligible business in Québec, other than an excluded corporation for the year, and that encloses the documents referred to in the fifth paragraph with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 25% of the aggregate of all amounts each of which is the qualified wages incurred by the qualified corporation after 31 December 2004 and in the year, but before 1 January 2017, in respect of an eligible employee, in relation to an eligible contract, for all or part of that year.

Despite the first paragraph and subject to the third paragraph, no corporation may be deemed to have paid an amount to the Minister for a taxation year, for the purposes of this division, in respect of more than 2,000 eligible employees.

If the corporation referred to in the first paragraph is associated in a taxation year with at least one other qualified corporation for the year, the reference to “2,000” in the second paragraph is to be replaced by the number of employees attributed to the corporation, in respect of the taxation year, in accordance with the agreement described in section 1029.8.36.0.3.74.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the following documents:

i.  the valid qualification certificate issued in respect of the corporation by Investissement Québec for the purposes of this division,

ii.  any valid qualification certificate issued to the corporation, for the purposes of this division, in respect of an eligible contract, and

iii.  any valid qualification certificate issued to the corporation for the year in relation to an eligible employee in respect of whom the corporation is deemed to have paid an amount for the year to the Minister under the first paragraph; and

(c)  if the third paragraph applies, the agreement described in section 1029.8.36.0.3.74 filed in prescribed form.

2006, c. 13, s. 129; 2006, c. 36, s. 135.

1029.8.36.0.3.74. The agreement to which the third paragraph of section 1029.8.36.0.3.73 refers in respect of a taxation year means an agreement under which all of the qualified corporations for the year that are associated with each other in the year, hereinafter called the “group of associated corporations”, attribute to each corporation, for the purposes of that third paragraph, a maximum number of eligible employees in respect of whom a qualified corporation is deemed to have paid an amount to the Minister for the purposes of this division; the total of the numbers so attributed to corporations that are members of the group of associated corporations for the taxation year is not to exceed 2,000.

If the total of the numbers attributed in the agreement described in the first paragraph, in respect of a taxation year, exceeds 2,000, the maximum number of eligible employees attributed to each corporation that is a member of the group of associated corporations for the year is deemed, for the purposes of the first paragraph, to be equal to the proportion of 2,000 that the number attributed for the year in the agreement to that corporation is of the total of the numbers attributed for the year in the agreement.

2006, c. 13, s. 129; 2006, c. 36, s. 136.

1029.8.36.0.3.75. Subject to sections 1010 to 1011 and for the purposes of this division, if Investissement Québec replaces or revokes a certificate issued to a corporation for a taxation year, the following rules apply:

(a)  a replaced certificate is null from the time it was issued or deemed issued and the new certificate is deemed to have been issued at that time for that taxation year; and

(b)  a revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2006, c. 13, s. 129.

§ 3 . — Government assistance, non-government assistance and other particulars

2006, c. 13, s. 129.

1029.8.36.0.3.76. If, before 1 January 2018, a corporation pays in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that has been taken into account for the purpose of computing qualified wages incurred in a particular taxation year by the corporation in respect of an eligible employee in respect of whom the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.73 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.0.3.73 in respect of the qualified wages, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.72, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.0.3.73 in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2006, c. 13, s. 129; 2006, c. 36, s. 137.

1029.8.36.0.3.77. For the purposes of section 1029.8.36.0.3.76, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, because of subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.72, the amount of the wages referred to in that paragraph b, for the purpose of computing qualified wages in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.73;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

2006, c. 13, s. 129; 2006, c. 36, s. 138.

1029.8.36.0.3.78. If it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a taxation year is to cause the maximum number of eligible employees set out in the second paragraph of section 1029.8.36.0.3.73, in respect of whom a corporation is deemed to have paid an amount to the Minister for a taxation year, not to be replaced by a smaller number in accordance with the third paragraph of section 1029.8.36.0.3.73 and section 1029.8.36.0.3.74, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2006, c. 13, s. 129.

DIVISION II.6.0.1.9 CREDIT FOR THE DEVELOPMENT OF E-BUSINESS

2009, c. 15, s. 241.

§ 1 . — Interpretation and general

2009, c. 15, s. 241.

1029.8.36.0.3.79. In this division,

“biotechnology development centre” has the meaning assigned by the first paragraph of section 771.1;

“eligibility period” of a corporation for a taxation year means the part of the year within the period that begins on 14 March 2008 and ends on 31 December 2015;

“eligible activity” of a corporation for a taxation year means an activity that the corporation carries on in the year and that is covered by the qualification certificate referred to in the first paragraph of section 1029.8.36.0.3.80 that Investissement Québec issues to the corporation for the year;

“eligible employee” of a corporation for all or part of a taxation year means an employee of the corporation, other than an excluded employee at any time in the year, who, in the year or part of the year, reports for work at an establishment of the corporation situated in Québec and in respect of whom a qualification certificate to the effect that the employee is an eligible employee for all or part of the year is issued to the corporation for the year by Investissement Québec for the purposes of this division;

“excluded corporation” for a taxation year means

(a)  a corporation that is exempt from tax for the year under Book VIII; or

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

“excluded employee” of a corporation at a particular time means an employee who, at that time, is a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of that corporation;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation, that, in the year, carries on a business in Québec and has an establishment in Québec;

“qualified wages” incurred by a qualified corporation in a taxation year in respect of an eligible employee for all or part of the taxation year means the lesser of

(a)  the amount obtained by multiplying $66,667 by the proportion that the number of days in the qualified corporation’s eligibility period for the year during which the employee qualifies as an eligible employee of the qualified corporation is of 365; and

(b)  the amount by which the amount of the wages incurred by the qualified corporation in respect of the employee, in the qualified corporation’s eligibility period for the year, while the employee qualifies as an eligible employee of the qualified corporation, to the extent that that amount is paid, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before the qualified corporation’s filing-due date for the taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to work carried out by the eligible employee in connection with an eligible activity of the qualified corporation for the taxation year that a person or partnership has received, is entitled to receive or may reasonably expect to receive, on or before the qualified corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative;

“wages” means the income computed under Chapters I and II of Title II of Book III.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  if, during all or part of a taxation year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  unless subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(b)  if, during all or part of a taxation year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

2009, c. 15, s. 241.

§ 2 . — Credit

2009, c. 15, s. 241.

1029.8.36.0.3.80. A qualified corporation that holds, for a taxation year, a valid qualification certificate issued by Investissement Québec for the purposes of this division and that encloses with the fiscal return it is required to file for the year under section 1000 a copy of the certificate as well as the documents described in the third paragraph is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 30% of the aggregate of all amounts each of which is the qualified wages incurred by the corporation in the year in respect of an eligible employee for all or part of that year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of the valid qualification certificate issued to the corporation for the year by Investissement Québec in respect of an eligible employee for the purposes of this division.

Despite the first paragraph, a corporation that is described in the sixth paragraph in relation to a taxation year, that made no election under this paragraph or under the fifth paragraph for a preceding taxation year and that is not required to make the election described in the fifth paragraph for the year, may be deemed to have paid to the Minister an amount determined under this section for the year only if the corporation so elects irrevocably for the year in the manner and within the time specified in the seventh paragraph.

Despite the first paragraph, if corporations are associated with each other in a taxation year, all those corporations together being referred to in this section as the “group of associated corporations” for the year, if a particular corporation that is a member of the group of associated corporations for the year holds a valid qualification certificate issued for the year by Investissement Québec for the purposes of this division, if at least one other corporation that is a member of the group for the year did not make the election under the fourth paragraph or under this paragraph for a preceding taxation year and if at least one corporation that is a member of the group of associated corporations for the year, other than the particular corporation, is a corporation described in the sixth paragraph in relation to that year, the particular corporation may be deemed to have paid to the Minister an amount determined under this section for the year only if all the corporations that are members of the group for the year jointly and irrevocably elect, in the manner and within the time specified in the eighth paragraph, that this section apply to the particular corporation for the year.

A corporation to which the fourth and fifth paragraphs refer, in relation to a particular taxation year, is

(a)  a corporation that is deemed to have paid an amount to the Minister on account of its tax payable for a taxation year preceding the particular year under any of Divisions II.6.0.1.6, II.6.0.1.8 and II.6.0.3 or that is deemed, under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), to have made an overpayment to the Minister for that preceding year for the purposes of Division I of Chapter IV of that Act; or

(b)  a corporation that carries on an eligible business in a biotechnology development centre in the particular year or that entered into a contract that qualifies as an eligible contract of the corporation for the year for the purposes of Division II.6.0.1.8.

A corporation makes the election under the fourth paragraph, in respect of a taxation year, by filing the prescribed form containing prescribed information with the Minister on or before the corporation’s filing-due date for the year.

The corporations that are members of a group of associated corporations for a particular taxation year make the election under the fifth paragraph for the particular year by filing the prescribed form containing prescribed information with the Minister on or before the earliest of the filing-due dates of the members of the group for the year.

2009, c. 15, s. 241.

1029.8.36.0.3.81. Subject to sections 1010 to 1011 and for the purposes of this division, if Investissement Québec replaces or revokes a certificate that was issued to a corporation for a taxation year, the following rules apply:

(a)  a replaced certificate is null from the time it was issued or deemed issued and the new certificate is deemed to have been issued at that time for that taxation year; and

(b)  a revoked certificate is null from the time the revocation becomes effective.

A revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2009, c. 15, s. 241.

§ 3 . — Government assistance and non-government assistance

2009, c. 15, s. 241.

1029.8.36.0.3.82. If, before 1 January 2018, a corporation pays in a taxation year (in this section referred to as the “repayment year”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages incurred in a particular taxation year by the corporation in respect of an eligible employee and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.80 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on its balance due-day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year in respect of the qualified wages under section 1029.8.36.0.3.80 if any amount of assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.79, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.80 for the particular year in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2009, c. 15, s. 241.

1029.8.36.0.3.83. For the purposes of section 1029.8.36.0.3.82, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, because of subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.79, the amount of the wages referred to in that paragraph b, for the purpose of computing qualified wages in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.80;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

2009, c. 15, s. 241.

DIVISION II.6.0.2

Repealed, 2003, c. 9, s. 220.

1997, c. 85, s. 257; 2003, c. 9, s. 220.

§ 1 . —

Repealed, 2003, c. 9, s. 220.

1997, c. 85, s. 257; 2003, c. 9, s. 220.

1029.8.36.0.4. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 199; 2000, c. 39, s. 164; 2001, c. 51, s. 140; 2001, c. 53, s. 260; 2001, c. 69, s. 12; 2003, c. 9, s. 220.

§ 2 . —

Repealed, 2003, c. 9, s. 220.

1997, c. 85, s. 257; 2003, c. 9, s. 220.

1029.8.36.0.5. (Repealed).

1997, c. 85, s. 257; 1998, c. 17, s. 64; 1999, c. 83, s. 200; 2000, c. 39, s. 165; 2001, c. 51, s. 141; 2001, c. 69, s. 12; 2003, c. 9, s. 220.

1029.8.36.0.5.1. (Repealed).

1999, c. 83, s. 201; 2000, c. 39, s. 166; 2001, c. 51, s. 142; 2001, c. 69, s. 12; 2003, c. 9, s. 220.

1029.8.36.0.5.2. (Repealed).

1999, c. 83, s. 201; 2000, c. 39, s. 167; 2003, c. 9, s. 220.

1029.8.36.0.5.3. (Repealed).

1999, c. 83, s. 201; 2000, c. 39, s. 168; 2001, c. 51, s. 143; 2003, c. 9, s. 220.

1029.8.36.0.6. (Repealed).

1997, c. 85, s. 257; 1998, c. 17, s. 64; 1999, c. 83, s. 202; 2000, c. 39, s. 169; 2001, c. 51, s. 144; 2001, c. 69, s. 12; 2003, c. 9, s. 220.

1029.8.36.0.7. (Repealed).

1997, c. 85, s. 257; 1998, c. 17, s. 64; 1999, c. 83, s. 202; 2001, c. 51, s. 145; 2001, c. 69, s. 12; 2003, c. 9, s. 220.

1029.8.36.0.8. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 202; 2000, c. 39, s. 170; 2001, c. 51, s. 146; 2003, c. 9, s. 220.

§ 3 . —

Repealed, 2003, c. 9, s. 220.

1997, c. 85, s. 257; 2003, c. 9, s. 220.

1029.8.36.0.9. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 202; 2003, c. 9, s. 220.

1029.8.36.0.10. (Repealed).

1997, c. 85, s. 257; 1998, c. 16, s. 229; 1999, c. 83, s. 203; 2000, c. 39, s. 171; 2002, c. 40, s. 145; 2003, c. 9, s. 220.

1029.8.36.0.11. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 204; 2000, c. 39, s. 172; 2002, c. 40, s. 146; 2003, c. 9, s. 220.

1029.8.36.0.12. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 205; 2000, c. 39, s. 173; 2001, c. 7, s. 169; 2003, c. 9, s. 220.

1029.8.36.0.13. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 206; 2001, c. 7, s. 169; 2003, c. 9, s. 220.

1029.8.36.0.14. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 207; 2000, c. 39, s. 174; 2003, c. 9, s. 220.

1029.8.36.0.15. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 207; 2003, c. 9, s. 220.

1029.8.36.0.16. (Repealed).

1997, c. 85, s. 257; 1999, c. 83, s. 207; 2000, c. 39, s. 175; 2002, c. 9, s. 75.

DIVISION II.6.0.3 CREDITS TO FOSTER THE DEVELOPMENT OF THE NEW ECONOMY

§ 1 . — Interpretation and general

2000, c. 39, s. 176.

1029.8.36.0.17. In this division,

“acquisition costs” incurred by a corporation in respect of qualified property means the aggregate of the costs incurred by the corporation to acquire the property and that are included in the capital cost of the property, other than the costs so included under section 180 or 182;

“associated group” in a taxation year means the group formed by all of the corporations that are associated with each other in the year;

“biotechnology development centre” has the meaning assigned by the first paragraph of section 771.1;

“Centre national des nouvelles technologies de Québec” means all the premises designated as such by Investissement Québec;

“Cité du multimédia” means all the buildings designated as such by the Minister of Finance;

“contract payment” means an amount payable under a contract by the Government of Canada or of a province, by a municipality or other public authority in Canada or by a person exempt from tax under this Part by reason of Book VIII, to the extent that it may reasonably be considered that the amount payable relates to the acquisition or lease of qualified property, to the lease of an eligible facility, or to the payment of qualified wages by a corporation up to the amount incurred in respect of that property, that facility or those wages by that corporation;

“designated site” means

(a)  a biotechnology development centre;

(b)  a new economy centre;

(c)  the Centre national des nouvelles technologies de Québec; or

(d)  the Cité du multimédia;

“eligibility period” of a corporation means, subject to subparagraphs c and d of the first paragraph of section 1029.8.36.0.18.2

(a)  for the purpose of determining the amount of qualified wages paid by the corporation in a taxation year, the period that begins on the particular day that is the later of the day of coming into force of the certificate referred to in paragraph a of section 771.12 that was issued in respect of the corporation and the corporation’s reference date, if the certificate was issued after 10 March 2003, or the latest of the day on which the corporation’s first taxation year begins, the day of coming into force of that certificate and the corporation’s reference date, in any other case, and that ends on the earlier of the day that precedes the day on which the corporation ceases to be an exempt corporation and

i.  31 December 2010, if any of the following days is before 1 January 2001:

(1)  the day of coming into force of the certificate, where it is issued after 10 March 2003, or

(2)  the later of the day on which the corporation’s first taxation year begins and the day of coming into force of the certificate, in any other case,

ii.  the last day of the ten-year period that begins on the particular day, if any of the following days is after 31 December 2000 and before 1 January 2004:

(1)  the day of coming into force of the certificate, where it is issued after 10 March 2003, or

(2)  the later of the day on which the corporation’s first taxation year begins and the day of coming into force of the certificate, in any other case, or

iii.  31 December 2013, if the day of coming into force of the certificate is after 31 December 2003;

(b)  for the purpose of determining the amount that the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25 in relation to rental expenses paid in respect of qualified property, or under section 1029.8.36.0.25.1, the five-year period that begins,

i.  where the corporation is an exempt corporation or a specified corporation in respect of a biotechnology development centre that was an exempt corporation for a preceding taxation year, on the later of the day of coming into force of the certificate referred to in paragraph a of section 771.12 that was issued in respect of the corporation and the corporation’s reference date, if that certificate was issued after 10 March 2003, or on the latest of the day on which the corporation’s first taxation year begins, the day of coming into force of that certificate and the corporation’s reference date, in any other case, or

ii.  where the corporation is a specified corporation in respect of a biotechnology development centre other than a corporation referred to in subparagraph i, on the date indicated for that purpose on the certificate that was issued to the corporation for the year in respect of a specified activity, in relation to that centre; or

(c)  for the purpose of determining the amount that the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25 in relation to acquisition costs incurred in respect of qualified property, the three-year period that begins,

i.  where the corporation is an exempt corporation or a specified corporation in respect of a biotechnology development centre that was an exempt corporation for a preceding taxation year, on the later of the day of coming into force of the certificate referred to in paragraph a of section 771.12 that was issued in respect of the corporation and the corporation’s reference date, if that certificate was issued after 10 March 2003, or on the latest of the day on which the corporation’s first taxation year begins, the day of coming into force of that certificate and the corporation’s reference date, in any other case, or

ii.  where the corporation is a specified corporation in respect of a biotechnology development centre other than a corporation referred to in subparagraph i, on the date indicated for that purpose on the certificate that was issued to the corporation for the year in respect of a specified activity, in relation to that centre;

“eligible employee” of a corporation for part or all of a taxation year means an individual in respect of whom a certificate is issued to the corporation for the year by Investissement Québec for the purposes of this division, certifying that the individual is an eligible employee of the corporation for part or all of the year;

“eligible facility” of a person in relation to a biotechnology development centre means a facility in respect of which a certificate was issued to the person by Investissement Québec for the purposes of this division;

“eligible rental expenses” incurred by a corporation in respect of an eligible facility means the aggregate of all expenses incurred by the corporation for the lease of the facility, including expenses attributable to property that is necessary for the use of the facility and that is consumed in connection with that use and to a person’s wages or compensation for services rendered in connection with that use, to the extent that, where the corporation is a specified corporation in respect of a biotechnology development centre, the facility is leased for the carrying out of a specified activity of the corporation in relation to that centre;

“exempt corporation” for a taxation year means a corporation referred to in paragraph a of section 771.12 that, as the case may be,

(a)  for the purposes of the definition of “specified corporation” and section 1029.8.36.0.19, would be an exempt corporation for the year within the meaning of sections 771.12 and 771.13 if section 771.12 were read without reference to paragraph d thereof; and

(b)  in any other case, is an exempt corporation for the year within the meaning of sections 771.12 and 771.13;

“information technology development centre” has the meaning assigned by section 771.1;

“new economy centre” has the meaning assigned by section 771.1;

“qualified centre” means

(a)  a biotechnology development centre;

(b)  an information technology development centre; or

(c)  a new economy centre;

“qualified property” of a corporation means depreciable property that the corporation acquires or property that is leased by the corporation, and

(a)  that, before being acquired or leased by the corporation, has not been used for any purpose whatsoever nor acquired for use for a purpose other than lease to an exempt corporation or, where it was acquired after 30 March 2004, to a specified corporation in respect of a biotechnology development centre;

(b)  where the property is leased by the corporation, the lease began during one of the first three years of the eligibility period of the corporation that applies for the purpose of establishing the amount that the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25 in relation to rental expenses paid in respect of the qualified property;

(c)  that the corporation begins to use within a reasonable time after its acquisition or lease;

(d)  that the corporation uses principally in a qualified centre and, exclusively or almost exclusively, to earn income from,

i.  where the corporation is an exempt corporation, a business it carries on in that centre, or

ii.  where the corporation is a specified corporation and the qualified centre is a biotechnology development centre, the part of a business it carries on in that centre that may reasonably be attributed to the carrying out of a specified activity; and

(e)  in respect of which Investissement Québec has issued a certificate for the purposes of this division or Division II.6.0.2, as it read before being repealed;

“qualified wages” paid in a taxation year by a corporation to an eligible employee means the lesser of

(a)  the amount established for the year pursuant to the first paragraph of section 1029.8.36.0.18 in relation to the eligible employee; and

(b)  the aggregate of all amounts each of which is the amount by which the wages paid by the corporation to the employee, while the employee qualified as an eligible employee of the corporation, for a pay period ending at a time in the taxation year that is within the corporation’s eligibility period and that may reasonably be considered to be paid by the corporation in the course of carrying on a business in a qualified centre, exceeds the aggregate of

i.  the amount of any contract payment, government assistance and non-government assistance, attributable to the wages, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of the wages, other than wages that may reasonably be attributed to work done by the eligible employee in the course of the eligible employee’s employment with the corporation for the year, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain after 21 April 2005 and on or before the corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner;

“reference date” of a corporation means

(a)  if the corporation carries on or may carry on its business in an information technology development centre, 26 March 1997;

(b)  if the corporation carries on or may carry on its business in the Cité du multimédia, 16 June 1998;

(c)  if the corporation carries on or may carry on its business in a new economy centre or the Centre national des nouvelles technologies de Québec, 10 March 1999; and

(d)  if the corporation carries on or may carry on its business in a biotechnology development centre, 30 March 2001;

“rental expenses” paid by a corporation in respect of qualified property means the aggregate of the expenses paid by the corporation for the lease of the property to the extent that they are deductible in computing the income of the corporation under this Part;

“specified activity” of a corporation in relation to a designated site for a taxation year means an activity that the corporation carries out in the site in the year and in respect of which Investissement Québec issues a certificate to the corporation for the year and for the purposes of this division, certifying that the activity is,

(a)  if the designated site is a biotechnology development centre, an activity related to biotechnologies;

(b)  if the designated site is a new economy centre, an activity related to the new economy; and

(c)  if the designated site is the Centre national des nouvelles technologies de Québec or the Cité du multimédia, an activity related to information technologies or multimedia;

“specified corporation” in respect of a designated site for a taxation year means, subject to subparagraph b of the first paragraph of section 1029.8.36.0.18.2, a corporation that

(a)  in the year, has an establishment in Québec and carries on a qualified business in Québec;

(b)  does not include

i.  a corporation that is exempt from tax for the year under Book VIII,

ii.  a corporation that would be exempt from tax for the year under section 985, but for section 192,

iii.  an exempt corporation for the year,

iv.  a corporation control of which is acquired by a person or group of persons at the beginning of the year or of a preceding taxation year, but between 11 June 2003 and 31 March 2004, where the corporation carries on or may carry on its business in a biotechnology development centre, or after 11 June 2003, in any other case, unless acquiring control of the corporation

(1)  occurs before 1 July 2004 and Investissement Québec certifies that the acquisition of control results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

(2)  is by a specified corporation, by a person or group of persons that controls a specified corporation, or by a group of persons each member of which is a specified corporation or a person who, alone or together with other members of the group, controls such a corporation,

(3)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

(4)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003; or

v.  a corporation that has made an election under the fourth or fifth paragraph of section 1029.8.36.0.3.80 for the year or a preceding taxation year; and

(c)  obtains for the year a certificate issued to the corporation by Investissement Québec for the purposes of this division, certifying that the corporation carries out or may carry out in the year in the designated site a specified activity in relation to that site;

“specified employee” of a corporation for part or all of a taxation year means an individual in respect of whom a certificate is issued to the corporation for the year by Investissement Québec for the purposes of this division, certifying that the individual is a specified employee of the corporation for part or all of the year;

“specified period” of a corporation for a taxation year in respect of a designated site means the portion of the year in the period that begins on the reference date of the corporation in respect of the site and that ends, as the case may be,

(a)  where the corporation is, throughout the year, a specified corporation in respect of the designated site, on

i.  31 December 2010, if the effective date of the certificate referred to in paragraph c of the definition of “specified corporation” that was issued to the corporation for its first taxation year in which the corporation carried on or could carry on its business in any designated site is before 1 January 2001, or the last day of the 10-year period that begins on that effective date if that date is before 1 January 2004 but after 31 December 2000, or

ii.  31 December 2013, in any other case; and

(b)  where the corporation ceases in the year to be a specified corporation in respect of the designated site, the earlier of the day preceding the day on which the corporation so ceases and the date that would be determined pursuant to paragraph a if that paragraph applied to the corporation for that year;

“specified wages” incurred by a corporation in a taxation year in respect of a specified employee of a designated site means the lesser of

(a)  the proportion of the amount established for the year pursuant to the second paragraph of section 1029.8.36.0.18 in relation to the specified employee that the working time spent by that employee on a specified activity of the corporation in relation to the designated site in the year is of the aggregate of the employee’s working time for the year as a specified employee of the corporation; and

(b)  the amount by which the amount of the wages incurred by the corporation in respect of the employee in the specified period of the corporation for the year in respect of the designated site, while the employee qualified as a specified employee of the corporation, to the extent that that amount is paid and that it may reasonably be considered to relate to the carrying out in the year of a specified activity in relation to the designated site having regard to the time spent thereon by the employee, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such wages, that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to work carried out by the specified employee in connection with the carrying out of the specified activity of the corporation for the year, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner;

“wages” means the income computed under Chapters I and II of Title II of Book III.

For the purposes of the definition of “specified activity” in the first paragraph, a corporation is deemed to carry out a specified activity in a designated site in the part of a taxation year for which it is authorized by Investissement Québec to carry on its business outside that site, if the activity is carried out in Québec in that part of the year.

For the purposes of paragraph a of the definition of “qualified property” in the first paragraph, where a corporation acquires depreciable property from a person, the property acquired by the corporation is deemed not to have been used for any purpose whatever before its acquisition by the corporation nor to have been acquired, before that acquisition, for use for a purpose other than lease to an exempt corporation, if the corporation continues the carrying out of a project of the person and

(a)  the person did not acquire the property before the reference date of the corporation;

(b)  the property has not been used, or acquired for use or lease, for any purpose whatever before being acquired by the person; and

(c)  the person used the property only in connection with the project the carrying out of which is continued by the corporation.

For the purposes of paragraph d of the definition of “qualified property” in the first paragraph, where, at any time that is not before the corporation’s reference date, a corporation has acquired or leased property that is used by the corporation in the course of carrying on a business and that would be qualified property of the corporation if the definition of “qualified property” were read without reference to paragraph d thereof, the corporation is deemed to use the property principally in a qualified centre and, exclusively or almost exclusively, to earn income from a business it carries on in that centre, throughout the period that begins at that time and that ends on the day on which Investissement Québec issues a certificate referred to in paragraph a of section 771.12 to the corporation.

Despite paragraphs b and c of the definition of “eligibility period” in the first paragraph, the eligibility period of a corporation that is a specified corporation in respect of a biotechnology development centre for a taxation year does not include the part of any taxation year that begins at the time the corporation ceases to be a specified corporation in respect of that centre for that year.

Despite the definition of “eligibility period” in the first paragraph, the eligibility period of a corporation that is an exempt corporation does not include the part of a taxation year that is described in the fourth paragraph of section 771.1.

For the purpose of applying the definition of “specified period” in the first paragraph to a corporation that is a member of an associated group in its first taxation year in which the corporation carries on or may carry on its business in a particular designated site, the effective date of the certificate that was issued to the corporation for its first taxation year in which the corporation carried on or could carry on its business in any designated site to which subparagraph i of paragraph a of that definition refers is deemed to be the earliest of all the dates each of which is the effective date of the certificate that was issued to a member of that associated group for the member’s first taxation year in which the member carried on or could carry on business in such a site.

If any corporation that has been an exempt corporation for a taxation year subsequently becomes a specified corporation, the date of coming into force of the certificate, referred to in paragraph a of section 771.12, that was issued in respect of that corporation is deemed, for the purposes of the definition of “specified period” in the first paragraph and of the seventh paragraph, to be the date of coming into force of the certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph that was issued to that corporation for its first taxation year in which it carried on or could carry on its business in any designated site.

For the purposes of the definition of “specified wages” in the first paragraph, a specified employee who spends 90% or more of working time on a specified activity is deemed to spend all working time thereon.

Subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph does not apply for a taxation year to a corporation that carries on or may carry on its business in a biotechnology development centre if, after 30 March 2004, Investissement Québec has issued to the corporation a certificate, referred to in paragraph c of that definition, for the year.

2000, c. 39, s. 176; 2001, c. 7, s. 169; 2001, c. 51, s. 147; 2001, c. 53, s. 260; 2001, c. 69, s. 12; 2002, c. 9, s. 76; 2003, c. 9, s. 221; 2004, c. 21, s. 338; 2005, c. 23, s. 167; 2005, c. 38, s. 255; 2006, c. 13, s. 130; 2006, c. 36, s. 139; 2007, c. 12, s. 175; 2009, c. 15, s. 242.

1029.8.36.0.18. The amount to which paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.17 refers for a taxation year of a corporation in relation to an eligible employee is equal,

(a)  where the corporation carries on or may carry on its business in a new economy centre and its taxation year ends before 16 June 1999, to the amount obtained by multiplying $41,667 by the proportion that the number of days in the taxation year that are within the eligibility period of the corporation during which the employee qualifies as an eligible employee of the corporation is of 365;

(b)  where the corporation carries on or may carry on its business in a new economy centre and its taxation year includes 16 June 1999, to the aggregate of

i.  the amount obtained by multiplying $41,667 by the proportion that the number of days in the taxation year before 16 June 1999 that are within the eligibility period of the corporation during which the employee qualifies as an eligible employee of the corporation is of 365, and

ii.  the amount obtained by multiplying $37,500 by the proportion that the number of days in the taxation year after 15 June 1999 that are within the eligibility period of the corporation during which the employee qualifies as an eligible employee of the corporation is of 365; and

(c)  in any other case, to the amount obtained by multiplying $37,500 by the proportion that the number of days in the taxation year that are within the eligibility period of the corporation during which the employee qualifies as an eligible employee of the corporation is of 365.

The amount to which paragraph a of the definition of “specified wages” in the first paragraph of section 1029.8.36.0.17 refers for a taxation year of a corporation in relation to a specified employee of a designated site is equal to the amount obtained by multiplying $37,500 by the proportion that the number of days in the specified period of the corporation for the year in respect of the designated site during which the employee qualifies as a specified employee of the corporation is of 365.

2000, c. 39, s. 176; 2003, c. 9, s. 222.

1029.8.36.0.18.1. For the purposes of sections 1029.8.36.0.19 and 1029.8.36.0.20, a corporation is deemed to be an exempt corporation for the taxation year in which it ceases to be an exempt corporation.

2003, c. 9, s. 223.

1029.8.36.0.18.2. If, following an acquisition of control referred to in subparagraph f of the first paragraph of section 771.13 or an election made under subparagraph g of that paragraph, a corporation ceases to be an exempt corporation at the beginning of the taxation year that follows the taxation year in which the acquisition of control occurs or the election becomes effective, the following rules apply, as the case may be:

(a)  for the purposes of subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, the corporation is deemed to be a specified corporation at the time of the acquisition of control;

(b)  if the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17 applies to the corporation for the taxation year in which the acquisition of control occurs or the election becomes effective, it is to be read without reference to its subparagraph iii of paragraph b;

(c)  for the purposes of paragraph a of the definition of “eligibility period” in the first paragraph of section 1029.8.36.0.17, the day on which the acquisition of control occurs or the election becomes effective is deemed to be the day on which the corporation ceases to be an exempt corporation; and

(d)  if the acquisition of control occurs or the election becomes effective before the end of the five-year period described in paragraph b of the definition of “eligibility period” in the first paragraph of section 1029.8.36.0.17, or before the end of the three-year period described in paragraph c of that definition, the eligibility period ends immediately before the acquisition of control occurs or on the day before that on which the election becomes effective, as the case may be.

If, after 30 March 2004, Investissement Québec issues a certificate, referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, for a taxation year, to a corporation that carries on or may carry on its business in a biotechnology development centre, no reference is to be made to subparagraph d of the first paragraph in computing the amount that the corporation is deemed to have paid to the Minister for that taxation year under section 1029.8.36.0.25 or 1029.8.36.0.25.1.

2007, c. 12, s. 176.

§ 2 . — Credits

2000, c. 39, s. 176.

1029.8.36.0.19. A corporation that is an exempt corporation for a taxation year and that encloses the documents referred to in the second paragraph with the fiscal return it is required to file for the year under section 1000 is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which 40% of the qualified wages paid by the corporation in the year to an eligible employee exceeds the amount established for the year under section 1029.8.36.0.23 in relation to the qualified wages.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate issued by Investissement Québec to the corporation for the year in respect of the eligible employee for the purposes of this division.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 148; 2001, c. 69, s. 12; 2003, c. 9, s. 224.

1029.8.36.0.20. A corporation that is an exempt corporation for a taxation year is deemed, subject to the fourth paragraph, where that year is the first year during which the corporation so qualifies and the corporation encloses the documents referred to in the second paragraph with the fiscal return it is required to file for the year under section 1000, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the aggregate of all amounts each of which is the amount by which 40% of the qualified wages paid by the corporation in a preceding taxation year to an eligible employee exceeds the amount established under section 1029.8.36.0.23 in relation to the qualified wages.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate issued by Investissement Québec to the corporation in respect of the eligible employee for a preceding taxation year and for the purposes of this division or Division II.6.0.2, as it read before being repealed.

For the purposes of the first paragraph and section 1029.8.36.0.23, and notwithstanding the first paragraph of section 1029.8.36.0.17, “eligible employee” and “qualified wages” have the meaning assigned by section 1029.8.36.0.4, as it read for the preceding taxation year in which the wages were paid, where

(a)  the corporation carries on or may carry on its business in an information technology development centre; and

(b)  the preceding taxation year began before 21 December 2001.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 149; 2001, c. 69, s. 12; 2003, c. 9, s. 225.

1029.8.36.0.21. Where a corporation carries on or may carry on its business in a new economy centre and a taxation year of the corporation is, in whole or in part, within a particular period that is between 9 March 1999 and 16 June 1999, for the purpose of determining the amount that the corporation is deemed to have paid to the Minister, in accordance with section 1029.8.36.0.19 or 1029.8.36.0.20, in respect of the qualified wages paid by the corporation to an eligible employee in that taxation year, each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.19 or 1029.8.36.0.20, as the case may be, and in subparagraph a of the first paragraph of section 1029.8.36.0.23, shall be replaced by a rate of 60% in respect of the portion of the qualified wages that may reasonably be considered to be attributable to wages paid to the eligible employee in the portion of that taxation year within the particular period.

Notwithstanding the first paragraph, where the qualified wages paid by the corporation to an eligible employee, in a taxation year of the corporation all or part of which is within the particular period, are an amount established in accordance with subparagraph a or b of the first paragraph of section 1029.8.36.0.18, the following rules apply for the purpose of determining the amount that the corporation is deemed to have paid to the Minister, in accordance with section 1029.8.36.0.19 or 1029.8.36.0.20, in respect of the qualified wages:

(a)  each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.19 or 1029.8.36.0.20, as the case may be, and in subparagraph a of the first paragraph of section 1029.8.36.0.23, is replaced by a rate of 60% in respect of the lesser of the qualified wages paid by the corporation to the eligible employee in the taxation year and the portion of the qualified wages that could reasonably be considered to be attributable to wages paid to the eligible employee in the portion of that taxation year within the particular period, if the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.17 were read without reference to “the lesser of” in the portion before paragraph a and to paragraph a; and

(b)  each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.19 or 1029.8.36.0.20, as the case may be, and in subparagraph a of the first paragraph of section 1029.8.36.0.23, applies only in respect of the amount by which the qualified wages paid by the corporation to the eligible employee in the taxation year exceed the amount established in accordance with subparagraph a in respect of the qualified wages.

2000, c. 39, s. 176; 2003, c. 9, s. 226.

1029.8.36.0.21.1. Where a corporation carries on or may carry on its business in an information technology development centre and a taxation year of the corporation is, in whole or in part, within a particular period that is between 15 June 1998 and 16 June 1999, for the purpose of determining the amount that the corporation is deemed to have paid to the Minister, in accordance with section 1029.8.36.0.20, in respect of the qualified wages paid by the corporation to an eligible employee in that taxation year, each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.20 and in subparagraph a of the first paragraph of section 1029.8.36.0.23 shall be replaced by a rate of 60% in respect of the portion of the qualified wages that may reasonably be considered to be attributable to wages paid to the eligible employee in the portion of that taxation year within the particular period.

Notwithstanding the first paragraph, where the qualified wages paid by the corporation to an eligible employee, in a taxation year of the corporation all or part of which is within the particular period, are an amount established in accordance with any of subparagraphs a to d of the second paragraph of section 1029.8.36.0.4, as it read for that taxation year, the following rules apply for the purpose of determining the amount that the corporation is deemed to have paid to the Minister, in accordance with section 1029.8.36.0.20, in respect of the qualified wages:

(a)  each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.20 and in subparagraph a of the first paragraph of section 1029.8.36.0.23 is replaced by a rate of 60% in respect of the lesser of the qualified wages paid by the corporation to the eligible employee in the taxation year and the portion of the qualified wages that could reasonably be considered to be attributable to wages paid to the eligible employee in the portion of that taxation year within the particular period, if the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.4 were read for that taxation year without reference to “the lesser of” in the portion before paragraph a and to paragraph a; and

(b)  each of the rates of 40% referred to in the first paragraph of section 1029.8.36.0.20 and in subparagraph a of the first paragraph of section 1029.8.36.0.23 applies only in respect of the amount by which the qualified wages paid by the corporation to the eligible employee in the taxation year exceed the amount determined in accordance with subparagraph a in respect of the qualified wages.

For the purposes of this section and notwithstanding the first paragraph of section 1029.8.36.0.17, “eligible employee” and “qualified wages” have the meaning assigned by section 1029.8.36.0.4, as it read for the taxation year.

2003, c. 9, s. 227.

1029.8.36.0.21.2. For the purpose of determining the amount that a corporation that carries on or may carry on its business in a biotechnology development centre is deemed to have paid to the Minister, on account of its tax payable for a taxation year, in accordance with section 1029.8.36.0.19 or 1029.8.36.0.20, each of the rates of 40% referred to in the first paragraph of that section and in subparagraph a of the first paragraph of section 1029.8.36.0.23 is replaced by a rate of 30% if

(a)  the certificate referred to in paragraph a of section 771.12 that is held by the corporation provides for the application of that reduced rate; or

(b)  control of the corporation was acquired at the beginning of the year or of a preceding taxation year, but after 11 June 2003, by a person or a group of persons.

However, the condition set out in subparagraph b of the first paragraph is deemed not to be met if the acquisition of control

(a)  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date;

(b)  is by an exempt corporation, by a person or group of persons that controls an exempt corporation, or by a group of persons each member of which is an exempt corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003; or

(d)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003.

2005, c. 23, s. 168; 2006, c. 13, s. 131.

1029.8.36.0.22. A corporation that is a specified corporation in respect of a designated site for a taxation year and that encloses the documents referred to in the third paragraph with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount by which 40% of the specified wages incurred by the corporation in the year in respect of a specified employee of the site exceeds the amount established for the year under section 1029.8.36.0.24 in relation to the specified wages.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(a.1)  a copy of the unrevoked certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17 issued to the corporation for the year by Investissement Québec for the purposes of this division;

(b)  a copy of the unrevoked certificate issued to the corporation for the year by Investissement Québec for the purposes of this division in respect of a specified activity, in relation to the designated site, on which the specified employee spends all or part of the employee’s working time; and

(c)  a copy of the unrevoked certificate issued to the corporation for the year by Investissement Québec in respect of the specified employee for the purposes of this division.

2000, c. 39, s. 176; 2001, c. 51, s. 150; 2001, c. 69, s. 12; 2003, c. 9, s. 228.

1029.8.36.0.22.1. For the purpose of determining the amount that a corporation that carries on or may carry on its business in a biotechnology development centre is deemed to have paid to the Minister, on account of its tax payable for a taxation year, in accordance with section 1029.8.36.0.22, each of the rates of 40% referred to in the first paragraph of that section and in subparagraph a of the first paragraph of section 1029.8.36.0.24 is replaced by a rate of 30% if

(a)  the certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17, that is issued to the corporation for the year provides for the application of that reduced rate;

(b)  subject to the second paragraph, control of the corporation was acquired at the beginning of the year or of a preceding taxation year, but after 30 March 2004, by a person or a group of persons;

(c)  section 1029.8.36.0.21.2 applied to the corporation for a preceding taxation year for the purpose of determining the amount that the corporation is deemed to have paid to the Minister, on account of its tax payable for that taxation year, in accordance with section 1029.8.36.0.19 or 1029.8.36.0.20; or

(d)  the corporation ceased to be a specified corporation at the beginning of a preceding taxation year by reason of the application of subparagraph iv of paragraph b of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17.

The condition set out in subparagraph b of the first paragraph is deemed not to be met if the acquisition of control

(a)  occurs before 1 July 2005 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 30 March 2004 and was binding on the parties on that date;

(b)  is by an exempt corporation or a specified corporation, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 30 March 2004 of one or more rights described in paragraph b of section 20 that were acquired before 31 March 2004; or

(d)  derives from the performance after 30 March 2004 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 31 March 2004.

2005, c. 23, s. 169; 2006, c. 13, s. 132.

1029.8.36.0.23. The amount to which the first paragraph of section 1029.8.36.0.19 and of section 1029.8.36.0.20 refers in relation to qualified wages paid in a taxation year by a corporation to an eligible employee, is equal to the amount by which the aggregate of the following amounts exceeds the amount established pursuant to the second paragraph in respect of the wages:

(a)  40% of the qualified wages paid by the corporation in the year to the eligible employee; and

(b)  the aggregate of all amounts that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the taxation year, each of which is

i.  an amount of government assistance relating to the wages paid by the corporation to the employee, while the employee qualified as an eligible employee of the corporation, for a pay period ending at a time in the taxation year that is within the eligibility period of the corporation, or

ii.  an amount that would be an amount of government assistance referred to in subparagraph i if none of sections 1029.8.21.2, 1029.8.33.9 and 1029.8.36.28 were taken into account.

The amount to which the first paragraph refers in relation to the qualified wages paid in the taxation year by the corporation to the eligible employee is equal to the lesser of

(a)  60% of the aggregate of all amounts each of which is the amount paid as wages by the corporation to the employee, while the employee qualified as an eligible employee of the corporation, for a pay period ending at a time in the taxation year that is within the eligibility period of the corporation; and

(b)  the amount obtained by multiplying $25,000 by the proportion that the number of days in the taxation year that are in the eligibility period of the corporation during which the employee qualifies as an eligible employee of the corporation is of 365.

2000, c. 39, s. 176; 2001, c. 51, s. 151; 2003, c. 9, s. 229; 2005, c. 23, s. 170.

1029.8.36.0.24. The amount to which the first paragraph of section 1029.8.36.0.22 refers in relation to specified wages incurred in a taxation year by a corporation in respect of a specified employee in a designated site, is equal to the amount by which the aggregate of the following amounts exceeds the amount established pursuant to the second paragraph in respect of the wages:

(a)  40% of the specified wages incurred by the corporation in the year in respect of the specified employee; and

(b)  the aggregate of all amounts that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the taxation year, each of which is

i.  an amount of government assistance relating to the wages incurred by the corporation in respect of the employee, in the specified period of the corporation for the year in respect of the designated site, while the employee qualified as a specified employee of the corporation, to the extent that the wages are paid and that they may reasonably be considered to relate to the carrying on in the year of a specified activity in relation to that site having regard to the time spent thereon by the employee, or

ii.  an amount that would be an amount of government assistance referred to in subparagraph i if none of sections 1029.8.21.2, 1029.8.33.9 and 1029.8.36.28 were taken into account.

The amount to which the first paragraph refers in relation to the specified wages incurred in the taxation year by the corporation in respect of the specified employee is equal to the lesser of

(a)  60% of the amount of the wages incurred by the corporation in respect of the employee in the specified period of the corporation for the year in respect of the designated site, while the employee qualified as a specified employee of the corporation, to the extent that that amount is paid and that it may reasonably be considered to relate to the carrying on in the year of a specified activity in relation to that site having regard to the time spent thereon by the employee; and

(b)  the amount obtained by multiplying $25,000 by the proportion that the number of days in the specified period of the corporation for the year in respect of the designated site during which the employee qualifies as a specified employee of the corporation is of 365.

For the purposes of subparagraph i of subparagraph b of the first paragraph and of subparagraph a of the second paragraph, a specified employee who spends 90% or more of working time on a specified activity is deemed to spend all working time thereon.

2000, c. 39, s. 176; 2001, c. 7, s. 169; 2003, c. 9, s. 229; 2005, c. 23, s. 171.

1029.8.36.0.25. A corporation that is an exempt corporation, or a specified corporation in respect of a biotechnology development centre, for a taxation year is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the aggregate of all amounts each of which is equal to 40% of the acquisition costs incurred by the corporation in the year or a preceding taxation year in respect of the acquisition of qualified property during the year or a preceding taxation year and during its eligibility period, or of the rental expenses paid by the corporation in the year or a preceding taxation year and during its eligibility period, in respect of qualified property of the corporation, exceeds the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister in respect of the qualified property for a preceding taxation year under this section or section 1029.8.36.0.6, as it read for that preceding taxation year, if the corporation encloses with the fiscal return it is required to file for the year under section 1000,

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate issued to it by Investissement Québec in respect of the qualified property for the purposes of this division or Division II.6.0.2, as it read before being repealed; and

(c)  if the corporation is a specified corporation in respect of a biotechnology development centre,

i.  a copy of the unrevoked certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17 that Investissement Québec issued to the corporation for the year and for the purposes of this division, and

ii.  a copy of the unrevoked certificate that Investissement Québec issued to the corporation for the year and for the purposes of this division in respect of a specified activity, in relation to the biotechnology development centre, that is an activity for the carrying out of which the corporation uses the qualified property.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 152; 2001, c. 69, s. 12; 2003, c. 9, s. 229; 2005, c. 23, s. 172.

1029.8.36.0.25.0.1. Despite section 1029.8.36.0.25, no amount may, in relation to a qualified property, be deemed to have been paid to the Minister by a corporation for a particular taxation year, in respect of acquisition costs incurred by the corporation in that year in respect of the property if, at any given time before the corporation’s filing-due date for the particular year, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, of a major breakdown of the property or of its obsolescence, to be used by the corporation, mainly in a qualified centre or exclusively or almost exclusively to earn income from,

(a)  if the corporation is an exempt corporation and the particular year is not the particular year referred to in subparagraph c, a business carried on by the corporation in that centre;

(b)  if the corporation is a specified corporation, the qualified centre is a biotechnology development centre and the particular year is not the particular year referred to in subparagraph c, the part of a business carried on by the corporation in that centre that may reasonably be attributed to the carrying out of a specified activity; or

(c)  if, following an acquisition of control referred to in subparagraph f of the first paragraph of section 771.13 that occurs in the particular year or an election made under subparagraph g of that paragraph to become a specified corporation from a particular day in that year, the corporation ceases to be an exempt corporation at the beginning of the taxation year that follows the particular year and, as the case may be,

i.  the qualified centre is a biotechnology development centre,

(1)  a business carried on by the corporation in that centre, if the given time occurs before the acquisition of control or the particular day, or

(2)  the part of a business carried on by the corporation in that centre that may reasonably be attributed to the carrying out of a specified activity, in any other case, or

ii.  the qualified centre is not a biotechnology development centre and the given time occurs before the acquisition of control or the particular day, a business carried on by the corporation in that centre.

For the purposes of the first paragraph, where, at any time, a corporation disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the corporation is deemed not to have ceased to use, at that time, the property by reason of its obsolescence; in that respect, where the parties to the sale are not dealing with each other at arm’s length, the proceeds of disposition of the property are deemed to be equal to its fair market value.

2004, c. 21, s. 339; 2005, c. 23, s. 173; 2007, c. 12, s. 177.

1029.8.36.0.25.1. A corporation that is, for a taxation year, an exempt corporation that carries on or may carry on its business in a biotechnology development centre, or a specified corporation in respect of such a centre, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the aggregate of all amounts each of which is equal to 40% of the eligible rental expenses incurred by the corporation in the year or a preceding taxation year and during its eligibility period, in respect of an eligible facility of a person in relation to the biotechnology development centre, to the extent that those expenses are paid, exceeds the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under this section in respect of the eligible facility for a preceding taxation year, if the corporation encloses, with the fiscal return it is required to file for the year under section 1000, the following documents:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate issued to the person by Investissement Québec in respect of the eligible facility for the purposes of this division;

(c)  a copy of the last lease rate schedule for the eligible facility that the person submitted to Investissement Québec; and

(d)  if the corporation is a specified corporation,

i.  a copy of the unrevoked certificate referred to in paragraph c of the definition of “specified corporation” in the first paragraph of section 1029.8.36.0.17 that Investissement Québec issued to the corporation for the year and for the purposes of this division, and

ii.  a copy of the unrevoked certificate that Investissement Québec issued to the corporation for the year and for the purposes of this division in respect of a specified activity, in relation to the biotechnology development centre, that is an activity for the carrying out of which the corporation rented the eligible facility.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 230; 2005, c. 23, s. 174.

1029.8.36.0.25.2. For the purpose of determining the amount that a corporation that carries on or may carry on its business in a biotechnology development centre is deemed to have paid to the Minister, on account of its tax payable for a particular taxation year, in accordance with section 1029.8.36.0.25 or 1029.8.36.0.25.1, the rate of 40% that is applied to acquisition costs or rental expenses that are incurred or paid in any given taxation year, or to eligible rental expenses that are incurred in any given taxation year is replaced by a rate of 30% if

(a)  the certificate referred to in paragraph a of section 771.12 that is held by the corporation provides for the application of that reduced rate;

(b)  subject to the second paragraph, the corporation is an exempt corporation for the given taxation year the control of which was acquired at the beginning of the given year or of a preceding taxation year, but after 11 June 2003, by a person or a group of persons; or

(c)  the corporation is a specified corporation for the given taxation year.

The condition set out in subparagraph b of the first paragraph is deemed not to be met if the acquisition of control

(a)  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date;

(b)  is by an exempt corporation, by a person or group of persons that controls an exempt corporation, or by a group of persons each member of which is an exempt corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003; or

(d)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003.

2005, c. 23, s. 175; 2006, c. 13, s. 133.

1029.8.36.0.26. Subject to sections 1010 to 1011 and for the purposes of this division, where Investissement Québec replaces or revokes a certificate that was issued to a corporation for a taxation year, the following rules apply:

(a)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time for that taxation year; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2000, c. 39, s. 176; 2001, c. 51, s. 153; 2001, c. 69, s. 12; 2003, c. 9, s. 231.

1029.8.36.0.27. Notwithstanding any other provision of this chapter, a corporation that is an exempt corporation for a taxation year shall not be deemed to have paid an amount to the Minister for the year under a provision of this chapter, other than a provision of this division and Divisions II and II.1, where that year is in whole or in part within its eligibility period.

In addition, the corporation shall not be deemed to have paid an amount to the Minister for a taxation year that is in whole or in part within the corporation’s eligibility period, in respect of a particular amount, under

(a)  a provision of Division II, if the particular amount is included in the wages that are taken into account in computing the qualified wages paid in the year by the corporation to an eligible employee and in respect of which an amount is deemed to have been paid by the corporation, for the year, under section 1029.8.36.0.19; or

(b)  section 1029.8.36.0.20, if the particular amount is qualified wages paid in a preceding taxation year by the corporation to an eligible employee and an amount is deemed to have been paid by the corporation for that preceding year under a provision of Division II, in respect of an amount included in the wages that are taken into account in computing the particular amount.

For the purposes of the first and second paragraphs and notwithstanding the first paragraph of section 1029.8.36.0.17, “eligibility period” of a corporation means the period of three years that begins on the later of the day of coming into force of the certificate referred to in paragraph a of section 771.12 that was issued in its respect and the corporation’s reference date.

2000, c. 39, s. 176; 2001, c. 51, s. 154; 2003, c. 9, s. 232; 2005, c. 23, s. 176; 2010, c. 25, s. 136.

1029.8.36.0.28. No amount shall be deemed to have been paid to the Minister by a corporation for any taxation year under any of sections 1029.8.36.0.19, 1029.8.36.0.20 and 1029.8.36.0.22 in respect of all or any part of particular wages, if an amount is deemed to have been paid to the Minister by the corporation for a taxation year under another of those sections in respect of the particular wages.

2000, c. 39, s. 176; 2003, c. 9, s. 233.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2000, c. 39, s. 176.

1029.8.36.0.29. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25, the amount of the acquisition costs or rental expenses that the corporation incurred or paid in respect of a qualified property shall be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to those costs or expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year.

2000, c. 39, s. 176; 2003, c. 9, s. 233; 2007, c. 12, s. 178.

1029.8.36.0.29.1. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25.1, the amount of the eligible rental expenses that the corporation incurred in respect of an eligible facility shall be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to those expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year.

2003, c. 9, s. 234; 2007, c. 12, s. 179.

1029.8.36.0.30. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages paid by the corporation to an eligible employee in a taxation year, in this section referred to as the “payment year”, and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.19 or 1029.8.36.0.20 for a particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the qualified wages, under section 1029.8.36.0.19 or 1029.8.36.0.20, as the case may be, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the payment year, the amount of any government assistance or non-government assistance referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.17, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.0.19 or 1029.8.36.0.20, as the case may be, in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

However, if the payment year begins before 21 December 2001 and the corporation carried on or could carry on its business in an information technology development centre in the particular taxation year, the reference to section 1029.8.36.0.17 in the portion of the first paragraph before subparagraph a shall be read as a reference to section 1029.8.36.0.4, as it read for the payment year.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of qualified wages under section 1029.8.36.0.5 or 1029.8.36.0.5.1, as it read for the particular year, the first paragraph applies, in respect of an amount that may reasonably be considered to be repayment of assistance that was taken into account for the purpose of computing the qualified wages, having regard to the following rules:

(a)  the references to sections 1029.8.36.0.17, 1029.8.36.0.19 and 1029.8.36.0.20, wherever they appear in the portion of the first paragraph before subparagraph b, shall be read respectively as references to sections 1029.8.36.0.4, 1029.8.36.0.5 and 1029.8.36.0.5.1, as they formerly read for the particular year; and

(b)  subparagraph b of the first paragraph shall be read as follows:

“(b) any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance, under this section or section 1029.8.36.0.10, as it read for that preceding taxation year.”

Where the second or third paragraph applies, “eligible employee” and “qualified wages” have, in this section and notwithstanding the first paragraph of section 1029.8.36.0.17, the meaning assigned by section 1029.8.36.0.4, as it read for the payment year.

2000, c. 39, s. 176; 2002, c. 40, s. 147; 2003, c. 9, s. 235.

1029.8.36.0.31. Where, before 1 January 2015, a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing specified wages incurred by the corporation in respect of a specified employee in a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.22 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the specified wages, under section 1029.8.36.0.22, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate established under subparagraph i of paragraph b of the definition of “specified wages” in the first paragraph of section 1029.8.36.0.17, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.0.22 in respect of the specified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

In addition, if a corporation carried on or could carry on its business in the Cité du multimédia or the Centre national des nouvelles technologies de Québec in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of qualified wages under section 1029.8.36.0.3.30 or 1029.8.36.0.3.40, as the case may be, as it read for the particular year, the first paragraph applies, in respect of an amount that may reasonably be considered to be repayment of assistance that was taken into account for the purpose of computing the qualified wages, having regard to the following rules:

(a)  the references to sections 1029.8.36.0.17 and 1029.8.36.0.22, wherever they appear in the portion of the first paragraph before subparagraph b, shall be read respectively as references to

i.  sections 1029.8.36.0.3.28 and 1029.8.36.0.3.30, as they formerly read for the particular year, where the corporation carried on or could carry on its business in the Cité du multimédia in the particular year, or

ii.  sections 1029.8.36.0.3.38 and 1029.8.36.0.3.40, as they formerly read for the particular year, where the corporation carried on or could carry on its business in the Centre national des nouvelles technologies de Québec in the particular year;

(b)  the expressions “specified wages” and “specified employee”, wherever they appear in the portion of the first paragraph before subparagraph b, shall be read respectively as “qualified wages” and “eligible employee”, having the meaning assigned by

i.  section 1029.8.36.0.3.28, as it read for the particular year, where the corporation carried on or could carry on its business in the Cité du multimédia in the particular year, or

ii.  section 1029.8.36.0.3.38, as it read for the particular year, where the corporation carried on or could carry on its business in the Centre national des nouvelles technologies de Québec in the particular year; and

(c)  subparagraph b of the first paragraph shall be read as follows:

“(b) any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance, under this section or under section 1029.8.36.0.3.35 or 1029.8.36.0.3.43, as it read for that preceding taxation year.”

Notwithstanding the first paragraph of section 1029.8.36.0.17, the expression “qualified wages” in the portion of the second paragraph before subparagraph a has the meaning assigned by section 1029.8.36.0.3.28 or 1029.8.36.0.3.38, as it read for the particular year, according to whether the corporation carried on or could carry on its business in the particular year in the Cité du multimédia or in the Centre national des nouvelles technologies de Québec.

2000, c. 39, s. 176; 2002, c. 40, s. 148; 2003, c. 9, s. 236.

1029.8.36.0.32. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced, pursuant to section 1029.8.36.0.29, acquisition costs to, or rental expenses of, the corporation for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a particular taxation year under section 1029.8.36.0.25, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.0.25, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.0.29, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.25 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of acquisition costs or rental expenses under section 1029.8.36.0.6, as it read for the particular year, the first paragraph applies, in respect of an amount that may reasonably be considered to be repayment of assistance that reduced those costs or expenses for the purpose of computing that amount deemed to be paid, having regard to the following rules:

(a)  the references to sections 1029.8.36.0.25 and 1029.8.36.0.29, wherever they appear in the portion of the first paragraph before subparagraph b, shall be read respectively as references to sections 1029.8.36.0.6 and 1029.8.36.0.9, as they formerly read for the particular year; and

(b)  subparagraph b of the first paragraph shall be read as follows:

“(b) any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance, under this section or section 1029.8.36.0.11, as it read for that preceding taxation year.”

2000, c. 39, s. 176; 2002, c. 40, s. 149; 2003, c. 9, s. 237.

1029.8.36.0.32.1. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, pursuant to section 1029.8.36.0.29.1, eligible rental expenses of the corporation for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a particular taxation year under section 1029.8.36.0.25.1, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.0.25.1, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.0.29.1, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.25.1 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2003, c. 9, s. 238.

1029.8.36.0.33. For the purposes of section 1029.8.36.0.30 or 1029.8.36.0.31, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, because of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.17 or because of subparagraph i of paragraph b of the definition of “specified wages” in that first paragraph, the amount of the wages referred to in that paragraph b for the purpose of computing qualified wages or specified wages, as the case may be, in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.19 or 1029.8.36.0.20, or under section 1029.8.36.0.22;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

In addition, if wages were paid or incurred in a particular taxation year that begins before 21 December 2001 by a corporation that, in the particular year, carried on or could carry on its business in an eligible facility, or in a designated site, other than a new economy centre or a biotechnology development centre, the first paragraph applies, in respect of an amount that reduced the wages, taking into account that,

(a)  where the corporation carried on or could carry on its business in the Cité du multimédia in the particular year, the portion of the first paragraph before subparagraph b shall be read as follows:

“1029.8.36.0.33. For the purposes of section 1029.8.36.0.31, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a) reduced the amount of the wages referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.28, as it read for the particular taxation year in which the wages were incurred, because of subparagraph i of that paragraph b, for the purpose of computing qualified wages, within the meaning of section 1029.8.36.0.3.28, in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.30, as it read for the particular year;”;

(b)  where the corporation carried on or could carry on its business in the Centre national des nouvelles technologies de Québec in the particular year, the portion of the first paragraph before subparagraph b shall be read as follows:

“1029.8.36.0.33. For the purposes of section 1029.8.36.0.31, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a) reduced the amount of the wages referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.3.38, as it read for the particular taxation year in which the wages were incurred, because of subparagraph i of that paragraph b, for the purpose of computing qualified wages, within the meaning of section 1029.8.36.0.3.38, in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.3.40, as it read for the particular year;”; and

(c)  where the corporation carried on or could carry on its business in an information technology development centre in the particular year, the portion of the first paragraph before subparagraph b shall be read as follows:

“1029.8.36.0.33. For the purposes of section 1029.8.36.0.30, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a) reduced the amount of the wages referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.4, as it read for the particular taxation year in which the wages were paid, because of that paragraph b, for the purpose of computing qualified wages, within the meaning of section 1029.8.36.0.4, in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.5, as it read for the particular year, or under section 1029.8.36.0.5.1, as it read for the taxation year following the particular year in which the corporation is deemed to have paid that amount, or 1029.8.36.0.20;”.

2000, c. 39, s. 176; 2003, c. 9, s. 239.

1029.8.36.0.34. For the purposes of section 1029.8.36.0.32 or 1029.8.36.0.32.1, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, as the case may be, acquisition costs or rental expenses of the corporation, because of section 1029.8.36.0.29, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25, or eligible rental expenses of the corporation, because of section 1029.8.36.0.29.1, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.25.1;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of acquisition costs or rental expenses under section 1029.8.36.0.6, as it read for the particular year, the first paragraph applies, in respect of an amount that reduced those costs or expenses for the purpose of computing the amount deemed to have been paid, by replacing the portion of the first paragraph before subparagraph b by the following:

"1029.8.36.0.34. For the purposes of section 1029.8.36.0.32, an amount of assistance is deemed to be repaid by a corporation in a taxation year, pursuant to a legal obligation, where that amount

(a) reduced acquisition costs or rental expenses of the corporation for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a particular taxation year under section 1029.8.36.0.6, as it read for the particular year, because of section 1029.8.36.0.9, as it read for the particular year;".

2000, c. 39, s. 176; 2003, c. 9, s. 240.

1029.8.36.0.35. For the purposes of this division, the acquisition costs to, or rental expenses of, a corporation in respect of a qualified property shall be reduced by the amount of the consideration for the provision of services to the corporation or to a person with whom the corporation does not deal at arm’s length, or the amount of the consideration for the disposition or lease of other property either to the corporation or to such a person, except if the consideration may reasonably be considered to relate to the acquisition, the lease or the installation of the qualified property or the acquisition of property resulting from work related to the installation of the qualified property or of property consumed in connection with such work.

2000, c. 39, s. 176.

1029.8.36.0.35.1. For the purposes of this division, the eligible rental expenses of a corporation in respect of an eligible facility shall be reduced by the amount of the consideration for the provision of services to the corporation or to a person with whom the corporation does not deal at arm’s length, or by the amount of the consideration for the disposition or lease of other property either to the corporation or to such a person, except if the consideration may reasonably be considered to relate to the lease of the eligible facility.

2003, c. 9, s. 241.

1029.8.36.0.36. If, in respect of the acquisition or lease of a qualified property, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the supply or installation of the qualified property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the amount of the acquisition costs or rental expenses that a corporation has incurred or paid in respect of the qualified property is, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister, for a taxation year, under section 1029.8.36.0.25, to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year.

2000, c. 39, s. 176; 2007, c. 12, s. 180.

1029.8.36.0.36.1. If, in respect of the lease of an eligible facility, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the supply or setting up of the eligible facility, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the amount of the eligible rental expenses that a corporation has incurred in respect of the eligible facility is, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister, for a taxation year, under section 1029.8.36.0.25.1, to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year.

2003, c. 9, s. 242; 2007, c. 12, s. 180.

1029.8.36.0.37. (Repealed).

2000, c. 39, s. 176; 2002, c. 9, s. 77.

DIVISION II.6.0.3.1

Repealed, 2003, c. 9, s. 243.

2002, c. 9, s. 78; 2003, c. 9, s. 243.

§ 1 . —

Repealed, 2003, c. 9, s. 243.

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.1. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.2. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

§ 2 . —

Repealed, 2003, c. 9, s. 243.

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.3. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.4. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.5. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.6. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.7. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.8. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.9. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.10. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.11. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.12. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

§ 3 . —

Repealed, 2003, c. 9, s. 243.

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.13. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.14. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.15. (Repealed).

2002, c. 9, s. 78; 2002, c. 40, s. 150; 2003, c. 9, s. 243.

1029.8.36.0.37.16. (Repealed).

2002, c. 9, s. 78; 2002, c. 40, s. 151; 2003, c. 9, s. 243.

1029.8.36.0.37.17. (Repealed).

2002, c. 9, s. 78; 2002, c. 40, s. 152; 2003, c. 9, s. 243.

1029.8.36.0.37.18. (Repealed).

2002, c. 9, s. 78; 2002, c. 40, s. 153; 2003, c. 9, s. 243.

1029.8.36.0.37.19. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.20. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.21. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.22. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.23. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

1029.8.36.0.37.24. (Repealed).

2002, c. 9, s. 78; 2003, c. 9, s. 243.

DIVISION II.6.0.4 CREDIT FOR WAGES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

§ 1 . — Interpretation and general

2000, c. 39, s. 176.

1029.8.36.0.38. In this division,

“eligible employee” of a corporation or partnership that carries on a recognized business in a taxation year or fiscal period, as the case may be, means an individual in respect of whom a certificate is issued to the corporation for the year, or to the partnership for the fiscal period, by Investissement Québec, certifying that, throughout the period of the year or fiscal period shown on the certificate, at least 75% of the duties of the individual relating to the individual’s employment with the corporation or partnership consists in carrying on work relating to the activities shown on the certificate issued to the corporation or partnership in respect of the recognized business and carried on in the international trade zone by the corporation or the partnership;

“excluded corporation” for a taxation year means any of the following corporations:

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on all of its taxable income for the year by reason of section 999.0.1;

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

(c)  (paragraph repealed); and

(d)  a corporation control of which is acquired at the beginning of the year or of a preceding taxation year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a corporation that, at the time of the acquisition of control, is carrying on a recognized business, by a person or group of persons that controls such a corporation or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“international trade zone” means the zone that consists of the lots of the official cadastre of Mirabel that are designated by the Minister of Finance;

“qualified wages” incurred by a corporation in a taxation year, or by a partnership in a fiscal period, in respect of an eligible employee in the course of carrying on a recognized business, means the lesser of

(a)  the amount determined for the year or fiscal period pursuant to section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business; and

(b)  any of the following amounts:

i.  where the valid certificate referred to in paragraph a of the definition of “recognized business” became effective or is deemed to have become effective, in accordance with the third paragraph, before 1 January 2001, the amount by which the amount of the wages incurred by the corporation or partnership in the year or fiscal period, but after 9 March 1999 and before 1 January 2011, in respect of the employee while the employee qualifies as an eligible employee of the corporation or partnership in relation to the recognized business, to the extent that that amount is paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period,

ii.  where the valid certificate referred to in paragraph a of the definition of “recognized business” became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2000 and before 1 January 2004, the amount by which the amount of the wages incurred by the corporation or partnership in the year or fiscal period, but on or before the day of the tenth anniversary of the effective date of the certificate, in respect of the employee while the employee qualifies as an eligible employee of the corporation or partnership in relation to the recognized business, to the extent that that amount is paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period, and

iii.  where the valid certificate referred to in paragraph a of the definition of “recognized business” became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2003, the amount by which the amount of the wages incurred by the corporation or partnership in the year or fiscal period, but before 1 January 2014, in respect of the employee while the employee qualifies as an eligible employee of the corporation or partnership in relation to the recognized business, to the extent that that amount is paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period;

“recognized business” of a corporation for a taxation year, or of a partnership for a fiscal period, means a business carried on by the corporation in the year, or by the partnership in the fiscal period, in respect of which

(a)  a valid certificate for all or part of the year or fiscal period was issued to the corporation or partnership by Investissement Québec, certifying that the business activities carried on within the international trade zone relate to activities shown on the certificate; and

(b)  separate accounts are kept by the corporation or partnership, from the effective date of the certificate referred to in paragraph a, in relation to the business activities carried on within the international trade zone;

“wages” means the income computed under Chapters I and II of Title II of Book III.

Notwithstanding the definition of “eligible employee” in the first paragraph, an individual is deemed not to be an eligible employee of a corporation for a taxation year, or of a partnership for a fiscal period, if the individual, as the case may be,

(a)  is a specified shareholder of the corporation at any time in the period mentioned in that definition; or

(b)  is, at any time in the period mentioned in that definition, a member of the partnership whose share, for the fiscal period, of the partnership’s income or loss is equal to or greater than 10%, or is not dealing at arm’s length, at any time in that period, with such a member or with any member of a group of members of the partnership the total of whose shares, for the fiscal period, of the partnership’s income or loss is equal to or greater than 10%.

For the purposes of the first paragraph, where a corporation or partnership, in this paragraph referred to as the “transferee entity”, carries on at a particular time in a taxation year or fiscal period a business in respect of which Investissement Québec issued a qualification certificate and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business carried on before that time by a corporation or partnership, in this paragraph referred to as the “transferor entity”, the effective date of the qualification certificate issued to the transferee entity, in relation to the recognized business, is deemed to be the same as the effective date of the qualification certificate issued to the transferor entity, in relation to the recognized business or that part of the recognized business.

2000, c. 39, s. 176; 2001, c. 51, s. 155; 2003, c. 9, s. 244; 2004, c. 21, s. 340; 2005, c. 1, s. 239; 2005, c. 23, s. 177; 2006, c. 13, s. 134.

1029.8.36.0.38.1. For the purposes of this division, a business carried on in Québec but outside the international trade zone by a corporation in a year or by a partnership in a fiscal period is deemed to be a recognized business of the corporation for the taxation year or of the partnership for the fiscal period if, in relation to that business,

(a)  a valid certificate for all or part of the year or fiscal period was issued to the corporation or partnership by Investissement Québec, certifying that the business activities carried on in Québec but outside the international trade zone relate to activities shown on the certificate; and

(b)  separate accounts are kept by the corporation or partnership, from the effective date of the certificate referred to in paragraph a, in relation to the business activities shown on the certificate that are carried on in Québec but outside the international trade zone.

2001, c. 51, s. 156; 2005, c. 23, s. 178.

1029.8.36.0.38.2. For the purposes of this division, where the activities of a business in respect of which section 1029.8.36.0.38.1 applies are carried on in Québec but outside the international trade zone by a corporation in a taxation year, or by a partnership in a fiscal period, the business activities shown on the certificate referred to in paragraph a of that section that are carried on in Québec but outside the international trade zone are deemed to be carried on in the international trade zone.

2001, c. 51, s. 156.

1029.8.36.0.39. The amount to which paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 refers, for a taxation year of a corporation or fiscal period of a partnership, in respect of an eligible employee in relation to a recognized business is equal

(a)  where the taxation year of the corporation or the fiscal period of the partnership ends before 1 January 2002, to the amount obtained by multiplying $37,500 by the proportion that the number of days in the taxation year or fiscal period after 9 March 1999 during which the employee qualifies as an eligible employee of the corporation or partnership, in relation to the recognized business, is of 365;

(b)  where the taxation year of the corporation or the fiscal period of the partnership begins before 1 January 2002 and ends after 31 December 2001, to the aggregate of

i.  the amount obtained by multiplying $37,500 by the proportion that the number of days in the taxation year or fiscal period before 1 January 2002 during which the employee qualifies as an eligible employee of the corporation or partnership, in relation to the recognized business, is of 365, and

ii.  the amount obtained by multiplying $40,000 by the proportion that the number of days in the taxation year or fiscal period after 31 December 2001 during which the employee qualifies as an eligible employee of the corporation or partnership, in relation to the recognized business, is of 365;

(c)  where the taxation year of the corporation or the fiscal period of the partnership ends after 31 December 2013, to the amount obtained by multiplying $40,000 by the proportion that the number of days in the taxation year or fiscal period before 1 January 2014 during which the employee qualifies as an eligible employee of the corporation or partnership, in relation to the recognized business, is of 365; and

(d)  in any other case, to the amount obtained by multiplying $40,000 by the proportion that the number of days in the taxation year or fiscal period during which the employee qualifies as an eligible employee of the corporation or partnership, in relation to the recognized business, is of 365.

2000, c. 39, s. 176; 2001, c. 51, s. 157; 2003, c. 9, s. 245.

§ 2 . — Credits

2000, c. 39, s. 163.

1029.8.36.0.40. A corporation, other than an excluded corporation, that carries on a recognized business in a taxation year, that incurs in that year, in the course of carrying on that business, qualified wages in respect of an eligible employee and that encloses with its fiscal return it is required to file for the year under section 1000 the documents referred to in the second paragraph, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount determined under section 1029.8.36.0.41 or 1029.8.36.0.42, as the case may be, in relation to the qualified wages.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid certificate issued to the corporation for the year in respect of the eligible employee and referred to in the definition of “eligible employee” in the first paragraph of section 1029.8.36.0.38.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2003, c. 9, s. 246.

1029.8.36.0.41. The amount to which the first paragraph of section 1029.8.36.0.40 refers in relation to the qualified wages incurred by a corporation in a taxation year in respect of an eligible employee in the course of carrying on a recognized business, is, where the amount to which paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 refers is the qualified wages for that taxation year, equal to

(a)  where the taxation year of the corporation ends before 1 January 2002, 40% of the amount determined for the year under paragraph a of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business;

(b)  where the taxation year of the corporation begins before 1 January 2002 and ends after 31 December 2001, the aggregate of

i.  40% of the amount determined for the year under subparagraph i of paragraph b of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, and

ii.  30% of the amount determined for the year under subparagraph ii of paragraph b of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business;

(c)  where the taxation year of the corporation begins after 31 December 2001 and ends before 1 January 2005, 30% of the amount determined for the year under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business;

(d)  where the taxation year of the corporation begins before 1 January 2005 and ends after 31 December 2004, the aggregate of

i.  30% of the amount obtained by multiplying the amount determined for the year under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, by the proportion that the number of days in the year before 1 January 2005 during which the employee qualifies as an eligible employee in relation to the recognized business is of the number of days in the year during which the employee qualifies as an eligible employee in relation to the recognized business, and

ii.  20% of the amount obtained by multiplying the amount determined for the year under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, by the proportion that the number of days in the year after 31 December 2004 during which the employee qualifies as an eligible employee in relation to the recognized business is of the number of days in the year during which the employee qualifies as an eligible employee in relation to the recognized business;

(e)  where the taxation year of the corporation begins after 31 December 2004 and ends before 1 January 2014, 20% of the amount determined for the year under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business; and

(f)  where the taxation year of the corporation ends after 31 December 2013, 20% of the amount determined for the year under paragraph c of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business.

2000, c. 39, s. 176; 2001, c. 51, s. 158; 2003, c. 9, s. 247.

1029.8.36.0.42. The amount to which the first paragraph of section 1029.8.36.0.40 refers in relation to the qualified wages incurred by a corporation in a taxation year in respect of an eligible employee in the course of carrying on a recognized business, is, where the amount determined under paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 is the qualified wages for that taxation year, equal to the aggregate of

(a)  40% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the corporation in the year, but after 9 March 1999 and before 1 January 2002, in respect of the eligible employee;

(b)  30% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the corporation in the year, but after 31 December 2001 and before 1 January 2005, in respect of the eligible employee; and

(c)  20% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the corporation in the year, but after 31 December 2004 and before 1 January 2014, in respect of the eligible employee.

2000, c. 39, s. 176; 2001, c. 51, s. 159; 2003, c. 9, s. 248.

1029.8.36.0.43. Where a partnership carries on a recognized business in a fiscal period and incurs in that fiscal period, in the course of carrying on that business, qualified wages in respect of an eligible employee, each corporation that is a member of the partnership at the end of the fiscal period, that is not an excluded corporation for its taxation year in which the fiscal period ends, and that encloses with its fiscal return it is required to file for that taxation year under section 1000 the documents referred to in the second paragraph, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount determined in its respect under section 1029.8.36.0.44 or 1029.8.36.0.45, as the case may be, in relation to the qualified wages.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid certificate issued to the partnership for the fiscal period in respect of the eligible employee and referred to in the definition of “eligible employee” in the first paragraph of section 1029.8.36.0.38.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2003, c. 9, s. 249.

1029.8.36.0.44. The amount to which the first paragraph of section 1029.8.36.0.43 refers in respect of a corporation in relation to the qualified wages incurred by a partnership in a fiscal period in respect of an eligible employee in the course of carrying on a recognized business, is, where the amount to which paragraph a of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 refers is the qualified wages for that fiscal period, equal to

(a)  where the fiscal period of the partnership ends before 1 January 2002, the amount obtained by multiplying 40% of the amount determined for the fiscal period under paragraph a of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business by the corporation’s share of the qualified wages;

(b)  where the fiscal period of the partnership begins before 1 January 2002 and ends after 31 December 2001, the amount obtained by multiplying the aggregate of the following amounts by the corporation’s share of the qualified wages:

i.  40% of the amount determined for the fiscal period under subparagraph i of paragraph b of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, and

ii.  30% of the amount determined for the fiscal period under subparagraph ii of paragraph b of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business;

(c)  where the fiscal period of the partnership begins after 31 December 2001 and ends before 1 January 2005, the amount obtained by multiplying 30% of the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business by the corporation’s share of the qualified wages;

(d)  where the fiscal period of the partnership begins before 1 January 2005 and ends after 31 December 2004, the amount obtained by multiplying the aggregate of the following amounts by the corporation’s share of the qualified wages:

i.  30% of the amount obtained by multiplying the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, by the proportion that the number of days in the fiscal period before 1 January 2005 during which the employee qualifies as an eligible employee in relation to the recognized business is of the number of days in the fiscal period during which the employee qualifies as an eligible employee in relation to the recognized business, and

ii.  20% of the amount obtained by multiplying the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business, by the proportion that the number of days in the fiscal period after 31 December 2004 during which the employee qualifies as an eligible employee in relation to the recognized business is of the number of days in the fiscal period during which the employee qualifies as an eligible employee in relation to the recognized business;

(e)  where the fiscal period of the partnership begins after 31 December 2004 and ends before 1 January 2014, the amount obtained by multiplying 20% of the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business by the corporation’s share of the qualified wages; and

(f)  where the fiscal period of the partnership ends after 31 December 2013, the amount obtained by multiplying 20% of the amount determined for the fiscal period under paragraph c of section 1029.8.36.0.39 in respect of the eligible employee in relation to the recognized business by the corporation’s share of the qualified wages.

2000, c. 39, s. 176; 2001, c. 51, s. 160; 2003, c. 9, s. 250.

1029.8.36.0.45. The amount to which the first paragraph of section 1029.8.36.0.43 refers in respect of a corporation in relation to the qualified wages incurred by a partnership in a fiscal period in respect of an eligible employee in the course of carrying on a recognized business, is, where the amount determined under paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 is the qualified wages for that fiscal period, equal to the aggregate of

(a)  the amount obtained by multiplying 40% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the partnership in the fiscal period, but after 9 March 1999 and before 1 January 2002, in respect of the eligible employee by the corporation’s share of the qualified wages;

(b)  the amount obtained by multiplying 30% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the partnership in the fiscal period, but after 31 December 2001 and before 1 January 2005, in respect of the eligible employee by the corporation’s share of the qualified wages; and

(c)  the amount obtained by multiplying 20% of the portion of the qualified wages that may reasonably be considered to be attributable to the wages incurred by the partnership in the fiscal period, but after 31 December 2004 and before 1 January 2014, in respect of the eligible employee by the corporation’s share of the qualified wages.

2000, c. 39, s. 176; 2001, c. 51, s. 161; 2003, c. 9, s. 251.

1029.8.36.0.46. For the purposes of sections 1029.8.36.0.44 and 1029.8.36.0.45, a corporation’s share of qualified wages incurred in a fiscal period by a partnership is equal to the agreed proportion of the qualified wages in respect of the corporation for the fiscal period.

2000, c. 39, s. 176; 2009, c. 15, s. 243.

1029.8.36.0.47. Where a corporation referred to in section 1029.8.36.0.43 has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period referred to in that section, government assistance or non-government assistance in respect of wages included in computing the qualified wages incurred by the partnership in respect of an eligible employee in that fiscal period, the qualified wages shall, for the purpose of computing the amount deemed to have been paid to the Minister by the corporation under that section 1029.8.36.0.43 for the taxation year referred to therein in relation to the qualified wages, be determined as if

(a)  the amount of the assistance had been received by the partnership in the fiscal period; and

(b)  the amount of the assistance were equal to the product obtained by multiplying the amount of assistance otherwise determined by the reciprocal of the agreed proportion in respect of the corporation for that fiscal period of the partnership.

2000, c. 39, s. 176; 2009, c. 15, s. 244.

1029.8.36.0.48. Subject to sections 1010 to 1011, for the purposes of this division, if Investissement Québec replaces or revokes a certificate issued to a corporation or a partnership, the following rules apply:

(a)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2000, c. 39, s. 176; 2005, c. 23, s. 179.

1029.8.36.0.49. Where, before 1 January 2015, a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 that was taken into account for the purpose of computing qualified wages incurred by the corporation in respect of an eligible employee in a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.40 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the qualified wages, under section 1029.8.36.0.40, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under that paragraph b, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.40 for the particular year in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 154; 2003, c. 9, s. 252.

1029.8.36.0.50. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 that was taken into account for the purpose of computing qualified wages incurred by the partnership in respect of an eligible employee in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.36.0.43 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister for the particular year under section 1029.8.36.0.43, in respect of the qualified wages, if

i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38, and

ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.43 for the particular year, in respect of the qualified wages, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 155; 2003, c. 9, s. 253; 2006, c. 36, s. 140; 2009, c. 15, s. 245.

1029.8.36.0.51. Where, before 1 January 2015, a corporation that is a member of a partnership pays, in a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance, in respect of wages included in computing qualified wages incurred by the partnership in respect of an eligible employee in a particular fiscal period, that is referred to in the portion of section 1029.8.36.0.47 before paragraph a and that, pursuant to that section, reduced the qualified wages for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.43, in respect of the qualified wages, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.43 for its taxation year in which the particular fiscal period ends, in respect of the qualified wages, if

i.  the aggregate referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 and determined with reference to section 1029.8.36.0.47, were reduced, for the particular fiscal period, by the product obtained by multiplying any amount of such assistance so repaid at or before the end of the fiscal period of repayment by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment, and

ii.  except for the purposes of section 1029.8.36.0.47, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.43 for its taxation year in which the particular fiscal period ends, in respect of the qualified wages, if, except for the purposes of section 1029.8.36.0.47, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if, except for the purposes of section 1029.8.36.0.47, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 156; 2003, c. 9, s. 254; 2006, c. 36, s. 141; 2009, c. 15, s. 246.

1029.8.36.0.52. For the purposes of sections 1029.8.36.0.49 to 1029.8.36.0.51, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or a partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 or because of section 1029.8.36.0.47, the amount of the wages referred to in that paragraph b, for the purpose of computing qualified wages in respect of which the corporation or a corporation that is a member of the partnership is deemed to have paid an amount to the Minister under section 1029.8.36.0.40 or 1029.8.36.0.43;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2000, c. 39, s. 176.

1029.8.36.0.53. Where, in respect of the employment of an individual with a particular corporation or partnership as an eligible employee, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the employment, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the particular corporation is deemed to have paid to the Minister under section 1029.8.36.0.40 for a particular taxation year, the aggregate referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 in respect of the particular corporation for the particular year, in relation to the employment of the individual, shall be increased by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the particular corporation’s filing-due date for the particular year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.0.43 by a corporation that is a member of the particular partnership at the end of the partnership’s particular fiscal period ending in the year, the aggregate referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.0.38 in respect of the particular partnership for that fiscal period, in relation to the employment of the individual, shall be increased by

i.  the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, and

ii.  the product obtained by multiplying the amount of the benefit or advantage that the corporation or a person with whom the corporation is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, by the reciprocal of the agreed proportion in respect of the corporation for the particular partnership’s particular fiscal period.

2000, c. 39, s. 176; 2004, c. 21, s. 341; 2009, c. 15, s. 247.

1029.8.36.0.54. (Repealed).

2000, c. 39, s. 176; 2002, c. 9, s. 79.

DIVISION II.6.0.5 CREDIT FOR CUSTOMS BROKERAGE SERVICES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

§ 1 . — Interpretation and general

2000, c. 39, s. 176.

1029.8.36.0.55. In this division,

“eligible contract” for a taxation year of a corporation that, in the year, carries on a recognized business or for a fiscal period of a partnership that, in the fiscal period, carries on such a business means a contract entered into between the corporation or partnership and a customs broker who, at the time the contract is entered into, is dealing at arm’s length with the corporation or a member of the partnership and in respect of which a certificate is issued to the corporation for the year or to the partnership for the fiscal period, by Investissement Québec, certifying that the services shown on the certificate and which have been rendered to the corporation in the year or to the partnership in the fiscal period, by the customs broker under the contract, constitute customs brokerage services rendered in the course of the activities shown on the certificate issued to the corporation or partnership in respect of the recognized business and carried on in the international trade zone by the corporation or partnership;

“eligible customs brokerage services” for a taxation year of a corporation that, in the year, carries on a recognized business or for a fiscal period of a partnership that, in the fiscal period, carries on such a business, means customs brokerage services that

(a)  are rendered to the corporation in the year or the partnership in the fiscal period, under a contract that is an eligible contract for the year or fiscal period in relation to the recognized business; and

(b)  are covered by the certificate issued to the corporation for the year or the partnership for the fiscal period, in respect of the contract mentioned in paragraph a;

“excluded corporation” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“qualified brokerage expenditure” incurred by a corporation in a taxation year or by a partnership in a fiscal period, in connection with the carrying on of a recognized business, means the lesser of

(a)  the amount determined for the year or fiscal period pursuant to section 1029.8.36.0.56 in relation to the recognized business; and

(b)  any of the following amounts:

i.  where the valid certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, before 1 January 2001, the amount by which

(1)  the aggregate of all amounts each of which is the amount of fees incurred by the corporation or partnership in the year or fiscal period, but after 9 March 1999 and before 1 January 2011, for services that qualify as eligible customs brokerage services, for the year or fiscal period, in relation to the recognized business, to the extent that that amount is paid, exceeds

(2)  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to fees referred to in subparagraph 1, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive, on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period,

ii.  where the valid certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2000 and before 1 January 2004, the amount by which

(1)  the aggregate of all amounts each of which is the amount of fees incurred by the corporation or partnership in the year or fiscal period, but on or before the day that is ten years after the effective date of that certificate, for services that qualify as eligible customs brokerage services, for the year or fiscal period, in relation to the recognized business, to the extent that that amount is paid, exceeds

(2)  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to fees referred to in subparagraph 1, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive, on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period, and

iii.  where the valid certificate issued to the corporation or partnership in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2003, the amount by which

(1)  the aggregate of all amounts each of which is the amount of fees incurred by the corporation or partnership in the year or fiscal period, but before 1 January 2014, for services that qualify as eligible customs brokerage services, for the year or fiscal period, in relation to the recognized business, to the extent that that amount is paid, exceeds

(2)  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to fees referred to in subparagraph 1, that the corporation or partnership has received, is entitled to receive or may reasonably expect to receive, on or before, in the case of the corporation, the corporation’s filing-due date for the year and, in the case of the partnership, the day that is six months after the end of the fiscal period;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.0.38 and by section 1029.8.36.0.38.1.

For the purposes of the definition of “eligible contract” in the first paragraph, where the activities of a business in respect of which section 1029.8.36.0.38.1 applies are carried on in Québec but outside the international trade zone by a corporation in a taxation year, or by a partnership in a fiscal period, the business activities shown on the certificate referred to in paragraph a of section 1029.8.36.0.38.1 that are carried on in Québec but outside the international trade zone are deemed to be activities shown on the certificate issued to the corporation or partnership in respect of the recognized business and carried on in the international trade zone by the corporation or partnership.

For the purposes of the first paragraph, where, at a particular time in a taxation year or fiscal period, a corporation or partnership, in this paragraph referred to as the “transferee entity”, carries on a business in respect of which Investissement Québec issued a qualification certificate, and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business carried on before that time by a corporation or partnership, in this paragraph referred to as the “transferor entity”, the effective date of the qualification certificate issued to the transferee entity, in relation to that recognized business, is deemed to be the same as the effective date of the qualification certificate issued to the transferor entity, in relation to the recognized business or part of recognized business.

2000, c. 39, s. 176; 2001, c. 51, s. 162; 2003, c. 9, s. 255; 2004, c. 21, s. 342; 2005, c. 23, s. 180.

1029.8.36.0.56. The amount to which paragraph a of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 refers, for a taxation year of a corporation or a fiscal period of a partnership, in relation to a recognized business is equal

(a)  where the taxation year of the corporation or the fiscal period of the partnership ends before 1 January 2002, to the amount obtained by multiplying $75,000 by the proportion that the number of days in the taxation year or fiscal period is of 365;

(b)  where the taxation year of the corporation or the fiscal period of the partnership begins before 1 January 2002 and ends after 31 December 2001, to the aggregate of

i.  the amount obtained by multiplying $75,000 by the proportion that the number of days in the taxation year or fiscal period before 1 January 2002 is of 365, and

ii.  the amount obtained by multiplying $80,000 by the proportion that the number of days in the taxation year or fiscal period after 31 December 2001 is of 365;

(c)  where the taxation year of the corporation or the fiscal period of the partnership ends after 31 December 2013, to the amount obtained by multiplying $80,000 by the proportion that the number of days in the taxation year or fiscal period before 1 January 2014 is of 365; and

(d)  in any other case, to the amount obtained by multiplying $80,000 by the proportion that the number of days in the taxation year or fiscal period is of 365.

2000, c. 39, s. 176; 2001, c. 51, s. 163; 2003, c. 9, s. 256.

§ 2 . — Credits

2000, c. 39, s. 176.

1029.8.36.0.57. A corporation, other than an excluded corporation, that carries on a recognized business in a taxation year, that incurs in that year, in the course of carrying on that business, a qualified brokerage expenditure and that encloses, with its fiscal return it is required to file for the year under section 1000, the documents referred to in the second paragraph, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount determined under section 1029.8.36.0.58 or 1029.8.36.0.59, as the case may be, in relation to the qualified brokerage expenditure.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the certificates each of which is a valid certificate that was issued to the corporation for the year in respect of an eligible contract concerning eligible customs brokerage services in respect of which the corporation incurred fees included in computing its qualified brokerage expenditure, and that is referred to in the definition of “eligible contract” in the first paragraph of section 1029.8.36.0.55.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 257.

1029.8.36.0.58. The amount to which the first paragraph of section 1029.8.36.0.57 refers in relation to a qualified brokerage expenditure incurred by a corporation in a taxation year in the course of carrying on a recognized business, is, where the amount to which paragraph a of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 refers is the qualified brokerage expenditure for that taxation year, equal to,

(a)  where the taxation year of the corporation ends before 1 January 2002, 40% of the amount determined for the year under paragraph a of section 1029.8.36.0.56 in relation to the recognized business;

(b)  where the taxation year of the corporation begins before 1 January 2002 and ends after 31 December 2001, the aggregate of

i.  40% of the amount determined for the year under subparagraph i of paragraph b of section 1029.8.36.0.56 in relation to the recognized business, and

ii.  30% of the amount determined for the year under subparagraph ii of paragraph b of section 1029.8.36.0.56 in relation to the recognized business;

(c)  where the taxation year of the corporation begins after 31 December 2001 and ends before 1 January 2005, 30% of the amount determined for the year under paragraph d of section 1029.8.36.0.56 in relation to the recognized business;

(d)  where the taxation year of the corporation begins before 1 January 2005 and ends after 31 December 2004, the aggregate of

i.  30% of the amount obtained by multiplying the amount determined for the year under paragraph d of section 1029.8.36.0.56 in relation to the recognized business, by the proportion that the number of days in the year before 1 January 2005 is of the number of days in the corporation’s year, and

ii.  20% of the amount obtained by multiplying the amount determined for the year under paragraph d of section 1029.8.36.0.56 in relation to the recognized business, by the proportion that the number of days in the year after 31 December 2004 is of the number of days in the corporation’s year;

(e)  where the taxation year of the corporation begins after 31 December 2004 and ends before 1 January 2014, 20% of the amount determined for the year under paragraph d of section 1029.8.36.0.56 in relation to the recognized business; and

(f)  where the taxation year of the corporation ends after 31 December 2013, 20% of the amount determined for the year under paragraph c of section 1029.8.36.0.56 in relation to the recognized business.

2000, c. 39, s. 176; 2001, c. 51, s. 164; 2003, c. 9, s. 258.

1029.8.36.0.59. The amount to which the first paragraph of section 1029.8.36.0.57 refers in relation to a qualified brokerage expenditure incurred by a corporation in a taxation year in the course of carrying on a recognized business, is, where the amount determined under paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 is the qualified brokerage expenditure for that taxation year, equal to the aggregate of

(a)  40% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the corporation in the year, but after 9 March 1999 and before 1 January 2002;

(b)  30% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the corporation in the year, but after 31 December 2001 and before 1 January 2005; and

(c)  20% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the corporation in the year, but after 31 December 2004 and before 1 January 2014.

2000, c. 39, s. 176; 2001, c. 51, s. 165; 2003, c. 9, s. 259.

1029.8.36.0.60. Where a partnership carries on a recognized business in a fiscal period and incurs in that fiscal period, in the course of carrying on that business, a qualified brokerage expenditure, each corporation that is a member of the partnership at the end of the fiscal period, that is not an excluded corporation for its taxation year in which the fiscal period ends and that encloses, with its fiscal return it is required to file for that taxation year under section 1000, the documents referred to in the second paragraph, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to the amount determined in its respect under section 1029.8.36.0.61 or 1029.8.36.0.62, as the case may be, in relation to the qualified brokerage expenditure.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the certificates each of which is a valid certificate that was issued to the partnership for the fiscal period in respect of an eligible contract concerning eligible customs brokerage services in respect of which the partnership incurred fees included in computing its qualified brokerage expenditure, and that is referred to in the definition of “eligible contract” in the first paragraph of section 1029.8.36.0.55.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 260.

1029.8.36.0.61. The amount to which the first paragraph of section 1029.8.36.0.60 refers in respect of a corporation in relation to a qualified brokerage expenditure incurred by a partnership in a fiscal period in the course of carrying on a recognized business, is, where the amount to which paragraph a of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 refers is the qualified brokerage expenditure for that fiscal period, equal to,

(a)  where the fiscal period of the partnership ends before 1 January 2002, the amount obtained by multiplying 40% of the amount determined for the fiscal period under paragraph a  of section 1029.8.36.0.56 in relation to the recognized business by the corporation’s share of the qualified brokerage expenditure;

(b)  where the fiscal period of the partnership begins before 1 January 2002 and ends after 31 December 2001, the amount obtained by multiplying the aggregate of the following amounts by the corporation’s share of the qualified brokerage expenditure:

i.  40% of the amount determined for the fiscal period under subparagraph i of paragraph b of section 1029.8.36.0.56 in relation to the recognized business, and

ii.  30% of the amount determined for the fiscal period under subparagraph ii of paragraph b of section 1029.8.36.0.56 in relation to the recognized business;

(c)  where the fiscal period of the partnership begins after 31 December 2001 and ends before 1 January 2005, the amount obtained by multiplying 30% of the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.56 in relation to the recognized business by the corporation’s share of the qualified brokerage expenditure;

(d)  where the fiscal period of the partnership begins before 1 January 2005 and ends after 31 December 2004, the amount obtained by multiplying the aggregate of the following amounts by the corporation’s share of the qualified brokerage expenditure:

i.  30% of the amount obtained by multiplying the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.56 in relation to the recognized business, by the proportion that the number of days in the fiscal period before 1 January 2005 is of the number of days in the partnership’s fiscal period, and

ii.  20% of the amount obtained by multiplying the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.56 in relation to the recognized business, by the proportion that the number of days in the fiscal period after 31 December 2004 is of the number of days in the partnership’s fiscal period;

(e)  where the fiscal period of the partnership begins after 31 December 2004 and ends before 1 January 2014, the amount obtained by multiplying 20% of the amount determined for the fiscal period under paragraph d of section 1029.8.36.0.56 in relation to the recognized business by the corporation’s share of the qualified brokerage expenditure; and

(f)  where the fiscal period of the partnership ends after 31 December 2013, the amount obtained by multiplying 20% of the amount determined for the fiscal period under paragraph c of section 1029.8.36.0.56 in relation to the recognized business by the corporation’s share of the qualified brokerage expenditure.

2000, c. 39, s. 176; 2001, c. 51, s. 166; 2003, c. 9, s. 261.

1029.8.36.0.62. The amount to which the first paragraph of section 1029.8.36.0.60 refers in respect of a corporation in relation to a qualified brokerage expenditure incurred by a partnership in a fiscal period in the course of carrying on a recognized business, is, where the amount determined under paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 is the qualified brokerage expenditure for that fiscal period, equal to the aggregate of

(a)  the amount obtained by multiplying 40% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the partnership in the fiscal period, but after 9 March 1999 and before 1 January 2002, by the corporation’s share of the qualified brokerage expenditure;

(b)  the amount obtained by multiplying 30% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the partnership in the fiscal period, but after 31 December 2001 and before 1 January 2005, by the corporation’s share of the qualified brokerage expenditure; and

(c)  the amount obtained by multiplying 20% of the portion of the qualified brokerage expenditure that may reasonably be considered to be attributable to the fees incurred by the partnership in the fiscal period, but after 31 December 2004 and before 1 January 2014, by the corporation’s share of the qualified brokerage expenditure.

2000, c. 39, s. 176; 2001, c. 51, s. 167; 2003, c. 9, s. 262.

1029.8.36.0.63. For the purposes of sections 1029.8.36.0.61 and 1029.8.36.0.62, a corporation’s share of a qualified brokerage expenditure incurred in a fiscal period by a partnership is equal to the agreed proportion of the qualified brokerage expenditure in respect of the corporation for the fiscal period.

2000, c. 39, s. 176; 2009, c. 15, s. 248.

1029.8.36.0.64. Where a corporation referred to in section 1029.8.36.0.60 has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period referred to in that section, government assistance or non-government assistance in respect of fees included in computing a qualified brokerage expenditure incurred by the partnership in that fiscal period, the qualified brokerage expenditure shall, for the purpose of computing the amount deemed to have been paid to the Minister by the corporation under that section 1029.8.36.0.60 for the taxation year referred to therein in relation to the qualified brokerage expenditure, be determined as if

(a)  the amount of the assistance had been received by the partnership in the fiscal period; and

(b)  the amount of the assistance were equal to the product obtained by multiplying the amount of assistance otherwise determined by the reciprocal of the agreed proportion in respect of the corporation for that fiscal period of the partnership.

2000, c. 39, s. 176; 2009, c. 15, s. 249.

1029.8.36.0.65. Subject to sections 1010 to 1011, for the purposes of this division, if Investissement Québec replaces or revokes a certificate issued to a corporation or a partnership, the following rules apply:

(a)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2000, c. 39, s. 176; 2005, c. 23, s. 181.

1029.8.36.0.66. Where, before 1 January 2015, a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance referred to in subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 that was taken into account for the purpose of computing a qualified brokerage expenditure incurred by the corporation in a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.0.57 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the qualified brokerage expenditure, under section 1029.8.36.0.57, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under subparagraph 2 of any of subparagraphs i to iii of that paragraph b, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.57 for the particular year, in respect of the qualified brokerage expenditure; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year, in respect of an amount of repayment of that assistance.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 157; 2003, c. 9, s. 263.

1029.8.36.0.67. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance referred to in subparagraph 2 of subparagraph ii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 that was taken into account for the purpose of computing a qualified brokerage expenditure incurred by the partnership in a particular fiscal period ending in a particular taxation year and in respect of which a corporation that is a member of the partnership at the end of the particular fiscal period is deemed to have paid an amount to the Minister under section 1029.8.36.0.60 for the particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if

i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55, and

ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for the particular year, in respect of the qualified brokerage expenditure, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the partnership as repayment of that assistance, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 158; 2003, c. 9, s. 264; 2006, c. 36, s. 142; 2009, c. 15, s. 250.

1029.8.36.0.68. Where, before 1 January 2015, a corporation that is a member of a partnership pays, in a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance, in respect of fees included in computing a qualified brokerage expenditure incurred by the partnership in a particular fiscal period, that is referred to in the portion of section 1029.8.36.0.64 before paragraph a and that, pursuant to that section, reduced the qualified brokerage expenditure for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.60, in respect of the qualified brokerage expenditure, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for its taxation year in which the particular fiscal period ends, in respect of the qualified brokerage expenditure, if

i.  the aggregate referred to in subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure“ in the first paragraph of section 1029.8.36.0.55 and determined with reference to section 1029.8.36.0.64, were reduced, for the particular fiscal period, by the product obtained by multiplying any amount of such assistance so repaid at or before the end of the fiscal period of repayment by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment, and

ii.  except for the purposes of section 1029.8.36.0.64, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.60 for its taxation year in which the particular fiscal period ends, in respect of the qualified brokerage expenditure, if, except for the purposes of section 1029.8.36.0.64, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if, except for the purposes of section 1029.8.36.0.64, the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 159; 2003, c. 9, s. 265; 2006, c. 36, s. 143; 2009, c. 15, s. 251.

1029.8.36.0.69. For the purposes of sections 1029.8.36.0.66 to 1029.8.36.0.68, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or a partnership, as the case may be, pursuant to a legal obligation, if that amount

(a)  reduced, because of subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 or because of section 1029.8.36.0.64, the amount of the fees referred to in subparagraph 1 of any of subparagraphs i to iii of that paragraph, for the purpose of computing a qualified brokerage expenditure in respect of which the corporation or a corporation that is a member of the partnership is deemed to have paid an amount to the Minister under section 1029.8.36.0.57 or 1029.8.36.0.60;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 266.

1029.8.36.0.70. Where, in respect of an eligible contract entered into by a particular corporation or partnership, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the provision of services under the contract, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the particular corporation is deemed to have paid to the Minister under section 1029.8.36.0.57 for a particular taxation year, the aggregate referred to in subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 in respect of the particular corporation for the particular year, in relation to the services rendered under the eligible contract, shall be increased by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the particular corporation’s filing-due date for the particular year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.0.60 by a corporation that is a member of the particular partnership at the end of the particular partnership’s particular fiscal period ending in the year, the aggregate referred to in subparagraph 2 of any of subparagraphs i to iii of paragraph b of the definition of “qualified brokerage expenditure” in the first paragraph of section 1029.8.36.0.55 in respect of the particular partnership for that fiscal period, in relation to the services rendered under the eligible contract, shall be increased by

i.  the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, and

ii.  the product obtained by multiplying the amount of the benefit or advantage that the corporation or a person with whom the corporation is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, by the reciprocal of the agreed proportion in respect of the corporation for the particular partnership’s particular fiscal period.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 267; 2004, c. 21, s. 343; 2009, c. 15, s. 252.

1029.8.36.0.71. (Repealed).

2000, c. 39, s. 176; 2002, c. 9, s. 80.

DIVISION II.6.0.6 CREDIT FOR ACQUISITION COSTS OR RENTAL EXPENSES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

§ 1 . — Interpretation

2000, c. 39, s. 176.

1029.8.36.0.72. In this division,

“acquisition costs” incurred by a corporation in a taxation year or by a partnership in a fiscal period, in respect of qualified property in the course of carrying on a recognized business, means the aggregate of the costs incurred by the corporation or the partnership in the year or the fiscal period, but after 9 March 1999, to acquire the qualified property and that are included in the capital cost of the property, other than the costs so included under section 180 or 182;

“excluded corporation” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“qualified property” of a corporation or a partnership that carries on a recognized business in a taxation year or a fiscal period, as the case may be, means

(a)  in the case of property acquired by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, before 1 January 2001, property

i.  that is depreciable property, other than incorporeal property,

ii.  that is acquired, by the corporation or the partnership, before 1 January 2011, under a contract in writing entered into after 9 March 1999, and within a reasonable time after the effective date of the certificate referred to in subparagraph v,

iii.  that, before being acquired by the corporation or the partnership, has not been used for any purpose whatever nor acquired for use or lease for any purpose whatever,

iv.  that the corporation or the partnership, within a reasonable time after its acquisition, begins to use exclusively in the international trade zone, and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business, and carried on in that zone by the corporation or the partnership, and

v.  in respect of which a certificate that is valid for the year or the fiscal period has been issued to the corporation or the partnership by Investissement Québec;

(a.1)  in the case of property acquired by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective after 31 December 2000 and before 1 January 2004, property

i.  that meets the conditions set out in subparagraphs i and iii to v of paragraph a, and

ii.  that is acquired by the corporation or the partnership under a contract in writing entered into on or before the day that is ten years after the effective date of that certificate, within a reasonable time after the effective date of the certificate described in subparagraph v of paragraph a and issued in respect of the property;

(a.2)  in the case of property acquired by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective after 31 December 2003, property

i.  that meets the conditions set out in subparagraphs i and iii to v of paragraph a, and

ii.  that is acquired by the corporation or the partnership under a contract in writing entered into before 1 January 2014, within a reasonable time after the effective date of the certificate described in subparagraph v of paragraph a and issued in respect of the property;

(b)  in the case of property leased by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, before 1 January 2001, property

i.  that is leased, by the corporation or the partnership, under a contract in writing entered into after 9 March 1999 and before 1 January 2011,

ii.  that, before being leased by the corporation or the partnership, has not been used for any purpose whatever and was not acquired for use or lease for any purpose other than for lease to the corporation or the partnership,

iii.  that the corporation or the partnership, within a reasonable time after the date on which the contract referred to in subparagraph i is entered into, begins to use exclusively in the international trade zone, and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business, and carried on in that zone by the corporation or the partnership, and

iv.  in respect of which a certificate that is valid for all or part of the year or fiscal period has been issued to the corporation or the partnership by Investissement Québec;

(c)  in the case of property leased by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2000 and before 1 January 2004, property

i.  that is leased by the corporation or the partnership under a contract in writing entered into on or before the day that is ten years after the effective date of that certificate,

ii.  that, before being leased by the corporation or the partnership, has not been used for any purpose whatever and was not acquired for use or lease for any purpose other than for lease to the corporation or the partnership,

iii.  that the corporation or the partnership, within a reasonable time after the date on which the contract referred to in subparagraph i is entered into, begins to use exclusively in the international trade zone, and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business, and carried on in that zone by the corporation or the partnership, and

iv.  in respect of which a certificate that is valid for all or part of the year or fiscal period has been issued to the corporation or the partnership by Investissement Québec; or

(d)  in the case of property leased by the corporation or the partnership the valid certificate of which issued thereto in respect of the recognized business became effective or is deemed to have become effective, in accordance with the third paragraph, after 31 December 2003, property

i.  that is leased by the corporation or the partnership under a contract in writing entered into before 1 January 2014,

ii.  that, before being leased by the corporation or the partnership, has not been used for any purpose whatever and was not acquired for use or lease for any purpose other than for lease to the corporation or the partnership,

iii.  that the corporation or the partnership, within a reasonable time after the date on which the contract referred to in subparagraph i is entered into, begins to use exclusively in the international trade zone, and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business, and carried on in that zone by the corporation or the partnership, and

iv.  in respect of which a certificate that is valid for all or part of the year or fiscal period has been issued to the corporation or the partnership by Investissement Québec;

“qualifying lease period” applicable to qualified property leased by a corporation or a partnership means the lease period of the property shown on the certificate issued to the corporation or the partnership in respect of the property;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.0.38 and by section 1029.8.36.0.38.1;

“rental expenses” paid by a corporation in a taxation year or by a partnership in a fiscal period, in respect of qualified property in the course of carrying on a recognized business, means the aggregate of the expenses paid by the corporation or partnership in the year or fiscal period, but after 9 March 1999, for the lease of the qualified property to the extent that such expenses are deductible in computing the income of the corporation or partnership under this Part and may reasonably be considered to relate to the lease of the qualified property for any period of the year or fiscal period, within the qualifying lease period applicable to the property, during which the property is used by the corporation or partnership exclusively in the international trade zone, and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business, and carried on in that zone by the corporation or partnership.

For the purposes of subparagraph iv of paragraph a and subparagraph iii of any of paragraphs b to d of the definition of “qualified property” in the first paragraph, where, at any time after 13 March 2000, a corporation or a partnership has acquired or leased a property that it begins to use, within a reasonable time after its acquisition or after the date on which the contract of lease referred to in subparagraph i of those paragraphs b to d is entered into, exclusively or almost exclusively to earn income from the business activities, carried on in Québec but outside the international trade zone, to which paragraph a of section 1029.8.36.0.38.1 applies, and the property would be a qualified property if the definition of that expression were read without subparagraph iv of paragraph a thereof or without subparagraph iii of paragraphs b to d thereof, as the case may be, the corporation or the partnership is deemed, from that time and throughout the period during which the property is being used exclusively or almost exclusively in the course of the business activities, to use the property exclusively in the international trade zone and exclusively or almost exclusively to earn income from the activities shown on the certificate issued to the corporation or the partnership in respect of the recognized business and carried on within the international trade zone by the corporation or the partnership.

For the purposes of the first paragraph, where a corporation or partnership, in this paragraph referred to as the “transferee entity”, carries on at a particular time in a taxation year or fiscal period a business in respect of which Investissement Québec issued a qualification certificate and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business carried on before that time by a corporation or partnership, in this paragraph referred to as the “transferor entity”, the effective date of the qualification certificate issued to the transferee entity, in relation to the recognized business, is deemed to be the same as the effective date of the qualification certificate issued to the transferor entity, in relation to the recognized business or that part of the recognized business.

2000, c. 39, s. 176; 2001, c. 51, s. 168; 2003, c. 9, s. 268; 2004, c. 21, s. 344; 2005, c. 23, s. 182; 2007, c. 12, s. 181.

§ 2 . — Credits

2000, c. 39, s. 176.

1029.8.36.0.73. A corporation, other than an excluded corporation, that, in a taxation year, carries on a recognized business in connection with which it incurs acquisition costs in respect of qualified property or pays rental expenses in respect of such property is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 25% of the acquisition costs or rental expenses, as the case may be, if it encloses with its fiscal return it is required to file for the year under section 1000 the documents referred to in the second paragraph.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid certificate issued to the corporation in respect of the qualified property and referred to in the definition of “qualified property” in the first paragraph of section 1029.8.36.0.72.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 269.

1029.8.36.0.74. Where, in a fiscal period, a partnership carries on a recognized business in connection with which it incurs acquisition costs in respect of qualified property or pays rental expenses in respect of such property, each corporation that is a member of the partnership at the end of the fiscal period, that is not an excluded corporation for its taxation year in which the fiscal period ends is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 25% of the corporation’s share of the acquisition costs or rental expenses, as the case may be, if it encloses with its fiscal return it is required to file for that taxation year under section 1000 the documents referred to in the second paragraph.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid certificate issued to the partnership in respect of the qualified property and referred to in the definition of “qualified property” in the first paragraph of section 1029.8.36.0.72.

For the purposes of the first paragraph, a corporation’s share of the acquisition costs incurred or rental expenses paid by a partnership in a fiscal period is equal to the agreed proportion of the costs in respect of the corporation for that fiscal period.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2003, c. 9, s. 270; 2009, c. 15, s. 253.

1029.8.36.0.74.1. For the purposes of this division, no amount may be deemed to have been paid to the Minister by a corporation for a taxation year under section 1029.8.36.0.73 or 1029.8.36.0.74, in respect of particular expenses relating to property that is an integral part of a strategic building, within the meaning assigned by the first paragraph of section 1029.8.36.0.84, that are included in the acquisition costs or rental expenses of the corporation, where, in respect of those particular expenses, an amount is deemed under Division II.6.0.7 to have been paid to the Minister by another corporation for any taxation year.

2002, c. 9, s. 81.

1029.8.36.0.74.2. Notwithstanding section 1029.8.36.0.73, no amount may, in relation to qualified property, be deemed to have been paid to the Minister by a corporation for a taxation year, in respect of acquisition costs incurred by the corporation in that year in respect of the property, where at any time before the corporation’s filing-due date for that taxation year, the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the corporation exclusively in the international trade zone and, exclusively or almost exclusively, to earn income from activities shown on the certificate issued to the corporation in respect of the recognized business and carried on in that zone by the corporation.

For the purposes of the first paragraph, where, at any time, a corporation disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the corporation is deemed not to have ceased to use, at that time, the property by reason of its obsolescence; in that respect, where the parties to the sale are not dealing with each other at arm’s length, the proceeds of disposition of the property are deemed to be equal to its fair market value.

2004, c. 21, s. 345.

1029.8.36.0.74.3. Notwithstanding section 1029.8.36.0.74, no amount may, in relation to qualified property, be deemed to have been paid to the Minister by a corporation for a taxation year, in respect of acquisition costs that the partnership of which the corporation is a member incurred in respect of the property in its fiscal period that ends in the year, where at any time on or before the corporation’s filing-due date for that taxation year, the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the partnership exclusively in the international trade zone and, exclusively or almost exclusively, to earn income from activities shown on the certificate issued to the partnership in respect of the recognized business and carried on in that zone by the partnership.

For the purposes of the first paragraph, where, at any time, a partnership disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the partnership is deemed not to have ceased to use, at that time, the property by reason of its obsolescence.

2004, c. 21, s. 345.

1029.8.36.0.75. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.73 or 1029.8.36.0.74, the following rules apply:

(a)  the amount of the acquisition costs or rental expenses referred to in the first paragraph of section 1029.8.36.0.73 shall be reduced, where applicable, by the aggregate of all amounts each of which is an amount of any government assistance or non-government assistance, attributable to the costs or expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for that year; and

(b)  the share referred to in the first paragraph of section 1029.8.36.0.74, for a fiscal period of a partnership ending in that taxation year, of a corporation that is a member of that partnership of the amount of the acquisition costs or rental expenses referred to therein, shall be reduced, where applicable,

i.  by the corporation’s share, for that fiscal period, of the aggregate of all amounts each of which is an amount of any government assistance or non-government assistance, attributable to the costs or expenses, that the partnership has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period in which the partnership incurred the acquisition costs or paid the rental expenses, and

ii.  by the aggregate of all amounts each of which is an amount of any government assistance or non-government assistance, attributable to the costs or expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period in which the partnership incurred the acquisition costs or paid the rental expenses.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the share, for a fiscal period of a partnership, of a corporation that is a member of that partnership of the aggregate of all amounts each of which is an amount of any government assistance or non-government assistance that the partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the aggregate in respect of the corporation for that fiscal period.

2000, c. 39, s. 176; 2009, c. 15, s. 254.

1029.8.36.0.76. Subject to sections 1010 to 1011, for the purposes of this division, if Investissement Québec replaces or revokes a certificate issued to a corporation or a partnership, the following rules apply:

(a)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2000, c. 39, s. 176; 2005, c. 23, s. 183.

1029.8.36.0.77. Where, before 1 January 2015, a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.36.0.75, acquisition costs incurred or rental expenses paid by the corporation, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a particular taxation year, in respect of the costs or expenses, under section 1029.8.36.0.73, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the costs or expenses, under section 1029.8.36.0.73, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under that paragraph a, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.73 for the particular year in respect of the costs or expenses; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 160; 2003, c. 9, s. 271.

1029.8.36.0.78. Where, before 1 January 2015, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.0.75, the share, for a particular fiscal period of the partnership, of a corporation that is a member of the partnership, of the acquisition costs incurred or rental expenses paid by the partnership, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.74, in respect of that share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.74 for its taxation year in which the particular fiscal period ends, in respect of that share, if

i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.0.75, and

ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.74 for its taxation year in which the particular fiscal period ends, in respect of that share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 161; 2003, c. 9, s. 272; 2006, c. 36, s. 144; 2009, c. 15, s. 255.

1029.8.36.0.79. Where, before 1 January 2015, a corporation that is a member of a partnership pays, in a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.0.75, the corporation’s share, for a particular fiscal period of the partnership, of the acquisition costs incurred or rental expenses paid by the partnership, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.74, in respect of that share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form with the fiscal return it is required to file for that year under section 1000 and is a member of the partnership at the end of the fiscal period of repayment, an amount equal to the amount by which

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.74 for its taxation year in which the particular fiscal period ends, in respect of the share, if:

i.  any amount of such assistance so repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the aggregate determined under subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.0.75, and

ii.  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; exceeds

(b)  the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.74 for its taxation year in which the particular fiscal period ends, in respect of that share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2000, c. 39, s. 176; 2001, c. 51, s. 228; 2002, c. 40, s. 162; 2003, c. 9, s. 273; 2006, c. 36, s. 145; 2009, c. 15, s. 256.

1029.8.36.0.80. For the purposes of sections 1029.8.36.0.77 to 1029.8.36.0.79, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or a partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.0.75, acquisition costs or rental expenses, or the share of a corporation that is a member of the partnership of such costs or expenses, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.73 or 1029.8.36.0.74;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2000, c. 39, s. 176.

1029.8.36.0.81. For the purposes of this division, the acquisition costs incurred or rental expenses paid by a corporation or a partnership in respect of qualified property shall be reduced by the amount of the consideration for the disposition or lease of another property, or for the provision of services, to the corporation or a person with whom the corporation does not deal at arm’s length, or to the partnership, one of its members or a person with whom one of its members does not deal at arm’s length, except where the consideration may reasonably be considered to relate to the acquisition, lease or installation of the qualified property or the acquisition of property resulting from work related to the installation of the qualified property or of property consumed in connection with such work.

2000, c. 39, s. 176.

1029.8.36.0.82. If, in respect of the acquisition or lease of qualified property by a particular corporation or partnership, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the supply or installation of the qualified property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the particular corporation is deemed to have paid to the Minister under section 1029.8.36.0.73 for a particular taxation year, the acquisition costs incurred or rental expenses paid by the corporation, in respect of the qualified property, in the particular year, shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the particular corporation’s filing-due date for the particular year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.0.74 by a corporation that is a member of the particular partnership at the end of the partnership’s particular fiscal period ending in the year, the corporation’s share, for the particular fiscal period, of the acquisition costs incurred or rental expenses paid by the partnership in respect of the qualified property, in that fiscal period, shall be reduced by

i.  the corporation’s share, for the particular fiscal period, of the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period, and

ii.  the amount of the benefit or advantage that the corporation or a person with whom the corporation is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the particular fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the share, for a fiscal period of a partnership, of a corporation that is a member of that partnership of the amount of the benefit or advantage that the partnership or a person referred to in that subparagraph i has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the corporation for that fiscal period.

2000, c. 39, s. 176; 2004, c. 21, s. 346; 2006, c. 36, s. 146; 2009, c. 15, s. 257.

1029.8.36.0.83. (Repealed).

2000, c. 39, s. 176; 2002, c. 9, s. 82.

DIVISION II.6.0.7 CREDIT FOR THE CONSTRUCTION, RENOVATION OR ALTERATION OF STRATEGIC BUILDINGS IN THE INTERNATIONAL TRADE ZONE AT MIRABEL

2002, c. 9, s. 83.

§ 1 . — Interpretation and general

2002, c. 9, s. 83.

1029.8.36.0.84. In this division,

“completion date of the work” on a strategic building of a corporation means the date on which the construction, renovation or alteration work in relation to the building is completed and that is specified in the work completion certificate that Investissement Québec issues to the corporation in respect of the building;

“eligible expenses” incurred by a qualified corporation in a taxation year, in respect of a strategic building, means

(a)  where the certificate referred to in the definition of “strategic building” became effective before 1 January 2001, the aggregate of all expenses

i.  that were incurred after 29 June 2000 and before the completion date of the work by the corporation in the year and that may reasonably be attributed to work carried out by or on behalf of the corporation, for the construction, renovation or alteration of the building after 29 June 2000 and before the earlier of

(1)  the completion date of the work, and

(2)   13 June 2004, and

ii.  that are included, at the end of that year, in the capital cost of the building;

(b)  where the certificate referred to in the definition of “strategic building” became effective after 31 December 2000 and before 1 January 2004, the aggregate of all the expenses

i.  that were incurred by the corporation in that year, before the completion date of the work, and that may reasonably be attributed to work carried out by or on behalf of the corporation, for the construction, renovation or alteration of the building before the earlier of

(1)  the completion date of the work, and

(2)  13 June 2004, and

ii.  that are included, at the end of that year, in the capital cost of the building;

(c)  (paragraph repealed);

“filing period” of a qualified corporation in respect of a strategic building of the qualified corporation means the 9 taxation years of the corporation that are subsequent to the corporation’s taxation year that includes the completion date of the work on the building;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“qualified corporation”, for a taxation year, means a corporation that carries on business in Québec and has an establishment in Québec in the year, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

(c)  (paragraph repealed);

“strategic building” of a corporation means a building or any part thereof situated in the international trade zone, in respect of which a valid qualification certificate is issued to the corporation by Investissement Québec for all or part of a taxation year of the corporation.

For the purposes of the definition of “eligible expenses” in the first paragraph,

(a)  eligible expenses incurred by a qualified corporation in a taxation year, in respect of a strategic building, include an expenditure of a capital nature relating to earthworks or the preparation of a runway or of a parking area;

(b)  an amount incurred or paid in a taxation year that relates to work carried out in a subsequent taxation year is deemed not to have been incurred or paid in that year but to have been incurred or paid in the subsequent year.

2002, c. 9, s. 83; 2003, c. 9, s. 274; 2004, c. 21, s. 347; 2005, c. 1, s. 240; 2005, c. 23, s. 184.

§ 2 . — Credit

2002, c. 9, s. 83.

1029.8.36.0.85. A qualified corporation that, in a taxation year, incurs eligible expenses in respect of a strategic building and encloses, with its fiscal return it is required to file for the year under section 1000, a copy of the valid qualification certificate issued by Investissement Québec for the year in respect of the building and the prescribed form containing the prescribed information, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for the year under this Part, an amount equal to 25% of its eligible expenses incurred in that year in respect of the building, to the extent that those expenses are paid.

Subject to the third paragraph, for the purpose of computing the payments that a qualified corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The second paragraph does not apply to a qualified corporation where the strategic building in respect of which the qualified corporation is deemed to have paid an amount to the Minister under the first paragraph is, as the case may be, used mainly by the qualified corporation in a taxation year, or used mainly, in a fiscal period that ends in that year, by a partnership of which the qualified corporation is a member at the end of that fiscal period, in connection with a business in respect of which the corporation

(a)  may deduct an amount for the year in computing its taxable income under section 737.18.11;

(b)  may deduct an amount for the year in computing its paid-up capital under paragraph d or e of section 1137;

(c)  is deemed to have paid an amount to the Minister for the year under Division II.6.0.4, II.6.0.5 or II.6.0.6; or

(d)  is not required to pay, at any time in the year, a contribution in respect of the wages of one of its employees because of subparagraph b of the seventh paragraph of section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

2002, c. 9, s. 83; 2002, c. 40, s. 163; 2003, c. 9, s. 275; 2005, c. 23, s. 185.

1029.8.36.0.86. For the purposes of this division, no amount may be deemed to have been paid to the Minister by a qualified corporation for a taxation year under section 1029.8.36.0.85, in respect of particular expenses relating to property that is an integral part of a strategic building, that are included in the eligible expenses incurred by the corporation in the year in respect of the building, where, in respect of those particular expenses, an amount is deemed, under Division II.6.0.6, to have been paid to the Minister by another corporation for any taxation year.

2002, c. 9, s. 83.

§ 3 . — Filing of an annual qualification certificate following work completion

2002, c. 9, s. 83.

1029.8.36.0.87. A qualified corporation that, for any taxation year, is deemed to have paid an amount to the Minister under this Division shall, for any particular taxation year included in the corporation’s filing period in respect of a strategic building of the corporation and on or before the corporation’s filing-due date for that particular year, file with the Minister a copy of the valid qualification certificate issued by Investissement Québec for that particular year in respect of the building.

2002, c. 9, s. 83; 2005, c. 23, s. 186.

§ 4 . — Government assistance, non-government assistance and other particulars

2002, c. 9, s. 83.

1029.8.36.0.88. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.85, the amount of the eligible expenses that the qualified corporation incurred in a taxation year in respect of a strategic building shall be reduced, where applicable, by the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to those expenses that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year.

2002, c. 9, s. 83.

1029.8.36.0.89. Where a corporation pays in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced, because of section 1029.8.36.0.88, eligible expenses incurred by the corporation in respect of a strategic building, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for a particular taxation year, in respect of the expenses, under section 1029.8.36.0.85, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the expenses, under section 1029.8.36.0.85, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under that section 1029.8.36.0.88, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.85 for the particular year in respect of the expenses; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2002, c. 9, s. 83; 2002, c. 40, s. 164.

1029.8.36.0.90. For the purposes of section 1029.8.36.0.89, an amount of assistance is deemed to be repaid, at a particular time, by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.0.88, eligible expenses of the qualified corporation, for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.0.85;

(b)  was not received by the qualified corporation; and

(c)  ceased at the particular time to be an amount that the qualified corporation may reasonably expect to receive.

2002, c. 9, s. 83.

1029.8.36.0.91. For the purposes of this division, the eligible expenses incurred by a qualified corporation in a taxation year in respect of a strategic building shall be reduced by the amount of the consideration for the disposition or lease of another property, or for the provision of services, to the qualified corporation or a person with whom the corporation does not deal at arm’s length, except where the consideration may reasonably be considered to relate to property resulting from work, or services, related to the construction, renovation or alteration of the strategic building, or property or a part of property consumed in connection with such work or services.

2002, c. 9, s. 83.

1029.8.36.0.92. Where, in respect of the construction, renovation or alteration of a strategic building of a qualified corporation, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the construction, renovation or alteration of the strategic building, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the amount of eligible expenses incurred by the qualified corporation in a taxation year in respect of the building shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the filing-due date of the qualified corporation for that taxation year.

2002, c. 9, s. 83.

1029.8.36.0.93. Subject to sections 1010 to 1011 and for the purposes of this division, if Investissement Québec replaces or revokes a qualification certificate or a work completion certificate issued to a qualified corporation for a taxation year, the following rules apply:

(a)  the replaced qualification certificate is null from the time it was issued or deemed issued and the new qualification certificate is deemed to have been issued at that time for that taxation year;

(b)  the replaced work completion certificate is null from the time it was issued or deemed issued and the new work completion certificate is deemed to have been issued at that time for that taxation year; and

(c)  the revoked qualification certificate is null from the time the revocation takes effect and the revoked work completion certificate is null from that time.

The revoked qualification certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified on the notice of revocation and the revoked work completion certificate referred to in the first paragraph is deemed not to have been issued as of that date.

2002, c. 9, s. 83; 2005, c. 23, s. 187.

DIVISION II.6.0.8 CREDIT FOR THE PRODUCTION OF ETHANOL IN QUÉBEC

2006, c. 36, s. 147.

§ 1 . — Interpretation

2006, c. 36, s. 147.

1029.8.36.0.94. In this division,

“associated group” in a taxation year means all the corporations that meet the following conditions:

(a)  the corporations are associated with each other in the taxation year; and

(b)  each corporation is a qualified corporation for the taxation year and has an eligibility period that includes all or part of the taxation year;

“average monthly price of crude oil” in respect of a particular month in a taxation year means the arithmetic average of the daily closing values, for the particular month, on the New York Mercantile Exchange (NYMEX) of the price per barrel of West Texas Intermediate in Oklahoma in the United States (WTI-Cushing), expressed in American dollars;

“eligibility period” of a qualified corporation means the period that begins on 1 April 2006 or, if it is later, on the particular day on which the qualified corporation begins producing eligible ethanol in Québec to be sold in Québec to the holder of a collection officer’s permit issued under the Fuel Tax Act (chapter T-1) and that ends on 31 March 2018 or, if it is earlier, on the last day of the 10-year period beginning on the particular day;

“eligible ethanol” means the ethyl alcohol with the chemical formula C2H5OH produced from renewable materials to be sold as a product to be blended directly with gasoline or for use as an input in the reformulation of gasoline or the making of ethyl tertiary-butyl ether;

“eligible production of ethanol” of a qualified corporation, for a particular period that is a taxation year or a part of the taxation year, means the number of litres of eligible ethanol that the qualified corporation produces in Québec in the part of the particular period that is included in its eligibility period, and that, on or before the qualified corporation’s filing-due date for the taxation year, is sold in Québec to a holder of a collection officer’s permit issued under the Fuel Tax Act or that, on that date, may reasonably be expected to be sold in Québec after that date to such a holder;

“month” means, in the case where a taxation year begins on a day in a calendar month other than the first day of that month, any period that begins on that day in a calendar month within the taxation year, other than the month in which the year ends, and that ends on the day immediately preceding that day in the calendar month that follows that month or, for the month in which the taxation year ends, on the day on which that year ends, and if there is no such immediately preceding day in the following month, on the last day of that month;

“qualified corporation” for a taxation year means a corporation that, in the year, has an establishment in Québec where it carries on a business engaged in the production of eligible ethanol, other than a corporation

(a)  that is exempt from tax for the year under Book VIII; or

(b)  that would be exempt from tax for the year under section 985, but for section 192.

For the purposes of the definition of “eligible production of ethanol” in the first paragraph, the qualified corporation is deemed to be selling its production of eligible ethanol in Québec in the order in which it carried out the production.

2006, c. 36, s. 147.

§ 2 . — Credit

2006, c. 36, s. 147.

1029.8.36.0.95. A corporation that, for a taxation year included in whole or in part in the corporation’s eligibility period, is a qualified corporation and that encloses the documents referred to in the third paragraph with the fiscal return the corporation is required to file under section 1000 for the taxation year is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for the taxation year, on account of its tax payable for the taxation year under this Part, an amount equal to the amount by which the amount determined under section 1029.8.36.0.99 is exceeded by the lesser of

(a)  the aggregate of all amounts each of which is an amount determined, for a particular month of the taxation year, by the formula

A × [$0.185 − ($0.0082 × B + $0.004 × C)]; and

(b)  the balance of the qualified corporation’s cumulative credit limit, for the taxation year.

In the formula in subparagraph a of the first paragraph,

(a)  A, expressed as a number of litres, is the least of

i.  the qualified corporation’s eligible production of ethanol, for the particular month,

ii.  the amount by which the qualified corporation’s annual ceiling on the production of ethanol, for the taxation year, exceeds its eligible production of ethanol for the part of the taxation year that precedes the particular month, and

(iii)  the amount by which the balance of the qualified corporation’s cumulative ceiling on the production of ethanol, for the taxation year, exceeds its eligible production of ethanol for the part of the taxation year that precedes the particular month;

(b)  B is

i.  if the average monthly price of crude oil in respect of the particular month is greater than US$31, the number that represents the amount by which the average monthly price of crude oil, up to US$43, exceeds US$31, and

ii.  in any other case, zero; and

(c)  C is

i.  if the average monthly price of crude oil in respect of the particular month is greater than US$43, the number that represents the amount by which the average monthly price of crude oil, up to US$65, exceeds US$43, and

ii.  in any other case, zero.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of a report specifying, in respect of each month of the taxation year, the qualified corporation’s eligible production of ethanol and the average monthly price of crude oil; and

(c)  where applicable, a copy of the agreements described in sections 1029.8.36.0.96 to 1029.8.36.0.98.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, that corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the taxation year under this Part and of its tax payable for the taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2006, c. 36, s. 147.

1029.8.36.0.96. For the purposes of subparagraph b of the first paragraph of section 1029.8.36.0.95, the balance of the qualified corporation’s cumulative credit limit, for the taxation year, is equal,

(a)  if the qualified corporation is a member of an associated group in the taxation year, to the amount attributed for the taxation year to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, to zero or the amount, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, where applicable, for the taxation year; and

(b)  in any other case, to the amount by which the amount obtained by multiplying $0.152 by the lesser of 1.2 billion litres and the total of the numbers of litres each of which is the total nominal capacity of the plant in Québec of a corporation referred to in subparagraph i where the corporation produces eligible ethanol, determined for its eligibility period, or that of the plant in Québec of a corporation referred to in subparagraph ii where the corporation produces eligible ethanol, determined for the part of its eligibility period that ends at the end of the particular taxation year referred to in that subparagraph ii, exceeds the amount by which the aggregate of all amounts each of which is a tax that a corporation referred to in subparagraph i is required to pay under Part III.10.1.9 for the taxation year or a preceding taxation year or that a corporation referred to in subparagraph ii is required to pay under Part III.10.1.9 for the particular taxation year referred to in that subparagraph ii or a preceding taxation year, is exceeded by the aggregate of all amounts each of which is

i.  an amount that the qualified corporation or another corporation with which it is associated in the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 for a taxation year preceding the taxation year or under section 1029.8.36.0.101 for the taxation year or a preceding taxation year, or

ii.  an amount that a corporation that was associated with a corporation referred to in subparagraph i for the last time in a particular taxation year that precedes the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 or 1029.8.36.0.101 for the particular taxation year or a preceding taxation year.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the taxation year attribute to one or more of their number, for the purposes of this section, one or more amounts the total of which is not greater than the amount by which the amount obtained by multiplying $0.152 by the lesser of 1.2 billion litres and the total of the numbers of litres each of which is the total nominal capacity of the plant in Québec of a corporation referred to in subparagraph a where the corporation produces eligible ethanol, determined for its eligibility period, or that of the plant in Québec of a corporation referred to in subparagraph b where the corporation produces eligible ethanol, determined for the part of its eligibility period that ends at the end of the particular taxation year referred to in that subparagraph b, exceeds the amount by which the aggregate of all amounts each of which is a tax that a corporation referred to in subparagraph a is required to pay under Part III.10.1.9 for the taxation year or a preceding taxation year or that a corporation referred to in subparagraph b is required to pay under Part III.10.1.9 for the particular taxation year referred to in that subparagraph b or a preceding taxation year, is exceeded by the aggregate of all amounts each of which is

(a)  an amount that a qualified corporation that is a member of the associated group or another corporation that is not a member of the associated group but with which a qualified corporation that is a member of the associated group is associated in the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 for a taxation year preceding the taxation year or under section 1029.8.36.0.101 for the taxation year or a preceding taxation year; or

(b)  an amount that a corporation that was associated with a corporation referred to in subparagraph a for the last time in a particular taxation year that precedes the taxation year is deemed to have paid to the Minister under section 1029.8.36.0.95 or 1029.8.36.0.101 for the particular taxation year or a preceding taxation year.

2006, c. 36, s. 147.

1029.8.36.0.97. For the purposes of subparagraph ii of subparagraph a of the second paragraph of section 1029.8.36.0.95, the qualified corporation’s annual ceiling on the production of ethanol, for the taxation year, is

(a)  if the qualified corporation is a member of an associated group in the taxation year, the lesser of

i.  the number of litres that, but for this subparagraph a, would be determined for the taxation year in respect of the qualified corporation under this paragraph, and

ii.  the number of litres attributed for the taxation year to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, where applicable, for the taxation year;

(b)  if subparagraph a does not apply and the qualified corporation’s taxation year includes less than 365 days, or the first or last day of its eligibility period, the proportion of 126 million litres that the number of days in the taxation year that are included in the qualified corporation’s eligibility period is of the greater of 365 and the number of days in the taxation year; and

(c)  in any other case, 126 million litres.

The agreement to which subparagraph ii of subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the taxation year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the taxation year must not exceed the greatest of the numbers of litres that, but for that subparagraph a, would be determined for the taxation year in respect of each of those qualified corporations under the first paragraph.

2006, c. 36, s. 147.

1029.8.36.0.98. For the purposes of subparagraph iii of subparagraph a of the second paragraph of section 1029.8.36.0.95, the balance of the qualified corporation’s cumulative ceiling on the production of ethanol, for the taxation year, is

(a)  if the qualified corporation is a member of an associated group in the taxation year, the number of litres attributed for the taxation year to the qualified corporation pursuant to the agreement described in the second paragraph or, in the absence of such an agreement, zero or the number of litres, determined with reference to the rules set out in the second paragraph, attributed to the qualified corporation by the Minister, where applicable, for the taxation year; and

(b)  in any other case, the amount by which 1.2 billion litres exceed the total of the numbers of litres each of which is the number of litres determined under subparagraph a of the second paragraph of section 1029.8.36.0.95,

i.  in respect of the qualified corporation or of another corporation with which it is associated in the taxation year, for a month of a taxation year preceding the taxation year, or

ii.  in respect of a corporation that was associated with a corporation referred to in subparagraph i for the last time in a particular taxation year that precedes the taxation year, for a month of the particular taxation year or of a preceding taxation year.

The agreement to which subparagraph a of the first paragraph refers is the agreement under which all of the qualified corporations that are members of the associated group in the taxation year attribute to one or more of their number, for the purposes of this section, a number of litres; for that purpose, the total number of litres so attributed for the taxation year must not be greater than the amount by which 1.2 billion litres exceed the total of the numbers of litres each of which is the number of litres determined under subparagraph a of the second paragraph of section 1029.8.36.0.95,

(a)  in respect of a qualified corporation that is a member of the associated group or another corporation that is not a member of the associated group but with which a qualified corporation that is a member of the associated group is associated in the taxation year, for a month of a taxation year preceding the taxation year; or

(b)  in respect of a corporation that was associated with a corporation referred to in subparagraph a for the last time in a particular taxation year that precedes the taxation year, for a month of the particular taxation year or of a preceding taxation year.

If, in a particular taxation year, all or a portion of a corporation’s eligible production of ethanol, for a preceding taxation year, is sold to a person or partnership that is not the holder of a collection officer’s permit issued under the Fuel Tax Act (chapter T-1) or ceases to be reasonably considered to be expected to be sold subsequently to such a holder, the number of litres determined under subparagraph a of the second paragraph of section 1029.8.36.0.95, in respect of the corporation, for a month of that preceding taxation year must, for the application of this section to the particular taxation year and subsequent taxation years, be determined on the assumption that that event occurred in that preceding taxation year and that the corporation sold its eligible production of ethanol for that preceding taxation year in the order in which it carried out the production.

2006, c. 36, s. 147.

§ 3 . — Government assistance, non-government assistance and other particulars

2006, c. 36, s. 147.

1029.8.36.0.99. The amount to which the first paragraph of section 1029.8.36.0.95 refers is equal to the aggregate of all amounts each of which is

(a)  the amount of any government assistance or non-government assistance that may reasonably be attributed to any of the portions, determined under subparagraph a of the second paragraph of that section, of the qualified corporation’s eligible production of ethanol, for the taxation year, and that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for the taxation year; or

(b)  the amount of any benefit or advantage, that may reasonably be attributed to any of the portions, determined under subparagraph a of the second paragraph of that section, of the qualified corporation’s eligible production of ethanol, for the taxation year, that is not a benefit or advantage that may reasonably be attributed to the carrying on of that activity, and that is a benefit or advantage that a person or partnership has obtained, is entitled to obtain, or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for the taxation year, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner.

2006, c. 36, s. 147.

1029.8.36.0.100. If, at a particular time of the qualified corporation’s taxation year, all or, where applicable, a portion of the excise tax imposed under section 23 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15) on unleaded gasoline is not payable, because of subsection 2 of section 23.4 of that Act, on the portion, in subparagraph a of the third paragraph referred to as the “exempt portion of the blend”, of the blend of that gasoline to alcohol, within the meaning of subsection 1 of section 23.4 of that Act, that is the percentage by volume of alcohol in the blend, the amount determined for the taxation year under the second paragraph in respect of the qualified corporation is deemed, for the purposes of section 1029.8.36.0.99, to be an amount of government assistance that is attributable to the portions, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95, of the qualified corporation’s eligible production of ethanol, for the taxation year, and that the qualified corporation has received on or before its filing-due date for the taxation year.

The amount to which the first paragraph refers is equal to the aggregate of all amounts each of which is an amount determined, for a particular month of the taxation year, by the formula

A × B.

In the formula in the second paragraph,

(a)  A is the amount by which the amount specified in section 9 of Schedule I to the Excise Tax Act immediately before the beginning of the particular month in respect of unleaded gasoline or, where applicable, the excess of the portion of that amount that may reasonably be considered not to be payable, because of subsection 2 of section 23.4 of that Act, over the exempt portion of the blend, exceeds $0.10; and

(b)  B is the portion, determined under subparagraph a of the second paragraph of section 1029.8.36.0.95 in respect of the particular month, of the qualified corporation’s eligible production of ethanol, for the taxation year.

2006, c. 36, s. 147.

1029.8.36.0.101. A corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.95, on account of its tax payable for a particular taxation year under Part I in relation to its eligible production of ethanol for that taxation year is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000 for a subsequent taxation year, in this section referred to as the “year concerned”, in which any of the following events occurs, to have paid to the Minister on its balance-due day for the year concerned, on account of its tax payable for that year under this Part, an amount equal to the amount determined under the second paragraph:

(a)  the corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be the repayment of an amount included, because of paragraph a of section 1029.8.36.0.99, in the aggregate determined in respect of the corporation for the particular taxation year under that section;

(b)  a person or partnership pays, pursuant to a legal obligation, an amount that may reasonably be considered to be the repayment of an amount included, because of paragraph b of section 1029.8.36.0.99, in the aggregate determined in respect of the corporation for the particular taxation year under that section; and

(c)  a portion of the corporation’s eligible production of ethanol, for the particular taxation year, is sold to a person or partnership that is not the holder of a collection officer’s permit issued under the Fuel Tax Act (chapter T-1) or ceases to be reasonably considered to be expected to be sold subsequently to such a holder.

The amount to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under this section or section 1029.8.36.0.95 for a taxation year preceding the year concerned in relation to its eligible production of ethanol for the particular taxation year, is exceeded by the total of

(a)  the amount that the corporation would be deemed to have paid to the Minister for the particular taxation year under section 1029.8.36.0.95 if any of the events described in any of subparagraphs a to c of the first paragraph or in subparagraph a or b of the first paragraph of section 1129.45.3.37, that occurred in the year concerned or a preceding taxation year in relation to its eligible production of ethanol for the particular taxation year, occurred in the particular taxation year; and

(b)  the aggregate of all amounts each of which is an amount that the corporation is required to pay to the Minister under section 1129.45.3.37 for a taxation year preceding the year concerned in relation to its eligible production of ethanol for the particular taxation year.

For the purposes of this section, the corporation is deemed to be selling its eligible production of ethanol in the order in which it carried out the production.

Section 1029.6.0.1.9 applies, with the necessary modifications, to the totality of the amount that the corporation is deemed, under this section, to have paid to the Minister on the corporation’s balance-due day for the year concerned.

2006, c. 36, s. 147.

1029.8.36.0.102. For the purposes of section 1029.8.36.0.101, an amount is deemed to be an amount paid by a corporation, person or partnership, as the case may be, in a particular taxation year as a repayment of an amount included in the aggregate determined for a preceding taxation year in respect of the corporation under section 1029.8.36.0.99, pursuant to a legal obligation, if that amount

(a)  has been included in that aggregate;

(b)  in the case of an amount referred to in paragraph a of section 1029.8.36.0.99, has not been received by the corporation;

(c)  in the case of an amount referred to in paragraph b of section 1029.8.36.0.99, has not been obtained by the person or partnership; and

(d)  has ceased in the particular taxation year to be an amount that the corporation, person or partnership may reasonably expect to receive or obtain.

2006, c. 36, s. 147.

DIVISION II.6.1

Repealed, 1995, c. 63, s. 177.

1995, c. 1, s. 157; 1995, c. 63, s. 177.

§ 1 . —

Repealed, 1995, c. 63, s. 177.

1995, c. 1, s. 157; 1995, c. 63, s. 177.

1029.8.36.1. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 177.

§ 2 . —

Repealed, 1995, c. 63, s. 177.

1995, c. 1, s. 157; 1995, c. 63, s. 177.

1029.8.36.2. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 177.

1029.8.36.3. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 177.

DIVISION II.6.2 DESIGN CREDIT

1995, c. 1, s. 157.

§ 1 . — Interpretation and general provisions

1995, c. 1, s. 157.

1029.8.36.4. In this division,

“apparent payment” means an amount paid or payable by a qualified outside consultant for the use of premises, installations or equipment, or for the supply of services, that may reasonably be considered to be included in an expenditure referred to in section 1029.8.36.5 or 1029.8.36.6;

“contract payment” means an amount payable under a contract by the Government of Canada or of a province, by a municipality or other Canadian public authority or by a person exempt from tax under this Part by reason of Book VIII, to the extent that it may reasonably be considered that the amount payable relates to a design or pattern drafting activity of a qualified corporation or qualified partnership, as the case may be, and up to the amount incurred by the qualified corporation or qualified partnership in respect of that activity;

“qualified designer” means an individual who holds, in that capacity, a certificate of qualification issued by the Minister of Economic Development, Innovation and Export Trade for the purposes of this division;

“qualified corporation”, for a taxation year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer contemplated in paragraph k of section 998 not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1;

(b)  a corporation that would be exempt from tax for the year under section 985 but for section 192;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

“qualified outside consultant” means a person or partnership that holds, in that capacity, a certificate of qualification issued by the Minister of Economic Development, Innovation and Export Trade for the purposes of this division;

“qualified partnership”, for a fiscal period, means a partnership which, if it were a corporation, would be a qualified corporation for that fiscal period;

“qualified patternmaker” means an individual who holds, in that capacity, a certificate of qualification issued by the Minister of Economic Development, Innovation and Export Trade for the purposes of this division;

“wages” means the income computed, for a particular period, pursuant to Chapters I and II of Title II of Book III.

1995, c. 1, s. 157; 1995, c. 63, s. 178; 1997, c. 3, s. 62; 1997, c. 31, s. 143; 1998, c. 16, s. 230; 1999, c. 83, s. 208; 2000, c. 5, s. 262; 2000, c. 39, s. 177; 2001, c. 51, s. 228; 2001, c. 53, s. 260; 2002, c. 9, s. 84; 2004, c. 21, s. 348; 2005, c. 1, s. 241; 2006, c. 13, s. 135.

1029.8.36.4.1. (Repealed).

1995, c. 63, s. 179; 1997, c. 3, s. 71; 1997, c. 14, s. 222.

§ 2 . — Credits

1995, c. 1, s. 157.

1029.8.36.5. A qualified corporation in respect of which the Minister of Economic Development, Innovation and Export Trade issues a certificate for a particular taxation year, in respect of a design activity, in connection with a business it carries on in Québec, carried out under a contract entered into with a qualified outside consultant and that encloses the documents referred to in the sixth paragraph with the fiscal return it is required to file under section 1000 for the particular year, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 15% of

(a)  if the qualified corporation is not dealing at arm’s length with the qualified outside consultant at the time the contract is entered into, the aggregate of all amounts each of which, determined in relation to a qualified designer or, as the case may be, to a qualified patternmaker, who reports for work at an establishment of the qualified outside consultant situated in Québec, is the expenditure that it incurs in the particular year, to the extent that the expenditure is paid and is reasonable in the circumstances, and that is the least of

i.  the part of the cost of the contract that may reasonably be attributed to the wages paid by the qualified outside consultant to the qualified designer or qualified patternmaker in a taxation year of the qualified outside consultant or, if the qualified outside consultant is a partnership, in a fiscal period of the qualified outside consultant and before the end of the particular year, in relation to the part of the design activity, or to the part of the pattern drafting activity provided for in the contract, that is carried out in Québec in the particular year or in a preceding taxation year, or that could be so attributed if the qualified outside consultant had such employees,

ii.  $60,000, if the wages referred to in subparagraph i, in relation to a taxation year or fiscal period of the qualified outside consultant, are paid or, as the case may be, deemed to be paid to a qualified designer, and

iii.  $40,000, if the wages referred to in subparagraph i, in relation to a taxation year or fiscal period of the qualified outside consultant, are paid or, as the case may be, deemed to be paid to a qualified patternmaker; and

(b)  if the qualified corporation is dealing at arm’s length with the qualified outside consultant at the time the contract is entered into, the expenditure that it incurs in the year and that is 65% of all or part of the cost of the contract that may reasonably be attributed to the design activity or to a pattern drafting activity provided for in the contract that the qualified outside consultant carried out in Québec in the particular year or a preceding taxation year, to the extent that the expenditure is paid and is reasonable in the circumstances.

For the purposes of the first paragraph, where an expenditure incurred in a taxation year is reasonably attributable to the carrying out of a design activity in a taxation year subsequent to the year, the expenditure is deemed to be incurred in that subsequent taxation year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

However, the first paragraph does not apply to a qualified corporation whose gross revenue for the particular year from the carrying on of the business referred to in that paragraph is less than $150,000 or, if the taxation year of a qualified corporation has fewer than 52 weeks, less than the amount obtained by multiplying $150,000 by the proportion that the number of weeks in the taxation year is of 52.

For the purposes of subparagraphs ii and iii of subparagraph a of the first paragraph, the amount of $60,000 or $40,000 is to be replaced by the amount obtained by multiplying that amount by the proportion that the number of days in the taxation year or fiscal period of the qualified outside consultant during which the qualified designer or qualified patternmaker, as the case may be, reports for work at an establishment of the employer situated in Québec and during which the qualified designer or qualified patternmaker carries out the design activity or the pattern drafting activity provided for in the contract, is of 365.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the certificate issued for the particular year to the qualified corporation by the Minister of Economic Development, Innovation and Export Trade; and

(c)  a copy of the certificate of qualification issued to the qualified outside consultant by the Minister of Economic Development, Innovation and Export Trade.

1995, c. 1, s. 157; 1995, c. 63, s. 180; 1997, c. 3, s. 71; 1997, c. 14, s. 223; 1997, c. 31, s. 143; 1999, c. 8, s. 20; 2001, c. 51, s. 169; 2003, c. 9, s. 276; 2003, c. 29, s. 135; 2004, c. 21, s. 349; 2006, c. 13, s. 136.

1029.8.36.6. If the Minister of Economic Development, Innovation and Export Trade issues a certificate to a qualified partnership for a particular fiscal period, in respect of a design activity, in connection with a business it carries on in Québec, carried out under a contract entered into with a qualified outside consultant, each qualified corporation that is a member of the qualified partnership at the end of that fiscal period and that encloses the documents referred to in the sixth paragraph with the fiscal return it is required to file under section 1000 for its taxation year in which the particular fiscal period ends, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 15% of its share of

(a)  if the qualified partnership is not dealing at arm’s length with the qualified outside consultant at the time the contract is entered into, the aggregate of all amounts each of which, determined in relation to a qualified designer or, as the case may be, to a qualified patternmaker, who reports for work at an establishment of the qualified outside consultant situated in Québec, is the expenditure that it incurs in the particular fiscal period, to the extent that the expenditure is paid and is reasonable in the circumstances, and that is the least of

i.  the part of the cost of the contract that may reasonably be attributed to the wages paid by the qualified outside consultant to the qualified designer or qualified patternmaker in a taxation year of the qualified outside consultant or, if the qualified outside consultant is a partnership, in a fiscal period of the qualified outside consultant and before the end of the particular fiscal period, in relation to the part of the design activity, or to the part of the pattern drafting activity provided for in the contract, that is carried out in Québec in the particular fiscal period or in a preceding fiscal period, or that could be so attributed if the qualified outside consultant had such employees,

ii.  $60,000, if the wages referred to in subparagraph i, in relation to a taxation year or fiscal period of the qualified outside consultant, are paid or, as the case may be, deemed to be paid to a qualified designer, and

iii.  $40,000, if the wages referred to in subparagraph i, in relation to a taxation year or fiscal period of the qualified outside consultant, are paid or, as the case may be, deemed to be paid to a qualified patternmaker; and

(b)  if the qualified partnership is dealing at arm’s length with the qualified outside consultant at the time the contract is entered into, the expenditure that the qualified partnership incurs in the particular fiscal period and that is 65% of all or part of the cost of the contract that may reasonably be attributed to the design activity or to a pattern drafting activity provided for in the contract that the qualified outside consultant carried out in Québec in the particular fiscal period or a preceding fiscal period, to the extent that the expenditure is paid and is reasonable in the circumstances.

For the purposes of the first paragraph,

(a)  where an expenditure incurred in a fiscal period is reasonably attributable to the carrying out of a design activity in a fiscal period subsequent to the period, the expenditure is deemed to be incurred in that subsequent fiscal period; and

(b)  a qualified corporation’s share of an expenditure incurred by a qualified partnership of which the qualified corporation is a member is equal to the agreed proportion of the expenditure in respect of the qualified corporation for the partnership’s fiscal period that ends in its taxation year.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the qualified partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

However, the first paragraph does not apply where the amount that would be the qualified partnership’s gross revenue for the particular fiscal period from the carrying on of the business referred to in that paragraph, if, for the purposes of the definition of “gross revenue” in section 1, the qualified partnership were a corporation, is less than $150,000 or, where the qualified partnership’s fiscal period has fewer than 52 weeks, less than the amount obtained by multiplying $150,000 by the proportion that the number of weeks in the fiscal period is of 52.

For the purposes of subparagraphs ii and iii of subparagraph a of the first paragraph, the amount of $60,000 or $40,000 is to be replaced by the amount obtained by multiplying that amount by the proportion that the number of days in the taxation year or fiscal period of the qualified outside consultant during which the qualified designer or qualified patternmaker, as the case may be, reports for work at an establishment of the employer situated in Québec and during which the qualified designer or qualified patternmaker carries out the design activity or the pattern drafting activity provided for in the contract, is of 365.

The documents to which the first paragraph refers are

(a)   the prescribed form containing the prescribed information;

(b)  a copy of the certificate issued for the particular fiscal period to the qualified partnership by the Minister of Economic Development, Innovation and Export Trade; and

(c)  a copy of the certificate of qualification issued to the qualified outside consultant by the Minister of Economic Development, Innovation and Export Trade.

1995, c. 1, s. 157; 1995, c. 63, s. 181; 1997, c. 3, s. 71; 1997, c. 14, s. 224; 1997, c. 31, s. 143; 1999, c. 8, s. 20; 2001, c. 51, s. 170; 2003, c. 9, s. 277; 2003, c. 29, s. 135; 2004, c. 21, s. 350; 2006, c. 13, s. 137; 2009, c. 15, s. 258.

1029.8.36.7. A qualified corporation in respect of which the Minister of Economic Development, Innovation and Export Trade issues a certificate for a period of a taxation year, in respect of a design activity in connection with a business it carries on in Québec and that encloses the documents referred to in the sixth paragraph with the fiscal return it is required to file under section 1000 for the year, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 15% of the aggregate of

(a)  the aggregate of all amounts each of which is the lesser of

i.  the wages incurred by the qualified corporation, as part of the design activity and in the period described in the certificate, in respect of a qualified designer who reports for work at an establishment of the qualified corporation situated in Québec, to the extent that the wages are paid and

(1)  are reasonably attributable to the carrying out of the design activity in Québec in the period, and

(2)  are reasonable in the circumstances, and

ii.  $60,000; and

(b)  the aggregate of all amounts each of which is the lesser of

i.  the wages incurred by the qualified corporation, as part of a pattern drafting activity that derives from the design activity and in the period described in the certificate, in respect of a qualified patternmaker who reports for work at an establishment of the qualified corporation situated in Québec, to the extent that the wages are paid and

(1)  are reasonably attributable to the carrying out of the pattern drafting activity in Québec in the period, and

(2)  are reasonable in the circumstances, and

ii.  $40,000.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph,

(a)  if wages incurred in a taxation year are reasonably attributable to the carrying out of a design activity or pattern drafting activity in a taxation year subsequent to the year, the wages are deemed to be incurred in that subsequent taxation year; and

(b)  if wages incurred in a period, in respect of a qualified designer or qualified patternmaker, are attributable, in a proportion of at least 90%, to the carrying out of a design activity or pattern drafting activity, as the case may be, the wages are deemed to be wholly attributable to that design activity or pattern drafting activity.

However, the first paragraph does not apply to a qualified corporation whose gross revenue for the year from the carrying on of the business referred to in that paragraph is less than $150,000 or, where the taxation year of a qualified corporation has fewer than 52 weeks, less than the amount obtained by multiplying $150,000 by the proportion that the number of weeks in the taxation year is of 52.

For the purposes of subparagraph ii of subparagraphs a and b of the first paragraph, the amount of $60,000 or $40,000 is to be replaced by the amount obtained by multiplying that amount by the proportion that the number of days during which the qualified designer or qualified patternmaker is an employee of the qualified corporation in the period referred to in subparagraph i of that subparagraph a or b, is of 365.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the certificate issued for a period of the year to the qualified corporation by the Minister of Economic Development, Innovation and Export Trade; and

(c)  a copy of any certificate of qualification issued by the Minister of Economic Development, Innovation and Export Trade to a qualified designer or qualified patternmaker referred to in the first paragraph.

1995, c. 1, s. 157; 1995, c. 63, s. 182; 1997, c. 3, s. 71; 1997, c. 14, s. 225; 1997, c. 31, s. 143; 1999, c. 8, s. 20; 1999, c. 83, s. 329; 2001, c. 51, s. 171; 2003, c. 9, s. 278; 2003, c. 29, s. 135; 2004, c. 21, s. 351; 2006, c. 13, s. 138.

1029.8.36.7.1. If the Minister of Economic Development, Innovation and Export Trade issues a certificate to a qualified partnership for a period of a fiscal period, in respect of a design activity in connection with a business it carries on in Québec, each qualified corporation that is a member of the qualified partnership at the end of that fiscal period and that encloses the documents referred to in the sixth paragraph with the fiscal return it is required to file under section 1000 for its taxation year in which the partnership’s fiscal period ends, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to 15% of its share of the aggregate of

(a)  the aggregate of all amounts each of which is the lesser of

i.  the wages incurred by the qualified partnership, as part of the design activity and in the period described in the certificate, in respect of a qualified designer who reports for work at an establishment of the qualified partnership situated in Québec, to the extent that the wages are paid and

(1)  are reasonably attributable to the carrying out of the design activity in Québec in the period, and

(2)  are reasonable in the circumstances, and

ii.  $60,000; and

(b)  the aggregate of all amounts each of which is the lesser of

i.  the wages incurred by the qualified partnership, as part of a pattern drafting activity that derives from the design activity and in the period described in the certificate, in respect of a qualified patternmaker who reports for work at an establishment of the qualified partnership situated in Québec, to the extent that the wages are paid and

(1)  are reasonably attributable to the carrying out of the pattern drafting activity in Québec in the period, and

(2)  are reasonable in the circumstances, and

ii.  $40,000.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for its taxation year in which the fiscal period of the qualified partnership ends, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The first paragraph applies with reference to the following rules:

(a)  if wages incurred in a fiscal period are reasonably attributable to the carrying out of a design activity or pattern drafting activity in a fiscal period subsequent to the fiscal period, the wages are deemed to be incurred in that subsequent fiscal period;

(b)  if wages incurred in a period, in respect of a qualified designer or qualified patternmaker, are attributable, in a proportion of at least 90%, to the carrying out of a design activity or pattern drafting activity, as the case may be, the wages are deemed to be wholly attributable to that design activity or pattern drafting activity; and

(c)  a qualified corporation’s share of wages incurred by a qualified partnership of which the qualified corporation is a member is equal to the agreed proportion of the wages in respect of the qualified corporation for the partnership’s fiscal period that ends in its taxation year.

However, the first paragraph does not apply where the amount that would be the qualified partnership’s gross revenue for the fiscal period from the carrying on of the business referred to in that paragraph, if, for the purposes of the definition of “gross revenue” in section 1, the qualified partnership were a corporation, is less than $150,000 or, where the qualified partnership’s fiscal period has fewer than 52 weeks, less than the amount obtained by multiplying $150,000 by the proportion that the number of weeks in the fiscal period is of 52.

For the purposes of subparagraph ii of subparagraphs a and b of the first paragraph, the amount of $60,000 or $40,000 is to be replaced by the amount obtained by multiplying that amount by the proportion that the number of days during which the qualified designer or qualified patternmaker is an employee of the qualified partnership in the period referred to in subparagraph i of that subparagraph a or b, is of 365.

The documents to which the first paragraph refers are

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the certificate issued for a period of the fiscal period to the qualified partnership by the Minister of Economic Development, Innovation and Export Trade; and

(c)  a copy of any certificate of qualification issued by the Minister of Economic Development, Innovation and Export Trade to a qualified designer or qualified patternmaker referred to in the first paragraph.

2006, c. 13, s. 139; 2009, c. 15, s. 259.

1029.8.36.7.2. For the purposes of sections 1029.8.36.5 to 1029.8.36.7.1,

(a)  if, during all or part of a taxation year or fiscal period, an employee reports for work at an establishment of the employer situated in Québec and at an establishment of the employer situated outside Québec, the employee is, for that period, deemed

i.  unless subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the employer situated outside Québec; and

(b)  if, during all or part of a taxation year or fiscal period, an employee is not required to report for work at an establishment of the employer and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

2006, c. 13, s. 139.

1029.8.36.8. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 183; 1997, c. 14, s. 226; 1999, c. 83, s. 209; 2000, c. 39, s. 178; 2001, c. 51, s. 172.

1029.8.36.9. (Repealed).

1995, c. 1, s. 157; 1997, c. 14, s. 227; 1999, c. 83, s. 210; 2000, c. 39, s. 179; 2001, c. 51, s. 172.

1029.8.36.10. Where the corporation referred to in any of sections 1029.8.36.5 to 1029.8.36.7.1 is a corporation whose assets shown in its financial statements submitted to the shareholders or, where such financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles, for its preceding taxation year or, where the corporation is in its first fiscal period, at the beginning of its first fiscal period, were less than $75,000,000, the rate of “15%” mentioned in any of those sections 1029.8.36.5 to 1029.8.36.7.1 shall be replaced by the rate determined by the formula

30% − {[(A − $50,000,000) × 15%] / $25,000,000}.

In the formula provided for in the first paragraph, A is the greater of $50,000,000 and the assets of the corporation determined as provided in this subdivision.

Where the corporation referred to in the first paragraph is a cooperative, the first paragraph shall be read as if the reference therein to “submitted to the shareholders” were a reference to “submitted to the members”.

1995, c. 1, s. 157; 1995, c. 63, s. 184; 1997, c. 3, s. 71; 1997, c. 14, s. 228; 2000, c. 39, s. 180; 2001, c. 51, s. 173; 2004, c. 21, s. 352; 2006, c. 13, s. 140; 2007, c. 12, s. 182.

1029.8.36.11. For the purposes of section 1029.8.36.10, in computing the assets of a corporation at the time referred to therein, the amount representing the surplus reassessment of its property and the amount of its incorporeal assets shall be subtracted, to the extent that the amount indicated in their respect exceeds the expenditure made in their respect.

For the purposes of the first paragraph, where all or part of an expenditure made in respect of incorporeal assets consists of shares of the corporation’s or cooperative’s capital stock, all or the part of the expenditure, as the case may be, is deemed to be nil.

1995, c. 1, s. 157; 1997, c. 3, s. 71; 1997, c. 14, s. 229; 2005, c. 1, s. 242.

1029.8.36.12. For the purposes of section 1029.8.36.10, the assets of a corporation that is associated in a taxation year with one or more other corporations is equal to the amount by which the aggregate of the assets of the corporation and of each corporation associated with it, as determined under sections 1029.8.36.10 and 1029.8.36.11, exceeds the aggregate of the amount of investments the corporations own in each other and the balance of accounts between the corporations.

1995, c. 1, s. 157; 1997, c. 3, s. 71.

1029.8.36.13. (Repealed).

1995, c. 1, s. 157; 1997, c. 3, s. 71; 1997, c. 14, s. 230.

1029.8.36.14. (Repealed).

1995, c. 1, s. 157; 1997, c. 3, s. 71; 1997, c. 14, s. 230.

1029.8.36.15. For the purposes of sections 1029.8.36.10 to 1029.8.36.12, where a corporation referred to in any of sections 1029.8.36.5 to 1029.8.36.7.1 or a corporation associated with it reduces its assets by any transaction in a taxation year and, but for that reduction, the corporation referred to in any of sections 1029.8.36.5 to 1029.8.36.7.1 would not be contemplated in section 1029.8.36.10, the assets are deemed not to have been so reduced unless the Minister decides otherwise.

1995, c. 1, s. 157; 1997, c. 3, s. 71; 1997, c. 14, s. 231; 2006, c. 13, s. 141.

1029.8.36.16. Subject to sections 1010 to 1011 and for the purposes of this division, where the Minister of Economic Development, Innovation and Export Trade revokes, in whole or in part, a certificate that was issued, the following rules apply:

(a)  a certificate that is revoked, in whole or in part, is, as far as the whole or part so revoked is concerned, null from the time the revocation becomes effective;

(b)  no amount may be deemed, under section 1029.8.36.5, to have been paid to the Minister by a qualified corporation in respect of an expenditure incurred by the corporation in respect of a contract entered into with a qualified outside consultant in relation to a design activity carried out under that contract, if the certificate issued to the corporation in respect of the design activity or the certificate of qualification issued to the qualified outside consultant is revoked;

(c)  no amount may be deemed, under section 1029.8.36.6, to have been paid to the Minister by a qualified corporation in respect of an expenditure incurred by a partnership of which it is a member in respect of a contract entered into with a qualified outside consultant in relation to a design activity carried out under that contract, if the certificate issued to the partnership in respect of the design activity or the certificate of qualification issued to the qualified outside consultant is revoked;

(d)  no amount may be deemed, under section 1029.8.36.7, to have been paid to the Minister by a qualified corporation in respect of wages incurred as part of a design or pattern drafting activity referred to in the first paragraph of that section and carried out by a qualified designer or qualified patternmaker, if

i.  the certificate issued to the corporation, in respect of the design activity, is revoked, or

ii.  the certificate of qualification issued to the qualified designer or qualified patternmaker is revoked; and

(e)  no amount may be deemed, under section 1029.8.36.7.1, to have been paid to the Minister by a qualified corporation in respect of wages incurred by a qualified partnership of which it is a member as part of a design or pattern drafting activity referred to in the first paragraph of that section and carried out by a qualified designer or qualified patternmaker, if

i.  the certificate issued to the partnership, in respect of the design activity, is revoked, or

ii.  the certificate of qualification issued to the qualified designer or qualified patternmaker is revoked.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1995, c. 1, s. 157; 1995, c. 63, s. 185; 1997, c. 3, s. 71; 1997, c. 14, s. 232; 1999, c. 8, s. 20; 2001, c. 51, s. 174; 2003, c. 29, s. 135; 2006, c. 13, s. 142; 2007, c. 12, s. 183.

1029.8.36.17. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 186.

§ 3 . — Government assistance, non-government assistance, contract payment and other matters

1995, c. 1, s. 157.

1029.8.36.18. For the purpose of computing the amount that is deemed to have been paid to the Minister, for a taxation year, by a qualified corporation under section 1029.8.36.5 or 1029.8.36.6, the following rules apply:

(a)  the wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.5 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant are to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(b)  the expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.5 is to be reduced, where applicable, by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(c)  the share of a qualified corporation that is a member of a qualified partnership of wages referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.6 and paid to a qualified designer or qualified patternmaker by a qualified outside consultant is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified outside consultant or qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred, or

ii.  by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred; and

(d)  the share of a qualified corporation that is a member of a qualified partnership of an expenditure referred to in subparagraph b of the first paragraph of section 1029.8.36.6 is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred, or

ii.  by the amount of any contract payment, government assistance, non-government assistance or apparent payment, attributable to the expenditure, that the qualified corporation or, in the case of an apparent payment, a person with whom the qualified corporation does not deal at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the expenditure was incurred.

For the purposes of subparagraph i of subparagraphs c and d of the first paragraph, the qualified corporation’s share of the amount of any contract payment, government assistance, non-government assistance or apparent payment that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period that ends in its taxation year.

1995, c. 1, s. 157; 1995, c. 63, s. 187; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2006, c. 13, s. 143; 2009, c. 15, s. 260.

1029.8.36.18.1. For the purpose of computing the amount that is deemed to have been paid to the Minister, for a taxation year, by a qualified corporation under section 1029.8.36.7 or 1029.8.36.7.1, the following rules apply:

(a)  the wages incurred by the qualified corporation and referred to in subparagraph i of subparagraph a or b of the first paragraph of section 1029.8.36.7 are to be reduced, where applicable, by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for the taxation year;

(b)  the share of a qualified corporation that is a member of a qualified partnership of wages referred to in subparagraph i of subparagraph a or b of the first paragraph of section 1029.8.36.7.1 and incurred by the qualified partnership is to be reduced, where applicable,

i.  by its share of the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred, or

ii.  by the amount of any contract payment, government assistance or non-government assistance, attributable to the wages, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period of the partnership in which the wages were incurred.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the qualified corporation’s share of the amount of any contract payment, government assistance or non-government assistance that the qualified partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period that ends in its taxation year.

2006, c. 13, s. 144; 2009, c. 15, s. 261.

1029.8.36.18.2. If, in respect of a contract entered into with a qualified outside consultant providing for the carrying out of a design activity, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the carrying out of the design activity, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by a qualified corporation under section 1029.8.36.5, the expenditure referred to in that section is to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister under section 1029.8.36.6 by a qualified corporation that is a member of a qualified partnership for a taxation year, the qualified corporation’s share of the expenditure referred to in that section is to be reduced

i.  by its share of the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the expenditure was incurred, and

ii.  by the amount of the benefit or advantage that the qualified corporation or a person with whom the qualified corporation does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the expenditure was incurred.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the qualified corporation’s share of the amount of the benefit or advantage that a partnership or person has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the qualified corporation for the qualified partnership’s fiscal period that ends in its taxation year.

2006, c. 13, s. 144; 2009, c. 15, s. 262.

1029.8.36.18.3. If, in respect of the employment of an individual with a qualified corporation or qualified partnership as a qualified designer or qualified patternmaker, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the employment, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year by the qualified corporation under section 1029.8.36.7, the wages incurred by the qualified corporation and referred to in subparagraph i of subparagraph a or b of the first paragraph of section 1029.8.36.7, in respect of the qualified corporation for the taxation year, in relation to the qualified designer or qualified patternmaker, are to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the taxation year; and

(b)   for the purpose of computing the amount that is deemed to have been paid to the Minister under section 1029.8.36.7.1 by a qualified corporation that is a member of the qualified partnership for a taxation year, the qualified corporation’s share of wages incurred by the qualified partnership and referred to in subparagraph i of subparagraph a or b of the first paragraph of section 1029.8.36.7.1, in respect of the qualified corporation for the taxation year, in relation to the qualified designer or qualified patternmaker, is to be reduced

i.  by its share of the amount of the benefit or advantage that a partnership or a person other than a person referred to in subparagraph ii has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the wages were incurred, and

ii.  by the amount of the benefit or advantage that the qualified corporation or a person with whom the qualified corporation does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period of the qualified partnership in which the wages were incurred.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the qualified corporation’s share of the amount of the benefit or advantage that a partnership or person has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the qualified corporation for the qualified partnership’s fiscal period that ends in its taxation year.

2006, c. 13, s. 144; 2009, c. 15, s. 263.

1029.8.36.19. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 188.

1029.8.36.20. If, in a taxation year, in this section referred to as the “repayment year”, a qualified corporation or a qualified outside consultant with whom it has entered into a contract for the carrying out of a design activity pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, in accordance with subparagraph a or b of the first paragraph of section 1029.8.36.18, an expenditure incurred by the qualified corporation in a particular taxation year for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister for the particular taxation year under section 1029.8.36.5, the qualified corporation is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000 for the repayment year, to have paid to the Minister on the qualified corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.5 in respect of the expenditure, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the government assistance or non-government assistance, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.5 in respect of the expenditure; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

1995, c. 1, s. 157; 1995, c. 63, s. 189; 1997, c. 3, s. 71; 1999, c. 8, s. 20; 2001, c. 51, s. 175; 2003, c. 29, s. 135; 2006, c. 13, s. 145; 2006, c. 36, s. 306.

1029.8.36.21. If, in a fiscal period, in this section referred to as the “fiscal period of repayment”, a qualified partnership or a qualified outside consultant with whom it has entered into a contract for the carrying out of a design activity pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, in accordance with subparagraph i of subparagraph c or d of the first paragraph of section 1029.8.36.18, the share of a corporation that is a member of the qualified partnership of an expenditure incurred by the qualified partnership in a particular fiscal period for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.6, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed, if it is a member of the qualified partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000, for its taxation year in which the fiscal period of repayment ends, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.6 for its taxation year in which the particular fiscal period ends, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.6, for its taxation year in which the particular fiscal period ends, in respect of the expenditure incurred by the qualified partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the qualified partnership or the qualified outside consultant, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph c or d of the first paragraph of section 1029.8.36.18; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

1995, c. 1, s. 157; 1995, c. 63, s. 189; 1997, c. 3, s. 71; 1999, c. 8, s. 20; 2001, c. 51, s. 176; 2003, c. 29, s. 135; 2006, c. 13, s. 145; 2006, c. 36, s. 306; 2009, c. 15, s. 264.

1029.8.36.22. If, in a fiscal period, in this section referred to as the “fiscal period of repayment”, a qualified corporation that is a member of a qualified partnership at the end of the fiscal period of repayment pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that the qualified corporation has received and that reduced, in accordance with subparagraph ii of subparagraph c or d of the first paragraph of section 1029.8.36.18, the qualified corporation’s share of an expenditure incurred by the qualified partnership in a particular fiscal period for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister under section 1029.8.36.6, in respect of the share, for its taxation year in which the particular fiscal period ended, the qualified corporation is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000, for its taxation year in which the fiscal period of repayment ends, to have paid to the Minister on the qualified corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the particular amount that the qualified corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.6 for its taxation year in which the particular fiscal period ends, exceeds the aggregate of

(a)  the amount that the qualified corporation would be deemed to have paid to the Minister under section 1029.8.36.6, for its taxation year in which the particular fiscal period ends, in respect of the expenditure incurred by the qualified partnership, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the qualified corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the qualified corporation, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph c or d of the first paragraph of section 1029.8.36.18; and

(b)  the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

1995, c. 1, s. 157; 1995, c. 63, s. 189; 1997, c. 3, s. 71; 1999, c. 8, s. 20; 2001, c. 51, s. 177; 2003, c. 29, s. 135; 2006, c. 13, s. 145; 2006, c. 36, s. 306; 2009, c. 15, s. 265.

1029.8.36.23. If, in a taxation year, in this section referred to as the “repayment year”, a qualified corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of wages incurred in respect of a qualified designer or qualified patternmaker, in accordance with subparagraph a of the first paragraph of section 1029.8.36.18.1, in respect of which the qualified corporation is deemed to have paid an amount to the Minister under section 1029.8.36.7 for a particular taxation year, the qualified corporation is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000 for the repayment year, to have paid to the Minister on the qualified corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.7 in respect of the wages, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the government assistance or non-government assistance, exceeds the aggregate of

(a)  the amount that the qualified corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.7 in respect of the wages incurred in relation to the qualified designer or qualified patternmaker; and

(b)  any amount that the qualified corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount paid by the qualified corporation as repayment of that assistance.

1995, c. 1, s. 157; 1995, c. 63, s. 189; 1997, c. 3, s. 71; 1997, c. 85, s. 258; 1998, c. 16, s. 231; 1999, c. 8, s. 20; 2001, c. 7, s. 169; 2001, c. 51, s. 178; 2003, c. 29, s. 135; 2006, c. 13, s. 145; 2006, c. 36, s. 306.

1029.8.36.23.1. If, in a fiscal period, in this section referred to as the “fiscal period of repayment”, a qualified partnership pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, in accordance with subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.18.1, the share of a qualified corporation that is a member of the qualified partnership of the amount of wages incurred by the qualified partnership in a particular fiscal period, in respect of a qualified designer or qualified patternmaker, for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister under section 1029.8.36.7.1, for its taxation year in which the particular fiscal period ended, the qualified corporation is deemed, if it is a member of the qualified partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000, for its taxation year in which the fiscal period of repayment ends, to have paid to the Minister on the qualified corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the particular amount that the qualified corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.7.1 for its taxation year in which the particular fiscal period ends, exceeds the aggregate of

(a)   the amount that the qualified corporation would be deemed to have paid to the Minister under section 1029.8.36.7.1, for its taxation year in which the particular fiscal period ends, in respect of the wages incurred by the qualified partnership in relation to the qualified designer or qualified patternmaker, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the qualified corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the qualified partnership, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.18.1; and

(b)  the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2006, c. 13, s. 146; 2006, c. 36, s. 148; 2009, c. 15, s. 266.

1029.8.36.23.2. If, in a fiscal period, in this section referred to as the “fiscal period of repayment”, a qualified corporation that is a member of a qualified partnership at the end of the fiscal period of repayment pays, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that the qualified corporation received and that reduced, in accordance with subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.18.1, the qualified corporation’s share of the amount of wages incurred by the qualified partnership in a particular fiscal period, in respect of a qualified designer or qualified patternmaker, for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister under section 1029.8.36.7.1, for its taxation year in which the particular fiscal period ends, the qualified corporation is deemed, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000, for its taxation year in which the fiscal period of repayment ends, to have paid to the Minister on the qualified corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the particular amount that the qualified corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.7.1 for its taxation year in which the particular fiscal period ends, exceeds the aggregate of

(a)  the amount that the qualified corporation would be deemed to have paid to the Minister under section 1029.8.36.7.1, for its taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the qualified corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount paid by the qualified corporation, if the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.18.1; and

(b)  the agreed proportion in respect of the qualified corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2006, c. 13, s. 146; 2006, c. 36, s. 149; 2009, c. 15, s. 267.

1029.8.36.24. For the purposes of sections 1029.8.36.20 to 1029.8.36.22, an amount is deemed to be an amount paid, at a particular time, as a repayment of assistance by a qualified corporation, a qualified outside consultant or a qualified partnership, as the case may be, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.18, the expenditure referred to in section 1029.8.36.5 or the share of a qualified corporation that is a member of the qualified partnership of the expenditure referred to in section 1029.8.36.6;

(b)  was not received by the qualified corporation, the qualified outside consultant or the qualified partnership; and

(c)  ceased at that time to be an amount that the qualified corporation, the qualified outside consultant or the qualified partnership could reasonably expect to receive.

1995, c. 1, s. 157; 1997, c. 3, s. 71; 2006, c. 13, s. 147; 2006, c. 36, s. 307.

1029.8.36.25. For the purposes of sections 1029.8.36.23 to 1029.8.36.23.2, an amount is deemed to be an amount paid, at a particular time, as a repayment of assistance by a qualified corporation or a qualified partnership, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.18.1, the wages incurred by the qualified corporation and referred to in section 1029.8.36.7 or the share of a qualified corporation of the wages incurred by the qualified partnership and referred to in section 1029.8.36.7.1;

(b)  was not received by the qualified corporation or the qualified partnership; and

(c)  ceased at that time to be an amount that the qualified corporation or the qualified partnership could reasonably expect to receive.

1995, c. 1, s. 157; 1995, c. 63, s. 190; 1997, c. 3, s. 71; 2006, c. 13, s. 147; 2006, c. 36, s. 150.

1029.8.36.26. For the purposes of sections 1029.8.36.5 and 1029.8.36.6, the expenditure referred to in those sections shall be reduced by the amount of the consideration for the disposition of property either to the qualified corporation or a person with whom the qualified corporation does not deal at arm’s length, or to the qualified partnership, one of its members or a person with whom one of its members does not deal at arm’s length, except to the extent that such consideration may reasonably be considered to relate to property resulting from the design activity referred to in either of those sections.

1995, c. 1, s. 157; 1995, c. 63, s. 191; 1997, c. 3, s. 71.

1029.8.36.27. (Repealed).

1995, c. 1, s. 157; 1995, c. 63, s. 192; 1997, c. 3, s. 71; 1997, c. 31, s. 116; 2006, c. 13, s. 148.

1029.8.36.28. For the purposes of this Part and the regulations, the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.5 to 1029.8.36.7.1 is deemed not to be assistance or an inducement received by the corporation from a government.

1995, c. 1, s. 157; 1997, c. 3, s. 71; 2006, c. 13, s. 149.

1029.8.36.29. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 31, s. 117; 2001, c. 51, s. 179; 2002, c. 9, s. 85.

DIVISION II.6.3

Repealed, 1997, c. 14, s. 233.

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

§ 1 . —

Repealed, 1997, c. 14, s. 233.

1995, c. 63, s. 193; 1997, c. 14, s. 233.

1029.8.36.30. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.31. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.32. (Repealed).

1995, c. 63, s. 193; 1997, c. 14, s. 376; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.33. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.34. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.35. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.36. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.37. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.38. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

§ 2 . —

Repealed, 1997, c. 14, s. 233.

1995, c. 63, s. 193; 1997, c. 14, s. 233.

1029.8.36.39. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.40. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.41. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.42. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.43. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.44. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.45. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.46. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.47. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

§ 3 . —

Repealed, 1997, c. 14, s. 233.

1995, c. 63, s. 193; 1997, c. 14, s. 233.

1029.8.36.48. (Repealed).

1995, c. 63, s. 193; 1997, c. 14, s. 233.

1029.8.36.49. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.50. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

1029.8.36.51. (Repealed).

1995, c. 63, s. 193; 1997, c. 3, s. 71; 1997, c. 14, s. 233.

DIVISION II.6.4 CREDIT IN RESPECT OF ENVIRONMENTAL TRUSTS

1996, c. 39, s. 250; 2000, c. 5, s. 263.

1029.8.36.52. In this division, “Part III.12 tax credit” of a taxpayer for a particular taxation year means the aggregate of

(a)  all amounts each of which is an amount determined by the formula

A × B / C; and

(b)  in respect of each partnership of which the taxpayer is a member, all amounts each of which is the amount that can reasonably be considered to be the taxpayer’s share of the amount that would, if the partnership were a person and its fiscal period were its taxation year, be the Part III.12 tax credit of the partnership for its taxation year that ends in the particular year.

For the purposes of the formula in the first paragraph,

(a)  A is the tax payable under Part III.12 by an environmental trust for a taxation year of the trust, in this paragraph referred to as the “trust’s year”, that ends in the particular year;

(b)  B is the amount by which the aggregate of all amounts in respect of the trust that are included, otherwise than because of the taxpayer being a member of a partnership, because of section 692.1 in computing the taxpayer’s income for the particular year exceeds the aggregate of all amounts in respect of the trust that are deducted, otherwise than because of the taxpayer being a member of a partnership, because of that section 692.1 in computing such income; and

(c)  C is the trust’s income for the trust’s year, computed in the manner prescribed in the second paragraph of section 1129.52.

1996, c. 39, s. 250; 1997, c. 3, s. 71; 2000, c. 5, s. 264.

1029.8.36.53. A taxpayer, other than a taxpayer exempt from tax payable under this Part, is deemed, subject to the second paragraph, to have paid to the Minister for a taxation year on the taxpayer’s balance-due day for that year, on account of the taxpayer’s tax payable under this Part for that year, an amount equal to the amount by which the taxpayer’s Part III.12 tax credit for the year exceeds the amount deducted under section 776.1.6 in computing the taxpayer’s tax payable under this Part for the year.

For the purpose of computing the payments that a taxpayer referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1996, c. 39, s. 250; 1997, c. 3, s. 71; 1997, c. 31, s. 143; 2005, c. 1, s. 243.

DIVISION II.6.4.1

Repealed, 2010, c. 25, s. 137.

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.1. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.2. (Repealed).

2002, c. 40, s. 165; 2003, c. 9, s. 279; 2010, c. 25, s. 137.

1029.8.36.53.3. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.4. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.5. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.6. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.7. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.8. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

1029.8.36.53.9. (Repealed).

2002, c. 40, s. 165; 2010, c. 25, s. 137.

DIVISION II.6.4.2 CREDIT FOR THE ACQUISITION OF PIG MANURE TREATMENT FACILITIES

2007, c. 12, s. 184.

§ 1 . — Interpretation and general

2007, c. 12, s. 184.

1029.8.36.53.10. In this division,

“eligible expenses” of an eligible taxpayer for a taxation year or of a partnership for a fiscal period, in respect of an eligible facility, means the aggregate of expenses that are directly attributable to the acquisition and installation of the eligible facility and that are incurred by the taxpayer in the taxation year or by the partnership in the fiscal period,

(a)  after 23 March 2006 and before 1 April 2010; or

(b)  after 31 March 2010 and before 1 April 2011, if

i.  the expenses are incurred pursuant to the application for a qualification certificate, in relation to the eligible facility, filed with the Minister of Agriculture, Fisheries and Food before 1 April 2010, and

ii.  the installation of the eligible facility began before 1 April 2010;

“eligible facility” relating to a farming establishment means a facility to be installed in the farming establishment and in respect of which the Minister of Agriculture, Fisheries and Food has issued a qualification certificate for the purposes of this division;

“eligible taxpayer” means an individual or corporation, other than an excluded corporation;

“excluded corporation” for a taxation year means a corporation that is exempt from tax for the year under Book VIII or that would be exempt from tax for the year under section 985, but for section 192.

The expenses described in the definition of “eligible expenses” in the first paragraph do not include the expenses in respect of which an election is made under section 180 or 182 after 29 June 2006.

For the purposes of this division, the share of a member of a partnership of an amount for a fiscal period is equal to the agreed proportion of the amount in respect of the member for that fiscal period.

2007, c. 12, s. 184; 2009, c. 15, s. 268.

§ 2 . — Credit

2007, c. 12, s. 184.

1029.8.36.53.11. An eligible taxpayer that, in a taxation year, carries on a farming business in Québec and is recognized as a pig producer by the Minister of Agriculture, Fisheries and Food, and that encloses the documents described in the third paragraph with the fiscal return the taxpayer is required to file for the year under section 1000, or would be so required to file if the taxpayer had tax payable for the year under this Part, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the year, on account of the taxpayer’s tax payable for the year under this Part, an amount equal to 30% of the aggregate of all amounts each of which is the amount of the taxpayer’s eligible expenses for the year in respect of an eligible facility relating to a farming establishment of the taxpayer, to the extent that those expenses have been paid.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued, in relation to an eligible facility referred to in the first paragraph, by the Minister of Agriculture, Fisheries and Food for the purposes of this division.

2007, c. 12, s. 184.

1029.8.36.53.12. If, in a fiscal period, a partnership carries on a farming business in Québec and is recognized as a pig producer by the Minister of Agriculture, Fisheries and Food, each eligible taxpayer that is a member of the partnership at the end of the fiscal period and that encloses the documents described in the third paragraph with the fiscal return the taxpayer is required to file under section 1000 for the taxpayer’s taxation year in which the fiscal period ends, or would be so required to file if the taxpayer had tax payable for the year under this Part, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the year, on account of the taxpayer’s tax payable for the year under this Part, an amount equal to 30% of the taxpayer’s share of the aggregate of all amounts each of which is the amount of the partnership’s eligible expenses for the fiscal period in respect of an eligible facility relating to a farming establishment of the partnership, to the extent that those expenses have been paid.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the valid qualification certificate issued, in relation to an eligible facility referred to in the first paragraph, by the Minister of Agriculture, Fisheries and Food for the purposes of this division.

2007, c. 12, s. 184.

1029.8.36.53.13. For the purposes of this division, the amount that an eligible taxpayer is deemed to have paid to the Minister for a taxation year under this division, in respect of eligible facilities relating to a farming establishment, may not exceed the amount by which $200,000 exceeds the aggregate of all amounts each of which is an amount otherwise deemed to have been paid to the Minister by an eligible taxpayer under this division, in respect of eligible facilities relating to the farming establishment, for the year or a preceding taxation year.

2007, c. 12, s. 184.

1029.8.36.53.14. For the purposes of this division, if the Minister of Agriculture, Fisheries and Food replaces or revokes a certificate issued to an eligible taxpayer or a partnership, in respect of an eligible facility, the following rules apply:

(a)  the replaced certificate is null from the time it was issued or deemed issued, and the new certificate is deemed to have been issued at that time; and

(b)  the revoked certificate is null from the time the revocation becomes effective.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2007, c. 12, s. 184.

§ 3 . — Government assistance, non-government assistance and other particulars

2007, c. 12, s. 184.

1029.8.36.53.15. For the purpose of computing the amount that is deemed to have been paid to the Minister by a taxpayer, for a taxation year, under section 1029.8.36.53.11 or 1029.8.36.53.12, the following rules apply:

(a)  the amount of the eligible expenses referred to in the first paragraph of section 1029.8.36.53.11 is to be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to the expenses that the taxpayer has received, is entitled to receive or may reasonably expect to receive, on or before the taxpayer’s filing-due date for the year; and

(b)  the taxpayer’s share of the eligible expenses of a partnership, referred to in the first paragraph of section 1029.8.36.53.12, for a fiscal period of the partnership that ends in the taxation year is to be reduced, where applicable,

i.  by the taxpayer’s share, for the fiscal period, of any amount of government assistance or non-government assistance attributable to the expenses that the partnership has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance or non-government assistance attributable to the expenses that the taxpayer has received, is entitled to receive or may reasonably expect to receive, on or before the taxpayer’s filing-due date for the year.

2007, c. 12, s. 184.

1029.8.36.53.16. If, in respect of eligible expenses of an eligible taxpayer or of a particular partnership, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the acquisition or installation of the eligible facility to which the eligible expenses relate, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.36.53.11, the amount of the eligible expenses referred to in the first paragraph of that section is to be reduced by the amount of the benefit or advantage relating to the eligible expenses that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the taxpayer’s filing-due date for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.53.12 by a taxpayer that is a member of the particular partnership, the taxpayer’s share, referred to in the first paragraph of that section, for a fiscal period of the partnership that ends in the taxation year, of the amount of the eligible expenses, is to be reduced

i.  by the taxpayer’s share, for the fiscal period, of the amount of the benefit or advantage relating to the eligible expenses that the person or partnership, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage relating to the eligible expenses that the taxpayer or a person with whom the taxpayer is not dealing at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

2007, c. 12, s. 184.

1029.8.36.53.17. If, before 1 April 2013, an eligible taxpayer pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of paragraph a of section 1029.8.36.53.15, the taxpayer’s eligible expenses for a particular taxation year for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister for the particular taxation year under section 1029.8.36.53.11, the taxpayer is deemed, if the taxpayer encloses the prescribed form with the fiscal return the taxpayer is required to file for the repayment year under section 1000, or would be so required to file if the taxpayer had tax payable for the repayment year under this Part, to have paid to the Minister on the taxpayer’s balance-due day for the repayment year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to the amount by which the amount that the taxpayer would be deemed to have paid to the Minister for the particular taxation year under section 1029.8.36.53.11, in respect of the eligible expenses, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular taxation year, the amount of any government assistance or non-government assistance referred to in paragraph a of section 1029.8.36.53.15, exceeds the aggregate of

(a)  the amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.36.53.11 for the particular taxation year in respect of the eligible expenses; and

(b)  any amount that the taxpayer is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2007, c. 12, s. 184.

1029.8.36.53.18. If, before 1 April 2013, a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of paragraph b of section 1029.8.36.53.15, an eligible taxpayer’s share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.36.53.12, in respect of the share, for the taxpayer’s taxation year in which the particular fiscal period ended, the taxpayer is deemed to have paid to the Minister on the taxpayer’s balance-due day for the taxpayer’s taxation year in which the fiscal period of repayment ends, on account of the taxpayer’s tax payable for that year under this Part, if the taxpayer is a member of the partnership at the end of the fiscal period of repayment and if the taxpayer encloses the prescribed form with the fiscal return the taxpayer is required to file for that year under section 1000, or would be so required to file if the taxpayer had tax payable for that taxation year under this Part, an amount equal to the amount by which the particular amount that the taxpayer would be deemed, subject to the second paragraph, to have paid to the Minister under section 1029.8.36.53.12 for the taxpayer’s taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.53.12, for the taxpayer’s taxation year in which the particular fiscal period ends, in respect of the eligible expenses of the partnership, if the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the taxpayer would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of paragraph b of section 1029.8.36.53.15; and

(b)  the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment.

2007, c. 12, s. 184; 2009, c. 15, s. 269.

1029.8.36.53.19. If, before 1 April 2013, an eligible taxpayer is a member of a partnership at the end of a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of paragraph b of section 1029.8.36.53.15, the taxpayer’s share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.36.53.12, in respect of the share, for the taxpayer’s taxation year in which the particular fiscal period ended, the taxpayer is deemed to have paid to the Minister on the taxpayer’s balance-due day for the taxpayer’s taxation year in which the fiscal period of repayment ends, on account of the taxpayer’s tax payable for that year under this Part, if the taxpayer encloses the prescribed form containing the prescribed information with the fiscal return the taxpayer is required to file for that year under section 1000, or would be so required to file if the taxpayer had tax payable for that year under this Part, an amount equal to the amount by which the particular amount that the taxpayer would be deemed, subject to the second paragraph, to have paid to the Minister under section 1029.8.36.53.12 for the taxpayer’s taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.53.12 for the taxpayer’s taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the taxpayer would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the taxpayer, if the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of paragraph b of section 1029.8.36.53.15; and

(b)  the agreed proportion in respect of the taxpayer for the particular fiscal period were the same as that for the fiscal period of repayment.

2007, c. 12, s. 184; 2009, c. 15, s. 270.

1029.8.36.53.20. For the purposes of sections 1029.8.36.53.17 to 1029.8.36.53.19, an amount of assistance is deemed to be repaid by a taxpayer or partnership at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.53.15, eligible expenses or the share of such expenses of a taxpayer that is a member of the partnership, for the purpose of computing the amount that the taxpayer or the taxpayer that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.36.53.11 or 1029.8.36.53.12;

(b)  was not received by the taxpayer or partnership; and

(c)  ceased at the particular time to be an amount that the taxpayer or partnership may reasonably expect to receive.

2007, c. 12, s. 184.

DIVISION II.6.4.3 CREDIT FOR THE ACQUISITION OR LEASING OF AN ENERGY-EFFICIENT VEHICLE

2010, c. 5, s. 157.

1029.8.36.53.21. In this division,

“long-term leasing” of a recognized energy-efficient vehicle means the leasing of such a vehicle for a continuous period of at least 12 months;

“low-speed vehicle” has the meaning assigned by subsection 1 of section 2 of the Motor Vehicle Safety Regulations (C.R.C., 1038) made under the Motor Vehicle Safety Act (S.C. 1993, c. 16);

“model year” has the meaning assigned by subsection 1 of section 2 of the Motor Vehicle Safety Regulations;

“off-highway vehicle” means a vehicle to which the Act respecting off-highway vehicles (chapter V-1.2) applies;

“qualifying person” for a taxation year means

(a)  an individual, other than a trust, who is resident in Québec at the end of 31 December of the year or, if the individual died or ceased to be resident in Canada in the year, who was resident in Québec immediately before death or the time at which the individual ceased to be resident in Canada; and

(b)  a corporation that, in the year, has an establishment in Québec and is not

i.  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income for the year because of section 999.0.1, or

ii.  a corporation that would be exempt from tax for the year under section 985, but for section 192;

“recognized energy-efficient vehicle” means a vehicle equipped with four wheels, other than an off-highway vehicle, that meets the following conditions:

(a)  the vehicle is powered wholly or partly by gasoline or diesel fuel or, in the case of a hybrid vehicle, is powered partly by gasoline or diesel fuel and by electricity, or does not use fuel as its source of energy;

(b)  if the vehicle is powered wholly or partly by gasoline or diesel fuel, the vehicle’s weighted fuel consumption rating, determined in accordance with section 1029.8.36.53.22, does not exceed

i.  5.27 litres, in the case of a vehicle powered wholly or partly by gasoline, or

ii.  4.54 litres, in the case of a vehicle powered wholly or partly by diesel fuel;

(c)  the vehicle is registered, or deemed to be registered, for the first time in Québec and has never been registered outside Québec, unless such registration was temporary in order to bring the vehicle into Québec immediately after possession was taken;

(d)  if the vehicle is acquired or leased

i.  by a qualifying person, the vehicle is registered in the name of that person as being the owner, co-owner or lessee, as the case may be, or

ii.  by a partnership, the vehicle is registered in the name of a member of the partnership; and

(e)  if the vehicle is acquired, it is not acquired for the purpose of resale or long-term leasing.

For the purposes of the definition of “recognized energy-efficient vehicle” in the first paragraph,

(a)  a vehicle is deemed to be registered for the first time in Québec if the only previous registration of the vehicle was in the name of a dealer or manufacturer that held it in its vehicle fleet for the purpose of lending it for test drives; and

(b)  a vehicle that is the subject of long-term leasing and that is registered both in the name of its owner and of its lessee is deemed to be registered only in the lessee’s name.

2010, c. 5, s. 157.

1029.8.36.53.22. The weighted fuel consumption rating of a vehicle, to which paragraph b of the definition of “recognized energy-efficient vehicle” in the first paragraph of section 1029.8.36.53.21 refers, is equal to the number of litres of fuel determined by the formula

(0.55 × A) + (0.45 × B).

In the formula in the first paragraph,

(a)  A is the vehicle’s city fuel consumption rating; and

(b)  B is the vehicle’s highway fuel consumption rating.

For the purposes of the second paragraph and subject to the fifth paragraph, the city and highway fuel consumption ratings of a particular vehicle are those based on the number of litres of fuel per 100 kilometres consumed by a vehicle of the same make, model and model year as the particular vehicle and that has the same attributes as the particular vehicle, as established in the Fuel Consumption Guide published by Natural Resources Canada for the model year.

In the event of a discrepancy between the printed version of the Fuel Consumption Guide published by Natural Resources Canada for a model year and the version available for the model year on that department’s website, the website version shall prevail.

If the Fuel Consumption Guide has not established a fuel consumption rating in respect of a vehicle for a model year, the city and highway fuel consumption ratings of the vehicle, referred to in subparagraphs a and b of the second paragraph, are to be established, to the satisfaction of the Minister, on the basis of the number of litres of fuel per 100 kilometres consumed by the vehicle in the city and on the highway, respectively.

2010, c. 5, s. 157.

1029.8.36.53.23. A qualifying person who, at a time in a taxation year that occurs after 31 December 2008 and before 1 January 2016, acquires a recognized energy-efficient vehicle or leases such a vehicle under a long-term leasing contract, is deemed, subject to the second and third paragraphs, if the qualifying person encloses the prescribed form containing prescribed information with the fiscal return the qualifying person is required to file for the year under section 1000, or would be so required to file if the qualifying person had tax payable for that year under this Part, to have paid to the Minister, on the qualifying person’s balance-due day for that year, on account of the qualifying person’s tax payable for that year under this Part, the amount determined under section 1029.8.36.53.25 or 1029.8.36.53.26, in relation to the recognized energy-efficient vehicle, depending on whether the qualifying person acquires or leases it.

For the purpose of computing the payments that a person is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the person is deemed to have paid to the Minister, on account of the aggregate of the person’s tax payable for the year under this Part and of the person’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

This section does not apply to the acquisition or long-term leasing of a recognized energy-efficient vehicle that results from the awarding of a prize, unless the value of the prize is included in computing the income of the qualifying person receiving the prize.

2010, c. 5, s. 157.

1029.8.36.53.24. If a partnership acquires a recognized energy-efficient vehicle or leases such a vehicle under a long-term leasing contract at a time in a fiscal period that occurs after 31 December 2008 and before 1 January 2016, every qualifying person who is a member of the partnership at the end of that fiscal period and encloses the prescribed form containing prescribed information with the fiscal return the qualifying person is required to file under section 1000 for the qualifying person’s taxation year in which that fiscal period ends, or would be required to so file if the qualifying person had tax payable for the year under this Part, is deemed, subject to the second paragraph, to have paid to the Minister, on the qualifying person’s balance-due day for that year, on account of the qualifying person’s tax payable for that year under this Part, an amount equal to the qualifying person’s share of the amount determined under section 1029.8.36.53.25 or 1029.8.36.53.26, in relation to the recognized energy-efficient vehicle, depending on whether the partnership acquires or leases it.

For the purpose of computing the payments that a person referred to in the first paragraph is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, for the person’s taxation year in which the fiscal period of the partnership ends, the person is deemed to have paid to the Minister, on account of the aggregate of the person’s tax payable for the year under this Part and of the person’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a qualifying person’s share of an amount for a fiscal period of a partnership is equal to the agreed proportion of the amount in respect of the qualifying person for the partnership’s fiscal period.

2010, c. 5, s. 157.

1029.8.36.53.25. The amount to which the first paragraph of sections 1029.8.36.53.23 and 1029.8.36.53.24 refers, in relation to the acquisition of a recognized energy-efficient vehicle, is equal to

(a)  if the vehicle is powered wholly or partly by gasoline and its weighted fuel consumption rating is at least 3 litres, or is powered wholly or partly by diesel fuel and its weighted fuel consumption rating is at least 2.58 litres,

i.  $2,000, if the vehicle is acquired in the calendar year 2009 or 2010,

ii.  $1,500, if the vehicle is acquired in the calendar year 2011,

iii.  $1,000, if the vehicle is acquired in the calendar year 2012,

iv.  $500, if the vehicle is acquired in the calendar year 2013, or

v.  zero, if the vehicle is acquired in the calendar year 2014 or 2015;

(b)  if the vehicle is powered wholly or partly by gasoline and its weighted fuel consumption rating is less than 3 litres, or is powered wholly or partly by diesel fuel and its weighted fuel consumption rating is less than 2.58 litres,

i.  $3,000, if the vehicle is acquired in any of the calendar years 2009 to 2011,

ii.  $2,250, if the vehicle is acquired in the calendar year 2012,

iii.  $1,500, if the vehicle is acquired in the calendar year 2013,

iv.  $750, if the vehicle is acquired in the calendar year 2014, or

v.  zero, if the vehicle is acquired in the calendar year 2015;

(c)  if the vehicle is a low-speed vehicle,

i.  $4,000, if the vehicle is acquired in any of the calendar years 2009 to 2012,

ii.  $3,000, if the vehicle is acquired in the calendar year 2013,

iii.  $2,000, if the vehicle is acquired in the calendar year 2014, or

iv.  $1,000, if the vehicle is acquired in the calendar year 2015; and

(d)  if the vehicle is a vehicle that does not use fuel as its source of energy, other than a low-speed vehicle,

i.  $8,000, if the vehicle is acquired in any of the calendar years 2009 to 2012,

ii.  $6,000, if the vehicle is acquired in the calendar year 2013,

iii.  $4,000, if the vehicle is acquired in the calendar year 2014, or

iv.  $2,000, if the vehicle is acquired in the calendar year 2015.

2010, c. 5, s. 157.

1029.8.36.53.26. The amount to which the first paragraph of sections 1029.8.36.53.23 and 1029.8.36.53.24 refers, in relation to the long-term leasing of a recognized energy-efficient vehicle, is equal to the amount obtained by multiplying the amount that would be determined in accordance with any of paragraphs a to d of section 1029.8.36.53.25 in respect of the vehicle if it were acquired at the time at which it is leased, by

(a)  85%, if the leasing period is at least 72 months;

(b)  80%, if the leasing period is at least 60 months and less than 72 months;

(c)  70%, if the leasing period is at least 48 months and less than 60 months;

(d)  55%, if the leasing period is at least 36 months and less than 48 months;

(e)  40%, if the leasing period is at least 24 months and less than 36 months; and

(f)  25%, if the leasing period is less than 24 months.

2010, c. 5, s. 157.

1029.8.36.53.27. A qualifying person referred to in section 1029.8.36.53.23 or a partnership referred to in section 1029.8.36.53.24 shall keep the vouchers relating to the acquisition or leasing of a recognized energy-efficient vehicle during six years after the year to which they relate.

2010, c. 5, s. 157.

DIVISION II.6.5 CREDIT FOR THE CONSTRUCTION OR CONVERSION OF VESSELS

1997, c. 14, s. 234; 1999, c. 83, s. 211.

§ 1 . — Interpretation and general provisions

1997, c. 14, s. 234.

1029.8.36.54. In this division,

“apparent payment” means, except in sections 1029.8.36.55 and 1029.8.36.55.1, an amount paid or payable by a person or a partnership who or which, under the terms of a contract, carries out work or prepares plans and specifications for a qualified corporation, where the amount is paid or payable for the use of premises, facilities or equipment, or for the provision of services, and that may reasonably be considered to be included in a qualified construction expenditure or a qualified conversion expenditure;

“construction expenditure” of a qualified corporation for a taxation year in respect of an eligible vessel means the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  in respect of plans and specifications relating to the eligible vessel,

i.  where the plans and specifications are, in whole or in part, prepared by the qualified corporation, the salaries or wages incurred in the year or in a preceding taxation year by the qualified corporation for the preparation, by its employees of an establishment of the corporation situated in Québec, of the plans and specifications,

ii.  where the plans and specifications are, in whole or in part, prepared for the qualified corporation under the terms of a contract, by a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length, the aggregate of all amounts each of which is the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation, under the terms of the contract, that may reasonably be attributed to the salaries or wages incurred by the person or partnership in the year or in a preceding taxation year for the preparation of the plans and specifications by its employees of an establishment situated in Québec, or that could be so attributed if the person or partnership had such employees, and

iii.  in any other case, the portion of the cost of a contract, incurred by the qualified corporation in the year or in a preceding taxation year, that may reasonably be attributed to work carried out in Québec for the preparation of the plans and specifications;

(b)  where the construction of an eligible vessel is carried out in whole or in part by the qualified corporation, the salaries or wages, incurred in the year or in a preceding taxation year, of its employees of an establishment situated in Québec and that are attributable to the construction of the eligible vessel;

(c)  where, under the terms of an eligible contract, a portion of the construction of the eligible vessel is carried out for the qualified corporation by a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length at the time the contract is entered into, the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation, under the terms of the contract, that may reasonably be attributed to the salaries or wages that are attributable to the construction of the eligible vessel incurred by the person or partnership in the year or in a preceding year in respect of its employees of an establishment situated in Québec, or that could be so attributed if the person or partnership had such employees; and

(d)  where, under the terms of an eligible contract, a portion of the construction of the eligible vessel is carried out for the qualified corporation by a person or partnership with whom or with which the qualified corporation is dealing at arm’s length at the time the contract is entered into, one-half of the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation to the person or partnership under the terms of the contract, that may reasonably be attributed to construction work provided for in the contract carried out in the year or in a preceding year by the employees of an establishment of the person or partnership situated in Québec, or that could be so attributed if the person or partnership had such employees;

“conversion expenditure” of a qualified corporation for a taxation year in respect of an eligible vessel means the aggregate of the following amounts, to the extent that they are reasonable in the circumstances:

(a)  in respect of plans and specifications relating to the eligible vessel,

i.  where the plans and specifications are, in whole or in part, prepared by the qualified corporation, the salaries or wages incurred in the year or in a preceding taxation year by the qualified corporation for the preparation, by its employees of an establishment of the corporation situated in Québec, of the plans and specifications,

ii.  where the plans and specifications are, in whole or in part, prepared for the qualified corporation, under the terms of a contract, by a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length, the aggregate of all amounts each of which is the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation, under the terms of the contract, that may reasonably be attributed to the salaries or wages incurred by the person or partnership in the year or in a preceding taxation year for the preparation of the plans and specifications by its employees of an establishment situated in Québec, or that could be so attributed if the person or partnership had such employees, and

iii.  in any other case, the portion of the cost of a contract, incurred by the qualified corporation in the year or in a preceding taxation year, that may reasonably be attributed to work carried out in Québec for the preparation of the plans and specifications;

(b)  where the conversion of the eligible vessel is carried out in whole or in part by the qualified corporation, the salaries or wages, incurred in the year or in a preceding taxation year, of its employees of an establishment situated in Québec and that are attributable to the conversion of the eligible vessel;

(c)  where, under the terms of an eligible contract, part of the conversion of the eligible vessel is carried out for the qualified corporation by a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length at the time the contract is entered into, the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation, under the terms of the contract, that may reasonably be attributed to the salaries or wages that are attributable to the conversion of the eligible vessel and incurred by the person or partnership in the year or in a preceding year in respect of its employees of an establishment situated in Québec, or that could be so attributed if the person or partnership had such employees; and

(d)  where, under the terms of an eligible contract, part of the conversion of the eligible vessel is carried out for the qualified corporation by a person or partnership with whom or with which the qualified corporation is dealing at arm’s length at the time the contract is entered into, one-half of the portion of the consideration paid in the year or in a preceding taxation year by the qualified corporation to the person or partnership, under the terms of the contract, that may reasonably be attributed to conversion work provided for in the contract and carried out in the year or in a preceding year by the employees of an establishment of the person or partnership situated in Québec, or that could be so attributed if the person or partnership had such employees;

“eligible contract” means a contract in respect of which a qualification certificate has been issued by the Minister of Economic Development, Innovation and Export Trade, entered into by a qualified corporation with a person or partnership and under which the qualified corporation entrusts the person or partnership with the carrying out of work in Québec which is related to the construction or conversion of an eligible vessel by the qualified corporation;

“eligible vessel” of a qualified corporation means a vessel constructed or converted in Québec by the corporation under a project in respect of which the Minister of Economic Development, Innovation and Export Trade has issued a qualification certificate, for the purposes of this division, attesting that the vessel will be a prototype vessel, or the first, second or third vessel constructed or converted, as the case may be, as part of a production run;

“factor specified” in respect of an eligible vessel means,

(a)  in relation to the portion of a qualified construction expenditure or a qualified conversion expenditure of a qualified corporation for a taxation year, that may reasonably be attributed to work carried out before 18 November 2000, any of the following factors:

i.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is a prototype vessel, 2,

ii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the first vessel constructed or converted as part of a production run, 8/3,

iii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the second vessel constructed or converted as part of a production run, 4, and

iv.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the third vessel constructed or converted as part of a production run, 8;

(b)  in relation to the portion of a qualified construction expenditure or a qualified conversion expenditure of a qualified corporation for a taxation year, that may reasonably be attributed to work carried out after 17 November 2000 and before 13 June 2003, any of the following factors:

i.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is a prototype vessel, 2,

ii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the first vessel constructed or converted as part of a production run, 20/9,

iii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the second vessel constructed or converted as part of a production run, 5/2, and

iv.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the third vessel constructed or converted as part of a production run, 20/7;

(b.1)  in relation to the portion of a qualified construction expenditure or a qualified conversion expenditure of a qualified corporation for a taxation year, that may reasonably be attributed to work carried out after 12 June 2003, any of the following factors:

i.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is a prototype vessel, 8/3,

ii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the first vessel constructed or converted as part of a production run, 80/27,

iii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the second vessel constructed or converted as part of a production run, 10/3, and

iv.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the eligible vessel is the third vessel constructed or converted as part of a production run, 80/21;

(c)  (paragraph repealed);

(d)  (paragraph repealed);

“qualified construction expenditure” of a qualified corporation for a taxation year in respect of an eligible vessel means the amount by which

(a)  the aggregate of

i.  the construction expenditure of the qualified corporation for the year in respect of the eligible vessel, and

ii.  any amount paid by the qualified corporation, another person or a partnership, as the case may be, in the year or a preceding taxation year, pursuant to a legal obligation, as a repayment of assistance received by the qualified corporation, the other person or the partnership, to the extent that the assistance reduced, because of subparagraph a or a.1 of the third paragraph, a construction expenditure of the qualified corporation in respect of the eligible vessel in the year or a preceding taxation year; exceeds

(b)  in the case of an eligible vessel in respect of which the Minister of Economic Development, Innovation and Export Trade has issued a qualification certificate attesting that it is a prototype vessel and in respect of which work was carried out before 26 March 1997, the aggregate of

i.  250% of the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under section 1029.8.36.55 by the qualified corporation, on account of its tax payable for a preceding taxation year, in respect of the portion of a qualified construction expenditure relating to the eligible vessel that may reasonably be attributed to work carried out before 26 March 1997, and

ii.  200% of the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under section 1029.8.36.55 by the qualified corporation, on account of its tax payable for a preceding taxation year, in respect of the portion of a qualified construction expenditure relating to the eligible vessel that may reasonably be attributed to work carried out after 25 March 1997; and

(c)  in the case of an eligible vessel other than a vessel referred to in paragraph b, the product obtained by multiplying the factor specified in respect of the eligible vessel by the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under section 1029.8.36.55 by the qualified corporation, on account of its tax payable, in respect of the eligible vessel for a preceding taxation year;

“qualified conversion expenditure” of a qualified corporation for a taxation year in respect of an eligible vessel means the amount by which

(a)  the aggregate of

i.  the conversion expenditure of the qualified corporation for the year in respect of the eligible vessel, and

ii.  any amount paid by the qualified corporation, another person or a partnership, as the case may be, in the year or a preceding taxation year, pursuant to a legal obligation, as a repayment of assistance received by the qualified corporation, the other person or the partnership, to the extent that the assistance reduced, because of subparagraph a or a.1 of the third paragraph, a conversion expenditure of the qualified corporation in respect of the eligible vessel in the year or a preceding taxation year; exceeds

(b)  the product obtained by multiplying the factor specified in respect of the eligible vessel by the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under section 1029.8.36.55.1 by the qualified corporation, on account of its tax payable, in respect of an eligible vessel for a preceding taxation year;

“qualified corporation”, in respect of a taxation year, means a corporation that, in the year, carries on a shipbuilding business in Québec and has an establishment in Québec, and that is neither a corporation that is exempt from tax for the year under Book VIII nor a corporation that would be exempt from tax under section 985 but for section 192;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III;

“vessel” includes a semi-submergible rig stabilized by submerging pontoons and by anchoring.

For the purposes of paragraphs b and c of the definitions of “construction expenditure” and “conversion expenditure” in the first paragraph, the salaries or wages incurred by a person or a partnership in respect of an employee are attributable to the construction or conversion of an eligible vessel only where the employee works directly on the construction or conversion, as the case may be, of the vessel and only to the extent that the salaries or wages may reasonably be considered to relate to the construction or conversion, as the case may be, of the vessel in view of the time spent thereon by the employee and, in that respect, an employee who spends 90% or more of working time on the construction or conversion, as the case may be, of an eligible vessel is deemed to spend all working time thereon.

For the purposes of the first paragraph,

(a)  the amount of salaries or wages incurred, of a portion of the consideration paid or of a portion of the cost of a contract incurred, as the case may be, which relates to a construction expenditure or a conversion expenditure incurred by a qualified corporation for a taxation year in respect of an eligible vessel shall be reduced, where applicable, by the amount of any government assistance and non-government assistance attributable to those salaries or wages, to that portion of the consideration or to that portion of the cost of a contract, as the case may be, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before its filing-due date for that year;

(a.1)  when referred to in subparagraph ii of paragraph a or paragraph c of the definition of “construction expenditure” or “conversion expenditure” in the first paragraph, the amount of a portion of a consideration paid in respect of a construction expenditure or a conversion expenditure of a qualified corporation for a taxation year in respect of an eligible vessel, is to be reduced, where applicable, by the amount of any government assistance or non-government assistance that is attributable to the salaries or wages incurred in respect of the employees of an establishment of a person or partnership situated in Québec that are referred to in that subparagraph ii or that paragraph c, or that would be so attributable if the person or partnership had such employees, and that the person or partnership has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year;

(b)  an amount incurred or paid in a taxation year which relates to the activities or work to be carried out in a subsequent taxation year is deemed not to have been incurred or paid in that year but to have been incurred or paid in the subsequent year during which the activities or work to which the amount relates are carried out; and

(c)  the amount of a qualified construction expenditure or a qualified conversion expenditure of a qualified corporation for a taxation year in respect of an eligible vessel shall be reduced by the amount of any apparent payment attributable to that expenditure, which the qualified corporation or a person with whom the qualified corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year.

For the purposes of subparagraph ii of paragraph a of the definitions of “qualified construction expenditure” and “qualified conversion expenditure” in the first paragraph, an amount of assistance received by a qualified corporation, a person or a partnership, as the case may be, is deemed to be repaid by the qualified corporation, person or partnership in a taxation year, pursuant to a legal obligation, if that amount

(a)  reduced, because of subparagraph a or a.1 of the third paragraph, the amount of the salaries or wages incurred, of a portion of a consideration paid or of a portion of the cost of a contract incurred, as the case may be, in respect of a construction expenditure or a conversion expenditure of a qualified corporation, for the purpose of computing the amount the qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.55 or 1029.8.36.55.1;

(b)  was not received by the qualified corporation, the other person or the partnership; and

(c)  ceased in the taxation year to be an amount that the qualified corporation, the other person or the partnership may reasonably expect to receive.

1997, c. 14, s. 234; 1997, c. 31, s. 143; 1997, c. 85, s. 259; 1999, c. 8, s. 20; 1999, c. 83, s. 212; 2000, c. 5, s. 265; 2001, c. 7, s. 169; 2001, c. 51, s. 180; 2002, c. 9, s. 86; 2003, c. 29, s. 135; 2004, c. 21, s. 353; 2006, c. 8, s. 31; 2007, c. 12, s. 185; 2009, c. 15, s. 271.

§ 2 . — Credit

1997, c. 14, s. 234.

1029.8.36.55. A qualified corporation that, in a taxation year, constructs in Québec an eligible vessel and encloses with its fiscal return it is required to file for the year under section 1000 a copy of the qualification certificate issued to it by the Minister of Economic Development, Innovation and Export Trade, in respect of the eligible vessel, attesting that the eligible vessel is a prototype vessel or is the first, second or third vessel constructed as part of a production run, and the prescribed form containing the prescribed information, is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, the lesser of

(a)  an amount equal, in respect of the eligible vessel

i.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, to the aggregate of

(1)  40% of the portion of the qualified construction expenditure for the year in respect of the eligible vessel that may reasonably be attributed to work carried out before 26 March 1997,

(2)  50% of the portion of the qualified construction expenditure for the year in respect of the eligible vessel that may reasonably be attributed to work carried out after 25 March 1997 and before 13 June 2003, and

(3)  37.5% of the portion of the qualified construction expenditure for the year in respect of the eligible vessel that may reasonably be attributed to work carried out after 12 June 2003,

ii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel constructed as part of a production run, to an amount that is the product obtained by multiplying the portion of the qualified construction expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out before 18 November 2000 by

(1)  where the eligible vessel is the first vessel constructed as part of a production run, 37.5%,

(2)  where the eligible vessel is the second vessel constructed as part of a production run, 25%, and

(3)  where the eligible vessel is the third vessel constructed as part of a production run, 12.5%,

iii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel constructed as part of a production run, to an amount that is the product obtained by multiplying the portion of the qualified construction expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out after 17 November 2000 and before 13 June 2003, by

(1)  where the eligible vessel is the first vessel constructed as part of a production run, 45%,

(2)  where the eligible vessel is the second vessel constructed as part of a production run, 40%, and

(3)  where the eligible vessel is the third vessel constructed as part of a production run, 35%, and

iv.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel constructed as part of a production run, to an amount that is the product obtained by multiplying the portion of the qualified construction expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out after 12 June 2003, by,

(1)  where the eligible vessel is the first vessel constructed as part of a production run, 33.75%,

(2)  where the eligible vessel is the second vessel constructed as part of a production run, 30%, and

(3)  where the eligible vessel is the third vessel constructed as part of a production run, 26.25%; and

(b)  the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister, under this section, by the qualified corporation in respect of the eligible vessel for a preceding taxation year:

i.  the product obtained by multiplying the portion of the cost of construction of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out before 18 November 2000, by

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 20%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel constructed as part of a production run, 15%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel constructed as part of a production run, 10%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel constructed as part of a production run, 5%,

ii.  the product obtained by multiplying the portion of the cost of construction of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out after 17 November 2000 and before 13 June 2003, by

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 25%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel constructed as part of a production run, 22.5%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel constructed as part of a production run, 20%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel constructed as part of a production run, 17.5%, and

iii.  the product obtained by multiplying the portion of the cost of construction of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out after 12 June 2003, by,

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 18.75%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel constructed as part of a production run, 16.875%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel constructed as part of a production run, 15%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel constructed as part of a production run, 13.125%.

For the purposes of subparagraph b of the first paragraph, the cost of construction, at the end of a taxation year, of an eligible vessel of a qualified corporation is equal to the aggregate of

(a)  the amount by which the portion of the cost to the qualified corporation of construction of the eligible vessel incurred at the end of the year exceeds the aggregate of all amounts each of which is

i.  government assistance or non-government assistance attributable to the cost of construction that the qualified corporation or a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year, or

ii.  an apparent payment, attributable to the cost of construction, that the qualified corporation or a person with whom it is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year; and

(b)  any repayment made by the qualified corporation, the person or the partnership in the year or a preceding taxation year, pursuant to a legal obligation, of assistance described in subparagraph a in respect of the eligible vessel.

For the purposes of subparagraph a of the second paragraph, “apparent payment” means an amount paid or payable by a person who, for the construction of an eligible vessel of a qualified corporation, carries out work or prepares plans and specifications for the qualified corporation, where the amount is paid or payable for the use of premises, facilities or equipment, or for the provision of services, and that may reasonably be considered to be included in the cost of construction of the eligible vessel.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1997, c. 14, s. 234; 1997, c. 31, s. 143; 1997, c. 85, s. 260; 1999, c. 8, s. 20; 1999, c. 83, s. 213; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2001, c. 53, s. 260; 2002, c. 9, s. 87; 2003, c. 9, s. 280; 2003, c. 29, s. 135; 2004, c. 21, s. 354; 2006, c. 8, s. 31; 2007, c. 12, s. 186.

1029.8.36.55.1. A qualified corporation that, in a taxation year, converts in Québec an eligible vessel and encloses with its fiscal return it is required to file for the year under section 1000 a copy of the qualification certificate issued to it by the Minister of Economic Development, Innovation and Export Trade, in respect of the eligible vessel, attesting that the eligible vessel is a prototype vessel or is the first, second or third vessel converted as part of a production run, and the prescribed form containing the prescribed information, is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of its tax payable for that year under this Part, the lesser of

(a)  an amount equal to, in respect of the eligible vessel,

i.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, to the aggregate of

(1)  50% of the portion of the qualified conversion expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out before 13 June 2003, and

(2)  37.5% of the portion of the qualified construction expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out after 12 June 2003,

ii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel converted as part of a production run, to the amount that is the product obtained by multiplying the portion of the qualified conversion expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out before 18 November 2000, by

(1)  where the eligible vessel is the first vessel converted as part of a production run, 37.5%,

(2)  where the eligible vessel is the second vessel converted as part of a production run, 25%, and

(3)  where the eligible vessel is the third vessel converted as part of a production run, 12.5%,

iii.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel converted as part of a production run, to the amount that is the product obtained by multiplying the portion of the qualified conversion expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out after 17 November 2000 and before 13 June 2003, by

(1)  where the eligible vessel is the first vessel converted as part of a production run, 45%,

(2)  where the eligible vessel is the second vessel converted as part of a production run, 40%, and

(3)  where the eligible vessel is the third vessel converted as part of a production run, 35%, and

iv.  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first, second or third vessel converted as part of a production run, to the amount that is the product obtained by multiplying the portion of the qualified conversion expenditure for the year of the qualified corporation in respect of the eligible vessel that may reasonably be attributed to work carried out after 12 June 2003, by

(1)  where the eligible vessel is the first vessel converted as part of a production run, 33.75%,

(2)  where the eligible vessel is the second vessel converted as part of a production run, 30%, and

(3)  where the eligible vessel is the third vessel converted as part of a production run, 26.25%; and

(b)  the amount by which the aggregate of the following amounts exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister, under this section, by the qualified corporation in respect of the eligible vessel for a preceding taxation year:

i.  the product obtained by multiplying the portion of the cost of conversion of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out before 18 November 2000, by

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 20%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel converted as part of a production run, 15%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel converted as part of a production run, 10%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel converted as part of a production run, 5%,

ii.  the product obtained by multiplying the portion of the cost of conversion of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out after 17 November 2000 and before 13 June 2003, by

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 25%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel converted as part of a production run, 22.5%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel converted as part of a production run, 20%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel converted as part of a production run, 17.5%, and

iii.  the product obtained by multiplying the portion of the cost of conversion of the eligible vessel to the qualified corporation incurred at the end of the year that may reasonably be attributed to work carried out after 12 June 2003, by

(1)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is a prototype vessel, 18.75%,

(2)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the first vessel converted as part of a production run, 16.875%,

(3)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the second vessel converted as part of a production run, 15%, and

(4)  where the qualification certificate issued by the Minister of Economic Development, Innovation and Export Trade attests that the vessel is the third vessel converted as part of a production run, 13.125%.

For the purposes of subparagraph b of the first paragraph, the cost of conversion, at the end of a taxation year, of an eligible vessel of a qualified corporation is equal to the aggregate of

(a)  the amount by which the portion of the cost to the qualified corporation of conversion of the eligible vessel incurred at the end of the year exceeds the aggregate of all amounts each of which is

i.  government assistance or non-government assistance attributable to the cost of conversion that the qualified corporation or a person or partnership with whom or with which the qualified corporation is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year, or

ii.  an apparent payment, attributable to the cost of conversion, that the qualified corporation or a person with whom it is not dealing at arm’s length has received, is entitled to receive or may reasonably expect to receive on or before the qualified corporation’s filing-due date for that year; and

(b)  any repayment made by the qualified corporation, the person or the partnership in the year or a preceding taxation year, pursuant to a legal obligation, of assistance described in subparagraph a in respect of the eligible vessel.

For the purposes of subparagraph a of the second paragraph, “apparent payment” means an amount paid or payable by a person who, for the conversion of an eligible vessel of a qualified corporation, carries out work or prepares plans and specifications for the qualified corporation, where the amount is paid or payable for the use of premises, facilities or equipment, or for the provision of services, and that may reasonably be considered to be included in the cost of conversion of the eligible vessel.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1999, c. 83, s. 214; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2001, c. 53, s. 260; 2002, c. 9, s. 88; 2003, c. 9, s. 281; 2003, c. 29, s. 135; 2004, c. 21, s. 355; 2006, c. 8, s. 31; 2007, c. 12, s. 187.

1029.8.36.56. Subject to sections 1010 to 1011, for the purposes of this division, where the Minister of Economic Development, Innovation and Export Trade revokes a qualification certificate that was issued to a qualified corporation, the following rules apply:

(a)  a revoked qualification certificate is null from the time the revocation becomes effective;

(b)  no amount may be deemed to have been paid to the Minister by the qualified corporation under section 1029.8.36.55 in respect of an expenditure that would, but for this subparagraph, be a construction expenditure included in a qualified construction expenditure of the qualified corporation in respect of an eligible vessel of the corporation in respect of which a qualification certificate was issued by the Minister of Economic Development, Innovation and Export Trade if,

i.  where the expenditure is referred to in any of paragraphs b to d of the definition of “construction expenditure” in the first paragraph of section 1029.8.36.54, the expenditure was incurred before the date indicated to that effect on the qualification certificate,

ii.  where the expenditure was incurred after the date of issue of the qualification certificate and is referred to in subparagraph i or ii of paragraph a of the definition of “construction expenditure” in the first paragraph of section 1029.8.36.54 or in paragraph b or c of that definition, the qualification certificate was not valid at the time the salaries or wages were incurred, or

iii.  where the expenditure was incurred after the date of issue of the qualification certificate and is referred to in subparagraph iii of paragraph a of the definition of “construction expenditure” in the first paragraph of section 1029.8.36.54 or in paragraph d of that definition, the qualification certificate was not valid at the time the work was carried out;

(c)  no amount may be deemed to have been paid to the Minister by the qualified corporation under section 1029.8.36.55.1 in respect of an expenditure that would, but for this subparagraph, be a conversion expenditure included in a qualified conversion expenditure of the qualified corporation in respect of an eligible vessel of the corporation in respect of which a qualification certificate was issued by the Minister of Economic Development, Innovation and Export Trade if,

i.  where the expenditure is referred to in any of paragraphs b to d of the definition of “conversion expenditure” in the first paragraph of section 1029.8.36.54, the expenditure was incurred before the date indicated to that effect on the qualification certificate,

ii.  where the expenditure was incurred after the date of issue of the qualification certificate and is referred to in subparagraph i or ii of paragraph a of the definition of “conversion expenditure” in the first paragraph of section 1029.8.36.54 or in paragraph b or c of that definition, the qualification certificate was not valid at the time the salaries or wages were incurred, or

iii.  where the expenditure was incurred after the date of issue of the qualification certificate and is referred to in subparagraph iii of paragraph a of the definition of “conversion expenditure” in the first paragraph of section 1029.8.36.54 or in paragraph d of that definition, the qualification certificate was not valid at the time the work was carried out.

The revoked certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1997, c. 14, s. 234; 1999, c. 8, s. 20; 1999, c. 83, s. 215; 2001, c. 51, s. 181; 2003, c. 29, s. 135; 2006, c. 8, s. 31; 2007, c. 12, s. 188.

1029.8.36.57. For the purposes of this division, the qualified construction expenditure or qualified conversion expenditure of a qualified corporation in respect of an eligible vessel and the cost of construction or cost of conversion, as the case may be, to the corporation of that vessel shall be reduced by the amount of the consideration for the disposition of property, or for the provision of a service, to the qualified corporation or a person with whom the qualified corporation does not deal at arm’s length, except to the extent that the consideration may reasonably be considered to relate to property resulting from work, or to services, related to the construction or conversion, as the case may be, of the eligible vessel or to property or part of a property consumed in connection with such work or services.

1997, c. 14, s. 234; 1999, c. 83, s. 216.

1029.8.36.58. If, in respect of the construction or conversion of an eligible vessel, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the preparation of the plans and specifications relating to the vessel or to construction work or conversion work in respect of the vessel, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the amount of the salaries or wages incurred, of a portion of a consideration paid or of a portion of the cost of a contract incurred, as the case may be, in respect of the construction expenditure or of the conversion expenditure of a qualified corporation for a taxation year, in respect of the eligible vessel, and the cost of construction or cost of conversion, as the case may be, to the corporation of that eligible vessel for that year, are, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister for that year under section 1029.8.36.55 or 1029.8.36.55.1, to be reduced by the amount of the benefit or advantage attributable to the salaries or wages, to the portion of a consideration or to the portion of the cost of a contract, as the case may be, and to the cost of construction or cost of conversion, as the case may be, that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the corporation’s filing-due date for that year.

1997, c. 14, s. 234; 1997, c. 31, s. 143; 1999, c. 83, s. 216; 2006, c. 36, s. 151; 2007, c. 12, s. 189.

1029.8.36.59. For the purposes of this Part and the regulations, the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.55 or 1029.8.36.55.1 is deemed not to be assistance or an inducement received by the corporation from a government.

1997, c. 14, s. 234; 1999, c. 83, s. 216.

DIVISION II.6.5.1

Repealed, 2010, c. 25, s. 138.

2000, c. 39, s. 181; 2010, c. 25, s. 138.

1029.8.36.59.1. (Repealed).

2000, c. 39, s. 181; 2001, c. 51, s. 228; 2005, c. 23, s. 188; 2010, c. 25, s. 138.

1029.8.36.59.2. (Repealed).

2000, c. 39, s. 181; 2003, c. 9, s. 282; 2004, c. 21, s. 356; 2010, c. 25, s. 138.

1029.8.36.59.3. (Repealed).

2000, c. 39, s. 181; 2003, c. 9, s. 283; 2004, c. 21, s. 357; 2009, c. 15, s. 272; 2010, c. 25, s. 138.

1029.8.36.59.4. (Repealed).

2000, c. 39, s. 181; 2009, c. 15, s. 273; 2010, c. 25, s. 138.

1029.8.36.59.5. (Repealed).

2000, c. 39, s. 181; 2002, c. 40, s. 166; 2005, c. 23, s. 189; 2010, c. 25, s. 138.

1029.8.36.59.6. (Repealed).

2000, c. 39, s. 181; 2002, c. 40, s. 167; 2005, c. 23, s. 190; 2006, c. 36, s. 152; 2010, c. 25, s. 138.

1029.8.36.59.7. (Repealed).

2000, c. 39, s. 181; 2002, c. 40, s. 168; 2005, c. 23, s. 191; 2006, c. 36, s. 153; 2010, c. 25, s. 138.

1029.8.36.59.8. (Repealed).

2000, c. 39, s. 181; 2010, c. 25, s. 138.

DIVISION II.6.5.2 CREDIT TO PROMOTE THE MODERNIZATION OF THE TAXI FLEET USED IN THE TAXI INDUSTRY

2003, c. 9, s. 284.

1029.8.36.59.9. In this division,

“eligibility date” means, in relation to an eligible vehicle of an eligible taxpayer, the later of

(a)  the date on which the eligible taxpayer registers the eligible vehicle as a taxi; and

(b)  1 January 2001;

“eligibility period” in relation to an eligible vehicle of an eligible taxpayer means the period that begins on the eligibility date and that ends on the earliest of

(a)  the day that is five years after the day on which the eligible vehicle was first registered as a road vehicle;

(b)  the day on which the eligible taxpayer ceases to register the eligible vehicle as a taxi; and

(c)  31 December 2010;

“eligible taxpayer”, for a taxation year, means a taxpayer who, in the portion, in the year, of the eligibility period relating to an eligible vehicle of the taxpayer, is the holder of a taxi owner’s permit to which that eligible vehicle is attached;

“eligible vehicle” of an eligible taxpayer means, at a particular time in a taxation year, a motor vehicle that

(a)  was first registered as a road vehicle on a date that precedes the eligibility date by no more than five years;

(b)  is acquired or leased by the eligible taxpayer before 1 January 2006; and

(c)  is registered as a taxi at the particular time;

“holder” of a taxi owner’s permit means the person in whose name the taxi owner’s permit is issued or, where such a permit is issued in the name of two or more persons, the person among them whom they designate;

“taxi owner’s permit” means such a permit referred to in the Act respecting transportation services by taxi (chapter S-6.01), including a limousine permit or other specialized taxi permit referred to in that Act.

Subject to the third paragraph, for the purposes of the definitions of “eligibility period” and “eligible vehicle” in the first paragraph, a motor vehicle that was first registered as a road vehicle outside Québec is deemed to have been first registered as a road vehicle on the date that is the earlier of

(a)  the date on which the motor vehicle was first registered in Québec; and

(b)  1 January of the model year of the motor vehicle.

The second paragraph does not apply where the eligible taxpayer files with the Minister a document issued by a competent government authority showing the date on which the motor vehicle was first registered as a road vehicle outside Québec.

2003, c. 9, s. 284.

1029.8.36.59.10. An eligible taxpayer who, for a taxation year, holds an information return issued by the Société de l’assurance automobile du Québec in respect of a taxi owner’s permit of which the taxpayer is the holder in the year and who applies therefor in the fiscal return the taxpayer is required to file for the year under section 1000, or would be so required to file if the taxpayer had tax payable for the year under this Part, is deemed, subject to the second paragraph, to have paid to the Minister on the taxpayer’s balance-due day for the year, for each such permit in respect of which the taxpayer holds such an information return, an amount equal to the product obtained by multiplying $500 by the proportion, which may not exceed 1, that the number of days in the portion, in the year, of the eligibility period relating to an eligible vehicle of the eligible taxpayer is of 365.

For the purpose of computing the payments that an eligible taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 284.

1029.8.36.59.11. For the purposes of this Part and the regulations, the amount that an eligible taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.8.36.59.10 is deemed not to be assistance or an inducement received by the taxpayer from a government.

2003, c. 9, s. 284.

DIVISION II.6.5.3 CREDIT FOR THE CONSTRUCTION AND MAJOR REPAIR OF PUBLIC ACCESS ROADS AND BRIDGES IN FOREST AREAS

2005, c. 1, s. 244; 2006, c. 36, s. 154.

§ 1 . — Definitions

2005, c. 1, s. 244.

1029.8.36.59.12. In this division,

“annual forest management plan” means a plan referred to in section 59 of the Forest Act (chapter F-4.1);

“eligible access road or bridge” of a corporation or partnership means an access road or bridge in respect of which the Minister of Natural Resources and Wildlife issues a qualification certificate for the purposes of this division to the corporation or partnership;

“eligible construction and major repair work” means

(a)  in respect of the construction of an access road, the impact assessments, localization, plans and specifications, clearing, grubbing, shaping, filling, drilling and blasting, subbase course, snow removal, signalization, culverts and supervision;

(b)  in respect of the construction of a bridge, the impact assessments, geotechnical studies, localization, plans and specifications, foundation unit, superstructure, deck, approach fill, drilling and blasting, signalization and supervision; and

(c)  major repair work on an eligible access road or bridge;

“eligible construction work” means

(a)  in respect of the construction of an access road, the impact assessments, localization, plans and specifications, clearing, grubbing, shaping, filling, drilling and blasting, subbase course, snow removal, signalization, culverts and supervision; or

(b)  in respect of the construction of a bridge, the impact assessments, geotechnical studies, localization, plans and specifications, foundation unit, superstructure, deck, approach fill, drilling and blasting, signalization and supervision;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period, in respect of an eligible access road or bridge of the corporation or partnership, means

(a)  expenses incurred by the corporation in the year or by the partnership in the fiscal period, that are directly attributable to eligible construction work of the eligible access road or bridge, if

i.  the expenses are incurred in any of the following periods:

(1)  after 11 March 2003 and before 12 June 2003, or

(2)  after 11 June 2003 and before 1 January 2004, if the expenses are incurred in accordance with an annual forest management plan submitted to the Minister of Natural Resources, Wildlife and Parks before 12 June 2003 and the construction of the eligible access road or bridge began before 12 June 2003, and

ii.  the expenses consist of

(1)  wages paid to an employee of the corporation or partnership in consideration for services rendered by the employee in connection with the carrying out of eligible construction work of the eligible access road or bridge,

(2)  an expense relating to the cost of the property that is consumed in connection with the carrying out, by the corporation or partnership, of eligible construction work of the eligible access road or bridge, or

(3)  the portion of the consideration paid to a person or partnership under a contract that may reasonably be attributed to eligible construction work of the eligible access road or bridge carried out on behalf of the corporation or partnership; and

(b)  expenses incurred by the corporation in the year or by the partnership in the fiscal period, that are directly attributable to eligible construction and major repair work of the eligible access road or bridge, if

i.  the expenses are incurred after 23 March 2006 and before 1 January 2011 in accordance with an annual forest management plan submitted to the Minister of Natural Resources and Wildlife before 1 January 2010 and the construction or major repair of the eligible access road or bridge began before 1 January 2010,

ii.  the expenses consist of

(1)  wages paid to an employee of the corporation or partnership in consideration for services rendered by the employee in connection with the carrying out of eligible construction and major repair work of the eligible access road or bridge,

(2)  an expense relating to the cost of the property that is consumed in connection with the carrying out, by the corporation or partnership, of eligible construction and major repair work of the eligible access road or bridge, or

(3)  the portion of the consideration paid to a person or partnership under a contract that may reasonably be attributed to eligible construction and major repair work of the eligible access road or bridge carried out on behalf of the corporation or partnership, and

iii.  the expenses are not expenses incurred for the preventive or routine maintenance of an existing access road or bridge;

“forest management agreement” means an agreement referred to in section 84.1 of the Forest Act;

“forest management contract” means a contract referred to in section 102 of the Forest Act;

“qualified corporation” for a taxation year means a corporation that, in the year, carries on a business in Québec and has an establishment in Québec, other than a corporation

(a)  that is exempt from tax for the year under Book VIII; or

(b)  that would be exempt from tax for the year under section 985, but for section 192;

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“timber supply and forest management agreement” means an agreement referred to in section 36 of the Forest Act;

“wages” means the income computed under Chapters I and II of Title II of Book III.

2005, c. 1, s. 244; 2006, c. 3, s. 35; 2006, c. 36, s. 155; 2009, c. 15, s. 274.

§ 2 . — Credits

2005, c. 1, s. 244.

1029.8.36.59.13. A qualified corporation for a taxation year that entered into a forest management agreement, a timber supply and forest management agreement or a forest management contract with the Minister of Natural Resources and Wildlife, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year on account of its tax payable for the year under this Part, an amount equal to 90% of its eligible expenses for the year in respect of an eligible access road or bridge, to the extent that the expenses are paid, if it encloses, with the fiscal return it is required to file for the year under section 1000,

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate issued to the corporation in relation to the eligible access road or bridge.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2005, c. 1, s. 244; 2006, c. 3, s. 35; 2006, c. 36, s. 156.

1029.8.36.59.14. A qualified corporation for a taxation year, that is a member of a qualified partnership at the end of a fiscal period of the partnership that ends in the year, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year on account of its tax payable for the year, an amount equal to 90% of its share of the eligible expenses of the partnership for the fiscal period in respect of an eligible access road or bridge, to the extent that the expenses are paid, if the partnership entered into a forest management agreement, a timber supply and forest management agreement or a forest management contract with the Minister of Natural Resources and Wildlife and if the corporation encloses, with the fiscal return it is required to file for the year under section 1000,

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate issued to the partnership in relation to the eligible access road or bridge.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a qualified corporation’s share of an amount for a fiscal period of a qualified partnership is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period.

2005, c. 1, s. 244; 2006, c. 3, s. 35; 2006, c. 36, s. 157; 2009, c. 15, s. 275.

§ 3 . — Government assistance, non-government assistance and other particulars

2005, c. 1, s. 244.

1029.8.36.59.15. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.59.13 or 1029.8.36.59.14, the following rules apply:

(a)  the amount of the eligible expenses referred to in the first paragraph of section 1029.8.36.59.13 shall be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to the expenses that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for the year; and

(b)  the corporation’s share of the eligible expenses of a qualified partnership, referred to in the first paragraph of section 1029.8.36.59.14 for a fiscal period of the partnership that ends in the taxation year, shall be reduced, where applicable,

i.  by the corporation’s share, for the fiscal period, of any amount of government assistance or non-government assistance attributable to the expenses that the partnership has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance or non-government assistance attributable to the expenses that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, a qualified corporation’s share of an amount for a fiscal period of a qualified partnership is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period.

2005, c. 1, s. 244; 2007, c. 12, s. 190; 2009, c. 15, s. 276.

1029.8.36.59.16. Where a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.36.59.15, eligible expenses of the corporation, for the purpose of computing the amount that it is deemed to have paid to the Minister under section 1029.8.36.59.13 in respect of the expenses, for a particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the repayment year under section 1000, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister under section 1029.8.36.59.13 for the particular year, in respect of the expenses, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.59.15, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.59.13 in respect of the expenses; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2005, c. 1, s. 244; 2006, c. 36, s. 158.

1029.8.36.59.17. Where a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.59.15, a corporation’s share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.59.14, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if the corporation is a member of the partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, subject to the second paragraph, to have paid to the Minister under section 1029.8.36.59.14 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.59.14, for its taxation year in which the particular fiscal period ends, in respect of the eligible expenses of the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers shall be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.59.15; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2005, c. 1, s. 244; 2006, c. 36, s. 159; 2009, c. 15, s. 277.

1029.8.36.59.18. Where a corporation is a member of a partnership at the end of a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.59.15, its share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.59.14, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the particular amount that the corporation would be deemed, subject to the second paragraph, to have paid to the Minister under section 1029.8.36.59.14 for its taxation year in which the particular fiscal period ends, in respect of the share, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.59.14 for its taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers shall be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.59.15; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2005, c. 1, s. 244; 2006, c. 36, s. 160; 2009, c. 15, s. 278.

1029.8.36.59.19. For the purposes of sections 1029.8.36.59.16 to 1029.8.36.59.18, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or partnership, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.59.15, eligible expenses or the share of such expenses of a corporation that is a member of the partnership, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.36.59.13 or 1029.8.36.59.14;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2005, c. 1, s. 244.

1029.8.36.59.20. If, in respect of eligible expenses of a qualified corporation or a qualified partnership, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to eligible construction work or eligible construction and major repair work, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.59.13, the amount of the eligible expenses referred to in the first paragraph of section 1029.8.36.59.13 shall be reduced by the amount of the benefit or advantage relating to the eligible expenses that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the filing-due date of the qualified corporation for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.59.14 by a qualified corporation that is a member of the qualified partnership referred to in that section, the share, referred to in the first paragraph of section 1029.8.36.59.14, of the qualified corporation, for a fiscal period of the partnership that ends in the taxation year, of the amount of the eligible expenses, shall be reduced

i.  by its share, for the fiscal period, of the amount of the benefit or advantage relating to the eligible expenses that the person or partnership, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage relating to the eligible expenses that the qualified corporation or a person with which it does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the share, for a fiscal period of a qualified partnership, of a qualified corporation that is a member of the qualified partnership of the amount of the benefit or advantage that the partnership, or a person referred to in that subparagraph i, has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the qualified corporation for the fiscal period.

2005, c. 1, s. 244; 2006, c. 36, s. 161; 2009, c. 15, s. 279.

DIVISION II.6.5.4

Repealed, 2010, c. 25, s. 139.

2005, c. 1, s. 244; 2010, c. 25, s. 139.

§ 1 . —

Repealed, 2010, c. 25, s. 139.

2005, c. 1, s. 244; 2010, c. 25, s. 139.

1029.8.36.59.21. (Repealed).

2005, c. 1, s. 244; 2005, c. 24, s. 51; 2005, c. 28, s. 195; 2006, c. 13, s. 150; 2010, c. 25, s. 139.

1029.8.36.59.22. (Repealed).

2005, c. 1, s. 244; 2005, c. 23, s. 192; 2009, c. 15, s. 280; 2010, c. 25, s. 139.

1029.8.36.59.23. (Repealed).

2005, c. 1, s. 244; 2010, c. 25, s. 139.

§ 2 . —

Repealed, 2010, c. 25, s. 139.

2005, c. 1, s. 244; 2010, c. 25, s. 139.

1029.8.36.59.24. (Repealed).

2005, c. 1, s. 244; 2010, c. 25, s. 139.

1029.8.36.59.25. (Repealed).

2005, c. 1, s. 244; 2009, c. 15, s. 281; 2010, c. 25, s. 139.

§ 3 . —

Repealed, 2010, c. 25, s. 139.

2005, c. 1, s. 244; 2010, c. 25, s. 139.

1029.8.36.59.26. (Repealed).

2005, c. 1, s. 244; 2009, c. 15, s. 282; 2010, c. 25, s. 139.

1029.8.36.59.27. (Repealed).

2005, c. 1, s. 244; 2006, c. 36, s. 162; 2010, c. 25, s. 139.

1029.8.36.59.28. (Repealed).

2005, c. 1, s. 244; 2006, c. 36, s. 163; 2009, c. 15, s. 283; 2010, c. 25, s. 139.

1029.8.36.59.29. (Repealed).

2005, c. 1, s. 244; 2006, c. 36, s. 164; 2009, c. 15, s. 284; 2010, c. 25, s. 139.

1029.8.36.59.30. (Repealed).

2005, c. 1, s. 244; 2010, c. 25, s. 139.

1029.8.36.59.31. (Repealed).

2005, c. 1, s. 244; 2009, c. 15, s. 285; 2010, c. 25, s. 139.

DIVISION II.6.5.5 CREDIT RELATING TO SHAREHOLDING WORKERS COOPERATIVES

2006, c. 37, s. 40.

1029.8.36.59.32. In this division,

“investment under the plan” has the meaning assigned by the first paragraph of section 1129.12.12;

“qualification certificate” means a qualification certificate issued under section 11 of the Cooperative Investment Plan Act (chapter R-8.1.1);

“qualified cooperative” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“specified percentage” has the meaning assigned by the first paragraph of section 1129.12.12;

“tax credit relating to Part III.2.3” of a qualified cooperative for a particular taxation year means the negative amount determined by the following formula and expressed as a positive number:

30% [A − (B + C)] + D − E;

“transition time” has the meaning assigned by the first paragraph of section 1129.12.12.

In the formula in the definition of “tax credit relating to Part III.2.3” of a qualified cooperative for a particular taxation year, in the first paragraph,

(a)  A is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan Act and under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) and that are outstanding at the end of the particular calendar year, exceeds an amount equal to the result obtained by applying the specified percentage for the year to the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative holds at the end of the particular calendar year;

(b)  B is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation and that are outstanding immediately before the issue to the qualified cooperative of its first qualification certificate, exceeds the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative held immediately before the issue of its first qualification certificate;

(c)  C is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan Act and under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation and that are outstanding at the transition time, up to an amount equal to 165% of the acquisition cost, determined without taking into account the borrowing costs and other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative holds at that time, exceeds an amount equal to 115% of the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative holds at that time;

(d)  D is the aggregate of all amounts each of which is an amount that the qualified cooperative is deemed to have paid to the Minister under this division on account of its tax payable under this Part for a taxation year preceding the particular taxation year;

(e)  E is the aggregate of all amounts each of which is a tax that the qualified cooperative is required to pay under Part III.2.3 for a calendar year preceding the calendar year in which the particular taxation year ends; and

(f)  the result of the addition of the amounts that B and C represent may not be greater than the excess amount determined under subparagraph a.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2006, c. 37, s. 40.

1029.8.36.59.33. A qualified cooperative that is a shareholding workers cooperative, within the meaning of the first paragraph of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1), and that holds a qualification certificate is deemed, subject to the second paragraph, to have paid to the Minister, for a taxation year, on the qualified cooperative’s balance-due day for that year, on account of its tax payable for that year under this Part, an amount equal to its tax credit relating to Part III.2.3 for the year.

For the purpose of computing the payments that a cooperative referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the cooperative is deemed to have paid to the Minister, on account of the aggregate of the cooperative’s tax payable for the year under this Part and of the cooperative’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of the amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2006, c. 37, s. 40.

1029.8.36.59.34. For the purposes of this Part and the regulations, the amount that a qualified cooperative is deemed to have paid to the Minister for a taxation year under section 1029.8.36.59.33 is deemed not to be an amount of assistance or an inducement received by the cooperative from a government.

2006, c. 37, s. 40.

DIVISION II.6.6

Repealed, 1999, c. 83, s. 217.

1997, c. 85, s. 261; 1999, c. 83, s. 217.

§ 1 . —

Repealed, 1999, c. 83, s. 217.

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.60. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.61. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.62. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

§ 2 . —

Repealed, 1999, c. 83, s. 217.

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.63. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.64. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.65. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.66. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.66.1. (Not revised).

1999, c. 83, s. 217(2).

1029.8.36.66.2. (Not revised).

1999, c. 83, s. 217(2).

1029.8.36.67. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.68. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.69. (Repealed).

1997, c. 85, s. 261; 1998, c. 16, s. 232; 1999, c. 83, s. 217.

§ 3 . —

Repealed, 1999, c. 83, s. 217.

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.70. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.71. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

1029.8.36.72. (Repealed).

1997, c. 85, s. 261; 1999, c. 83, s. 217.

DIVISION II.6.6.1 CREDIT FOR JOB CREATION IN THE OPTICS INDUSTRY IN THE QUÉBEC AREA

2001, c. 51, s. 182.

§ 1 . — Definitions and general

2001, c. 51, s. 182.

1029.8.36.72.1. In this division,

“base amount” of a corporation, in relation to a calendar year, means the amount that would be the eligible amount of the corporation for its base period in relation to the calendar year if the reference to a calendar year, in the definition of “eligible amount”, were replaced by a reference to a base period in relation to a calendar year or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.11 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero;

“base period” of a corporation, in relation to a calendar year, means the period within the preceding calendar year during which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was carried on in Québec by the corporation;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in a pay period, within the year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in a pay period, within the year, for which the employee would be an eligible employee of the corporation if the establishment where the employee so reported for work were situated in the Québec area;

“eligible employee” for a pay period within a calendar year means an employee, other than an excluded employee at any time in that period, who, during that period, reports for work at an establishment of the employer situated in the Québec area and who, throughout that period, spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to the manufacturing or, as the case may be, the commercialization of apparatus or equipment related to the optics, photonics or laser sector and that constitutes a business carried on by the employer in the Québec area;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph a of section 1029.8.36.72.7 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.2 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph a of section 1029.8.36.72.7 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.3 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in the Québec area for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph b of section 1029.8.36.72.7 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.4 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.4 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.4 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“excluded employee” at a particular time means an employee of a corporation who, at that time, is a specified shareholder of that corporation or, where the corporation is a cooperative, a specified member of that corporation;

“qualified corporation”, for a calendar year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, other than

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends;

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192; or

(c)  a corporation control of which is acquired at any time in the calendar year or a preceding calendar year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and the Minister of Economic Development, Innovation and Export Trade certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“Québec area” means the Québec Census Metropolitan Area, as described in the 1996 Census Dictionary published by Statistics Canada;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year in respect of which a qualification certificate was issued by the Minister of Economic Development, Innovation and Export Trade, and that is any of the following businesses:

(a)  a business manufacturing and, as the case may be, commercializing apparatus or equipment related to the optics, photonics or laser sector; or

(b)  a business the activities of which are related to a business described in paragraph a;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of apparatus or equipment related to the optics, photonics or laser sector, directors’ fees, premiums, overtime compensation for hours done in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, overtime compensation for hours done in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in the Québec area and at an establishment of the qualified corporation situated outside the Québec area, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the Québec area, or

ii.  to report for work only at the establishment situated outside the Québec area if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside the Québec area; and

(b)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in the Québec area, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of the definition of “eligible amount” in the first paragraph,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside Québec; and

(b)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2001, c. 51, s. 182; 2002, c. 9, s. 89; 2002, c. 40, s. 169; 2003, c. 2, s. 262; 2003, c. 29, s. 135; 2004, c. 21, s. 358; 2005, c. 38, s. 256; 2006, c. 8, s. 31; 2006, c. 13, s. 151.

§ 2 . — Credits

2001, c. 51, s. 182.

1029.8.36.72.2. A qualified corporation for a calendar year after the calendar year 1998 and before the calendar year 2007 that is not associated with any other corporation at the end of the calendar year and that encloses the documents referred to in the second paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  if, in the taxation year, the qualified corporation carries on a recognized business in the Québec area, the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the qualified corporation’s base period in relation to the calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.11 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount in relation to that calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to the recognized business.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2001, c. 51, s. 182; 2003, c. 2, s. 263; 2003, c. 9, s. 285; 2004, c. 21, s. 359; 2005, c. 38, s. 257.

1029.8.36.72.3. A qualified corporation for a calendar year after the calendar year 1998 and before the calendar year 2007 that is associated with one or more other corporations at the end of the calendar year and encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  if, in the taxation year, the qualified corporation carries on a recognized business in the Québec area, subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the qualified corporation’s base period in relation to the calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.11 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero,

ii.  the amount by which the aggregate of the qualified corporation’s eligible amount for the calendar year and the eligible amount for the calendar year of each corporation with which the qualified corporation is associated at the end of the calendar year exceeds the aggregate of the qualified corporation’s base amount in relation to that calendar year and the base amount of each corporation with which the qualified corporation is associated at the end of that calendar year in relation to that calendar year, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount in relation to that calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in subparagraph a of the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the Québec area in the taxation year during which the calendar year ends, the amount determined under subparagraph a shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.4.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to the recognized business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.4 in prescribed form.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2001, c. 51, s. 182; 2002, c. 9, s. 90; 2003, c. 2, s. 264; 2003, c. 9, s. 286; 2004, c. 21, s. 360; 2005, c. 38, s. 258.

1029.8.36.72.4. The agreement to which the second paragraph of section 1029.8.36.72.3 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business in the Québec area and that are associated with each other at the end of that calendar year attribute to one or more of their number, for the purposes of this division, one or more amounts the aggregate of which for the calendar year does not exceed the lesser of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by one such corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in a pay period, within the corporation’s base period in relation to that calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.11 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero; and

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of one such corporation for the calendar year exceeds the aggregate of all amounts each of which is the base amount of one such corporation in relation to that calendar year.

2001, c. 51, s. 182; 2004, c. 21, s. 361.

1029.8.36.72.5. (Repealed).

2001, c. 51, s. 182; 2004, c. 21, s. 362.

1029.8.36.72.6. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under paragraph a or b of section 1029.8.36.72.4, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.3, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2001, c. 51, s. 182; 2004, c. 21, s. 363.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2001, c. 51, s. 182; 2006, c. 13, s. 152.

1029.8.36.72.7. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.72.2 or 1029.8.36.72.3, the following rules apply:

(a)  the amount of the salaries or wages referred to in the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.1, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.2 or subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.3 paid by the corporation and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.3 paid by a corporation associated with the qualified corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.4 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

2001, c. 51, s. 182; 2002, c. 9, s. 91; 2002, c. 40, s. 170; 2006, c. 13, s. 153.

1029.8.36.72.8. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in paragraph a of section 1029.8.36.72.7, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.2 or 1029.8.36.72.3, or

ii.  in the case of assistance referred to in paragraph b of section 1029.8.36.72.7, the excess amount referred to in paragraph a of section 1029.8.36.72.4 determined, in respect of a calendar year in relation to all of the qualified corporations carrying on a recognized business in the Québec area and that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2001, c. 51, s. 182; 2002, c. 40, s. 171; 2004, c. 21, s. 364.

1029.8.36.72.9. For the purposes of this division, the following rules apply to a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which is referred to in this section as a “predecessor corporation” :

(a)  if the new corporation has a base period, in relation to a calendar year, of less than 365 days, its base period, otherwise determined in relation to the calendar year, is deemed to include the period of the preceding calendar year, in this section referred to as the “preceding period”, commencing on the day on which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was first carried on in Québec by one of the predecessor corporations, and ending immediately before the amalgamation; and

(b)  for the purpose of determining the amount that the new corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year ends, the new corporation is deemed to have paid, in the preceding period, the aggregate of all amounts each of which is the salary or wages paid by a predecessor corporation to an employee in a pay period within the preceding period for which the employee

i.  is an eligible employee of the predecessor corporation, or

ii.  if the employee reports for work at an establishment of the predecessor corporation situated in Québec, would be an eligible employee of the predecessor corporation if the establishment where the employee so reported for work had been situated in the Québec area.

For the purposes of this section, a predecessor corporation includes any corporation in respect of which the predecessor corporation was a new corporation.

2001, c. 51, s. 182; 2002, c. 40, s. 172; 2004, c. 21, s. 365.

1029.8.36.72.10. For the purposes of this division, where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, within the meaning of section 556, the following rules apply:

(a)  if the parent corporation, within the meaning of section 556, has a base period, in relation to a calendar year, of less than 365 days, its base period, otherwise determined in relation to the calendar year, is deemed to include the period of the preceding calendar year, in this section referred to as the “preceding period”, commencing on the day on which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was first carried on in Québec by the subsidiary, and ending immediately before the beginning of the parent corporation’s base period otherwise determined; and

(b)  for the purpose of determining the amount that the parent corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year ends, the parent corporation is deemed to have paid, in the preceding period, the aggregate of all amounts each of which is the salary or wages paid by the subsidiary to an employee in a pay period within the preceding period for which the employee

i.  is an eligible employee of the subsidiary, or

ii.  if the employee reports for work at an establishment of the subsidiary situated in Québec, would be an eligible employee of the subsidiary if the establishment where the employee so reported for work had been situated in the Québec area.

2001, c. 51, s. 182; 2002, c. 40, s. 173; 2004, c. 21, s. 366.

1029.8.36.72.11. Subject to sections 1029.8.36.72.9 and 1029.8.36.72.10, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business that would be a recognized business if a qualification certificate had been issued in its respect, diminish or cease, and where it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after that time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the particular calendar year ends and for the taxation year in which the following calendar year ends:

(a)  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within its base period in relation to the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period, within its base period in relation to the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area, is deemed to be equal to the amount by which the aggregate otherwise determined exceeds the amount determined by the formula

A × B × C;

(b)  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period of the particular calendar year preceding the particular time for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period of the particular calendar year preceding the particular time for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area, is deemed, for the purpose of determining the amount that the vendor is deemed to have paid to the Minister under this division for the taxation year in which the calendar year following the particular calendar year ends, to be equal to the amount by which the aggregate otherwise determined exceeds the amount determined by the formula

B × D; and

(c)  the purchaser is deemed

i.  to have an eligible amount for the particular calendar year equal to the aggregate of its eligible amount for the year otherwise determined and the amount that is that proportion of the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period, within the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area, to the extent that the employee may reasonably be considered to have been assigned to the carrying on of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year that precede the particular time is of the number of days in the particular calendar year that precede the particular time and during which the vendor carried on those activities, and

ii.  to have a base amount in relation to the particular calendar year equal to the aggregate of

(1)  the base amount of the purchaser otherwise determined in relation to the particular calendar year,

(2)  the amount that is that proportion of the salary or wages paid by the vendor to an employee in a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period, within the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year that precede the particular time is of the number of days in the particular calendar year that precede the particular time and during which the vendor carried on those activities, and

(3)  the aggregate of all amounts each of which is the salary or wages paid by the purchaser to an employee in a pay period of the particular calendar year and after the particular time, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that were paid by the purchaser in a pay period of the particular calendar year and after the particular time, for which the employee would be an eligible employee of the purchaser if the establishment where the employee so reported for work were situated in the Québec area, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within its base period for the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period within its base period in relation to the particular calendar year for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area;

(b)  B is the proportion that the number of the vendor’s employees referred to in subparagraph a who are assigned to the part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time;

(c)  C, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, is the proportion that the number of days in the particular calendar year following the particular time is of 365; and

(d)  D is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period of the particular calendar year preceding the particular time for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that were paid by the vendor in a pay period of the particular calendar year preceding the particular time for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Québec area.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

For the purposes of this section, where a corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, that corporation is a vendor in relation to part of those activities, the following rules apply for the purpose of determining the eligible amount of the corporation for the year and its base amount in relation to that year:

(a)  the corporation’s employees are deemed to have been paid by the corporation only the portion of the salaries or wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the corporation continues to carry on after that subsequent time; and

(b)  the person’s or partnership’s employees are deemed to have been paid by the person or partnership only the portion of the salaries or wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the corporation continues to carry on after that subsequent time.

2001, c. 51, s. 182; 2002, c. 40, s. 174; 2004, c. 21, s. 367.

1029.8.36.72.12. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of the corporation ends in relation to a calendar year, in respect of a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of paragraph a or b of section 1029.8.36.72.7, as the case may be, the amount of the salaries or wages paid by the corporation in its base period, in relation to the business, so as to cause the corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be zero.

2001, c. 51, s. 182.

1029.8.36.72.13. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2001, c. 51, s. 182.

1029.8.36.72.14. (Repealed).

2001, c. 51, s. 182; 2003, c. 29, s. 135; 2005, c. 1, s. 245.

DIVISION II.6.6.2 CREDIT FOR JOB CREATION IN THE ALUMINUM INDUSTRY IN THE SAGUENAY–LAC-SAINT-JEAN AREA

2001, c. 51, s. 182.

§ 1 . — Definitions and general

2001, c. 51, s. 182.

1029.8.36.72.15. In this division,

“base amount” of a corporation, in relation to a particular recognized business, means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” ; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on the particular recognized business, in respect of a period within its base period, in relation to the particular recognized business for which the employee was an eligible employee of the corporation or would have been an eligible employee of the corporation if the establishment where the employee so reported had been situated in the Saguenay–Lac-Saint-Jean area, or

ii.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on any given business that is not a recognized business, in respect of a period within its base period, in relation to the particular recognized business for which the employee would have been an eligible employee of the corporation if the given business had been a recognized business of the corporation and if, in the event that the establishment of the corporation where the employee so reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee so reported had been situated in the Saguenay–Lac-Saint-Jean area, unless an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business;

“base period” of a corporation, in relation to a recognized business, means the calendar year preceding the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the period that begins on 1 January of the first calendar year in respect of which the corporation obtains its qualification certificate in relation to the recognized business and that ends on 31 December 2002;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a period within the year for which the employee is an eligible employee, in relation to a recognized business of the corporation; or

(b)  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in respect of a period within the year for which the employee would be an eligible employee of the corporation if the establishment where the employee so reported for work had been situated in the Saguenay–Lac-Saint-Jean area;

“eligible employee” of a corporation for a period within a calendar year, in relation to a recognized business of the corporation, means an employee who, during that period, reports for work at an establishment of the corporation situated in the Saguenay–Lac-Saint-Jean area and who, throughout that period, spends, when at work, at least 75% of the time undertaking, supervising or supporting, in the course of the carrying on by the corporation of the recognized business or another recognized business of the corporation in the year, work that is related to activities described in the qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of such a recognized business and that consists in

(a)  work that is directly related to the manufacturing or, as the case may be, the commercialization of finished or semi-finished products made from aluminum having already undergone primary processing or of specialized equipment for businesses producing or processing aluminum;

(b)  work that is directly related to design work or engineering work in relation to the manufacturing of finished or semi-finished products made from aluminum having already undergone primary processing or of specialized equipment for businesses producing or processing aluminum; or

(c)  work that is directly related to reclamation and recycling of waste and residues from the processing of aluminum;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.16 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.16 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.17 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in the Saguenay–Lac-Saint-Jean area, for its taxation year in which the preceding calendar year ended, the amount by which the amount would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.18 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.18 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and the amount determined in accordance with that section 1029.8.36.72.18 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“qualified corporation”, for a calendar year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, other than

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends; or

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year and in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division certifying that its activities are

(a)  the manufacturing and, as the case may be, the commercialization of finished or semi-finished products made from aluminum which has already undergone primary processing;

(b)  the manufacturing and, as the case may be, the commercialization of specialized equipment for businesses producing or processing aluminum; or

(c)  the reclamation and recycling of waste and residues from the processing of aluminum;

“Saguenay–Lac-Saint-Jean area” means the Saguenay–Lac-Saint-Jean administrative region;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of the activities or products of a business described in any of paragraphs a to c of the definition of “recognized business”, directors’ fees, premiums, overtime compensation for hours done in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, overtime compensation for hours done in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III.

Except where section 1029.8.36.72.23 or 1029.8.36.72.24 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec, and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business previously carried on by another corporation, the eligibility period of the corporation in relation to the recognized business is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in the Saguenay–Lac-Saint-Jean area and at an establishment of the qualified corporation situated outside the Saguenay–Lac-Saint-Jean area, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the Saguenay–Lac-Saint-Jean area, or

ii.  to report for work only at the establishment situated outside the Saguenay–Lac-Saint-Jean area if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside the Saguenay–Lac-Saint-Jean area;

(a.1)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside Québec; and

(b)  where, during a period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of the definition of “recognized business” in the first paragraph,

(a)  manufacturing activities carried on outside the Saguenay–Lac-Saint-Jean area do not constitute activities of a recognized business;

(b)  the installation by a corporation of a product or specialized equipment described in the definition of “recognized business” constitutes an activity of a recognized business where the product or specialized equipment is the result of the manufacturing activity carried on by the corporation or a corporation with which it is associated; and

(c)  a corporation is deemed to carry on in a taxation year a business described in paragraph a or b of that definition, where

i.  in the year, the corporation causes to be carried on on its behalf activities relating to the manufacturing of finished or semi-finished products made from aluminum having already undergone primary processing, or activities relating to the manufacturing of specialized equipment for businesses producing or processing aluminum, in this subparagraph referred to as “particular activities”, and

ii.  in the year, the corporation carries on design work and engineering work in relation to the particular activities.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

Where Investissement Québec cancels, at the request of a corporation, a qualification certificate issued to the corporation, in relation to a recognized business, the certificate so cancelled is not a revoked certificate for the purposes of Part III.10.1.3.

2001, c. 51, s. 182; 2001, c. 69, s. 12; 2002, c. 9, s. 92; 2002, c. 40, s. 175; 2003, c. 2, s. 265; 2003, c. 9, s. 287; 2004, c. 21, s. 368; 2005, c. 23, s. 193; 2005, c. 38, s. 259.

§ 2 . — Credits

2001, c. 51, s. 182.

1029.8.36.72.16. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.15, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year;

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the first paragraph applies to the taxation year that includes the end of the calendar year 2001 or 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 1999 or 2000, or where it applies to the taxation year that includes the end of the calendar year 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to a recognized business.

2001, c. 51, s. 182; 2002, c. 40, s. 176; 2003, c. 2, s. 266; 2003, c. 9, s. 288; 2004, c. 21, s. 369; 2005, c. 38, s. 260.

1029.8.36.72.17. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and encloses the documents referred to in the fifth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.15, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the calendar year for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, unless an amount is included, in respect of the employee, in relation to the other corporation, in computing the amount determined for the calendar year under this subparagraph 2 in relation to another recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in subparagraph a of the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the Saguenay–Lac-Saint-Jean area in the taxation year during which the calendar year ends, the amount determined under subparagraph a shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.18.

Where the first paragraph applies to the taxation year that includes the end of the calendar year 2001 or 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 1999 or 2000, or where it applies to the taxation year that includes the end of the calendar year 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph or subparagraph 2 of subparagraph ii of that subparagraph a, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to a recognized business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.18 filed in prescribed form.

2001, c. 51, s. 182; 2002, c. 9, s. 93; 2002, c. 40, s. 177; 2003, c. 2, s. 267; 2003, c. 9, s. 289; 2004, c. 21, s. 370; 2005, c. 38, s. 261.

1029.8.36.72.18. The agreement to which the second paragraph of section 1029.8.36.72.17 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of the calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a period within the calendar year for which the employee is an eligible employee of the corporation, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business it carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.15, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in a period within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee is an eligible employee of the corporation in relation to the recognized business;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business it carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the salary or wages paid by another qualified corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the calendar year for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business it carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid by the other corporation in respect of a period within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business it carries on in the calendar year for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group of associated corporations.

However, for the purposes of the first paragraph, where the calendar year referred to in the first paragraph is the calendar year 2001 or 2002 and the base period of the qualified corporation that is a member of the group of associated corporations, in relation to the recognized business, is the calendar year 1999 or 2000, or where that calendar year is the calendar year 2002 and the base period of the qualified corporation that is a member of the group of associated corporations, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph ii of subparagraph a or c of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

2001, c. 51, s. 182; 2003, c. 9, s. 290; 2004, c. 21, s. 371.

1029.8.36.72.19. (Repealed).

2001, c. 51, s. 182; 2002, c. 40, s. 178.

1029.8.36.72.20. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.18, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.17, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2001, c. 51, s. 182; 2003, c. 9, s. 291; 2004, c. 21, s. 372.

§ 3 . — Government assistance, non-government assistance and other particulars

2001, c. 51, s. 182.

1029.8.36.72.21. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.72.16 or 1029.8.36.72.17, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.15, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.16 or subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.17 and paid by the corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.17 and paid by a corporation associated with the corporation shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of salaries or wages referred to in subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.18 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of salaries or wages referred to in subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a period within the qualified corporation’s base period in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of all amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the corporation, in relation to the recognized business, in respect of the calendar year ending in its particular taxation year.

2001, c. 51, s. 182; 2002, c. 9, s. 94; 2002, c. 40, s. 179; 2003, c. 9, s. 292.

1029.8.36.72.22. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.21, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.16 or 1029.8.36.72.17, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.21, the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.18 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2001, c. 51, s. 182; 2002, c. 40, s. 180; 2003, c. 9, s. 293; 2004, c. 21, s. 373.

1029.8.36.72.23. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2001, c. 51, s. 182; 2002, c. 40, s. 181; 2003, c. 9, s. 294.

1029.8.36.72.24. Where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, within the meaning of section 556, and the parent corporation, within the meaning of section 556, carries on after the winding-up a business carried on before the winding-up by the subsidiary, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which the calendar year in which the winding-up occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the parent corporation carried on after the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the winding-up and a recognized business carried on by the subsidiary immediately before the winding-up, each recognized business so carried on before the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the winding-up.

2001, c. 51, s. 182; 2002, c. 40, s. 182; 2003, c. 9, s. 295.

1029.8.36.72.25. Subject to sections 1029.8.36.72.23 and 1029.8.36.72.24, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business the activities of which are described in any of paragraphs a to c of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.15, diminish or cease and it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, in relation to a particular recognized business, for the taxation year in which the particular calendar year ends and for the taxation year in which a subsequent calendar year ends:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period in relation to the particular recognized business for which the employee is an eligible employee, is deemed to be equal to the amount by which the amount otherwise determined exceeds the amount determined by the formula

A × C × D, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which the amount otherwise determined, without reference to subparagraph i, exceeds the amount determined by the formula

B × C × D;

(b)  if the vendor was not carrying on a recognized business before the particular time and the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.16 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.17, as the case may be, is deemed to be equal to the amount by which the amount determined, without reference to this subparagraph, exceeds the amount determined by the formula

B × C × D;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.16, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.17 or in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.18, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a period within the particular calendar year for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a period within the particular calendar year for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount, otherwise determined, without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year, otherwise determined, without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the purchaser does not carry on a recognized business after the particular time and the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

ii.  in respect of the particular calendar year, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period, in relation to the particular recognized business for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that the vendor paid in respect of a period, within the base period, in relation to the particular recognized business, for which the employee was an eligible employee of the vendor or would have been an eligible employee of the vendor if the employee’s work had been related to activities of a recognized business of the vendor or if, in the event that the establishment of the vendor where the employee so reported for work was not situated in the Saguenay–Lac-Saint-Jean area, the establishment where the employee reported for work had been situated in the Saguenay–Lac-Saint-Jean area, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(c)  C is the proportion that the number of the vendor’s employees referred to in subparagraph a or b, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(d)  D, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, is the proportion that the number of days in the particular calendar year following the particular time is of 365 and, in any other case, 1.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2001, c. 51, s. 182; 2002, c. 40, s. 183; 2003, c. 9, s. 296; 2004, c. 21, s. 374.

1029.8.36.72.26. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of a particular corporation ends in relation to a recognized business it carries on, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.21, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be zero.

2001, c. 51, s. 182; 2002, c. 40, s. 184; 2003, c. 9, s. 297.

1029.8.36.72.27. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2001, c. 51, s. 182.

1029.8.36.72.28. (Repealed).

2001, c. 51, s. 182; 2001, c. 69, s. 12; 2002, c. 40, s. 185; 2003, c. 9, s. 298; 2005, c. 1, s. 245.

DIVISION II.6.6.3 CREDIT FOR JOB CREATION IN THE MANUFACTURING OR ENVIRONMENTAL SECTOR IN THE ANGUS TECHNOPOLE

2001, c. 51, s. 182.

§ 1 . — Definitions and general

2001, c. 51, s. 182.

1029.8.36.72.29. In this division,

“Angus Technopole” means a site situated in the territory of Ville de Montréal and determined by the Minister of Finance to be the Angus Technopole;

“base amount” of a corporation, in relation to a calendar year, means the amount that would be the eligible amount of the corporation for its base period in relation to the calendar year if the reference to a calendar year, in the definition of “eligible amount”, were replaced by a reference to a base period in relation to a calendar year or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.39 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero;

“base period” of a corporation, in relation to a calendar year, means the period within the preceding calendar year during which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was carried on in Québec by the corporation;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in a pay period, within the year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec that were paid by the corporation in a pay period, within the year, for which the employee would be an eligible employee of the corporation if the establishment where the employee so reported for work were situated in the Angus Technopole;

“eligible employee” for a pay period within a calendar year means an employee, other than an excluded employee at any time in that period, who, during that period, reports for work at an establishment of the employer situated in the Angus Technopole and who, throughout that period, spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to manufacturing, recycling or site purification and decontamination activities, or, as the case may be, the commercialization of products or services resulting therefrom and that constitutes a business carried on by the employer in the Angus Technopole;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph a of section 1029.8.36.72.35 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.30 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.30 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph a of section 1029.8.36.72.35 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.31 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in the Angus Technopole for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of paragraph b of section 1029.8.36.72.35 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.32 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.32 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.32 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“excluded employee” at a particular time means an employee of a corporation who, at that time, is a specified shareholder of that corporation or, where the corporation is a cooperative, a specified member of that corporation;

“qualified corporation”, for a calendar year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, other than

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends;

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192; or

(c)  a corporation control of which is acquired at any time in the calendar year or a preceding calendar year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“recognized business” of a corporation for a taxation year means a manufacturing business or a manufacturing and commercializing business in the manufacturing or environmental sector carried on by the corporation in the year and in respect of which a qualification certificate was issued by Investissement Québec;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of goods or services resulting from manufacturing, recycling or site purification and decontamination activities, directors’ fees, premiums, overtime compensation for hours done in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, overtime compensation for hours done in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in the Angus Technopole and at an establishment of the qualified corporation situated outside the Angus Technopole, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the Angus Technopole, or

ii.  to report for work only at the establishment situated outside the Angus Technopole if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside the Angus Technopole; and

(b)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in the Angus Technopole, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of the definition of “eligible amount” in the first paragraph,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the corporation situated outside Québec; and

(b)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2001, c. 51, s. 182; 2001, c. 69, s. 12; 2002, c. 9, s. 95; 2002, c. 40, s. 186; 2003, c. 2, s. 268; 2004, c. 21, s. 375; 2005, c. 38, s. 262; 2006, c. 13, s. 154.

§ 2 . — Credits

2001, c. 51, s. 182.

1029.8.36.72.30. A qualified corporation for a calendar year after the calendar year 1999 and before the calendar year 2007 that is not associated with any other corporation at the end of the calendar year and that encloses the documents referred to in the second paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  if, in the taxation year, the qualified corporation carries on a recognized business in the Angus Technopole, the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the qualified corporation’s base period in relation to the calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.39 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount in relation to that calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to the recognized business.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2001, c. 51, s. 182; 2003, c. 2, s. 269; 2003, c. 9, s. 299; 2004, c. 21, s. 376; 2005, c. 38, s. 263.

1029.8.36.72.31. A qualified corporation for a calendar year after the calendar year 1999 and before the calendar year 2007 that is associated with one or more other corporations at the end of the calendar year and encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  if, in the taxation year, the qualified corporation carries on a recognized business in the Angus Technopole, subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in a pay period, within the qualified corporation’s base period in relation to the calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.39 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero,

ii.  the amount by which the aggregate of the qualified corporation’s eligible amount for the calendar year and the eligible amount for the calendar year of each corporation with which the qualified corporation is associated at the end of the calendar year exceeds the aggregate of the qualified corporation’s base amount in relation to that calendar year and the base amount of each corporation with which the qualified corporation is associated at the end of that calendar year in relation to that calendar year, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount in relation to that calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in subparagraph a of the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the Angus Technopole in the taxation year during which the calendar year ends, the amount determined under subparagraph a shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.32.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to the recognized business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.32 in prescribed form.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2001, c. 51, s. 182; 2002, c. 9, s. 96; 2003, c. 2, s. 270; 2003, c. 9, s. 300; 2004, c. 21, s. 377; 2005, c. 38, s. 264.

1029.8.36.72.32. The agreement to which the second paragraph of section 1029.8.36.72.31 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business in the Angus Technopole and that are associated with each other at the end of that calendar year attribute to one or more of their number, for the purposes of this division, one or more amounts the aggregate of which for the calendar year does not exceed the lesser of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by one such corporation to an employee in a pay period, within the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in a pay period, within the corporation’s base period in relation to that calendar year, for which the employee is an eligible employee or, where the calendar year, except in the case of a corporation that results from an amalgamation or a corporation to which section 1029.8.36.72.39 applies in relation to the calendar year, ends in the first taxation year of the corporation, an amount equal to zero; and

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of one such corporation for the calendar year exceeds the aggregate of all amounts each of which is the base amount of one such corporation in relation to that calendar year.

2001, c. 51, s. 182; 2004, c. 21, s. 378.

1029.8.36.72.33. (Repealed).

2001, c. 51, s. 182; 2004, c. 21, s. 379.

1029.8.36.72.34. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under paragraph a or b of section 1029.8.36.72.32, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.31, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2001, c. 51, s. 182; 2004, c. 21, s. 380.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2001, c. 51, s. 182; 2006, c. 13, s. 155.

1029.8.36.72.35. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.72.30 or 1029.8.36.72.31, the following rules apply:

(a)  the amount of the salaries or wages referred to in the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.29, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.30 or subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.31 paid by the corporation and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.31 paid by a corporation associated with the corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.32 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

2001, c. 51, s. 182; 2002, c. 9, s. 97; 2002, c. 40, s. 187; 2006, c. 13, s. 156.

1029.8.36.72.36. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in paragraph a of section 1029.8.36.72.35, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.30 or 1029.8.36.72.31, or

ii.  in the case of assistance referred to in paragraph b of section 1029.8.36.72.35, the excess amount referred to in paragraph a of section 1029.8.36.72.32 determined, in respect of a calendar year in relation to all of the qualified corporations carrying on a recognized business in the Angus Technopole and that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2001, c. 51, s. 182; 2002, c. 40, s. 188; 2004, c. 21, s. 381.

1029.8.36.72.37. For the purposes of this division, the following rules apply to a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which is referred to in this section as a “predecessor corporation” :

(a)  if the new corporation has a base period, in relation to a calendar year, of less than 365 days, its base period, otherwise determined in relation to the calendar year, is deemed to include the period of the preceding calendar year, in this section referred to as the “preceding period”, commencing on the day on which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was first carried on in Québec by one of the predecessor corporations, and ending immediately before the amalgamation; and

(b)  for the purpose of determining the amount that the new corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year ends, the new corporation is deemed to have paid, in the preceding period, the aggregate of all amounts each of which is the salary or wages paid by a predecessor corporation to an employee in a pay period, within the preceding period, for which the employee

i.  is an eligible employee of the predecessor corporation, or

ii.  if the employee reports for work at an establishment of the predecessor corporation situated in Québec, would be an eligible employee of the predecessor corporation if the establishment where the employee so reported for work had been situated in the Angus Technopole.

For the purposes of this section, a predecessor corporation includes any corporation in respect of which the predecessor corporation was a new corporation.

2001, c. 51, s. 182; 2002, c. 40, s. 189; 2004, c. 21, s. 382.

1029.8.36.72.38. For the purposes of this division, where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, within the meaning of section 556, the following rules apply:

(a)  if the parent corporation, within the meaning of section 556, has a base period, in relation to a calendar year, of less than 365 days, its base period, otherwise determined in relation to the calendar year, is deemed to include the period of the preceding calendar year, in this section referred to as the “preceding period”, commencing on the day on which a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, was first carried on in Québec by the subsidiary, and ending immediately before the beginning of the parent corporation’s base period otherwise determined; and

(b)  for the purpose of determining the amount that the parent corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year ends, the parent corporation is deemed to have paid, in the preceding period, the aggregate of all amounts each of which is the salary or wages paid by the subsidiary to an employee in a pay period, within the preceding period, for which the employee

i.  is an eligible employee of the subsidiary, or

ii.  if the employee reports for work at an establishment of the subsidiary situated in Québec, would be an eligible employee of the subsidiary if the establishment where the employee so reported for work had been situated in the Angus Technopole.

2001, c. 51, s. 182; 2002, c. 40, s. 190; 2004, c. 21, s. 383.

1029.8.36.72.39. Subject to sections 1029.8.36.72.37 and 1029.8.36.72.38, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business that would be a recognized business if a qualification certificate had been issued in its respect, diminish or cease, and where it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after that time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the particular calendar year ends and for the taxation year in which the following calendar year ends:

(a)  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within the vendor’s base period in relation to the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period, within the vendor’s base period in relation to the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole, is deemed to be equal to the amount by which the aggregate otherwise determined exceeds the amount determined by the formula

A × B × C;

(b)  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period of the particular calendar year preceding the particular time for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period of the particular calendar year preceding the particular time for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole, is deemed, for the purpose of determining the amount that the vendor is deemed to have paid to the Minister under this division for the taxation year in which the calendar year following the particular calendar year ends, to be equal to the amount by which the aggregate otherwise determined exceeds the amount determined by the formula

B × D; and

(c)  the purchaser is deemed

i.  to have an eligible amount for the particular calendar year equal to the aggregate of its eligible amount for the year otherwise determined and the amount that is that proportion of the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period, within the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole, to the extent that the employee may reasonably be considered to have been assigned to the carrying on of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year that precede the particular time is of the number of days in the particular calendar year that precede the particular time and during which the vendor carried on those activities, and

ii.  to have a base amount in relation to the particular calendar year equal to the aggregate of

(1)  the base amount of the purchaser otherwise determined in relation to the particular calendar year,

(2)  the amount that is that proportion of the salary or wages paid by the vendor to an employee in a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period, within the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that diminished or ceased at the particular time, that the number of days in the particular calendar year that precede the particular time is of the number of days in the particular calendar year that precede the particular time and during which the vendor carried on those activities, and

(3)  the aggregate of all amounts each of which is the salary or wages paid by the purchaser to an employee in a pay period of the particular calendar year and after the particular time, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec, that were paid by the purchaser in a pay period of the particular calendar year and after the particular time, for which the employee would be an eligible employee of the purchaser if the establishment where the employee so reported for work were situated in the Angus Technopole, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period, within the vendor’s base period for the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period, within the vendor’s base period in relation to the particular calendar year, for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole;

(b)  B is the proportion that the number of the vendor’s employees referred to in subparagraph a who are assigned to the part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time;

(c)  C, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, is the proportion that the number of days in the particular calendar year following the particular time is of 365; and

(d)  D is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in a pay period of the particular calendar year preceding the particular time for which the employee is an eligible employee, or the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec, that were paid by the vendor in a pay period of the particular calendar year preceding the particular time for which the employee would be an eligible employee of the vendor if the establishment where the employee so reported for work were situated in the Angus Technopole

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

For the purposes of this section, where a corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, that corporation is a vendor in relation to part of those activities, the following rules apply for the purpose of determining the eligible amount of the corporation for the year and its base amount in relation to that year:

(a)  the corporation’s employees are deemed to have been paid by the corporation only the portion of the salaries or wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the corporation continues to carry on after that subsequent time; and

(b)  the person’s or partnership’s employees are deemed to have been paid by the person or partnership only the portion of the salaries or wages that may reasonably be considered to have been paid to the employees assigned to the part of the activities that the corporation continues to carry on after that subsequent time.

2001, c. 51, s. 182; 2002, c. 40, s. 191; 2004, c. 21, s. 384.

1029.8.36.72.40. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of the corporation ends in relation to a calendar year, in respect of a recognized business, or a business that would have been a recognized business if a qualification certificate had been issued in its respect, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of paragraph a or b of section 1029.8.36.72.35, as the case may be, the amount of the salaries or wages paid by the corporation in its base period, in relation to the business, so as to cause the corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be zero.

2001, c. 51, s. 182.

1029.8.36.72.41. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2001, c. 51, s. 182.

1029.8.36.72.42. (Repealed).

2001, c. 51, s. 182; 2001, c. 69, s. 12; 2005, c. 1, s. 245.

DIVISION II.6.6.4 CREDIT FOR JOB CREATION IN THE GASPÉSIE REGION AND IN CERTAIN MARITIME REGIONS OF QUÉBEC

2002, c. 9, s. 98.

§ 1 . — Definitions and general

2002, c. 9, s. 98.

1029.8.36.72.43. In this division,

“base amount” of a corporation, in relation to a particular recognized business, means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to f of the definition of “recognized business” ; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on that particular recognized business, in respect of a period within its base period, in relation to the particular recognized business, for which the employee was an eligible employee or would have been an eligible employee of the corporation if the establishment where the employee so reported had been situated in an eligible region, or

ii.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on any given business that is not a recognized business, in respect of a period within its base period, in relation to the particular recognized business, for which the employee would have been an eligible employee of the corporation if the given business had been a recognized business of the corporation and if, in the event that the establishment of the corporation where the employee so reported for work was not situated in an eligible region, the establishment where the employee so reported had been situated in an eligible region, unless an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business;

“base period” of a corporation, in relation to a recognized business, means the calendar year that precedes the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the period that begins on 1 January of the first calendar year in respect of which the corporation obtains its qualification certificate in relation to the recognized business and that ends on 31 December 2002;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a period within the year for which the employee is an eligible employee, in relation to a recognized business of the corporation; or

(b)  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec that were paid by the corporation in respect of a period within the year for which the employee would be an eligible employee of the corporation if the establishment where the employee so reported for work had been situated in an eligible region;

“eligible employee” of a corporation for a period within a calendar year, in relation to a recognized business of the corporation, means an employee who, during that period, reports for work at an establishment of the corporation situated in an eligible region and who, throughout that period, spends, when at work, at least 75% of the time undertaking, supervising or supporting, in the course of the carrying on by the corporation of the recognized business or another recognized business of the corporation in the year, work that is directly related to activities described in any of paragraphs a to f of the definition of “recognized business” and in the qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of such a recognized business;

“eligible region” means

(a)  in respect of a business described in paragraph a of the definition of “recognized business”, or in paragraph f of that definition in relation to a business the activities of which are related to a business described in that paragraph a, the Municipalité régionale de comté de Matane or one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1):

i.  administrative region 11 Gaspésie–Îles-de-la-Madeleine,

ii.  administrative region 09 Côte-Nord;

(a.1)  in respect of a business described in paragraph b of the definition of “recognized business”, or in paragraph f of that definition in relation to a business the activities of which are related to a business described in that paragraph b, the administrative region 01 Bas-Saint-Laurent and the administrative regions described in subparagraphs i and ii of paragraph a;

(b)  in respect of a business described in any of paragraphs c and d of the definition of “recognized business”, or in paragraph f of that definition in relation to a business the activities of which are related to any of the businesses described in paragraphs c and d, the Municipalité régionale de comté de Matane or the administrative region described in subparagraph i of paragraph a; and

(c)  in respect of a business described in paragraph e of the definition of “recognized business”, or in paragraph f of that definition in relation to a business the activities of which are related to a business described in that paragraph e, one of the administrative regions described in subparagraphs i and ii of paragraph a;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the qualified corporation to an employee for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.44 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.44 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.45 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in an eligible region for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.46 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.46 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and the amount determined pursuant to that section 1029.8.36.72.46 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends; or

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year and in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division certifying that its activities are

(a)  the processing and, as the case may be, the commercialization of marine products;

(b)  the manufacturing, processing and, as the case may be, the commercialization of finished or semi-finished products in the field of marine biotechnology;

(c)  the manufacturing and, as the case may be, the commercialization of wind turbines or specialized equipment for the production of wind power;

(d)  the production of wind power;

(e)  mariculture or the manufacturing of specialized equipment for mariculture and, as the case may be, the commercialization of such activities; or

(f)  activities related to the activities described in paragraphs a to e;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of the activities or products of a business described in any of paragraphs a to f of the definition of “recognized business”, directors’ fees, premiums, compensation for hours worked in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III.

Except where section 1029.8.36.72.50 or 1029.8.36.72.51 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec, and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business previously carried on by another corporation, the eligibility period of the corporation in relation to the recognized business is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in an eligible region and at an establishment of the qualified corporation situated outside the eligible region, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the eligible region, or

ii.  to report for work only at the establishment situated outside the eligible region if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the eligible region;

(a.1)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(b)  where, during a period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of the definition of “recognized business” in the first paragraph,

(a)  the following activities do not constitute activities of a recognized business:

i.  food manufacturing or processing activities carried on in restaurants, hotels, shopping centres, supermarkets, grocery stores or other similar establishments, and

ii.  manufacturing or processing activities carried on outside an eligible region; and

(b)  the installation by a corporation of a product or specialized equipment referred to in the definition of “recognized business” constitutes an activity of a recognized business, where the product or specialized equipment is the result of the manufacturing or processing activity carried on by the corporation or a corporation with which it is associated.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

Where Investissement Québec cancels, at the request of a corporation, a qualification certificate issued to the corporation, in relation to a recognized business, the certificate so cancelled is not a revoked certificate for the purposes of Part III.10.1.5.

2002, c. 9, s. 98; 2002, c. 40, s. 192; 2003, c. 9, s. 301; 2004, c. 21, s. 385; 2005, c. 23, s. 194.

§ 2 . — Credits

2002, c. 9, s. 98.

1029.8.36.72.44. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to f of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the first paragraph applies to the taxation year that includes the end of the calendar year 2001 or 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 1999 or 2000, or where it applies to the taxation year that includes the end of the calendar year 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of 

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to a recognized business.

2002, c. 9, s. 98; 2002, c. 40, s. 193; 2003, c. 9, s. 302; 2004, c. 21, s. 386; 2005, c. 38, s. 265.

1029.8.36.72.45. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fifth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business carried on by the qualified corporation in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to f of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the calendar year for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, unless an amount is included, in respect of the employee, in relation to the other corporation, in computing an amount determined for the calendar year under this subparagraph 2 in relation to another recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in subparagraph a of the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in an eligible region in the taxation year in which the calendar year ends, the amount determined under subparagraph a shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.46.

Where the first paragraph applies to the taxation year that includes the end of the calendar year 2001 or 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 1999 or 2000, or where it applies to the taxation year that includes the end of the calendar year 2002 and the base period of the corporation, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph or subparagraph 2 of subparagraph ii of that subparagraph a, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation for the taxation year in relation to a recognized business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.46 filed in prescribed form.

2002, c. 9, s. 98; 2002, c. 40, s. 194; 2003, c. 9, s. 303; 2004, c. 21, s. 387; 2005, c. 38, s. 266.

1029.8.36.72.46. The agreement to which the second paragraph of section 1029.8.36.72.45 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a period within the calendar year for which the employee is an eligible employee of the corporation, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business it carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to f of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in a period within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee is an eligible employee of the corporation in relation to the recognized business;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business it carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the salary or wages paid by another qualified corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period within the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business it carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid by the other corporation in respect of a period within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business it carries on in the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph ii, in relation to a period within a base period in relation to another recognized business that is carried on by a qualified corporation that is a member of the group of associated corporations.

However, for the purposes of the first paragraph, where the calendar year referred to in the first paragraph is the calendar year 2001 or 2002 and the base period of the qualified corporation that is a member of the group of associated corporations, in relation to the recognized business, is the calendar year 1999 or 2000, or where that calendar year is the calendar year 2002 and the base period of the qualified corporation that is a member of the group of associated corporations, in relation to the recognized business, is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph ii of subparagraph a or c of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

2002, c. 9, s. 98; 2003, c. 9, s. 304; 2004, c. 21, s. 388.

1029.8.36.72.47. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.46, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.45, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2002, c. 9, s. 98; 2003, c. 9, s. 305; 2004, c. 21, s. 389.

§ 3 . — Government assistance, non-government assistance and other particulars

2002, c. 9, s. 98.

1029.8.36.72.48. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under section 1029.8.36.72.44 or 1029.8.36.72.45, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.43, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.44 or subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.45 and paid by the corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.45 and paid by a corporation associated with the corporation shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of the salaries or wages paid by the qualified corporation under subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.46 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of salaries or wages under subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a period within the qualified corporation’s base period in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of all amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the corporation, in relation to the recognized business, in respect of the calendar year ending in its particular taxation year.

2002, c. 9, s. 98; 2003, c. 9, s. 306.

1029.8.36.72.49. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.48, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.44 or 1029.8.36.72.45, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.48, the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.46 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2002, c. 9, s. 98; 2003, c. 9, s. 307; 2004, c. 21, s. 390.

1029.8.36.72.50. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2002, c. 9, s. 98; 2003, c. 9, s. 308.

1029.8.36.72.51. Where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, within the meaning of section 556, and the parent corporation, within the meaning of section 556, carries on after the winding-up a business carried on before the winding-up by the subsidiary, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which the calendar year in which the winding-up occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the parent corporation carries on after the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the winding-up and a recognized business carried on by the subsidiary immediately before the winding-up, each recognized business so carried on before the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the winding-up.

2002, c. 9, s. 98; 2003, c. 9, s. 308.

1029.8.36.72.52. Subject to sections 1029.8.36.72.50 and 1029.8.36.72.51, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business the activities of which are described in any of paragraphs a to f of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43, diminish or cease and it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, in relation to a particular recognized business, for the taxation year in which the particular calendar year ends and for the taxation year in which a subsequent calendar year ends:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period in relation to the particular recognized business for which the employee is an eligible employee, is deemed to be equal to the amount by which the amount otherwise determined exceeds the amount determined by the formula

A × C × D, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which the amount otherwise determined, without reference to subparagraph i, exceeds the amount determined by the formula

B × C × D;

(b)  if the vendor was not carrying on a recognized business before the particular time and the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.45 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.46, as the case may be, is deemed to be equal to the amount by which the amount determined, without reference to this subparagraph, exceeds the amount determined by the formula

B × C × D;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.44, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.45 or in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.46, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a period within the particular calendar year for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a period within the particular calendar year for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount, otherwise determined, without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in an eligible region, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year, otherwise determined, without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the purchaser does not carry on a recognized business after the particular time and the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in an eligible region, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

ii.  in respect of the particular calendar year, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period, in relation to the particular recognized business for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that the vendor paid in respect of a period, within the base period, in relation to the particular recognized business, for which the employee was an eligible employee of the vendor or would have been an eligible employee of the vendor if the employee’s work had been related to activities of a recognized business of the vendor or if, in the event that the establishment of the vendor where the employee so reported for work was not situated in an eligible region, the establishment where the employee reported had been situated in an eligible region, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(c)  C is the proportion that the number of the vendor’s employees referred to in subparagraph a or b, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(d)  D, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, is the proportion that the number of days in the particular calendar year following the particular time is of 365 and, in any other case, 1.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2002, c. 9, s. 98; 2002, c. 40, s. 195; 2003, c. 9, s. 309; 2004, c. 21, s. 391.

1029.8.36.72.53. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of a particular corporation in relation to a recognized business it carries on ends, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.48, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2002, c. 9, s. 98; 2003, c. 9, s. 310.

1029.8.36.72.54. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2002, c. 9, s. 98.

1029.8.36.72.55. (Repealed).

2002, c. 9, s. 98; 2003, c. 9, s. 311; 2005, c. 1, s. 245.

DIVISION II.6.6.5 CREDITS FOR THE DEVELOPMENT OF THE FIELDS OF BIOTECHNOLOGY AND NUTRACEUTICALS

2002, c. 9, s. 98; 2004, c. 21, s. 392.

§ 1 . — Interpretation and general

2002, c. 9, s. 98.

1029.8.36.72.56. In this division,

“base amount” of a corporation in relation to a particular recognized business means

(a)  where the particular recognized business is described in paragraph a of the definition of “recognized business”,

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph a of the definition of “recognized business”, and

ii.  in any other case, the aggregate of all amounts each of which is

(1)  the salary or wages that were paid by the corporation to an employee in the course of carrying on that particular recognized business, in respect of a pay period, within its base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

(2)  the salary or wages of an employee, other than an excluded employee of the corporation, that were paid by the corporation in the course of carrying on any given business, in respect of a pay period, within its base period in relation to the particular recognized business, in which the employee reports for work at an establishment of the corporation situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in paragraph a of the definition of “recognized business”, except if an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business described in that paragraph a; and

(b)  where the particular recognized business is described in paragraph b of the definition of “recognized business”,

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph b of the definition of “recognized business”, and

ii.  in any other case, the aggregate of all amounts each of which is

(1)  the salary or wages that were paid by the corporation to an employee in the course of carrying on that particular recognized business, in respect of a pay period, within its base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

(2)  the salary or wages of an employee, other than an excluded employee of the corporation, that were paid by the corporation in the course of carrying on any given business, in respect of a pay period, within its base period in relation to the particular recognized business, in which the employee reports for work at an establishment of the corporation situated in Québec but outside the Québec area and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in paragraph b of the definition of “recognized business”, except if an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business described in that paragraph b;

“base period” of a corporation, in relation to a recognized business, means the calendar year preceding the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the three-year period that begins on 1 January of the first calendar year, preceding the calendar year 2004, in respect of which the corporation obtains its qualification certificate in relation to the recognized business;

“eligible amount” of a corporation for a calendar year means

(a)  in relation to a corporation that carries on a recognized business described in paragraph a of the definition of “recognized business”, the aggregate of all amounts each of which is

i.  the salary or wages paid by the corporation to an employee in respect of a pay period, within the year, for which the employee is an eligible employee, in relation to a recognized business of the corporation described in that paragraph a, or

ii.  the salary or wages of an employee, other than an employee referred to in subparagraph i or an excluded employee of the corporation, that were paid by the corporation in respect of a pay period, within the year, in which the employee reports for work at an establishment of the corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in paragraph a of the definition of “recognized business”; and

(b)  in relation to a corporation that carries on a recognized business described in paragraph b of the definition of “recognized business”, the aggregate of all amounts each of which is

i.  the salary or wages paid by the corporation to an employee in respect of a pay period, within the year, for which the employee is an eligible employee, in relation to a recognized business of the corporation described in that paragraph b, or

ii.  the salary or wages of an employee, other than an employee referred to in subparagraph i or an excluded employee of the corporation, that were paid by the corporation in respect of a pay period, within the year, in which the employee reports for work at an establishment of the corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in paragraph b of the definition of “recognized business”;

“eligible employee” of a corporation for a pay period of a calendar year, in relation to a recognized business, means an employee, other than an excluded employee at any time in that period, who, in that period, reports for work at an establishment of the employer situated in an eligible site, if the recognized business is referred to in paragraph a of the definition of “recognized business”, or in the Québec area, if the recognized business is referred to in paragraph b of that definition, and in respect of whom a qualification certificate, in relation to that period, is issued to the corporation by Investissement Québec for the purposes of this division, in relation to the recognized business;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.62 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.57 or 1029.8.36.72.61.1 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.57 or 1029.8.36.72.61.1 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.62 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business described in paragraph a or b of the definition of “recognized business”, for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.62 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.72.59 or 1029.8.36.72.61.3 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2, in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.59 or 1029.8.36.72.61.3 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.59 or 1029.8.36.72.61.3 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2, in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“eligible site” means

(a)  a site situated in the territory of Ville de Laval and determined by the Minister of Finance to be the Cité de la biotechnologie et de la santé humaine du Montréal métropolitain;

(b)  a site situated in the territory of Ville de Sherbrooke and determined by the Minister of Finance to be the Zone de développement des biotechnologies de Sherbrooke; or

(c)  a site situated in the territory of Ville de Saint-Hyacinthe and determined by the Minister of Finance to be the Cité de la biotechnologie agroalimentaire, vétérinaire et agroenvironnementale de Saint-Hyacinthe;

“excluded employee” at a particular time means an employee of a corporation who, at that time, is

(a)  a specified shareholder of the corporation or, where the corporation is a cooperative, a specified member of the corporation; or

(b)  a specified employee within the meaning of the first paragraph of section 1029.8.36.0.17;

“qualified corporation” for a calendar year means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends;

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192; or

(c)  a corporation control of which is acquired at any time in the calendar year or a preceding calendar year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by any of the following persons or groups of persons:

(1)  in relation to a corporation carrying on at that time a recognized business described in paragraph a of the definition of “recognized business”, a person that is a corporation carrying on at that time such a recognized business, a person or group of persons that controls such a corporation, or a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation, or

(2)  in relation to a corporation carrying on at that time a recognized business described in paragraph b of the definition of “recognized business”, a person that is a corporation carrying on at that time such a recognized business, a person or group of persons that controls such a corporation, or a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“Québec area” means the Québec Census Metropolitan Area, as described in the 1996 Census Dictionary published by Statistics Canada;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year and in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division certifying that

(a)  the business is carried on in an eligible site and that its activities consist in manufacturing products, in whole or in part, in the biotechnology sector and, where applicable, commercializing them, or are related to the biotechnology sector, but do not consist in activities, described in paragraph b, of another recognized business of the corporation for the year; or

(b)  the business is carried on in an establishment of the corporation situated in the Québec area and that its activities consist in manufacturing nutraceuticals or functional foods, in whole or in part, and, where applicable, commercializing them, or are related to the nutraceuticals or functional foods sector, but do not consist in activities, described in paragraph a, of another recognized business of the corporation for the year;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of products or services arising from the carrying on of a business described in paragraph a or b of the definition of “recognized business”, directors’ fees, premiums, compensation for hours worked in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative.

Except where section 1029.8.36.72.64 or 1029.8.36.72.65 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec, and the business, according to Investissement Québec, is the continuation of a recognized business or part of such a recognized business previously carried on by another corporation, the eligibility period of the corporation, in relation to the recognized business, is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in an eligible site and at an establishment of the qualified corporation situated outside the site, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the eligible site, or

ii.  to report for work only at the establishment situated outside the site if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the site;

(b)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in the Québec area and at an establishment of the qualified corporation situated outside that area, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the Québec area, or

ii.  to report for work only at the establishment situated outside that area if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the Québec area;

(c)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(d)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2002, c. 9, s. 98; 2004, c. 21, s. 393; 2005, c. 23, s. 195; 2006, c. 13, s. 157; 2006, c. 36, s. 165.

§ 2 . — Credits

2002, c. 9, s. 98.

1029.8.36.72.57. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of biotechnology”, and that encloses the documents referred to in the second paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is, in relation to a recognized business in respect of biotechnology,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business in respect of biotechnology that the corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business in respect of biotechnology and its eligible employees in relation to such a business.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business in respect of biotechnology, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2002, c. 9, s. 98; 2003, c. 9, s. 312; 2004, c. 21, s. 394; 2005, c. 38, s. 267.

1029.8.36.72.58. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of biotechnology”, and that encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is, in relation to a recognized business in respect of biotechnology,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of biotechnology, or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business in respect of biotechnology that the qualified corporation carries on in the calendar year, and

(2)   the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, within the qualified corporation’s base period in relation to a recognized business in respect of biotechnology it carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, except if an amount is included, in respect of the employee, in relation to the other corporation, in computing an amount determined for the calendar year under this subparagraph 2 in relation to another recognized business in respect of biotechnology, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business in respect of biotechnology that the qualified corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year, to the extent that the amount of that repayment is not included in computing, for the year, an eligible repayment of assistance for the purposes of subparagraph b of the first paragraph of section 1029.8.36.72.61.2.

Where the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in respect of biotechnology in the taxation year in which the calendar year ends, the amount determined under subparagraph a of that first paragraph, in respect of the calendar year, shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.59.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business in respect of biotechnology and its eligible employees in relation to such a business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.59 filed in prescribed form.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business in respect of biotechnology, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2002, c. 9, s. 98; 2003, c. 9, s. 313; 2004, c. 21, s. 395; 2005, c. 38, s. 268; 2006, c. 36, s. 166.

1029.8.36.72.59. The agreement to which the second paragraph of section 1029.8.36.72.58 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of biotechnology”, and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee of the corporation, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business in respect of biotechnology that the corporation carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee, in respect of a pay period, within its base period, in relation to a recognized business in respect of biotechnology, for which the employee is an eligible employee of that qualified corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year, in relation to a recognized business in respect of biotechnology, exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business in respect of biotechnology that the corporation carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business in respect of biotechnology, or the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in respect of biotechnology in the calendar year, to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business in respect of biotechnology that the corporation carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in respect of biotechnology in the calendar year, to an employee in respect of a pay period, within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business in respect of biotechnology that the corporation carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business in respect of biotechnology that is carried on by a qualified corporation that is a member of the group of associated corporations.

2002, c. 9, s. 98; 2004, c. 21, s. 396; 2006, c. 36, s. 167.

1029.8.36.72.60. (Repealed).

2002, c. 9, s. 98; 2004, c. 21, s. 397.

1029.8.36.72.61. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business described in paragraph a of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and that are associated with each other at the end of that calendar year, exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under any of paragraphs a to c of section 1029.8.36.72.59, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.58, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2002, c. 9, s. 98; 2004, c. 21, s. 398.

1029.8.36.72.61.1. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of nutraceuticals”, and that encloses the documents referred to in the second paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is, in relation to a recognized business in respect of nutraceuticals,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount, in relation to a recognized business in respect of nutraceuticals that the corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year, to the extent that the amount of the repayment is not included in computing an eligible repayment of assistance for the year for the purposes of subparagraph b of the first paragraph of section 1029.8.36.72.57.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business in respect of nutraceuticals and its eligible employees in relation to such a business.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business in respect of nutraceuticals, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this section, to have been paid to the Minister on that date, for the purpose of computing that payment.

2004, c. 21, s. 399; 2005, c. 38, s. 269.

1029.8.36.72.61.2. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of nutraceuticals”, and that encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is, in relation to a recognized business in respect of nutraceuticals,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of nutraceuticals, or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business in respect of nutraceuticals that the qualified corporation carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of that calendar year to an employee in respect of a pay period, within the qualified corporation’s base period in relation to a recognized business in respect of nutraceuticals it carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, except if an amount is included, in respect of the employee, in relation to the other corporation, in computing an amount determined for the calendar year under this subparagraph 2 in relation to another recognized business in respect of nutraceuticals, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business in respect of nutraceuticals that the qualified corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year, to the extent that the amount of the repayment is not included in computing an eligible repayment of assistance for the year for the purposes of subparagraph b of the first paragraph of section 1029.8.36.72.58.

Where the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in respect of nutraceuticals in the taxation year in which the calendar year ends, the amount determined under subparagraph a of that first paragraph, in respect of the calendar year, shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.61.3.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business in respect of nutraceuticals and its eligible employees in relation to such a business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.61.3 filed in prescribed form.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business in respect of nutraceuticals, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this section, to have been paid to the Minister on that date, for the purpose of computing that payment.

2004, c. 21, s. 399; 2005, c. 38, s. 270; 2006, c. 36, s. 168.

1029.8.36.72.61.3. The agreement to which the second paragraph of section 1029.8.36.72.61.2 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, hereinafter called the “recognized business in respect of nutraceuticals”, and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee of the corporation, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations, in relation to a recognized business in respect of nutraceuticals that the corporation carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee, in respect of a pay period, within its base period, in relation to a recognized business in respect of nutraceuticals, for which the employee is an eligible employee of that qualified corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year, in relation to a recognized business in respect of nutraceuticals, exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business in respect of nutraceuticals that the corporation carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business in respect of nutraceuticals, or the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in respect of nutraceuticals in the calendar year, to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business in respect of nutraceuticals that the corporation carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in respect of nutraceuticals in the calendar year, to an employee in respect of a pay period, within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business in respect of nutraceuticals that the corporation carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business in respect of nutraceuticals that is carried on by a qualified corporation that is a member of the group of associated corporations.

2004, c. 21, s. 399; 2006, c. 36, s. 169.

1029.8.36.72.61.4. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business described in paragraph b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and that are associated with each other at the end of that calendar year, exceeds the particular amount that is the least of the amounts determined for that calendar year in respect of those corporations under any of paragraphs a to c of section 1029.8.36.72.61.3, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.61.2, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2004, c. 21, s. 399.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2002, c. 9, s. 98; 2006, c. 13, s. 158.

1029.8.36.72.62. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under any of sections 1029.8.36.72.57, 1029.8.36.72.58, 1029.8.36.72.61.1 and 1029.8.36.72.61.2, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.56, in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.57, in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.58, in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.61.1 or in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.61.2 and paid by the qualified corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.58 or in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.61.2 and paid by a corporation associated with the qualified corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.59 or 1029.8.36.72.61.3 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it in respect of a pay period within the qualified corporation’s base period, in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, in relation to that recognized business, in respect of a pay period within the calendar year ending in the particular taxation year.

2002, c. 9, s. 98; 2004, c. 21, s. 400; 2006, c. 13, s. 159.

1029.8.36.72.63. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing any of the following amounts:

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.62, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of any of sections 1029.8.36.72.57, 1029.8.36.72.58, 1029.8.36.72.61.1 and 1029.8.36.72.61.2, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.62, the excess amount referred to in paragraph a or c of section 1029.8.36.72.59 or 1029.8.36.72.61.3 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2002, c. 9, s. 98; 2004, c. 21, s. 401.

1029.8.36.72.64. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2002, c. 9, s. 98; 2004, c. 21, s. 402.

1029.8.36.72.65. If, after the beginning of the winding-up of a subsidiary, within the meaning of section 556, to which the rules in sections 556 to 564.1 and 565 apply, the parent corporation, within the meaning of section 556, begins to carry on a recognized business the subsidiary was carrying on before the beginning of its winding-up, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which ends the calendar year in which the winding-up began and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, if the parent corporation carried on after the beginning of the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the beginning of the winding-up and a recognized business carried on by the subsidiary immediately before the beginning of the winding-up, each recognized business so carried on before the beginning of the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the beginning of the winding-up.

2002, c. 9, s. 98; 2004, c. 21, s. 402; 2005, c. 23, s. 196.

1029.8.36.72.66. Subject to sections 1029.8.36.72.64 and 1029.8.36.72.65, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business the activities of which are described in paragraph a or b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, diminish or cease and it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, in relation to a particular recognized business, for the taxation year in which the particular calendar year ends and for the taxation year in which a subsequent calendar year ends:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × D × E, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which that amount otherwise determined without reference to subparagraph i, exceeds the amount determined by the formula

B × D × E;

(b)  if the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.58, in subparagraph ii of paragraph c of section 1029.8.36.72.59, in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.61.2 or in subparagraph ii of paragraph c of section 1029.8.36.72.61.3, as the case may be, determined in respect of the vendor, is deemed to be equal to the amount by which the amount determined without reference to this subparagraph, exceeds the amount determined by the formula

C × D × E;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.57, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.58, in subparagraph ii of paragraph a of section 1029.8.36.72.59, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.61.1, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.61.2 or in subparagraph ii of paragraph a of section 1029.8.36.72.61.3, as the case may be, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a pay period, within the particular calendar year, for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount, otherwise determined without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee after the particular time in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee, other than an excluded employee of the purchaser, paid by the purchaser after the particular time in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside an eligible site or the Québec area, according to whether the particular recognized business is described in paragraph a or b, respectively, of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in the course of the business, work that is directly related to activities of the purchaser that are described in that paragraph a or b, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year, otherwise determined without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee, other than an excluded employee of the purchaser, paid by the purchaser after the particular time in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work, in the course of the business, that is directly related to activities of the purchaser that are described in paragraph a or b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, according to whether the activities of that particular recognized business are described in that paragraph a or b, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, and

ii.  in respect of the particular calendar year, the amount by which the amount determined in accordance with subparagraph i, in relation to the particular recognized business, exceeds the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is

i.  the salary or wages paid by the vendor to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any business in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible site or the Québec area, according to whether the recognized business is described in paragraph a or b, respectively, of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in that paragraph a or b;

(c)  C is the aggregate of all amounts each of which is the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in paragraph a or b of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.56, according to whether the activities of that particular recognized business are described in that paragraph a or b, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(d)  D is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to c, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(e)  E is, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, the proportion that the number of days in the particular calendar year following the particular time is of 365, and, in any other case, 1.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2002, c. 9, s. 98; 2002, c. 40, s. 196; 2003, c. 9, s. 462; 2004, c. 21, s. 403; 2005, c. 23, s. 197; 2006, c. 36, s. 170.

1029.8.36.72.67. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or fiscal period in which the base period of a particular corporation in relation to a recognized business it carries on ends, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.62, the amount of the salaries or wages paid by the particular corporation or a corporation associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2002, c. 9, s. 98; 2004, c. 21, s. 404.

1029.8.36.72.68. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, associated with each other at the end of the year.

2002, c. 9, s. 98; 2004, c. 21, s. 405.

1029.8.36.72.69. (Repealed).

2002, c. 9, s. 98; 2005, c. 1, s. 245.

DIVISION II.6.6.6 CREDIT FOR JOB CREATION IN THE RESOURCE REGIONS

2002, c. 40, s. 197.

§ 1 . — Definitions and general

2002, c. 40, s. 197.

1029.8.36.72.70. In this division,

“base amount” of a corporation, in relation to a particular recognized business, means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to h of the definition of “recognized business” ; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on the particular recognized business, in respect of a period within its base period, in relation to the particular recognized business for which the employee was an eligible employee of the corporation or would have been an eligible employee of the corporation if the establishment where the employee so reported had been situated in an eligible region, or

ii.  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec, that were paid by the corporation in the course of carrying on any given business that is not a recognized business, in respect of a period within its base period, in relation to the particular recognized business for which the employee would have been an eligible employee of the corporation if the given business had been a recognized business of the corporation and if, in the event that the establishment of the corporation where the employee so reported for work was not situated in an eligible region, the establishment where the employee so reported had been situated in an eligible region, unless an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business;

“base period” of a corporation, in relation to a recognized business, means the calendar year that precedes the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the period that begins on 1 January of the first calendar year in respect of which the corporation obtains its qualification certificate in relation to the recognized business and that ends on 31 December 2002;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a period within the year for which the employee is an eligible employee, in relation to a recognized business of the corporation; or

(b)  the salary or wages of an employee who reports for work at an establishment of the corporation situated in Québec that were paid by the corporation in respect of a period within the year for which the employee would be an eligible employee of the corporation if the establishment where the employee so reported for work had been situated in an eligible region;

“eligible employee” of a corporation for a period within a calendar year, in relation to a recognized business of the corporation, means an employee who, during that period, reports for work at an establishment of the corporation situated in an eligible region and who, throughout that period, spends, when at work, at least 75% of the time undertaking, supervising or supporting, in the course of the carrying on by the corporation of the recognized business or another recognized business of the corporation in the year, work that is directly related to activities described in any of paragraphs a to h of the definition of “recognized business” and in the qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of such a recognized business;

“eligible region” means

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1):

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 04 Mauricie,

iv.  administrative region 08 Abitibi-Témiscamingue,

v.  administrative region 09 Côte-Nord,

vi.  administrative region 10 Nord-du-Québec, or

vii.  administrative region 11 Gaspésie–Îles-de-la-Madeleine; or

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

ii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau, or

iii.  Municipalité régionale de comté de Pontiac;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the qualified corporation to an employee for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.71 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.71 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.72 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in an eligible region for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.72.73 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.73 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.73 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends; or

(b)  a corporation that would be exempt from tax under section 985 for the taxation year in which the calendar year ends, but for section 192;

“recognized business” of a corporation for a taxation year means, subject to the fourth paragraph, a business carried on by the corporation in the year and in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division certifying that its activities are

(a)  the manufacturing, processing and, as the case may be, the commercialization of any of the following products:

i.  finished or semi-finished products using wood, metals, non-metallic minerals, peat, slate, gemstones or semi-precious stones,

ii.  paper or paperboard products, and

iii.  crate components;

(b)  the manufacturing, processing and, as the case may be, the commercialization of food products;

(c)  the manufacturing and, as the case may be, the commercialization of specialized equipment for logging operations, wood processing, paper or paperboard manufacturing, mining, metal processing or fresh-water aquaculture;

(d)  the production and, as the case may be, the commercialization of ecological non-conventional energy using the biomass or hydrogen;

(e)  the manufacturing and, as the case may be, the commercialization of products or specialized equipment for the production or use of energy;

(f)  the reclaiming, recycling and, as the case may be, the commercialization of residues and waste from the development or processing of natural resources;

(g)  fresh-water aquaculture and, as the case may be, the commercialization of that activity;

(g.1)  the bead setting of gemstones or semi-precious stones;

(g.2)  jewellery making;

(g.3)  printing or publishing, including activities relating to typesetting, printing, collating, folding and bundling;

(g.4)  the seasoning of building timber in kilns or timber planing; or

(h)  activities related to the activities described in paragraphs a to g.4;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include

(a)  for an employee whose activities relate to the commercialization of the activities or products of a business described in any of paragraphs a to h of the definition of “recognized business”, directors’ fees, premiums, compensation for hours worked in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III.

Except where section 1029.8.36.72.77 or 1029.8.36.72.78 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec, and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business previously carried on by another corporation, the eligibility period of the corporation in relation to the recognized business is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in an eligible region and at an establishment of the qualified corporation situated outside the eligible region, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the eligible region, or

ii.  to report for work only at the establishment situated outside the eligible region if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the eligible region;

(a.1)  where, during a period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(b)  where, during a period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of the definition of “recognized business” in the first paragraph,

(a)  the following activities do not constitute activities of a recognized business:

i.  activities of any of the businesses described in the definition of “recognized business” in the first paragraph of section 1029.8.36.72.15,

ii.  activities of any of the businesses described in paragraphs a to f of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43,

iii.  food manufacturing or processing activities carried on in restaurants, hotels, shopping centres, supermarkets, grocery stores or other similar establishments,

iv.  manufacturing or processing activities carried on outside an eligible region,

v.  activities relating to pulp, paper or paperboard manufacturing,

vi.  activities relating to primary processing of metals, and

vii.  activities relating to the sawing of logs and bolts to produce structural timber or similar products; and

(b)  the installation by a corporation of a product or specialized equipment referred to in the definition of “recognized business” constitutes an activity of a recognized business, where the product or specialized equipment is the result of the manufacturing activity carried on by the corporation or a corporation with which it is associated.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

Where Investissement Québec cancels, at the request of a corporation, a qualification certificate issued to the corporation, in relation to a recognized business, the certificate so cancelled is not a revoked certificate for the purposes of Part III.10.1.7.

2002, c. 40, s. 197; 2003, c. 9, s. 314; 2004, c. 21, s. 406; 2005, c. 23, s. 198.

§ 2 . — Credits

2002, c. 40, s. 197.

1029.8.36.72.71. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to h of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.70, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the qualified corporation’s eligible repayment of assistance for the taxation year.

Where the first paragraph applies to the taxation year that includes the end of the first calendar year of the eligibility period of a qualified corporation, in relation to a recognized business, or to the taxation year that includes the end of the second calendar year of the eligibility period of the corporation, in relation to the recognized business, and the base period of the corporation, in relation to the recognized business, precedes the calendar year 2002, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to a recognized business.

2002, c. 40, s. 197; 2003, c. 9, s. 315.

1029.8.36.72.72. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and encloses the documents referred to in the fifth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the calendar year for which the employee is an eligible employee, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to h of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.70, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a period within the qualified corporation’s base period, in relation to the recognized business, for which the employee is an eligible employee in relation to that recognized business,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period, within the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period, within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, unless an amount is included, in respect of the employee, in relation to the other corporation, in computing the amount determined for the calendar year under this subparagraph 2 in relation to another recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business it carries on in the calendar year; and

(b)  the qualified corporation’s eligible repayment of assistance for the taxation year.

Where the qualified corporation referred to in subparagraph a of the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in an eligible region in the taxation year in which the calendar year ends, the amount determined under subparagraph a shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.73.

Where the first paragraph applies to the taxation year that includes the end of the first calendar year of the eligibility period of a qualified corporation, in relation to a recognized business, or to the taxation year that includes the end of the second calendar year of the eligibility period of the corporation, in relation to the recognized business, and the base period of the corporation, in relation to the recognized business, precedes the calendar year 2002, the following rules apply:

(a)  the amount determined in accordance with subparagraph 2 of subparagraph i of subparagraph a of the first paragraph or subparagraph 2 of subparagraph ii of that subparagraph a, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked qualification certificate issued to the qualified corporation in relation to a recognized business; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.73 filed in prescribed form.

2002, c. 40, s. 197; 2003, c. 9, s. 316; 2004, c. 21, s. 407.

1029.8.36.72.73. The agreement to which the second paragraph of section 1029.8.36.72.72 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of the calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a period within the calendar year for which the employee is an eligible employee of the corporation, in relation to a recognized business it carries on in the calendar year, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business it carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to h of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.70, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in a period within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, for which the employee is an eligible employee of the corporation in relation to the recognized business;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business it carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the salary or wages paid by another qualified corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid in respect of a period, within the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business it carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee who reports for work at an establishment of the other corporation situated in Québec, where the salary or wages are paid by the other corporation in respect of a period, within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business it carries on in the calendar year, for which the employee would have been an eligible employee of the qualified corporation if the employee had been an employee of the qualified corporation, if a business carried on by the other corporation had been a recognized business carried on by the qualified corporation and if, in the event that the establishment of the other corporation where the employee reported for work was not situated in an eligible region, the establishment where the employee reported for work had been situated in an eligible region, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group of associated corporations.

However, for the purposes of the first paragraph, where the calendar year referred to in the first paragraph is the first or second calendar year of the eligibility period of a qualified corporation that is a member of the group of associated corporations, in relation to a recognized business, and its base period, in relation to the recognized business, precedes the calendar year 2002, the following rules apply:

(a)  the amount determined in accordance with subparagraph ii of subparagraph a or c of the first paragraph, in respect of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined; and

(b)  the base amount of the corporation, in relation to the recognized business, is deemed to be equal to 90% of that amount otherwise determined.

2002, c. 40, s. 197; 2003, c. 9, s. 317; 2004, c. 21, s. 408.

1029.8.36.72.74. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the lesser of the amounts determined for that calendar year in respect of those corporations under any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.73, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.72, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2002, c. 40, s. 197; 2003, c. 9, s. 317; 2004, c. 21, s. 409.

§ 3 . — Government assistance, non-government assistance and other particulars

2002, c. 40, s. 197.

1029.8.36.72.75. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under section 1029.8.36.72.71 or 1029.8.36.72.72, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definition of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.70, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.71 or subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.72 and paid by the corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.72 and paid by a corporation associated with the corporation shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of the salaries or wages referred to in subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.73 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that reduced the amount of salaries or wages referred to in subparagraph ii,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a period within the qualified corporation’s base period in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of all amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the corporation, in relation to the recognized business, in respect of the calendar year ending in its particular taxation year.

2002, c. 40, s. 197; 2003, c. 9, s. 318.

1029.8.36.72.76. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.75, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.71 or 1029.8.36.72.72, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.75, the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.73 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2002, c. 40, s. 197; 2003, c. 9, s. 319; 2004, c. 21, s. 410.

1029.8.36.72.77. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2002, c. 40, s. 197; 2003, c. 9, s. 320.

1029.8.36.72.78. Where the rules in sections 556 to 564.1 and 565 apply to the winding-up of a subsidiary, within the meaning of section 556, and the parent corporation, within the meaning of section 556, carries on after the winding-up a business carried on before the winding-up by the subsidiary, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which the calendar year in which the winding-up occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the parent corporation carried on after the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the winding-up and a recognized business carried on by the subsidiary immediately before the winding-up, each recognized business so carried on before the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the winding-up.

2002, c. 40, s. 197; 2003, c. 9, s. 320.

1029.8.36.72.79. Subject to sections 1029.8.36.72.77 and 1029.8.36.72.78, where, at a particular time in a particular calendar year, the activities carried on by a person or partnership, in this section referred to as the “vendor”, in relation to a recognized business or a business the activities of which are described in any of paragraphs a to h of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.70, diminish or cease and it may reasonably be considered that, as a result, another person or partnership, in this section referred to as the “purchaser”, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the third and fourth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, in relation to a particular recognized business, for the taxation year in which the particular calendar year ends and for the taxation year in which a subsequent calendar year ends:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period in relation to the particular recognized business for which the employee is an eligible employee, is deemed to be equal to the amount by which the amount otherwise determined exceeds the amount determined by the formula

A × C × D, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which the amount otherwise determined, without reference to subparagraph i, exceeds the amount determined by the formula

B × C × D;

(b)  if the vendor was not carrying on a recognized business before the particular time and the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.72 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.73, as the case may be, is deemed to be equal to the amount by which the amount determined, without reference to this subparagraph, exceeds the amount determined by the formula

B × C × D;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.71, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.72 or in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.73, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a period within the particular calendar year for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a period within the particular calendar year for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount, otherwise determined, without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in an eligible region, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year, otherwise determined, without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the purchaser does not carry on a recognized business after the particular time and the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the purchaser situated in Québec that the purchaser paid, after the particular time, in respect of a period of the particular calendar year for which the employee would be an eligible employee of the purchaser if the establishment where the employee reported for work had been situated in an eligible region, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

ii.  in respect of the particular calendar year, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a period within its base period, in relation to the particular recognized business for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is the salary or wages of an employee who reports for work at an establishment of the vendor situated in Québec that the vendor paid in respect of a period, within the base period, in relation to the particular recognized business, for which the employee was an eligible employee of the vendor or would have been an eligible employee of the vendor if the employee’s work had been related to activities of a recognized business of the vendor or if, in the event that the establishment of the vendor where the employee so reported for work was not situated in an eligible region, the establishment where the employee reported had been situated in an eligible region, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(c)  C is the proportion that the number of the vendor’s employees referred to in subparagraph a or b, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(d)  D, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, is the proportion that the number of days in the particular calendar year following the particular time is of 365 and, in any other case, 1.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2002, c. 40, s. 197; 2003, c. 9, s. 321; 2004, c. 21, s. 411.

1029.8.36.72.80. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of a particular corporation in relation to a recognized business it carries on ends, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.75, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2002, c. 40, s. 197; 2003, c. 9, s. 322.

1029.8.36.72.81. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2002, c. 40, s. 197.

1029.8.36.72.82. (Repealed).

2002, c. 40, s. 197; 2005, c. 1, s. 245.

DIVISION II.6.6.6.1 CREDIT FOR JOB CREATION IN THE RESOURCE REGIONS, IN THE ALUMINUM VALLEY AND IN THE GASPÉSIE AND CERTAIN MARITIME REGIONS OF QUÉBEC

2004, c. 21, s. 412.

§ 1 . — Definitions and general

2004, c. 21, s. 412.

1029.8.36.72.82.1. In this division,

“base amount” of a corporation means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee that were paid by the corporation in respect of a pay period, ended in its base period, in which the employee reports for work at an establishment of the corporation situated in Québec but outside a designated region of the corporation and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business;

“base period” of a corporation means, subject to the fourth paragraph, the given calendar year preceding the calendar year in which the corporation’s eligibility period begins or the calendar year referred to in either of the following paragraphs if it is subsequent to the given calendar year:

(a)  if the corporation has made the election provided for in subparagraph a of the first paragraph of section 1029.8.36.72.82.3.1, for the purpose of determining the amount that it is deemed to have paid to the Minister under section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 for the taxation year in which the calendar year 2008 or 2009 ends or for a taxation year in which a calendar year subsequent to 2009 ends if the corporation elected, by filing with the Minister the prescribed form containing prescribed information on or before the corporation’s filing-due date for the taxation year in which the calendar year 2010 ends, that the base period be determined by reference to this paragraph, the calendar year that precedes the calendar year in respect of which the election provided for in section 1029.8.36.72.82.3.1 was first made by the corporation; or

(b)  if the corporation has made the election provided for in section 1029.8.36.72.82.3.1.1, for the purpose of determining the amount that it is deemed to have paid to the Minister under section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 for a taxation year in which a calendar year that is subsequent to the calendar year 2010 ends, the calendar year 2010;

“designated region” of a corporation means, subject to the seventh paragraph, the Saguenay-Lac-Saint-Jean region, the eligible region or the resource region where it carries on a recognized business;

“eligibility period” of a corporation means, subject to the third paragraph, the period that begins on 1 January of the first calendar year referred to in the first unrevoked qualification certificate issued to the corporation or deemed obtained by it, in relation to a recognized business, for the purposes of this division or any of Divisions II.6.6.2, II.6.6.4 and II.6.6.6, and that ends on 31 December 2015;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a pay period, ended in the year, for which the employee is an eligible employee; or

(b)  the salary or wages of an employee, other than an employee referred to in paragraph a, that were paid by the corporation in respect of a pay period, ended in the year, in which the employee reports for work at an establishment of the corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business;

“eligible employee” of a corporation, for a pay period that ended in a calendar year, means an employee who, in that period, reports for work at an establishment of the employer situated in a designated area and in respect of whom a qualification certificate, in relation to that period, is issued to the corporation by Investissement Québec for the purposes of this division;

“eligible region” means, subject to the seventh paragraph,

(a)  for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which a calendar year preceding the calendar year 2010 ends and, if the corporation has made the election provided for in section 1029.8.36.72.82.3.1.1, for its taxation year in which the calendar year 2010 ends, in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the processing of marine products, or activities related to such processing activities, the Municipalité régionale de comté de Matane or one of the administrative regions referred to in subparagraphs ii and iii of paragraph b and described in the Décret concernant la révision des limites des régions administratives du Québec (R.R.Q., c. D-11, r. 1);

(a.1)  (paragraph repealed);

(b)  in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the manufacturing or processing of finished or semi-finished products in the field of marine biotechnology, or activities related to such manufacturing or processing activities, one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec:

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 09 Côte-Nord, or

iii.  administrative region 11 Gaspésie–Îles-de-la-Madeleine;

(c)  in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the manufacturing of wind turbines, the production of wind power or activities related to such manufacturing or production activities, the Municipalité régionale de comté de Matane or the administrative region referred to in subparagraph iii of paragraph b and described in the Décret concernant la révision des limites des régions administratives du Québec; and

(d)  in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the mariculture, the manufacturing of specialized equipment for mariculture or activities related to such mariculture activities or such manufacturing of specialized equipment, one of the administrative regions referred to in subparagraphs ii and iii of paragraph b and described in the Décret concernant la révision des limites des régions administratives du Québec;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.16 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.16 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph or subparagraph ii of paragraph a of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.15, in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.17 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in the Saguenay–Lac-Saint-Jean region for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph b of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.15, in relation to a repayment of assistance;

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.21 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.18 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.18 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.18 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph c of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.15, in relation to a repayment of assistance;

(d)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.44 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.44 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph or subparagraph ii of paragraph a of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.43, in relation to a repayment of assistance;

(e)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.45 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in an eligible region for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph b of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.43, in relation to a repayment of assistance;

(f)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.48 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.46 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.46 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.46 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph c of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.43, in relation to a repayment of assistance;

(g)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.71 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.71 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph or subparagraph ii of paragraph a of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.70, in relation to a repayment of assistance;

(h)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.72 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business in a resource region for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph b of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.70, in relation to a repayment of assistance;

(i)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.75 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.73 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.73 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.73 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph or subparagraph ii of paragraph c of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.70, in relation to a repayment of assistance;

(j)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.2 that relates to a calendar year preceding the calendar year ending in the taxation year, except to the extent that paragraph j.1 applies to that repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(j.1)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(k)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.3 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, except to the extent that paragraph k.1 applies to that repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(k.1)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(l)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.82.4 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, except to the extent that paragraph l.1 applies to that repayment, the amount by which the particular amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of subparagraph a or c of the first paragraph of section 1029.8.36.72.82.4 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.4 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(l.1)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.72.82.4.1 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the particular amount that would have been determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.82.4.1 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.4.1 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(m)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.3.2 that relates to a calendar year preceding the calendar year ending in the taxation year, except to the extent that paragraph m.1 applies to the repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(m.1)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(n)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.3.3 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, except to the extent that paragraph n.1 applies to the repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(n.1)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(o)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.82.4 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, except to the extent that paragraph o.1 applies to the repayment, the amount by which the particular amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of subparagraph a or c of the first paragraph of section 1029.8.36.72.82.4 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.4 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(o.1)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.6 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.72.82.4.2 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the particular amount that would have been determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.82.4.2 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.4.2 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends; or

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192;

“recognized business” of a corporation means a business carried on in a calendar year by the corporation in a designated region and in respect of which a qualification certificate is issued for the year by Investissement Québec for the purposes of this division;

“resource region” means, subject to the seventh paragraph,

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec:

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 04 Mauricie,

iv.  administrative region 08 Abitibi-Témiscamingue,

v.  administrative region 09 Côte-Nord,

vi.  administrative region 10 Nord-du-Québec, or

vii.  for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which a calendar year preceding the year 2010 ends, administrative region 11 Gaspésie–Îles-de-la-Madeleine; or

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

ii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau, or

iii.  Municipalité régionale de comté de Pontiac;

“Saguenay–Lac-Saint-Jean region” means, in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the manufacturing or processing of finished or semi-finished products made from aluminum having already undergone primary processing, the reclamation and recycling of waste and residues from the processing of aluminum, or activities related to such activities, the administrative region 02 Saguenay–Lac-Saint-Jean described in the Décret concernant la révision des limites des régions administratives du Québec;

“salary or wages” means the income computed under Chapters I and II of Title II of Book III, but does not include,

(a)  for an employee whose activities relate to the commercialization of the activities or products of a recognized business, directors’ fees, premiums, compensation for hours worked in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; and

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III.

For the purposes of this division,

(a)   where, during a pay period that ended in a calendar year, an employee reports for work at an establishment of a qualified corporation situated in a designated region of the corporation and at an establishment of the qualified corporation situated outside the designated region, the employee is, for that period, deemed,

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the designated region, or

ii.   to report for work only at the establishment situated outside the designated region if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the designated region;

(b)  where, during a pay period that ended in a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed,

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(c)  where, during a pay period that ended in a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

If Investissement Québec cancels a qualification certificate issued, for the purposes of this division or of any of Divisions II.6.6.2, II.6.6.4 and II.6.6.6, to a corporation in relation to a recognized business it is carrying on in a designated region, because of a major unforeseen event affecting the recognized business, the qualification certificate is deemed not to have been so cancelled, for the purpose of determining the corporation’s eligibility period, if the corporation has resumed carrying on the recognized business in a municipality more than 40 km away from the municipality in which the recognized business was carried on before the major unforeseen event occurred.

Where a corporation that carries on a recognized business for the purposes of this division has had Investissement Québec revoke a qualification certificate it was issued in relation to the calendar year 2000 or 2001, in respect of another recognized business the corporation was carrying on for the purposes of any of Divisions II.6.6.2, II.6.6.4 and II.6.6.6, in this paragraph referred to as the “initial qualification certificate”, the corporation may elect, for the purpose of determining the amount it is deemed to have paid to the Minister for the purposes of this division for the taxation year in which ends a calendar year in respect of which it is issued a new qualification certificate by Investissement Québec, in relation to that other recognized business, to have its base period be the base period that would have been determined if the initial qualification certificate had not been so revoked.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

For the purposes of this division and in determining the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3, the salary or wages paid to an employee in respect of a pay period, for which the employee is an eligible employee, that may reasonably be attributed to activities of a business that are described in paragraph a.1 of the definition of “eligible region” in the first paragraph, enacted by subparagraph i of subparagraph b.1 of the seventh paragraph, and that are carried on in the region to which that paragraph a.1 refers, is deemed not to have been so paid to the eligible employee if, in the opinion of Investissement Québec, the activities are not recognized activities in respect of a resource region.

For the purposes of this division and for the purpose of determining the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3, the following rules apply:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(b.1)  the definition of “eligible region” in the first paragraph is to be read,

i.  if the taxation year is subsequent to the taxation year in which the calendar year 2007 ends, as if the following paragraph was inserted after paragraph a:

“(a.1) in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are manufacturing or processing activities, other than those referred to in any of paragraphs a, b, c and d, included in the group described under code 31, 32 or 33 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada, or activities related to such manufacturing or processing activities, the administrative region referred to in subparagraph iii of paragraph b and described in the Décret concernant la révision des limites des régions administratives du Québec;”, and

ii.  if the taxation year is subsequent to the taxation year in which the calendar year 2009 ends, as if the following paragraph was added after paragraph d, unless the corporation has made the election provided for in section 1029.8.36.72.82.3.1.1 for a preceding taxation year:

“(e) in respect of a recognized business whose activities described in a qualification certificate issued for the purposes of this division are the manufacturing or processing of finished or semi-finished products made from peat or slate, or activities related to such manufacturing or processing activities, one of the administrative regions referred to in subparagraphs i and ii of paragraph b and described in the Décret concernant la révision des limites des régions administratives du Québec;”;

(c)  the definition of “designated region” in the first paragraph is to be read as follows:

““designated region” of a corporation means the Saguenay–Lac-Saint-Jean region or the eligible region where it carries on a recognized business in a particular taxation year, if

(a)  the particular taxation year precedes the taxation year in which the calendar year 2010 ends; or

(b)  the corporation has made the election provided for in section 1029.8.36.72.82.3.1.1;” and

(d)  if the taxation year is subsequent to the taxation year in which the calendar year 2012 ends, the definition of “resource region” in the first paragraph is to be read as if subparagraphs i to iii of paragraph a were replaced by the following subparagraphs:

i.  the eastern part of the administrative region 01 Bas-Saint-Laurent, included in the territory of the Municipalité régionale de comté de La Matapédia, the Municipalité régionale de comté de Matane and the Municipalité régionale de comté de La Mitis,

ii.  the part of the administrative region 02 Saguenay–Lac-Saint-Jean, included in the territory of the Municipalité régionale de comté de Maria-Chapdelaine, the Municipalité régionale de comté Le Fjord-du-Saguenay and the Municipalité régionale de comté Le Domaine-du-Roy,

iii.  the part of the administrative region 04 Mauricie, included in the territory of the urban agglomeration of La Tuque, the Municipalité régionale de comté de Mékinac and the city of Shawinigan,".

2004, c. 21, s. 412; 2005, c. 23, s. 199; 2006, c. 36, s. 301; 2006, c. 13, s. 160; 2006, c. 36, s. 171; 2009, c. 15, s. 286; 2010, c. 25, s. 140.

1029.8.36.72.82.1.1. A corporation’s tax assistance limit for a taxation year is the aggregate of

(a)  the corporation’s base amount for the year; and

(b)  the amount determined by the formula

5% × A × B/C.

In the formula in subparagraph b of the first paragraph,

(a)  A is the corporation’s gross revenue for the year;

(b)  B is the aggregate of all amounts each of which is a salary or wages paid by the corporation in the taxation year to an employee who reports for work, in the year, at an establishment of the corporation situated in a resource region or in the administrative region 11 Gaspésie–Îles-de-la-Madeleine described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1); and

(c)  C is the aggregate of all amounts each of which is a salary or wages paid to an employee by the corporation in the taxation year.

For the purposes of the second paragraph, if the amount represented by B, otherwise determined in respect of a corporation for a taxation year, is equal to or greater than 90% of the amount represented by C, determined in respect of the corporation for the year, the corporation is deemed to have paid salaries or wages in the year only to employees who reported for work, in the year, at an establishment of the corporation situated in a region referred to in subparagraph b of the second paragraph.

2010, c. 25, s. 141.

1029.8.36.72.82.1.2. For the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.82.1.1 and subject to sections 1029.8.36.72.82.1.3 and 1029.8.36.72.82.1.4, a corporation’s base amount for a taxation year is equal to

(a)  if the corporation is not a member of an associated group in the year, $50,000; and

(b)  if the corporation is a member of an associated group in the year, an amount attributed for the year to the corporation pursuant to the agreement described in the second paragraph and filed with the Minister in the prescribed form or, if no amount is attributed to the corporation under the agreement or in the absence of such an agreement, zero.

The agreement to which subparagraph b of the first paragraph refers is the agreement under which all the corporations that are members of the associated group in the year attribute for the year to one or more of their number, for the purposes of this section, one or more amounts the total of which does not exceed $50,000.

If the aggregate of the amounts attributed, in respect of a taxation year, pursuant to an agreement described in the second paragraph and entered into with the corporations that are members of an associated group in the year exceeds $50,000, the amount determined under subparagraph b of the first paragraph in respect of each of those corporations for the taxation year is deemed, for the purposes of this section, to be equal to the proportion of $50,000 that that amount is of the aggregate of the amounts attributed for the year under the agreement.

For the purposes of this section and sections 1029.8.36.72.82.1.3 and 1029.8.36.72.82.1.4, an associated group in a taxation year means all the corporations that, in the year, are associated with each other and are qualified corporations for the purposes of Title VII.2.4 of Book IV or corporations that carry on a recognized business.

2010, c. 25, s. 141.

1029.8.36.72.82.1.3. If a corporation that is a member of an associated group referred to in subparagraph b of the first paragraph of section 1029.8.36.72.82.1.2 fails to file with the Minister an agreement referred to in that subparagraph within 30 days after notice in writing by the Minister has been sent to any of the corporations that are members of that group that such an agreement is required for the purposes of any assessment of tax under this Part or for the determination of another amount, the Minister shall, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.82.1.1, attribute an amount to one or more of those corporations for the taxation year, which amount or the aggregate of which amounts must be equal to $50,000, and in such a case, despite that subparagraph b, the base amount for the year of each of the corporations is equal to the amount so attributed to it.

2010, c. 25, s. 141.

1029.8.36.72.82.1.4. Despite sections 1029.8.36.72.82.1.2 and 1029.8.36.72.82.1.3, the following rules apply:

(a)  if a corporation that is a member of an associated group (in this paragraph referred to as the “first corporation”) has more than one taxation year ending in the same calendar year and is associated in two or more of those taxation years with another corporation that is a member of the group that has a taxation year ending in that calendar year, the base amount of the first corporation for each particular taxation year that ends in the calendar year in which it is associated with the other corporation and that ends after the first taxation year ending in that calendar year is, subject to paragraph b, an amount equal to the lesser of

i.  its base amount for the first taxation year ending in the calendar year, determined in accordance with subparagraph b of the first paragraph of section 1029.8.36.72.82.1.2 or section 1029.8.36.72.82.1.3, and

ii.  its base amount for the particular taxation year ending in the calendar year, determined in accordance with subparagraph b of the first paragraph of section 1029.8.36.72.82.1.2 or section 1029.8.36.72.82.1.3; and

(b)  if a corporation has a taxation year of fewer than 51 weeks, its base amount for the year is that proportion of its base amount for the year, determined without reference to this paragraph, that the number of days in the year is of 365.

2010, c. 25, s. 141.

§ 2 . — Credits

2004, c. 21, s. 412.

1029.8.36.72.82.2. A qualified corporation that is carrying on a recognized business at least since 31 March 2008, that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents referred to in the third paragraph with the fiscal return it is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal, if the calendar year is subsequent to the year 2003 and precedes the year 2011, to the aggregate of

(a)  30% of the particular amount that is the amount by which the lesser of the following amounts exceeds the particular amount determined for the calendar year in accordance with subparagraph a.1:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount; and

(a.1)  40% of the particular amount that is the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1,

ii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

iii.  the lesser of the amount determined for the calendar year in accordance with subparagraph i of subparagraph a and the amount determined for that year in accordance with subparagraph ii of that subparagraph a; and

(b)  the aggregate of

i.  40% of the portion of the eligible repayment of assistance of the corporation for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount referred to in any of paragraphs d, e, f, j.1, k.1 and l.1 of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1, or referred to in any of paragraphs j, k and l of that definition, if the preceding calendar year and the assistance to which that paragraph refers are the calendar year 2003 and assistance that may reasonably be attributed to a business whose activities are described in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, respectively, and

ii.  30% of the amount by which the eligible repayment of assistance of the corporation for the taxation year exceeds the portion of the eligible repayment of assistance of the corporation for the taxation year determined in accordance with subparagraph i.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business and its eligible employees.

2004, c. 21, s. 412; 2005, c. 23, s. 200; 2005, c. 38, s. 271; 2010, c. 25, s. 142.

1029.8.36.72.82.3. A qualified corporation that is carrying on a recognized business at least since 31 March 2008, that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents referred to in the fourth paragraph with the fiscal return it is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal, if the calendar year is subsequent to the year 2003 and precedes the year 2011, to the aggregate of

(a)  subject to the second paragraph, 30% of the particular amount that is the amount by which the least of the following amounts exceeds the particular amount determined for the calendar year in accordance with subparagraph a.1:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of the qualified corporation’s eligible amount for the calendar year and the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

(1)  the qualified corporation’s base amount, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount;

(a.1)  subject to the second paragraph, 40% of the particular amount that is the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1,

ii.  the amount by which the aggregate of the amount that would be the qualified corporation’s eligible amount for the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the total of

(1)  the amount that would be the qualified corporation’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1,

iii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

iv.  the lesser of the amounts determined for the calendar year in accordance with subparagraphs i to iii of subparagraph a; and

(b)  the aggregate of

i.   40% of the portion of the eligible repayment of assistance of the corporation for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount referred to in any of paragraphs d, e, f, j.1, k.1 and l.1 of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1, or referred to in any of paragraphs j, k and l of that definition, if the preceding calendar year and the assistance to which that paragraph refers are the calendar year 2003 and assistance that may reasonably be attributed to a business whose activities are described in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, respectively, and

ii.  30% of the amount by which the eligible repayment of assistance of the corporation for the taxation year exceeds the portion of the eligible repayment of assistance of the corporation for the taxation year determined in accordance with subparagraph i.

Where the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the taxation year in which the calendar year ends, the following rules apply:

(a)  the least of the excess amounts determined under any of subparagraphs i to iii of subparagraph a of that first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.4; and

(b)  the particular amount determined, where applicable, under subparagraph a.1 of that first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.4.1.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business and its eligible employees; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.82.4 and, where applicable, the agreement referred to in section 1029.8.36.72.82.4.1, filed in prescribed form.

2004, c. 21, s. 412; 2005, c. 23, s. 201; 2005, c. 38, s. 272; 2006, c. 36, s. 172; 2010, c. 25, s. 143.

1029.8.36.72.82.3.1. No corporation may be deemed to have paid an amount to the Minister in accordance with section 1029.8.36.72.82.2 or 1029.8.36.72.82.3 for a taxation year in which any of the calendar years 2007 to 2009 ends if the corporation has elected irrevocably to avail itself, for the year or a preceding taxation year,

(a)  of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3; or

(b)  of Division II.6.14.2.

A corporation that has not already made the election described in the first paragraph and that is not required to make that election for a taxation year in the manner described in the third paragraph shall make the election for the year by filing with the Minister the prescribed form containing prescribed information on or before the corporation’s filing-due date for the year.

A particular corporation that is associated, in a taxation year, with one or more other corporations (in this paragraph together referred to as the “group of associated corporations”) for the year, at least one of which, other than the particular corporation, has not made an election under the second paragraph or this paragraph for a preceding taxation year and at least one of which, other than the particular corporation, is described in the fourth paragraph for the year, shall make the election described in the first paragraph for the year by filing with the Minister, jointly with the other corporations that are members of the group of associated corporations, the prescribed form containing prescribed information on or before the earliest of the filing-due dates of the corporations that are members of the group for the year.

A corporation to which the third paragraph refers for a taxation year is

(a)  a corporation that carried on a recognized business before 1 April 2008; or

(b)  a corporation that, for the purposes of Division II.6.14.2, is a qualified corporation for the year that has acquired qualified property or that is a member of a qualified partnership that has acquired such property.

2009, c. 15, s. 287; 2010, c. 25, s. 144.

1029.8.36.72.82.3.1.1. A corporation may be deemed to have paid an amount to the Minister in accordance with section 1029.8.36.72.82.2 or 1029.8.36.72.82.3 for the taxation year in which the calendar year 2010 ends only if the corporation so elects irrevocably in the manner described in the third or fourth paragraph, as the case may be, and if the corporation did not make the election provided for in section 1029.8.36.72.82.3.1 for a preceding taxation year.

A corporation that makes the election provided for in the first paragraph for the taxation year in which the calendar year 2010 ends may not be deemed to have paid an amount to the Minister in accordance with section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 for the year.

A corporation to which the fourth paragraph does not apply shall make the election provided for in the first paragraph for the taxation year in which the calendar year 2010 ends by filing with the Minister the prescribed form containing prescribed information on or before the corporation’s filing-due date for the taxation year.

A particular corporation that is associated, in a taxation year in which the calendar year 2010 ends, with one or more other corporations that carry on a recognized business shall make the election provided for in the first paragraph for the taxation year by filing with the Minister, jointly with the other corporations that are members of the group of associated corporations, the prescribed form containing prescribed information on or before the earliest of the filing-due dates of the corporations that are members of the group, for the taxation year.

2010, c. 25, s. 145.

1029.8.36.72.82.3.2. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents described in the fifth paragraph with the fiscal return it is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the second and fourth paragraphs, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal, if the calendar year is the year 2010 or a subsequent year, to the aggregate of

(a)  20% of the particular amount that is the amount by which the lesser of the following amounts exceeds the particular amount that would be determined for the calendar year in accordance with subparagraph a.1 if that subparagraph were read without reference to the balance of the qualified corporation’s tax assistance limit for the year, within the meaning of section 1029.8.36.72.82.3.4:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount;

(a.1)  10% of the particular amount that is the lesser of the balance of the qualified corporation’s tax assistance limit for the year, within the meaning of section 1029.8.36.72.82.3.4, and the least of the following amounts:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to a given activity (in this section referred to as the “recognized activity in respect of a resource region”) that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to a recognized activity in respect of a resource region,

ii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and

iii.  the lesser of the amount determined for the calendar year in accordance with subparagraph i of subparagraph a and the amount determined for that year in accordance with subparagraph ii of that subparagraph a; and

(b)  the aggregate of

i.  10% of the portion of the qualified corporation’s eligible repayment of assistance for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount, other than an amount described in the third paragraph, that is referred to in any of paragraphs g to i, m.1, n.1 and o.1 of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1 or any of paragraphs j, k and l of that definition to the extent that the assistance related to the carrying on of a recognized business in a resource region, and

ii.  20% of the amount by which the portion of the qualified corporation’s eligible repayment of assistance for the taxation year that concerns assistance that may reasonably be considered to relate to a business carried on in a designated region exceeds the portion of the qualified corporation’s eligible repayment of assistance for the taxation year determined in accordance with subparagraph i.

If this section applies to a taxation year in which the calendar year 2010 ends, the portion of subparagraph a.1 of the first paragraph before subparagraph i and subparagraph i of subparagraph b of that paragraph are to be read as if “10%” was replaced by “20%”.

An amount to which subparagraph i of subparagraph b of the first paragraph refers is

(a)  if the calendar year that ends in the taxation year referred to in that subparagraph i is subsequent to 2012, an amount relating to assistance that may reasonably be considered to relate to a business that is carried on elsewhere than in a resource region; or

(b)  an amount referred to in any of paragraphs g to i, j, k and l of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1 and that concerns assistance that may reasonably be attributed to a business carried on in a region described in paragraph a.1 or e of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, enacted by subparagraph b.1 of the seventh paragraph of that section, and whose activities are described in that paragraph a.1 or e, as the case may be.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business that it carries on and its eligible employees.

2009, c. 15, s. 287; 2010, c. 25, s. 146.

1029.8.36.72.82.3.3. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents described in the sixth paragraph with the fiscal return it is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third and fifth paragraphs, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal, if the calendar year is the year 2010 or a subsequent year, to the aggregate of

(a)  subject to the second paragraph, 20% of the particular amount that is the amount by which the least of the following amounts exceeds the particular amount that would be determined for the calendar year in accordance with subparagraph a.1 if that subparagraph were read without reference to the balance of the qualified corporation’s tax assistance limit for the year, within the meaning of section 1029.8.36.72.82.3.4:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee exceeds the aggregate of all amounts each of which is,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of the qualified corporation’s eligible amount for the calendar year and the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

(1)  the qualified corporation’s base amount, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount;

(a.1)  subject to the second paragraph, 10% of the particular amount that is the lesser of the balance of the qualified corporation’s tax assistance limit for the year, within the meaning of section 1029.8.36.72.82.3.4, and the least of the following amounts:

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to a given activity (in this section referred to as the “recognized activity in respect of a resource region”) that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages that were paid by the corporation to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to a recognized activity in respect of a resource region,

ii.  the amount by which the aggregate of the amount that would be the qualified corporation’s eligible amount for the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are recognized activities in respect of a resource region that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

(1)  the amount that would be the qualified corporation’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are recognized activities in respect of a resource region that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business,

iii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and

iv.  the least of the amounts determined for the calendar year in accordance with subparagraphs i to iii of subparagraph a; and

(b)  the aggregate of

i.  10% of the portion of the qualified corporation’s eligible repayment of assistance for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount, other than an amount described in the fourth paragraph, that is referred to in any of paragraphs g to i, m.1, n.1 and o.1 of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1 or any of paragraphs j, k and l of that definition to the extent that the assistance related to the carrying on of a recognized business in a resource region, and

ii.  20% of the amount by which the portion of the qualified corporation’s eligible repayment of assistance for the taxation year that concerns assistance that may reasonably be considered to relate to a business carried on in a designated region exceeds the portion of the qualified corporation’s eligible repayment of assistance for the taxation year determined in accordance with subparagraph i.

If the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the taxation year in which the calendar year ends, the following rules apply:

(a)  the least of the excess amounts determined under any of subparagraphs i to iii of subparagraph a of the first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.4; and

(b)  the least of the excess amounts determined, if applicable, under any of subparagraphs i to iv of subparagraph a.1 of the first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.4.2.

If this section applies to a taxation year in which the calendar year 2010 ends, the portion of subparagraph a.1 of the first paragraph before subparagraph i and subparagraph i of subparagraph b of that paragraph are to be read as if “10%” was replaced by “20%”.

An amount to which subparagraph i of subparagraph b of the first paragraph refers means

(a)  if the calendar year that ends in the taxation year referred to in that subparagraph i is subsequent to 2012, an amount relating to assistance that may reasonably be considered to relate to a business that is carried on elsewhere than in a resource region; or

(b)  an amount referred to in any of paragraphs g to i, j, k and l of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.1 and that concerns assistance that may reasonably be attributed to a business carried on in a region described in paragraph a.1 or e of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, enacted by subparagraph b.1 of the seventh paragraph of that section, and whose activities are described in that paragraph a.1 or e, as the case may be.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the taxation year in which the first calendar year within the qualified corporation’s eligibility period ends, and of its tax payable for the particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information;

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business and its eligible employees; and

(c)  if the second paragraph applies, the agreement referred to in section 1029.8.36.72.82.4 and, if applicable, the agreement referred to in section 1029.8.36.72.82.4.2, filed in prescribed form.

2009, c. 15, s. 287; 2010, c. 25, s. 147.

1029.8.36.72.82.3.4. The balance of a corporation’s tax assistance limit for a taxation year is equal to the amount by which its tax assistance limit for the year, determined under section 1029.8.36.72.82.1.1, exceeds the aggregate of

(a)  the aggregate of the following amounts that is multiplied, if the corporation has an establishment situated outside Québec, by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771:

i.  8% of the lesser of the amount the corporation deducts in computing its taxable income for the year under section 737.18.26 and the amount by which the amount that would be determined in its respect for the year under section 771.2.1.2 if no reference were made to section 771.2.6 and if, for the purposes of paragraph b of section 771.2.1.2, its taxable income for the year were computed without reference to section 737.18.26, exceeds the amount that would be determined in its respect for the year under section 771.2.1.2 if the corporation were to deduct, in computing its taxable income, all of the amount that, but for section 737.18.26.1, would be determined under section 737.18.26, and

ii.  11.9% of the amount by which the amount that the corporation deducts in computing its taxable income for the year under section 737.18.26 exceeds the excess amount determined in subparagraph i;

(b)  the amount of tax that would be payable by the corporation under Part IV for the year if its paid-up capital for the purposes of that Part were equal to the amount it deducted for the year under section 1138.2.3, that is multiplied, if the corporation has an establishment situated outside Québec, by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771; and

(c)  the amount that would be payable by the corporation as the contribution provided for in section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount, representing a proportion of wages paid or deemed to be paid in the year, for which no contribution is payable under the sixth paragraph of section 34 of that Act.

2010, c. 25, s. 148.

1029.8.36.72.82.4. The agreement to which subparagraph a of the second paragraph of sections 1029.8.36.72.82.3 and 1029.8.36.72.82.3.3 refers in respect of a calendar year means an agreement under which all of the qualified corporations that are carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year (in this section called the “group of associated corporations”), attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, must not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee of the corporation, exceeds the aggregate of all amounts each of which is,

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations, the corporation carried on a business in Québec the activities of which were described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee of the qualified corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the base period of a qualified corporation that is a member of the group at the end of the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued for the year, for the purposes of this division and in respect of a recognized business, to a qualified corporation that is a member of the group, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a pay period that ended in a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group.

However, for the purposes of the first paragraph, where the calendar year referred to in the first paragraph is the calendar year 2003 and the base period of a qualified corporation that is a member of the group of associated corporations is the calendar year 2001, the following rules apply:

(a)  the amount determined in accordance with subparagraph ii of subparagraph a or c of the first paragraph, in respect of the corporation, is deemed to be equal to 90% of the salary or wages otherwise determined; and

(b)  the corporation’s base amount is deemed to be equal to 90% of that amount otherwise determined.

2004, c. 21, s. 412; 2005, c. 23, s. 202; 2006, c. 36, s. 173; 2009, c. 15, s. 288; 2010, c. 25, s. 149.

1029.8.36.72.82.4.1. The agreement to which subparagraph b of the second paragraph of section 1029.8.36.72.82.3 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee of the corporation, to the extent that the salary or wages may reasonably be attributed to activities of the employee that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is,

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations, the corporation carried on a business in Québec the activities of which were described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee of the qualified corporation, to the extent that the salary or wages may reasonably be attributed to activities of the employee that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1;

(b)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the amount that would be the base amount of such a corporation if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of that section were considered; and

(c)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of that section were considered, or the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of that section, exceeds the total of

i.  the aggregate of all amounts each of which would be the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of that section were considered, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the base period of a qualified corporation that is a member of the group at the end of the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued for the year, for the purposes of this division and in respect of a recognized business, to a qualified corporation that is a member of the group and that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a pay period that ended in a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group.

2005, c. 23, s. 203; 2006, c. 36, s. 174; 2010, c. 25, s. 150.

1029.8.36.72.82.4.2. The agreement to which subparagraph b of the second paragraph of section 1029.8.36.72.82.3.3 refers in respect of a calendar year means an agreement under which all of the qualified corporations that are carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year (in this section called the “group of associated corporations”), attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, must not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee of the corporation, to the extent that the salary or wages may reasonably be attributed to a given activity (hereinafter referred to as a “recognized activity in respect of a resource region”) that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1, exceeds the aggregate of all amounts each of which is,

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in the base period of a qualified corporation that is a member of the group of associated corporations, the corporation carried on a business in Québec the activities of which were described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in its base period, for which the employee is an eligible employee of the qualified corporation, to the extent that the salary or wages may reasonably be attributed to a recognized activity in respect of a resource region;

(b)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the amount that would be the base amount of such a corporation if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered; and

(c)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, or the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are recognized activities in respect of a resource region and that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

i.  the aggregate of all amounts each of which would be the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the base period of a qualified corporation that is a member of the group at the end of the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are recognized activities in respect of a resource region and that are described in a qualification certificate issued for the year, for the purposes of this division and in respect of a recognized business, to a qualified corporation that is a member of the group, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a pay period that ended in a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group.

2010, c. 25, s. 151.

1029.8.36.72.82.5. If the aggregate of the amounts attributed, in respect of a calendar year, in an agreement referred to in subparagraph a or b of the second paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3, as the case may be, and entered into with the qualified corporations that are carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the least of the excess amounts determined for that calendar year in respect of those corporations under any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.82.4 or under any of paragraphs a to c of section 1029.8.36.72.82.4.1 or 1029.8.36.72.82.4.2, as the case may be, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3, as the case may be, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of the amounts attributed for the calendar year in the agreement.

2004, c. 21, s. 412; 2005, c. 23, s. 204; 2009, c. 15, s. 289; 2010, c. 25, s. 152.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2004, c. 21, s. 412; 2006, c. 13, s. 161.

1029.8.36.72.82.6. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, the following rules apply, subject to the second and third paragraphs:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.1 and in subparagraph i of subparagraphs a and a.1 of the first paragraph of any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and paid by the qualified corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraphs a and a.1 of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 and paid by a corporation associated with the qualified corporation, are to be reduced, if applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations and referred to in any of sections 1029.8.36.72.82.4, 1029.8.36.72.82.4.1 and 1029.8.36.72.82.4.2, is to be reduced, if applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a pay period that ended in the qualified corporation’s base period, and determined for the purpose of computing the particular amount referred to in subparagraph a of the first paragraph of any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, in relation to the qualified corporation, for a calendar year ending in a taxation year, may not exceed the aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, as the case may be, in respect of a pay period that ended in the calendar year, and determined for the purpose of computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3, as the case may be, in relation to the qualified corporation, for that calendar year.

The aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a pay period that ended in the qualified corporation’s base period, and determined for the purpose of computing the particular amount referred to in subparagraph a.1 of the first paragraph of any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, in relation to the qualified corporation, for a calendar year ending in a taxation year, may not exceed the aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, as the case may be, in respect of a pay period that ended in the calendar year, and determined for the purpose of computing the particular amount referred to in subparagraph a.1 of the first paragraph of any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, as the case may be, in relation to the qualified corporation, for that calendar year.

2004, c. 21, s. 412; 2005, c. 23, s. 205; 2006, c. 13, s. 162; 2009, c. 15, s. 290; 2010, c. 25, s. 153.

1029.8.36.72.82.6.1. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3, the amount, determined otherwise but without reference to subparagraphs i and iii of subparagraphs a and b of the first paragraph of section 1029.8.36.72.82.6 and section 1029.8.36.72.82.10, of a salary or wages referred to in the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, in the portion of subparagraph i of subparagraph a of the first paragraph of each of sections 1029.8.36.72.82.2 and 1029.8.36.72.82.3 before subparagraph 1, in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 before subparagraph 1 or in the portion of each of subparagraphs a and c of the first paragraph of section 1029.8.36.72.82.4 before subparagraph i, that is paid, in respect of a pay period that ended in the calendar year 2008, 2009 or 2010, by the qualified corporation or by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee and that may reasonably be attributed to activities that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation, for the year, in respect of a recognized business that it carries on in a resource region, is deemed to be equal to

(a)  98% of that amount if the calendar year is the year 2008;

(b)  96% of that amount if the calendar year is the year 2009; and

(c)  94% of that amount if the calendar year is the year 2010.

2009, c. 5, s. 445; 2009, c. 15, s. 291; 2010, c. 25, s. 154.

1029.8.36.72.82.6.2. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3, the amount, determined otherwise but without reference to subparagraphs i and iii of subparagraphs a and b of the first paragraph of section 1029.8.36.72.82.6 and section 1029.8.36.72.82.10, of a salary or wages referred to in the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, in the portion of subparagraph i of subparagraphs a and a.1 of the first paragraph of each of sections 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 before subparagraph 1, in the portion of subparagraph ii of subparagraphs a and a.1 of the first paragraph of section 1029.8.36.72.82.3.3 before subparagraph 1 or in the portion of each of subparagraphs a and c of the first paragraph of each of sections 1029.8.36.72.82.4 and 1029.8.36.72.82.4.2 before subparagraph i, that is paid, in respect of a pay period that ended in a calendar year subsequent to the calendar year 2009, by the qualified corporation or by another corporation with which the qualified corporation is associated at the end of the calendar year, to an employee and that may reasonably be attributed to recognized activities in respect of a resource region that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation, for the year, in respect of a recognized business that it carries on in a resource region, is deemed to be equal to

(a)  94% of that amount if the calendar year is the year 2010;

(b)  92% of that amount if the calendar year is the year 2011;

(c)  90% of that amount if the calendar year is the year 2012;

(d)  88% of that amount if the calendar year is the year 2013;

(e)  86% of that amount if the calendar year is the year 2014; and

(f)  84% of that amount if the calendar year is the year 2015.

For the purposes of the first paragraph, a recognized activity in respect of a resource region is a given activity that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1.

2010, c. 25, s. 155.

1029.8.36.72.82.7. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.6, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a or a.1 of the first paragraph of any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.82.6, the excess amount referred to in subparagraph a or c of the first paragraph of section 1029.8.36.72.82.4 or in any of paragraphs a to c of section 1029.8.36.72.82.4.1 or 1029.8.36.72.82.4.2, as the case may be, determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2004, c. 21, s. 412; 2005, c. 23, s. 206; 2009, c. 15, s. 292; 2010, c. 25, s. 156.

1029.8.36.72.82.8. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

2004, c. 21, s. 412.

1029.8.36.72.82.9. If, after the beginning of the winding-up of a subsidiary, within the meaning of section 556, to which the rules in sections 556 to 564.1 and 565 apply, the parent corporation, within the meaning of section 556, begins to carry on a business the subsidiary was carrying on before the beginning of the winding-up, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which ends the calendar year in which the winding-up began and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

2004, c. 21, s. 412; 2005, c. 23, s. 207; 2006, c. 36, s. 175.

1029.8.36.72.82.10. Subject to sections 1029.8.36.72.82.8 and 1029.8.36.72.82.9, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business that could qualify as a recognized business if it were carried on in a designated region, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is not associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a particular corporation is deemed to have paid to the Minister under this division for the particular taxation year:

(a)  if the particular corporation is the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.4, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × D × E,

i.1.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, that may reasonably be attributed to activities of the employee that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.2 and 1029.8.36.72.82.3 and subparagraph ii of paragraph a of section 1029.8.36.72.82.4.1, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on such activities were considered,

i.2.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, that may reasonably be attributed to a given activity (in this section referred to as a “recognized activity in respect of a resource region”) that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and subparagraph ii of paragraph a of section 1029.8.36.72.82.4.2, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on such an activity were considered,

ii.   the base amount of the vendor is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

B × D × E,

iii.  the amount that would be the base amount of the vendor if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, is deemed to be equal to the amount by which the amount otherwise determined without reference to subparagraph ii exceeds the amount that would be determined by the formula in subparagraph ii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on such activities were considered, and

iv.  the amount that would be the base amount of the vendor if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, is deemed to be equal to the amount by which the amount otherwise determined without reference to subparagraph ii exceeds the amount that would be determined by the formula in subparagraph ii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on such an activity were considered;

(b)  if the particular corporation is a corporation with which the vendor was associated at the end of the particular calendar year, the following rules apply:

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.82.4, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i exceeds the amount determined by the formula

C × D × E,

ii.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.1, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

iii.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.2, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph iii exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered;

(c)  if the particular corporation is the purchaser, the purchaser is deemed

i.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.4, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee, after the particular time, in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

i.1.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2, subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or subparagraph ii of paragraph a of section 1029.8.36.72.82.4.1, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount that is the proportion of the aggregate, in subparagraph ii.1 referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee, after the particular time, in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

i.2.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2, subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or subparagraph ii of paragraph a of section 1029.8.36.72.82.4.2, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount that is the proportion of the aggregate (in subparagraph ii.2 referred to as the “particular aggregate”) of all amounts each of which is the salary or wages paid by the purchaser to an employee, after the particular time, in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that are recognized activities in respect of a resource region, that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or subparagraph a of the first paragraph of section 1029.8.36.72.82.4, as the case may be, to employees in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount by which the amount determined pursuant to subparagraph i exceeds the amount of the particular aggregate,

ii.1.  to have paid, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2, subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or paragraph a of section 1029.8.36.72.82.4.1, as the case may be, to employees in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount by which the amount determined pursuant to subparagraph i.1 exceeds the amount of the particular aggregate,

ii.2.  to have paid, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2, subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or paragraph a of section 1029.8.36.72.82.4.2, as the case may be, to employees, in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount by which the amount determined pursuant to subparagraph i.2 exceeds the amount of the particular aggregate,

iii.  to have a base amount equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages that the purchaser paid to an employee after the particular time in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside a designated region of the purchaser and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business,

iii.1.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and if no reference were made to subparagraph iii or this subparagraph iii.1, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph v referred to as the “particular aggregate”, of all amounts each of which is the salary or wages that the purchaser paid to an employee after the particular time in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside a designated region of the purchaser and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business,

iii.2.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and if no reference were made to subparagraph iii or this subparagraph iii.2, and

(2)  the amount that is the proportion of the aggregate (in subparagraph 2 of subparagraph vi referred to as the “particular aggregate”) of all amounts each of which is the salary or wages that the purchaser paid to an employee after the particular time in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside a designated region of the purchaser and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that are recognized activities in respect of a resource region, that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business,

iv.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii exceeds the amount of the particular aggregate,

v.  to have an amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, and if no reference were made to subparagraph iv or this subparagraph v, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii.1 exceeds the amount of the particular aggregate, and

vi.  to have an amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and if no reference were made to subparagraph iv or this subparagraph vi, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii.2 exceeds the amount of the particular aggregate; and

(d)  if the particular corporation is a corporation that is associated with the purchaser at the end of the particular calendar year, the following rules apply:

i.  the purchaser is deemed, for the purposes of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 or subparagraph c of the first paragraph of section 1029.8.36.72.82.4, to have paid to the employees that are referred to therein

(1)  in respect of a pay period that ended in the particular corporation’s base period, the amount that is the proportion of the aggregate, in subparagraph 2 referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation in relation to the particular calendar year, in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 1, in relation to a recognized business carried on by a corporation other than the particular corporation, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

(2)  in respect of a pay period that ended in the particular calendar year, the amount by which the amount determined pursuant to subparagraph 1 exceeds the amount of the particular aggregate,

ii.  the purchaser is deemed, for the purposes of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or paragraph c of section 1029.8.36.72.82.4.1, to have paid to the employees that are referred to therein

(1)  in respect of a pay period that ended in the particular corporation’s base period, the amount that is the proportion of the aggregate, in subparagraph 2 referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation in relation to the particular calendar year, in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, that began or increased at the particular time, and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 1, in relation to a recognized business carried on by a corporation other than the particular corporation, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

(2)  in respect of a pay period that ended in the particular calendar year, the amount by which the amount determined pursuant to subparagraph 1 exceeds the amount of the particular aggregate, and

iii.  the purchaser is deemed, for the purposes of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or paragraph c of section 1029.8.36.72.82.4.2, to have paid to employees that are referred to therein

(1)  in respect of a pay period that ended in the particular corporation’s base period, the amount that is the proportion of the aggregate (in subparagraph 2 referred to as the “particular aggregate”) of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation in relation to the particular calendar year, in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that are recognized activities in respect of a resource region, that began or increased at the particular time, and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 1, in relation to a recognized business carried on by a corporation other than the particular corporation, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

(2)  in respect of a pay period that ended in the particular calendar year, the amount by which the amount determined pursuant to subparagraph 1 exceeds the amount of the particular aggregate.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is

i.  the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular corporation’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside a designated region of the vendor and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation for the year in respect of a recognized business;

(c)  C is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular corporation’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation for the year in respect of a recognized business, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another corporation that carries on a recognized business;

(d)  D is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to c, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(e)  E is,

i.  if this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year and the vendor’s business referred to in the first paragraph is a business carried on on a seasonal basis, the proportion that the number of days in the particular calendar year that are included in the period during which such a business is ordinarily carried on on a seasonal basis and that follow the particular time is of the number of days in that period,

ii.  if this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year and the vendor’s business referred to in the first paragraph is not a business carried on on a seasonal basis, the proportion that the number of days in the particular calendar year that follow the particular time is of 365, and

iii.  in any other case, 1.

For the purposes of this section, if the amount of the particular aggregate that is determined in respect of the purchaser in relation to particular activities and that is referred to in subparagraph i of subparagraph c of the first paragraph and subparagraph 2 of subparagraph iii of that subparagraph c or subparagraph i.1 or i.2 of subparagraph c of the first paragraph and subparagraph 2 of subparagraph iii.1 or iii.2 of that subparagraph c, in the case where the purchaser is the particular corporation, or subparagraph 1 of subparagraph i of subparagraph d of the first paragraph or subparagraph 1 of subparagraph ii or iii of that subparagraph d, in the case where the purchaser is associated with the particular corporation at the end of the particular calendar year, is equal to zero, the particular time of the particular calendar year, otherwise determined, is deemed, in respect of the purchaser and in relation to the particular activities, to be 1 January of the following calendar year.

Subject to the third paragraph and for the purposes of this section, if the vendor’s business referred to in the first paragraph is a business carried on on a seasonal basis, the proportion that 365 is of the number of days in the particular calendar year during which the purchaser carried on the activities described in that paragraph, which proportion is referred to in subparagraph i of subparagraph c of the first paragraph and in subparagraph 2 of subparagraph iii of that subparagraph c or in subparagraph i.1 or i.2 of subparagraph c of the first paragraph and in subparagraph 2 of subparagraph iii.1 or iii.2 of that subparagraph c, in the case where the purchaser is the particular corporation, or in subparagraph 1 of subparagraph i of subparagraph d of the first paragraph or in subparagraph 1 of subparagraph ii or iii of that subparagraph d, in the case where the purchaser is associated with the particular corporation at the end of the particular calendar year, is to be replaced,

(a)  if the activities described in the first paragraph relate to a recognized business of the vendor, by the proportion that the number of days that are in the vendor’s base period and in respect of which the vendor paid a salary or wages to an eligible employee in the course of carrying on the business on a seasonal basis is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis;

(b)  if the activities described in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, by the proportion that the number of days that are in the purchaser’s base period and in respect of which the vendor paid a salary or wages, in the course of carrying on the business on a seasonal basis, to an employee who reports for work at an establishment of the vendor situated in Québec and who spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of the recognized business is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis; and

(c)  if the activities described in the first paragraph relate neither to a recognized business of the vendor nor to a recognized business of the purchaser but relate to a recognized business of another corporation with which the purchaser is associated at the end of the particular calendar year, by the proportion that the number of days that are in the other corporation’s base period and in respect of which the vendor paid a salary or wages, in the course of carrying on the business on a seasonal basis, to an employee who reports for work at an establishment of the vendor situated in Québec and who spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued to the other corporation, for the purposes of this division, for the year in respect of the recognized business is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis.

2004, c. 21, s. 412; 2005, c. 23, s. 208; 2006, c. 36, s. 176; 2009, c. 5, s. 446; 2009, c. 15, s. 293; 2010, c. 25, s. 157.

1029.8.36.72.82.10.1. Subject to sections 1029.8.36.72.82.8 and 1029.8.36.72.82.9, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business that could qualify as a recognized business if it were carried on in a designated region, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a particular corporation is deemed to have paid to the Minister under this division for the particular taxation year:

(a)  if the particular corporation is the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.4, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × G,

ii.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, that may reasonably be attributed to activities of the employee that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.2 and 1029.8.36.72.82.3 and subparagraph ii of paragraph a of section 1029.8.36.72.82.4.1, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on such activities were considered,

ii.1.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, that may reasonably be attributed to a given activity (in this section referred to as a “recognized activity in respect of a resource region”) that is not an activity described in any of paragraphs a and b to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, an activity that is carried on in a region described in paragraph a.1 or e of the definition of that expression, enacted by subparagraph b.1 of the seventh paragraph of section 1029.8.36.72.82.1, and that is described in that paragraph a.1 or e, or an activity described in the definition of “Saguenay–Lac-Saint-Jean region” in the first paragraph of section 1029.8.36.72.82.1, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and subparagraph ii of paragraph a of section 1029.8.36.72.82.4.2, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on such an activity were considered,

iii.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, is deemed, for the purposes of subparagraph i of subparagraph a of the first paragraph of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and subparagraph a of the first paragraph of section 1029.8.36.72.82.4, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

B × G,

iv.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, that may reasonably be attributed to activities of the employee that are referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, is deemed, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.2 and 1029.8.36.72.82.3 and paragraph a of section 1029.8.36.72.82.4.1, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on such activities were considered,

iv.1.  the aggregate of all amounts each of which is the portion of a salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, that may reasonably be attributed to a given activity of the employee that is a recognized activity in respect of a resource region, is deemed, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of sections 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3 and paragraph a of section 1029.8.36.72.82.4.2, to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on such an activity were considered,

v.  the base amount of the vendor is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

C × G,

vi.  the amount that would be the vendor’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, is deemed to be equal to the amount by which that amount determined without reference to subparagraph v exceeds the amount that would be determined by the formula in subparagraph v if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on such activities were considered,

vi.1.  the amount that would be the vendor’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, is deemed to be equal to the amount by which that amount determined without reference to subparagraph v exceeds the amount that would be determined by the formula in subparagraph v if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on such an activity were considered,

vii.  the eligible amount of the vendor for the particular calendar year is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

D × G,

viii.  the amount that would be the vendor’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, is deemed to be equal to the amount by which that amount determined without reference to subparagraph vii exceeds the amount that would be determined by the formula in subparagraph vii if, for the purposes of subparagraph d of the second paragraph, only the employees of the vendor who carry on such activities were considered, and

ix.  the amount that would be the vendor’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, is deemed to be equal to the amount by which that amount determined without reference to subparagraph vii exceeds the amount that would be determined by the formula in subparagraph vii if, for the purposes of subparagraph d of the second paragraph, only the employees of the vendor who carry on such an activity were considered;

(b)  if the particular corporation is a corporation with which the vendor was associated at the end of the particular calendar year, the following rules apply:

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.82.4, as the case may be, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i exceeds the amount determined by the formula

E × G,

ii.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.1, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph e of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered,

ii.1.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.2, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph ii.1 exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph e of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered,

iii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 before subparagraph 1 or in the portion of subparagraph c of the first paragraph of section 1029.8.36.72.82.4 before subparagraph i, as the case may be, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph iii exceeds the amount determined by the formula

F × G,

iv.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.4.1 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph exceeds the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph f of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

v.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.4.2 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph v exceeds the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph f of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered;

(c)  if the particular corporation is the purchaser, the purchaser is deemed

i.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.4, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount determined by the formula

A × G,

ii.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2 or 1029.8.36.72.82.3 or subparagraph ii of paragraph a of section 1029.8.36.72.82.4.1, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered,

ii.1.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or subparagraph ii of paragraph a of section 1029.8.36.72.82.4.2, as the case may be, to employees, in respect of a pay period, ended in the purchaser’s base period, for which the employees are eligible employees, the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered,

iii.  to have paid, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or subparagraph a of the first paragraph of section 1029.8.36.72.82.4, as the case may be, to employees in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount determined by the formula

B × G,

iv.  to have paid, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.2 or 1029.8.36.72.82.3 or paragraph a of section 1029.8.36.72.82.4.1, as the case may be, to employees in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered,

iv.1.  to have paid, for the purposes of subparagraph i of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3 or paragraph a of section 1029.8.36.72.82.4.2, as the case may be, to employees, in respect of a pay period, ended in the particular calendar year, for which the employees are eligible employees, the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered,

v.  to have a base amount equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, and

(2)  the amount determined by the formula

C × G,

vi.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, and if no reference were made to subparagraph v or this subparagraph vi, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph v if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered,

vi.1.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and if no reference were made to subparagraph v or this subparagraph vi.1, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph v if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered,

vii.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount determined by the formula

D × G,

viii.  to have an amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to activities referred to in any of paragraphs a to d of the definition of “eligible region” in that first paragraph were considered, and if no reference were made to subparagraph vii or this subparagraph viii, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph vii if, for the purposes of subparagraph d of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

ix.  to have an amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, that is equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.1, only the portion of the salary or wages of an employee that may reasonably be attributed to a recognized activity in respect of a resource region were considered, and if no reference were made to subparagraph vii or this subparagraph ix, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph vii if, for the purposes of subparagraph d of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered; and

(d)  if the particular corporation is a corporation that is associated with the purchaser at the end of the particular calendar year, the following rules apply:

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 or in subparagraph ii of subparagraph c of the first paragraph of section 1029.8.36.72.82.4, as the case may be, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph i, and

(2)  the amount determined by the formula

E × G,

ii.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.1, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph ii, and

(2)  the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph e of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered,

ii.1.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.4.2, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph ii.1, and

(2)  the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph e of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered,

iii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 before subparagraph 1 or in the portion of subparagraph c of the first paragraph of section 1029.8.36.72.82.4 before subparagraph i, as the case may be, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph iii for the particular calendar year, and

(2)  the amount determined by the formula

F × G,

iv.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.4.1 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph iv for the particular calendar year, and

(2)  the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph f of the second paragraph, only the employees of the vendor who carry on activities referred to in any of paragraphs a to d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1 were considered, and

v.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.3 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.4.2 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph v for the particular calendar year, and

(2)  the amount that would be determined by the formula in subparagraph iii if, for the purposes of subparagraph f of the second paragraph, only the employees of the vendor who carry on a recognized activity in respect of a resource region were considered.

In the formulas in subparagraphs a to d of the first paragraph,

(a)  A is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph i of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, and

ii.  for the purposes of subparagraph i of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the purchaser’s base period, in which the employee reports for work at an establishment of the vendor situated in a designated region of the vendor and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(b)  B is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph iii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, and

ii.  for the purposes of subparagraph iii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in a designated region of the vendor and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(c)  C is the aggregate of all amounts each of which is

i.  for the purposes of subparagraph v of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, or the salary or wages of an employee of the vendor paid by the vendor in respect of a pay period, ended in the vendor’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside a designated region of the vendor and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph v of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the vendor’s base period, for which the employee is an eligible employee, or the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the vendor’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside a designated region of the vendor and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the purchaser’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(d)  D is the aggregate of all amounts each of which is

i.  for the purposes of subparagraph vii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages paid by the vendor to an employee in respect of a pay period that ended in the particular calendar year, other than an eligible employee of the vendor for the pay period, if, in that pay period, the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph vii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages paid by the vendor to an employee in respect of a pay period that ended in the particular calendar year, other than an eligible employee of the vendor for the pay period, if, in that pay period, the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(e)  E is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular corporation’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation for the year in respect of a recognized business, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another corporation that carries on a recognized business;

(f)  F is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation for the year in respect of a recognized business, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another corporation that carries on a recognized business; and

(g)  G is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to f, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time.

2005, c. 23, s. 209; 2006, c. 36, s. 177; 2009, c. 5, s. 447; 2009, c. 15, s. 294; 2010, c. 25, s. 158.

1029.8.36.72.82.10.2. For the purposes of sections 1029.8.36.72.82.10 and 1029.8.36.72.82.10.1, to determine whether a vendor and a purchaser are associated with each other at a particular time, the following rules apply:

(a)  if the vendor or purchaser is an individual, other than a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which are owned at the particular time by the individual;

(b)  if the vendor or purchaser is a partnership, the vendor or purchaser is deemed to be a corporation whose taxation year corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at the particular time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes the particular time; and

(c)  if the vendor or purchaser is a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this paragraph referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the particular time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the particular time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the particular time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the particular time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the particular time by the person referred to in that section from whom property of the trust or property for which it was substituted was directly or indirectly received.

2005, c. 23, s. 209; 2009, c. 5, s. 448; 2009, c. 15, s. 295.

1029.8.36.72.82.11. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or fiscal period in which the base period of a particular corporation ends, and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.82.6, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period of the particular corporation, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2004, c. 21, s. 412.

1029.8.36.72.82.12. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2004, c. 21, s. 412.

DIVISION II.6.6.6.2 CREDIT FOR JOB CREATION IN THE GASPÉSIE AND CERTAIN MARITIME REGIONS OF QUÉBEC IN THE FIELDS OF MARINE BIOTECHNOLOGY, MARICULTURE AND MARINE PRODUCTS PROCESSING

2005, c. 23, s. 210; 2010, c. 25, s. 159.

§ 1 . — Definitions and general

2005, c. 23, s. 210.

1029.8.36.72.82.13. In this division,

“base amount” of a corporation means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, if, at no time in its base period, the corporation carried on a business in Québec in the sectors of activity described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business; and

(b)  in any other case, the aggregate of all amounts each of which is the salary or wages of an employee that were paid by the corporation in respect of a pay period, ended in its base period, in which the employee reports for work at an establishment of the corporation situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business;

“base period” of a corporation means the calendar year preceding the calendar year in which the eligibility period of the corporation begins;

“eligibility period” of a corporation means, subject to the third paragraph, the period that begins on 1 January of the first calendar year referred to in the first unrevoked qualification certificate issued to the corporation or deemed obtained by it, in relation to a recognized business, for the purposes of this division or, if the recognized business is referred to in paragraph b of the definition of “eligible region”, for the purposes of Division II.6.6.6.1 or II.6.6.4, and that ends on 31 December 2015;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a pay period, ended in the year, for which the employee is an eligible employee; or

(b)  the salary or wages of an employee, other than an employee referred to in paragraph a, that were paid by the corporation in respect of a pay period, ended in the year, in which the employee reports for work at an establishment of the corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in a qualification certificate issued, for the purposes of this division, to the corporation for the year in respect of a recognized business;

“eligible employee” of a corporation, for a pay period that ended in a calendar year, means an employee who, in that period, reports for work at an establishment of the employer situated in an eligible region and in respect of whom a qualification certificate, in relation to that period, is issued to the corporation by Investissement Québec for the purposes of this division;

“eligible region” means

(a)  in respect of a recognized business whose activities described in a qualification certificate, issued to a corporation for the purposes of this division, are the manufacturing or processing of finished or semi-finished products in the field of marine biotechnology or mariculture, or activities related to such manufacturing or processing activities, one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (R.R.Q., c. D-11, r. 1):

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 09 Côte-Nord, or

iii.  administrative region 11 Gaspésie–Îles-de-la-Madeleine; and

(b)  for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which a calendar year subsequent to the calendar year 2010 ends and, if the corporation has not made the election provided for in section 1029.8.36.72.82.3.1.1, for its taxation year in which the calendar year 2010 ends, in respect of a recognized business whose activities described in a qualification certificate, issued to the corporation for the purposes of this division, are the processing of marine products, or activities related to such processing activities, the Municipalité régionale de comté de Matane or one of the administrative regions referred to in subparagraphs ii and iii of paragraph a and described in the order in council referred to in paragraph a;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  if the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.18, that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.14 that relates to a calendar year preceding the calendar year ending in the taxation year, except to the extent that subparagraph a.1 applies to the repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.14 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(a.1)  if the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.18, that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.14 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.14 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  if a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.18 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.15 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, except to the extent that paragraph b.1 applies to the repayment, the amount by which the particular amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(b.1)  if a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.82.18 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the particular amount that would have been determined under that subparagraph a.1 in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

(c)  if a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.18 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the aggregate and the excess amount referred to in paragraphs a and c, respectively, of section 1029.8.36.72.82.16 and determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, except to the extent that paragraph d applies to the repayment, the amount by which the particular amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.82.16 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined in accordance with section 1029.8.36.72.82.16 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(d)  if a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.82.18 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the aggregate and the excess amount referred to in paragraphs a and c, respectively, of section 1029.8.36.72.82.16.1 and determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the particular amount that would have been determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.82.16.1 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined in accordance with section 1029.8.36.72.82.16.1 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the particular amount determined under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends; or

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192;

“recognized business” of a corporation means a business carried on in a calendar year by the corporation in an eligible region and in respect of which a qualification certificate is issued for the year by Investissement Québec for the purposes of this division;

“salary or wages” means the income computed under Chapters I and II of Title II of Book III, but does not include,

(a)  for an employee whose activities relate to the commercialization of activities or products of a recognized business, directors’ fees, premiums, compensation for hours worked in addition to normal working hours or benefits referred to in Division II of Chapter II of Title II of Book III; or

(b)  for all other employees, directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III.

For the purposes of this division,

(a)  if, during a pay period that ended in a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed,

i.  unless subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec;

(a.1)  if, during a pay period that ended in a calendar year, an employee reports for work at an establishment of a qualified corporation situated in an eligible region and at an establishment of the qualified corporation situated outside the eligible region, the employee is, for that period, deemed,

i.  unless subparagraph ii applies, to report for work only at the establishment situated in the eligible region, or

ii.  to report for work only at the establishment situated outside the eligible region if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the eligible region; and

(b)  if, during a pay period that ended in a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

If Investissement Québec cancels a qualification certificate issued, for the purposes of this division, to a corporation, in relation to a recognized business the corporation carries on in an eligible region, because of a major unforeseen event affecting the recognized business, the qualification certificate is deemed not to have been so cancelled, for the purpose of determining the eligibility period of the corporation, if the corporation has resumed carrying on the recognized business in a municipality more than 40 km away from the municipality in which the recognized business was carried on before the major unforeseen event occurred.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2005, c. 23, s. 210; 2006, c. 13, s. 163; 2006, c. 36, s. 178; 2009, c. 15, s. 296; 2010, c. 25, s. 160.

§ 2 . — Credits

2005, c. 23, s. 210.

1029.8.36.72.82.14. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to the aggregate of

(a)  40% of the particular amount that is the amount by which the particular amount determined for the calendar year in accordance with subparagraph a.1 is exceeded by the lesser of

i.  the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount;

(a.1)  20% of the particular amount that is the least of

i.  the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to an activity referred to in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13,

ii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity referred to in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, and

iii.  the lesser of the amount determined for the calendar year in accordance with subparagraph i of subparagraph a and the amount determined for that year in accordance with subparagraph ii of subparagraph a; and

(b)  the aggregate of

i.  20% of the portion of the corporation’s eligible repayment of assistance for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount referred to in any of paragraphs a.1, b.1 and d of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.13, and

ii.  40% of the amount by which the corporation’s eligible repayment of assistance for the taxation year exceeds the portion of the corporation’s eligible repayment of assistance for the taxation year determined in accordance with subparagraph i.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business and its eligible employees.

2005, c. 23, s. 210; 2010, c. 25, s. 161.

1029.8.36.72.82.15. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to the aggregate of

(a)  subject to the second paragraph, 40% of the particular amount that is the amount by which the particular amount determined for the calendar year in accordance with subparagraph a.1 is exceeded by the least of

i.  the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of the qualified corporation’s eligible amount for the calendar year and the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

(1)  the qualified corporation’s base amount, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the qualified corporation’s base amount;

(a.1)  subject to the second paragraph, 20% of the particular amount that is the least of

i.  the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee, to the extent that the salary or wages may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13,

ii.  the amount by which the aggregate of the amount that would be the qualified corporation’s eligible amount for the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, and of the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity of the other corporation that is described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that is described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13, exceeds the total of

(1)  the amount that would be the qualified corporation’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, ended in the qualified corporation’s base period, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity of the other corporation that is described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that is described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13,

iii.  the amount by which the amount that would be the qualified corporation’s eligible amount for the calendar year exceeds the amount that would be the qualified corporation’s base amount if, for the purposes of the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, and

iv.  the least of the amounts determined for the calendar year in accordance with subparagraphs i to iii of subparagraph a; and

(b)  the aggregate of

i.  20% of the portion of the corporation’s eligible repayment of assistance for the taxation year that may reasonably be attributed to the aggregate of all amounts each of which is an amount referred to in any of paragraphs a.1, b.1 and d of the definition of “eligible repayment of assistance” in the first paragraph of section 1029.8.36.72.82.13, and

ii.  40% of the amount by which the corporation’s eligible repayment of assistance for the taxation year exceeds the portion of the corporation’s eligible repayment of assistance for the taxation year determined in accordance with subparagraph i.

If the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the taxation year in which the calendar year ends, the following rules apply:

(a)  the least of the amounts determined under any of subparagraphs i to iii of subparagraph a of the first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.16; and

(b)  the particular amount determined, if applicable, under subparagraph a.1 of the first paragraph, in respect of the calendar year, may not exceed the amount that is attributed to it in respect of that year pursuant to the agreement referred to in section 1029.8.36.72.82.16.1.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of all unrevoked certificates and qualification certificates issued to the qualified corporation for the year in respect of a recognized business and its eligible employees; and

(c)  if the second paragraph applies, the agreement referred to in section 1029.8.36.72.82.16 and, if applicable, the agreement referred to in section 1029.8.36.72.82.16.1, filed in the prescribed form.

2005, c. 23, s. 210; 2006, c. 36, s. 179; 2010, c. 25, s. 162.

1029.8.36.72.82.16. The agreement to which subparagraph a of the second paragraph of section 1029.8.36.72.82.15 refers in respect of a calendar year means an agreement under which all of the qualified corporations that are carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee of the corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the base period of a qualified corporation that is a member of the group at the end of the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in a qualification certificate issued for the year, for the purposes of this division and in respect of a recognized business, to a qualified corporation that is a member of the group, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a pay period that ended in a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group.

2005, c. 23, s. 210; 2006, c. 36, s. 180; 2010, c. 25, s. 163.

1029.8.36.72.82.16.1. The agreement to which subparagraph b of the second paragraph of section 1029.8.36.72.82.15 refers in respect of a calendar year means an agreement under which all of the qualified corporations that are carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year (in this section called the “group of associated corporations”), attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, must not be greater than the least of

(a)  the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, ended in the calendar year, for which the employee is an eligible employee of the corporation, to the extent that the salary or wages may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13;

(b)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the amount that would be the base amount of such a corporation if, for the purposes of the definitions of “base amount” and “eligible amount“ in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered; and

(c)  the amount by which the aggregate of all amounts each of which is the amount that would be the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, or the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity of the other corporation that is described in a qualification certificate issued, for the purposes of this division, to the qualified corporation for the year in respect of a recognized business and that is described in paragraph b of the definition of “eligible region” in the first paragraph of that section, exceeds the total of

i.  the aggregate of all amounts each of which would be the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, ended in the base period of a qualified corporation that is a member of the group at the end of the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity of the other corporation that is described in a qualification certificate issued for the year, for the purposes of this division and in respect of a recognized business, to a qualified corporation that is a member of the group and that is described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13, unless an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a pay period that ended in a base period in relation to another recognized business carried on by a qualified corporation that is a member of the group.

2010, c. 25, s. 164.

1029.8.36.72.82.17. If the aggregate of the amounts attributed, in respect of a calendar year, in an agreement referred to in paragraph a or b of the second paragraph of section 1029.8.36.72.82.15 and entered into with the qualified corporations that are carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the least of the amounts determined for that calendar year in respect of those corporations under any of paragraphs a to c of section 1029.8.36.72.82.16 or any of paragraphs a to c of section 1029.8.36.72.82.16.1, as the case may be, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.82.15, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2005, c. 23, s. 210; 2010, c. 25, s. 165.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2005, c. 23, s. 210; 2006, c. 13, s. 164.

1029.8.36.72.82.18. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, in subparagraph i of subparagraphs a and a.1 of the first paragraph of section 1029.8.36.72.82.14 or in subparagraph i of subparagraphs a and a.1 of the first paragraph of section 1029.8.36.72.82.15 and paid by the qualified corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraphs a and a.1 of the first paragraph of section 1029.8.36.72.82.15 and paid by a corporation associated with the qualified corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations and referred to in section 1029.8.36.72.82.16 or 1029.8.36.72.82.16.1, is to be reduced, if applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a pay period that ended in the qualified corporation’s base period, and determined for the purpose of computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, in relation to the qualified corporation, for a calendar year ending in a taxation year, may not exceed the aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, in respect of a pay period that ended in that calendar year, and determined for the purpose of computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, in relation to the qualified corporation, for that calendar year.

The aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it, in respect of a pay period that ended in the qualified corporation’s base period, and determined for the purpose of computing the particular amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, in relation to the qualified corporation, for a calendar year ending in a taxation year, may not exceed the aggregate of the amounts referred to in the first paragraph that are to reduce the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, in respect of a pay period that ended in that calendar year, and determined for the purpose of computing the particular amount referred to in subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, in relation to the qualified corporation, for that calendar year.

2005, c. 23, s. 210; 2006, c. 13, s. 165; 2010, c. 25, s. 166.

1029.8.36.72.82.19. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, if that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.18, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a or a.1 of the first paragraph of section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.82.18, the aggregate and the excess amount referred to, respectively, in paragraphs a and c of section 1029.8.36.72.82.16 or paragraphs a to c of section 1029.8.36.72.82.16.1, as the case may be, and determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2005, c. 23, s. 210; 2010, c. 25, s. 167.

1029.8.36.72.82.20. If a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which ends the calendar year in which the amalgamation occurred and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

2005, c. 23, s. 210.

1029.8.36.72.82.21. If, after the beginning of the winding-up of a subsidiary, within the meaning of section 556, to which the rules in sections 556 to 564.1 and 565 apply, the parent corporation, within the meaning of section 556, begins to carry on a business the subsidiary was carrying on before the beginning of its winding-up, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which ends the calendar year in which the winding-up began and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

2005, c. 23, s. 210; 2006, c. 36, s. 181.

1029.8.36.72.82.22. Subject to sections 1029.8.36.72.82.20 and 1029.8.36.72.82.21, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business that could qualify as a recognized business if it were carried on in an eligible region, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is not associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a particular corporation is deemed to have paid to the Minister under this division for the particular taxation year:

(a)  if the particular corporation is the vendor,

i.  the base amount of the vendor is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × C × D, and

ii.  the amount that would be the base amount of the vendor if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph a of the second paragraph, only the employees of the vendor who carry on such an activity were considered;

(b)  if the particular corporation is a corporation with which the vendor was associated at the end of the particular calendar year,

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i exceeds the amount determined by the formula

B × C × D, and

ii.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16.1, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph ii exceeds the amount that would be determined in accordance with the formula in subparagraph i if, for the purposes of subparagraph b of the second paragraph, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered;

(c)  if the particular corporation is the purchaser, the purchaser is deemed

i.  to have a base amount equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the purchaser that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business,

i.1.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, otherwise determined, and

(2)  the amount that is the proportion of the aggregate (in subparagraph 2 of subparagraph iii referred to as the “particular aggregate”) of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity of the purchaser that is described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of a recognized business, and that is described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activity that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on the activity, unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business,

ii.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph i exceeds the amount of the particular aggregate, and

iii.  to have an amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, otherwise determined for the particular calendar year, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph i.1 exceeds the amount of the particular aggregate; and

(d)  if the particular corporation is a corporation that is associated with the purchaser at the end of the particular calendar year,

i.  the purchaser is deemed, for the purposes of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 or paragraph c of section 1029.8.36.72.82.16, to have paid to employees referred to therein

(1)  in respect of a pay period that ended in the particular corporation’s base period, the amount that is the proportion of the aggregate (in subparagraph 2 referred to as the “particular aggregate”) of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation, in relation to the particular calendar year, in respect of a recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 1, in relation to a recognized business carried on by a corporation other than the particular corporation, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

(2)  in respect of a pay period that ended in the particular calendar year, the amount by which the amount determined pursuant to subparagraph 1 exceeds the amount of the particular aggregate, and

ii.  the purchaser is deemed, for the purposes of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 or paragraph c of section 1029.8.36.72.82.16.1, to have paid to employees referred to therein

(1)  in respect of a pay period that ended in the particular corporation’s base period, the amount that is the proportion of the aggregate (in subparagraph 2 referred to as the “particular aggregate”) of all amounts each of which is the salary or wages of an employee that the purchaser paid after the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to an activity that is described in a qualification certificate issued, for the purposes of this division, to the particular corporation, in relation to the particular calendar year, in respect of a recognized business and that is described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activity that began or increased at the particular time and unless an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 1, in relation to a recognized business carried on by a corporation other than the particular corporation, that 365 is of the number of days in the particular calendar year during which the purchaser carried on the activity, and

(2)  in respect of a pay period that ended in the particular calendar year, the amount by which the amount determined pursuant to subparagraph 1 exceeds the amount of the particular aggregate.

In the formulas in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the vendor’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business;

(b)  B is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular corporation’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the particular corporation for the year in respect of a recognized business, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another corporation that carries on a recognized business;

(c)  C is the proportion that the number of the vendor’s employees referred to in subparagraph a or b, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(d)  D is,

i.  if this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year and the vendor’s business referred to in the first paragraph is a business carried on on a seasonal basis, the proportion that the number of days in the particular calendar year that are included in the period during which such a business is ordinarily carried on on a seasonal basis and that follow the particular time is of the number of days in that period,

ii.  if this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year and the vendor’s business referred to in the first paragraph is not a business carried on on a seasonal basis, the proportion that the number of days in the particular calendar year that follow the particular time is of 365, and

iii.  in any other case, 1.

For the purposes of this section, if the amount of the particular aggregate that is determined in respect of the purchaser in relation to particular activities and that is referred to in subparagraph 2 of subparagraphs i and i.1 of subparagraph c of the first paragraph, in the case where the purchaser is the particular corporation, or in subparagraph 1 of subparagraphs i and ii of subparagraph d of the first paragraph, in the case where the purchaser is associated with the particular corporation at the end of the particular calendar year, is equal to zero, the particular time of the particular calendar year, otherwise determined, is deemed, in respect of the purchaser and in relation to the particular activities, to be 1 January of the following calendar year.

Subject to the third paragraph and for the purposes of this section, if the vendor’s business referred to in the first paragraph is a business carried on on a seasonal basis, the proportion that 365 is of the number of days in the particular calendar year during which the purchaser carried on the activities described in the first paragraph, which proportion is referred to in subparagraph 2 of subparagraphs i and i.1 of subparagraph c of the first paragraph, in the case where the purchaser is the particular corporation, or in subparagraph 1 of subparagraphs i and ii of subparagraph d of the first paragraph, in the case where the purchaser is associated with the particular corporation at the end of the particular calendar year, is to be replaced,

(a)  if the activities described in the first paragraph relate to a recognized business of the vendor, by the proportion that the number of days that are in the vendor’s base period and in respect of which the vendor paid a salary or wages to an eligible employee in the course of carrying on the business on a seasonal basis is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis;

(b)  if the activities described in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, by the proportion that the number of days that are in the purchaser’s base period and in respect of which the vendor paid a salary or wages, in the course of carrying on the business on a seasonal basis, to an employee who reports for work at an establishment of the vendor situated in Québec and who spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued to the purchaser, for the purposes of this division, for the year in respect of the recognized business is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis; and

(c)  if the activities described in the first paragraph relate neither to a recognized business of the vendor nor to a recognized business of the purchaser but relate to a recognized business of another corporation with which the purchaser is associated at the end of the particular calendar year, by the proportion that the number of days that are in the other corporation’s base period and in respect of which the vendor paid a salary or wages, in the course of carrying on the business on a seasonal basis, to an employee who reports for work at an establishment of the vendor situated in Québec and who spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued to the other corporation, for the purposes of this division, for the year in respect of the recognized business is of the number of days in the particular calendar year during which the purchaser carried on those activities on a seasonal basis.

2005, c. 23, s. 210; 2006, c. 36, s. 182; 2009, c. 5, s. 449; 2010, c. 25, s. 168.

1029.8.36.72.82.23. Subject to sections 1029.8.36.72.82.20 and 1029.8.36.72.82.21, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business that could qualify as a recognized business if it were carried on in an eligible region, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a particular corporation is deemed to have paid to the Minister under this division for the particular taxation year:

(a)  if the particular corporation is the vendor,

i.  the base amount of the vendor is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × D,

i.1.  the amount that would be the vendor’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph i of subparagraph a of the second paragraph, only the employees of the vendor who carry on such an activity were considered,

ii.  the eligible amount of the vendor for the particular calendar year is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

B × D, and

iii.  the amount that would be the vendor’s eligible amount for the particular calendar year if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount that would be determined under subparagraph ii if, for the purposes of subparagraph i of subparagraph b of the second paragraph, only the employees of the vendor who carry on such an activity were considered;

(b)  if the particular corporation is a corporation with which the vendor was associated at the end of the particular calendar year, the following rules apply:

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph exceeds the amount determined by the formula

C × D,

i.1.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16.1, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i.1 exceeds the amount that would be determined by the formula in subparagraph i if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered,

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.16 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph exceeds the amount that would be determined for the particular calendar year by the formula in subparagraph i if subparagraph c of the second paragraph were read with “paid by the vendor in respect of a pay period, ended in the vendor’s base period” replaced by “paid by the vendor, before the particular time, in respect of a pay period that ended in the particular calendar year”, and

iii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.16.1 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph iii exceeds the amount that would be determined for the particular calendar year by the formula in subparagraph i if subparagraph c of the second paragraph were read as if “paid by the vendor in respect of a pay period, ended in the particular corporation’s base period” was replaced by “paid by the vendor, before the particular time, in respect of a pay period that ended in the particular calendar year”, and if, for the purposes of that subparagraph c, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered;

(c)  if the particular corporation is the purchaser, the purchaser is deemed

i.  to have a base amount equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, and

(2)  the amount determined by the formula

A × D,

i.1.  to have an amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, equal to the aggregate of

(1)  the amount that would be the purchaser’s base amount if, for the purposes of the definition of “base amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, otherwise determined, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph i if, for the purposes of subparagraph ii of subparagraph a of the second paragraph, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered,

ii.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount determined by the formula

B × D, and

iii.  to have an amount that would be the purchaser’s eligible amount if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, for the particular calendar year, equal to the aggregate of

(1)  the amount that would be the purchaser’s eligible amount if, for the purposes of the definition of “eligible amount” in the first paragraph of section 1029.8.36.72.82.13, only the portion of the salary or wages of an employee that may reasonably be attributed to an activity described in paragraph b of the definition of “eligible region” in the first paragraph of that section were considered, for the particular calendar year, otherwise determined, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph ii if, for the purposes of subparagraph ii of subparagraph b of the second paragraph, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered; and

(d)  if the particular corporation is a corporation that is associated with the purchaser at the end of the particular calendar year, the following rules apply:

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph i, and

(2)  the amount determined by the formula

C × D,

i.1.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 or in subparagraph ii of paragraph c of section 1029.8.36.72.82.16.1, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph i.1, and

(2)  the amount that would be determined by the formula in subparagraph 2 of subparagraph i if, for the purposes of subparagraph c of the second paragraph, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered,

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.82.15 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.16 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph ii for the particular calendar year, and

(2)  the amount that would be determined for the particular calendar year, in respect of the purchaser, by the formula in subparagraph 2 of subparagraph i if subparagraph c of the second paragraph were read with “paid by the vendor in respect of a pay period, ended in the vendor’s base period” replaced by “paid by the vendor, before the particular time, in respect of a pay period that ended in the particular calendar year, and

iii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.15 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.82.16.1 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph iii for the particular calendar year, and

(2)  the amount that would be determined for the particular calendar year, in respect of the purchaser, by the formula in subparagraph 2 of subparagraph i if subparagraph c of the second paragraph were read as if “paid by the vendor in respect of a pay period, ended in the particular corporation’s base period” was replaced by “paid by the vendor, before the particular time, in respect of a pay period that ended in the particular calendar year”, and if, for the purposes of that subparagraph c, only the employees of the vendor who carry on an activity described in paragraph b of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.13 were considered.

In the formulas in subparagraphs a to d of the first paragraph,

(a)  A is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph i of subparagraph a of the first paragraph, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the vendor’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph i of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the vendor’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the purchaser’s base period, in which the employee reports for work at an establishment of the vendor situated in an eligible region and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(b)  B is the aggregate of all amounts each of which is

i.  for the purposes of subparagraph ii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee before the particular time in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages paid by the vendor to an employee before the particular time in respect of a pay period within the particular calendar year, other than an eligible employee of the vendor for the pay period, if, in that pay period, the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph ii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee before the particular time in respect of a pay period, ended in the particular calendar year, for which the employee is an eligible employee, or the salary or wages paid by the vendor to an employee before the particular time in respect of a pay period within the particular calendar year, other than an eligible employee of the vendor for the pay period, if, in that pay period, the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the vendor for the year in respect of a recognized business,

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee paid by the vendor before the particular time in respect of a pay period, ended in the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued, for the purposes of this division, to the purchaser for the year in respect of a recognized business, and

(3)  (subparagraph repealed);

(c)  C is the aggregate of all amounts each of which is the salary or wages of an employee paid by the vendor in respect of a pay period, ended in the particular corporation’s base period, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 75% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in a qualification certificate issued to the particular corporation, for the purposes of this division, for the year in respect of a recognized business, unless an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another corporation that carries on a recognized business; and

(d)  D is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to c, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time.

2005, c. 23, s. 210; 2006, c. 36, s. 183; 2009, c. 5, s. 450; 2010, c. 25, s. 169.

1029.8.36.72.82.24. For the purposes of sections 1029.8.36.72.82.22 and 1029.8.36.72.82.23, to determine whether a vendor and a purchaser are associated with each other at a particular time, the following rules apply:

(a)  if the vendor or purchaser is an individual, other than a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which are owned at the particular time by the individual;

(b)  if the vendor or purchaser is a partnership, the vendor or purchaser is deemed to be a corporation whose taxation year corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at the particular time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes the particular time; and

(c)  if the vendor or purchaser is a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this paragraph referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the particular time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the particular time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the particular time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the particular time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the particular time by the person referred to in that section from whom property of the trust or property for which it was substituted was directly or indirectly received.

2005, c. 23, s. 210; 2009, c. 5, s. 451; 2009, c. 15, s. 297.

1029.8.36.72.82.25. For the purposes of this division, if a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or if a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or fiscal period in which the base period of a particular corporation ends, and if it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.82.18, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period of the particular corporation, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2005, c. 23, s. 210.

1029.8.36.72.82.26. If it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2005, c. 23, s. 210.

DIVISION II.6.6.7 CREDIT FOR JOB CREATION IN THE CARREFOURS DE L’INNOVATION

2003, c. 9, s. 323.

§ 1 . — Definitions and general

2003, c. 9, s. 323.

1029.8.36.72.83. In this division,

“base amount” of a corporation, in relation to a particular recognized business, means

(a)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the particular recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to e of the definition of “recognized business” ; and

(b)  in any other case, the aggregate of all amounts each of which is

i.  the salary or wages that were paid by the corporation to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within its base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee, other than an excluded employee of the corporation, that were paid by the corporation in the course of carrying on any given business in respect of a pay period, within its base period, in relation to the particular recognized business, in which the employee reports for work at an establishment of the corporation situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in any of paragraphs a to e of the definition of “recognized business”, except if an amount is included, in respect of the employee, in relation to the given business, in computing the base amount of the corporation in relation to another recognized business;

“base period” of a corporation, in relation to a recognized business, means the calendar year preceding the calendar year in which the eligibility period of a corporation in relation to the recognized business begins;

“eligibility period” of a corporation, in relation to a recognized business, means, subject to the second paragraph, the five-year period that begins on 1 January of the first calendar year, preceding the calendar year 2004, in respect of which the corporation obtains its qualification certificate, in relation to the recognized business;

“eligible amount” of a corporation for a calendar year means the aggregate of all amounts each of which is

(a)  the salary or wages paid by the corporation to an employee in respect of a pay period, within the year, for which the employee is an eligible employee, in relation to a recognized business of the corporation; or

(b)  the salary or wages of an employee, other than an employee referred to in paragraph a or an excluded employee of the corporation, that were paid by the corporation in respect of a pay period, within the year, in which the employee reports for work at an establishment of the corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the corporation that are described in any of paragraphs a to e of the definition of “recognized business”;

“eligible employee” of a corporation for a pay period of a calendar year, in relation to a recognized business, means an employee, other than an excluded employee at any time in that period, who, in that period, reports for work at an establishment of the employer situated in an eligible site and in respect of whom a qualification certificate, in relation to that period, is issued to the corporation by Investissement Québec for the purposes of this division, in relation to the recognized business;

“eligible repayment of assistance” for a taxation year of a qualified corporation means the aggregate of

(a)  where the qualified corporation pays in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.88 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.84 that relates to a calendar year preceding the calendar year ending in the taxation year, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the qualified corporation, in respect of such an amount of assistance, as repayment in the taxation year or a preceding taxation year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.84 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a taxation year preceding the taxation year under this paragraph in relation to a repayment of assistance;

(b)  where a corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.88 that reduced the amount of the salary or wages paid by the corporation to an employee, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.85 that relates to a calendar year preceding the calendar year in relation to the qualified corporation at the end of which the qualified corporation was not associated with any other qualified corporation that was carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the amount that would have been determined under that subparagraph a in respect of the qualified corporation in relation to the preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance; and

(c)  where a qualified corporation pays in a calendar year ending in the taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.72.88 that reduced the amount of the salary or wages paid by the qualified corporation to an employee, for the purpose of computing the excess amount referred to in paragraph a or c of section 1029.8.36.72.86 determined, in respect of a calendar year preceding the calendar year, in relation to all of the corporations that were associated with each other at the end of that preceding calendar year and with which the qualified corporation was associated at that time, the amount by which the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the qualified corporation in relation to the preceding calendar year if, for the purposes of paragraph a or c of section 1029.8.36.72.86 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the calendar year or a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.86 had been attributed to a qualified corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount determined under subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the qualified corporation in relation to the preceding calendar year, and

ii.  the aggregate of all amounts determined for a calendar year preceding the calendar year under this paragraph in relation to a repayment of assistance;

“eligible site” means

(a)  a site situated in the territory of Ville de Montréal and determined by the Minister of Finance to be part of the territory of the Technoparc Saint-Laurent;

(b)  a site situated in the territory of Ville de Montréal and determined by the Minister of Finance to be the Angus Technopole; or

(c)  a site situated in the territory of Ville de Québec and determined by the Minister of Finance to be the Québec Metro High Tech Park;

“excluded employee” at a particular time means an employee of a corporation who, at that time, is

(a)  a specified shareholder of the corporation or, where the corporation is a cooperative, a specified member of the corporation; or

(b)  a specified employee within the meaning of the first paragraph of section 1029.8.36.0.17;

“qualified corporation”, for a calendar year, means a corporation that, in the year, carries on a qualified business in Québec and has an establishment in Québec, but does not include

(a)  a corporation that is exempt from tax under Book VIII for the taxation year in which the calendar year ends;

(b)  a corporation that would be exempt from tax for the taxation year in which the calendar year ends under section 985 but for section 192; or

(c)  a corporation control of which is acquired at any time in the calendar year or a preceding calendar year, but after 11 June 2003, by a person or group of persons, unless the acquisition of control

i.  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date,

ii.  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation,

iii.  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003, or

iv.  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003;

“recognized business” of a corporation for a taxation year means a business carried on by the corporation in the year and in respect of which a qualification certificate is issued by Investissement Québec for the purposes of this division certifying that its activities are

(a)  activities relating to information and communications technologies;

(b)  activities relating to production technologies;

(c)  activities relating to biotechnologies;

(d)  activities relating to materials technologies; or

(e)  activities relating to scientific and technological services;

“salary or wages” means the income computed pursuant to Chapters I and II of Title II of Book III, but does not include directors’ fees, premiums, incentive bonuses, compensation for hours worked in addition to normal working hours, commissions or benefits referred to in Division II of Chapter II of Title II of Book III;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative.

Except where section 1029.8.36.72.90 or 1029.8.36.72.91 applies, where, in a taxation year, a corporation carries on a business in respect of which a qualification certificate has been issued by Investissement Québec, and the business, according to Investissement Québec, is the continuation of a recognized business or part of a recognized business previously carried on by another corporation, the eligibility period of the corporation, in relation to the recognized business, is deemed, for the purposes of the definition of “eligibility period” in the first paragraph, to have begun on the date on which the eligibility period of the other corporation began, in relation to the recognized business.

For the purposes of this division,

(a)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in an eligible site and at an establishment of the qualified corporation situated outside the site, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in the eligible site, or

ii.  to report for work only at the establishment situated outside the site if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside the site;

(b)  where, during a pay period within a calendar year, an employee reports for work at an establishment of a qualified corporation situated in Québec and at an establishment of the qualified corporation situated outside Québec, the employee is, for that period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that period, the employee reports for work mainly at an establishment of the qualified corporation situated outside Québec; and

(c)  where, during a pay period within a calendar year, an employee is not required to report for work at an establishment of a qualified corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that period are performed mainly in Québec.

For the purposes of this division, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2003, c. 9, s. 323; 2004, c. 21, s. 413; 2005, c. 23, s. 211; 2006, c. 13, s. 166; 2006, c. 36, s. 184.

§ 2 . — Credits

2003, c. 9, s. 323.

1029.8.36.72.84. A qualified corporation that is not associated with any other corporation at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the third paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  the lesser of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, within its base period, in relation to the recognized business, for which the employee is an eligible employee, and

ii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business that the corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information; and

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business and its eligible employees.

2003, c. 9, s. 323; 2004, c. 21, s. 414; 2005, c. 38, s. 273.

1029.8.36.72.85. A qualified corporation that is associated with one or more other corporations at the end of a calendar year within the qualified corporation’s eligibility period, in relation to a recognized business, and that encloses the documents referred to in the fourth paragraph with the fiscal return the qualified corporation is required to file under section 1000 for the taxation year in which the calendar year ends, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that taxation year, on account of its tax payable for that taxation year under this Part, an amount equal to 40% of the aggregate of

(a)  subject to the second paragraph, the least of

i.  the amount by which the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee, in relation to a recognized business, exceeds the aggregate of all amounts each of which is, in relation to a recognized business,

(1)  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in its base period in relation to the recognized business, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, and

(2)  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the corporation to an employee in respect of a pay period, within its base period, in relation to a recognized business, for which the employee is an eligible employee,

ii.  the amount by which the aggregate of all amounts each of which is the qualified corporation’s eligible amount for the calendar year or the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of the calendar year to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, exceeds the total of

(1)  the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business that the qualified corporation carries on in the calendar year, and

(2)  the aggregate of all amounts each of which is the salary or wages paid by another corporation with which the qualified corporation is associated at the end of that calendar year to an employee in respect of a pay period, within the qualified corporation’s base period in relation to a recognized business it carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, except if an amount is included, in respect of the employee, in relation to the other corporation, in computing an amount determined for the calendar year under this subparagraph 2 in relation to another recognized business, and

iii.  the amount by which the qualified corporation’s eligible amount for the calendar year exceeds the aggregate of all amounts each of which is the qualified corporation’s base amount in relation to a recognized business that the qualified corporation carries on in the calendar year; and

(b)  the eligible repayment of assistance of the qualified corporation for the taxation year.

Where the qualified corporation referred to in the first paragraph is associated, at the end of the calendar year, with at least one other qualified corporation carrying on a recognized business in the taxation year in which the calendar year ends, the amount determined under subparagraph a of that first paragraph, in respect of the calendar year, shall not exceed the amount that is attributed to it in respect of the calendar year pursuant to the agreement referred to in section 1029.8.36.72.86.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable under this Part, for a particular taxation year that is subsequent to the first taxation year in which the first calendar year within the qualified corporation’s eligibility period ends in relation to a recognized business, and of its tax payable for that particular taxation year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the particular amount that is the lesser of the amount determined under the first paragraph for the taxation year preceding the particular taxation year and the amount determined under that paragraph for the particular taxation year exceeds the aggregate of all amounts each of which is the portion of the particular amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular taxation year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under this division, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked certificate and qualification certificates issued to the qualified corporation in respect of a recognized business and its eligible employees; and

(c)  where the second paragraph applies, the agreement referred to in section 1029.8.36.72.86 filed in prescribed form.

2003, c. 9, s. 323; 2004, c. 21, s. 415; 2005, c. 38, s. 274; 2006, c. 36, s. 185.

1029.8.36.72.86. The agreement to which the second paragraph of section 1029.8.36.72.85 refers in respect of a calendar year means an agreement under which all of the qualified corporations carrying on, in the calendar year, a recognized business and that are associated with each other at the end of that calendar year, hereinafter called the “group of associated corporations”, attribute to one or more of their number, for the purposes of this division, one or more amounts; the aggregate of the amounts so attributed, for the calendar year, shall not be greater than the least of

(a)  the amount by which the aggregate of all amounts each of which is the salary or wages paid by a qualified corporation that is a member of the group of associated corporations to an employee in respect of a pay period, within the calendar year, for which the employee is an eligible employee of the corporation, in relation to a recognized business, exceeds the aggregate of all amounts each of which is

i.  except in respect of a corporation that results from an amalgamation, an amount equal to zero, where, at no time in the base period of a qualified corporation that is a member of the group of associated corporations in relation to a recognized business that the corporation carries on in the calendar year, the corporation carried on a business in Québec in the sectors of activity described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, and

ii.  in any other case, the aggregate of all amounts each of which is the salary or wages paid by the qualified corporation to an employee in respect of a pay period, within its base period, in relation to a recognized business, for which the employee is an eligible employee of the qualified corporation;

(b)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations for the calendar year exceeds the aggregate of all amounts each of which is the base amount of such a corporation in relation to a recognized business that the corporation carries on in the calendar year; and

(c)  the amount by which the aggregate of all amounts each of which is the eligible amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, or the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a qualified corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, within the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, exceeds the total of

i.  the aggregate of all amounts each of which is the base amount of a qualified corporation that is a member of the group of associated corporations at the end of the calendar year, in relation to a recognized business that the corporation carries on in the calendar year, and

ii.  the aggregate of all amounts each of which is the salary or wages paid by another qualified corporation that is associated with a corporation that is a member of the group at the end of the calendar year but that does not carry on a recognized business in the calendar year, to an employee in respect of a pay period, within the base period of a qualified corporation that is a member of the group at the end of the calendar year in relation to a recognized business that the corporation carries on in the calendar year, in which the employee reports for work at an establishment of the other corporation situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the other corporation that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, except if an amount is included, in respect of the employee, in computing an amount under this subparagraph, in relation to a period within a base period in relation to another recognized business that is carried on by a qualified corporation that is a member of the group of associated corporations.

2003, c. 9, s. 323; 2004, c. 21, s. 416; 2006, c. 36, s. 186; 2009, c. 5, s. 452.

1029.8.36.72.87. Where the aggregate of the amounts attributed, in respect of a calendar year, in an agreement entered into with the qualified corporations carrying on, in that calendar year, a recognized business and that are associated with each other at the end of that calendar year exceeds the particular amount that is the least of the amounts determined for that calendar year in respect of those corporations under any of paragraphs a to c of section 1029.8.36.72.86, the amount attributed to each of the corporations for the calendar year is deemed, for the purposes of section 1029.8.36.72.85, to be equal to the proportion of the particular amount that the amount attributed for the calendar year to that corporation in the agreement is of the aggregate of all amounts attributed for the calendar year in the agreement.

2003, c. 9, s. 323; 2004, c. 21, s. 417.

§ 3 . — Government assistance, non-government assistance, contract payments and other particulars

2003, c. 9, s. 323; 2006, c. 13, s. 167.

1029.8.36.72.88. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a particular taxation year, under section 1029.8.36.72.84 or 1029.8.36.72.85, the following rules apply, subject to the second paragraph:

(a)  the amount of the salaries or wages referred to in the definitions of “base amount” and “eligible amount” in the first paragraph of section 1029.8.36.72.83 and those referred to in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84 or in subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 and paid by the qualified corporation, and the amount of the salaries or wages referred to in subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 and paid by a corporation associated with the qualified corporation shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the qualified corporation or the corporation associated with it, as the case may be, has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the qualified corporation or the corporation associated with it, as the case may be, is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the qualified corporation or the corporation associated with it, as the case may be; and

(b)  the amount of the salaries or wages paid by a particular qualified corporation associated with one or more other qualified corporations, determined for the purpose of computing the amount that may be attributed, in respect of a calendar year, in accordance with section 1029.8.36.72.86 to one or more of their number, shall be reduced, where applicable,

i.  by the amount of any contract payment, government assistance or non-government assistance attributable to the salaries or wages that the particular qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for its taxation year, except any amount of government assistance that is an amount that the particular qualified corporation is deemed to have paid to the Minister under this chapter for any taxation year,

ii.  by the portion of such salaries or wages that may reasonably be considered to be included in computing an expenditure in respect of which the particular qualified corporation is deemed to have paid an amount to the Minister under this chapter for any taxation year, and

iii.  by the amount of any benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, other than a benefit or advantage derived from the performance of the duties of an eligible employee, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the particular qualified corporation’s filing-due date for its taxation year, to the extent that the benefit or advantage may reasonably be considered to be attributable, directly or indirectly, to part or all of the amount of the salaries or wages, other than those referred to in subparagraph ii, paid by the particular qualified corporation.

The aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or a corporation associated with it in respect of a pay period, within the qualified corporation’s base period, in relation to a recognized business, shall not exceed, for each of those corporations, the aggregate of the amounts referred to in the first paragraph that reduced the amount of the salaries or wages paid by the qualified corporation or the corporation associated with it, in relation to the recognized business, in respect of a pay period within the calendar year ending in its particular taxation year.

2003, c. 9, s. 323; 2004, c. 21, s. 418; 2006, c. 13, s. 168.

1029.8.36.72.89. For the purposes of this division, an amount of assistance is deemed to be repaid in a calendar year by a qualified corporation, pursuant to a legal obligation, where that amount

(a)  reduced the amount of salaries or wages for the purpose of computing,

i.  in the case of assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.72.88, the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under subparagraph a of the first paragraph of section 1029.8.36.72.84 or 1029.8.36.72.85, or

ii.  in the case of assistance referred to in subparagraph b of the first paragraph of section 1029.8.36.72.88, the excess amount referred to in paragraph a or c of section 1029.8.36.72.86 determined, in respect of a calendar year, in relation to all of the qualified corporations that are associated with each other;

(b)  was not received by the qualified corporation; and

(c)  ceased in the calendar year to be an amount that the qualified corporation may reasonably expect to receive.

2003, c. 9, s. 323; 2004, c. 21, s. 419.

1029.8.36.72.90. Where a corporation, in this section referred to as the “new corporation”, resulting from the amalgamation, within the meaning of section 544, of two or more corporations, each of which is referred to in this section as a “predecessor corporation”, carries on after the amalgamation a business carried on before the amalgamation by a predecessor corporation, the new corporation and the predecessor corporation are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the taxation year in which the calendar year in which the amalgamation occurred ends and for a subsequent taxation year, to be the same corporation throughout the period during which the predecessor corporation carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, where the new corporation carries on after the amalgamation a recognized business resulting from the consolidation of recognized businesses carried on by predecessor corporations, immediately before the amalgamation, each recognized business so carried on before the amalgamation is deemed to be a separate recognized business carried on by the new corporation after the amalgamation.

2003, c. 9, s. 323.

1029.8.36.72.91. If, after the beginning of the winding-up of a subsidiary, within the meaning of section 556, to which the rules in sections 556 to 564.1 and 565 apply, the parent corporation, within the meaning of section 556, begins to carry on a recognized business the subsidiary was carrying on before the beginning of its winding-up, the parent corporation and the subsidiary are deemed, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for its taxation year in which ends the calendar year in which the winding-up began and for a subsequent taxation year, to be the same corporation throughout the period during which the subsidiary carried on, or is deemed to have carried on under this division, the business.

In addition, for the purposes of this division, if the parent corporation carried on after the beginning of the winding-up a recognized business resulting from the consolidation of a recognized business carried on by the parent corporation immediately before the beginning of the winding-up and a recognized business carried on by the subsidiary immediately before the beginning of the winding-up, each recognized business so carried on before the beginning of the winding-up is deemed to be a separate recognized business carried on by the parent corporation after the beginning of the winding-up.

2003, c. 9, s. 323; 2005, c. 23, s. 212.

1029.8.36.72.92. Subject to sections 1029.8.36.72.90 and 1029.8.36.72.91, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”), in relation to a recognized business or a business the activities of which are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is not associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply, subject to the fourth and fifth paragraphs, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the particular taxation year, in relation to a particular recognized business:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, is deemed to be equal to the amount by which the amount otherwise determined exceeds the amount determined by the formula

A × D × E, and

ii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which the amount otherwise determined, without reference to subparagraph i, exceeds the amount determined by the formula

B × D × E;

(b)  if the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year, the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 or in subparagraph ii of paragraph c of section 1029.8.36.72.86, determined in respect of the vendor, is deemed to be equal to the amount by which the amount determined without reference to this subparagraph exceeds the amount determined by the formula

C × D × E;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid in respect of the purchaser’s base period, in relation to the particular recognized business, to employees referred to in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84, in subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 or in subparagraph ii of paragraph a of section 1029.8.36.72.86, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee in respect of a pay period within the particular calendar year for which the employee is an eligible employee, in relation to the particular recognized business, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities,

ii.  to have paid to employees in respect of a pay period within the particular calendar year for which the employees are eligible employees, in relation to the particular recognized business, the amount by which the amount determined pursuant to subparagraph i, in relation to the particular recognized business, exceeds the amount of the particular aggregate determined in relation to the particular recognized business,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined without reference to subparagraph i, in relation to the particular recognized business, and

(2)  the amount that is the proportion of the aggregate, in subparagraph 2 of subparagraph iv referred to as the “particular aggregate”, of all amounts each of which is the salary or wages paid by the purchaser to an employee after the particular time in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, or the salary or wages of an employee, other than an excluded employee of the purchaser, that the purchaser paid after the particular time in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in the course of the business, work that is directly related to activities of the purchaser that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time, that 365 is of the number of days in the particular calendar year in which the purchaser carried on those activities, except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph 2, in relation to another recognized business, and

iv.  to have an eligible amount for the particular calendar year, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s eligible amount for the particular calendar year otherwise determined without reference to subparagraph ii, in relation to the particular recognized business, and

(2)  the amount by which the amount determined pursuant to subparagraph 2 of subparagraph iii, in relation to the particular recognized business, exceeds the amount of the particular aggregate, in relation to the particular recognized business; and

(d)  if the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year, the purchaser is deemed to have paid

i.  in respect of the base period, in relation to the particular recognized business, the amount that is the proportion of the aggregate, in subparagraph ii referred to as the “particular aggregate”, of all amounts each of which is the salary or wages of an employee, other than an excluded employee of the purchaser, that the purchaser paid after the particular time in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the purchaser situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting, in the course of the business, work that is directly related to activities of the purchaser that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, to the extent that the salary or wages may reasonably be considered to relate to the carrying on by the employee of the part of the activities that began or increased at the particular time and except if an amount is included, in respect of the employee, in relation to the purchaser, in computing an amount determined under this subparagraph, in relation to another recognized business, that 365 is of the number of days in the particular calendar year during which the purchaser carried on those activities, and

ii.  in respect of the particular calendar year, the amount by which the amount determined in accordance with subparagraph i, in relation to the particular recognized business, exceeds the particular aggregate, in relation to the particular recognized business.

In the formulas provided for in subparagraphs a and b of the first paragraph,

(a)  A is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee;

(b)  B is the aggregate of all amounts each of which is

i.  the salary or wages paid by the vendor to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, for which the employee is an eligible employee, or

ii.  the salary or wages of an employee, other than an excluded employee of the vendor, that the vendor paid in the course of carrying on any business in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83;

(c)  C is the aggregate of all amounts each of which is the salary or wages of an employee, other than an excluded employee of the vendor, that the vendor paid in respect of a pay period, within the vendor’s base period, in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, except if an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined under this subparagraph, in relation to another recognized business;

(d)  D is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to c, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time; and

(e)  E is, where this section applies for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division in respect of the particular calendar year, the proportion that the number of days in the particular calendar year following the particular time is of 365, and, in any other case, 1.

For the purposes of this section, if the amount of the particular aggregate that is determined in respect of the purchaser in relation to particular activities and to which subparagraph i of subparagraph c of the first paragraph and subparagraph 2 of subparagraph iii of that subparagraph c, in the case where the purchaser is the particular corporation, or subparagraph i of subparagraph d of the first paragraph, in the case where the purchaser is associated with the particular corporation at the end of the particular calendar year, refer, is equal to zero, the particular time of the particular calendar year, otherwise determined, is deemed, in respect of the purchaser and in relation to the particular activities, to be 1 January of the following calendar year.

Where a particular corporation is, at any time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to all of those activities, this section does not apply to the particular corporation either as vendor or as purchaser in respect of the activities and, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed to have paid, from that time to the subsequent time, no portion of the salaries or wages that may reasonably be considered to relate to the employees of the corporation assigned to the carrying on of the activities that ceased after the subsequent time.

Where a particular corporation is, at a particular time in a calendar year, a purchaser in relation to activities carried on by a person or partnership and, at a subsequent time in the same calendar year, the particular corporation is a vendor in relation to part of those activities, for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division, the particular corporation is deemed not to have paid to its employees the portion of the salaries or wages that may reasonably be considered to have been paid to the employees of the corporation assigned to the part of the activities that the particular corporation ceases to carry on after the subsequent time.

2003, c. 9, s. 323; 2004, c. 21, s. 420; 2005, c. 23, s. 213; 2006, c. 36, s. 187; 2007, c. 12, s. 191; 2009, c. 5, s. 453.

1029.8.36.72.92.1. Subject to sections 1029.8.36.72.90 and 1029.8.36.72.91, if, at a particular time in a particular calendar year that ends in a particular taxation year or in a preceding taxation year, the activities carried on by a person or partnership (in this section referred to as the “vendor”) in relation to a recognized business or a business the activities of which are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, diminish or cease and it may reasonably be considered that, as a result, another person or partnership (in this section referred to as the “purchaser”) that is associated with the vendor at the particular time, begins, after the particular time, to carry on similar activities in the course of carrying on such a business, or increases, after the particular time, the scope of similar activities carried on in the course of carrying on such a business, the following rules apply for the purpose of determining the amount that a corporation is deemed to have paid to the Minister under this division for the particular taxation year, in relation to a particular recognized business:

(a)  if the particular recognized business is a business of the vendor,

i.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, is deemed, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84, subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 and subparagraph ii of paragraph a of section 1029.8.36.72.86, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

A × G,

ii.  the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the particular recognized business, is deemed, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 and paragraph a of section 1029.8.36.72.86, to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

B × G,

iii.  the base amount of the vendor, in relation to the particular recognized business, is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

C × G, and

iv.  the eligible amount of the vendor for the particular calendar year is deemed to be equal to the amount by which that amount otherwise determined exceeds the amount determined by the formula

D × G;

(b)  if the particular recognized business is a business of a corporation that is associated with the vendor at the end of the particular calendar year,

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 or in subparagraph ii of paragraph c of section 1029.8.36.72.86, determined in respect of the vendor, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph i exceeds the amount determined by the formula

E × G, and

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.86 before subparagraph i, determined in respect of the vendor for the particular calendar year, is deemed to be equal to the amount by which that amount determined without reference to this subparagraph ii exceeds the amount determined by the formula

F × G;

(c)  if the particular recognized business is a business of the purchaser, the purchaser is deemed

i.  to have paid, for the purposes of subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84, subparagraph 2 of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 or subparagraph ii of paragraph a of section 1029.8.36.72.86, as the case may be, to employees, in respect of a pay period, within the purchaser’s base period in relation to the particular recognized business, for which the employees are eligible employees, the amount determined by the formula

A × G,

ii.  to have paid, for the purposes of subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.84, subparagraph i of subparagraph a of the first paragraph of section 1029.8.36.72.85 or paragraph a of section 1029.8.36.72.86, as the case may be, to employees, in respect of a pay period, within the particular calendar year, for which the employees are eligible employees, in relation to the particular recognized business, the amount determined by the formula

B × G,

iii.  to have a base amount, in relation to the particular recognized business, equal to the aggregate of

(1)  the purchaser’s base amount otherwise determined, in relation to the particular recognized business, and

(2)  the amount determined by the formula

C × G, and

iv.  to have an eligible amount for the particular calendar year equal to the aggregate of

(1)  the purchaser’s eligible amount otherwise determined for the particular calendar year, and

(2)  the amount determined by the formula

D × G; and

(d)  if the particular recognized business is a business of a corporation that is associated with the purchaser at the end of the particular calendar year,

i.  the amount that is the aggregate referred to in subparagraph 2 of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 or in subparagraph ii of paragraph c of section 1029.8.36.72.86, determined in respect of the purchaser, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph i, and

(2)  the amount determined by the formula

E × G, and

ii.  the amount that is the second aggregate mentioned in the portion of subparagraph ii of subparagraph a of the first paragraph of section 1029.8.36.72.85 before subparagraph 1 or in the portion of paragraph c of section 1029.8.36.72.86 before subparagraph i, determined in respect of the purchaser for the particular calendar year, is deemed to be equal to the aggregate of

(1)  the amount of that aggregate determined without reference to this subparagraph ii for the particular calendar year, and

(2)  the amount determined by the formula

F × G.

In the formulas in subparagraphs a to d of the first paragraph,

(a)  A is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph i of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, and

ii.  for the purposes of subparagraph i of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the recognized business, for which the employee is an eligible employee, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages paid by the vendor to an employee, other than an excluded employee of the vendor, in respect of a pay period, within the purchaser’s base period in relation to the recognized business, in which the employee reports for work at an establishment of the vendor situated in an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, unless an amount is included, in respect of the employee, in computing an amount determined under this subparagraph ii in relation to another recognized business;

(b)  B is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph ii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee in relation to the particular recognized business, and

ii.  for the purposes of subparagraph ii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee in relation to the recognized business, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages paid by the vendor to an employee, other than an excluded employee of the vendor, in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83;

(c)  C is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph iii of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in the course of carrying on the particular recognized business, in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, for which the employee is an eligible employee, or the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph i in relation to another recognized business, and

ii.  for the purposes of subparagraph 2 of subparagraph iii of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in the course of carrying on the recognized business, in respect of a pay period, within the vendor’s base period in relation to the recognized business, for which the employee is an eligible employee, or the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the vendor’s base period in relation to the recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec but outside an eligible site and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph ii in relation to another recognized business, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in the course of carrying on any given business in respect of a pay period, within the purchaser’s base period in relation to the recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, unless an amount is included, in respect of the employee, in relation to the given business, in computing an amount determined under this subparagraph ii in relation to another recognized business;

(d)  D is the aggregate of all amounts each of which is,

i.  for the purposes of subparagraph iv of subparagraph a of the first paragraph, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the particular recognized business, or the salary or wages of an employee, other than an eligible employee of the vendor, in relation to the particular recognized business, or other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, and

ii.  for the purposes of subparagraph 2 of subparagraph iv of subparagraph c of the first paragraph,

(1)  if the activities referred to in the first paragraph relate to a recognized business of the vendor, the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, for which the employee is an eligible employee, in relation to the recognized business, or the salary or wages of an employee, other than an eligible employee of the vendor, in relation to the recognized business, or other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, and

(2)  if the activities referred to in the first paragraph do not relate to a recognized business of the vendor but relate to a recognized business of the purchaser, the salary or wages of an employee, other than an excluded employee of the vendor, paid by the vendor in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83;

(e)  E is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the vendor’s base period in relation to the particular recognized business, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83, unless an amount is included, in respect of the employee, in relation to the vendor, in computing an amount determined for the particular calendar year under this subparagraph, in relation to another recognized business;

(f)  F is the aggregate of all amounts each of which is the salary or wages paid by the vendor to an employee in respect of a pay period, within the particular calendar year, in which the employee reports for work at an establishment of the vendor situated in Québec and spends, when at work, at least 90% of the time in undertaking, supervising or supporting work that is directly related to activities of the vendor that are described in any of paragraphs a to e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.83; and

(g)  G is the proportion that the number of the vendor’s employees referred to in any of subparagraphs a to f, as the case may be, who were assigned to the carrying on of part of the activities that diminished or ceased at the particular time is of the number of the vendor’s employees assigned to those activities immediately before the particular time.

2009, c. 5, s. 454.

1029.8.36.72.92.2. For the purposes of sections 1029.8.36.72.92 and 1029.8.36.72.92.1, to determine whether a vendor and a purchaser are associated with each other at a particular time, the following rules apply:

(a)  if the vendor or purchaser is an individual (other than a trust), the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which are owned at the particular time by the individual;

(b)  if the vendor or purchaser is a partnership, the vendor or purchaser is deemed to be a corporation whose taxation year corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at the particular time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes the particular time; and

(c)  if the vendor or purchaser is a trust, the vendor or purchaser is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this paragraph referred to as the “distribution date”), and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the particular time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the particular time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the particular time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the particular time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the particular time by the person referred to in that section from whom property of the trust or property for which it was substituted was directly or indirectly received.

2009, c. 5, s. 454; 2009, c. 15, s. 298.

1029.8.36.72.93. For the purposes of this division, where a corporation has received, is entitled to receive or may reasonably expect to receive non-government assistance, or where a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, in respect of a taxation year or a fiscal period in which the base period of a particular corporation ends in relation to a recognized business carried on by the particular corporation and where it may reasonably be considered that the main reason for the assistance or the benefit or advantage is to reduce, in accordance with subparagraph i or iii of subparagraph a or b of the first paragraph of section 1029.8.36.72.88, as the case may be, the amount of the salaries or wages paid by the particular corporation or a corporation that is associated with the particular corporation, in respect of the base period, in relation to the recognized business, so as to cause the particular corporation to be deemed to have paid an amount to the Minister under this division for a taxation year or to increase an amount that the particular corporation is deemed to have paid to the Minister under this division for a taxation year, the amount of the assistance or of the benefit or advantage is deemed to be equal to zero.

2003, c. 9, s. 323.

1029.8.36.72.94. Where it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a calendar year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division in respect of that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division in respect of that year, those corporations are deemed, for the purposes of this division, to be associated with each other at the end of the year.

2003, c. 9, s. 323.

DIVISION II.6.7

Repealed, 2003, c. 9, s. 324.

1999, c. 83, s. 218; 2003, c. 9, s. 324.

§ 1 . —

Repealed, 2003, c. 9, s. 324.

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.73. (Repealed).

1999, c. 83, s. 218; 2000, c. 5, s. 266; 2000, c. 39, s. 182; 2001, c. 7, s. 169; 2001, c. 51, s. 228; 2002, c. 9, s. 99; 2003, c. 2, s. 271; 2003, c. 9, s. 324.

1029.8.36.74. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.75. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

§ 2 . —

Repealed, 2003, c. 9, s. 324.

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.76. (Repealed).

1999, c. 83, s. 218; 2003, c. 2, s. 272; 2003, c. 9, s. 324.

1029.8.36.77. (Repealed).

1999, c. 83, s. 218; 2003, c. 2, s. 273; 2003, c. 9, s. 324.

1029.8.36.78. (Repealed).

1999, c. 83, s. 218; 2003, c. 2, s. 274; 2003, c. 9, s. 324.

1029.8.36.79. (Repealed).

1999, c. 83, s. 218; 2003, c. 2, s. 275; 2003, c. 9, s. 324.

1029.8.36.80. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.81. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.82. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

§ 3 . —

Repealed, 2003, c. 9, s. 324.

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.83. (Repealed).

1999, c. 83, s. 218; 2000, c. 39, s. 183; 2002, c. 9, s. 100; 2003, c. 9, s. 324.

1029.8.36.84. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.85. (Repealed).

1999, c. 83, s. 218; 2003, c. 9, s. 324.

1029.8.36.86. (Repealed).

1999, c. 83, s. 218; 2000, c. 39, s. 184; 2003, c. 9, s. 324.

1029.8.36.87. (Repealed).

1999, c. 83, s. 218; 2002, c. 9, s. 101.

1029.8.36.88. (Repealed).

1999, c. 83, s. 218; 2000, c. 39, s. 185.

DIVISION II.6.8 CREDIT FOR INVESTMENT FUND CREATION

1999, c. 83, s. 218.

§ 1 . — Interpretation and general

1999, c. 83, s. 218.

1029.8.36.89. In this division,

“associated group” has the meaning assigned by section 1029.8.36.89.1;

“deemed start-up expenditure” of a qualified corporation for a taxation year in respect of a qualified investment fund of the qualified corporation means the aggregate of all amounts each of which is an amount paid by the qualified corporation in the year, in this definition referred to as the “particular year”, and within two years after the end of the period referred to in subparagraph ii of paragraph a of the definition of “qualified start-up expenditure”, pursuant to a legal obligation, as repayment of assistance that reduced, for the purpose of computing a qualified start-up expenditure of the qualified corporation in respect of that fund for a preceding taxation year and in respect of which the qualified corporation is deemed to have paid an amount to the Minister under section 1029.8.36.90 for that preceding taxation year or, as the case may be, for a taxation year after that preceding taxation year but before the particular year, the aggregate referred to in paragraph a of the definition of “qualified start-up expenditure” and determined in relation to the qualified corporation in respect of that fund for that preceding taxation year;

“excluded investment fund” means

(a)  a fund exempt from the preparation of a prospectus under the provisions of Division II of Chapter II of Title II of the Securities Act (chapter V-1.1), or a fund that would be so exempt if its securities were not distributed only outside Québec;

(b)  a separate fund, within the meaning of the regulations made under the Act respecting insurance (chapter A-32), established as part of a variable contract, within the meaning of those regulations, the issuance of which need not be accompanied by an information folder referred to in section 216 of those regulations by reason of the exception provided for in that section; or

(c)  a separate fund, within the meaning of the regulations made under the Act respecting insurance, that would be referred to in paragraph a if it were a mutual fund within the meaning of the Securities Act;

“qualification certificate” issued to a qualified corporation in respect of a qualified investment fund of the qualified corporation means a certificate issued to the qualified corporation by the Minister of Finance certifying, on the basis of the information provided by the qualified corporation, that at least 75% of the work relating to the promotion and marketing of the qualified investment fund, and of the activities relating to the administration and management of the fund, are carried out in Québec;

“qualified corporation”, for a taxation year, means a corporation that, in the year, has an establishment in Québec and carries on a qualified business in Québec, but does not include

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax for the year under section 985 but for section 192;

(c)  (paragraph repealed);

“qualified investment fund” of a qualified corporation means any of the following funds if it is recognized by the Minister of Finance for the purposes of this division and Title VII.2.1 of Book IV and it is not an excluded investment fund:

(a)  an unincorporated mutual fund, within the meaning of the Securities Act, that is established under a collective investment contract entered into by the qualified corporation and in respect of which the net asset value per share is first computed after 31 December 1997 and before 1 April 2001;

(b)  a mutual fund, within the meaning of the Securities Act, that is established by the qualified corporation and in respect of which the net asset value per share is first computed after 31 December 1997 and before 1 April 2001; or

(c)  where the qualified corporation is a life insurance corporation, a separate fund, within the meaning of the regulations under the Act respecting insurance, that is established by the qualified corporation and in respect of which the net asset value per security is first computed after 31 December 1997 and before 1 April 2001;

“qualified start-up expenditure” of a qualified corporation for a taxation year in respect of a qualified investment fund of the qualified corporation means the amount by which

(a)  the aggregate of all amounts each of which is an amount that is both entered on the certificate issued for the year by the Minister of Finance to the qualified corporation in respect of expenditure relating to the qualified investment fund and the amount of expenditure in respect of which the certificate certifies that

i.  it is attributable to the start-up and implementation period of the investment fund,

ii.  it was incurred, after 31 December 1997 and before the 731st day following the reference date applicable to the investment fund, by the qualified corporation during the year, and

iii.  where it is an expenditure incurred after 9 March 1999, it is not an expenditure that may reasonably be attributed to activities relating to the administration or management of the fund that are carried out outside Québec; exceeds

(b)  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to an expenditure referred to in paragraph a, that the qualified corporation has received, is entitled to receive or may reasonably expect to receive on or before the filing-due date of the qualified corporation for the particular year referred to in section 1029.8.36.90;

“reference date” applicable to a qualified investment fund of a qualified corporation means the date entered on the qualification certificate or temporary certificate, as the case may be, that is issued to the qualified corporation in respect of the qualified investment fund and that is

(a)  where the fund is an unincorporated mutual fund referred to in paragraph a of the definition of “qualified investment fund”, the date on which the net asset value per share is first computed;

(b)  where the fund is a mutual fund referred to in paragraph b of the definition of “qualified investment fund”, the date on which the net asset value per share is first computed;

(c)  where the fund is a separate fund referred to in paragraph c of the definition of “qualified investment fund”, the date on which the net asset value per security is first computed;

“temporary certificate” issued to a qualified corporation in respect of a qualified investment fund of the qualified corporation means a certificate issued to the qualified corporation by the Minister of Finance certifying, on the basis of the information provided by the qualified corporation, that at least 75% of the work relating to the promotion and marketing of the qualified investment fund is carried out in Québec, and that the qualified corporation has undertaken to ensure that at least 75% of the activities relating to the administration and management of the fund will, on or before the last day of the two-year period that begins on the reference date applicable to the fund, be carried out in Québec.

For the purposes of the definition of “deemed start-up expenditure” in the first paragraph, an amount of assistance is deemed to be repaid by a qualified corporation in a taxation year pursuant to a legal obligation where that amount

(a)  reduced, because of paragraph b of the definition of “qualified start-up expenditure” in the first paragraph, the aggregate referred to in paragraph a of that definition, for the purpose of computing a qualified start-up expenditure in respect of which the qualified corporation is deemed to have paid an amount to the Minister under section 1029.8.36.90;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

1999, c. 83, s. 218; 2000, c. 5, s. 267; 2000, c. 39, s. 186; 2001, c. 7, s. 169; 2001, c. 51, s. 183; 2002, c. 9, s. 102; 2005, c. 1, s. 246.

1029.8.36.89.1. An associated group in a taxation year means the group formed by all of the corporations that are associated with each other in the year.

An associated group at the end of a taxation year means the group formed by all the corporations that are associated with each other at that time.

2001, c. 51, s. 184; 2005, c. 23, s. 214.

1029.8.36.89.2. For the purposes of this division, two or more corporations are deemed to be members of an associated group in a taxation year or at the end of a taxation year, as the case may be, if it may reasonably be considered that one of the main reasons for the separate existence of the corporations in that year or at the end of that year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division or to increase such an amount.

2001, c. 51, s. 184.

§ 2 . — Credit

1999, c. 83, s. 218.

1029.8.36.90. A qualified corporation that, for a particular taxation year, encloses a copy of the valid qualification certificate issued to it in respect of a qualified investment fund of the qualified corporation and dated not later than the qualified corporation’s filing-due date for the particular year, and the prescribed form containing the prescribed information with the fiscal return the qualified corporation is required to file under section 1000 for the particular year, is deemed, subject to the second and third paragraphs and section 1029.8.36.90.3, to have paid to the Minister on the qualified corporation’s balance-due day for the particular year, on account of its tax payable for the particular year under this Part, an amount equal to the lesser of

(a)  50% of the aggregate of

i.  the qualified start-up expenditure of the qualified corporation in respect of that fund for the particular year,

ii.  the deemed start-up expenditure of the qualified corporation in respect of that fund for the particular year, and

iii.  where a temporary certificate has, before the issue of the qualification certificate to the qualified corporation in respect of the qualified investment fund, been issued to the qualified corporation in respect of that fund, and the date of the qualification certificate is later than the qualified corporation’s filing-due date for the taxation year preceding the particular year, the aggregate of all amounts each of which is the qualified start-up expenditure of the qualified corporation, in respect of that fund, for a taxation year preceding the particular year; and

(b)  the amount by which $250,000 exceeds the aggregate of all amounts each of which is an amount that the qualified corporation is deemed to have paid to the Minister, under this section, in respect of that fund for a preceding taxation year.

The aggregate of all amounts each of which is an amount that a qualified corporation is deemed to have paid to the Minister under the first paragraph for a taxation year may not exceed, where the qualified corporation is a member of an associated group at the end of the year, the amount that is attributed to the corporation for the year pursuant to the agreement referred to in section 1029.8.36.90.2 or, in any other case, the amount by which $1,000,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph

(a)  by the qualified corporation for a preceding taxation year;

(b)  where the qualified corporation is a member of an associated group in the year, by another corporation that is a member of the group, referred to in the third paragraph as the “particular corporation”, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the qualified corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in subparagraph b, that is a member of the group, referred to in the third paragraph as the “particular corporation”, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of subparagraph c of the second paragraph, where the particular corporation was, in a preceding taxation year, a member of a particular associated group of which the qualified corporation was not a member, the qualified corporation is deemed to be a member of the particular associated group in that preceding taxation year.

1999, c. 83, s. 218; 2000, c. 39, s. 264; 2001, c. 51, s. 185; 2003, c. 9, s. 325.

1029.8.36.90.1. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister, for a particular taxation year, under section 1029.8.36.90, a preliminary certificate is deemed to have been issued to the qualified corporation, in respect of a qualified investment fund, before the issuance of the qualification certificate in respect of that fund, if the date of that last certificate is after both 9 March 1999 and the qualified corporation’s filing-due date for the taxation year preceding the particular year and if the reference date of that fund is before 10 March 1999.

2000, c. 39, s. 187.

1029.8.36.90.2. The agreement to which the second paragraph of section 1029.8.36.90 refers, in respect of a qualified corporation that is a member of an associated group at the end of a taxation year, is the agreement pursuant to which every member corporation of the group attributes to the qualified corporation, for the purposes of this division, an amount for the year that is not greater than the amount by which $1,000,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph of section 1029.8.36.90

(a)  by the qualified corporation for a preceding taxation year;

(b)  in respect of the associated group in the year of which the qualified corporation is a member, by another member corporation of the group, referred to in the second paragraph as the “particular corporation”, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the qualified corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in subparagraph b, that is a member of the group, referred to in the second paragraph as the “particular corporation”, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

For the purposes of subparagraph c of the first paragraph, where the particular corporation was, in a preceding taxation year, a member of a particular associated group of which the qualified corporation is not a member, the qualified corporation is deemed to be a member of the particular associated group in that preceding taxation year.

2001, c. 51, s. 186.

1029.8.36.90.3. A qualified corporation may be deemed to have paid an amount to the Minister under the first paragraph of section 1029.8.36.90 for a particular taxation year in relation to a qualified investment fund of the qualified corporation in respect of its qualified start-up expenditure in respect of the fund for the particular year or, as the case may be, for a taxation year preceding the particular year, only if it encloses with the fiscal return it is required to file for the particular year under section 1000

(a)  a copy of the valid certificate issued to the qualified corporation by the Minister of Finance for the particular year in respect of the fund;

(b)  a copy of the valid certificate issued to the qualified corporation for the particular year or, as the case may be, for that preceding taxation year, in respect of that expenditure, that is referred to in the definition of “qualified start-up expenditure” in the first paragraph of section 1029.8.36.89; and

(c)  where the corporation is a member of an associated group at the end of the particular year, the agreement referred to in section 1029.8.36.90.2, in prescribed form.

2001, c. 51, s. 186.

1029.8.36.91. Where the Minister of Finance revokes a qualification certificate issued by the Minister of Finance to a qualified corporation in respect of a qualified investment fund of the qualified corporation, or a certificate issued by the Minister of Finance for a taxation year to a qualified corporation in respect of such a fund, that is referred to in paragraph a of section 1029.8.36.90.3, and where that revocation occurs at a particular time within eight years or, where the corporation is not a Canadian-controlled private corporation, nine years after the reference date in respect of the fund, the following rules apply:

(a)  every certificate issued by the Minister of Finance to the corporation in respect of that fund for a taxation year, and the qualification certificate issued by the Minister of Finance to the corporation in respect of that fund are, for the purposes of this division, null and void from the time they were issued;

(b)  the corporation shall, for any taxation year that ends before the particular time, where the corporation has filed a fiscal return under section 1000 for that preceding year for which it is deemed to have paid to the Minister, under section 1029.8.36.90, an amount on account of its tax payable under this Part in respect of the qualified investment fund, file with the Minister, on or before its filing-due date for the taxation year that includes the particular time, an amended fiscal return in which the corporation shall take into account the tax consequences of the revocation in respect of that amount.

Notwithstanding section 1007 and the expiration of the time limits provided for in section 1010,

(a)  the Minister may, within one year after the filing-due date referred to in subparagraph b of the first paragraph, but for the amended fiscal return that the corporation is required to file under that subparagraph b, redetermine, for any taxation year for which the revocation referred to in the first paragraph entails tax consequences under this Part, the amount that the corporation is deemed to have paid under section 1029.8.36.90 in respect of the qualified investment fund and assess or reassess the interest and penalties payable under this Part by the corporation; and

(b)  the Minister may also redetermine the amount that the corporation is deemed to have paid under section 1029.8.36.90 in respect of the qualified investment fund, and the interest and penalties under this Part and make any redetermination, reassessment or additional assessment, as the case may be,

i.  within three years after the later of the day of sending, pursuant to subparagraph a, of a notice of determination for a taxation year and the day on which an amended fiscal return for the taxation year is filed pursuant to subparagraph b of the first paragraph, or

ii.  within four years after the day referred to in subparagraph i if, at the end of the taxation year concerned, the corporation is not a Canadian-controlled private corporation.

However, the Minister may, in respect of a taxation year for which the revocation referred to in the first paragraph entails tax consequences under this Part, make a determination, redetermination, assessment, reassessment or additional assessment beyond the periods referred to in paragraph a or a.0.1 of subsection 2 of section 1010 only to the extent that the determination, redetermination, assessment, reassessment or additional assessment may reasonably be considered to relate to a tax consequence referred to in subparagraph b of the first paragraph.

1999, c. 83, s. 218; 2000, c. 39, s. 264; 2001, c. 51, s. 187; 2004, c. 4, s. 11.

1029.8.36.92. For the purposes of this division, where the Minister of Finance replaces or revokes a certificate issued by the Minister for a taxation year to a qualified corporation in respect of its qualified start-up expenditure for that taxation year in relation to a qualified investment fund of the qualified corporation, the following rules apply:

(a)  the replaced certificate is null and void from the time it was issued or deemed issued and the new certificate is deemed to have been issued at that time for that taxation year;

(b)  the revoked certificate is null and void from the time it was issued or deemed issued.

1999, c. 83, s. 218.

1029.8.36.93. Where, in respect of a qualified start-up expenditure of a qualified corporation for a taxation year in respect of a qualified investment fund of the qualified corporation, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the start-up and establishment of that fund, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the amount of that qualified start-up expenditure shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the filing-due date of the qualified corporation for a taxation year for which section 1029.8.36.90 may apply to the qualified corporation in respect of that expenditure.

1999, c. 83, s. 218.

1029.8.36.94. (Repealed).

1999, c. 83, s. 218; 2000, c. 39, s. 188; 2001, c. 51, s. 188; 2002, c. 9, s. 103.

DIVISION II.6.9 CREDIT RELATING TO FUND MANAGERS

1999, c. 83, s. 218.

§ 1 . — Interpretation and general

1999, c. 83, s. 218.

1029.8.36.95. In this division,

“eligibility period” applicable to an individual for a taxation year in relation to a corporation means the part of the year within the period for which the qualification certificate issued to the corporation in respect of the individual is valid;

“eligible fund manager” of a corporation for a taxation year means an individual in respect of whom a certificate is issued to the corporation for the year by the Minister of Finance certifying that, for the entire eligibility period applicable to the individual for the year in relation to the corporation,

(a)  the individual’s contract of employment provides for at least 26 hours of work per week; and

(b)  the individual devotes all or substantially all time at work in relation to the individual’s employment with the corporation to fund management activities in an establishment of the corporation situated in Québec;

“qualification certificate” in respect of an individual means a certificate issued to a corporation by the Minister of Finance after 31 March 1998 that certifies that the individual qualifies as a fund manager for the purposes of this division and that the individual took up employment with the corporation in that capacity before 12 June 2003;

“qualified corporation” means any of the following corporations:

(a)  a corporation registered with the Autorité des marchés financiers in accordance with the Securities Act (chapter V-1.1) as an adviser with an unrestricted practice;

(b)  a portfolio management corporation exempt from registration as an adviser under section 194.2 of the Securities Regulation made by Order in Council 660-83 (1983, G.O. 2, 1269);

“qualified wages” paid by a corporation for a taxation year to an individual means the lesser of

(a)  the amount obtained by multiplying $75,000 by the proportion that the number of weeks ending in the eligibility period applicable to the individual for the year in relation to the corporation and for which the corporation paid the individual an amount as wages is of 52; and

(b)  the amount by which the aggregate of all amounts each of which is an amount of wages paid by the corporation to the individual for a week ending in the eligibility period applicable to the individual for the year in relation to the corporation, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for that taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to the individual’s employment with the corporation as eligible fund manager, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner;

“wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purposes of the definition of “qualified wages” in the first paragraph, a week ending in the eligibility period applicable to the individual for the year in relation to the corporation is deemed not to be such a week where

(a)  the corporation is not a qualified corporation at any time during that week;

(b)  the individual is a specified shareholder of the corporation at any time during that week;

(c)  (subparagraph repealed).

1999, c. 83, s. 218; 2001, c. 51, s. 228; 2002, c. 9, s. 104; 2002, c. 40, s. 198; 2002, c. 45, s. 521; 2004, c. 37, s. 90; 2005, c. 23, s. 215; 2006, c. 13, s. 169.

§ 2 . — Credit

1999, c. 83, s. 218.

1029.8.36.96. A corporation that, in a taxation year, employs an individual as an eligible fund manager is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of the corporation’s tax payable for that taxation year under this Part, an amount equal to 30% of the qualified wages that the corporation pays for the year to the individual, if the corporation encloses with the fiscal return the corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation in respect of the individual; and

(c)  a copy of the certificate referred to in the definition of “eligible fund manager” in the first paragraph of section 1029.8.36.95 that was issued to the corporation for the year in respect of the individual.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

1999, c. 83, s. 218; 2002, c. 9, s. 105; 2003, c. 9, s. 326; 2005, c. 23, s. 216.

1029.8.36.97. Subject to sections 1010 to 1011 and for the purposes of this division, where the Minister of Finance revokes a qualification certificate or a certificate issued by the Minister of Finance to a corporation in respect of an individual, the qualification certificate or certificate is null from the time the revocation becomes effective.

The revoked qualification certificate or certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

1999, c. 83, s. 218; 2002, c. 9, s. 106.

1029.8.36.98. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages paid by the corporation to an individual for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.96 for the particular taxation year, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.96 in respect of the qualified wages, if any amount so paid as repayment of such assistance at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.95, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.96 in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount paid as repayment of that assistance.

1999, c. 83, s. 218; 2001, c. 7, s. 169; 2002, c. 9, s. 107; 2002, c. 40, s. 199.

1029.8.36.99. For the purposes of section 1029.8.36.98, an amount is deemed to be paid as repayment of assistance by a corporation in a taxation year pursuant to a legal obligation where that amount

(a)  reduced, because of subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.95, the amount of the wages referred to in that paragraph b for the purpose of computing qualified wages in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.96;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

1999, c. 83, s. 218; 2001, c. 7, s. 169; 2002, c. 9, s. 108.

1029.8.36.100. (Repealed).

1999, c. 83, s. 218; 2002, c. 9, s. 109.

1029.8.36.101. (Repealed).

1999, c. 83, s. 218; 2002, c. 9, s. 110.

DIVISION II.6.10

Repealed, 2009, c. 5, s. 455.

2009, c. 5, s. 455.

§ 1 . —

Repealed, 2009, c. 5, s. 455.

1999, c. 86, s. 85; 2009, c. 5, s. 455.

1029.8.36.102. (Repealed).

1999, c. 86, s. 85; 2001, c. 51, s. 228; 2004, c. 21, s. 421; 2009, c. 5, s. 455.

1029.8.36.103. (Repealed).

1999, c. 86, s. 85; 2009, c. 5, s. 455.

§ 2 . —

Repealed, 2009, c. 5, s. 455.

1999, c. 86, s. 85; 2009, c. 5, s. 455.

1029.8.36.104. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 327; 2009, c. 5, s. 455.

1029.8.36.105. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 328; 2009, c. 5, s. 455.

1029.8.36.106. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 329; 2009, c. 5, s. 455.

1029.8.36.107. (Repealed).

1999, c. 86, s. 85; 2002, c. 9, s. 111.

§ 3 . —

Repealed, 2009, c. 5, s. 455.

1999, c. 86, s. 85; 2009, c. 5, s. 455.

1029.8.36.108. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 330; 2009, c. 5, s. 455.

1029.8.36.109. (Repealed).

1999, c. 86, s. 85; 2009, c. 5, s. 455.

1029.8.36.110. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 331; 2009, c. 5, s. 455.

1029.8.36.111. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2009, c. 5, s. 455.

1029.8.36.112. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2009, c. 5, s. 455.

1029.8.36.113. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2009, c. 5, s. 455.

1029.8.36.114. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2009, c. 5, s. 455.

DIVISION II.6.11

Repealed, 2010, c. 5, s. 158.

2010, c. 5, s. 158.

§ 1 . —

Repealed, 2010, c. 5, s. 158.

1999, c. 86, s. 85; 2010, c. 5, s. 158.

1029.8.36.115. (Repealed).

1999, c. 86, s. 85; 2001, c. 51, s. 228; 2002, c. 40, s. 200; 2005, c. 23, s. 217; 2010, c. 5, s. 158.

§ 2 . —

Repealed, 2010, c. 5, s. 158.

1999, c. 86, s. 85; 2010, c. 5, s. 158.

1029.8.36.116. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 332; 2005, c. 23, s. 218; 2010, c. 5, s. 158.

1029.8.36.117. (Repealed).

1999, c. 86, s. 85; 2003, c. 9, s. 333; 2005, c. 23, s. 219; 2010, c. 5, s. 158.

1029.8.36.118. (Repealed).

1999, c. 86, s. 85; 2002, c. 9, s. 112.

§ 3 . —

Repealed, 2010, c. 5, s. 158.

1999, c. 86, s. 85; 2010, c. 5, s. 158.

1029.8.36.119. (Repealed).

1999, c. 86, s. 85; 2009, c. 15, s. 299; 2010, c. 5, s. 158.

1029.8.36.120. (Repealed).

1999, c. 86, s. 85; 2004, c. 21, s. 422; 2009, c. 15, s. 300; 2010, c. 5, s. 158.

1029.8.36.121. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2002, c. 40, s. 201; 2010, c. 5, s. 158.

1029.8.36.122. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2002, c. 40, s. 201; 2006, c. 36, s. 188; 2009, c. 15, s. 301; 2010, c. 5, s. 158.

1029.8.36.123. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2002, c. 40, s. 201; 2006, c. 36, s. 189; 2009, c. 15, s. 302; 2010, c. 5, s. 158.

1029.8.36.124. (Repealed).

1999, c. 86, s. 85; 2001, c. 7, s. 169; 2010, c. 5, s. 158.

DIVISION II.6.12

Repealed, 2010, c. 5, s. 158.

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

§ 1 . —

Repealed, 2010, c. 5, s. 158.

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

1029.8.36.125. (Repealed).

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

1029.8.36.126. (Repealed).

2001, c. 51, s. 189; 2005, c. 23, s. 220; 2010, c. 5, s. 158.

1029.8.36.127. (Repealed).

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

1029.8.36.128. (Repealed).

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

§ 2 . —

Repealed, 2010, c. 5, s. 158.

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

1029.8.36.129. (Repealed).

2001, c. 51, s. 189; 2003, c. 9, s. 334; 2010, c. 5, s. 158.

1029.8.36.130. (Repealed).

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

1029.8.36.131. (Repealed).

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

1029.8.36.132. (Repealed).

2001, c. 51, s. 189; 2003, c. 9, s. 335; 2010, c. 5, s. 158.

1029.8.36.133. (Repealed).

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

1029.8.36.134. (Repealed).

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

1029.8.36.135. (Repealed).

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

1029.8.36.136. (Repealed).

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

1029.8.36.137. (Repealed).

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

1029.8.36.138. (Repealed).

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

1029.8.36.139. (Repealed).

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

1029.8.36.140. (Repealed).

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

§ 3 . —

Repealed, 2010, c. 5, s. 158.

2001, c. 51, s. 182; 2010, c. 5, s. 158.

1029.8.36.141. (Repealed).

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

1029.8.36.142. (Repealed).

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

1029.8.36.143. (Repealed).

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

1029.8.36.144. (Repealed).

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

1029.8.36.145. (Repealed).

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

1029.8.36.146. (Repealed).

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

DIVISION II.6.13 CREDIT RELATING TO FINANCIAL ANALYSTS SPECIALIZED IN SECURITIES OF QUÉBEC CORPORATIONS OR IN FINANCIAL DERIVATIVES

2002, c. 9, s. 113; 2003, c. 9, s. 336.

§ 1 . — Interpretation and general

2002, c. 9, s. 113.

1029.8.36.147. In this division,

“associated group” in a taxation year means the group formed by all of the corporations that are associated with each other in the year;

“eligibility period” applicable to an individual for a taxation year in relation to a corporation means the part of the year within the period for which the qualification certificate issued to the corporation in respect of the individual is valid;

“eligible financial analyst” of a corporation for a taxation year means an individual in respect of whom a certificate is issued to the corporation for the year by the Minister of Finance certifying, for the entire eligibility period applicable to the individual for the year in relation to the corporation, that the individual’s contract of employment provides for at least 26 hours of work per week for a minimum of 40 weeks and that

(a)  where the individual is an individual in respect of whom a qualification certificate has been issued in accordance with paragraph a of the definition of “qualification certificate”,

i.  the individual devotes 75% of the time at work in relation to the individual’s employment with the corporation to security analysis activities in an establishment of the corporation situated in Québec, and

ii.  more than 50% of the security analysis activities of the individual relate to securities of corporations each of which is a Québec corporation in respect of the year; and

(b)  where the individual is an individual in respect of whom a qualification certificate has been issued in accordance with paragraph b of the definition of “qualification certificate”,

i.  the individual devotes 75% of the time at work in relation to the individual’s employment with the corporation to financial derivatives analysis activities or activities of an adviser or dealer, within the meaning assigned to those expressions by the Securities Act (chapter V-1.1), which the individual carries on in respect of financial derivatives, and

ii.  the individual carries on duties in an establishment of the corporation situated in Québec, or outside such an establishment, but in the course of the employee’s duties as an employee of that establishment;

“excluded corporation” means

(a)  a corporation that is exempt from tax under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax under section 985, but for section 192;

“financial derivative” means a contract, instrument or security, the market price, value or payment obligations of which is derived from an underlying interest or from the relationship between certain underlying interests;

“qualification certificate” in respect of an individual means

(a)  a certificate issued to a corporation by the Minister of Finance after 29 June 2000 that certifies that the individual qualifies as a financial analyst specialized in securities of Québec corporations for the purposes of this division and that the individual took up employment with the corporation in that capacity before 12 June 2003; or

(b)  a certificate issued to a corporation by the Minister of Finance after 9 April 2001 that certifies that the individual qualifies as a financial analyst specialized in financial derivatives for the purposes of this division and that the individual took up employment with the corporation in that capacity before 12 June 2003;

“qualified wages” paid to an individual by a corporation for a taxation year means the lesser of

(a)  the amount obtained by multiplying $75,000 by the proportion that the number of weeks ending in the eligibility period applicable to the individual for the year in relation to the corporation and for which the corporation paid the individual an amount as wages is of 52; and

(b)  the amount by which the aggregate of all amounts each of which is an amount of wages paid by the corporation to the individual for a week ending in the eligibility period applicable to the individual for the year in relation to the corporation, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such wages, that the corporation has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for that taxation year, and

ii.  the aggregate of all amounts each of which is the amount of a benefit or advantage in respect of such wages, other than a benefit or advantage that may reasonably be attributed to the individual’s employment with the corporation as an eligible financial analyst, that a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, on or before the corporation’s filing-due date for that taxation year, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner;

“Québec corporation” in respect of a taxation year of a particular corporation, in this definition referred to as the “base year”, means, subject to section 1029.8.36.148, a corporation

(a)  a class of shares of the capital stock of which, at any time in the base year, is listed, or is in the process of being listed, on a Canadian stock exchange or a foreign stock exchange; and

(b)  more than 50% of the wages paid by it to employees in its taxation year, in this paragraph referred to as the “particular year”, ending in the base year, where the particular year is its first taxation year, or in its taxation year preceding the particular year, were paid to employees of an establishment situated in Québec;

“underlying interest” means any security, commodity, financial instrument, currency, interest rate, foreign exchange rate, economic indicator, index, basket, contract, benchmark or other reference, interest or variable;

“wages” means the income computed pursuant to Chapters I and II of Title II of Book III.

For the purpose of determining the qualified wages paid to an individual, a week ending in the eligibility period applicable to the individual for the year in relation to the corporation is deemed not to be such a week where

(a)  the corporation is not a qualified corporation at any time during that week; or

(b)  the individual is a specified shareholder of the corporation at any time during that week.

For the purposes of subparagraph a of the second paragraph, a qualified corporation is

(a)  for the purpose of determining the qualified wages paid to an individual in respect of whom a qualification certificate has been issued in accordance with paragraph a of the definition of “qualification certificate” in the first paragraph, a corporation that carries on a business in Québec, has an establishment in Québec and is registered with the Autorité des marchés financiers as an unrestricted practice dealer or an unrestricted practice adviser in accordance with the Securities Act, but does not include

i.  an excluded corporation, or

ii.  a corporation that is exempt from registration as a dealer or an adviser with the Autorité des marchés financiers under Title V of the Securities Act, any of sections 2.1, 2.2, 2.9, 2.10, 2.11, 2.16, 2.18, 2.31, 2.33, 2.42, 3.1 and 3.4 of Regulation 45-106 respecting prospectus and registration exemptions, approved by ministerial order 2005-20 (2005, G.O. 2, 3664), or section 194.1 or 194.2 of the Securities Regulation made by Order in Council 660-83 (1983, G.O. 2, 1269); or

(b)  for the purpose of determining the qualified wages paid to an individual in respect of whom a qualification certificate has been issued in accordance with paragraph b of the definition of “qualification certificate” in the first paragraph, a corporation, other than an excluded corporation, that carries on a business in Québec and has an establishment in Québec.

For the purposes of the definition of “Québec corporation” in the first paragraph, the following rules apply:

(a)  a class of shares of the capital stock of a corporation is considered to be in the process of being listed on a Canadian stock exchange or a foreign stock exchange if the corporation has filed a preliminary prospectus with the Autorité des marchés financiers or another competent securities regulatory or supervisory body in order to have the class of shares listed on that stock exchange; and

(b)  for the purpose of determining the proportion of the wages of a corporation’s employees that the corporation paid to employees of an establishment situated in Québec, the following rules apply:

i.  except where a commission is paid to a person who is not an employee of the corporation, an amount paid under an agreement by the corporation to a person for services that would normally be rendered by the employees of the corporation is deemed to be wages paid to such an employee of the establishment of the corporation to which the services are reasonably attributable and to the extent that they are so attributable, and

ii.  where an employee renders a service to or on behalf of a corporation that is not the employer of the employee, an amount that may reasonably be considered to be the wages earned by the employee for the rendering of the service is deemed, for the taxation year during which the wages are paid to the employee, to be wages paid by the corporation to an employee of an establishment of the corporation to which the service is reasonably attributable, if the amount is not otherwise included in the aggregate of the wages paid by the corporation that are determined for the purposes of this division and if the service rendered by the employee is

(1)  performed by the employee in the normal course of the employee’s duties for the employer,

(2)  rendered to or on behalf of the corporation as part of the regular, ongoing activities of carrying on a business by the corporation, and

(3)  of the same type as services rendered by employees of entities carrying on the same type of business as the business referred to in subparagraph 2.

2002, c. 9, s. 113; 2002, c. 40, s. 202; 2002, c. 45, s. 521; 2003, c. 9, s. 337; 2004, c. 37, s. 90; 2005, c. 23, s. 221; 2006, c. 13, s. 170.

1029.8.36.148. A corporation is not a Québec corporation in respect of a taxation year of a particular corporation, in this section referred to as the “base year”, if the following conditions are satisfied:

(a)  the corporation’s assets applicable to its taxation year, in this section and in section 1029.8.36.150 referred to as the “particular year”, that ends in the base year is equal to or greater than $1,000,000,000; and

(b)  where the particular year is not the corporation’s first fiscal period, the corporation’s market capitalization applicable to the particular year is equal to or greater than $1,000,000,000.

The assets of a corporation applicable to a taxation year are the corporation’s assets shown in its financial statements submitted to the shareholders for its preceding taxation year or, where the corporation is in its first fiscal period, at the beginning of that fiscal period.

The market capitalization of a corporation applicable to a taxation year corresponds to the corporation’s market capitalization at the end of its preceding taxation year.

For the purpose of determining the assets of a corporation in accordance with the second paragraph, the following rules apply:

(a)  if the corporation’s financial statements have not been prepared, or have not been prepared in accordance with generally accepted accounting principles, the corporation’s assets are the assets that would be shown if such financial statements had been prepared in accordance with generally accepted accounting principles; and

(b)  if the corporation is a cooperative, the second paragraph shall be read as if the reference therein to “submitted to the shareholders” were a reference to “submitted to the members”.

2002, c. 9, s. 113; 2002, c. 40, s. 203.

1029.8.36.149. For the purposes of the second paragraph of section 1029.8.36.148, in computing the assets of a corporation at any time, the amount that is the surplus reassessment of its property at that time and the amount of its incorporeal assets at that time shall be subtracted, to the extent that the amount indicated in their respect exceeds the expenditure made in their respect.

All or part of an expenditure made in respect of incorporeal assets is deemed to be nil if it consists of shares of the capital stock of a corporation or capital of a cooperative.

2002, c. 9, s. 113; 2002, c. 40, s. 204; 2005, c. 1, s. 247.

1029.8.36.150. For the purposes of the first paragraph of section 1029.8.36.148, where a corporation is a member of an associated group in the particular year, the following rules apply:

(a)  the corporation’s assets applicable to the particular year are equal to the amount by which the total of the assets, otherwise determined for the purposes of this division, and the aggregate of all amounts each of which is the assets of another member of the group applicable to its taxation year that ends in the particular year, exceeds the total of the amount of investments the members of the group own in each other and the balance of inter-corporate accounts; and

(b)  the corporation’s market capitalization applicable to the particular year is equal to the amount by which the total of the market capitalization, otherwise determined for the purposes of this division, and the aggregate of all amounts each of which is the market capitalization of another member of the group applicable to its taxation year that ends in the particular year, exceeds the aggregate of all amounts each of which is the portion of the market capitalization of a member of the group that relates to shares of the capital stock of that member of the group that are owned by one or more other members.

The assets, or the market capitalization, of a member of the associated group applicable to its taxation year that ends in the particular year, are determined in accordance with the second or third paragraph of section 1029.8.36.148, as the case may be.

2002, c. 9, s. 113; 2002, c. 40, s. 205.

1029.8.36.151. Where a corporation or, if the corporation is a member of an associated group, another member of that group reduces its assets by any transaction in a taxation year and, but for that reduction, the corporation would not be a Québec corporation by reason of section 1029.8.36.148, the assets are deemed for the purposes of this division not to have been so reduced unless the Minister decides otherwise.

2002, c. 9, s. 113.

§ 2 . — Credit

2002, c. 9, s. 113.

1029.8.36.152. A corporation that, in a taxation year, employs an individual as an eligible financial analyst is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for that year, on account of the corporation’s tax payable for that taxation year under this Part, an amount equal to 30% of the qualified wages that the corporation pays for the year to the individual, if the corporation encloses with the fiscal return the corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation in respect of the individual; and

(c)  a copy of the certificate referred to in the definition of “eligible financial analyst” in the first paragraph of section 1029.8.36.147 that was issued to the corporation for the year in respect of the individual.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2002, c. 9, s. 113; 2003, c. 9, s. 338; 2005, c. 23, s. 222.

1029.8.36.153. Subject to sections 1010 to 1011 and for the purposes of this division, where the Minister of Finance revokes a qualification certificate or a certificate issued by the Minister of Finance to a corporation in respect of an individual, the qualification certificate or certificate is null from the time the revocation becomes effective.

The revoked qualification certificate or certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2002, c. 9, s. 113.

1029.8.36.154. Where, in a taxation year in this section referred to as the “repayment year”, a corporation pays, pursuant to a legal obligation, an amount that may reasonably be considered to be repayment of government assistance or non-government assistance that was taken into account for the purpose of computing qualified wages paid by the corporation to an individual for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.152 for the particular taxation year, the corporation is deemed to have paid to the Minister for the repayment year, if it encloses the prescribed form with its fiscal return it is required to file for that year under section 1000, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.152 in respect of the qualified wages, if any amount so paid as repayment of such assistance at or before the end of the repayment year had reduced, for the particular year, the aggregate determined under subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.147, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.36.152 in respect of the qualified wages; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount paid as repayment of that assistance.

2002, c. 9, s. 113; 2002, c. 40, s. 206.

1029.8.36.155. For the purposes of section 1029.8.36.154, an amount of assistance is deemed to be repaid by a corporation in a taxation year pursuant to a legal obligation where that amount

(a)  reduced, because of subparagraph i of paragraph b of the definition of “qualified wages” in the first paragraph of section 1029.8.36.147, the amount of the wages referred to in that paragraph b for the purpose of computing qualified wages in respect of which the corporation is deemed to have paid an amount to the Minister under section 1029.8.36.152;

(b)  was not received by the corporation; and

(c)  ceased in the taxation year to be an amount that the corporation may reasonably expect to receive.

2002, c. 9, s. 113; 2002, c. 40, s. 207.

1029.8.36.156. (Repealed).

2002, c. 9, s. 113; 2002, c. 40, s. 208.

DIVISION II.6.14

Repealed, 2010, c. 25, s. 170.

2002, c. 40, s. 209; 2010, c. 25, s. 170.

§ 1 . —

Repealed, 2010, c. 25, s. 170.

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.157. (Repealed).

2002, c. 40, s. 209; 2004, c. 21, s. 423; 2010, c. 25, s. 170.

1029.8.36.158. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.159. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.160. (Repealed).

2002, c. 40, s. 209; 2005, c. 1, s. 248; 2010, c. 25, s. 170.

1029.8.36.161. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.162. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

§ 2 . —

Repealed, 2010, c. 25, s. 170.

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.163. (Repealed).

2002, c. 40, s. 209; 2003, c. 9, s. 339; 2010, c. 25, s. 170.

1029.8.36.164. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.165. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

1029.8.36.166. (Repealed).

2002, c. 40, s. 209; 2010, c. 25, s. 170.

DIVISION II.6.14.1 CREDITS TO FOSTER THE PARTICIPATION OF SECURITIES DEALERS ON THE NASDAQ STOCK EXCHANGE

2003, c. 9, s. 340.

§ 1 . — Interpretation and general

2003, c. 9, s. 340.

1029.8.36.166.1. In this division,

“associated group” has the meaning assigned by section 1029.8.36.166.7;

“eligible activity” of a corporation means an activity of the corporation on the Nasdaq Stock Exchange as an order-entry firm or market maker;

“eligible transaction management system” of a corporation means a transaction management system in respect of which the corporation holds, for the purposes of this division, a certificate issued by the Minister of Finance and that

(a)  consists of electronic communications equipment, software, software user licences or dedicated electronic connections, used to carry out activities of executing, managing and monitoring transactions in accordance with the applicable standards and regulations of the Nasdaq Canada stock market and to enable those activities to be integrated into the administrative operations of the corporation; and

(b)  is used in connection with an eligible activity of the corporation;

“excluded corporation” for a taxation year means

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 not so exempt from tax on all of its taxable income by reason of section 999.0.1; or

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

“expenditure in respect of administrative costs” of a corporation for a taxation year means the amount determined in its respect for the year pursuant to section 1029.8.36.166.2;

“expenditure in respect of labour recruitment and training” of a corporation for a taxation year means the amount determined in its respect for the year pursuant to section 1029.8.36.166.4;

“expenditure in respect of technological equipment” of a corporation for a taxation year means the amount determined in its respect for the year pursuant to section 1029.8.36.166.3;

“expenditure in respect of the eligible transaction management system” of a corporation for a taxation year means the amount determined in its respect for the year pursuant to section 1029.8.36.166.5;

“Nasdaq Stock Exchange” means a stock exchange the activities of which in Québec are carried on by a corporation recognized as a self-regulatory organization under the Act respecting Nasdaq stock exchange activities in Québec (chapter E-20.01);

“National Association of Securities Dealers” means a corporation incorporated in the United States under the laws of the State of Delaware under the name of National Association of Securities Dealers, Inc.;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation, that, in the year, carries on a business in Québec and has an establishment in Québec where it engages in an eligible activity and that holds for the year a valid qualification certificate issued by the Minister of Finance for the purposes of this division.

2003, c. 9, s. 340.

1029.8.36.166.2. The amount to which the definition of “expenditure in respect of administrative costs” in section 1029.8.36.166.1 refers in respect of a corporation for a taxation year is equal to the aggregate of all amounts each of which is an expenditure that is reasonable in the circumstances and incurred by the corporation in the year but in the period between 26 April 2000 and 1 January 2004, in relation to an eligible activity of the corporation engaged in by the corporation in that period, and each of which is expenses or professional fees incurred by the corporation to obtain membership in the National Association of Securities Dealers.

For the purposes of the first paragraph, the following rules apply:

(a)  the expenses and professional fees referred to in that paragraph include the costs for opening a file with the National Association of Securities Dealers, but do not include an amount attributable to expenses or remuneration incurred by the corporation in respect of its employees to obtain membership in the National Association of Securities Dealers; and

(b)  the expenses and professional fees referred to in that paragraph incurred by the corporation in a taxation year preceding the year in which the corporation qualifies as a qualified corporation for the first time, in this subparagraph referred to as the “qualification year”, are deemed to be incurred in the qualification year where it is reasonable to consider that the expenses or fees were incurred by the corporation for the sole purpose of enabling it to engage in an eligible activity in an establishment situated in Québec.

2003, c. 9, s. 340.

1029.8.36.166.3. The amount to which the definition of “expenditure in respect of technological equipment” in section 1029.8.36.166.1 refers in respect of a corporation for a taxation year is equal to the aggregate of all amounts each of which is an expenditure that is reasonable in the circumstances and that relates to the acquisition or leasing by the corporation of property that satisfies the conditions set out in the second paragraph, and each of which is

(a)  expenses incurred by the corporation in the year but in the period between 26 April 2000 and 1 January 2004, for the acquisition of such property in connection with the carrying out of an eligible activity of the corporation engaged in by the corporation in that period, and that are included in the capital cost of the property; or

(b)  expenses paid by the corporation in the year for the leasing of such property, if

i.  the lease contract in relation to the property is entered into after 26 April 2000 and before 1 January 2004,

ii.  the expenses are paid in respect of the two-year period following the beginning of the lease period for the property in relation to an eligible activity of the corporation engaged in by the corporation in the two-year period, and

iii.  the expenses are deductible in computing the income of the corporation under this Part.

The conditions to which the first paragraph refers in respect of a property acquired or leased by the corporation, as the case may be, are the following:

(a)  the property is computer equipment, including software or electronic communications equipment necessary for the carrying out of an eligible activity of the corporation;

(b)  before being acquired or leased by the corporation, the property has not been used for any purpose whatever or acquired for use or lease for any purpose whatever, except if the property is electronic communications equipment that the corporation acquired or leased from the Nasdaq Stock Exchange;

(c)  within reasonable time after being acquired or leased, the property begins to be used in connection with the carrying out of an eligible activity of the corporation;

(d)  the property is used exclusively or almost exclusively in connection with the carrying out of an eligible activity of the corporation;

(e)  the property is installed at an establishment of the corporation situated in Québec where the corporation engages in an eligible activity; and

(f)  in the case of property acquired by the corporation, the property is maintained at an establishment of the corporation situated in Québec where the corporation engages in an eligible activity, for a minimum period of two years after being installed.

2003, c. 9, s. 340.

1029.8.36.166.4. The amount to which the definition of “expenditure in respect of labour recruitment and training” in section 1029.8.36.166.1 refers in respect of a corporation for a taxation year is equal to the aggregate of all amounts each of which is an expenditure that is reasonable in the circumstances and incurred by the corporation in the year but in the period between 26 April 2000 and 1 January 2004, in relation to an eligible activity of the corporation engaged in by the corporation in that period, each of which is expenses relating to the recruitment or training of an employee of the establishment of the corporation situated in Québec where the corporation engages in an eligible activity, in this section referred to as the “eligible employee”, whose duties consist in rendering services in respect of an eligible activity of the corporation as a market operator or market maker, or as a supervisor, and that are described in any of the following subparagraphs:

(a)  advertising expenses for recruitment purposes;

(b)  expenses and fees paid to a personnel recruitment agency;

(c)  travel expenses incurred to conduct an interview with a candidate;

(d)  registration fees for a course or exam, including expenses relating to the educational material required by the eligible employee registered in the course or exam and, where applicable, classroom rental expenses, to the extent that the course or exam is related to the performance of the duties of the eligible employee in connection with the carrying out of an eligible activity of the corporation;

(e)  the wages paid to an eligible employee in respect of the eligible employee’s apprenticeship period; or

(f)  the expenses and fees paid to a consultant for the provision of training services intended primarily to complete the training of an eligible employee of the corporation in the strategies and procedures applicable to an eligible activity of the corporation.

For the purposes of the first paragraph, the following rules apply:

(a)  the aggregate of all amounts each of which is the wages paid by the corporation to an eligible employee in respect of the eligible employee’s apprenticeship period and that the corporation includes in computing the expenditure in respect of labour recruitment and training for one or more taxation years, may not exceed an amount equal to the wages ordinarily paid to that employee for 30 days of work; and

(b)  the amounts referred to in any of the subparagraphs of the first paragraph incurred by the corporation in a taxation year preceding the year in which the corporation qualified as a qualified corporation for the first time, in this subparagraph referred to as the “qualification year”, are deemed to be incurred in the qualification year, where it is reasonable to consider that they were incurred for the sole purpose of enabling the corporation to engage in an eligible activity in an establishment situated in Québec.

For the purposes of subparagraph e of the first paragraph and subparagraph a of the second paragraph, the following rules apply:

(a)  “wages” means the income computed under Chapters I and II of Title II of Book III; and

(b)  the apprenticeship period of an employee includes the days spent in class and those spent in workplace training.

2003, c. 9, s. 340.

1029.8.36.166.5. The amount to which the definition of “expenditure in respect of the eligible transaction management system” in section 1029.8.36.166.1 refers in respect of a corporation for a taxation year is equal to the aggregate of all amounts each of which is an expenditure that is reasonable in the circumstances and that relates to the acquisition or leasing of property that is a component of an eligible transaction management system and satisfies the conditions set out in the second paragraph, and each of which is

(a)  expenses incurred by the corporation in the year but in the period between 1 November 2001 and 1 January 2004, for the acquisition of such property in connection with the carrying out of an eligible activity of the corporation engaged in by the corporation in that period, and that are included in the capital cost of the property;

(b)  expenses paid by the corporation in the year for the leasing of such property that is electronic communications equipment or software, if

i.  the lease contract for the property is entered into after 1 November 2001 and before 1 January 2004,

ii.  the expenses are paid in respect of the two-year period following the beginning of the lease period for the property in relation to an eligible activity of the corporation engaged in by the corporation in the two-year period, and

iii.  the expenses are deductible in computing the income of the corporation under this Part; or

(c)  expenses or a royalty paid by the corporation in the year for the leasing of such property that is a software user licence or a dedicated electronic connection, if

i.  the expenses or the royalty are paid in respect of the lease period of the property that is between 1 November 2001 and 1 January 2004 in relation to an eligible activity of the corporation engaged in by the corporation in that period, and

ii.  the expenses or the royalty are deductible in computing the income of the corporation under this Part.

The conditions to which the first paragraph refers in respect of a property are the following:

(a)  before being acquired or leased by the corporation, the property that is electronic communications equipment or software has not been used for any purpose whatever or acquired for use or lease for any purpose whatever, except if the property is electronic communications equipment that the corporation acquired or leased from the National Association of Securities Dealers or any of its controlled subsidiaries;

(b)  within reasonable time after being acquired or leased, the property begins to be used in connection with the carrying out of an eligible activity of the corporation;

(c)  the property is used exclusively or almost exclusively in connection with the carrying out of an eligible activity of the corporation;

(d)  in the case of property that is electronic communications equipment or software that the corporation acquired or leased, the property is installed at an establishment of the corporation situated in Québec where the corporation engages in an eligible activity; and

(e)  in the case of property acquired by the corporation, the property is maintained in an establishment of the corporation situated in Québec where the corporation engages in an eligible activity, for a minimum period of two years after being installed.

2003, c. 9, s. 340.

1029.8.36.166.6. An amount that a corporation may include in computing its expenditure in respect of an eligible transaction management system for a taxation year may not be included in computing its expenditure in respect of technological equipment for any taxation year.

2003, c. 9, s. 340.

1029.8.36.166.7. An associated group in a taxation year means the group formed by all the corporations that are associated with each other in the year.

An associated group at the end of a taxation year means the group formed by all the corporations that are associated with each other at that time.

2003, c. 9, s. 340; 2005, c. 23, s. 223.

1029.8.36.166.8. For the purposes of this division, two or more corporations are deemed to be members of an associated group in a taxation year or at the end of a taxation year, as the case may be, if it may reasonably be considered that one of the main reasons for the separate existence of the corporations in that year or at the end of that year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division or to increase such an amount.

2003, c. 9, s. 340.

§ 2 . — Credits

2003, c. 9, s. 340.

1029.8.36.166.9. A qualified corporation for a taxation year is deemed, subject to the second paragraph, to have paid to the Minister, on the qualified corporation’s balance-due day for that year, an amount equal to 50% of its expenditure in respect of administrative costs for the year, to the extent that the expenses or professional fees included in computing the expenditure in respect of administrative costs are paid, if the qualified corporation encloses with the fiscal return the qualified corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation and referred to in the definition of “qualified corporation” in section 1029.8.36.166.1; and

(c)  if the corporation is a member of an associated group at the end of the year, the agreement referred to in section 1029.8.36.166.11.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 340.

1029.8.36.166.10. For the purposes of the first paragraph of section 1029.8.36.166.9 and section 1029.8.36.166.26, the amount that a corporation is deemed to have paid to the Minister for a taxation year under the first paragraph of section 1029.8.36.166.9 and section 1029.8.36.166.26 may not exceed, where the corporation is a member of an associated group at the end of the year, the amount that is attributed to the corporation for the year pursuant to the agreement referred to in section 1029.8.36.166.11 or, in any other case, the amount by which $25,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph of section 1029.8.36.166.9 and section 1029.8.36.166.26

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any other taxation year preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.11. The agreement to which section 1029.8.36.166.10 refers, in respect of a corporation that is a member of an associated group at the end of a taxation year, is the agreement pursuant to which every corporation that is a member of the group attributes to the corporation an amount for the year that is not greater than the amount by which $25,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under sections 1029.8.36.166.9 and 1029.8.36.166.26

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.12. A qualified corporation for a taxation year is deemed, subject to the second paragraph, to have paid to the Minister, on the qualified corporation’s balance-due day for that year, an amount equal to 50% of its expenditure in respect of technological equipment for the year, to the extent that the expenses included in computing the expenditure in respect of technological equipment are paid, if the qualified corporation encloses with the fiscal return the qualified corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation and referred to in the definition of “qualified corporation” in section 1029.8.36.166.1; and

(c)  if the corporation is a member of an associated group at the end of the year, the agreement referred to in section 1029.8.36.166.14.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 340.

1029.8.36.166.13. For the purposes of the first paragraph of section 1029.8.36.166.12 and section 1029.8.36.166.27, the amount that a corporation is deemed to have paid to the Minister for a taxation year under the first paragraph of section 1029.8.36.166.12 and section 1029.8.36.166.27 may not exceed, where the corporation is a member of an associated group at the end of the year, the amount that is attributed to the corporation for the year pursuant to the agreement referred to in section 1029.8.36.166.14 or, in any other case, the amount by which $100,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph of section 1029.8.36.166.12 and section 1029.8.36.166.27

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any other taxation year preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.14. The agreement to which section 1029.8.36.166.13 refers, in respect of a corporation that is a member of an associated group at the end of a taxation year, is the agreement pursuant to which every corporation that is a member of the group attributes to the corporation an amount for the year that is not greater than the amount by which $100,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under sections 1029.8.36.166.12 and 1029.8.36.166.27

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.15. A qualified corporation for a taxation year is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that year, an amount equal to 50% of its expenditure in respect of labour recruitment and training for the year, to the extent that the expenses included in computing the expenditure in respect of labour recruitment and training are paid, if the qualified corporation encloses with the fiscal return the qualified corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation and referred to in the definition of “qualified corporation” in section 1029.8.36.166.1; and

(c)  if the corporation is a member of an associated group at the end of the year, the agreement referred to in section 1029.8.36.166.17.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 340.

1029.8.36.166.16. For the purposes of the first paragraph of section 1029.8.36.166.15 and section 1029.8.36.166.28, the amount that a corporation is deemed to have paid to the Minister for a taxation year under the first paragraph of section 1029.8.36.166.15 and section 1029.8.36.166.28 may not exceed, where the corporation is a member of an associated group at the end of the year, the amount that is attributed to the corporation for the year pursuant to the agreement referred to in section 1029.8.36.166.17 or, in any other case, the amount by which $50,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph of section 1029.8.36.166.15 and section 1029.8.36.166.28

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any other taxation year preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.17. The agreement to which section 1029.8.36.166.16 refers, in respect of a corporation that is a member of an associated group at the end of a taxation year, is the agreement pursuant to which every corporation that is a member of the group attributes to the corporation an amount for the year that is not greater than the amount by which $50,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under sections 1029.8.36.166.15 and 1029.8.36.166.28

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.18. A qualified corporation for a taxation year is deemed, subject to the second paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for that year, an amount equal to 50% of its expenditure in respect of the eligible transaction management system for the year, to the extent that the expenses or royalties included in computing the expenditure in respect of the eligible transaction management system are paid, if the qualified corporation encloses with the fiscal return the qualified corporation is required to file under section 1000 for the year

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the qualification certificate issued to the corporation and referred to in the definition of “qualified corporation” in section 1029.8.36.166.1;

(c)  a copy of the valid certificate issued to the corporation and referred to in the definition of “eligible transaction management system” in section 1029.8.36.166.1; and

(d)  if the corporation is a member of an associated group at the end of the year, the agreement referred to in section 1029.8.36.166.20.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 340.

1029.8.36.166.19. For the purposes of the first paragraph of section 1029.8.36.166.18 and section 1029.8.36.166.29, the amount that a corporation is deemed to have paid to the Minister for a taxation year under the first paragraph of section 1029.8.36.166.18 and section 1029.8.36.166.29 may not exceed, where the corporation is a member of an associated group at the end of the year, the amount that is attributed to the corporation for the year pursuant to the agreement referred to in section 1029.8.36.166.20 or, in any other case, the amount by which $150,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under the first paragraph of section 1029.8.36.166.18 and section 1029.8.36.166.29

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any other taxation year preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.20. The agreement to which section 1029.8.36.166.19 refers, in respect of a corporation that is a member of an associated group at the end of a taxation year, is the agreement pursuant to which every corporation that is a member of the group attributes to the corporation an amount for the year that is not greater than the amount by which $150,000 exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister under sections 1029.8.36.166.18 and 1029.8.36.166.29

(a)  by the corporation for a preceding taxation year;

(b)  where the corporation is a member of an associated group in the year, by another corporation that is a member of the group, for a particular taxation year of the other corporation ending in the year or for any taxation year of the other corporation preceding that particular year; or

(c)  where the corporation was a member of an associated group in a preceding taxation year, by another corporation, other than a corporation referred to in paragraph b, that is a member of the group, for a particular taxation year of the other corporation ending in that preceding taxation year or for any taxation year of the other corporation preceding that particular taxation year.

2003, c. 9, s. 340.

1029.8.36.166.21. Subject to sections 1010 to 1011 and for the purposes of this division, where the Minister of Finance revokes a qualification certificate or a certificate issued by the Minister of Finance to a corporation, the qualification certificate or certificate is null from the time the revocation becomes effective.

The revoked qualification certificate or certificate referred to in the first paragraph is deemed not to have been issued as of the effective date specified in the notice of revocation.

2003, c. 9, s. 340.

§ 3 . — Government assistance, non-government assistance and other particulars

2003, c. 9, s. 340.

1029.8.36.166.22. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.9, the amount of the expenses or professional fees included in the expenditure in respect of administrative costs of the corporation for the year shall be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to those expenses or fees, as the case may be, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

2003, c. 9, s. 340.

1029.8.36.166.23. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.12, the amount of the expenses included in the expenditure in respect of technological equipment of the corporation for the year shall be reduced, where applicable, by the amount of any government assistance or non-government assistance, attributable to those expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

2003, c. 9, s. 340.

1029.8.36.166.24. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.15, the amount of the expenses included in the expenditure in respect of labour recruitment and training of the corporation for the year shall be reduced, where applicable, by the amount of any government assistance or non-government assistance, attributable to those expenses, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

2003, c. 9, s. 340.

1029.8.36.166.25. For the purpose of computing the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.18, the amount of the expenses or of a royalty included in the expenditure in respect of the eligible transaction management system of the corporation for the year shall be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to those expenses or that royalty, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the year.

2003, c. 9, s. 340.

1029.8.36.166.26. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, before 1 January 2005, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that was taken into account for the purpose of computing an expenditure in respect of administrative costs of the corporation for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister for the particular taxation year under section 1029.8.36.166.9, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.9 if any amount of such assistance so repaid at the latest at the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.166.22, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.9 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2003, c. 9, s. 340.

1029.8.36.166.27. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, before 1 January 2007, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that was taken into account for the purpose of computing an expenditure in respect of technological equipment of the corporation for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister for the particular taxation year under section 1029.8.36.166.12, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.12 if any amount of such assistance so repaid at the latest at the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.166.23, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.12 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2003, c. 9, s. 340.

1029.8.36.166.28. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, before 1 January 2005, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that was taken into account for the purpose of computing an expenditure in respect of labour recruitment and training of the corporation for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister for the particular taxation year under section 1029.8.36.166.15, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.15 if any amount of such assistance so repaid at the latest at the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.166.24, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.15 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2003, c. 9, s. 340.

1029.8.36.166.29. Where, in a taxation year, in this section referred to as the “repayment year”, a corporation pays, before 1 January 2007, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that was taken into account for the purpose of computing an expenditure in respect of the eligible transaction management system of the corporation for a particular taxation year and in respect of which the corporation is deemed to have paid an amount to the Minister for the particular taxation year under section 1029.8.36.166.18, the corporation is deemed, if it encloses the prescribed form with the fiscal return it is required to file for the repayment year under section 1000, to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, an amount equal to the amount by which the amount that it would be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.18 if any amount of such assistance so repaid at the latest at the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in section 1029.8.36.166.25, exceeds the aggregate of

(a)  the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.18 for the particular year; and

(b)  any amount that the corporation is deemed to have paid to the Minister under this section for a taxation year preceding the repayment year in respect of an amount of repayment of that assistance.

2003, c. 9, s. 340.

1029.8.36.166.30. For the purposes of section 1029.8.36.166.26, an amount is deemed to be an amount of assistance repaid by a corporation, in a particular taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.166.22, the amount of the expenses or professional fees included in the expenditure in respect of administrative costs of the corporation for a taxation year for the purpose of computing the amount it is deemed to have paid to the Minister for that taxation year under section 1029.8.36.166.9;

(b)  was not received by the corporation; and

(c)  ceased in the particular taxation year to be an amount that the corporation may reasonably expect to receive.

2003, c. 9, s. 340.

1029.8.36.166.31. For the purposes of section 1029.8.36.166.27, an amount is deemed to be an amount of assistance repaid by a corporation, in a particular taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.166.23, the amount of the acquisition costs or rental expenses included in the expenditure in respect of technological equipment of the corporation for a taxation year for the purpose of computing the amount it is deemed to have paid to the Minister for that taxation year under section 1029.8.36.166.12;

(b)  was not received by the corporation; and

(c)  ceased in the particular taxation year to be an amount that the corporation may reasonably expect to receive.

2003, c. 9, s. 340.

1029.8.36.166.32. For the purposes of section 1029.8.36.166.28, an amount is deemed to be an amount of assistance repaid by a corporation, in a particular taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.166.24, the amount of the expenses included in the expenditure in respect of labour recruitment and training of the corporation for a taxation year for the purpose of computing the amount it is deemed to have paid to the Minister for that taxation year under section 1029.8.36.166.15;

(b)  was not received by the corporation; and

(c)  ceased in the particular taxation year to be an amount that the corporation may reasonably expect to receive.

2003, c. 9, s. 340.

1029.8.36.166.33. For the purposes of section 1029.8.36.166.29, an amount is deemed to be an amount of assistance repaid by a corporation, in a particular taxation year, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.166.25, the amount of the expenses or a royalty included in the expenditure in respect of the eligible transaction management system of the corporation for a taxation year for the purpose of computing the amount it is deemed to have paid to the Minister for that taxation year under section 1029.8.36.166.18;

(b)  was not received by the corporation; and

(c)  ceased in the particular taxation year to be an amount that the corporation may reasonably expect to receive.

2003, c. 9, s. 340.

1029.8.36.166.34. Where, in respect of the registration of a corporation as a member of the National Association of Securities Dealers, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the registration, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, or a person or a partnership is deemed to have obtained or to be entitled to obtain such a benefit or advantage upon a determination by the Minister to that effect, the amount of the expenditure in respect of administrative costs of a qualified corporation for a taxation year shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, or is deemed to have obtained or to be entitled to obtain, on or before the qualified corporation’s filing-due date for that taxation year.

2003, c. 9, s. 340.

1029.8.36.166.35. Where, in respect of the recruitment or training of an employee referred to in section 1029.8.36.166.4, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the recruitment and training of the employee, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, or a person or a partnership is deemed to have obtained or to be entitled to obtain such a benefit or advantage upon a determination by the Minister to that effect, the amount of the expenditure in respect of labour recruitment and training of a qualified corporation for a taxation year shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain, or is deemed to have obtained or to be entitled to obtain, on or before the qualified corporation’s filing-due date for that taxation year.

2003, c. 9, s. 340.

1029.8.36.166.36. For the purposes of this division, the amount of the acquisition costs or rental expenses, in respect of a particular property, that are included in the expenditure in respect of technological equipment of a corporation shall be reduced by the amount of the consideration for the supply of services to the corporation or to a person with whom the corporation does not deal at arm’s length, or by the amount of the consideration for the disposition or lease of other property to the corporation or to such a person, except if the consideration may reasonably be considered to relate to the acquisition, lease or installation of the particular property, or to the acquisition of property resulting from work related to the installation of the particular property, or of property consumed in connection with such work.

2003, c. 9, s. 340.

1029.8.36.166.37. For the purposes of this division, the amount of the acquisition costs, rental expenses or a royalty, in respect of a particular property, that are included in the expenditure in respect of the eligible transaction management system of a corporation shall be reduced by the amount of the consideration for the supply of services to the corporation or to a person with whom the corporation does not deal at arm’s length, or by the amount of the consideration for the disposition or lease of other property to the corporation or to such a person, except if the consideration may reasonably be considered to relate to the acquisition, lease, installation or use of the particular property, or to the acquisition of property resulting from work related to the installation of the particular property, or of property consumed in connection with such work.

2003, c. 9, s. 340.

1029.8.36.166.38. Where, in respect of the acquisition or lease of property referred to in the second paragraph of section 1029.8.36.166.3, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the supply or installation of the property, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the amount of the acquisition costs or rental expenses in respect of the property that are included in the expenditure in respect of technological equipment of a qualified corporation for a taxation year shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for that taxation year.

2003, c. 9, s. 340.

1029.8.36.166.39. Where, in respect of the acquisition, lease or use of property referred to in the second paragraph of section 1029.8.36.166.5, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the supply, installation or use of the property, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the amount of the acquisition costs, rental expenses or a royalty in respect of the property that are included in the expenditure in respect of the eligible transaction management system of a qualified corporation for a taxation year shall be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for that taxation year.

2003, c. 9, s. 340.

DIVISION II.6.14.2 CREDIT FOR INVESTMENTS RELATING TO MANUFACTURING AND PROCESSING EQUIPMENT

2009, c. 15, s. 303.

§ 1 . — Interpretation and general

2009, c. 15, s. 303.

1029.8.36.166.40. In this division,

“aluminum producing corporation” for a taxation year means a corporation that, at any time in the year after 13 March 2008, carries on an aluminum producing business or is the owner or lessee of property used in the carrying on of such a business by another corporation, a partnership or a trust with which the corporation is associated;

“associated group” in a taxation year has the meaning assigned by section 1029.8.36.166.41;

“eligible expenses” of a corporation for a particular taxation year or of a partnership for a particular fiscal period, in respect of a qualified property, means

(a)   for a corporation, the aggregate of the following expenses, except expenses incurred with a person with whom the corporation, a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of the corporation, is not dealing at arm’s length:

i.  the expenses incurred by the corporation in the particular taxation year to acquire the qualified property that are included, at the end of that year, in the capital cost of the property and that are paid in the particular year,

ii.  the amount by which the expenses incurred by the corporation in the particular taxation year or a preceding taxation year to acquire the qualified property that are included, at the end of the particular year or of the preceding year, as the case may be, in the capital cost of the property and that are paid after the end of the particular year or of the preceding year, as the case may be, but not later than 18 months after the end of that year, exceeds the portion of those expenses that was taken into account for the purpose of determining the amount of the corporation’s eligible expenses in respect of which the corporation would be deemed to have paid an amount to the Minister under section 1029.8.36.166.43 for a taxation year preceding the particular year if that section were read without reference to its third paragraph, and

iii.  the expenses incurred by the corporation to acquire the qualified property that are included in the capital cost of the property and that are paid in the particular taxation year, if the expenses are paid more than 18 months after the end of the taxation year in which they were incurred; and

(b)  for a partnership, the aggregate of the following expenses, except expenses incurred with a corporation that is a member of the partnership or with a person with whom such a corporation, a specified shareholder of the corporation or, if the corporation is a cooperative, a specified member of the corporation, is not dealing at arm’s length:

i.  the expenses incurred by the partnership in the particular fiscal period to acquire the qualified property that are included, at the end of that fiscal period, in the capital cost of the property and that are paid in that fiscal period,

ii.  the amount by which the expenses incurred by the partnership in the particular fiscal period or a preceding fiscal period to acquire the qualified property that are included, at the end of the particular fiscal period or of the preceding fiscal period, as the case may be, in the capital cost of the property and that are paid after the end of the particular fiscal period or of the preceding fiscal period, as the case may be, but not later than 18 months after the end of that fiscal period, exceeds the portion of those expenses that was taken into account for the purpose of determining the amount of the partnership’s eligible expenses in respect of which a corporation that is a member of the partnership would be deemed to have paid an amount to the Minister under section 1029.8.36.166.44 for a taxation year preceding that in which the particular fiscal period ends if that section were read without reference to its third paragraph, and

iii.  the expenses incurred by the partnership to acquire the qualified property that are included in the capital cost of the property and that are paid in the particular fiscal period, if the expenses are paid more than 18 months after the end of the fiscal period in which they were incurred;

“excluded corporation” for a taxation year means

(a)  a corporation that is exempt from tax for the year under Book VIII, other than an insurer referred to in paragraph k of section 998 that is not so exempt from tax on all of its taxable income for the year because of section 999.0.1;

(b)  a corporation that would be exempt from tax for the year under section 985, but for section 192;

(c)  an aluminum producing corporation for the year;

(d)  an oil refining corporation for the year; or

(e)  a corporation that was carrying on a recognized business, for the purposes of Division II.6.6.6.1, before 1 April 2008 and, if the taxation year is the one in which the calendar year 2008 or 2009 ends, that has not made an election under section 1029.8.36.72.82.3.1 for the year or a preceding taxation year or, if the taxation year is the one in which the calendar year 2010 ends, that has made an election under section 1029.8.36.72.82.3.1.1 for the year, or that is associated with such a corporation in the year;

“excluded partnership” for a fiscal period means a partnership that, at any time in the fiscal period after 13 March 2008, carries on an aluminum producing business or an oil refining business;

“limit relating to an unused portion” in respect of a corporation for a taxation year means the aggregate of its total taxes for the year and of the amount determined for the year in its respect under the second paragraph of section 1029.8.36.166.42;

“major investment project” has the meaning assigned by the first paragraph of section 737.18.14;

“maximum tax credit amount” of a corporation for a taxation year means the aggregate of the amount by which its total taxes for the year exceed the amount it is deemed to have paid to the Minister for the year under section 1029.8.36.166.46, and of the amount determined for the year in its respect under the first paragraph of section 1029.8.36.166.42;

“oil refining corporation” for a taxation year means a corporation that, at any time in the year after 13 March 2008, carries on an oil refining business or is the owner or lessee of property used in the carrying on of such a business by another corporation, a partnership or a trust with which the corporation is associated;

“qualified corporation” for a taxation year means a corporation, other than an excluded corporation for the year, that, in the year, carries on a business in Québec and has an establishment in Québec;

“qualified partnership” for a fiscal period means a partnership, other than an excluded partnership for the fiscal period, that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“qualified property” of a corporation or partnership means a prescribed property that is acquired by the corporation or partnership and that

(a)  is acquired after 13 March 2008 and before 1 January 2016, but is not a property acquired pursuant to an obligation in writing entered into before 14 March 2008 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 13 March 2008;

(b)  begins to be used within a reasonable time after being acquired;

(c)  is used solely in Québec and mainly in the course of carrying on a business, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out; and

(d)  was not, before its acquisition, used for any purpose or acquired to be used or leased for any purpose whatever;

“recognized business” has the meaning assigned by the first paragraph of section 737.18.14;

“resource region” means

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (R.R.Q., c. D-11, r. 1):

i.  (subparagraph repealed);

ii.  administrative region 02 Saguenay-Lac-Saint-Jean,

iii.  administrative region 04 Mauricie,

iv.  administrative region 08 Abitibi-Témiscamingue,

v.  administrative region 09 Côte-Nord,

vi.  administrative region 10 Nord-du-Québec, or

vii.  administrative region 11 Gaspésie-Îles-de-la-Madeleine; or

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

i.1.  Municipalité régionale de comté de Kamouraska,

i.2.  Municipalité régionale de comté de La Matapédia,

i.3.  Municipalité régionale de comté de La Mitis,

ii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau, or

ii.1.  Municipalité régionale de comté des Basques,

ii.2.  Municipalité régionale de comté de Matane,

iii.  Municipalité régionale de comté de Pontiac;

iv.  Municipalité régionale de comté de Rimouski-Neigette,

v.  Municipalité régionale de comté de Rivière-du-Loup, or

vi.  Municipalité régionale de comté de Témiscouata;

“specified member” of a corporation that is a cooperative, in a taxation year, means a member having, directly or indirectly, at any time in the year, at least 10% of the votes at a meeting of the members of the cooperative;

“total taxes” of a corporation for a taxation year means the aggregate of its tax payable under this Part for the year and of its tax payable under Parts IV, IV.1, VI and VI.1 for the year;

“unused portion of the tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under the first paragraph of sections 1029.8.36.166.43 and 1029.8.36.166.44 if no reference were made to the third paragraph of those sections, exceeds the corporation’s maximum tax credit amount for the year.

For the purposes of the definition of “eligible expenses” in the first paragraph, the expenses that are included, at the end of a taxation year or fiscal period, in the capital cost of a property do not include the expenses so included under section 180 or 182.

For the purposes of the definitions of “aluminum producing corporation” and “oil refining corporation” in the first paragraph, the rules set out in subparagraphs b and c of the second paragraph of section 1029.8.36.166.41 apply for the purpose of determining whether a corporation is associated with a partnership or trust at any time.

2009, c. 15, s. 303; 2010, c. 5, s. 159; 2010, c. 25, s. 171.

1029.8.36.166.40.1. For the purposes of this division, the balance of a qualified corporation’s cumulative eligible expense limit for a particular taxation year is equal,

(a)  if the qualified corporation is not a member of an associated group in the particular year, to the amount by which $75,000,000 exceeds the aggregate of all amounts each of which is the amount of the portion of the qualified corporation’s eligible expenses, in respect of a qualified property, for a given taxation year that ends in a 24-month period preceding the beginning of the particular year, or its share of the portion of a partnership’s eligible expenses, in respect of a qualified property, for a fiscal period of the partnership that ends in such a given taxation year, that are referred to in subparagraph a of the first paragraph of section 1029.8.36.166.43 or 1029.8.36.166.44 and in respect of which an amount is deemed to have been paid to the Minister by the corporation for the given year under section 1029.8.36.166.43 or 1029.8.36.166.44 or would be so deemed to have been paid but for the third paragraph of that section; or

(b)  if the qualified corporation is a member of an associated group in the particular year, to the amount attributed for the particular year to the qualified corporation pursuant to the agreement described in the second paragraph and filed with the Minister in the prescribed form or, if no amount is attributed to the qualified corporation pursuant to that agreement or in the absence of such an agreement, to zero or to the amount attributed to it by the Minister, if applicable, for the particular year in accordance with this division.

The agreement to which subparagraph b of the first paragraph refers, in respect of a particular taxation year of the qualified corporation, is the agreement under which all the corporations that are members of the associated group in the particular taxation year attribute, for the purposes of this section, to one or more of the corporations that are members of the associated group, for the particular taxation year, one or more amounts the total of which is not greater than the amount by which $75,000,000 exceeds the aggregate of all amounts each of which is

(a)  the amount of the portion of the eligible expenses of a corporation that is a member of the associated group in the particular year in respect of a qualified property, for a taxation year that ends in a 24-month period preceding the beginning of the particular year, which are referred to in subparagraph a of the first paragraph of section 1029.8.36.166.43 and in respect of which an amount is deemed to have been paid to the Minister by the corporation under section 1029.8.36.166.43 or would be so deemed to have been paid but for the third paragraph of that section; or

(b)  the amount of the share of a corporation that is a member of the associated group in the year of the portion of the eligible expenses of a partnership, in respect of a qualified property, for a fiscal period of the partnership that ended in a taxation year of the corporation that ends in a 24-month period preceding the beginning of the particular year, which are referred to in subparagraph a of the first paragraph of section 1029.8.36.166.44 and in respect of which an amount is deemed to have been paid to the Minister by the corporation under section 1029.8.36.166.44 or would be so deemed to have been paid but for the third paragraph of that section.

If the aggregate of the amounts attributed, in respect of a taxation year, in an agreement described in the second paragraph and entered into with the corporations that are members of an associated group in the year is greater than the excess amount determined under that paragraph, the amount determined under subparagraph b of the first paragraph in respect of each of those corporations for that taxation year is deemed, for the purposes of this section, to be equal to the proportion of that excess amount that that amount is of the aggregate of the amounts attributed for that year in the agreement.

For the purposes of this section and section 1029.8.36.166.40.2, an associated group in a taxation year means all the corporations that are associated with each other in the year.

For the purposes of subparagraph a of the first paragraph and subparagraph b of the second paragraph, a corporation’s share of the portion of the eligible expenses, in respect of a qualified property, of a partnership for a fiscal period is equal to the agreed proportion of that portion of the expenses in respect of the corporation for the fiscal period.

2010, c. 25, s. 172.

1029.8.36.166.40.2. If a corporation that is a member of an associated group for a taxation year fails to file with the Minister an agreement for the purposes of this division within 30 days after notice in writing by the Minister has been sent to any of the corporations that are members of that group that such an agreement is required for the purposes of any assessment of tax under this Part, the Minister shall, for the purposes of this division, attribute, for the taxation year, an amount to one or more of those corporations, which amount or the aggregate of which amounts must be equal to the excess amount determined for the year under the second paragraph of section 1029.8.36.166.40.1 and, in any such case, the balance of the cumulative eligible expense limit of each of those corporations for the year is equal to the amount so attributed to it.

2010, c. 25, s. 172.

1029.8.36.166.40.3. For the purposes of this division, the balance of a qualified partnership’s cumulative eligible expense limit for a particular fiscal period is equal to the amount by which $75,000,000 exceeds the aggregate of all amounts each of which is the amount of its eligible expenses, in respect of a qualified property, for a fiscal period that ends in the 24-month period preceding the beginning of the particular fiscal period and in respect of which an amount is deemed to have been paid to the Minister under section 1029.8.36.166.44 or would be so deemed to have been paid but for the third paragraph of that section.

2010, c. 25, s. 172.

1029.8.36.166.40.4. For the purposes of this division, the balance of a joint venture’s cumulative eligible expense limit for a particular fiscal period of the joint venture is equal to the amount by which $75,000,000 exceeds the aggregate of all amounts each of which is the amount of the eligible expenses incurred by a corporation or a partnership, in respect of a qualified property, as a party to the joint venture in a fiscal period of the joint venture that ends in the 24-month period preceding the beginning of the particular fiscal period and in respect of which an amount is deemed to have been paid to the Minister under section 1029.8.36.166.43 or 1029.8.36.166.44 or would be so deemed to have been paid but for the third paragraph of that section.

For the purposes of this section, a joint venture is deemed to be a partnership whose fiscal period ends on 31 December of a calendar year.

For the purposes of this division, the share of a corporation for a taxation year, or of a partnership for a fiscal period, of the balance of a joint venture’s cumulative eligible expense limit is equal,

(a)  in the case of a corporation,

i.  if its taxation year does not end on 31 December of a calendar year, to the aggregate of all amounts each of which is the proportion of its share, determined in accordance with the fourth paragraph, of the balance of the joint venture’s cumulative eligible expense limit for a fiscal period of the joint venture, a part of which is included in the taxation year, that the eligible expenses incurred by the corporation as a party to the joint venture in that part of the fiscal period of the joint venture that is included in the taxation year of the corporation is of the aggregate of the eligible expenses incurred by the corporation as a party to the joint venture in that fiscal period of the joint venture, or

ii.  if its taxation year ends on 31 December of a calendar year, to its share, determined in accordance with the fourth paragraph, of the balance of the joint venture’s cumulative eligible expense limit for the fiscal period of the joint venture whose end coincides with the end of the taxation year of the corporation; and

(b)  in the case of a partnership,

i.  if its fiscal period does not end on 31 December of a calendar year, to the aggregate of all amounts each of which is the proportion of its share, determined in accordance with the fourth paragraph, of the balance of the joint venture’s cumulative eligible expense limit for the fiscal period of the joint venture, a part of which is included in the fiscal period of the partnership, that the eligible expenses incurred by the partnership as a party to the joint venture in that part of the fiscal period of the joint venture that is included in the fiscal period of the partnership is of the aggregate of the eligible expenses incurred by the partnership as a party to the joint venture in that fiscal period of the joint venture, or

ii.  if its taxation year ends on 31 December of a calendar year, to its share, determined in accordance with the fourth paragraph, of the balance of the joint venture’s cumulative eligible expense limit for the fiscal period of the joint venture whose end coincides with the end of the fiscal period of the partnership.

For the purposes of the third paragraph, a corporation’s or a partnership’s share of the balance of a joint venture’s cumulative eligible expense limit for a fiscal period of the joint venture is equal to the proportion of that amount that the eligible expenses incurred by the corporation or the partnership in that fiscal period as a party to the joint venture is of the aggregate of the eligible expenses incurred in the fiscal period of the joint venture.

2010, c. 25, s. 172.

1029.8.36.166.41. An associated group, in a taxation year, means all the corporations that are associated with each other at any given time in the year.

For the purposes of the first paragraph, the following rules apply:

(a)  a business carried on by an individual, other than a trust, is deemed to be carried on by a corporation all the voting shares in the capital stock of which are owned at the given time by the individual;

(b)  a partnership is deemed to be a corporation whose taxation year corresponds to the partnership’s fiscal period and all the voting shares in the capital stock of which are owned at the given time by each member of the partnership in a proportion equal to the agreed proportion in respect of the member for the partnership’s fiscal period that includes that time; and

(c)  a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this subparagraph c referred to as the “distribution date”) and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the given time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the given time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the given time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the given time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the given time by the person referred to in that section from whom property of the trust or property for which property of the trust was substituted was directly or indirectly received.

2009, c. 15, s. 303.

1029.8.36.166.42. The amount to which the definition of “maximum tax credit amount” in the first paragraph of section 1029.8.36.166.40 refers, in relation to a corporation for a taxation year, is equal to the product obtained by multiplying, by the proportion determined by the formula in the third paragraph, the amount by which the total amount that the corporation would be deemed to have paid to the Minister for the taxation year under sections 1029.8.36.166.43 and 1029.8.36.166.44 if no reference were made to the third paragraph of those sections and if the corporation considered, in its eligible expenses or its share of the eligible expenses of a partnership, only the portion of such expenses that are referred to in subparagraph a of the first paragraph of section 1029.8.36.166.43 or 1029.8.36.166.44, exceeds the amount by which the amount by which the corporation’s total taxes for the year exceeds the amount the corporation is deemed to have paid to the Minister for the year under section 1029.8.36.166.46, exceeds the aggregate of the amounts determined in its respect for the year under subparagraph b of the first paragraph of section 1029.8.36.166.43 or 1029.8.36.166.44.

The amount to which the definition of “limit relating to an unused portion” in the first paragraph of section 1029.8.36.166.40 refers, in relation to a corporation for a taxation year, is equal to the product obtained by multiplying, by the proportion determined by the formula in the third paragraph, the amount by which the corporation’s total taxes for the year are exceeded by the aggregate of all amounts each of which is an excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.166.46 that would be determined in respect of an original year, within the meaning of that subparagraph, in relation to the taxation year, if the definition of “unused portion of the tax credit” in the first paragraph of section 1029.8.36.166.40 were read as follows:

““unused portion of the tax credit” of a corporation for a taxation year, if the paid-up capital that is attributed to the corporation for the year, determined in accordance with section 737.18.24, is less than $500,000,000, means the amount by which the maximum tax credit amount of the corporation for the year is exceeded by the total amount that the corporation would be deemed to have paid to the Minister for that year under sections 1029.8.36.166.43 and 1029.8.36.166.44 if no reference were made to the third paragraph of those sections and if the corporation considered, in its eligible expenses or its share of the eligible expenses of a partnership, only the portion of such expenses that does not exceed, as the case may be,

(a)  the balance of the corporation’s cumulative eligible expense limit for the year;

(b)  the corporation’s share of the balance of a qualified partnership’s cumulative eligible expense limit for a particular fiscal period of the partnership that ends in the taxation year of the corporation;

(c)  the portion of the eligible expenses incurred by the corporation in the year as a party to a joint venture that exceeds the corporation’s share for the taxation year of the balance of the joint venture’s cumulative eligible expense limit; or

(d)  the portion of the eligible expenses incurred by the partnership, in a particular fiscal period of the partnership that ends in the taxation year, as a party to a joint venture, that exceeds the partnership’s share for the particular fiscal period of the balance of the joint venture’s cumulative eligible expense limit.”

The formula to which the first and second paragraphs refer is the following:

1 - [(A - $250,000,000)/$250,000,000].

In the formula in the third paragraph, A is the greater of

(a)  $250,000,000; and

(b)  the lesser of $500,000,000 and the paid-up capital attributed to the corporation for the year, determined in accordance with section  737.18.24.

2009, c. 15, s. 303; 2010, c. 25, s. 173.

1029.8.36.166.42.1. If it may reasonably be considered that one of the main reasons for the separate existence of two or more corporations in a taxation year is to cause a qualified corporation to be deemed to have paid an amount to the Minister under this division for that year or to increase an amount that a qualified corporation is deemed to have paid to the Minister under this division for that year, those corporations are deemed, for the purposes of this division, to be associated with each other in the year.

2010, c. 25, s. 174.

§ 2 . — Credits

2009, c. 15, s. 303.

1029.8.36.166.43. A qualified corporation for a taxation year that encloses the documents referred to in the fifth paragraph with the fiscal return it is required to file for the year under section 1000 is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of all amounts each of which is, in relation to a qualified property,

(a)  if the paid-up capital attributed to the qualified corporation for the year, determined in accordance with section 737.18.24, is less than $500,000,000, the aggregate of all amounts, to the extent that that aggregate does not include the portion, determined by the qualified corporation, of the eligible expenses incurred by the corporation in the year as a party to a joint venture that exceeds the corporation’s share for the taxation year of the balance of the joint venture’s cumulative eligible expense limit, each of which is the product obtained by multiplying the portion of its eligible expenses for the year, in respect of the property, by the rate determined in relation to the portion of those expenses in respect of the property for the year under section 1029.8.36.166.45; or

(b)  the product obtained by multiplying the portion of its eligible expenses for the year, in respect of the property, other than the portion of those expenses that is referred to in subparagraph a, by 5%.

The aggregate of the amounts referred to in subparagraph a of the first paragraph and determined in respect of a corporation for a taxation year may not exceed the amount by which the balance of its cumulative eligible expense limit for the year exceeds the portion of the aggregate of the amounts referred to in subparagraph a of the first paragraph of section 1029.8.36.166.44 for the year in respect of which the corporation is deemed to have paid an amount to the Minister for the year under section 1029.8.36.166.44 or would be so deemed to have paid such an amount but for the third paragraph of that section.

The total amount that the corporation is deemed to have paid to the Minister for the year under the first paragraph and, if applicable, under the first paragraph of section 1029.8.36.166.44 must not exceed the corporation’s maximum tax credit amount for the year.

For the purpose of computing the payments that a corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of the agreement described in section 1029.8.36.166.40.1, if applicable.

2009, c. 15, s. 303; 2010, c. 25, s. 175.

1029.8.36.166.44. A qualified corporation for a taxation year that is a member of a qualified partnership at the end of a particular fiscal period of the partnership that ends in the year and that encloses the documents referred to in the sixth paragraph with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the fourth paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of all amounts each of which is, in relation to a qualified property,

(a)  if the paid-up capital attributed to the qualified corporation for the year, determined in accordance with section 737.18.24, is less than $500,000,000, the aggregate of all amounts, to the extent that that aggregate does not include its share of the portion, determined by the qualified corporation, of the qualified partnership’s eligible expenses for the particular fiscal period that exceeds its share of the balance of the partnership’s cumulative eligible expense limit for the particular fiscal period, or its share of the portion, determined by the qualified corporation, of such expenses incurred by the partnership in the particular fiscal period as a party to a joint venture that exceeds the partnership’s share for the particular fiscal period of the balance of the joint venture’s cumulative eligible expense limit, each of which is the product obtained by multiplying its share of the portion of the partnership’s eligible expenses for the particular fiscal period, in respect of the property, by the rate determined in relation to the portion of those expenses in respect of the property for the year under section 1029.8.36.166.45; or

(b)  the product obtained by multiplying its share of the portion of the partnership’s eligible expenses for the particular fiscal period, in respect of the property, other than the portion of those expenses that is referred to in subparagraph a, by 5%.

The aggregate of the amounts referred to in subparagraph a of the first paragraph and determined in respect of a corporation for a taxation year may not exceed the amount by which the balance of the corporation’s cumulative eligible expense limit for the year exceeds the portion of the aggregate of the amounts referred to in subparagraph a of the first paragraph of section 1029.8.36.166.43 for the year in respect of which the corporation is deemed to have paid an amount to the Minister for the year under section 1029.8.36.166.43 or would be so deemed to have paid such an amount but for the third paragraph of that section.

The total amount that the corporation is deemed to have paid to the Minister for the year under the first paragraph and, if applicable, under the first paragraph of section 1029.8.36.166.43 must not exceed the corporation’s maximum tax credit amount for the year.

For the purpose of computing the payments that a corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a qualified corporation’s share of a particular amount, in relation to a qualified partnership of which it is a member in a fiscal period is equal to the agreed proportion of that amount in respect of the qualified corporation for the fiscal period.

The documents to which the first paragraph refers are the following:

(a)  the prescribed form containing prescribed information; and

(b)  a copy of the agreement described in section 1029.8.36.166.40.1, if applicable.

2009, c. 15, s. 303; 2010, c. 25, s. 176.

1029.8.36.166.45. The rate to which subparagraph a of the first paragraph of sections 1029.8.36.166.43 and 1029.8.36.166.44 refers, in relation to the portion of the eligible expenses, in respect of a qualified property, for a taxation year is

(a)  if the qualified property is acquired to be used mainly in an administrative region referred to in any of subparagraphs iv to vii of paragraph a of the definition of “resource region” in the first paragraph of section 1029.8.36.166.40, the rate determined by the formula

40% - [35% × (A - $250,000,000)/$250,000,000];

(b)  if the qualified property is acquired to be used mainly in one of the regional county municipalities referred to in subparagraphs i.2, i.3 and ii.2 of paragraph b of the definition of “resource region” in the first paragraph of section 1029.8.36.166.40, the rate determined by the formula

30% - [25% × (A - $250,000,000)/$250,000,000];

(c)  if the qualified property is acquired to be used mainly in an administrative region referred to in subparagraph ii or iii of paragraph a of the definition of “resource region” in the first paragraph of section 1029.8.36.166.40 or in any of the regional county municipalities referred to in subparagraphs i, i.1, ii, ii.1 and iii to vi of paragraph b of that definition, the rate determined by the formula

20% - [15% × (A - $250,000,000)/$250,000,000]; and

(d)  in any other case, the rate determined by the formula

10% - [5% × (A - $250,000,000)/$250,000,000].

In the formulas in the first paragraph, A is the greater of

(a)  $250,000,000; and

(b)  the lesser of $500,000,000 and the paid-up capital attributed to the corporation for the year, determined in accordance with section 737.18.24.

2009, c. 15, s. 303; 2010, c. 25, s. 177.

1029.8.36.166.46. Subject to section 1029.8.36.166.49, a corporation that encloses the prescribed form containing prescribed information with the fiscal return it is required to file under section 1000 for a particular taxation year, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for the particular year, on account of its tax payable for that year under this Part, an amount equal to the aggregate of all amounts each of which is the lesser of

(a)  the amount by which the unused portion of the tax credit of the corporation for a taxation year (in subparagraph b referred to as the “original year“) that is any of the 20 taxation years that precede the particular year, exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister by the corporation under this section or section 1029.8.36.166.47, in respect of the unused portion of the tax credit, on account of its tax payable for a taxation year preceding the particular year; and

(b)  the amount by which the corporation’s limit relating to an unused portion for the particular year exceeds the aggregate of all amounts each of which is equal to the amount deemed to be paid by the corporation under this section, for the particular year, in respect of the unused portion of the tax credit of the corporation for a taxation year preceding the original year.

For the purpose of computing the payments that a corporation is required to make under subparagraph a of the first paragraph of section 1027 or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2009, c. 15, s. 303.

1029.8.36.166.47. Subject to section 1029.8.36.166.50, a corporation is deemed, for a particular taxation year ending after 13 March 2008, if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file under section 1000 for a taxation year (in this section referred to as the “subsequent year”) that is any of the three taxation years that follow the particular year, to have paid to the Minister, in relation to the unused portion of the tax credit of the corporation for the subsequent year, on the day on which the form is filed with the Minister, an amount equal to the lesser of

(a)  the amount by which the unused portion of the tax credit of the corporation for the subsequent year exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister by the corporation under this section, in respect of the unused portion, for a taxation year preceding the particular year; and

(b)  the amount by which its total taxes for the particular year exceed the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for the particular year under any of sections 1029.8.36.166.43, 1029.8.36.166.44 and 1029.8.36.166.46, or under this section in respect of the unused portion of the tax credit of the corporation for a taxation year preceding the subsequent year.

2009, c. 15, s. 303.

1029.8.36.166.48. No amount may be deemed to have been paid to the Minister by a qualified corporation for a taxation year under section 1029.8.36.166.43 or 1029.8.36.166.44, in relation to its eligible expenses or its share of a partnership’s eligible expenses, as the case may be, in respect of a qualified property, if, at any time before the day after the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser of the property or by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, or, if it precedes the day that is the end of that period, the corporation’s filing-due date for that taxation year, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on

(a)  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property; or

(b)  by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property.

2009, c. 15, s. 303.

1029.8.36.166.49. If, at any time, control of a corporation is acquired by a person or group of persons, no amount may, for a taxation year ending after that time, be deemed, under section 1029.8.36.166.46, to have been paid to the Minister by the corporation in respect of the unused portion of the tax credit of the corporation for a taxation year ending before that time.

However, subject to section 1029.8.36.166.48, the corporation may be deemed to have paid an amount to the Minister, for a particular taxation year ending after that time, in respect of the portion of an unused portion of the tax credit for a taxation year ending before that time that may reasonably be considered to be attributable to the carrying on of a business, if the corporation carried on the business throughout the particular year for profit or with a reasonable expectation of profit.

The amount that the corporation may be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.46 in respect of the portion referred to in the second paragraph must be determined as if the reference to the total taxes determined for the purpose of establishing, for the particular year, the corporation’s limit relating to an unused portion referred to in subparagraph b of the first paragraph of that section were a reference to the portion of such total taxes of the corporation for the particular year that may reasonably be attributed to the carrying on of that business and—if the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time—of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2009, c. 15, s. 303.

1029.8.36.166.50. If, at any time, control of a corporation is acquired by a person or group of persons, no amount may, for a taxation year ending before that time, be deemed, under section 1029.8.36.166.47, to have been paid to the Minister by the corporation in respect of the unused portion of the tax credit of the corporation for a taxation year ending after that time.

However, the corporation may be deemed to have paid an amount to the Minister, for a particular taxation year ending before that time, in respect of the portion of an unused portion of the tax credit for a taxation year ending after that time that may reasonably be considered to be attributable to the carrying on of a business, if the corporation carried on the business throughout the taxation year and in the particular year for profit or with a reasonable expectation of profit.

The amount that the corporation may be deemed to have paid to the Minister for the particular year under section 1029.8.36.166.47 in respect of the portion referred to in the second paragraph must be determined as if the reference to the total taxes in that section were a reference to the portion of the total taxes of the corporation for the particular year that may reasonably be attributed to the carrying on of that business and—if the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time—of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2009, c. 15, s. 303.

1029.8.36.166.51. For the purposes of this division, a corporation or partnership deemed to have acquired a property at a particular time under paragraph b of section 125.1 is deemed to have acquired the property at that time at a cost of acquisition, incurred and paid at that time, equal to the fair market value of the property at that time, and to own the property from that time to the time at which it is deemed to dispose of the property under paragraph f of section 125.1.

2009, c. 15, s. 303.

§ 3 . — Government assistance, non-government assistance and other particulars

2009, c. 15, s. 303.

1029.8.36.166.52. For the purpose of computing the amount that is deemed to have been paid to the Minister by a corporation, for a taxation year, under section 1029.8.36.166.43 or 1029.8.36.166.44, the following rules apply:

(a)  the amount of the eligible expenses referred to in the first paragraph of section 1029.8.36.166.43 is to be reduced, if applicable, by the amount of any government assistance or non-government assistance attributable to the expenses that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for the taxation year;

(b)  the corporation’s share of the eligible expenses of a partnership, referred to in the first paragraph of section 1029.8.36.166.44, for a fiscal period of the partnership that ends in the corporation’s taxation year, is to be reduced, if applicable,

i.  by the corporation’s share of the amount of any government assistance or non-government assistance attributable to the expenses that the partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance or non-government assistance attributable to the expenses that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the corporation’s share, for the partnership’s fiscal period, of the amount of any government assistance or non-government assistance that the partnership has received, is entitled to receive or may reasonably expect to receive, is equal to the agreed proportion of the amount in respect of the corporation for the fiscal period.

2009, c. 15, s. 303.

1029.8.36.166.53. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister under section 1029.8.36.166.46 for a particular taxation year in respect of the unused portion of the tax credit of the corporation for a particular preceding taxation year, in relation to eligible expenses of the corporation or of a partnership of which it is a member at the end of the fiscal period of the partnership ending in the particular preceding year, the unused portion of the tax credit of the corporation, otherwise determined, is to be reduced by the amount determined under the second paragraph if

(a)  in the particular year or a preceding taxation year, an amount relating to the eligible expenses of the corporation, other than an amount reducing those expenses in accordance with section 1029.8.36.166.52 or 1029.8.36.166.60, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  in a fiscal period of the partnership ending in the particular year or in a preceding taxation year and at the end of which the corporation is a member of the partnership, an amount relating to the eligible expenses of the partnership, other than an amount reducing those expenses in accordance with section 1029.8.36.166.52 or 1029.8.36.166.60, is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The amount to which the first paragraph refers is equal to the amount by which the unused portion of the tax credit of the corporation for the particular preceding year, otherwise determined, exceeds the amount that would be the amount of the unused portion of the tax credit of the corporation if

(a)  any amount referred to in subparagraph a or b of the first paragraph that is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation were directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation in the particular preceding year; and

(b)  any amount referred to in subparagraph b of the first paragraph that is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership were directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership in the fiscal period of the partnership ending in the particular preceding year.

If, in respect of the eligible expenses referred to in the first paragraph, a person other than the corporation, or a partnership other than the partnership of which the corporation is a member, has obtained, at a particular time, a benefit or advantage that would have reduced those expenses in accordance with section 1029.8.36.166.60 if the person or partnership had obtained it, had been entitled to obtain it or could reasonably have expected to obtain it on or before the corporation’s filing-due date for the particular preceding taxation year, or on or before the day that is six months after the end of the fiscal period of the partnership of which the corporation is a member that ended in the particular preceding taxation year, the benefit or advantage is, for the purposes of the first and second paragraphs,

(a)  if those expenses were incurred by the corporation, deemed to be an amount that is paid to the corporation at that time; or

(b)  if those expenses were incurred by the partnership of which the corporation is a member, deemed to be

i.  an amount that is paid to that partnership at that time, when that benefit or advantage has been obtained by another partnership or by a person other than the person referred to in subparagraph ii, or

ii.  an amount that is paid to the corporation at that time, when that benefit or advantage has been obtained by a person with whom the corporation does not deal at arm’s length.

2009, c. 15, s. 303.

1029.8.36.166.54. For the purpose of applying section 1029.8.36.166.53 to a corporation for a taxation year, if a qualified property in respect of which expenses, incurred by the corporation or a partnership, are eligible expenses of the corporation for a particular preceding taxation year or of the partnership for a fiscal period of the partnership that ends in the particular preceding year and at the end of which the corporation was a member of the partnership, ceases, at a particular time of the period described in the second paragraph, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on in the following manner, the eligible expenses are deemed to be repaid to the corporation or partnership, as the case may be, at that time:

(a)  by the first purchaser of the property and that time is also in the portion of that period in which the first purchaser owns the property; or

(b)  by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, and that time is also in the portion of that period in which the subsequent purchaser owns the property.

The period to which the first paragraph refers is the period that begins on the particular day on which the property begins to be used by the first purchaser of the property or by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and that ends 730 days after the particular day or—if it precedes the day that is 730 days after the particular day—on the corporation’s filing-due date for the taxation year that includes the particular time or for the corporation’s taxation year in which the partnership’s fiscal period that includes the particular time ends, as the case may be.

This section does not apply to a corporation for a taxation year, in relation to eligible expenses in respect of a qualified property of the corporation for a particular preceding taxation year or of a partnership of which the corporation is a member for a fiscal period that ends in the particular preceding taxation year, if section 1029.8.36.166.48 applied, in relation to the eligible expenses, for the particular preceding taxation year.

2009, c. 15, s. 303.

1029.8.36.166.55. If a corporation pays, in a taxation year (in this section referred to as the “repayment year”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.36.166.52, the eligible expenses of the corporation in respect of a qualified property, for the purpose of computing the amount that it is deemed to have paid to the Minister under section 1029.8.36.166.43 in respect of the expenses, for a particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the repayment year under section 1000, an amount equal to the amount by which the aggregate of all amounts each of which is an amount that it would be deemed to have paid to the Minister, in respect of the expenses, under section 1029.8.36.166.43 for the particular year, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the repayment year, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.166.52, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, in respect of the expenses, under section 1029.8.36.166.43 for the particular year, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the repayment year; and

(b)  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this section in respect of an amount of repayment of that assistance.

2009, c. 15, s. 303.

1029.8.36.166.56. If a partnership pays, in a fiscal period (in this section referred to as the “fiscal period of repayment”), pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.166.52, a corporation’s share of the eligible expenses of the partnership in respect of a qualified property for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.44, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if the corporation is a member of the partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the aggregate of all amounts each of which is a particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.166.44 for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, in respect of the eligible expenses of the partnership in respect of the property, under section 1029.8.36.166.44 for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.166.52; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 303.

1029.8.36.166.57. If a corporation is a member of a partnership at the end of a fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.166.52, its share of the eligible expenses of the partnership in respect of a qualified property for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.44, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the amount by which the aggregate of all amounts each of which is a particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under section 1029.8.36.166.44 for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, in respect of the share, under section 1029.8.36.166.44 for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.166.46 or 1029.8.36.166.47 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

(b)  any amount that the corporation would be deemed to have paid to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amount to which the first paragraph refers is to be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.166.52; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2009, c. 15, s. 303.

1029.8.36.166.58. For the purposes of sections 1029.8.36.166.55 to 1029.8.36.166.57, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or partnership pursuant to a legal obligation, if that amount

(a)  reduced, because of section 1029.8.36.166.52, eligible expenses or the share of such expenses of a corporation that is a member of the partnership, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.43 or 1029.8.36.166.44;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2009, c. 15, s. 303.

1029.8.36.166.59. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister under section 1029.8.36.166.46 for a particular taxation year in respect of the unused portion of the tax credit of the corporation for a particular preceding taxation year, the unused portion of the tax credit of the corporation, otherwise determined, must, if the conditions set out in the second paragraph are met for the particular year or for a preceding taxation year (each of which is referred to in this section as a “year of increase”), be increased by the aggregate of all amounts each of which is the excess amount referred to in subparagraph b of the second paragraph for a year of increase.

For the purposes of the first paragraph, the conditions that must be met for a year of increase are as follows:

(a)  any of sections 1029.8.36.166.55 to 1029.8.36.166.58 applies for the year of increase to the corporation in relation to a particular amount that may reasonably be considered to be a repayment, made in the year of increase or in the fiscal period of a partnership ending in the year of increase, of government assistance or non-government assistance that reduced, because of section 1029.8.36.166.52, the eligible expenses of the corporation, in respect of a qualified property, for the particular preceding year or the corporation’s share of the eligible expenses of the partnership, in respect of a qualified property, for a fiscal period of the partnership ending in the particular preceding year; and

(b)  the amount determined under the third paragraph exceeds the amount determined under the fourth paragraph.

The first amount to which subparagraph b of the second paragraph refers is the total amount that the corporation would be deemed to have paid to the Minister for the particular preceding year under sections 1029.8.36.166.43 and 1029.8.36.166.44 if

(a)  no reference were made to the third paragraph of sections 1029.8.36.166.43 and 1029.8.36.166.44;

(b)  where section 1029.8.36.166.56 or 1029.8.36.166.57 applies for the year of increase to the corporation, the agreed proportion in respect of the corporation for the fiscal period of the partnership ending in the particular preceding year were the same as that for the year of increase; and

(c)  any particular amount referred to in subparagraph a of the second paragraph that may reasonably be considered to be a repayment of government assistance or non-government assistance referred to in that subparagraph a reduced the amount of government assistance or non-government assistance.

The second amount to which subparagraph b of the second paragraph refers is the aggregate of

(a)  the amount that would be determined under the third paragraph if no reference were made to subparagraph c of that paragraph; and

(b)  the total amount that the corporation is deemed to have paid to the Minister for the year of increase under sections 1029.8.36.166.55 to 1029.8.36.166.57.

2009, c. 15, s. 303; 2010, c. 25, s. 178.

1029.8.36.166.60. If, in respect of eligible expenses of a qualified corporation or of a qualified partnership, in respect of a qualified property, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the acquisition of the qualified property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.166.43, the amount of the eligible expenses is to be reduced by the amount of the benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the qualified corporation’s filing-due date for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.166.44 by a qualified corporation that is a member of the qualified partnership, the corporation’s share, for a fiscal period of the partnership that ends in the taxation year, of the amount of the eligible expenses, is to be reduced

i.  by the corporation’s share, for the fiscal period, of the amount of the benefit or advantage that the person or partnership, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage that the qualified corporation or a person with whom it does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the share, for a fiscal period of a qualified partnership, of a qualified corporation that is a member of the qualified partnership of the amount of the benefit or advantage that the partnership, or a person referred to in that subparagraph i, has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the qualified corporation for the fiscal period.

2009, c. 15, s. 303.

DIVISION II.6.15 CREDIT RELATING TO MINING, PETROLEUM, GAS OR OTHER RESOURCES

2002, c. 40, s. 209.

§ 1 . — Interpretation and general

2002, c. 40, s. 209.

1029.8.36.167. In this division,

“Canadian renewable and conservation expense in Canada” has the meaning assigned by section 399.7;

“eligible expenses” of a corporation for a taxation year or of a partnership for a fiscal period means expenses incurred, after 29 March 2001, by the corporation in the taxation year or by the partnership in the fiscal period and that consist of

(a)  any Canadian exploration expense, other than those described in paragraph a.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(a.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “Canada” were a reference to “Québec, but outside the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(b)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “Canada” and “Canada,”, wherever they appear, were a reference to “Québec, but outside the northern exploration zone,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c)  any Canadian exploration expense, other than those described in paragraph c.1, that would be described in any of paragraphs a, b.1 and c of section 395 if the reference therein to “in Canada”, wherever it appears, except in subparagraph iv of paragraph b.1, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(c.1)  any Canadian exploration expense incurred after 20 August 2002 but before 1 January 2008 and that would be described in paragraph c of section 395 if the reference therein to “in Canada” were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(d)  any Canadian development expense that would be described in paragraph a or a.1 of section 408 if the reference therein to “in Canada”, wherever it appears, were a reference to “in the northern exploration zone” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

(e)  any Canadian renewable and conservation expense, to the extent that it is incurred in respect of work carried out by the corporation or partnership in Québec under a project related to a business carried on by the corporation or partnership in Québec;

(f)  any Canadian exploration expense that would be described in paragraph c of section 395 if the reference therein to “mineral resource in Canada,” were a reference to “natural resource in Québec, that is granite, sandstone, limestone, marble or slate, to the extent that the resources are used for the production of dimension stones, cemetery monuments, building stones, paving stones, curbing and roof tiles,” and if, where the expense is incurred by the partnership, the partnership were deemed to be a taxpayer whose taxation year is the partnership’s fiscal period;

“northern exploration zone” has the meaning assigned by section 726.4.17.18;

“qualified corporation” for a taxation year means a corporation that, in the year, carries on a business in Québec and has an establishment in Québec, other than a corporation

(a)  that is exempt from tax for the year under Book VIII; or

(b)  that would be exempt from tax for the year under section 985, but for section 192;

“qualified partnership” for a fiscal period means a partnership that, in the fiscal period, carries on a business in Québec and has an establishment in Québec;

“total taxes” of a corporation for a taxation year means the aggregate of

(a)  its tax payable for the year under this Part; and

(b)  its tax that would be payable for the year under Part IV if that tax were computed without reference to sections 1135.1 and 1135.2;

“unused portion of the refundable tax credit” of a corporation for a taxation year means the amount by which the total amount that the corporation would be deemed to have paid to the Minister for that year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and the third paragraph of sections 1029.8.36.170 and 1029.8.36.171 were not taken into account exceeds the amount by which its total taxes for the year exceeds the amount it is deemed to have paid to the Minister for that year under section 1029.8.36.171.1.

The expenses referred to in the definition of “eligible expenses” in the first paragraph do not include

(a)  an amount included in the Canadian exploration and development overhead expense of a taxpayer, within the meaning of section 360R2 of the Regulation respecting the Taxation Act (chapter I-3, r. 1);

(b)  an amount relating to Canadian exploration expense or Canadian development expense renounced by a corporation in respect of a share under this Act; and

(c)  an amount relating to financing, including expenses incurred before the beginning of the carrying on of a business.

2002, c. 40, s. 209; 2003, c. 8, s. 6; 2004, c. 21, s. 424; 2005, c. 1, s. 249; 2005, c. 38, s. 275; 2009, c. 15, s. 304.

§ 2 . — Credits

2002, c. 40, s. 209.

1029.8.36.168. A qualified corporation for a taxation year, other than such a corporation referred to in the second paragraph of section 1029.8.36.170, that encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the third paragraph, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of

(a)  15% of the eligible expenses of the corporation for the year that constitute such expenses by reason of any of paragraphs a to b and f of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(b)  18.75% of the eligible expenses of the corporation for the year that constitute such expenses by reason of any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(c)  30% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph e of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(d)  subject to the second paragraph, 30% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph a.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid; and

(e)  subject to the second paragraph, 26.25% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph c.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid.

The total amount that the qualified corporation is deemed to have paid to the Minister for the year under subparagraphs d and e of the first paragraph and subparagraphs d and e of the first paragraph of sections 1029.8.36.169 and 1029.8.36.171 shall not exceed the amount by which its total taxes for the year exceed the amount it is deemed to have paid to the Minister for the year under section 1029.8.36.171.1.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2002, c. 40, s. 209; 2003, c. 9, s. 341; 2004, c. 21, s. 425.

1029.8.36.169. A qualified corporation for a taxation year that is a member of a qualified partnership, other than such a partnership referred to in the second paragraph of section 1029.8.36.171, at the end of a particular fiscal period of the partnership that ends in the year, and that encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the third paragraph, to have paid to the Minister on the qualified corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of

(a)  15% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of any of paragraphs a to b and f of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(b)  18.75% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(c)  30% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph e of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(d)  subject to the second paragraph, 30% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph a.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid; and

(e)  subject to the second paragraph, 26.25% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph c.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid.

The total amount that the qualified corporation is deemed to have paid to the Minister for the year under subparagraphs d and e of the first paragraph and subparagraphs d and e of the first paragraph of sections 1029.8.36.168, 1029.8.36.170 and 1029.8.36.171 shall not exceed the amount by which its total taxes for the year exceed the amount it is deemed to have paid to the Minister for the year under section 1029.8.36.171.1.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the qualified corporation’s taxation year in which the particular fiscal period of the qualified partnership ends, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, a qualified corporation’s share of an amount for a fiscal period of a qualified partnership is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period.

2002, c. 40, s. 209; 2003, c. 9, s. 342; 2004, c. 21, s. 426; 2009, c. 15, s. 305.

1029.8.36.170. A qualified corporation for a taxation year that is described in the second paragraph and that encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of

(a)  15% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph f of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(b)  35% of the eligible expenses of the corporation for the year that constitute such expenses by reason of any of paragraphs a to b and e of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(c)  38.75% of the eligible expenses of the corporation for the year that constitute such expenses by reason of any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(d)  subject to the third paragraph, 10% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph a.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid; and

(e)  subject to the third paragraph, 6.25% of the eligible expenses of the corporation for the year that constitute such expenses by reason of paragraph c.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid.

A corporation to which the first paragraph refers is a corporation that does not operate a mineral resource or an oil or gas well and that is not related to a corporation operating a mineral resource or an oil or gas well.

The total amount that the qualified corporation is deemed to have paid to the Minister for the year under subparagraphs d and e of the first paragraph and subparagraphs d and e of the first paragraph of sections 1029.8.36.169 and 1029.8.36.171 shall not exceed the amount by which its total taxes for the year exceed the amount it is deemed to have paid to the Minister for the year under section 1029.8.36.171.1.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of this section, the operation of a mineral resource or an oil or gas well shall be interpreted as such an operation carried out in reasonable commercial quantities.

2002, c. 40, s. 209; 2003, c. 9, s. 343; 2004, c. 21, s. 427; 2005, c. 23, s. 224.

1029.8.36.171. A qualified corporation for a taxation year that is a member of a qualified partnership described in the second paragraph at the end of a particular fiscal period of the qualified partnership that ends in the year, and that encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, is deemed, subject to the fourth paragraph, to have paid to the Minister on the corporation’s balance-due day for the year, on account of its tax payable for the year under this Part, an amount equal to the aggregate of

(a)  15% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph f of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(b)  35% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of any of paragraphs a to b and e of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(c)  38.75% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of any of paragraphs c to d of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid;

(d)  subject to the third paragraph, 10% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph a.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid; and

(e)  subject to the third paragraph, 6.25% of its share of the eligible expenses of the partnership for the particular fiscal period that constitute such expenses by reason of paragraph c.1 of the definition of “eligible expenses” in the first paragraph of section 1029.8.36.167, to the extent that the expenses are paid.

A partnership to which the first paragraph refers is a partnership that does not operate a mineral resource or an oil or gas well and no member of which operates, or is related to a corporation operating, a mineral resource or an oil or gas well.

The total amount that the qualified corporation is deemed to have paid to the Minister for the year under subparagraphs d and e of the first paragraph and subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.170 shall not exceed the amount by which its total taxes for the year exceed the amount it is deemed to have paid to the Minister for the year under section 1029.8.36.171.1.

For the purpose of computing the payments that the qualified corporation is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, for the qualified corporation’s taxation year in which the particular fiscal period of the qualified partnership ends, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of this section, the following rules apply:

(a)  the operation of a mineral resource or an oil or gas well shall be interpreted as such an operation carried out in reasonable commercial quantities; and

(b)  a qualified corporation’s share of an amount for a fiscal period of a qualified partnership is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period.

2002, c. 40, s. 209; 2003, c. 9, s. 344; 2004, c. 21, s. 428; 2005, c. 23, s. 225; 2009, c. 15, s. 306.

1029.8.36.171.1. Subject to section 1029.8.36.171.3, a corporation that, for a particular taxation year ending after 20 August 2002, encloses the prescribed form containing the prescribed information with the fiscal return the corporation is required to file under section 1000 for the particular year, is deemed, subject to the second paragraph, to have paid to the Minister on the corporation’s balance-due day for the particular year, on account of its tax payable for that year under this Part, an amount equal to the aggregate of all amounts each of which is the lesser of

(a)  the amount by which the unused portion of the refundable tax credit of the corporation for a taxation year, in subparagraph b referred to as the “original year”, that is any of the ten taxation years that precede the particular year, exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister by the corporation under this section or section 1029.8.36.171.2, in respect of the unused portion, on account of its tax payable for a taxation year preceding the particular year; and

(b)  the amount by which the total taxes of the corporation for the particular year exceeds the aggregate of all amounts each of which is equal to the amount deemed to be paid by the corporation under this section, for the particular year, in respect of the unused portion of the refundable tax credit of the corporation for a taxation year preceding the original year.

For the purpose of computing the payments that a qualified corporation is required to make under subparagraph a of the first paragraph of section 1027 or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the qualified corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the year under this Part and of its tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2004, c. 21, s. 429; 2005, c. 23, s. 226.

1029.8.36.171.2. Subject to section 1029.8.36.171.4, a corporation is deemed, for a particular taxation year ending after 20 August 2002, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file under section 1000 for a taxation year, in this section referred to as the “subsequent year”, that is any of the three taxation years that follow the particular year, to have paid to the Minister for the particular year on the corporation’s balance-due day for the subsequent year, in relation to the unused portion of the refundable tax credit of the corporation for the subsequent year, an amount equal to the lesser of

(a)  the amount by which the unused portion of the refundable tax credit of the corporation for the subsequent year exceeds the aggregate of all amounts each of which is an amount deemed to have been paid to the Minister by the corporation under this section, in respect of the unused portion, for a taxation year preceding the particular year; and

(b)  the amount by which the total taxes of the corporation for the particular year exceeds the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for the particular year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 or section 1029.8.36.171.1, or under this section in respect of the unused portion of the refundable tax credit of the corporation for a taxation year preceding the subsequent year.

2004, c. 21, s. 429.

1029.8.36.171.3. Where, at any time, control of a corporation is acquired by a person or group of persons, no amount may, for a taxation year ending after that time, be deemed, under section 1029.8.36.171.1, to have been paid to the Minister by the corporation in respect of the unused portion of the refundable tax credit of the corporation for a taxation year ending before that time.

However, the corporation may be deemed to have paid an amount to the Minister, for a particular taxation year ending after that time, in respect of the portion of an unused portion of the refundable tax credit for a taxation year ending before that time that may reasonably be considered to be attributable to the carrying on of a business, if the corporation carried on the business throughout the particular year for profit or with a reasonable expectation of profit.

The amount that the corporation may be deemed to have paid to the Minister for the particular year under section 1029.8.36.171.1 in respect of the portion referred to in the second paragraph must be determined as if the reference to the total taxes in that section were a reference to the portion of the total taxes of the corporation for the particular year that may reasonably be attributed to the carrying on of that business and, where the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time, of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2004, c. 21, s. 429.

1029.8.36.171.4. Where, at any time, control of a corporation is acquired by a person or group of persons, no amount may, for a taxation year ending before that time, be deemed, under section 1029.8.36.171.2, to have been paid to the Minister by the corporation in respect of the unused portion of the refundable tax credit of the corporation for a taxation year ending after that time.

However, the corporation may be deemed to have paid an amount to the Minister, for a particular taxation year ending before that time, in respect of the portion of an unused portion of the refundable tax credit for a taxation year ending after that time that may reasonably be considered to be attributable to the carrying on of a business, if the corporation carried on the business throughout the taxation year and in the particular year for profit or with a reasonable expectation of profit.

The amount that the corporation may be deemed to have paid to the Minister for the particular year under section 1029.8.36.171.2 in respect of the portion referred to in the second paragraph must be determined as if the reference to the total taxes in that section were a reference to the portion of the total taxes of the corporation for the particular year that may reasonably be attributed to the carrying on of that business and, where the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time, of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2004, c. 21, s. 429; 2007, c. 12, s. 192.

§ 3 . — Government assistance, non-government assistance and other particulars

2002, c. 40, s. 209.

1029.8.36.172. For the purpose of computing the amount that is deemed to have been paid to the Minister by a qualified corporation, for a taxation year, under any of sections 1029.8.36.168 to 1029.8.36.171, the following rules apply:

(a)  the amount of the eligible expenses referred to in any of subparagraphs a to e of the first paragraph of section 1029.8.36.168 or 1029.8.36.170, as the case may be, shall be reduced, where applicable, by the amount of any government assistance or non-government assistance attributable to the expenses that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for the year;

(b)  the corporation’s share of the eligible expenses of a qualified partnership, referred to in any of subparagraphs a to e of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for a fiscal period of the partnership that ends in the taxation year, shall be reduced, where applicable,

i.  by the corporation’s share, for the fiscal period, of any amount of government assistance or non-government assistance attributable to the expenses that the partnership has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of any government assistance or non-government assistance attributable to the expenses that the qualified corporation has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, a qualified corporation’s share of an amount for a fiscal period of a qualified partnership is equal to the agreed proportion of the amount in respect of the qualified corporation for the partnership’s fiscal period.

2002, c. 40, s. 209; 2004, c. 21, s. 430; 2007, c. 12, s. 193; 2009, c. 15, s. 307.

1029.8.36.172.1. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister under section 1029.8.36.171.1 for a particular taxation year in respect of the unused portion of the refundable tax credit of the corporation for a particular preceding taxation year, in relation to eligible expenses incurred by the corporation or a partnership of which it is a member at the end of the fiscal period of the partnership ending in the particular preceding year, the unused portion of the refundable tax credit of the corporation, otherwise determined, shall be reduced by the amount determined under the second paragraph where

(a)  in the particular year or a preceding taxation year, an amount relating to the eligible expenses of the corporation, other than an amount reducing those expenses in accordance with section 1029.8.36.172 or 1029.8.36.177, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  in a fiscal period of the partnership ending in the particular year or in a preceding taxation year and at the end of which the corporation is a member of the partnership, an amount relating to the eligible expenses of the partnership, other than an amount reducing those expenses in accordance with section 1029.8.36.172 or 1029.8.36.177, is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The amount to which the first paragraph refers is the amount by which the unused portion of the refundable tax credit of the corporation for the particular preceding year, otherwise determined, exceeds the amount that would be the amount of the unused portion of the refundable tax credit of the corporation if

(a)  any amount referred to in subparagraph a or b of the first paragraph that is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation were directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation in the particular preceding year; and

(b)  any amount referred to in subparagraph b of the first paragraph that is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership were directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership in the fiscal period of the partnership ending in the particular preceding year.

If, in respect of the eligible expenses referred to in the first paragraph, a person other than the corporation, or a partnership other than the partnership of which the corporation is a member, has obtained, at a particular time after 21 April 2005, a benefit or advantage that would have reduced those expenses in accordance with section 1029.8.36.177 if the person or partnership had obtained it, had been entitled to obtain it or could reasonably have expected to obtain it on or before the corporation’s filing-due date for the particular preceding taxation year, or on or before the day that is six months after the end of the fiscal period of the partnership of which the corporation is a member that ended in the particular preceding taxation year, the benefit or advantage is, for the purposes of the first and second paragraphs,

(a)  if those expenses were incurred by the corporation, deemed to be an amount that is paid to the corporation at that time; or

(b)  if those expenses were incurred by the partnership of which the corporation is a member, deemed to be

i.  an amount that is paid to that partnership at that time, when that benefit or advantage has been obtained by another partnership or by a person other than the person referred to in subparagraph ii, or

ii.  an amount that is paid to the corporation at that time, when that benefit or advantage has been obtained by a person with whom the corporation does not deal at arm’s length.

2004, c. 21, s. 431; 2007, c. 12, s. 194; 2010, c. 5, s. 160.

1029.8.36.173. Where a corporation pays, in a taxation year, in this section referred to as the “repayment year”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph a of the first paragraph of section 1029.8.36.172, eligible expenses of the corporation, for the purpose of computing the amount that it is deemed to have paid to the Minister under section 1029.8.36.168 or 1029.8.36.170 in respect of the expenses, for a particular taxation year, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for the repayment year, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the repayment year under section 1000, an amount equal to the aggregate of

(a)  the amount by which the amount that it would be deemed to have paid to the Minister for the particular year, in respect of the expenses, under subparagraphs a to c of the first paragraph of section 1029.8.36.168 or 1029.8.36.170, as the case may be, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.172, exceeds the aggregate of

i.  the amount that the corporation is deemed to have paid to the Minister for the particular year under subparagraphs a to c of the first paragraph of section 1029.8.36.168 or 1029.8.36.170, as the case may be, in respect of the expenses, and

ii.  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this paragraph in respect of an amount of repayment of that assistance; and

(b)  the amount by which the aggregate of all amounts each of which is an amount that it would be deemed to have paid to the Minister, in respect of the expenses, under subparagraphs d and e of the first paragraph of section 1029.8.36.168 or 1029.8.36.170, as the case may be, for the particular year, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the repayment year, if any amount of such assistance so repaid at or before the end of the repayment year had reduced, for the particular year, the amount of any government assistance or non-government assistance referred to in subparagraph a of the first paragraph of section 1029.8.36.172, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, in respect of the expenses, under subparagraphs d and e of the first paragraph of section 1029.8.36.168 or 1029.8.36.170, as the case may be, for the particular year, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the repayment year, and

ii.  any amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under this paragraph in respect of an amount of repayment of that assistance.

2002, c. 40, s. 209; 2004, c. 21, s. 432.

1029.8.36.174. Where a partnership pays, in a fiscal period, in this section referred to as the “fiscal period of repayment”, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.172, a corporation’s share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.169 or 1029.8.36.171, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if the corporation is a member of the partnership at the end of the fiscal period of repayment and if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the aggregate of

(a)  the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under subparagraphs a to c of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends exceeds the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under subparagraphs a to c of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, in respect of the eligible expenses of the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this subparagraph for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  the amount by which the aggregate of all amounts each of which is a particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under subparagraphs d and e of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, in respect of the eligible expenses of the partnership, under subparagraphs d and e of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this subparagraph for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the partnership, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amounts to which subparagraphs a and b of the first paragraph refer shall be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph i of subparagraph b of the first paragraph of section 1029.8.36.172; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2002, c. 40, s. 209; 2004, c. 21, s. 433; 2006, c. 36, s. 190; 2009, c. 15, s. 308.

1029.8.36.175. Where a corporation is a member of a partnership at the end of a fiscal period of the partnership, in this section referred to as the “fiscal period of repayment”, and pays, in the fiscal period of repayment, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced, because of subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.172, its share of the eligible expenses of the partnership for a particular fiscal period, for the purpose of computing the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.169 or 1029.8.36.171, in respect of the share, for its taxation year in which the particular fiscal period ended, the corporation is deemed to have paid to the Minister on the corporation’s balance-due day for its taxation year in which the fiscal period of repayment ends, on account of its tax payable for that year under this Part, if it encloses the prescribed form containing the prescribed information with the fiscal return it is required to file for the year under section 1000, an amount equal to the aggregate of

(a)  the amount by which the particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under subparagraphs a to c of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, exceeds the aggregate of

i.  the amount that the corporation would be deemed to have paid to the Minister under subparagraphs a to c of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, in respect of the share, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this subparagraph for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment; and

(b)  the amount by which the aggregate of all amounts each of which is a particular amount that the corporation would be deemed, if the assumptions set out in the second paragraph were taken into account, to have paid to the Minister, in respect of the share, under subparagraphs d and e of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, exceeds the aggregate of

i.  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, in respect of the share, under subparagraphs d and e of the first paragraph of section 1029.8.36.169 or 1029.8.36.171, as the case may be, for its taxation year in which the particular fiscal period ends, or under section 1029.8.36.171.1 or 1029.8.36.171.2 for another taxation year that precedes the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment, and

ii.  any amount that the corporation would be deemed to have paid to the Minister under this subparagraph for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in respect of an amount of that assistance repaid by the corporation, if the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

The particular amounts to which subparagraphs a and b of the first paragraph refer shall be computed as if

(a)  any amount of assistance repaid at or before the end of the fiscal period of repayment reduced, for the particular fiscal period, the amount of any government assistance or non-government assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1029.8.36.172; and

(b)  the agreed proportion in respect of the corporation for the particular fiscal period were the same as that for the fiscal period of repayment.

2002, c. 40, s. 209; 2004, c. 21, s. 434; 2006, c. 36, s. 191; 2009, c. 15, s. 309.

1029.8.36.176. For the purposes of sections 1029.8.36.173 to 1029.8.36.175, an amount of assistance is deemed to be repaid, at a particular time, by a corporation or a partnership, as the case may be, pursuant to a legal obligation, where that amount

(a)  reduced, because of section 1029.8.36.172, eligible expenses or the share of such expenses of a corporation that is a member of the partnership, for the purpose of computing the amount that the corporation or the corporation that is a member of the partnership is deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.168 to 1029.8.36.171;

(b)  was not received by the corporation or partnership; and

(c)  ceased at the particular time to be an amount that the corporation or partnership may reasonably expect to receive.

2002, c. 40, s. 209.

1029.8.36.176.1. For the purpose of computing the amount that a corporation is deemed to have paid to the Minister under section 1029.8.36.171.1 for a particular taxation year in respect of the unused portion of the refundable tax credit of the corporation for a particular preceding taxation year, the unused portion of the refundable tax credit of the corporation, otherwise determined, shall, where the conditions set out in the second paragraph are met for the particular year or for a preceding taxation year, each of which referred to in this section as a “year of increase”, be increased by the aggregate of all amounts each of which is the excess amount referred to in subparagraph b of the second paragraph for a year of increase.

For the purposes of the first paragraph, the conditions that shall be met for a year of increase are as follows:

(a)  paragraph b of section 1029.8.36.173 or subparagraph b of the first paragraph of section 1029.8.36.174 or 1029.8.36.175 applies for the year of increase to the corporation in relation to a particular amount that may reasonably be considered to be a repayment, made in the year of increase or in the fiscal period of a partnership ending in the year of increase, of government assistance or non-government assistance that reduced, because of section 1029.8.36.172, the eligible expenses of the corporation for the particular preceding year or the corporation’s share of the eligible expenses of the partnership for a fiscal period of the partnership ending in the particular preceding year; and

(b)  the amount determined under the third paragraph exceeds the amount determined under the fourth paragraph.

The first amount to which subparagraph b of the second paragraph refers is the total amount that the corporation would be deemed to have paid to the Minister for the particular preceding year under subparagraphs d and e of the first paragraph of sections 1029.8.36.168 to 1029.8.36.171 if

(a)  no reference were made to the second paragraph of sections 1029.8.36.168 and 1029.8.36.169 and to the third paragraph of sections 1029.8.36.170 and 1029.8.36.171;

(b)  where subparagraph b of the first paragraph of section 1029.8.36.174 or 1029.8.36.175 applies for the year of increase to the corporation, the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the particular preceding year were the same as that for the year of increase; and

(c)  any particular amount referred to in subparagraph a of the second paragraph that may reasonably be considered to be a repayment of government assistance or non-government assistance referred to in that subparagraph a reduced the amount of government assistance or non-government assistance.

The second amount to which subparagraph b of the second paragraph refers is the aggregate of

(a)  the amount that would be determined under the third paragraph if no reference were made to subparagraph c of that paragraph; and

(b)  the total amount that the corporation is deemed to have paid to the Minister for the year of increase under sections 1029.8.36.173 to 1029.8.36.175.

2004, c. 21, s. 435; 2006, c. 36, s. 192; 2009, c. 15, s. 310.

1029.8.36.177. Where, in respect of eligible expenses of a qualified corporation or a qualified partnership, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to work resulting from the eligible expenses, whether in the form of a reimbursement, compensation, guarantee, in the form of proceeds of disposition of property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the qualified corporation is deemed to have paid to the Minister for a taxation year under section 1029.8.36.168 or 1029.8.36.170, as the case may be, the amount of the eligible expenses referred to in any of subparagraphs a to e of the first paragraph of that section 1029.8.36.168 or 1029.8.36.170 shall be reduced by the amount of the benefit or advantage relating to the eligible expenses that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the filing-due date of the qualified corporation for the taxation year; and

(b)  for the purpose of computing the amount that is deemed to have been paid to the Minister for a taxation year under section 1029.8.36.169 or 1029.8.36.171, as the case may be, by a qualified corporation that is a member of the qualified partnership referred to in that section, the share, referred to in any of subparagraphs a to e of the first paragraph of that section 1029.8.36.169 or 1029.8.36.171, of the qualified corporation, for a fiscal period of the partnership that ends in the taxation year, of the amount of the eligible expenses, shall be reduced

i.  by its share, for the fiscal period, of the amount of the benefit or advantage relating to the eligible expenses that a person or partnership, other than a person referred to in subparagraph ii, has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period, and

ii.  by the amount of the benefit or advantage relating to the eligible expenses that the qualified corporation or a person with which it does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of the fiscal period.

For the purposes of subparagraph i of subparagraph b of the first paragraph, the share, for a fiscal period of a qualified partnership, of a qualified corporation that is a member of the qualified partnership of the amount of the benefit or advantage that the partnership, or a person referred to in that subparagraph i, has obtained, is entitled to obtain or may reasonably expect to obtain, is equal to the agreed proportion of the amount in respect of the qualified corporation for the fiscal period.

2002, c. 40, s. 209; 2004, c. 21, s. 436; 2009, c. 15, s. 311.

1029.8.36.178. For the purposes of this Part and of the regulations, the amount that a qualified corporation is deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.168 to 1029.8.36.171.2 and 1029.8.36.173 to 1029.8.36.175, in respect of eligible expenses incurred before 13 June 2003, is deemed not to be assistance or an inducement received by the corporation from a government.

2002, c. 40, s. 209; 2004, c. 21, s. 437.

DIVISION II.7

Repealed, 1997, c. 85, s. 262.

1992, c. 1, s. 177; 1997, c. 85, s. 262.

§ 1 . —

Repealed, 1997, c. 85, s. 262.

1992, c. 1, s. 177; 1997, c. 85, s. 262.

1029.8.37. (Repealed).

1992, c. 1, s. 177; 1994, c. 22, s. 322; 1997, c. 85, s. 262.

1029.8.38. (Repealed).

1992, c. 1, s. 177; 1997, c. 85, s. 262.

1029.8.39. (Repealed).

1992, c. 1, s. 177; 1997, c. 85, s. 262.

§ 2 . —

Repealed, 1997, c. 85, s. 262.

1992, c. 1, s. 177; 1997, c. 85, s. 262.

1029.8.40. (Repealed).

1992, c. 1, s. 177; 1995, c. 63, s. 194; 1997, c. 31, s. 143; 1997, c. 85, s. 262.

1029.8.41. (Repealed).

1992, c. 1, s. 177; 1997, c. 85, s. 262.

1029.8.42. (Repealed).

1992, c. 1, s. 177; 1993, c. 19, s. 125; 1995, c. 63, s. 195; 1997, c. 85, s. 262.

1029.8.43. (Repealed).

1992, c. 1, s. 177; 1993, c. 19, s. 126; 1993, c. 64, s. 169; 1995, c. 1, s. 158; 1995, c. 63, s. 196; 1997, c. 14, s. 235; 1997, c. 85, s. 262.

1029.8.44. (Repealed).

1992, c. 1, s. 177; 1994, c. 22, s. 323; 1995, c. 63, s. 197; 1997, c. 14, s. 236; 1997, c. 85, s. 262.

1029.8.45. (Repealed).

1992, c. 1, s. 177; 1997, c. 85, s. 262.

1029.8.46. (Repealed).

1992, c. 1, s. 177; 1995, c. 63, s. 198; 1997, c. 85, s. 262.

1029.8.47. (Repealed).

1992, c. 1, s. 177; 1995, c. 63, s. 199; 1997, c. 85, s. 262.

1029.8.48. (Repealed).

1992, c. 1, s. 177; 1995, c. 63, s. 200; 1997, c. 85, s. 262.

§ 3 . —

Repealed, 1995, c. 63, s. 201.

1992, c. 1, s. 177; 1995, c. 63, s. 201.

1029.8.49. (Repealed).

1992, c. 1, s. 177; 1993, c. 19, s. 127; 1993, c. 64, s. 170; 1995, c. 63, s. 201.

DIVISION II.8 CREDIT FOR THE REPAYMENT OF BENEFITS

1992, c. 1, s. 177.

1029.8.50. An individual who is resident in Québec on the last day of a particular taxation year and repays, in that year, all or part of an amount that is a benefit received by the individual under the Act respecting parental insurance (chapter A-29.011), the Act respecting the Québec Pension Plan (chapter R-9) or a similar plan within the meaning of that Act, or under the Unemployment Insurance Act (Revised Statutes of Canada, 1985, chapter U-1) or the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) and included by the individual in computing the individual’s income for one or more preceding taxation years, is deemed to have paid to the Minister on the individual’s balance-due day for the particular taxation year, on account of the individual’s tax payable for the particular year under this Part, the aggregate of all amounts each of which is an amount determined, for a preceding taxation year that is an eligible taxation year of the individual, within the meaning of section 766.2.2, to which the amount so repaid relates, in whole or in part, hereinafter called the “taxation year to which the averaging applies”, by the formula

A − B.

However, the first paragraph does not apply

(a)  in respect of an amount repaid by the individual in the particular year under Part VII of the Unemployment Insurance Act or Part VII of the Employment Insurance Act; and

(b)  in respect of an individual who deducts an amount for the particular year under paragraph d of section 336 as a repayment of a benefit referred to in the first paragraph.

In the formula in the first paragraph,

(a)  A is the total of the tax that would have been payable by the individual, for the taxation year to which the averaging applies, under this Part and, if the taxation year to which the averaging applies precedes the year 1998, under Part I.1, as it read for that year, if the aggregate of all amounts each of which is the portion of an amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies, except such an amount that is a repayment referred to in the first paragraph that the individual makes in the particular year, had been included or deducted in computing the individual’s taxable income for the taxation year to which the averaging applies; and

(b)  B is the total of the tax that would have been payable by the individual, for the taxation year to which the averaging applies, under this Part and, if the taxation year to which the averaging applies precedes the year 1998, under Part I.1, as it read for that year, if the aggregate of all amounts each of which is the portion of an amount subject to an averaging mechanism, in relation to the individual for the particular taxation year or a preceding taxation year, that relates to the taxation year to which the averaging applies, had been included or deducted in computing the individual’s taxable income for the taxation year to which the averaging applies.

For the purposes of the third paragraph, “amount subject to an averaging mechanism”, in relation to an individual for a taxation year, means an amount that is received or paid by the individual in the year and that is referred to in any of subparagraphs a to c of the first paragraph of section 766.2, or an amount paid by the individual in the year and in respect of which the first paragraph applies, except, in respect of a taxation year to which the averaging applies and that ends before 1 January 2003, such an amount received or paid in a taxation year that ends before 1 January 2004.

If the second paragraph of section 22 applies to an individual, the amount that the individual is deemed to have paid to the Minister for the year under the first paragraph shall not exceed such portion of that amount as is represented by the proportion determined in respect of the individual for the year under the second paragraph of section 22.

For the purposes of the first paragraph, if an individual dies or ceases to be resident in Canada in a taxation year, the last day of that taxation year is the day on which the individual died or the last day on which the individual was resident in Canada.

In addition, for the purpose of establishing the amount determined by the formula in the first paragraph in respect of a taxation year to which the averaging applies, the following rules apply:

(a)  the proportion referred to in the second paragraph of section 22 for the taxation year to which the averaging applies is deemed to be equal to 1; and

(b)  if an individual was resident in Canada outside Québec on the last day of the taxation year to which the averaging applies, the individual is deemed to have been resident in Québec on the last day of that year.

1992, c. 1, s. 177; 1993, c. 64, s. 171; 1995, c. 1, s. 159; 1995, c. 63, s. 202; 1997, c. 14, s. 290; 1997, c. 31, s. 118; 1997, c. 85, s. 263; 1998, c. 16, s. 251; 2000, c. 5, s. 268; 2001, c. 51, s. 190; 2003, c. 9, s. 345; 2005, c. 38, s. 276; 2009, c. 15, s. 312.

DIVISION II.8.1

Repealed, 2005, c. 23, s. 227.

1999, c. 83, s. 219; 2005, c. 23, s. 227.

1029.8.50.1. (Repealed).

1999, c. 83, s. 219; 2000, c. 39, s. 189; 2005, c. 23, s. 227.

DIVISION II.8.2 CREDIT RELATING TO THE TAX DEDUCTED OR WITHHELD IN RESPECT OF AN INCOME-AVERAGING ANNUITY RESPECTING INCOME FROM ARTISTIC ACTIVITIES

2005, c. 23, s. 228.

1029.8.50.2. An individual resident in Québec at the end of a taxation year is deemed to have paid to the Minister, on the individual’s filing-due date for the year, on account of the individual’s tax payable for the year under this Part, an amount equal to the aggregate of all amounts each of which is an amount deducted or withheld, under the second paragraph of section 1129.68, in respect of an income-averaging annuity payment respecting income from artistic activities, as defined in section 1129.67, to the extent that each of the amounts referred to in the definition of that expression is included in computing the individual’s income for the year under paragraph c or d.1 of section 312.

For the purposes of the first paragraph, the following rules apply:

(a)  if an individual dies or ceases to be resident in Canada in a taxation year, the last day of the individual’s taxation year is the day of the individual’s death or the last day on which the individual was resident in Canada; and

(b)  if an amount is not deducted or withheld in accordance with the second paragraph of section 1129.68 in respect of an income-averaging annuity payment respecting income from artistic activities and the tax provided for in section 1129.68 is paid, in respect of the income-averaging annuity payment respecting income from artistic activities, by the individual referred to in the first paragraph of that section, or by the person referred to in the second paragraph of that section, the amount so paid is deemed to have been deducted or withheld in accordance with the second paragraph of section 1129.68 in respect of the income-averaging annuity payment respecting income from artistic activities.

For the purpose of computing the payments that an individual referred to in the first paragraph is required to make under section 1025 or 1026, the individual is deemed to have paid to the Minister, on account of the individual’s tax payable for the year under this Part, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2005, c. 23, s. 228; 2009, c. 15, s. 313.

DIVISION II.8.3 CREDIT RELATING TO THE RETROACTIVE DETERMINATION OF CERTAIN BENEFITS

2005, c. 38, s. 277.

1029.8.50.3. If section 766.17 applies to an individual for a taxation year and the amount determined for that year by the formula in the first paragraph of section 766.17 is, without reference to section 7.5, less than zero, the negative amount so computed must be expressed as a positive amount that the individual is deemed to have paid, on the individual’s balance-due day for that year, on account of the individual’s tax payable for that year under this Part.

2005, c. 38, s. 277.

DIVISION II.9

Repealed, 1995, c. 1, s. 160.

1992, c. 1, s. 177; 1995, c. 1, s. 160.

§ 1 . —

Repealed, 1995, c. 1, s. 160.

1992, c. 1, s. 177; 1995, c. 1, s. 160.

1029.8.51. (Repealed).

1992, c. 1, s. 177; 1993, c. 19, s. 128; 1995, c. 1, s. 160.

§ 2 . —

Repealed, 1995, c. 1, s. 160.

1992, c. 1, s. 177; 1995, c. 1, s. 160.

1029.8.52. (Repealed).

1992, c. 1, s. 177; 1993, c. 19, s. 129; 1995, c. 1, s. 160.

1029.8.52.1. (Repealed).

1993, c. 19, s. 130; 1995, c. 1, s. 160.

DIVISION II.10

Repealed, 2003, c. 9, s. 346.

1993, c. 16, s. 335; 2003, c. 9, s. 346.

1029.8.53. (Repealed).

1993, c. 16, s. 335; 1996, c. 39, s. 273; 2003, c. 9, s. 346.

DIVISION II.11

Repealed, 2005, c. 38, s. 278.

1993, c. 19, s. 131; 2005, c. 38, s. 278.

§ 1 . —

Repealed, 2005, c. 38, s. 278.

1993, c. 19, s. 131; 2005, c. 38, s. 278.

1029.8.54. (Repealed).

1993, c. 19, s. 131; 2001, c. 51, s. 191; 2005, c. 38, s. 278.

1029.8.55. (Repealed).

1993, c. 19, s. 131; 2005, c. 38, s. 278.

1029.8.56. (Repealed).

1993, c. 19, s. 131; 2003, c. 9, s. 347; 2005, c. 1, s. 250; 2005, c. 38, s. 278.

§ 2 . —

Repealed, 2005, c. 38, s. 278.

1993, c. 19, s. 131; 2005, c. 38, s. 278.

1029.8.57. (Repealed).

1993, c. 19, s. 131; 1995, c. 1, s. 161; 1995, c. 63, s. 203; 1997, c. 31, s. 143; 2005, c. 38, s. 278.

1029.8.58. (Repealed).

1993, c. 19, s. 131; 2005, c. 1, s. 251; 2005, c. 38, s. 278.

1029.8.59. (Repealed).

1993, c. 19, s. 131; 2000, c. 5, s. 269; 2001, c. 53, s. 221; 2005, c. 1, s. 252; 2005, c. 38, s. 278.

1029.8.60. (Repealed).

1993, c. 19, s. 131; 1995, c. 63, s. 204; 2005, c. 38, s. 278.

1029.8.61. (Repealed).

1993, c. 19, s. 131; 1995, c. 63, s. 204; 2005, c. 38, s. 278.

DIVISION II.11.1 CREDIT FOR HOME SUPPORT FOR ELDERLY PERSONS

§ 1 . — Interpretation

2000, c. 39, s. 190.

1029.8.61.1. In this division,

“dependant” of an eligible individual, at any time, means a person who is dependent on the eligible individual if, at that time, that person is, in respect of the eligible individual, a child or any other person related to the eligible individual by blood, marriage or adoption who ordinarily lives with the eligible individual;

“dependent person” at a particular time means a person who, at that time, according to a written certificate from a physician within the meaning of section 752.0.18, depends and will continue to permanently depend, for a prolonged and indefinite period, on other people for most of the person’s needs and personal care relating to hygiene, dressing, eating and mobility or transfers, or who needs constant supervision because of a severe mental disorder characterized by an irreversible breakdown in thought activity;

“dwelling unit” of an eligible individual means a self-contained domestic establishment or a room that is leased or subleased by the eligible individual or the eligible individual’s spouse and that is the eligible individual’s principal place of residence, other than

(a)  a self-contained domestic establishment or a room situated in a public network facility;

(b)  a room situated in a hotel establishment or rooming house, that is leased or subleased by the eligible individual or the eligible individual’s spouse for a period of less than 60 consecutive days; or

(c)  a room situated in a self-contained domestic establishment maintained by a person, or by the person’s spouse, who is the owner, lessee or sublessee of the self-contained domestic establishment and who, in respect of the eligible individual occupying the room, is deemed to have paid an amount on account of tax payable under section 1029.8.61.64 for the taxation year in which an eligible service is rendered or to be rendered in respect of the eligible individual;

“eligible expense” made by an eligible individual in a taxation year means, subject to section 1029.8.61.2, the portion of an amount paid in the year by the eligible individual or by the person who is the eligible individual’s spouse at the time of the payment, that may reasonably be attributed to an eligible service rendered or to be rendered in respect of the eligible individual after the eligible individual has attained the age of 70 years, and that corresponds

(a)  in the case of a service rendered or to be rendered by an employee of an eligible individual, to the aggregate of

i.  the salary or wages of the employee in respect of the service,

ii.  each of the amounts payable in respect of the employee in relation to the salary or wages referred to in subparagraph i under any of

(1)  section 59 of the Act respecting parental insurance (chapter A-29.011),

(2)  section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5),

(3)  section 52 of the Act respecting the Québec Pension Plan (chapter R-9), or

(4)  section 68 of the Employment Insurance Act (Statutes of Canada, 1996, chapter 23), and

iii.  the expenses paid for a payroll processing service for the payment of the salary or wages referred to in subparagraph i; or

(b)  in the case of a service rendered or to be rendered by a person, other than a person who is an employee of the eligible individual, or a partnership, each of which referred to in this division as the “service provider”, to the amount that is the cost of the service, including, where applicable, the goods and services tax or the Québec sales tax in respect of the service;

“eligible individual” for a taxation year means an individual, other than a trust, who, at the end of 31 December of the year, is resident in Québec and has attained the age of 70 years;

“eligible rent” for a dwelling unit for a particular month means an amount that is equal to the lesser of the rent attributable to the particular month and specified in the lease of the dwelling unit or, in the case of an oral lease, in the written document that must be given to the lessee, to which is added, if applicable, the additional rent attributable to that month and specified in the schedule to the lease of the dwelling unit—taking into account, if the lease was renewed, the changes made to the rent for the dwelling unit and, if applicable, the changes made to the additional rent—and the amount paid or payable by the lessee, for the particular month, as rent for the dwelling unit;

“eligible service” in respect of an eligible individual means a home support service that is

(a)  a personal support service that is a service described in the first paragraph of section 1029.8.61.3, rendered or to be rendered in Québec to the eligible individual by a person or a service provider who is not

i.  the spouse of the eligible individual,

ii.  a dependant of the eligible individual, or

iii.  a person, or the spouse of that person, who is deemed, in respect of the eligible individual, to have paid an amount on account of the person’s or spouse’s tax payable under section 1029.8.61.64 for the taxation year in which the service is rendered or is to be rendered to the eligible individual; or

(b)  a maintenance or supply service that is a service described in the second paragraph of section 1029.8.61.3, rendered or to be rendered in Québec by a person or a service provider who is neither the eligible individual’s spouse nor a dependant of the eligible individual, in respect of a residential unit or dwelling unit of the eligible individual, or of land on which the unit is situated;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“family income” of an individual for a taxation year means the aggregate of the income of the individual for the year and the income, for the year, of the person who is the individual’s eligible spouse for the year;

“public network facility” means any of the following immovables:

(a)  a facility maintained by a public institution or a private institution which is party to an agreement under the Act respecting health services and social services (chapter S-4.2) that operates a hospital centre, a residential and long-term care centre or a rehabilitation centre within the meaning of that Act;

(b)  a facility maintained by a hospital centre or a reception centre that is a public institution for the purposes of the Act respecting health services and social services for Cree Native persons (chapter S-5) or that entered into a contract or an agreement in accordance with section 176 or 177 of that Act; or

(c)  a building or residential facility where are offered the services of an intermediate resource or a family-type resource within the meaning of the Act respecting health services and social services or those of a foster family referred to in the Act respecting health services and social services for Cree Native persons;

“residence for the elderly” means a congregate residential facility where dwelling units intended for elderly persons are offered for rent along with a varied range of services relating mainly to security, housekeeping assistance and assistance with social activities;

“residential unit” of an eligible individual means a self-contained domestic establishment owned by the eligible individual or the eligible individual’s spouse and that is the eligible individual’s principal place of residence;

“salary or wages” means an amount that an employee receives for an eligible service rendered or to be rendered in respect of an eligible individual who is the employer of the employee;

“schedule to the lease” of a dwelling unit means the form that must be attached to the lease of the dwelling unit, in accordance with section 2 of the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee made by Order in Council 907-96 (1996, G.O. 2, 3713), as amended.

For the purposes of the definition of “eligible expense” in the first paragraph, the following rules apply:

(a)  only the portion of an amount paid as rent that is determined in accordance with section 1029.8.61.2.1 or 1029.8.61.2.5 is an eligible expense made by an eligible individual in a taxation year;

(a.1)   the amount obtained by multiplying the total of the amounts paid in the year by the syndicate of co-owners as consideration for one or more eligible services rendered or to be rendered in respect of the common portions of an immovable, other than those for restricted use, by the share of the expenses arising from the co-ownership that relates to the fraction of the co-ownership owned by the eligible individual or the eligible individual’s spouse, is an eligible expense made by an eligible individual in a taxation year in respect of expenses arising from the divided co-ownership of the immovable;

(b)  the amount of an expenditure in respect of an eligible service shall not be greater than the fair market value of the service;

(c)  the amount of an expenditure in respect of an eligible service includes only the amount relating to the provision of the service, excluding the cost of the food, beverages, materials or other property acquired for or in connection with the provision of the service, and that amount must, to constitute an eligible expense, be reasonable and specifically identified in writing by the service provider;

(d)  the amount of an expense in respect of an eligible service rendered in respect of an eligible individual before the eligible individual’s death, paid by the legal representative on behalf of the deceased individual, is deemed to have been paid by the eligible individual in the year in which the eligible individual died; and

(e)  an amount paid in respect of a dwelling unit of an eligible individual situated in a residence for the elderly for a particular month in the year in addition to the eligible rent for that dwelling unit for the particular month is an eligible expense made by the eligible individual in a taxation year, to the extent that the amount is paid

i.  to the operator of the residence for the elderly or to a person related to the operator, as consideration for the provision of an eligible service described in subparagraph a or e of the first paragraph of section 1029.8.61.3, or

ii.  to a person or partnership, other than the operator of the residence for the elderly or a person related to the operator, as consideration for the provision of any of the following eligible services:

(1)  a service described in any of subparagraphs a, b and e of the first paragraph of section 1029.8.61.3,

(2)  a service described in subparagraph a of the second paragraph of section 1029.8.61.3, or

(3)  a service described in subparagraph b of the second paragraph of section 1029.8.61.3, if it is rendered in the course of the provision of a service described in subparagraph a of that paragraph.

For the purposes of the definition of “eligible individual” in the first paragraph, an individual who was resident in Québec immediately before death is deemed to be resident in Québec at the end of 31 December of the year in which the individual died.

For the purposes of the definition of “family income” in the first paragraph, if an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, if the individual died in the year, throughout the period of the year preceding the time of death.

2000, c. 39, s. 190; 2001, c. 51, s. 192; 2002, c. 9, s. 114; 2004, c. 21, s. 438; 2005, c. 1, s. 253; 2005, c. 38, s. 279; 2006, c. 13, s. 171; 2006, c. 36, s. 193; 2007, c. 12, s. 195; 2009, c. 15, s. 314.

1029.8.61.1.1. (Repealed).

2002, c. 9, s. 115; 2005, c. 1, s. 254; 2005, c. 38, s. 280; 2009, c. 15, s. 315.

1029.8.61.2. Subject to section 1029.8.61.2.7 and for the purposes of this division, an eligible expense, in respect of eligible services rendered or to be rendered in respect of an eligible individual, does not include, for a taxation year,

(a)  any amount that was deducted in computing the income or taxable income of the eligible individual or the eligible individual’s spouse for the year or a preceding taxation year under this Part;

(b)  any amount that was taken into account in computing

i.  an amount that was deducted in computing the tax payable by the eligible individual or the eligible individual’s spouse for the year or a preceding taxation year under this Part, or

ii.  an amount that is deemed to have been paid to the Minister on account of the tax payable by the eligible individual or the eligible individual’s spouse for the year or a preceding taxation year under this Part, except an amount that is deemed, under this division, to have been paid to the Minister on account of the tax payable by the eligible individual or the eligible individual’s spouse for the year under this Part; or

(c)  any amount for which the eligible individual or the eligible individual’s spouse or, as the case may be, the legal representative of either the eligible individual or the eligible individual’s spouse, has received or is entitled to receive a refund, except to the extent that that amount is required to be included in computing the income of the eligible individual or the eligible individual’s spouse under this Part and is not deductible in computing the income or taxable income of the eligible individual or the eligible individual’s spouse.

2000, c. 39, s. 190; 2003, c. 2, s. 276; 2004, c. 21, s. 439; 2009, c. 15, s. 316.

1029.8.61.2.1. The portion of an amount paid for a particular month in a taxation year as rent for a dwelling unit of an eligible individual situated in a residence for the elderly that is an eligible expense made by the eligible individual in the year is equal to

(a)  if, for the particular month, the eligible individual lives alone in the dwelling unit or only with a person to whom the eligible individual provides lodging, or the eligible individual co-leases the dwelling unit with at least one person who is not the eligible individual’s spouse, the amount determined under section 1029.8.61.2.2;

(b)  if, for the particular month, the eligible individual shares the dwelling unit only with the eligible individual’s spouse who, at the end of the particular month, is 69 years of age or under, the amount determined under section 1029.8.61.2.3; or

(c)  if, for the particular month, the eligible individual shares the dwelling unit only with the eligible individual’s spouse who, at the end of the particular month, is 70 years of age or over, the amount determined under section 1029.8.61.2.4.

2009, c. 15, s. 317.

1029.8.61.2.2. The amount that must be determined, for the purposes of paragraph a of section 1029.8.61.2.1, for a particular month in a taxation year, in respect of an eligible individual’s dwelling unit is the lesser of

(a)  the amount equal to 75% of the eligible rent for the dwelling unit for that month, if the eligible individual is a dependent person at the end of the particular month, and in any other case, to 65% of the eligible rent, to the extent that the eligible rent has been paid; and

(b)  the amount determined by the formula

A + B + C + D + E + F.

In the formula in subparagraph b of the first paragraph,

(a)  A is an amount equal to

i.  $150, if the eligible rent for the dwelling unit for the particular month does not exceed $1,000,

ii.  15% of the eligible rent for the dwelling unit for the particular month, if the rent is greater than $1,000 but does not exceed $2,000, or

iii.  $300, if the eligible rent for the dwelling unit for the particular month is greater than $2,000;

(b)  B is, if the eligible individual receives, for the particular month, a laundry service for the care of bedding or clothing at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to

i.  $50, if the eligible rent for the dwelling unit for that month does not exceed $1,000,

ii.  5% of the eligible rent for the dwelling unit for that month, if the rent is greater than $1,000 but does not exceed $2,000, or

iii.  $100, if the eligible rent for the dwelling unit for that month is greater than $2,000;

(c)  C is, if the eligible individual receives, for the particular month, a housekeeping service at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to

i.  $50, if the eligible rent for the dwelling unit for that month does not exceed $1,000,

ii.  5% of the eligible rent for the dwelling unit for that month, if the rent is greater than $1,000 but does not exceed $2,000, or

iii.  $100, if the eligible rent for the dwelling unit for that month is greater than $2,000;

(d)  D is, if the eligible individual receives, for the particular month, a daily food service concerning the preparation or delivery of at least one of three meals (breakfast, lunch or supper), as specified in the schedule to the lease of the dwelling unit, any of the following amounts:

i.  if the eligible rent for the dwelling unit for that month does not exceed $1,000,

(1)  $100, if the food service is provided in respect of one meal a day,

(2)  $150, if the food service is provided in respect of two meals a day, or

(3)  $200, if the food service is provided in respect of three meals a day,

ii.  if the eligible rent for the dwelling unit for that month is greater than $1,000 but does not exceed $2,000,

(1)  10% of the eligible rent, if the food service is provided in respect of one meal a day,

(2)  15% of the eligible rent, if the food service is provided in respect of two meals a day, or

(3)  20% of the eligible rent, if the food service is provided in respect of three meals a day, or

iii.  if the eligible rent for the dwelling unit for that month is greater than $2,000,

(1)  $200, if the food service is provided in respect of one meal a day,

(2)  $300, if the food service is provided in respect of two meals a day, or

(3)  $400, if the food service is provided in respect of three meals a day;

(e)  E is, if the eligible individual receives, for the particular month, a service providing for the presence of a person, who is a member of the Ordre des infirmières et infirmiers du Québec or of the Ordre des infirmières et infirmiers auxiliaires du Québec, for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, an amount equal to

i.  $100, if the eligible rent for the dwelling unit for that month does not exceed $1,000,

ii.  10% of the eligible rent for the dwelling unit for that month, if the rent is greater than $1,000 but does not exceed $2,000, or

iii.  $200, if the eligible rent for the dwelling unit for that month is greater than $2,000; and

(f)  F is, if the eligible individual receives, for the particular month, a service providing for the presence of a personal care attendant for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, any of the following amounts:

i.  if the eligible rent for the dwelling unit for that month does not exceed $1,000,

(1)  $200, if the eligible individual is a dependent person at the end of the month, or

(2)  $100, if subparagraph 1 does not apply to the individual,

ii.  if the eligible rent for the dwelling unit for that month is greater than $1,000 but does not exceed $2,000,

(1)  20% of the eligible rent, if the eligible individual is a dependent person at the end of the month, or

(2)  10% of the eligible rent, if subparagraph 1 does not apply to the individual, or

iii.  if the eligible rent for the dwelling unit for that month is greater than $2,000,

(1)  the total of $200 and 10% of the eligible rent, if the eligible individual is a dependent person at the end of the month, or

(2)  $200, if subparagraph 1 does not apply to the individual.

2009, c. 15, s. 317.

1029.8.61.2.3. The amount that must be determined, for the purposes of paragraph b of section 1029.8.61.2.1, for a particular month in a taxation year, in respect of an eligible individual’s dwelling unit is the lesser of

(a)  the amount equal to 75% of the eligible rent for the dwelling unit for that month, if the eligible individual is a dependent person at the end of the particular month, and in any other case, to 65% of the eligible rent, to the extent that the eligible rent has been paid; and

(b)  the amount determined by the formula

A + B + C + D + E + F.

In the formula in subparagraph b of the first paragraph,

(a)  A is an amount equal to the greater of 10.5% of the eligible rent for the dwelling unit for the particular month and $150, but without exceeding $300;

(b)  B is, if the eligible individual receives, for the particular month, a laundry service for the care of bedding or clothing at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 3.5% of the eligible rent for the dwelling unit for that month and $50, but without exceeding $100;

(c)  C is, if the eligible individual receives, for the particular month, a housekeeping service at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 3.5% of the eligible rent for the dwelling unit for that month and $50, but without exceeding $100;

(d)  D is, if the eligible individual receives, for the particular month, a daily food service concerning the preparation or delivery of at least one of three meals (breakfast, lunch or supper), as specified in the schedule to the lease of the dwelling unit, an amount equal to

i.  the greater of 7% of the eligible rent for the dwelling unit for that month and $100, but without exceeding $200, if the food service is provided in respect of one meal a day,

ii.  the greater of 10.5% of the eligible rent for the dwelling unit for that month and $150, but without exceeding $300, if the food service is provided in respect of two meals a day, or

iii.  the greater of 13.5% of the eligible rent for the dwelling unit for that month and $200, but without exceeding $400, if the food service is provided in respect of three meals a day;

(e)  E is, if the eligible individual receives, for the particular month, a service providing for the presence of a person, who is a member of the Ordre des infirmières et infirmiers du Québec or of the Ordre des infirmières et infirmiers auxiliaires du Québec, for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 7% of the eligible rent for the dwelling unit for that month and $100, but without exceeding $200; and

(f)  F is, if the eligible individual receives, for the particular month, a service providing for the presence of a personal care attendant for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, the aggregate of

i.  the greater of 7% of the eligible rent for the dwelling unit for that month and $100, but without exceeding $200, and

ii.  if the eligible individual is a dependent person at the end of the month, the greater of 7% of the eligible rent for the dwelling unit for that month and $100.

2009, c. 15, s. 317.

1029.8.61.2.4. The amount that must be determined, for the purposes of paragraph c of section 1029.8.61.2.1, for a particular month in a taxation year, in respect of an eligible individual’s dwelling unit is the lesser of

(a)  the amount equal to 75% of the eligible rent for the dwelling unit for that month, if the eligible individual or the eligible individual’s spouse is a dependent person at the end of the particular month, and to 65% of the eligible rent, if neither the eligible individual nor the eligible individual’s spouse is a dependent person at the end of the particular month, to the extent that the eligible rent has been paid; and

(b)  the amount determined by the formula

A + B + C + D + E + F.

In the formula in subparagraph b of the first paragraph,

(a)  A is an amount equal to the greater of 10.5% of the eligible rent for the dwelling unit for the particular month and $150, but without exceeding $300;

(b)  B is, if the eligible individual or the eligible individual’s spouse receives, for the particular month, a laundry service for the care of bedding or clothing at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 5% of the eligible rent for the dwelling unit for that month and $75, but without exceeding $100;

(c)  C is, if the eligible individual or the eligible individual’s spouse receives, for the particular month, a housekeeping service at least once a week, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 3.5% of the eligible rent for the dwelling unit for that month and $50, but without exceeding $100;

(d)  D is, if the eligible individual or the eligible individual’s spouse receives, for the particular month, a daily food service concerning the preparation or delivery of at least one of three meals (breakfast, lunch or supper), as specified in the schedule to the lease of the dwelling unit, an amount equal to

i.  the greater of 14% of the eligible rent for the dwelling unit for that month and $200, but without exceeding $400, if the food service is provided in respect of one meal a day,

ii.  the greater of 21% of the eligible rent for the dwelling unit for that month and $300, but without exceeding $600, if the food service is provided in respect of two meals a day, or

iii.  the greater of 27% of the eligible rent for the dwelling unit for that month and $400, but without exceeding $800, if the food service is provided in respect of three meals a day;

(e)  E is, if the eligible individual or the eligible individual’s spouse receives, for the particular month, a service providing for the presence of a person, who is a member of the Ordre des infirmières et infirmiers du Québec or of the Ordre des infirmières et infirmiers auxiliaires du Québec, for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, an amount equal to the greater of 7% of the eligible rent for the dwelling unit for that month and $100, but without exceeding $200; and

(f)  F is, if the eligible individual or the eligible individual’s spouse receives, for the particular month, a service providing for the presence of a personal care attendant for a period of at least seven hours a day, as specified in the schedule to the lease of the dwelling unit, the aggregate of

i.  the greater of 14% of the eligible rent for the dwelling unit for that month and $200, but without exceeding $400, and

ii.  any of the following amounts:

(1)  if either the eligible individual or the eligible individual’s spouse is a dependent person at the end of the particular month, the greater of 7% of the eligible rent for the dwelling unit for that month and $200,

(2)  if both the eligible individual and the eligible individual’s spouse are dependent persons at the end of the particular month, the greater of 14% of the eligible rent for the dwelling unit for that month and $200, or

(3)  if neither the eligible individual nor the eligible individual’s spouse is a dependent person at the end of the particular month, zero.

2009, c. 15, s. 317.

1029.8.61.2.5. The portion of an amount paid for a particular month in a taxation year as rent for an eligible individual’s dwelling unit, other than a dwelling unit situated in a residence for the elderly, that is an eligible expense made by the eligible individual in the year is equal to the amount obtained by multiplying the lesser of the eligible rent for the dwelling unit for that month and $600 by 5%.

If an eligible individual is co-leasing a dwelling unit, the amount of $600 mentioned in the first paragraph is to be replaced by the quotient obtained by dividing that amount by the number of co-lessees of the dwelling unit.

2009, c. 15, s. 317.

1029.8.61.2.6. For the purposes of sections 1029.8.61.2.1 to 1029.8.61.2.5 and of this section, the following rules apply:

(a)  if an eligible individual lives, in a particular month, in a dwelling unit that the eligible individual’s spouse is co-leasing with one or more other persons, the eligible individual is deemed, for the particular month, to be a co-lessee of the dwelling unit;

(b)  if an eligible individual is co-leasing a dwelling unit, the eligible rent for the dwelling unit for a particular month is deemed to be equal, in respect of the eligible individual, to the amount obtained by dividing the eligible rent for the dwelling unit for that month by the number of co-lessees of the dwelling unit; and

(c)  if, in a particular month, an eligible individual shares, only with the eligible individual’s spouse, a dwelling unit of which the eligible individual’s spouse is a lessee, the eligible individual is deemed, for the particular month, to be a lessee of the dwelling unit and the eligible rent for the dwelling unit for that month is deemed to be equal, in respect of the eligible individual, to the eligible rent for the dwelling unit for that month.

2009, c. 15, s. 317.

1029.8.61.2.7. For the purposes of any of subparagraphs b to f of the second paragraph of any of sections 1029.8.61.2.2 to 1029.8.61.2.4, the amount of a refund that the eligible individual or the eligible individual’s spouse, or, if applicable, the legal representative of either of them, has received or is entitled to receive and that is attributable to a service described in any of those subparagraphs b to f, must reduce the amount determined in respect of the service under that subparagraph, up to the latter amount.

For the purposes of any of sections 1029.8.61.2.2 to 1029.8.61.2.6, the eligible rent for a dwelling unit for a particular month in respect of an eligible individual must be reduced by the amount of a refund attributable to that rent, other than an amount of refund referred to in the first paragraph, that the eligible individual or the eligible individual’s spouse, or, if applicable, the legal representative of either of them, has received or is entitled to receive for that month.

2009, c. 15, s. 317.

1029.8.61.3. The personal support services rendered or to be rendered to an eligible individual, that are essential to the eligible individual’s remaining at home or that enable the eligible individual to remain at home, and to which paragraph a of the definition of “eligible service” in the first paragraph of section 1029.8.61.1 refers are, subject to section 1029.8.61.4, the following services:

(a)  a personal care service to assist the individual with hygiene, dressing, eating and mobility or transfers, if the individual does not have the autonomy required to care fully for himself or herself, because of the individual’s condition;

(b)  a meal preparation or delivery service;

(c)  a non-specialized supervision service;

(d)  a support service to enable the individual to fulfil the individual’s duties or civic obligations; and

(e)  a service rendered or to be rendered by a person who is a member of the Ordre des infirmières et infirmiers du Québec or of the Ordre des infirmières et infirmiers auxiliaires du Québec.

The maintenance or supply services rendered or to be rendered in respect of an eligible individual’s dwelling unit or residential unit, that are services required by an eligible individual so that tasks normally performed in respect of such a unit can be performed, and to which paragraph b of the definition of “eligible service” in the first paragraph of section 1029.8.61.1 refers, are, subject to the second paragraph of section 1029.8.61.3.1 and section 1029.8.61.4, the following services:

(a)  a housekeeping service;

(b)  a clothing and household linen care service;

(c)  a maintenance service consisting of minor maintenance work performed outside, including work to be performed usually at about the same date each year because of the change in seasons;

(c.1)  a maintenance service consisting of minor maintenance work on a facility that is inside the dwelling unit or residential unit or, as the case may be, the building in which the unit is situated, and that could have been outside, by reason of its nature or intended use; and

(d)  an everyday necessities supply service.

2000, c. 39, s. 190; 2002, c. 9, s. 116; 2005, c. 1, s. 255; 2006, c. 36, s. 194; 2009, c. 15, s. 318.

1029.8.61.3.1. For the purposes of subparagraph b of the first paragraph of section 1029.8.61.3, the following rules apply:

(a)  a meal preparation service means a service that consists in helping an eligible individual to prepare the eligible individual’s meals in a dwelling unit or residential unit of an eligible individual, or a meal preparation service rendered or to be rendered by a community organization established and operated exclusively for non-profit purposes; and

(b)  a meal delivery service means such a service rendered or to be rendered by a community organization established and operated exclusively for non-profit purposes.

The service, in respect of an eligible individual, described in subparagraph b of the second paragraph of section 1029.8.61.3 does not include a service rendered or to be rendered by a person or partnership whose principal business is the provision of dry cleaning, laundering or pressing services and other related services.

2006, c. 36, s. 195; 2009, c. 15, s. 319.

1029.8.61.4. The services in respect of an eligible individual that are described in section 1029.8.61.3 do not include

(a)  a personal support service, which is a service described in any of subparagraphs a to d of the first paragraph of section 1029.8.61.3, rendered or to be rendered by a person who is a practitioner referred to in section 752.0.18;

(b)  a service rendered or to be rendered by a person who is a member of a professional order referred to in the Professional Code (chapter C-26) and whose provision is governed by that professional order, except a service described in subparagraph e of the first paragraph of section 1029.8.61.3;

(c)  a service relating to construction and repair work or which requires a licence issued under the Building Act (chapter B-1.1);

(d)  a service rendered or to be rendered by an institutional or non-institutional residential resource referred to in section 512 of the Act respecting health services and social services (chapter S-4.2) to an eligible individual in respect of whom a contribution may be required under that section;

(e)  a service rendered or to be rendered by an institutional or non-institutional residential resource referred to in section 159 of the Act respecting health services and social services for Cree Native persons (chapter S-5) to an eligible individual in respect of whom a contribution may be required under that section; or

(f)  a service consisting in completing a fiscal form, unless the form is the form referred to in section 1029.8.61.6.

2000, c. 39, s. 190; 2005, c. 1, s. 256; 2006, c. 36, s. 196; 2007, c. 12, s. 196; 2009, c. 15, s. 320.

§ 2 . — Credit

2000, c. 39, s. 190.

1029.8.61.5. Subject to section 1029.8.61.5.1, an eligible individual who, in a taxation year, makes an eligible expense and files, for the year, a fiscal return under section 1000 is deemed to have paid to the Minister, on the eligible individual’s balance-due day for that taxation year, on account of the eligible individual’s tax payable for the year under this Part, an amount equal to the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is 30% of the aggregate of all amounts each of which is an eligible expense; and

(b)  B is 3% of the amount by which the eligible individual’s family income for the year exceeds $50,000.

However, for the purposes of subparagraph a of the second paragraph, the aggregate of all amounts each of which is an eligible expense made by an eligible individual in a taxation year may not exceed

(a)  $21,600, if the eligible individual is a dependent person at the end of the year; or

(b)  $15,600, if subparagraph a does not apply to the eligible individual.

An eligible individual may be deemed to have paid an amount to the Minister under the first paragraph for a taxation year in respect of an eligible expense only if the eligible individual files with the Minister the following documents with the fiscal return the eligible individual is required to file for the year under section 1000, unless the documents have already been filed with the Minister in connection with an application for advance payments made under section 1029.8.61.6:

(a)  if the eligible individual lives in a dwelling unit and the eligible expense includes a portion of the amount paid as rent, as determined under section 1029.8.61.2.1 or 1029.8.61.2.5,

i.  a copy of the lease of the dwelling unit or of the written document that must be given to the lessee in the case of an oral lease,

ii.  a copy of the schedule to the lease of the dwelling unit, if any, and

iii.  a copy of any notice of change to the lease or of any judgment setting the rent for the dwelling unit; and

(b)  if the eligible individual lives in an immovable under divided co-ownership and the eligible expense includes an amount in respect of the expenses arising from the co-ownership, a copy of the information return, in prescribed form, sent by the syndicate of co-owners.

An eligible individual referred to in the first paragraph shall keep the invoices and other vouchers relating to the eligible services during six years after the last year to which they relate.

2000, c. 39, s. 190; 2002, c. 9, s. 117; 2006, c. 36, s. 197; 2007, c. 12, s. 197; 2009, c. 15, s. 321.

1029.8.61.5.1. If, for a taxation year, an eligible individual is the eligible spouse of another eligible individual, the following rules apply:

(a)  only one of those eligible individuals is deemed to have paid an amount to the Minister on account of that eligible individual’s tax payable for the year under section 1029.8.61.5;

(b)  the eligible expense made in the year by the eligible spouse of the eligible individual to whom paragraph a applies is deemed to be an eligible expense made in the year by that individual, to the extent that the amount of such an expense is not otherwise included in the aggregate of all amounts each of which is an eligible expense made in the year by the eligible individual; and

(c)  the amount determined for the year under the third paragraph of section 1029.8.61.5 in respect of the eligible individual to whom paragraph a applies is to be increased by the amount that would be determined for the year under that paragraph in respect of the eligible individual’s eligible spouse if this division were read without reference to this section.

2009, c. 15, s. 322.

1029.8.61.5.2. If, at a particular time in a taxation year, two eligible individuals who are spouses cease to live together because of a breakdown of their marriage and their separation lasts for a period of at least 90 days that includes the particular time, the aggregate of all amounts each of which is an eligible expense made by either eligible individual in the period of the year preceding the particular time and in which they were spouses may be apportioned between them in such manner as may be agreed by them or, in case of disagreement, as the Minister may determine.

2009, c. 15, s. 322.

1029.8.61.6. If, on or before 1 December of a taxation year, an individual applies to the Minister, in the prescribed form containing the prescribed information, the Minister may pay, as an advance payment, on such terms and conditions as the Minister determines, an amount in respect of the amount that the individual considers to be the amount that the individual will be deemed to have paid to the Minister under the first paragraph of section 1029.8.61.5, on account of the individual’s tax payable for the year, in respect of an eligible expense made by the individual in the year for eligible services if

(a)  the individual is resident in Québec at the time the application is made;

(b)  the individual has reached 70 years of age at the time the eligible services are rendered or to be rendered in respect of the individual; and

(c)  the individual has agreed that the advance payments be made by direct deposit in a bank account held at a financial institution situated in Québec.

If an application for advance payments referred to in the first paragraph is made in respect of an eligible expense that includes a portion of an amount paid as rent, the prescribed form used for the application must be accompanied by the documents described in subparagraphs i to iii of subparagraph a of the fourth paragraph of section 1029.8.61.5.

The individual who receives advance payments on a regular basis shall notify the Minister, with dispatch, of any change in the individual’s situation that may affect the advance payments to which the individual is entitled.

If, at the time the application for advance payments referred to in the first paragraph is made, an individual has a spouse who satisfies the conditions set out in subparagraphs a and b of that paragraph, only one of them may make the application.

2000, c. 39, s. 190; 2006, c. 13, s. 172; 2006, c. 36, s. 198; 2007, c. 12, s. 198; 2009, c. 15, s. 323.

1029.8.61.7. An individual shall not be deemed to have paid an amount to the Minister under this division for a taxation year if the individual is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2000, c. 39, s. 190; 2007, c. 12, s. 199.

§ 3 . — Financial compensation

2009, c. 15, s. 324.

1029.8.61.7.1. The Minister may establish and implement a transitional financial compensation program for elderly persons who live in a dwelling unit.

The program mentioned in the first paragraph is a fiscal law within the meaning of the Act respecting the Ministère du Revenu (chapter M-31).

2009, c. 15, s. 324.

DIVISION II.11.2 TAX CREDIT FOR CHILD ASSISTANCE

2005, c. 1, s. 257.

§ 1 . — Interpretation and general

2005, c. 1, s. 257; 2006, c. 13, s. 173.

1029.8.61.8. In this division,

“base year” in relation to a particular month means

(a)  where the particular month is any of the first six months of a calendar year, the taxation year that ended on 31 December of the second preceding calendar year; or

(b)  where the particular month is any of the last six months of a calendar year, the taxation year that ended on 31 December of the preceding calendar year;

“Board” means the Régie des rentes du Québec;

“cohabiting spouse” of an individual at any time means the person who at that time is the individual’s spouse and who is not at that time living separate and apart from the individual;

“eligible dependent child” at any time means a person who at that time is under 18 years of age and

(a)  is not a person in respect of whom an individual has deducted an amount under section 776.41.5 in computing the individual’s tax otherwise payable under this Part for the base year in relation to the particular month that includes that time; and

(b)  is not lodged or sheltered under the law, unless the conditions relating to the contribution payable under the Regulation respecting the application of the Act respecting health services and social services (R.R.Q., 1981, chapter S-5, r.1) are complied with;

“eligible individual”, in respect of an eligible dependent child, at any time means an individual who at that time

(a)  resides with the eligible dependent child;

(b)  is the father or mother of the eligible dependent child;

(c)  is resident in Québec or, where the individual is the cohabiting spouse of a person who is deemed to be resident in Québec throughout the taxation year that includes that time, other than a person who is exempt from tax for the year under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31), was resident in Québec in any preceding taxation year;

(d)  is not exempt from tax for the taxation year that includes that time under section 982 or 983 or any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu; and

(e)  is, or whose cohabiting spouse is,

i.  a Canadian citizen,

ii.  a permanent resident within the meaning of subsection 1 of section 2 of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27),

iii.  a temporary resident or a holder of a temporary resident permit within the meaning of the Immigration and Refugee Protection Act, who was resident in Canada during the 18-month period preceding that time, or

iv.  is a protected person within the meaning of the Immigration and Refugee Protection Act;

“family income” of an individual for a base year in relation to a particular month means the aggregate of the income of the individual for the base year and the income, for the base year, of the individual’s cohabiting spouse at the beginning of the particular month.

2005, c. 1, s. 257; 2006, c. 13, s. 174; 2007, c. 12, s. 200.

1029.8.61.9. For the purposes of the definition of “cohabiting spouse” in section 1029.8.61.8, a person shall not be considered to be living separate and apart from an individual at any time unless the person was living separate and apart from the individual at that time, because of a breakdown of their marriage, for a period of at least 90 days that includes that time.

2005, c. 1, s. 257.

1029.8.61.10. (Repealed).

2005, c. 1, s. 257; 2006, c. 13, s. 175.

1029.8.61.11. If, at the beginning of a particular month, a person has a bond of filiation with an eligible dependent child with whom the person resides, other than a child who is the subject of shared custody at the beginning of the particular month, the person is deemed to fulfill the responsibility for the care and upbringing of the eligible dependent child at the beginning of the particular month, unless the person is the child’s biological mother and, at the beginning of the particular month, has not reached 18 years of age and does not have a cohabiting spouse.

For the purposes of the first paragraph, an eligible dependent child who is the subject of shared custody at the beginning of a particular month means

(a)  a child whose custody is shared between persons with whom the child has a bond of filiation, and in respect of whom each of those persons assumes at least 40% of custody time during the particular month; or

(b)  a child whose custody is shared between a person with whom the child does not have a bond of filiation and a person with whom the child has such a bond, if the latter person assumes less than 50% of custody time during the particular month.

If a person is deemed, under the first paragraph, to fulfill the responsibility for the care and upbringing of an eligible dependent child at the beginning of a particular month, no person other than a person referred to in the first paragraph may be considered to be fulfilling that responsibility in respect of that child at the beginning of the particular month.

2005, c. 1, s. 257; 2006, c. 13, s. 176.

1029.8.61.11.1. If, at the beginning of a particular month, persons have a bond of filiation with an eligible dependent child who is the subject of shared custody and in respect of whom each of those persons assumes at least 40% of custody time during the particular month, each of those persons is deemed to fulfill the responsibility for the care and upbringing of that child at the beginning of the particular month.

If persons are deemed, under the first paragraph, to fulfill the responsibility for the care and upbringing of an eligible dependent child at the beginning of a particular month, no person other than persons referred to in the first paragraph may be considered to be fulfilling that responsibility in respect of that child at the beginning of the particular month.

2006, c. 13, s. 177.

1029.8.61.11.2. If, at the beginning of a particular month, a person has a bond of filiation with an eligible dependent child who is the subject of shared custody and in respect of whom the person does not assume at least 40% of custody time during the particular month, that person and, where applicable, the person’s cohabiting spouse at the beginning of the particular month, are deemed not to be residing with that child at the beginning of the particular month.

2006, c. 13, s. 177.

1029.8.61.12. For the purpose of determining whether a person fulfils the responsibility for the care and upbringing of an eligible dependent child, the following criteria must be taken into account:

(a)  supervising the child’s daily activities and providing for the child’s daily needs;

(b)  maintaining a safe environment in which the child resides;

(c)  obtaining medical care for the child at regular intervals and as necessary, and transporting the child to the places where this care is given;

(d)  organizing, for the child, educational, recreational or sports activities, or other similar activities, and provide for the child’s participation in such activities and transportation for this purpose;

(e)  providing for the child’s needs when the child is sick or requires another person’s assistance;

(f)  seeing to the child’s personal hygiene on a regular basis;

(g)  in general, being present for the child and guiding the child; and

(h)  the existence of a court order that is issued in respect of the child and valid where the child resides.

2005, c. 1, s. 257; 2006, c. 13, s. 178.

1029.8.61.12.1. If, at the beginning of a particular month and as a consequence of the application of section 1029.8.61.12, persons who are not married to each other or who, though married, do not live together, fulfill the responsibility for the care and upbringing of an eligible dependent child, that responsibility is deemed to be fulfilled by the person who primarily fulfills, at the beginning of the particular month, that responsibility and, where applicable, by the person who has a bond of filiation with that child and assumes at least 40% of custody time in respect of the child during the particular month.

2006, c. 13, s. 179.

1029.8.61.12.2. If, at the beginning of a particular month and as a consequence of the application of section 1029.8.61.12, responsibility for the care and upbringing of an eligible dependent child is shared equally between persons who are not married to each other or who, though married, do not live together, those persons must agree in determining which one of them is deemed to fulfill that responsibility at the beginning of the particular month, unless one of those persons has a bond of filiation with the child and assumes at least 40% of custody time in respect of the child, in which case each of those persons is deemed to fulfill that responsibility.

If the persons referred to in the first paragraph cannot agree, the Board shall determine which of them is deemed to fulfill the responsibility for the care and upbringing of the eligible dependent child at the beginning of the particular month.

2006, c. 13, s. 179.

1029.8.61.12.3. For the purposes of sections 1029.8.61.12.1 and 1029.8.61.12.2, two married persons are considered not to be living together at any time if, at that time, they have been living separate and apart, because of a breakdown of their marriage, for a period of at least 90 days that includes that time.

2006, c. 13, s. 179.

1029.8.61.13. For the purposes of the definition of “family income” in section 1029.8.61.8, where an individual was not resident in Canada throughout a particular base year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, where the individual died in the year, throughout the period of the year preceding the time of death.

2005, c. 1, s. 257.

1029.8.61.14. (Repealed).

2005, c. 1, s. 257; 2006, c. 13, s. 180.

1029.8.61.15. (Repealed).

2005, c. 1, s. 257; 2006, c. 13, s. 180.

1029.8.61.16. (Repealed).

2005, c. 1, s. 257; 2006, c. 13, s. 180.

1029.8.61.17. Where an individual becomes a bankrupt in a particular calendar year, section 779 does not apply for the purpose of determining the individual’s income for the year.

2005, c. 1, s. 257.

§ 2 . — Credit

2005, c. 1, s. 257.

1029.8.61.18. Where an individual and, where applicable, the individual’s cohabiting spouse at the beginning of a particular month included in a taxation year file the document referred to in section 1029.8.61.23 for the base year in relation to the particular month, an amount equal to the amount determined by the following formula is deemed, for the particular month, to be an overpayment of the tax payable by the individual under this Part, in this division referred to as the “child assistance payment”:

1/12 A + B.

In the formula provided for in the first paragraph,

(a)  A is the greater of the amounts determined by the following formulas:

i.  (C + D) − 4% (E − F), and

ii.  G + H; and

(b)  B is an amount, in this division referred to as the “supplement for handicapped children”, equal to the product obtained by multiplying $161.50 by the number of eligible dependent children referred to in section 1029.8.61.19 in respect of whom the individual is, at the beginning of the particular month, an eligible individual.

In the formulas provided for in subparagraph a of the second paragraph,

(a)  C is,

i.  if the individual is, at the beginning of the particular month, an eligible individual in respect of a single eligible dependent child, $2,000, or

ii.  if the individual is, at the beginning of the particular month, an eligible individual in respect of more than one eligible dependent child, the aggregate of

(1)  $2,000 for the first eligible dependent child,

(2)  $1,000 for each of the second and third eligible dependent children, and

(3)  $1,500 for the fourth eligible dependent child and for each subsequent eligible dependent child;

(b)  D is an amount of $700, where the individual has no cohabiting spouse at the beginning of the particular month;

(c)  E is the individual’s family income for the base year in relation to the particular month;

(d)  F is,

i.  if the individual has a cohabiting spouse at the beginning of the particular month, the amount determined under the first paragraph of section 1029.8.61.22 that is applicable, for the particular month, in respect of such an individual, and

ii.  if the individual has no cohabiting spouse at the beginning of the particular month, the amount determined under the second paragraph of section 1029.8.61.22 that is applicable, for the particular month, in respect of such an individual;

(e)  G is,

i.  if the individual is, at the beginning of the particular month, an eligible individual in respect of a single eligible dependent child, $553, or

ii.  if the individual is, at the beginning of the particular month, an eligible individual in respect of more than one eligible dependent child, the aggregate of

(1)  $553 for the first eligible dependent child, and

(2)  $510 for the second eligible dependent child and for each subsequent eligible dependent child; and

(f)  H is an amount of $276, where the individual has no cohabiting spouse at the beginning of the particular month.

Where, at the beginning of a particular month, more than one eligible dependent child would, but for this paragraph, give entitlement to an amount in respect of a child assistance payment, as a consequence of the application of subparagraphs a and e of the third paragraph, only one of those eligible dependent children is deemed to give entitlement to such an amount.

The individual who, at the beginning of a particular month, is an eligible individual in respect of an eligible dependent child, or, where applicable, the individual’s cohabiting spouse at the beginning of the particular month, shall, for this section to apply to the individual, fulfill the responsibility for the care and upbringing of the eligible dependent child.

2005, c. 1, s. 257; 2005, c. 38, s. 281; 2006, c. 13, s. 181.

1029.8.61.18.1. If, for a particular month included in a taxation year, two individuals, who are mutually cohabiting spouses at the beginning of the particular month, would, but for this section, be entitled to receive an amount in respect of a child assistance payment under section 1029.8.61.18, only the individual described in the second paragraph is entitled to receive that amount for the particular month.

The individual to which the first paragraph refers is

(a)  in the case of an initial application filed by a family, other than a blended family,

i.  the biological mother of the eligible dependent child if the application is deemed, in accordance with section 1029.8.61.24, to have been filed, and

ii.  the first of the individuals referred to in the first paragraph who files an application, other than the application referred to in subparagraph i, in respect of an eligible dependent child;

(b)  in the case of an initial application filed by a blended family,

i.  the individual who has a bond of filiation with the largest number of eligible dependent children named in the application, and

ii.  if each of the cohabiting spouses has a bond of filiation with an equal number of eligible dependent children named in the application, the individual who has a bond of filiation with the youngest child or, if that child has a bond of filiation with each of the cohabiting spouses, the mother; and

(c)  in the case of a second application and of any subsequent application filed by a family, the individual who receives, at the time of the application, an amount in respect of a child assistance payment.

For the purposes of subparagraphs a and b of the second paragraph, a blended family means two single-parent families that combine to form a new family.

2006, c. 13, s. 182; 2010, c. 25, s. 179.

1029.8.61.18.2. If, at the beginning of a particular month, individuals, who are not mutually cohabiting spouses, are eligible individuals in respect of the same eligible dependent child, in this section referred to as the “child concerned”, and each of them is deemed to fulfill, at the beginning of the particular month, the responsibility for the care and upbringing of the child concerned under any of sections 1029.8.61.11.1, 1029.8.61.12.1 and 1029.8.61.12.2, the amount determined in respect of each individual for the particular month under section 1029.8.61.18 is to be replaced by an amount equal to the aggregate of

(a)  the amount that would be determined in respect of the individual, for the particular month, under section 1029.8.61.18 if the individual was not, at the beginning of the particular month, an eligible individual in respect of each child concerned; and

(b)  the amount that is equal to 50% of the amount by which the amount determined in respect of the individual for the particular month under section 1029.8.61.18 exceeds the amount determined under paragraph a in respect of the individual.

2006, c. 13, s. 182.

1029.8.61.18.3. An eligible individual, in respect of an eligible dependent child, may, at any time, waive entitlement to receive an amount in respect of a child assistance payment in favour of another eligible individual, in respect of the eligible dependent child, who is the eligible individual’s cohabiting spouse, provided the Board is so notified.

The waiver takes effect from the date, subsequent to the date of the notice to the Board, on which an amount is paid in respect of a child assistance payment.

2006, c. 13, s. 182.

1029.8.61.18.4. The Board may, in exceptional circumstances and if it is convinced that it is in the family’s interest, pay an amount in respect of a child assistance payment that an eligible individual in respect of an eligible dependent child is entitled to receive to the eligible individual’s cohabiting spouse if that spouse is also an eligible individual in respect of the eligible dependent child.

2006, c. 13, s. 182.

1029.8.61.19. An eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers is a child who, according to the prescribed rules, has an impairment or a developmental disability that substantially limits the child in the activities of daily living during a foreseeable period of at least one year.

For the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, an application must be filed with the Board and be accompanied by an expert’s report assessing the child’s condition.

There is an exemption from filing a new application and from filing a new expert’s report for the purpose of considering an amount in respect of the supplement for handicapped children under subparagraph b of the second paragraph of section 1029.8.61.18, where an individual becomes an eligible individual, in respect of an eligible child who already gives rise to entitlement to an amount in respect of the supplement for handicapped children and in respect of whom the individual has filed or is deemed to have filed an application under the first paragraph of section 1029.8.61.24.

Where divergent opinions exist concerning the assessment of the child’s condition, the Board may require that the child be examined by the physician it designates or by any other expert. If valid grounds are presented to oppose the choice of the physician or expert, the Board shall designate another physician or expert.

The Board may, at any time, require that the child’s condition be reassessed.

Despite the first paragraph, the child is not considered to be an eligible dependent child to whom subparagraph b of the second paragraph of section 1029.8.61.18 refers if

(a)  without a valid reason, the treatments or measures likely to improve the child’s condition are not applied or continued; or

(b)  there is refusal or omission to comply with a request for information or an examination to assess the child’s condition.

2005, c. 1, s. 257; 2006, c. 13, s. 183.

1029.8.61.20. Each of the amounts referred to in the fourth paragraph shall, where it is to be used for a taxation year subsequent to the taxation year 2004, be adjusted annually in such a manner that the amount used for that taxation year is equal to the total of the amount used for the preceding taxation year and the product obtained by multiplying that amount so used by the factor determined by the formula

(A/B) - 1.

In the formula provided for in the first paragraph,

(a)  A is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year preceding that for which an amount is to be adjusted; and

(b)  B is the overall average Québec consumer price index without alcoholic beverages and tobacco products for the 12-month period that ended on 30 September of the taxation year immediately before the year preceding that for which the amount is to be adjusted.

If the factor determined by the formula in the first paragraph has more than four decimal places, only the first four decimal digits are retained and the fourth is increased by one unit if the fifth is greater than 4.

The amounts to which the first and fifth paragraphs refer are

(a)  the amount of $161.50 mentioned in subparagraph b of the second paragraph of section 1029.8.61.18;

(b)  the amounts of $2,000, $1,000 and $1,500, wherever they are mentioned in subparagraph a of the third paragraph of section 1029.8.61.18;

(c)  the amount of $700 mentioned in subparagraph b of the third paragraph of section 1029.8.61.18;

(d)  the amounts of $553 and $510, wherever they are mentioned in subparagraph e of the third paragraph of section 1029.8.61.18; and

(e)  the amount of $276 mentioned in subparagraph f of the third paragraph of section 1029.8.61.18.

For the purposes of the first paragraph in respect of an amount that is to be used for the taxation year 2005, each of the amounts referred to in the fourth paragraph is deemed to be the amount used for the taxation year 2004.

2005, c. 1, s. 257; 2005, c. 38, s. 282; 2009, c. 5, s. 456; 2009, c. 15, s. 325.

1029.8.61.21. Where the amount that results from the adjustment provided for in section 1029.8.61.20 is not a multiple of $1, it shall be rounded to the nearest multiple of $1 or, if it is equidistant from two such multiples, to the higher thereof.

2005, c. 1, s. 257.

1029.8.61.22. The amount to which subparagraph i of subparagraph d of the third paragraph of section 1029.8.61.18 refers is the amount, in section 1029.8.61.22.1 referred to as the “child assistance payment reduction threshold”, applicable for a particular month included in a taxation year, that is equal to the amount starting at which the total income of an eligible individual for the year who has an eligible spouse for the year, and whose work income for the year is at least equal to the work premium reduction threshold referred to in subparagraph ii of subparagraph b of the second paragraph of section 1029.8.116.5 that is applicable for the year, causes the eligible individual to be deemed to have paid to the Minister an amount equal to zero on account of the eligible individual’s tax payable for the year under the first paragraph of section 1029.8.116.5.

The amount to which subparagraph ii of subparagraph d of the third paragraph of section 1029.8.61.18 refers is the amount, in section 1029.8.61.22.1 referred to as the “child assistance payment reduction threshold”, applicable for a particular month included in a taxation year, that is equal to the amount starting at which the total income of an eligible individual for the year who does not have an eligible spouse for the year, and whose work income for the year is at least equal to the work premium reduction threshold referred to in subparagraph i of subparagraph b of the second paragraph of section 1029.8.116.5 that is applicable for the year, causes the eligible individual to be deemed to have paid to the Minister an amount equal to zero on account of the eligible individual’s tax payable for the year under the first paragraph of section 1029.8.116.5.

In this section, “eligible individual”, “eligible spouse”, “total income” and “work income” have the meaning assigned by section 1029.8.116.1.

2005, c. 1, s. 257; 2006, c. 13, s. 184.

1029.8.61.22.1. The Minister of Finance publishes annually in the Gazette officielle du Québec a notice setting out the amounts of the child assistance payment reduction thresholds that are determined for a taxation year in accordance with the first and second paragraphs of section 1029.8.61.22.

The notice described in the first paragraph becomes effective from 1 January of the year for which the amounts of the child assistance payment reduction thresholds are determined and may be subject to a review having retroactive effect to that date.

2006, c. 13, s. 185.

For the taxation year 2015, the amount of the child assistance payment reduction threshold applicable to an individual who does not have a cohabiting spouse at the beginning of a particular month of the year is changed from $33,944 to $34,280; the amount of the child assistance payment reduction threshold applicable to an individual who has a cohabiting spouse at the beginning of a particular month of the year is changed from $46,699 to $47,196.

See (2014) 146 G.O. 1, 1270.

1029.8.61.23. The document to which the first paragraph of section 1029.8.61.18 refers is

(a)  where the individual is resident in Québec on 31 December of the base year and in Canada throughout that year, the fiscal return the individual is required to file under section 1000 for that year;

(b)  where the individual is not resident in Québec on 31 December of the base year but is resident in Canada throughout that year, the fiscal return the individual is required to file under Part I of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) for that year or a statement of income for that year; and

(c)  in any other case, a statement of income for the base year.

2005, c. 1, s. 257.

1029.8.61.24. An individual may be considered to be an eligible individual, in respect of an eligible dependent child, at the beginning of a particular month only if the individual files an application, in respect of that eligible dependent child, with the Board no later than 11 months after the end of the particular month.

The Board may, at any time, extend the time for filing the application referred to in the first paragraph.

An individual is deemed to have filed an application, in respect of an eligible dependent child, with the Board within the time prescribed in the first paragraph if the registrar of civil status provides the Board with the information required to establish the individual’s eligibility.

There is an exemption from filing a new application, in respect of an eligible dependent child, where, no later than 12 months after the cessation of the entitlement to receive an amount in respect of a child assistance payment by reason of non-compliance with the conditions relating to the contribution referred to in paragraph b of the definition of “eligible dependent child” in section 1029.8.61.8 in respect of the child who is lodged or sheltered pursuant to the law, the Board is informed that the child is no longer lodged or sheltered or that those conditions are satisfied.

2005, c. 1, s. 257; 2005, c. 38, s. 283; 2006, c. 13, s. 244.

1029.8.61.25. An individual who receives an amount in respect of a child assistance payment and who ceases to be an eligible individual, in respect of an eligible dependent child, in a particular month, otherwise than because the child reaches 18 years of age, shall notify the Board thereof before the end of the first month that follows the particular month.

2005, c. 1, s. 257; 2006, c. 13, s. 186.

1029.8.61.26. An eligible individual, in respect of an eligible dependent child, at the beginning of a particular month shall notify the Board of any change in circumstances that may affect the individual’s entitlement to receive an amount in respect of a child assistance payment.

The individual shall notify the Board before the end of the month that follows the month in which the change in circumstances occurs.

The Board may, where information is communicated by the Minister or the registrar of civil status with respect to an individual who receives an amount in respect of a child assistance payment or by the Minister of National Revenue with respect to an individual who receives a child tax benefit under the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), consider that a change in circumstances has been communicated to it.

2005, c. 1, s. 257; 2005, c. 38, s. 284; 2006, c. 13, s. 245.

1029.8.61.26.1. If a change in circumstances has the effect of increasing an amount in respect of a child assistance payment that an individual is entitled to receive, the amount is revised from the beginning of the particular month that follows the month in which the change in circumstances occurs, provided that the Board is notified of the change at or before the end of the eleventh month following the particular month or, if the Board is notified of the change after that time, from the beginning of the eleventh month that precedes the month in which the Board is notified of the change.

2006, c. 13, s. 187.

1029.8.61.27. The Board shall notify the eligible individual who is entitled to receive an amount in respect of a child assistance payment of the amount set for each 12-month period that begins on 1 July of each calendar year in respect of a child assistance payment.

The amount fixed under the first paragraph shall be revised during the year when a change in circumstances has the effect of changing the amount and a new notice shall be sent by the Board to the eligible individual.

2005, c. 1, s. 257; 2006, c. 13, s. 188.

§ 3 . — Payment and recovery by the Board

2005, c. 1, s. 257.

1029.8.61.28. The Board shall pay to an eligible individual who is entitled to receive an amount in respect of a child assistance payment, in respect of an eligible dependent child, in the first 15 days of January, April, July and October of a taxation year, the amounts determined, in respect of the eligible individual, in respect of a child assistance payment for each month in that year, according to the following terms and conditions:

(a)  the payment made in January shall include the amounts determined in respect of a child assistance payment for January, February and March of that year;

(b)  the payment made in April shall include the amounts determined in respect of a child assistance payment for April, May and June of that year;

(c)  the payment made in July shall include the amounts determined in respect of a child assistance payment for July, August and September of that year; and

(d)  the payment made in October shall include the amounts determined in respect of a child assistance payment for October, November and December of that year.

Despite the first paragraph, the Board may, on application, pay an amount as or on account of a child assistance payment in the first 15 days of each month in a taxation year and such a payment shall include only the amount determined in respect of a child assistance payment for the month of that payment.

2005, c. 1, s. 257; 2006, c. 13, s. 189.

1029.8.61.29. At the request of the Minister of Employment and Social Solidarity, the Board shall deduct from the amount to be paid as or on account of a child assistance payment the amount repayable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1) and shall remit the amount so deducted to the Minister of Employment and Social Solidarity.

2005, c. 1, s. 257; 2006, c. 25, s. 13; 2007, c. 12, s. 201.

1029.8.61.30. Sections 1051 and 1052 and sections 28 and 30.1 of the Act respecting the Ministère du Revenu (chapter M-31) do not apply in respect of an amount paid as or on account of a child assistance payment under section 1029.8.61.28.

Despite section 31 of the Act respecting the Ministère du Revenu, where a person is a debtor under a fiscal law or about to become so, or is in debt to the State under an Act other than a fiscal law and referred to in a regulation made under the second paragraph of that section, the Minister may not allocate to the payment of the debt of that person any amount to be paid to the person by the Board under section 1029.8.61.28.

2005, c. 1, s. 257.

1029.8.61.31. The claim of an individual in respect of the payment of an amount in respect of a child assistance payment is prescribed by three years.

However, the prescription does not run where the payment made by the Board results from a new computation of the income taken into account in determining an amount in respect of a child assistance payment.

2005, c. 1, s. 257.

1029.8.61.32. An individual who receives an amount in respect of a child assistance payment without entitlement must notify the Board with dispatch.

2005, c. 1, s. 257.

1029.8.61.33. An individual who receives an amount in respect of a child assistance payment without entitlement must repay such an amount to the Board, except if the amount was paid as a result of an administrative error that the individual could not reasonably have noticed.

2005, c. 1, s. 257.

1029.8.61.34. An amount owing to the Board by an individual must be repaid to the Board in full from the date of the formal notice that the Board sends to the individual.

The formal notice shall state the grounds for the demand for repayment, the amount to be repaid, the right to apply for a review of the decision within the time limit provided for in section 1029.8.61.39 and, subject to the conditions set out in section 1029.8.61.41, the right to contest the review decision before the Administrative Tribunal of Québec.

The claim of the Board is prescribed by three years from the date on which the amount was paid without entitlement or, in the case of bad faith on the part of the individual who received the amount without entitlement, from the date on which the Board became aware of the fact that that amount had been paid without entitlement.

2005, c. 1, s. 257; 2005, c. 17, s. 36.

1029.8.61.35. If, for a particular month, the Board has paid to an individual, as or on account of a child assistance payment, an amount to which the individual was not entitled and that individual is the cohabiting spouse of an eligible individual, in respect of the eligible dependent child in respect of whom the amount has been paid, who was entitled to receive that amount, the eligible individual and the eligible individual’s cohabiting spouse are solidarily liable in respect of the payment to the Board of that amount, to the extent that it may reasonably be considered that that amount relates to the application of section 1029.8.61.18 and that the individual was the eligible individual’s cohabiting spouse at the time the payment was made.

2005, c. 1, s. 257; 2006, c. 13, s. 190.

1029.8.61.36. The Board may allocate any amount to be paid to an individual as or on account of a child assistance payment for a particular month to the payment of any amount of which the individual is a debtor as a consequence of the application of the following provisions, and give the individual notice thereof:

(a)  the provisions of this division;

(b)  the provisions of the Act respecting family benefits (chapter P-19.1), as they applied in respect of the debtor; and

(c)  the provisions of the Act respecting family assistance allowances (chapter A-17), as they applied in respect of the debtor.

Where applicable, the allocation shall be made taking into account the fact that an individual receives a benefit under a last resort financial assistance program provided for in the Individual and Family Assistance Act (chapter A-13.1.1).

2005, c. 1, s. 257; 2007, c. 12, s. 202.

1029.8.61.37. Section 1037 and sections 12.1, 13, 15, 15.2, 28, 31.1.1 and 32 of the Act respecting the Ministère du Revenu (chapter M-31) do not apply in respect of an amount owed by an individual under section 1029.8.61.34.

In addition, the Minister may not institute proceedings before a court or register a legal hypothec in respect of that amount.

2005, c. 1, s. 257.

1029.8.61.38. The Board shall notify the Minister where an amount owed by an individual under section 1029.8.61.34 has, after the expiration of the period in which that amount could be or was the subject of a review or of a contestation before the Administrative Tribunal of Québec, become uncollectible by the Board.

2005, c. 1, s. 257.

§ 4 . — Review and contestation proceedings

2005, c. 1, s. 257.

1029.8.61.39. The Board may, on application, review any decision it has made.

An application for review must be made within 90 days of notification of the decision, unless the Board grants an extension.

The application must set out briefly the grounds for review.

2005, c. 1, s. 257.

1029.8.61.40. The Board shall make a decision with dispatch and inform the individual concerned of the individual’s right to contest the decision in the manner set out in section 1029.8.61.41.

Any unfavourable decision of the Board must include reasons.

2005, c. 1, s. 257.

1029.8.61.41. Any review decision may be contested before the Administrative Tribunal of Québec within 60 days of notification.

Moreover, an individual may contest before the Tribunal the decision whose review the individual applied for if the Board does not make a decision within 90 days after the receipt of the application, subject to the following:

(a)  if the individual who applied for the review requested more time to present observations or produce documents, the 90-day time limit runs from the time observations are presented or documents are produced; and

(b)  if the Board considers it necessary, to allow it to make a decision, that an examination be conducted by a health professional or that documents be produced, the time limit is extended for 90 days; the individual who applied for the review must be notified of the extension.

2005, c. 1, s. 257; 2005, c. 17, s. 37.

1029.8.61.42. Any contestation in respect of the accuracy of information communicated to the Board by the Minister that relates to the computation of income, for the purpose of establishing the entitlement of an individual to the payment of an amount in respect of a child assistance payment, must be brought under the Act respecting the Ministère du Revenu (chapter M-31).

2005, c. 1, s. 257.

§ 5 . — Recovery by the Minister

2005, c. 1, s. 257.

1029.8.61.43. Where the Board notifies the Minister in accordance with section 1029.8.61.38, the Minister shall send the individual a notice stating that the amount owing to the Board by the individual is payable without delay to the Minister upon the sending of the notice.

2005, c. 1, s. 257.

1029.8.61.44. Section 1029.8.61.37 does not apply in respect of an amount payable to the Minister under section 1029.8.61.43.

2005, c. 1, s. 257.

1029.8.61.45. Where, for a taxation year, the Board has paid an amount as or on account of a child assistance payment to an individual or has allocated an amount to another of the individual’s liabilities, and that amount is greater than the amount that should have been paid or allocated, the individual and the person who, at the end of the year, is the individual’s cohabiting spouse are solidarily liable in respect of the payment to the Minister of that excess amount, to the extent that it may reasonably be considered that the excess amount relates to the application of section 1029.8.61.18 and that the person was the individual’s cohabiting spouse at the time the payment was made.

However, nothing in this section limits the liability of the individual or of the individual’s cohabiting spouse for the year, where applicable, under any other provision of this Act.

2005, c. 1, s. 257.

1029.8.61.46. The Minister may at any time assess the cohabiting spouse of an individual in respect of an amount payable under section 1029.8.61.45, and this Book applies, with the necessary modifications, to that assessment as if it had been made under Title II.

2005, c. 1, s. 257; 2010, c. 25, s. 180.

1029.8.61.47. Where an individual and the individual’s cohabiting spouse are, under section 1029.8.61.45, solidarily liable in respect of all or part of a liability of the individual, a payment by the individual affects the solidary liability of the cohabiting spouse only to the extent that the payment operates to reduce the individual’s liability to an amount less than the amount in respect of which the cohabiting spouse is solidarily liable under section 1029.8.61.45.

2005, c. 1, s. 257.

§ 6 . — Penal provision

2005, c. 1, s. 257.

1029.8.61.48. The following persons are liable to a fine of $250 to $1,500:

(a)  every person who, in order to obtain the payment of an amount in respect of a child assistance payment, fails to provide information or provides information knowing it to be false or misleading, or misrepresents a material fact; and

(b)  every person who assists or encourages another person to obtain or receive an amount in respect of a child assistance payment, knowing that the person is not entitled thereto.

Sections 72 to 78.2 of the Act respecting the Ministère du Revenu (chapter M-31) do not apply in respect of the offence provided for in the first paragraph.

2005, c. 1, s. 257.

§ 7 . — Administrative provisions

2005, c. 1, s. 257.

1029.8.61.49. The Board shall administer the payment of an amount in respect of a child assistance payment.

2005, c. 1, s. 257.

1029.8.61.50. For the purpose of administering the payment of an amount in respect of a child assistance payment, the Board acts under the responsibility of the Minister of Families, Seniors and the Status of Women.

For the purposes of such administration, the Board shall exercise the powers conferred on it by this division and the powers under the Act respecting the Québec Pension Plan (chapter R-9) as necessary, in particular the power of inquiry provided for under section 30 of that Act.

2005, c. 1, s. 257; 2006, c. 25, s. 14.

1029.8.61.51. The Board may require an individual receiving an amount in respect of a child assistance payment to provide it with documents or information so that it may ascertain whether the individual is entitled to receive that amount.

The Board may suspend the payment of an amount in respect of a child assistance payment until it has been provided with the required documents or information if the individual receiving the amount fails to provide the required documents or information before the expiry of 45 days after the date of the request.

The Board may also suspend the payment of an amount in respect of a child assistance payment for the duration of an inquiry on the individual’s eligibility. The Board shall conduct the inquiry diligently.

The Board shall give written notice of the suspension of payment, setting out the reasons for the suspension.

2005, c. 1, s. 257; 2006, c. 13, s. 191; 2010, c. 25, s. 181.

1029.8.61.52. The Board may decide not to require the payment of an amount of less than $2 and is not bound to pay such an amount.

2005, c. 1, s. 257.

1029.8.61.53. The Board may enter into an agreement with any person, association, corporation or body, and with the Government, or a department or body of the Government.

It may also enter into an agreement with a government in Canada, or a department or agency of such a government.

2005, c. 1, s. 257.

1029.8.61.54. The Board may, as a body responsible for the payment of an amount in respect of a child assistance payment, borrow sums from the Minister of Finance out of the financing fund established under the Act respecting the Ministère des Finances (chapter M-24.01).

The Minister of Finance may advance sums from the Consolidated Revenue Fund to the Board, with the authorization of the Government and on the conditions it fixes.

2005, c. 1, s. 257.

1029.8.61.55. The Board must, on or before the last day of February of a year, send to the Minister a return containing the prescribed information in respect of any amount paid to an eligible individual for the preceding year as or on account of a child assistance payment.

The Board shall inform the Minister of any changes in such information.

2005, c. 1, s. 257.

1029.8.61.56. The Minister may remit all or part of a debt if the Minister considers that, in the circumstances, recovery of the debt would be inappropriate.

2005, c. 1, s. 257.

1029.8.61.57. The sums necessary for the payment of the amounts determined in respect of a child assistance payment under this division shall be taken out of the tax revenues collected under this Act.

2005, c. 1, s. 257.

1029.8.61.58. The Board must, on or before 30 June of each year, report on its administration of this division to the Minister of Families, Seniors and the Status of Women. The report of the Board must be tabled by the Minister of Families, Seniors and the Status of Women within 15 days before the National Assembly, or, if the Assembly is not sitting, within 15 days of resumption.

The report must contain all the information required by the Minister of Families, Seniors and the Status of Women.

2005, c. 1, s. 257; 2006, c. 25, s. 14.

1029.8.61.59. An advisory committee is formed of representatives from the Ministère de la Famille, des Aînés et de la Condition féminine, the Régie des rentes du Québec and the Ministère du Revenu to oversee the administration of the payment of amounts in respect of a child assistance payment.

The advisory committee is composed of six members, of whom three are appointed by the Minister of Families, Seniors and the Status of Women and three by the Minister of Revenue.

Among the members appointed by the Minister of Families, Seniors and the Status of Women, two must be members of the personnel of the Board.

2005, c. 1, s. 257; 2006, c. 25, s. 14.

The functions and responsibilities of the Minister of Families, Seniors and the Status of Women provided for in this Act are assigned to the Minister of Families. Order in Council 685-2010 dated 18 August 2010, (2010) 142 G.O. 2 (French), 3753.

1029.8.61.60. The administration of the payment of an amount in respect of a child assistance payment by the Board under this division is done on behalf of the Minister of Revenue.

2005, c. 1, s. 257.

DIVISION II.11.3 CREDIT FOR INFORMAL CAREGIVERS OF PERSONS OF FULL AGE

2005, c. 38, s. 285.

§ 1 . — Interpretation

2005, c. 38, s. 285.

1029.8.61.61. In this division,

“eligible relative” of an individual means a person who, during the minimum housing period for a taxation year in relation to the individual, is resident in Canada and

(a)  is the child, grandchild, nephew, niece, brother, sister, father, mother, uncle, aunt, grandfather, grandmother, great-uncle or great-aunt of the individual or of the individual’s spouse or any other direct ascendant of the individual or of the individual’s spouse; and

(b)  has a severe and prolonged impairment in mental or physical functions the effects of which are such that the person’s ability to perform a basic activity of daily living is markedly restricted or that the person’s ability to perform more than one basic activity of daily living is significantly restricted if the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living, unless the person has reached 70 years of age or over or would have reached that age had the person not died before the end of the year, and is the father, mother, uncle, aunt, grandfather, grandmother, great-uncle or great-aunt of the individual or of the individual’s spouse or any other direct ascendant of the individual or of the individual’s spouse;

“minimum housing period” of a person for a taxation year in relation to an individual is a housing period of the person of at least

(a)  365 consecutive days commencing in the year or in the preceding year, if

i.  the person reached, before the end of the year, 70 years of age or would have reached that age before that time had the person not died in the year, and

ii.  the period includes at least 183 days in the year; or

(b)  90 consecutive days included in the year, if

i.  the person is, during the period, 18 years of age or over,

ii.  the period is included in a housing period of the person (in this section referred to as the “particular housing period”), of at least 365 consecutive days commencing in the year or in the preceding year,

iii.  the particular housing period includes at least 183 days in the year,

iv.  throughout the particular housing period, the person ordinarily lives with the individual or another individual in a self-contained domestic establishment and has a severe and prolonged impairment in mental or physical functions the effects of which are such that the person’s ability to perform a basic activity of daily living is markedly restricted or that the person’s ability to perform more than one basic activity of daily living is significantly restricted if the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living, and

v.  throughout the period during which the person ordinarily lives in the self-contained domestic establishment with the individual or the other individual,

(1)  the self-contained domestic establishment is maintained by the individual or the other individual,

(2)  the individual or the individual’s spouse or the other individual or the other individual’s spouse, as the case may be, is the owner, lessee or sublessee of the self-contained domestic establishment, and

(3)  the person is an eligible relative of the individual or of the other individual.

2005, c. 38, s. 285; 2006, c. 36, s. 199; 2009, c. 5, s. 457.

1029.8.61.62. For the purposes of the definition of “eligible relative” in section 1029.8.61.61, a person who, immediately before death, was the spouse of an individual is deemed to be a spouse of the individual.

2005, c. 38, s. 285.

1029.8.61.63. The first and second paragraphs of section 752.0.17 apply for the purpose of determining whether a person has a severe and prolonged impairment in mental or physical functions the effects of which are such that the person’s ability to perform a basic activity of daily living is markedly restricted or that the person’s ability to perform more than one basic activity of daily living is significantly restricted if the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living.

If an individual is deemed to have paid to the Minister an amount under section 1029.8.61.64 for a taxation year in respect of a particular person referred to in paragraph b of section 1029.8.61.69, any person referred to in section 1029.8.61.64 or in that paragraph b shall, on request in writing by the Minister for information with respect to the particular person’s impairment and its effect on the particular person or with respect to the therapy that is, where applicable, required to be administered to the particular person, provide the information so requested in writing.

2005, c. 38, s. 285; 2006, c. 36, s. 200.

§ 2 . — Credit

2005, c. 38, s. 285.

1029.8.61.64. An individual who is resident in Québec at the end of 31 December of a taxation year and who, during the year, is not dependent upon another individual, is deemed to have paid to the Minister, on the individual’s balance-due day for that taxation year, on account of the individual’s tax payable under this Part for that taxation year, an amount equal to the aggregate of all amounts each of which is, subject to sections 1029.8.61.66 and 1029.8.61.67, an amount determined, in respect of each person who, throughout the minimum housing period of that person for the year in relation to the individual, is an eligible relative of the individual and who, throughout that period, ordinarily lives with the individual in a self-contained domestic establishment which, throughout that period, is maintained by the individual, alone or jointly with another person, and of which the individual or the individual’s spouse is, throughout that period, the owner, lessee or sublessee, by the formula

A + B.

In the formula in the first paragraph,

(a)  A is an amount of $550; and

(b)  B is an amount equal to the amount by which $450 exceeds 16% of the income of the eligible relative for the year that exceeds $20,000.

For the purposes of this section, an individual who was resident in Québec immediately before death is deemed to be resident in Québec at the end of 31 December of the year of the individual’s death.

2005, c. 38, s. 285.

1029.8.61.65. For the purposes of section 1029.8.61.64, a person is dependent upon an individual during a taxation year if the individual is not the person’s spouse and has deducted, for the year, in respect of the person, an amount under any of sections 752.0.1 to 752.0.7, 752.0.11 to 752.0.18.0.1 and 776.41.14.

2005, c. 38, s. 285; 2009, c. 5, s. 458.

1029.8.61.66. The amount determined by the formula in the first paragraph of section 1029.8.61.64, in respect of each person who is an eligible relative of an individual and has reached 18 years of age in a taxation year, and taken into account for the purpose of computing the amount that the individual is deemed to have paid to the Minister under section 1029.8.61.64 for the year on account of the individual’s tax payable under this Part is to be replaced by an amount equal to the proportion of that amount that the number of months in the year that follow the month in which that person reaches 18 years of age is of 12.

2005, c. 38, s. 285.

1029.8.61.67. The amount determined by the formula in the first paragraph of section 1029.8.61.64, in respect of a person who is an eligible relative of an individual, and taken into account for the purpose of computing the amount that the individual is deemed to have paid to the Minister under section 1029.8.61.64 for a taxation year on account of the individual’s tax payable under this Part is to be reduced by an amount that is the portion of a last resort financial assistance benefit received in that year by the individual or, as the case may be, by the individual’s spouse for the year, in respect of that person, under Chapter I or II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1), that is attributable to the amount of the increase for a dependent child of full age who is handicapped and attends an educational institution at the secondary level in general education provided for in the second paragraph of section 75 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1).

2005, c. 38, s. 285; 2007, c. 12, s. 203.

1029.8.61.68. No individual may be deemed to have paid to the Minister an amount under section 1029.8.61.64 for a taxation year in respect of a person who is an eligible relative of the individual if the individual, or the person who is the individual’s spouse during the minimum housing period of the person for the year in relation to the individual, is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2005, c. 38, s. 285; 2007, c. 12, s. 204.

1029.8.61.69. No individual may be deemed to have paid to the Minister an amount under section 1029.8.61.64 for a taxation year in respect of a person unless the individual files with the Minister, together with the fiscal return the individual is required to file under section 1000 for the year, or would be required to file if tax were payable by the individual for the year under this Part, the following documents:

(a)  the prescribed form on which

i.  the individual certifies that, throughout the minimum housing period of the person for the year in relation to the individual, the individual ordinarily lived with that person in the self-contained domestic establishment referred to in subparagraph ii, and

ii.  the individual or the individual’s spouse certifies that, throughout the period referred to in subparagraph i, the individual or the individual’s spouse maintained a self-contained domestic establishment, alone or jointly with another person, and of which the individual or the individual’s spouse, throughout that period, was the owner, lessee or sublessee; and

(b)  if the person has a severe and prolonged impairment in mental or physical functions the effects of which are such that

i.  the person’s ability to perform a basic activity of daily living is markedly restricted and the minimum housing period of the person for the year in relation to the individual is the period described in paragraph b of the definition of “minimum housing period” in section 1029.8.61.61, the prescribed form on which a physician, within the meaning of section 752.0.18, or, where the person has a sight impairment, a physician or an optometrist, within the meaning of that section, or, where the person has a speech impairment, a physician or a speech-language pathologist, within the meaning of that section, or, where the person has a hearing impairment, a physician or an audiologist, within the meaning of that section, or, where the person has an impairment with respect to the person’s ability in feeding or dressing himself or herself, a physician or an occupational therapist, within the meaning of that section, or, where the person has an impairment with respect to the person’s ability in walking, a physician, an occupational therapist or a physiotherapist, within the meaning of that section, or, where the person has an impairment with respect to the person’s ability in mental functions necessary for everyday life, a physician or a psychologist, within the meaning of that section, certifies that the person has such an impairment, or

ii.  the person’s ability to perform more than one basic activity of daily living is significantly restricted if the cumulative effect of those restrictions is equivalent to having a marked restriction in the ability to perform a basic activity of daily living and the minimum housing period of the person for the year in relation to the individual is the period described in paragraph b of the definition of “minimum housing period” in section 1029.8.61.61, the prescribed form on which a physician, within the meaning of section 752.0.18, or, where the person has an impairment with respect to the person’s ability in walking or in feeding or dressing himself or herself, a physician or an occupational therapist, within the meaning of that section, certifies that the person has such an impairment.

2005, c. 38, s. 285; 2006, c. 36, s. 201.

1029.8.61.70. If, for a taxation year, more than one individual could, but for this section, be deemed to have paid to the Minister an amount under section 1029.8.61.64 for the year in respect of the same person, no amount greater than the amount provided for in that section, for the year, in respect of that person shall be deemed to have been paid to the Minister, for the year, under that section in respect of that person.

If those individuals cannot agree as to what portion of the amount each would, but for this section, be deemed to have paid to the Minister, the Minister may determine that portion of the amount for the year.

2005, c. 38, s. 285.

DIVISION II.11.4 CREDIT FOR PERSONS PROVIDING RESPITE TO INFORMAL CAREGIVERS

2009, c. 5, s. 459.

§ 1 . — Interpretation and general

2009, c. 5, s. 459.

1029.8.61.71. In this division,

“care recipient” means a person who has a significant long-term disability and for whom an intervention plan or an individualized service plan has been developed by a health and social services centre governed by the Act respecting health services and social services (chapter S-4.2) or an institution governed by the Act respecting health services and social services for Cree Native persons (chapter S-5) and in respect of whom

(a)  the conditions set out in subparagraphs a to b.1 of the first paragraph of section 752.0.14 are met, if the person is 18 years of age or over; or

(b)  another person receives an amount to which subparagraph b of the second paragraph of section 1029.8.61.18 refers;

“eligible individual” for a taxation year in relation to a care recipient means an individual (other than an excluded individual for the year, in relation to the care recipient) who, in the year, provides a total of at least 400 hours of volunteer respite services in Québec to an informal caregiver for the year in respect of the care recipient;

“excluded individual” for a taxation year in relation to a care recipient means

(a)  the care recipient’s spouse;

(b)  a person who, but for section 2, is the care recipient’s father or mother or who, but for section 1, is the care recipient’s child, brother or sister or, if applicable, such a person’s spouse; or

(c)  a person who is an eligible relative, within the meaning of section 1029.8.61.61, of the informal caregiver for the year, in relation to the care recipient, in respect of whom the informal caregiver is deemed to have paid to the Minister an amount on account of the informal caregiver’s tax payable under this Part for the year under section 1029.8.61.64;

“informal caregiver” for a taxation year in relation to a care recipient means a person who lives with the care recipient throughout the period, within the year, during which volunteer respite services are provided to the informal caregiver by an eligible individual in relation to the care recipient, and who is the care recipient’s spouse or a person in respect of whom the care recipient is a person referred to in paragraph a of the definition of “eligible relative” in section 1029.8.61.61;

“volunteer respite services” means unremunerated services provided by an individual in the home of a care recipient that consist in providing care to the care recipient, performing tasks that are normally carried out by the informal caregiver, in relation to the care recipient, freeing the informal caregiver from certain daily tasks so that the informal caregiver can be with the care recipient at all times, or providing any other similar service in order to provide respite to the informal caregiver.

For the purposes of the definition of “informal caregiver” in the first paragraph, if, for a taxation year, more than one person would be considered, but for this paragraph, to be an informal caregiver in relation to the same care recipient, the person who is the care recipient’s main support is deemed, for the year, to be the care recipient’s only informal caregiver.

For the purposes of the definition of “eligible individual” in the first paragraph, if, in a taxation year, an individual provides volunteer respite services in respect of more than one care recipient in the same place, the number of hours devoted to those services must be divided equally among the care recipients.

2009, c. 5, s. 459.

1029.8.61.72. If an individual is deemed to have paid to the Minister an amount under section 1029.8.61.73 for a taxation year in recognition of volunteer respite services that the individual provided to an informal caregiver in respect of a care recipient, the informal caregiver or care recipient shall, on request in writing by the Minister for information with respect to the care recipient’s impairment or developmental disability and its effects on the care recipient or with respect to any therapy that is required to be administered to the care recipient, provide the information so requested in writing.

2009, c. 5, s. 459.

§ 2 . — Credit

2009, c. 5, s. 459.

1029.8.61.73. An eligible individual for a taxation year who is resident in Québec at the end of 31 December of the year is deemed to have paid to the Minister, on the individual’s balance-due day for that year, on account of the individual’s tax payable under this Part for the year, an amount equal to the aggregate of all amounts each of which is an amount that is attributed to the individual or that is deemed to be attributed to the individual for the year in accordance with section 1029.8.61.74 in recognition of volunteer respite services that the individual provided during the year to an informal caregiver in respect of a care recipient.

An eligible individual may be deemed to have paid to the Minister an amount under the first paragraph for a taxation year in respect of volunteer respite services provided to an informal caregiver, in relation to a care recipient, only if the individual files with the Minister, together with the fiscal return the individual is required to file under section 1000 for the year, or would be required to so file if tax were payable under this Part by the individual for the year, the information return sent to the individual by the informal caregiver for the year in relation to the care recipient.

2009, c. 5, s. 459.

1029.8.61.74. An informal caregiver for a taxation year in relation to a care recipient may attribute an amount for the year, which may not exceed $500, to an eligible individual for the year, in relation to the care recipient, provided the aggregate of all amounts each of which is an amount so attributed by the informal caregiver for the year to an eligible individual in relation to the care recipient does not exceed $1,000.

Subject to the third paragraph, if the amount otherwise attributed by an informal caregiver to an eligible individual under the first paragraph exceeds $500, the amount attributed to the eligible individual is deemed to be equal to $500.

If the aggregate of all amounts each of which is an amount otherwise attributed under the first paragraph or deemed to be attributed under the second paragraph for a taxation year by an informal caregiver to an eligible individual in relation to a care recipient exceeds $1,000, the amount so attributed or deemed to be attributed by the informal caregiver to an eligible individual for the year in relation to the care recipient is deemed to be equal to the amount determined by the Minister for the year in respect of the eligible individual in relation to the care recipient.

2009, c. 5, s. 459.

1029.8.61.75. No individual may be deemed to have paid an amount to the Minister under section 1029.8.61.73 for a taxation year if the individual is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2009, c. 5, s. 459.

DIVISION II.11.5 CREDIT FOR RESPITE EXPENSES OF INFORMAL CAREGIVERS

2009, c. 15, s. 326.

§ 1 . — Interpretation and general

2009, c. 15, s. 326.

1029.8.61.76. In this division,

“eligible relative” of an individual means a person at least 18 years of age who, because of a significant disability, cannot be left without supervision and who

(a)  is the individual’s spouse or the child, grandchild, nephew, niece, brother, sister, father, mother, uncle, aunt, grandfather, grandmother, great-uncle or great-aunt of the individual or of the individual’s spouse or any other direct ascendant of the individual or of the individual’s spouse; and

(b)  is either

i.  a person in respect of whom the conditions set out in subparagraphs a to b.1 of the first paragraph of section 752.0.14 are met, or

ii.  a person who is receiving palliative care;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“family income” of an individual for a taxation year means the amount by which $50,000 is exceeded by the aggregate of the income of the individual for the year and the income, for the year, of the individual’s eligible spouse for the year;

“recognized diploma” means

(a)  a diploma of vocational studies in home care assistance;

(b)  a diploma of vocational studies in home care and family and social assistance;

(c)  a diploma of vocational studies in assistance in health care establishments;

(d)  a diploma of vocational studies in assistance to patients or residents in health care establishments;

(e)  a diploma of vocational studies in health, assistance and nursing;

(f)  a diploma of college studies in nursing;

(g)  a bachelor’s degree in nursing; or

(h)  any other diploma that enables an individual to act as

i.  a visiting homemaker,

ii.  a home support worker,

iii.  a family and social auxiliary,

iv.  a nursing attendant,

v.  a health care aide,

vi.  a beneficiary care attendant,

vii.  a nursing assistant, or

viii.  a nurse;

“specialized respite services” means the services by which a person who holds a recognized diploma provides, in place of an individual, home care to an eligible relative of the individual.

For the purposes of the definition of “specialized respite services” in the first paragraph, a person is deemed to have been awarded a recognized diploma if

(a)  the care given to the individual’s eligible relative by the person is in addition to care the person is required to give the eligible relative, in accordance with the direct allowance program administered by the Minister of Health and Social Services, within the framework of the person’s participation in implementing an intervention plan or an individualized service plan developed, in respect of the eligible relative, by an institution referred to in Title I of Part II of the Act respecting health services and social services (chapter S-4.2) or by an institution within the meaning of section 1 of the Act respecting health services and social services for Cree Native persons (chapter S-5); or

(b)  the person holds employment with an entity that may be called upon to provide specialized respite services to an individual under an intervention plan or an individualized service plan established by an institution referred to in subparagraph a.

2009, c. 15, s. 326.

1029.8.61.77. For the purposes of the definition of “eligible relative” in the first paragraph of section 1029.8.61.76, a person who, immediately before death, was the spouse of an individual is deemed to be a spouse of the individual.

2009, c. 15, s. 326.

1029.8.61.78. For the purpose of determining whether an individual is deemed to have paid an amount to the Minister under section 1029.8.61.80 for a taxation year in respect of an eligible relative, the eligible relative shall, on request in writing by the Minister for information with respect to the eligible relative’s impairment or the palliative care the eligible relative is receiving and its effects on the eligible relative or with respect to any therapy that is required to be administered to the eligible relative, provide the information so requested in writing.

2009, c. 15, s. 326.

1029.8.61.79. For the purposes of the definition of “family income” in the first paragraph of section 1029.8.61.76, the income for a taxation year of an individual who was not resident in Canada throughout the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, if the individual died in the year, throughout the period of the year preceding the time of death.

2009, c. 15, s. 326.

§ 2 . — Credit

2009, c. 15, s. 326.

1029.8.61.80. An individual who is resident in Québec at the end of 31 December of a taxation year is deemed to have paid to the Minister, on the individual’s balance-due day for that year, on account of the individual’s tax payable under this Part for the year, an amount equal to the amount by which 30% of the lesser of the following amounts exceeds 3% of the individual’s family income for the year:

(a)  the aggregate of all amounts each of which is an amount paid by the individual in respect of expenses incurred in the year for specialized respite services provided to a person who, when those expenses are incurred, is an eligible relative of the individual and ordinarily lives with the individual; and

(b)  $5,200.

No individual may be deemed to have paid an amount to the Minister under the first paragraph for a taxation year in respect of a particular amount paid in respect of expenses incurred in the year for specialized respite services, unless proof of payment of the particular amount is provided by filing with the Minister, together with the fiscal return the individual is required to file under section 1000 for the year, or would be required to so file if tax were payable by the individual for the year under this Part, one or more receipts issued by the payee and containing, if the payee is an individual, the individual’s Social Insurance Number.

For the purposes of this section, an individual who was resident in Québec immediately before death is deemed to be resident in Québec at the end of 31 December of the year of the individual’s death.

2009, c. 15, s. 326.

1029.8.61.81. For the purposes of section 1029.8.61.80, the expenses incurred by an individual for specialized respite services do not include

(a)  an amount in respect of which a taxpayer is or was entitled to a reimbursement, or another form of assistance, except to the extent that the amount is included in computing the income of any taxpayer and is not deductible in computing that taxpayer’s income or taxable income;

(b)  an amount that was taken into account in computing an amount deducted under section 752.0.11 in computing an individual’s tax payable under this Part; and

(c)  an amount that was taken into account in computing an amount that an individual is deemed to have paid to the Minister under section 1029.8.61.5 or 1029.8.79.

2009, c. 15, s. 326.

1029.8.61.82. For the purpose of applying this division to a taxation year for which two or more individuals could, but for this section, be deemed under section 1029.8.61.80 to have paid an amount to the Minister in respect of expenses incurred in the year for specialized respite services provided to the same person, that person is deemed, for any time at which an amount has been incurred in respect of those expenses, to be the eligible relative solely of the individual from among those individuals who is the eligible relative’s main support for the year.

2009, c. 15, s. 326.

DIVISION II.12 CREDIT FOR ADOPTION EXPENSES

1993, c. 19, s. 131.

§ 1 . — Interpretation

1993, c. 19, s. 131.

1029.8.62. In this division,

“certified organization” means an organization certified by the Minister of Health and Social Services whose certification is in effect;

“eligible expenses” in respect of the adoption of a person by an individual means the following expenses, to the extent that they are reasonable and paid after the opening, by the Minister of Health and Social Services or a certified agency, of the file relating to the adoption of that person by the individual:

(a)  judicial, extrajudicial or administrative expenses incurred to obtain a qualifying certificate or a qualifying judgment, as the case may be, in respect of the adoption of the person by an individual,

(b)  expenses relating to the psychosocial assessment referred to in the third paragraph of section 71.7 of the Youth Protection Act (chapter P-34.1), made in view of the adoption of the person by the individual,

(c)  expenses relating to the translation of documents pertaining to the adoption of the person by the individual,

(d)  the travel expenses in respect of the adoption of the person, in this paragraph referred to as the “adopted child”, by the individual of

i.  the adopted child, if the travelling enables the child to be integrated into the self-contained domestic establishment of the individual or the individual’s spouse, and

ii.  the person escorting the adopted child at the time of the travelling referred to in subparagraph i, if neither the individual nor the individual’s spouse accompanies the child while that child is being so escorted,

(e)  the travel and living expenses, in respect of the adoption of the person by the individual, of the individual and, where applicable, the individual’s spouse, to the extent that the travelling is necessary,

(f)  the fees charged by a certified organization that takes steps on behalf of the individual with a view to the adoption of the person by the individual,

(g)  the fees charged by a foreign institution that provides for the needs of the person during a period preceding the time at which the person ordinarily lives with the individual, and

(h)  the expenses that result from a requirement imposed by a government authority in respect of the adoption of the person by the individual;

“qualifying certificate” in respect of the adoption of a person by an individual means

(a)  a certificate of compliance with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption issued by the competent authority of the State in which the adoption of the person by the individual took place, unless the Minister of Health and Social Services has referred it to the Court of Québec under the second paragraph of section 9 of the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3); or

(b)  if the proposed adoption of a child domiciled in the People’s Republic of China is approved by the Court of Québec before 1 February 2006, a certificate of the registration, by the clerk of the Court of Québec, of the adoption of the person by the individual, given to that individual in accordance with section 3 of the Act respecting adoptions of children domiciled in the People’s Republic of China (chapter A-7.01);

“qualifying judgment” in respect of the adoption of a person by an individual means

(a)  a judgment rendered by a court having jurisdiction in Québec in recognition of a decision rendered outside Québec authorizing the adoption of the person by the individual; or

(b)  a judgment authorizing the adoption of the person by the individual rendered by a court having jurisdiction in Québec, other than a judgment referred to in the second paragraph of section 1 of the Act respecting adoptions of children domiciled in the People’s Republic of China.

For the purposes of this division, the following expenses shall not be regarded, for a taxation year, as eligible expenses in respect of the adoption of a person by an individual:

(a)  expenses in respect of which an amount

i.  was deducted in computing the income or taxable income of or tax payable by the individual or the individual’s spouse for the year or a preceding taxation year under this Part, or

ii.  is deemed to have been paid to the Minister by the individual or the individual’s spouse on account of the tax payable by the individual or the individual’s spouse for the year or a preceding taxation year under this Part, except an amount that is deemed under this division to have been paid to the Minister on account of the tax payable by the individual or the individual’s spouse for the year under this Part;

(b)  (subparagraph repealed);

(c)  expenses for which the individual or the individual’s spouse or, as the case may be, the legal representative of either the individual or the individual’s spouse, has received or is entitled to receive a refund, except to the extent that the amount of the expenses is required to be included in computing the income of the individual or the individual’s spouse under this Part and is not deductible in computing the income or the taxable income of the individual or the individual’s spouse.

1995, c. 1, s. 162; 1995, c. 63, s. 205; 1997, c. 85, s. 264; 2003, c. 2, s. 277; 2004, c. 21, s. 440; 2006, c. 36, s. 202.

§ 2 . — Credit

1995, c. 1, s. 162.

1029.8.63. An individual who is resident in Québec on 31 December of a year in which the individual is given or issued, as the case may be, a qualifying certificate or in which a qualifying judgment is rendered in the individual’s favour, as the case may be, in respect of the adoption of a person by the individual, is deemed to have paid to the Minister, on the individual’s balance-due day for the individual’s taxation year the end of which coincides with that date, on account of the individual’s tax payable pursuant to this Part for that taxation year, an amount, for the year, in respect of the adoption of the person by the individual, equal to the lesser of $10,000 and 50% of all of the eligible expenses paid by the individual and the individual’s spouse in respect of the adoption.

For the purposes of this section, an individual who is resident in Québec immediately before his death is deemed to be resident in Québec on 31 December of the year of his death.

1995, c. 1, s. 162; 1995, c. 63, s. 206; 1997, c. 31, s. 143; 2000, c. 39, s. 191; 2001, c. 51, s. 193; 2002, c. 9, s. 118; 2006, c. 36, s. 203; 2009, c. 15, s. 327.

1029.8.64. An individual shall not be deemed to have paid to the Minister an amount under section 1029.8.63 for a taxation year in respect of the adoption of a person by the individual unless the individual files with the Minister, together with the fiscal return he is required to file under section 1000 for the year, or that he would be required to so file if tax were payable by the individual for the year under this Part, a copy of the qualifying certificate or qualifying judgment or, where the qualifying judgment has not been communicated to the individual, a writing from the Ministère de la Justice confirming the qualifying judgment, as the case may be, in respect of the adoption of the person by the individual.

1995, c. 1, s. 162; 1995, c. 63, s. 206.

1029.8.65. An individual shall not be deemed to have paid to the Minister an amount under section 1029.8.63 for a taxation year in respect of the adoption of a person by the individual if the individual or his spouse is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

1995, c. 1, s. 162; 1995, c. 63, s. 206; 2007, c. 12, s. 205.

1029.8.66. Where, for a taxation year, more than one individual could, but for this section, be deemed to have paid to the Minister an amount under section 1029.8.63 for the year in respect of the adoption of the same person by those individuals, no amount greater than the amount provided for in that section, for the year, in respect of the adoption of the person by those individuals, shall be deemed to have been paid to the Minister, for the year, under that section in respect of that adoption.

Where those individuals cannot agree as to what portion of the amount each would, but for this section, be deemed to have paid to the Minister, the Minister may determine that portion of the amount for the year.

1995, c. 1, s. 162; 1995, c. 63, s. 206.

DIVISION II.12.1 CREDIT FOR THE TREATMENT OF INFERTILITY

2001, c. 51, s. 194.

1029.8.66.1. In this division, “eligible expenses” of an individual means the expenses related to artificial insemination or in vitro fertilization treatments undergone by the individual or the individual’s spouse to enable the individual and the individual’s spouse to become parents, and that

(a)  but for paragraph a of section 752.0.11.1.3, would be medical expenses referred to in section 752.0.11.1, and are proven by a receipt; or

(b)  but for subparagraph a of the second paragraph of section 752.0.13.1, would be travel and lodging expenses referred to in the first paragraph of that section, and for which a physician produces a certificate, within the meaning of section 752.0.18, certifying that care equivalent or virtually equivalent to that obtained is not available in Québec within 250 kilometres of the locality where the person undergoing the treatments lives and, where such is the case, that that person is unable to travel unassisted.

For the purposes of this division, the following expenses shall not be considered, for a taxation year, to be eligible expenses of an individual:

(a)  expenses in respect of which an amount

i.  was deducted in computing the income or taxable income of or tax otherwise payable by the individual or the individual’s spouse for the year or a preceding taxation year under this Part, or

ii.  is deemed to have been paid to the Minister by the individual or the individual’s spouse on account of the tax payable by the individual or the individual’s spouse for the year or a preceding taxation year under this Part, except an amount that is deemed under this division to have been paid to the Minister on account of the tax payable by the individual or the individual’s spouse for the year under this Part; and

(b)  expenses in respect of which an individual or the individual’s spouse or, as the case may be, the legal representative of either the individual or the individual’s spouse, has received or is entitled to receive a refund, except to the extent that the amount of the expenses is required to be included in computing the income of the individual or the individual’s spouse under this Part and is not deductible in computing the income or taxable income of the individual or the individual’s spouse.

2001, c. 51, s. 194; 2004, c. 21, s. 441; 2005, c. 38, s. 286; 2010, c. 25, s. 182.

1029.8.66.2. An individual who is resident in Québec at the end of 31 December of a year is deemed to have paid to the Minister, on the individual’s balance-due day for the individual’s taxation year the end of which coincides with that date, on account of the individual’s tax payable pursuant to this Part for that taxation year, an amount, for the year, equal to the lesser of $10,000 and 50% of the aggregate of the eligible expenses paid in the year by the individual and the person who is the individual’s spouse at the time of payment.

For the purposes of this section, an individual who is resident in Québec immediately before the individual’s death is deemed to be resident in Québec at the end of 31 December of the year of the individual’s death.

2001, c. 51, s. 194; 2002, c. 9, s. 119; 2009, c. 15, s. 328.

1029.8.66.3. An individual shall not be deemed to have paid to the Minister an amount under section 1029.8.66.2 for a taxation year, unless the individual files with the Minister, together with the fiscal return the individual is required to file under section 1000 for the year, or that the individual would be required to so file if tax were payable by the individual for the year under this Part, the following documents:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the receipt referred to in subparagraph a of the first paragraph of section 1029.8.66.1; and

(c)  a copy of the certificate referred to in subparagraph b of the first paragraph of section 1029.8.66.1 in prescribed form.

2001, c. 51, s. 194.

1029.8.66.4. An individual shall not be deemed to have paid to the Minister an amount under section 1029.8.66.2 for a taxation year if the individual or the individual’s spouse is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2001, c. 51, s. 194; 2007, c. 12, s. 206.

1029.8.66.5. Where, for a taxation year, more than one individual could, but for this section, be deemed to have paid to the Minister an amount under section 1029.8.66.2 for the year, no amount greater than the amount provided for in that section, for the year, shall be deemed to have been paid to the Minister, for the year, under that section.

Where those individuals cannot agree as to what portion of the amount each would, but for this section, be deemed to have paid to the Minister, the Minister may determine that portion of the amount for the year.

2001, c. 51, s. 194.

DIVISION II.13 CREDIT FOR CHILD CARE EXPENSES

1995, c. 1, s. 162.

§ 1 . — Interpretation

1995, c. 1, s. 162.

1029.8.67. In this division,

“child care expense” of an individual for a taxation year means an expense that is neither prescribed nor excluded under section 1029.8.68 and that

(a)  is incurred in the year for the purpose of providing child care services in Canada including baby sitting services, day nursery services or services provided at a boarding school or a camp for an eligible child of the individual for the year;

(b)  is incurred to enable the individual, or, subject to the second paragraph of section 1029.8.81, the individual’s eligible spouse for the year, who resides with the child at the time the expense is incurred,

i.  to perform the duties of an office or employment,

ii.  to carry on a business, either alone or as a partner actively engaged in the business,

iii.  to carry on research or any similar work for which the individual or the individual’s eligible spouse for the year received a grant,

iv.  to attend a qualified educational institution, where the individual or the individual’s eligible spouse for the year is enrolled in an educational program of not less than three consecutive weeks duration that provides that each student in the program spend not less than 10 hours per week on courses or work in the program or not less than 12 hours per month on courses in the program, as the case may be, or

v.  to actively seek employment; and

(c)  is paid by the individual, or by the individual’s eligible spouse for the year, for services provided in the year by a person resident in Canada other than, at the time the services are provided,

i.  the child’s father or mother,

ii.  a person with whom the individual is living in a conjugal relationship,

iii.  a person who resides with the individual and for whom the child in respect of whom the expense was incurred is an eligible child for the year,

iv.  a person under 18 years of age related to the individual or to the person with whom the individual is living in a conjugal relationship, or

v.  a person in respect of whom either the individual or a person who resides with the individual and for whom the child in respect of whom the expense was incurred is an eligible child for the year, deducts an amount in computing tax payable for the year under section 752.0.1 or 776.41.14;

“eligible child” of an individual for a taxation year means a child of the individual or of the individual’s spouse, or a child who is a dependant of the individual or of the individual’s spouse and whose income for the year does not exceed $6,890, if, in any case, at any time during the year, the child is under 16 years of age or is dependent on the individual or on the individual’s spouse and has a mental or physical infirmity;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“family income” of an individual for a taxation year means the aggregate of the income of the individual for the year and the income, for the year, of the person who is the individual’s eligible spouse for the year;

“qualified child care expense” of an individual for a taxation year means the lesser of

(a)  an amount that, subject to section 1029.8.69 and the first paragraph of section 1029.8.81, is equal to the aggregate of the individual’s child care expenses for the year; and

(b)  the total of the product obtained when $10,000 is multiplied by the number of eligible children of the individual for the year each of whom is a person described in section 1029.8.76 and in respect of whom child care expenses referred to in paragraph a were incurred, the product obtained when $9,000 is multiplied by the number of eligible children of the individual for the year each of whom is under seven years of age on 31 December of that year, or would have been had the child then been living, and in respect of whom such expenses were incurred, and the product obtained when $4,000 is multiplied by the number of all other eligible children of the individual for the year in respect of whom such expenses were incurred;

“qualified educational institution” means an educational institution referred to in paragraph a of section 752.0.18.10 or a secondary school.

1995, c. 1, s. 162; 1997, c. 31, s. 119; 1997, c. 85, s. 265; 1998, c. 16, s. 233; 2000, c. 5, s. 270; 2001, c. 51, s. 195; 2001, c. 53, s. 222; 2002, c. 40, s. 210; 2003, c. 2, s. 278; 2003, c. 9, s. 348; 2005, c. 1, s. 258; 2005, c. 38, s. 287; 2007, c. 12, s. 207; 2009, c. 5, s. 460; 2009, c. 15, s. 329.

1029.8.67.1. For the purposes of this division, the child care expense of an individual for a taxation year includes, despite the definition of that expression in section 1029.8.67, the expense incurred to care for a child throughout the period of the year during which the individual, or the individual’s eligible spouse for the year, receives benefits relating to a birth or an adoption under the Act respecting parental insurance (chapter A-29.011), the Employment Insurance Act (S.C., 1996, chapter 23) or a similar Act of a province other than Québec.

2009, c. 15, s. 330.

1029.8.68. For the purposes of the definition of “child care expense” in section 1029.8.67, the child care expenses of an individual for a taxation year do not include the amounts paid for an eligible child of the individual who attends, in the year, a boarding school or camp to the extent that the total of those amounts exceeds the product obtained when $250, if the child is a person described in section 1029.8.76, $175, if the child is under seven years of age on 31 December of that year, or would have been had the child then been living, or $100, in any other case, is multiplied by the number of weeks in the year during which the child attended the school or camp, nor the medical expenses described in sections 752.0.11 to 752.0.13.0.1 or any other amounts paid for medical or hospital care, clothing, transportation, general or specific education services, or board or lodging, other than such expenses described in that definition.

1995, c. 1, s. 162; 1997, c. 14, s. 237; 2000, c. 39, s. 192; 2001, c. 51, s. 196; 2003, c. 2, s. 279; 2009, c. 5, s. 461.

1029.8.69. For the purpose of determining an individual’s qualified child care expenses for a taxation year, the individual may include, in the aggregate of the individual’s child care expenses for the year, an amount paid as such,

(a)  only if, where paragraph a.1 does not apply, proof of payment of the amount is provided by filing with the Minister one or more receipts each of which was issued by the payee and contains, where the payee is an individual, the individual’s Social Insurance Number;

(a.1)  only if, where the amount was paid to a person required, under the regulations made under section 1086, to send, in respect of that amount, an information return to the individual or the individual’s eligible spouse, the individual attaches a copy of the information return to the fiscal return the individual is required to file for the year under section 1000, or would be so required to file if the individual had tax payable for the year under this Part; and

(b)  only to the extent that the amount

i.  is not taken into account in computing the amount that another individual, except the individual’s eligible spouse for the year, is deemed to have paid to the Minister under section 1029.8.79, and

ii.  is not an amount, other than an amount that is included in computing a taxpayer’s income and that is not deductible in computing his taxable income, in respect of which any taxpayer is or was entitled to a reimbursement or any other form of assistance.

1995, c. 1, s. 162; 1997, c. 14, s. 238; 2000, c. 39, s. 193; 2003, c. 9, s. 349; 2009, c. 5, s. 462.

1029.8.70. (Repealed).

1995, c. 1, s. 162; 1997, c. 14, s. 239; 1998, c. 16, s. 234; 2000, c. 39, s. 194; 2001, c. 53, s. 223; 2003, c. 2, s. 280; 2009, c. 5, s. 463.

1029.8.71. (Repealed).

1995, c. 1, s. 162; 1997, c. 14, s. 240; 1998, c. 16, s. 235; 2000, c. 39, s. 195; 2001, c. 53, s. 224; 2003, c. 2, s. 281; 2003, c. 9, s. 350; 2009, c. 5, s. 463.

1029.8.72. (Repealed).

1995, c. 1, s. 162; 2009, c. 5, s. 463.

1029.8.73. Where an individual is resident in Canada during part of a taxation year but is not resident in Canada during another part of the year, the definition of “child care expense” in section 1029.8.67 shall, for that year in respect of that individual, be read as though the reference to “services provided during the year” were replaced by a reference to “services provided during a period of the year during which the individual is resident in Canada”.

1995, c. 1, s. 162; 2009, c. 5, s. 464.

1029.8.74. Where an individual is absent from Canada but resident in Québec for all or part of a taxation year,

(a)  the definition of “child care expense” in section 1029.8.67, for that year in respect of that individual, is to be read without reference to “, in Canada” and “resident in Canada”; and

(b)  paragraph a of section 1029.8.69, for that year in respect of that individual, if the expenses referred to in that paragraph were paid to a person not resident in Canada, is to be read without reference to “and contains, where the payee is an individual, the individual’s Social Insurance Number”.

1995, c. 1, s. 162; 2009, c. 5, s. 465.

1029.8.75. Where, in a taxation year, a person is resident in Canada, near the boundary between Canada and the United States and while so resident incurs expenses for child care that would be child care expenses if the definition of “child care expense” in section 1029.8.67 were read without reference to “in Canada” and to “resident in Canada”,

(a)  those expenses (other than amounts paid for a child’s attendance at a boarding school or camp outside Canada) are deemed to be child care expenses of the person for the year for the purposes of this division if the child care services are provided at a place that is closer to the person’s principal place of residence by a reasonably accessible road, in view of the circumstances, than any place in Canada where such child care services are available; and

(b)  if the expenses are deemed under paragraph a to be child care expenses of the person for the year, paragraph a of section 1029.8.69, in respect of those expenses, is to be read without reference to “and contains, where the payee is an individual, the individual’s Social Insurance Number”.

1995, c. 1, s. 162; 2009, c. 5, s. 466.

1029.8.76. The person to whom paragraph b of the definition of “qualified child care expense” in section 1029.8.67 and section 1029.8.68 refer for a taxation year is an eligible child in respect of whom subparagraphs a to d of the first paragraph of section 752.0.14 apply for that year.

1995, c. 1, s. 162; 1997, c. 85, s. 266; 1998, c. 16, s. 236; 2005, c. 38, s. 288; 2009, c. 5, s. 467.

1029.8.77. (Repealed).

1995, c. 1, s. 162; 1997, c. 85, s. 267; 2000, c. 39, s. 196; 2003, c. 9, s. 351.

1029.8.77.1. For the purposes of the definition of “family income” in section 1029.8.67, the income for a taxation year of an individual who was not resident in Canada throughout the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, if the individual died in the year, throughout the period of the year preceding the time of death.

1997, c. 85, s. 268; 2001, c. 53, s. 225; 2003, c. 9, s. 352; 2009, c. 15, s. 331.

1029.8.78. (Repealed).

1995, c. 1, s. 162; 1997, c. 85, s. 269.

§ 2 . — Credit

1995, c. 1, s. 162.

1029.8.79. An individual who either is resident in Québec on the last day of a taxation year, or is resident in Canada outside Québec on the last day of a taxation year and carried on a business in Québec at any time in the taxation year, is deemed to have paid to the Minister, on the individual’s balance-due day for that taxation year, on account of the individual’s tax payable for that year under this Part, an amount equal, for the year,

(a)  if the individual is resident in Québec on the last day of the taxation year or, if the individual is resident in Canada outside Québec on the last day of the taxation year, carried on a business in Québec at any time in the year and has an eligible spouse for the year who is resident in Québec on the last day of the year, to the amount obtained by applying the appropriate percentage determined under section 1029.8.80 in respect of the individual for the year to the individual’s qualified child care expenses for the year;

(b)  if the individual is resident in Canada outside Québec on the last day of the taxation year, carried on a business in Québec at any time in the year and either does not have an eligible spouse for the year or the individual’s eligible spouse for the year is, on the last day of the year, neither a person resident in Québec, nor a person resident in Canada outside Québec who carried on a business in Québec at any time in the year, to the product obtained by multiplying the proportion referred to in the second paragraph of section 25 by the amount obtained by applying the percentage referred to in paragraph c of section 750 to the individual’s qualified child care expenses for the year; and

(c)  if the individual and the individual’s eligible spouse for the year are resident in Canada outside Québec on the last day of the taxation year and carried on a business in Québec at any time in the year, to the product obtained by multiplying the average of the proportions each of which is referred to in the second paragraph of section 25 and established in respect of the individual or the individual’s eligible spouse for the year, by the amount obtained by applying the percentage referred to in paragraph c of section 750 to the individual’s qualified child care expenses for the year.

For the purposes of this section, if an individual dies or ceases to be resident in Canada in a taxation year, the last day of the individual’s taxation year is the day on which the individual died or the last day the individual was resident in Canada.

1995, c. 1, s. 162; 1995, c. 63, s. 207; 1997, c. 31, s. 143; 2000, c. 39, s. 197; 2003, c. 9, s. 353; 2006, c. 36, s. 204; 2009, c. 5, s. 468.

1029.8.80. The percentage to which the first paragraph of section 1029.8.79 refers in respect of an individual for a taxation year is

(a)  75% if the individual’s family income for the year does not exceed $31,520;

(b)  74% if the individual’s family income for the year exceeds $31,520 but does not exceed $32,685;

(c)  73% if the individual’s family income for the year exceeds $32,685 but does not exceed $33,855;

(d)  72% if the individual’s family income for the year exceeds $33,855 but does not exceed $35,015;

(e)  71% if the individual’s family income for the year exceeds $35,015 but does not exceed $36,185;

(f)  70% if the individual’s family income for the year exceeds $36,185 but does not exceed $37,345;

(g)  69% if the individual’s family income for the year exceeds $37,345 but does not exceed $38,525;

(h)  68% if the individual’s family income for the year exceeds $38,525 but does not exceed $39,690;

(i)  67% if the individual’s family income for the year exceeds $39,690 but does not exceed $40,850;

(j)  66% if the individual’s family income for the year exceeds $40,850 but does not exceed $42,015;

(k)  65% if the individual’s family income for the year exceeds $42,015 but does not exceed $43,190;

(l)  64% if the individual’s family income for the year exceeds $43,190 but does not exceed $44,355;

(m)  63% if the individual’s family income for the year exceeds $44,355 but does not exceed $45,525;

(n)  62% if the individual’s family income for the year exceeds $45,525 but does not exceed $46,685;

(o)  61% if the individual’s family income for the year exceeds $46,685 but does not exceed $47,860;

(p)  60% if the individual’s family income for the year exceeds $47,860 but does not exceed $86,370;

(q)  57% if the individual’s family income for the year exceeds $86,370 but does not exceed $124,000;

(r)  54% if the individual’s family income for the year exceeds $124,000 but does not exceed $125,175;

(s)  52% if the individual’s family income for the year exceeds $125,175 but does not exceed $126,350;

(t)  50% if the individual’s family income for the year exceeds $126,350 but does not exceed $127,525;

(u)  48% if the individual’s family income for the year exceeds $127,525 but does not exceed $128,700;

(v)  46% if the individual’s family income for the year exceeds $128,700 but does not exceed $129,875;

(w)  44% if the individual’s family income for the year exceeds $129,875 but does not exceed $131,050;

(x)  42% if the individual’s family income for the year exceeds $131,050 but does not exceed $132,225;

(y)  40% if the individual’s family income for the year exceeds $132,225 but does not exceed $133,400;

(z)  38% if the individual’s family income for the year exceeds $133,400 but does not exceed $134,575;

(z.1)  36% if the individual’s family income for the year exceeds $134,575 but does not exceed $135,750;

(z.2)  34% if the individual’s family income for the year exceeds $135,750 but does not exceed $136,925;

(z.3)  32% if the individual’s family income for the year exceeds $136,925 but does not exceed $138,100;

(z.4)  30% if the individual’s family income for the year exceeds $138,100 but does not exceed $139,275;

(z.5)  28% if the individual’s family income for the year exceeds $139,275 but does not exceed $140,450; and

(z.6)  26% if the individual’s family income for the year exceeds $140,450.

1995, c. 1, s. 162; 1997, c. 85, s. 270; 2001, c. 51, s. 197; 2005, c. 1, s. 259; 2009, c. 15, s. 332.

1029.8.80.0.1. Where, for a taxation year, a particular individual referred to in section 1029.8.79 has an eligible spouse for the year who is also an individual referred to in that section, the following rules apply:

(a)  the amount the particular individual is deemed to have paid to the Minister for the year under section 1029.8.79, determined without reference to this section, shall be reduced by such portion of the amount as is designated in respect of the particular individual by the particular individual and the eligible spouse in prescribed form filed by the particular individual with the particular individual’s fiscal return under this Part for the year;

(b)  the amount the eligible spouse is deemed to have paid to the Minister for the year under section 1029.8.79, determined without reference to this section, shall be reduced by the amount determined for the year under paragraph a in respect of the particular individual;

(c)  where the particular individual and the eligible spouse cannot agree on the portion of the amount that may be designated for the year in accordance with paragraph a in respect of the particular individual, the Minister may designate such portion and, for the purposes of paragraph a, the designation is deemed to have been made in prescribed form by the particular individual and the eligible spouse; and

(d)  the amount determined for the year under paragraph a in respect of the particular individual and the amount determined for the year under paragraph b in respect of the eligible spouse are deemed to be the amount the particular individual is deemed to have paid to the Minister for the year under section 1029.8.79 and the amount the eligible spouse is deemed to have so paid to the Minister for the year, respectively.

2000, c. 39, s. 198; 2003, c. 9, s. 354.

1029.8.80.1. An individual who has an eligible spouse for a taxation year shall not be deemed to have paid to the Minister an amount under section 1029.8.79 for the year unless the individual files with the Minister, together with the fiscal return the individual is required to file for the year under section 1000, or would be required to so file if tax were payable by the individual for the year under this Part, a certificate from the eligible spouse in prescribed form.

1997, c. 85, s. 271; 2003, c. 9, s. 354.

§ 3 . — Advance payments and exceptional rule

2005, c. 1, s. 260.

1029.8.80.2. Where, on or before 1 September of a taxation year, an individual applies therefor to the Minister in prescribed form containing the prescribed information, the Minister may pay in advance, according to the terms and conditions provided for in the second paragraph and in respect of the amount that the individual considers to be the amount that the individual will be deemed to have paid to the Minister on account of the individual’s tax payable for the year under the first paragraph of section 1029.8.79, an amount, in this section referred to as the “amount of the advance relating to child care expenses”, equal to the amount obtained by applying to the aggregate of the qualified child care expenses that the individual considers the individual is required to pay for the year the appropriate percentage determined in section 1029.8.80.3 in respect of the individual for the year, if

(a)  the individual is resident in Québec at the time of the application;

(b)  the individual is a Canadian citizen or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or a person who has been granted refugee protection in Canada by the competent Canadian authority in accordance with that Act;

(c)  the individual is the father or mother of a child with whom the individual resides at the time of the application;

(d)  at the time of the application, the individual is described in the portion of paragraph c of the definition of “child care expense” in section 1029.8.67 before subparagraph i;

(e)  the person who cares for a child of the individual confirms the child care rate and the number of days during which the child will be cared for in the year;

(f)  the amount that the individual considers to be the amount that the individual will be deemed, under the first paragraph of section 1029.8.79, to have paid to the Minister on account of the individual’s tax payable for the year is greater than $1,000, unless the amount that the individual considers to be the amount that the individual will be deemed, under the first paragraph of section 1029.8.116.5 or 1029.8.116.5.0.1, to have paid to the Minister on account of the individual’s tax payable for the year is greater than $500; and

(g)  the individual has agreed that the advance payments be made by direct deposit in a bank account held at a financial institution situated in Québec.

The terms and conditions of payment of the amount of the advance relating to child care expenses to which the first paragraph refers are the following:

(a)  where the Minister receives from the individual the application referred to in the first paragraph not later than 31 December of the preceding year, the amount of the advance relating to child care expenses is payable in four equal advance payments made on or before 15 January, 15 April, 15 July and 15 October of the year;

(b)  where the Minister receives from the individual the application referred to in the first paragraph after 31 December of the preceding year and not later than 31 March of the year, the amount of the advance relating to child care expenses is payable in three equal advance payments made on or before 15 April, 15 July and 15 October of the year;

(c)  where the Minister receives from the individual the application referred to in the first paragraph after 31 March and not later than 30 June of the year, the amount of the advance relating to child care expenses is payable in two equal advance payments made on or before 15 July and 15 October of the year; and

(d)  where the Minister receives from the individual the application referred to in the first paragraph after 30 June and not later than 1 September of the year, the amount of the advance relating to child care expenses is payable in one advance payment made on or before 15 October of the year.

The individual shall notify the Minister with dispatch of any event which may affect the amount of the advance relating to child care expenses and, if the individual does not so notify the Minister, the Minister may suspend, reduce or cease the payment of the advance.

Where, at the time of the application referred to in the first paragraph, an individual has a spouse, only one of them may make this application for the year.

2005, c. 1, s. 260; 2009, c. 5, s. 469; 2009, c. 15, s. 333.

1029.8.80.3. The percentage to which the first paragraph of section 1029.8.80.2 refers in respect of an individual for a taxation year is

(a)  75% if the individual’s estimated family income for the year does not exceed $31,520;

(b)  70% if the individual’s estimated family income for the year exceeds $31,520 but does not exceed $37,345;

(c)  65% if the individual’s estimated family income for the year exceeds $37,345 but does not exceed $43,190;

(d)  60% if the individual’s estimated family income for the year exceeds $43,190 but does not exceed $86,370;

(e)  57% if the individual’s estimated family income for the year exceeds $86,370 but does not exceed $124,000;

(f)  50% if the individual’s estimated family income for the year exceeds $124,000 but does not exceed $127,525;

(g)  (paragraph repealed);

(h)  44% if the individual’s estimated family income for the year exceeds $127,525 but does not exceed $131,050;

(i)  38% if the individual’s estimated family income for the year exceeds $131,050 but does not exceed $134,575;

(j)  32% if the individual’s estimated family income for the year exceeds $134,575 but does not exceed $138,100; and

(k)  26% if the individual’s estimated family income for the year exceeds $138,100.

2005, c. 1, s. 260; 2009, c. 15, s. 334.

1029.8.81. For the purposes of section 1029.8.79, for the purpose of determining the qualified child care expense of an individual for a taxation year, the aggregate of the individual’s child care expenses for the year is deemed to be equal to zero, if the individual is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

For the purposes of paragraph b of the definition of “child care expense” in section 1029.8.67 and of subparagraphs a and b of the first paragraph of section 1029.8.79, a person is deemed not to be the eligible spouse of an individual for a taxation year if the person is exempt from tax for that year under any of the provisions referred to in the first paragraph.

1995, c. 1, s. 162; 1995, c. 63, s. 208; 2007, c. 12, s. 208; 2009, c. 5, s. 470.

1029.8.82. (Repealed).

1995, c. 1, s. 162; 1997, c. 14, s. 241.

DIVISION II.14

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

§ 1 . —

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.83. (Repealed).

1995, c. 63, s. 209; 1998, c. 46, s. 65; 2000, c. 56, s. 158; 2005, c. 23, s. 229.

1029.8.84. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.85. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.86. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.87. (Repealed).

1995, c. 63, s. 209; 1998, c. 46, s. 65; 2005, c. 23, s. 229.

1029.8.88. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

§ 2 . —

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.89. (Repealed).

1995, c. 63, s. 209; 1997, c. 31, s. 143; 2005, c. 23, s. 229.

1029.8.90. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.91. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.92. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

DIVISION II.15

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

§ 1 . —

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.93. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

§ 2 . —

Repealed, 2005, c. 23, s. 229.

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.94. (Repealed).

1995, c. 63, s. 209; 1997, c. 14, s. 242; 1997, c. 31, s. 143; 2005, c. 23, s. 229.

1029.8.95. (Repealed).

1995, c. 63, s. 209; 1997, c. 14, s. 243.

1029.8.96. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.97. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.98. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

1029.8.99. (Repealed).

1995, c. 63, s. 209; 1997, c. 14, s. 244; 2005, c. 23, s. 229.

1029.8.100. (Repealed).

1995, c. 63, s. 209; 2005, c. 23, s. 229.

DIVISION II.16 PAYMENT OF QUÉBEC SALES TAX CREDIT

1997, c. 85, s. 272.

§ 1 . — Interpretation

1997, c. 85, s. 272.

1029.8.101. In this division,

“eligible individual” for a taxation year means an individual who is resident in Québec at the end of 31 December of the year and is, at that time, an emancipated minor, 19 years of age or over, the spouse of another individual, or the father or mother of a child with whom the individual resides, but who is not one of the following persons:

(a)  a person in respect of whom another individual receives, for the year, an amount deemed under section 1029.8.61.18 to be an overpayment of the other individual’s tax payable or a person in respect of whom another individual deducts an amount in computing the other individual’s tax payable for the year under section 776.41.14;

(b)  a person who is a dependant of another individual whom the other individual designates for the year for the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 or subparagraph a of the third paragraph of section 1029.8.116.5.0.1; or

(c)  a person in respect of whom another individual includes an amount, by virtue of paragraph c of section 1029.8.114, for the purpose of determining the amount that that other individual is deemed to have paid for the year under that section;

“eligible spouse” of an eligible individual for a taxation year means the person who is the eligible individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4, unless, at the end of 31 December of the year or, if the person died in the year, immediately before the person’s death,

(a)  the person was not resident in Québec; or

(b)  the person was confined to a prison or similar institution and had been so confined during the year for one or more periods totalling more than six months;

“family income” of an eligible individual for a taxation year means the amount by which the aggregate of the income of the eligible individual for the year and the income, for the year, of the eligible individual’s eligible spouse for the year exceeds $27,635;

“month specified” for a taxation year means the month of August and the month of December of the following taxation year.

1997, c. 85, s. 272; 2002, c. 40, s. 211; 2003, c. 9, s. 355; 2005, c. 1, s. 261; 2009, c. 5, s. 471; 2009, c. 15, s. 335.

1029.8.102. (Repealed).

1997, c. 85, s. 272; 2002, c. 40, s. 212; 2003, c. 9, s. 356.

1029.8.103. For the purposes of the definition of “family income” in section 1029.8.101, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year.

1997, c. 85, s. 272; 2001, c. 53, s. 226; 2003, c. 9, s. 357.

1029.8.104. (Repealed).

1997, c. 85, s. 272; 2002, c. 40, s. 213.

§ 2 . — Credit

1997, c. 85, s. 272.

1029.8.105. An eligible individual for a taxation year is deemed, provided that the eligible individual makes an application therefor in the fiscal return the eligible individual is required to file under section 1000 for the year, or would be required to file if tax were payable under this Part by the eligible individual for the year, to have paid to the Minister, in each of the months specified for that year, on account of tax payable by the eligible individual under this Part for the year, an amount equal to half of the amount by which the total of the following amounts exceeds 3% of the eligible individual’s family income for the year:

(a)  $163 in respect of the eligible individual;

(b)  $163 in respect of the eligible individual’s eligible spouse for the year, where applicable; and

(c)  $110 if the eligible individual does not have an eligible spouse for the year and ordinarily lives, throughout the year, in a self-contained domestic establishment in which no other eligible individual for the year lives.

1997, c. 85, s. 272; 2002, c. 40, s. 214; 2003, c. 9, s. 358; 2005, c. 1, s. 262.

1029.8.105.1. The aggregate of all amounts each of which is an amount that an eligible individual is deemed to have paid to the Minister during a month specified for a taxation year under section 1029.8.105 is to be reduced by the aggregate of all amounts each of which is the portion of a last resort financial assistance benefit received in the year by the eligible individual or, as the case may be, the eligible individual’s eligible spouse for the year, under Chapter I or II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1), that is attributable to the amount of the increase to account for the advance Québec sales tax credit provided for in section 66 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1), as it read at the time of its application.

2000, c. 39, s. 199; 2002, c. 40, s. 214; 2007, c. 12, s. 209.

1029.8.105.2. An individual, other than a trust, who is resident in Québec at the end of 30 November 2001 and who is deemed to have paid, under section 1029.8.105 and before the application of section 1029.8.105.1, an amount greater than zero for the taxation year 2000, is deemed to have paid to the Minister, in December 2001, on account of the individual’s tax payable for that year under this Part, an amount equal to the aggregate of

(a)  $100 in respect of the individual; and

(b)  $100 in respect of the individual’s eligible spouse for the year, where applicable.

For the purposes of the first paragraph, where an individual dies after 31 December 2000 and before 1 December 2001 and the individual was resident in Québec immediately before the death, the individual is deemed to be resident in Québec at the end of 30 November 2001.

2002, c. 40, s. 215.

1029.8.105.3. The amounts mentioned in section 1029.8.105 that would, taking section 1029.6.0.6 into account, be applicable for the year 2011, but for this section, must be increased by $75 in the case of the amounts mentioned in paragraphs a and b of section 1029.8.105, and by $50 in the case of the amount mentioned in paragraph c of section 1029.8.105.

2010, c. 5, s. 162.

Section 1029.8.105.3 applies for the taxation year 2011 (2010, c. 5, s. 162, subs. 2).

1029.8.106. For the purposes of section 1029.8.105, the following rules apply:

(a)  where, for a taxation year, an eligible individual is the eligible spouse of another eligible individual, only one of them may make the application referred to in that section for the year;

(b)  where, for a taxation year, the aggregate of the amounts deemed under that section to be paid by an eligible individual during the months specified for the year is equal to or less than $50, the eligible individual is deemed to have paid that aggregate during the first month specified for the year and no other amount is deemed to be paid under that section by the eligible individual for the year; and

(c)  no amount is deemed to be paid under that section by an eligible individual for a taxation year during a month specified for that year if the eligible individual was not resident in Québec at the beginning of that month.

1997, c. 85, s. 272; 2002, c. 40, s. 216.

1029.8.107. An eligible individual shall not be deemed to have paid to the Minister an amount under section 1029.8.105 for a taxation year during a month specified for that year if the eligible individual or the eligible individual’s eligible spouse for the year, where applicable, is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

1997, c. 85, s. 272; 2002, c. 40, s. 217; 2007, c. 12, s. 210.

1029.8.108. An eligible individual may not be deemed to have paid an amount to the Minister under section 1029.8.105 for a taxation year in a month specified for that year if, at the end of 31 December of the year, the eligible individual was confined to a prison or similar institution and has been so confined during the year for one or more periods totalling more than six months.

1997, c. 85, s. 272; 2002, c. 40, s. 217; 2009, c. 15, s. 336.

1029.8.108.1. For the purposes of the definition of “eligible spouse” in section 1029.8.101 and section 1029.8.108, a person who has been allowed, in a taxation year, to be temporarily absent from a prison or a similar institution to which the person has been confined is deemed to be confined to that prison or similar institution during each day of the year during which the person has been so allowed to be temporarily absent.

2005, c. 1, s. 263.

1029.8.109. Where, before the beginning of a month specified for a taxation year, an eligible individual dies, the eligible individual shall not be deemed to have paid to the Minister, during that month, an amount under section 1029.8.105 for the year.

However, the amount that, but for the first paragraph, would be deemed to have been paid to the Minister by a deceased eligible individual during a month specified for a taxation year is deemed, subject to paragraph c of section 1029.8.106, to have been paid to the Minister by the eligible individual’s eligible spouse for the year, during that month specified, on account of tax payable under this Part for the year, if the eligible individual’s eligible spouse for the year did not die before the beginning of that month and provided the eligible spouse makes an application therefor in writing to the Minister, on or before the day on which the legal representative of the eligible individual is required to file with the Minister under section 1000 the eligible individual’s fiscal return for the year of the eligible individual’s death, or would be required to file if tax were payable under this Part by the eligible individual for that year.

1997, c. 85, s. 272; 2002, c. 40, s. 217.

1029.8.109.1. Where, before 1 December 2001, an individual dies, the individual shall not be deemed to have paid to the Minister, during that month, an amount under section 1029.8.105.2 for the taxation year 2000.

The amount that, but for the first paragraph, would be deemed to have been paid to the Minister by a deceased individual during the month of December 2001 is deemed to have been paid to the Minister by the individual’s eligible spouse for the year, during that month, on account of tax payable under this Part for the taxation year 2000, if the individual’s eligible spouse for the year did not die before the beginning of that month, is resident in Québec at the end of 30 November 2001 and makes an application therefor in writing to the Minister, on or before the day on which the legal representative of the individual is required to file with the Minister under section 1000 the individual’s fiscal return for the year of the individual’s death, or would be required to file if tax were payable under this Part by the individual for that year.

Notwithstanding the second paragraph, the eligible spouse is not required to make the application referred to in that paragraph, where the eligible spouse made the application referred to in the second paragraph of section 1029.8.109 in relation to an amount that, but for the first paragraph of that section 1029.8.109, would be deemed to have been paid to the Minister by the deceased individual in a month specified on account of tax payable for the taxation year 2000.

2002, c. 40, s. 218.

DIVISION II.17 CREDIT FOR INDIVIDUALS LIVING IN THE TERRITORY OF A NORTHERN VILLAGE

1999, c. 83, s. 220.

§ 1 . — Interpretation

1999, c. 83, s. 220.

1029.8.110. In this division,

“eligible individual” for a taxation year means an individual who is resident in Québec at the end of 31 December of the year and is, at that time, an emancipated minor, 19 years of age or over, the spouse of another individual, or the father or mother of a child with whom the individual resides, but who is not one of the following persons:

(a)  a person in respect of whom another individual receives, for the year, an amount deemed under section 1029.8.61.18 to be an overpayment of the other individual’s tax payable or a person in respect of whom another individual deducts an amount in computing the other individual’s tax payable for the year under section 776.41.14; or

(b)  a person who is a dependant of another individual whom the other individual designates for the year for the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 or subparagraph a of the third paragraph of section 1029.8.116.5.0.1;

“eligible spouse” of an eligible individual for a taxation year means a person who is the eligible individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“family income” of an eligible individual for a taxation year means the amount by which the aggregate of the income of the eligible individual for the year and the income, for the year, of the eligible individual’s eligible spouse for the year exceeds $27,635;

“month” means a calendar month, being the period extending from the first to the last day of a month;

“month specified” for a taxation year means the month of August and the month of December of the following taxation year;

“northern village” means a municipality constituted in accordance with the Act respecting Northern villages and the Kativik Regional Government (chapter V-6.1).

1999, c. 83, s. 220; 2002, c. 40, s. 219; 2003, c. 9, s. 359; 2005, c. 1, s. 264; 2009, c. 5, s. 472; 2009, c. 15, s. 337.

1029.8.111. (Repealed).

1999, c. 83, s. 220; 2002, c. 40, s. 220; 2003, c. 9, s. 360.

1029.8.112. For the purposes of the definition of “family income” in section 1029.8.110, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year.

1999, c. 83, s. 220; 2001, c. 53, s. 227; 2003, c. 9, s. 361.

1029.8.113. For the purposes of paragraph c of section 1029.8.114 and subparagraph c of the second paragraph of section 1029.8.114.1, a person is a dependant, during a taxation year, of an eligible individual for the year or of the eligible individual’s eligible spouse for the year if, during the year, the person is a person in respect of whom the individual or spouse receives, for the year, an amount deemed under section 1029.8.61.18 to be an overpayment of tax payable or deducts an amount under section 776.41.14 in computing the tax payable for the year.

1999, c. 83, s. 220; 2002, c. 40, s. 221; 2005, c. 1, s. 265; 2009, c. 5, s. 473.

§ 2 . — Credit

1999, c. 83, s. 220.

1029.8.114. An eligible individual for a taxation year is deemed, provided that the eligible individual makes an application therefor in the fiscal return the eligible individual is required to file under section 1000 for the year, or would be required to file if tax were payable under this Part by the eligible individual for the year, to have paid to the Minister, in each of the months specified for that year, on account of the eligible individual’s tax payable under this Part for the year, an amount equal to half of the amount by which 15% of the eligible individual’s family income for the year is exceeded by the amount obtained by multiplying the total of the following amounts by the number of months in the year during which the eligible individual lives in the territory of a northern village:

(a)  $61 in respect of the eligible individual;

(b)  $61 in respect of the eligible individual’s eligible spouse for the year, where applicable; and

(c)  $26 in respect of each dependant, during the year, of the eligible individual or the eligible individual’s eligible spouse for the year.

1999, c. 83, s. 220; 2002, c. 40, s. 221; 2005, c. 1, s. 266; 2009, c. 5, s. 474.

1029.8.114.1. An eligible individual for the taxation year 2006 who makes the application referred to in section 1029.8.114 for that year is deemed to have paid to the Minister in each of September and December 2007, on account of the eligible individual’s tax payable under this Part for the taxation year 2006, an amount equal to half of the amount by which the amount described in the second paragraph exceeds the aggregate of the amounts deemed under section 1029.8.114 to have been paid for that year by the eligible individual.

The amount to which the first paragraph refers is equal to the amount by which 15% of the eligible individual’s family income for the taxation year 2006 is exceeded by the amount obtained by multiplying the total of the following amounts by the number of months in the year during which the eligible individual lives in the territory of a northern village:

(a)  $60 in respect of the eligible individual;

(b)  $60 in respect of the eligible individual’s eligible spouse for the year, if applicable; and

(c)  $25 in respect of each dependant, during the year, of the eligible individual or the eligible individual’s eligible spouse for the year.

2009, c. 5, s. 475.

1029.8.115. For the purposes of section 1029.8.114, the following rules apply:

(a)  where, for a taxation year, an eligible individual is the eligible spouse of another eligible individual, only one of them may make the application referred to in that section for the year;

(b)  where, for a taxation year, the aggregate of the amounts deemed under that section to be paid by an eligible individual during the months specified for the year is equal to or less than $50, the eligible individual is deemed to have paid that aggregate during the first month specified for the year and no other amount is deemed to be paid under that section by the eligible individual for the year; and

(c)  no amount is deemed to be paid under that section by an eligible individual for a taxation year during a month specified for that year if the eligible individual was not resident in Québec at the beginning of that month.

1999, c. 83, s. 220; 2002, c. 40, s. 222.

1029.8.115.1. For the purposes of section 1029.8.114.1, the following rules apply:

(a)  if the aggregate of the amounts deemed under that section to have been paid by an eligible individual is equal to or less than $50, the eligible individual is deemed to have paid that aggregate in September 2007 and no other amount is deemed to be paid under that section by the eligible individual for the taxation year 2006;

(b)  if paragraph b of section 1029.8.115 applies to an eligible individual for the taxation year 2006, the amount deemed to have been paid in the month of September is to be reduced and the amount deemed to have been paid in the month of December is to be increased by an amount equal to half of the aggregate of the amounts deemed to have been paid under section 1029.8.114 by the eligible individual for the year; and

(c)  no amount is deemed under that section to have been paid by an eligible individual for the taxation year 2006 in either September or December 2007 if the eligible individual was not resident in Québec at the beginning of August 2007 with respect to the month of September and at the beginning of December 2007 with respect to the month of December.

2009, c. 5, s. 476.

1029.8.116. Where, before the beginning of a month specified for a taxation year, an eligible individual dies, the eligible individual shall not be deemed to have paid to the Minister, during that month, an amount under section 1029.8.114 for the year.

However, the amount that, but for the first paragraph, would be deemed to have been paid to the Minister by a deceased eligible individual during a month specified for a taxation year is deemed, subject to paragraph c of section 1029.8.115, to have been paid to the Minister by the eligible individual’s eligible spouse for the year, during the month specified, on account of the eligible individual’s tax payable under this Part for the year, if the eligible individual’s eligible spouse for the year did not die before the beginning of that month and provided the eligible spouse makes an application therefor in writing to the Minister, on or before the day on which the legal representative of the eligible individual is required to file with the Minister under section 1000 the eligible individual’s fiscal return for the year of the eligible individual’s death, or would be required to file if tax were payable under this Part by the eligible individual for that year.

1999, c. 83, s. 220; 2002, c. 40, s. 224.

1029.8.116.0.1. If an eligible individual dies before 1 September 2007, the eligible individual may not be deemed to have paid to the Minister an amount under section 1029.8.114.1 for the taxation year 2006.

However, the amount that, but for the first paragraph, would be deemed to have been paid to the Minister by a deceased eligible individual before 1 September 2007 is deemed, subject to paragraph c of section 1029.8.115.1, to have been paid to the Minister by the eligible individual’s eligible spouse for the taxation year 2006, in each of September and December 2007, on account of tax payable under this Part for the taxation year 2006, if the eligible individual’s eligible spouse did not die before 1 September 2007 and provided that the eligible spouse makes an application in writing to the Minister on or before the day on which the legal representative of the eligible individual is required to file with the Minister under section 1000 the eligible individual’s fiscal return for the year of the eligible individual’s death, or would be required to file if tax were payable under this Part by the eligible individual for that year.

Despite the second paragraph, the eligible spouse is not required to make the application referred to in the second paragraph when the eligible spouse made the application referred to in the second paragraph of section 1029.8.116 in relation to an amount that, but for the first paragraph of section 1029.8.116, would be deemed to have been paid to the Minister by the deceased eligible individual in a month specified on account of tax payable for the taxation year 2006.

2009, c. 5, s. 477.

DIVISION II.17.1 CREDITS TO INCREASE THE INCENTIVE TO WORK

2005, c. 1, s. 267; 2009, c. 15, s. 338.

§ 1 . — Interpretation

2005, c. 1, s. 267.

1029.8.116.1. In this division,

“earned income” of an individual for a month means the aggregate of

(a)  the individual’s income from an office or employment, computed under Chapters I and II of Title II of Book III, that may reasonably be attributed to that month, other than such an income that is deductible in computing the individual’s taxable income under paragraph e of section 725; and

(b)  the individual’s income from any business the individual carries on either alone or as a partner actively engaged in the business, that may reasonably be attributed to that month, other than such an income that is deductible in computing the individual’s taxable income under paragraph e of section 725;

“eligible individual” for a taxation year means, subject to section 1029.8.116.2, an individual who, at the end of 31 December of the year or, where applicable, on the date of the individual’s death, is an emancipated minor, is 18 years of age or over, is the spouse of another individual, or is the father or mother of a child with whom the individual resides, but who is not one of the following persons:

(a)  a person in respect of whom another individual receives, for the year, an amount deemed under section 1029.8.61.18 to be an overpayment of the individual’s tax payable, except if that person reaches 18 years of age before 1 December of the year;

(b)  a person in respect of whom another individual, in computing the other individual’s tax payable for the year, deducts an amount under section 752.0.1, as a consequence of the application of paragraph d, or under section 776.41.14;

(c)  a person in respect of whom another individual includes an amount, as a consequence of the application of paragraph c of section 1029.8.114, for the purpose of determining the amount that that other individual is deemed to have paid for the year under that section; or

(d)  a person who is a dependant of another individual whom the other individual designates for the year for the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 or subparagraph a of the third paragraph of section 1029.8.116.5.0.1;

“eligible spouse” of an eligible individual for a taxation year means the person who is the eligible individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4, unless, at the end of 31 December of the year or, if the person died in the year, immediately before the person’s death,

(a)  the person was not resident in Québec; or

(b)  the person was confined to a prison or similar institution and had been so confined during the year for one or more periods totalling more than six months;

“period of transition to work” of an individual means

(a)  a period that begins on the first day of a particular month that is both subsequent to the month of March 2008 and recognized by the Minister of Employment and Social Solidarity as a month in which the individual ceases to receive a last resort financial assistance benefit under Chapter I or II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1) because of earned income from employment as determined for the purposes of that Act, and that ends on the last day of the eleventh month that follows the particular month or, if it is earlier, the last day of the month that precedes the month in which the individual again receives such a benefit or begins to receive a benefit referred to in paragraph b; or

(b)  a period that begins on the first day of a particular month that is both subsequent to the month of March 2009 and recognized by the Minister of Employment and Social Solidarity as a month in which the individual ceases to receive a financial assistance benefit under Chapter III of Title II of the Individual and Family Assistance Act because of earned income from employment as determined for the purposes of that Act, and that ends on the last day of the eleventh month that follows the particular month or, if it is earlier, the last day of the month that precedes the month in which the individual again receives such a benefit or begins to receive a benefit referred to in paragraph a;

“total income” of an eligible individual for a taxation year means the aggregate of the income for the year of the eligible individual and the income for the year of the eligible individual’s eligible spouse for the year;

“work income” of an individual for a taxation year means the aggregate of

(a)  the individual’s income for the year from an office or employment computed under Chapters I and II of Title II of Book III, other than such an income that is deductible in computing the individual’s taxable income under paragraph e of section 725;

(b)  the individual’s income for the year from a business the individual carries on either alone or as a partner actively engaged in the business, other than such an income that is deductible in computing the individual’s taxable income under paragraph e of section 725; and

(c)  the amount included in computing the individual’s income for the year under paragraph e.6 of section 311 or paragraph h of section 312, other than such an amount that is deductible in computing the individual’s taxable income under paragraph e of section 725.

2005, c. 1, s. 267; 2006, c. 36, s. 205; 2009, c. 5, s. 478; 2009, c. 15, s. 339; 2010, c. 5, s. 163.

1029.8.116.2. To qualify as an eligible individual for a taxation year, an individual must be

(a)  a Canadian citizen;

(b)  an Indian registered as an Indian under the Indian Act (Revised Statutes of Canada, 1985, chapter I-5);

(c)  a permanent resident within the meaning of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27); or

(d)  a person to whom asylum has been granted in Canada by the competent Canadian authority in accordance with the Immigration and Refugee Protection Act.

2005, c. 1, s. 267.

1029.8.116.2.1. For the purposes of paragraph a of the definition of “work income” in section 1029.8.116.1, the income of an individual for a taxation year from an office or employment is deemed to be equal to zero, if each of the amounts included in computing the income is the value of a benefit received or enjoyed by the individual in the year because of a previous office or employment.

2006, c. 36, s. 206.

1029.8.116.2.2. For the purposes of the definition of “period of transition to work” of an individual in section 1029.8.116.1, the Minister of Employment and Social Solidarity shall comply with the following rules:

(a)  despite subparagraph a of paragraph 2 of section 55 of the Individual and Family Assistance Act (chapter A-13.1.1), if the individual is a member of a family, that Minister shall take into account only the income from employment earned by the individual and by the individual’s spouse within the meaning of section 22 of that Act; and

(b)  that Minister shall not consider an individual to have received, for a month, a last resort financial assistance benefit if, for that month, the individual receives only a special benefit under section 48 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1).

2009, c. 15, s. 340.

1029.8.116.3. (Repealed).

2005, c. 1, s. 267; 2009, c. 15, s. 341.

1029.8.116.4. For the purposes of the definition of “total income” in section 1029.8.116.1, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year or, where the individual died in the year, throughout the period of the year preceding the time of death.

2005, c. 1, s. 267.

§ 2 . — Credits

2005, c. 1, s. 267; 2009, c. 15, s. 342.

1029.8.116.5. An eligible individual for a taxation year who is resident in Québec at the end of 31 December of the year is deemed, subject to the third paragraph, to have paid to the Minister, on the eligible individual’s balance-due day for the year, on account of the eligible individual’s tax payable for the year, provided that the eligible individual makes an application to that effect, in the prescribed form containing prescribed information, in the fiscal return the eligible individual is required to file for the year under section 1000, or would be required to so file if tax were payable for the year by the eligible individual, the amount determined by the formula

(A × B) − (10% × C).

In the formula provided for in the first paragraph,

(a)  A is

i.  in the case where the eligible individual does not have an eligible spouse for the year but has a dependant whom the eligible individual designates for the year in prescribed form, 30%,

ii.  in the case where the eligible individual has an eligible spouse for the year and a dependant whom the eligible individual designates for the year in prescribed form, 25%, and

iii.  in any other case, 7%;

(b)  B is

i.  in the case where the eligible individual does not have an eligible spouse for the year, the amount by which the lesser of the work premium reduction threshold that is applicable for the year in respect of the eligible individual and the eligible individual’s work income for the year exceeds $2,400, and

ii.  in the case where the eligible individual has an eligible spouse for the year, the amount by which the lesser of the work premium reduction threshold that is applicable for the year in respect of the eligible individual and the aggregate of the eligible individual’s work income for the year and the work income of the eligible individual’s eligible spouse for the year exceeds $3,600; and

(c)  C is the amount by which the eligible individual’s total income for the year exceeds

i.  the work premium reduction threshold that is applicable for the year in respect of an eligible individual who does not have an eligible spouse for the year, and

ii.  the work premium reduction threshold that is applicable for the year in respect of an eligible individual who has an eligible spouse for the year.

For the purpose of computing the payments that an eligible individual for a taxation year is required to make under section 1025 or 1026, the individual is deemed to have paid to the Minister, on account of the individual’s tax payable for the year under this Part, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the excess amount that corresponds to the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is an advance payment referred to in the second paragraph of section 1029.8.116.9, that the eligible individual, or the eligible individual’s eligible spouse for the year, has received, or may reasonably expect to receive, for the year, less the aggregate of all amounts each of which is the portion of that excess amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2005, c. 1, s. 267; 2006, c. 13, s. 193; 2009, c. 15, s. 343.

1029.8.116.5.0.1. An individual who, for a taxation year, is an eligible individual to whom the second paragraph applies and is resident in Québec at the end of 31 December of the year is deemed, subject to the fourth paragraph, to have paid to the Minister, on the individual’s balance-due day for the year, on account of the individual’s tax payable for the year, provided that the individual makes an application to that effect, in the prescribed form containing prescribed information, in the fiscal return the individual is required to file for the year under section 1000, or would be required to so file if tax were payable for the year by the individual, the amount determined by the formula

(A × B) - (10% × C).

This paragraph applies, for the year, to an eligible individual if

(a)  the eligible individual receives in the year, or has received in any of the five preceding years, because of the individual’s physical or mental condition, a social solidarity allowance under Chapter II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1), other than a special benefit paid under section 48 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1), or a severely limited capacity for employment allowance under Chapter I of Title I of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), as that Act read before being replaced, other than a special benefit paid under section 50 of the Regulation respecting income support made by Order in Council 1011-99 (1999, G.O. 2, 2881), as it read before being replaced;

(b)  the eligible individual’s eligible spouse for the year receives in the year, or has received in any of the five preceding years, because of the spouse’s physical or mental condition, an allowance referred to in subparagraph  a; or

(c)  the eligible individual or the eligible individual’s eligible spouse for the year is a person in respect of whom subparagraphs a to d of the first paragraph of section 752.0.14 apply for the year.

In the formula in the first paragraph,

(a)  A is

i.  in the case where the eligible individual does not have an eligible spouse for the year but has a dependant whom the eligible individual designates for the year in the prescribed form, 25%,

ii.  in the case where the eligible individual has an eligible spouse for the year and a dependant whom the eligible individual designates for the year in the prescribed form, 20%, and

iii.  in any other case, 9%;

(b)  B is

i.  in the case where the eligible individual does not have an eligible spouse for the year, the amount by which the lesser of the reduction threshold for the adjusted work premium, that is applicable for the year in respect of the eligible individual, and the eligible individual’s work income for the year exceeds $1,200, and

ii.  in the case where the eligible individual has an eligible spouse for the year, the amount by which the lesser of the reduction threshold for the adjusted work premium, that is applicable for the year in respect of the eligible individual, and the aggregate of the eligible individual’s work income for the year and the work income for the year of the eligible individual’s eligible spouse for the year exceeds $1,200; and

(c)  C is the amount by which the eligible individual’s total income for the year exceeds

i.  the reduction threshold for the adjusted work premium, that is applicable for the year in respect of an eligible individual who does not have an eligible spouse for the year, and

ii.  the reduction threshold for the adjusted work premium, that is applicable for the year in respect of an eligible individual who has an eligible spouse for the year.

For the purpose of computing the payments that an eligible individual for a taxation year is required to make under section 1025 or 1026, the individual is deemed to have paid to the Minister, on account of the individual’s tax payable for the year under this Part, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the excess amount that corresponds to the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is an advance payment referred to in the second paragraph of section 1029.8.116.9, that the eligible individual, or the eligible individual’s eligible spouse for the year, has received, or may reasonably expect to receive, for the year, less the aggregate of all amounts each of which is the portion of that excess amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2009, c. 15, s. 344.

1029.8.116.5.0.2. An eligible individual who is resident in Québec at the end of 31 December of a taxation year is deemed, subject to the fourth paragraph, to have paid to the Minister, on the eligible individual’s balance-due day for the year, on account of the eligible individual’s tax payable for the year, provided that the eligible individual makes an application to that effect, in the prescribed form containing prescribed information, in the fiscal return the eligible individual is required to file for the year under section 1000, or would be required to so file if tax were payable for the year by the eligible individual, an amount equal to the product obtained by multiplying $200 by the total number of months in that year each of which is a month (in this section and section 1029.8.116.9.1 referred to as an “eligible month”) in which the individual’s earned income is equal to or greater than $200 and is a month included in a period of transition to work of the individual in respect of which the following conditions are met:

(a)  the period of transition to work began in that year or in the preceding taxation year;

(b)  the Minister of Employment and Social Solidarity confirms that during the 42-month period that precedes the first month of the individual’s period of transition to work that includes the eligible month, the individual received, for at least 36 months, an amount that is

i.  a last resort financial assistance benefit paid under Chapter I or II of Title II of the Individual and Family Assistance Act (chapter A-13.1.1) or under Chapter I of Title I of the Act respecting income support, employment assistance and social solidarity (chapter S-32.001), as that Act read before being replaced, or

ii.  a financial assistance benefit paid under the Solidarité jeunesse program, Chapter III of Title II of the Individual and Family Assistance Act or the Youth Alternative pilot project; and

(c)  subject to the third paragraph, the Minister of Employment and Social Solidarity confirms that, for the first month of the individual’s period of transition to work that includes the eligible month, the individual holds, under subparagraph 1 or 3 of the first paragraph of section 48 of the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1), a valid claim booklet issued by the Minister of Employment and Social Solidarity.

For the purpose of confirming that an individual meets the condition set out in subparagraph b of the first paragraph, the Minister of Employment and Social Solidarity shall not consider that the individual received a last resort financial assistance benefit for a particular month if

(a)  for that month, the individual was a dependent child for the purposes of the Individual and Family Assistance Act or of the Act respecting income support, employment assistance and social solidarity, as that Act read before being replaced; or

(b)  for that month, the individual received only a special benefit under section 48 of the Individual and Family Assistance Regulation or under section 50 of the Regulation respecting income support made by Order in Council 1011-99 (1999, G.O. 2, 2881), as it read before being replaced.

Subparagraph c of the first paragraph does not apply in respect of an individual who receives a financial assistance benefit under Chapter III of Title II of the Individual and Family Assistance Act for the month that precedes the first month of the individual’s period of transition to work that includes the eligible month.

For the purpose of computing the payments that an eligible individual for a taxation year is required to make under section 1025 or 1026, the individual is deemed, unless the individual elects to have section 1029.8.116.9.1 apply for the year, to have paid to the Minister, on account of the individual’s tax payable for the year under this Part, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2009, c. 15, s. 344; 2010, c. 5, s. 164.

1029.8.116.5.0.3. For the purposes of sections 1029.8.116.5 to 1029.8.116.5.0.2, an eligible individual who was resident in Québec immediately before the eligible individual’s death is deemed to be resident in Québec at the end of 31 December of the year in which the eligible individual died.

2009, c. 15, s. 344.

1029.8.116.5.1. The Minister of Finance publishes annually in the Gazette officielle du Québec a notice setting out

(a)  the amounts of the work premium reduction thresholds, referred to in subparagraphs i and ii of subparagraphs b and c of the second paragraph of section 1029.8.116.5, that are applicable for a taxation year and are determined according to the terms and conditions prescribed by regulation, and that are to be used in determining the amount that an eligible individual is deemed to have paid to the Minister on account of the individual’s tax payable for the year under section 1029.8.116.5; and

(b)  the amounts of the reduction thresholds for the adjusted work premium, referred to in subparagraphs i and ii of subparagraphs b and c of the third paragraph of section 1029.8.116.5.0.1, that are applicable for a taxation year and are determined according to the terms and conditions prescribed by regulation, and that are to be used in determining the amount that an eligible individual is deemed to have paid to the Minister on account of the individual’s tax payable for the year under section 1029.8.116.5.0.1.

The notice described in the first paragraph becomes effective from 1 January of the year for which the amounts of the work premium reduction thresholds and of the reduction thresholds for the adjusted work premium are determined and may be subject to a review having retroactive effect to that date.

2006, c. 13, s. 194; 2009, c. 15, s. 345.

For the taxation year 2015, the amount of the general work premium reduction threshold applicable to an individual who does not have an eligible spouse for the year is changed from $10,286 to $10,370; the amount of the general work premium reduction threshold applicable to an individual who has an eligible spouse for the year is changed from $15,914 to $16,056.

See (2014) 146 G.O. 1, 1270.

For the taxation year 2015, the amount of the adapted work premium reduction threshold applicable to an individual who does not have an eligible spouse for the year is changed from $13,104 to $13,232; the amount of the adapted work premium reduction threshold applicable to an individual who has an eligible spouse for the year is changed from $19,034 to $19,242.

See (2014) 146 G.O. 1, 1270.

1029.8.116.5.2. An eligible individual may not be deemed to have paid an amount to the Minister under any of sections 1029.8.116.5 to 1029.8.116.5.0.2 for a taxation year if, at the end of 31 December of the year or, if the eligible individual died in the year, immediately before the eligible individual’s death, the eligible individual was confined to a prison or similar institution and had been so confined during the year for one or more periods totalling more than six months.

2009, c. 15, s. 346.

1029.8.116.6. (Repealed).

2005, c. 1, s. 267; 2006, c. 13, s. 195.

1029.8.116.7. (Repealed).

2005, c. 1, s. 267; 2006, c. 13, s. 195.

1029.8.116.8. For the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 or subparagraph a of the third paragraph of section 1029.8.116.5.0.1, an eligible individual for a taxation year has a dependant whom the eligible individual may designate for the year in the prescribed form referred to in that subparagraph a, if that person is, during the year, a child of the eligible individual or of the eligible individual’s eligible spouse for the year and

(a)   the eligible individual or the eligible individual’s eligible spouse for the year receives, for the year and in respect of that person, an amount deemed under section 1029.8.61.18 to be an overpayment of tax payable;

(b)  that person is, during the year, under 18 years of age, ordinarily resides with the eligible individual and is neither the father or the mother of a child with whom the person resides, nor an emancipated minor;

(c)  the eligible individual or the eligible individual’s eligible spouse for the year deducts an amount in computing the tax payable for the year in respect of that person under section 752.0.1, as a consequence of the application of paragraph d of that section, or could have deducted such an amount but for the person’s income for the year; or

(d)  that person is an eligible student for the year within the meaning of section 776.41.12.

For the purposes of subparagraph b of the first paragraph, where custody of a person is shared under an order or judgment of a competent tribunal or, if there is no such order or judgment, under a written agreement, that person is considered to ordinarily reside with the eligible individual during a taxation year, when the eligible individual or the eligible individual’s eligible spouse for the year has custody of the person, only if, pursuant to the order, judgment or written agreement, as the case may be, the period of the year during which the eligible individual or the eligible spouse must exercise custody of that person represents at least 40% of the year.

2005, c. 1, s. 267; 2007, c. 12, s. 211; 2009, c. 5, s. 479; 2009, c. 15, s. 347.

1029.8.116.8.1. For the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 and subparagraph a of the third paragraph of section 1029.8.116.5.0.1, an eligible individual for a taxation year may not designate a person as being a dependant for the year if, at the end of 31 December of the year or, if the person died in the year, immediately before the person’s death, that person was confined to a prison or similar institution and had been so confined during the year for one or more periods totalling more than six months.

2009, c. 15, s. 348.

1029.8.116.8.2. For the purposes of the definition of “eligible spouse” in section 1029.8.116.1 and sections 1029.8.116.5.2 and 1029.8.116.8.1, a person who has been allowed, in a taxation year, to be temporarily absent from a prison or a similar institution to which the person has been confined is deemed to be confined to that prison or similar institution during each day of the year during which the person has been so allowed to be temporarily absent.

2009, c. 15, s. 348.

§ 3 . — Advance payments and exceptional rules

2005, c. 1, s. 267.

1029.8.116.9. If, on or before 1 September of a taxation year, an individual applies to the Minister, in the prescribed form containing the prescribed information referred to in the first paragraph of either of sections 1029.8.116.5 and 1029.8.116.5.0.1, the Minister may pay in advance, according to the terms and conditions provided for in the second paragraph, an amount (in this section referred to as the “amount of the advance relating to the work premium”) equal to the product obtained by multiplying the percentage specified in the third paragraph by the amount that the individual considers to be the amount that the individual will be deemed to have paid to the Minister, under that first paragraph, on account of the individual’s tax payable for the year, if

(a)  the individual is resident in Québec at the time of the application;

(b)  the individual is not a person in respect of whom another individual is entitled, for the year, to an amount deemed under section 1029.8.61.18 to be an overpayment of the other individual’s tax payable, unless the individual is 18 years of age or over on the first day of the month of the application;

(c)  at the time of the application, the individual is described in any of paragraphs a to d of section 1029.8.116.2;

(d)  at the time of the application, the individual performs the duties of an office or employment, or carries on a business, alone or as a partner actively engaged in the business;

(e)  the amount that the individual considers to be the amount that the individual will be deemed to have paid to the Minister on account of the individual’s tax payable for the year, under the first paragraph of either of sections 1029.8.116.5 and 1029.8.116.5.0.1, is greater than

i.  if the individual has a dependant who meets the conditions set out in section 1029.8.116.8 to be designated for the purposes of subparagraph a of the second paragraph of section 1029.8.116.5 or subparagraph a of the third paragraph of section 1029.8.116.5.0.1, $500, and

ii.  in any other case, $300; and

(f)  the individual has agreed that the advance payments be made by direct deposit in a bank account held at a financial institution situated in Québec.

The terms and conditions of payment of the amount of the advance relating to the work premium to which the first paragraph refers are the following:

(a)  where the Minister receives from the individual the application referred to in the first paragraph not later than 31 December of the preceding year, the amount of the advance relating to the work premium is payable in four equal advance payments made on or before 15 January, 15 April, 15 July and 15 October of the year;

(b)  where the Minister receives from the individual the application referred to in the first paragraph after 31 December of the preceding year and not later than 31 March of the year, the amount of the advance relating to the work premium is payable in three equal advance payments made on or before 15 April, 15 July and 15 October of the year;

(c)  where the Minister receives from the individual the application referred to in the first paragraph after 31 March and not later than 30 June of the year, the amount of the advance relating to the work premium is payable in two equal advance payments made on or before 15 July and 15 October of the year; and

(d)  where the Minister receives from the individual the application referred to in the first paragraph after 30 June and not later than 1 September of the year, the amount of the advance relating to the work premium is payable in one advance payment made on or before 15 October of the year.

The percentage to which the first paragraph refers is 50% if subparagraph i of subparagraph e of that paragraph applies, and 75% in any other case.

The individual shall notify the Minister with dispatch of any event which may affect the amount of the advance relating to the work premium and, if the individual does not so notify the Minister, the Minister may suspend, reduce or cease the payment of the advance.

Where, at the time of the application referred to in the first paragraph, an individual has a spouse, only one of them may make this application for the year.

2005, c. 1, s. 267; 2009, c. 15, s. 349.

1029.8.116.9.1. If an individual applies to the Minister of Employment and Social Solidarity for a taxation year, in the form prescribed by that Minister and containing prescribed information, and if that Minister, after being satisfied that the conditions set out in subparagraphs b and c of the first paragraph of section 1029.8.116.5.0.2 are met in respect of any of the individual’s periods of transition to work that include an eligible month, notifies the Minister of Revenue, the latter Minister may pay in advance, according to the terms and conditions provided for in the second paragraph, an amount (in this section referred to as the “amount of the advance relating to the supplement”) equal to the amount that the individual considers to be the amount that the individual will be deemed to have paid to the Minister, under that first paragraph, on account of the individual’s tax payable for a taxation year for which the application is made, if

(a)  the individual is resident in Québec at the time of the application;

(b)  the individual is not a person in respect of whom another individual is entitled, for the year, to an amount deemed under section 1029.8.61.18 to be an overpayment of the other individual’s tax payable, unless the individual is 18 years of age or over on the first day of the month of the application;

(c)  at the time of the application, the individual is described in any of paragraphs a to d of section 1029.8.116.2;

(d)  at the time of the application, the individual is performing the duties of an office or employment, or is carrying on a business, alone or as a partner actively engaged in the business; and

(e)  the individual has agreed that the advance payments be made by direct deposit in a bank account held at a financial institution situated in Québec.

The terms and conditions of payment of the amount of the advance relating to the supplement to which the first paragraph refers are as follows:

(a)  for any eligible month that precedes the month in which the individual filed the application, the Minister shall pay to the individual, on or before the 15th day of the month that follows the month in which the application was filed, an amount equal to the product obtained by multiplying $200 by the number of those eligible months; and

(b)  for each of the other eligible months, the Minister shall pay to the individual an amount of $200 on or before the 15th day of the following month.

The Minister of Employment and Social Solidarity shall notify the Minister on becoming aware that the individual’s period of transition to work has ended because the individual is again receiving a last resort financial assistance benefit under Title II of the Individual and Family Assistance Act (chapter A-13.1.1).

In addition, the individual shall notify the Minister with dispatch of any event that may affect the amount of the advance relating to the supplement and, if the individual does not so notify the Minister, the Minister may suspend, reduce or cease the payment of the advance.

2009, c. 15, s. 350.

1029.8.116.9.2. No individual may be deemed to have paid an amount to the Minister for a taxation year under section 1029.8.116.5 if the individual or the individual’s eligible spouse for the year is deemed to have paid an amount to the Minister for the year under section 1029.8.116.5.0.1.

2009, c. 15, s. 350.

1029.8.116.10. An eligible individual shall not be deemed to have paid an amount to the Minister under any of sections 1029.8.116.5 to 1029.8.116.5.0.2, for a taxation year, if the eligible individual or the eligible individual’s eligible spouse for the year is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2005, c. 1, s. 267; 2007, c. 12, s. 212; 2009, c. 15, s. 351.

1029.8.116.11. Where an eligible individual is the eligible spouse for a taxation year of another eligible individual, the total of the amounts that each of those individuals is deemed to have paid to the Minister for the year under section 1029.8.116.5 or 1029.8.116.5.0.1 may not exceed the amount that only one of those individuals would, but for this section, be deemed to have paid to the Minister for the year under that section.

Where those individuals cannot agree as to what portion of the amount each would, but for this section, be deemed to have paid to the Minister, the Minister may determine the portion of that amount for the year.

2005, c. 1, s. 267; 2009, c. 15, s. 352.

DIVISION II.18 TAX CREDIT FOR MEDICAL EXPENSES

§ 1 . — Interpretation

2000, c. 5, s. 271.

1029.8.117. In this division,

“eligible individual” for a taxation year means an individual, other than a trust,

(a)  who is resident in Canada throughout the year or, if the individual dies in the year, throughout the portion of the year before the individual’s death;

(b)  who, before the end of the year, has attained the age of 18 years; and

(c)  the aggregate of whose income for the year from all offices and employments, computed without reference to section 43, and from all businesses each of which is a business carried on by the individual either alone or as a partner actively engaged in the business, and of any amount included in computing the individual’s income for the year under paragraph e.2 or e.6 of section 311, is at least $2,500;

“family income” of an individual for a taxation year means the aggregate of all amounts each of which is the income of the individual for the year and of the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4.

For the purposes of paragraph c of the definition of “eligible individual” in the first paragraph, the income of an individual for a taxation year from all offices and employments is deemed to be equal to zero, if each of the amounts included in computing the income is the value of a benefit received or enjoyed by the individual in the year because of a previous office or employment.

2000, c. 5, s. 271; 2002, c. 40, s. 224; 2003, c. 9, s. 362; 2006, c. 36, s. 207; 2010, c. 5, s. 165.

§ 2 . — Credit

2000, c. 5, s. 271.

1029.8.118. An eligible individual, for a taxation year, who is resident in Québec on 31 December of that year and who files a fiscal return under section 1000 for that year is deemed to have paid to the Minister, on the eligible individual’s balance-due day for that year, on account of the eligible individual’s tax payable for the year under this Part, an amount equal to the amount determined by the formula

A − B.

In the formula provided for in the first paragraph,

(a)  A is the lesser of $1,000 and the total of

i.  the product obtained by multiplying by the factor specified in the third paragraph for the taxation year the amount determined in accordance with section 752.0.11 for the purpose of computing the tax payable under this Part by the eligible individual for the taxation year, and

ii.  25% of the aggregate of all amounts each of which is an amount deductible under section 358.0.1 in computing the income of the eligible individual for the taxation year; and

(b)  B is 5% of the amount by which the individual’s family income for the year exceeds $18,600.

The factor to which the second paragraph refers is

(a)  25/22, where the taxation year is the year 2000;

(b)  25/20.75, where the taxation year is the year 2001;

(c)  25/20, where the taxation year is the year 2002 or a subsequent taxation year.

For the purposes of this section, an individual who was resident in Québec immediately before the individual’s death is deemed to be resident in Québec on 31 December of the year in which the individual died.

For the purposes of the definition of “family income” in the first paragraph of section 1029.8.117, where an individual was not resident in Canada throughout a taxation year, the individual’s income for the year is deemed to be equal to the income that would be determined in respect of the individual for the year under this Part if the individual had been resident in Québec and in Canada throughout the year.

2000, c. 5, s. 271; 2001, c. 51, s. 198; 2001, c. 53, s. 228; 2003, c. 9, s. 363; 2005, c. 1, s. 268; 2005, c. 38, s. 289; 2006, c. 36, s. 208.

DIVISION II.19 CREDIT FOR TOP-LEVEL ATHLETES

2001, c. 51, s. 199.

1029.8.119. In this division, “eligible individual” means an individual who holds a certificate issued by the Minister of Education, Recreation and Sports for a taxation year, certifying that the individual is recognized as an athlete having achieved the “Excellence”, “Élite” or “Relève” performance level, as the case may be, in respect of an individual sport or a team sport in which the individual participated in the year.

2001, c. 51, s. 199; 2003, c. 19, s. 251; 2005, c. 28, s. 196; 2010, c. 25, s. 183.

1029.8.120. An eligible individual resident in Québec at the end of 31 December of a taxation year who encloses the certificate issued to the eligible individual for the year by the Minister of Education, Recreation and Sports with the fiscal return the eligible individual is required to file under section 1000 for the year, or would be required to so file if tax were payable by the eligible individual for that year under this Part, is deemed to have paid to the Minister, on the eligible individual’s balance-due day for the year, on account of the eligible individual’s tax payable for that taxation year under this Part, an amount equal to the aggregate of

(a)  the amount obtained by multiplying $4,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Excellence” performance level in respect of an individual sport in which the eligible individual participated in the year, is of the number of days in the taxation year;

(b)  the amount obtained by multiplying $4,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Élite” performance level in respect of an individual sport in which the eligible individual participated in the year, is of the number of days in the taxation year;

(c)  the amount obtained by multiplying $2,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Relève” performance level in respect of an individual sport in which the eligible individual participated in the year, is of the number of days in the taxation year;

(d)  the amount obtained by multiplying $2,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Excellence” performance level in respect of a team sport in which the eligible individual participated in the year, is of the number of days in the taxation year;

(e)   the amount obtained by multiplying $2,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Élite” performance level in respect of a team sport in which the eligible individual participated in the year, is of the number of days in the taxation year; and

(f)   the amount obtained by multiplying $1,000 by the proportion that the number of days in the year that is specified in the certificate, for which the eligible individual is recognized as having achieved the “Relève” performance level in respect of a team sport in which the eligible individual participated in the year, is of the number of days in the taxation year.

Where, in respect of a particular day of a taxation year, an amount is deemed, because of any of subparagraphs a to f of the first paragraph, to have been paid to the Minister by an eligible individual for the year, no amount may be deemed to have been paid to the Minister by that eligible individual, for the year, in respect of that particular day because of any other of those subparagraphs.

For the purposes of the first paragraph, an eligible individual who was resident in Québec immediately before the eligible individual’s death is deemed to be resident in Québec at the end of 31 December of the year in which the eligible individual died, and no amount shall be deemed to have been paid under the first paragraph to the Minister by the eligible individual in respect of a day that is after the day of death.

2001, c. 51, s. 199; 2003, c. 19, s. 251; 2005, c. 28, s. 196.

1029.8.121. An eligible individual shall not be deemed to have paid to the Minister an amount under this division for a taxation year if the eligible individual is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2001, c. 51, s. 199; 2007, c. 12, s. 213.

DIVISION II.20 CREDIT FOR NEW GRADUATES WORKING IN THE RESOURCE REGIONS

2005, c. 1, s. 269.

§ 1 . — Interpretation and general

2005, c. 1, s. 269.

1029.8.122. In this division,

“base period” of an individual means the first 52 weeks of the aggregate of all periods each of which is a period during which the individual

(a)  holds eligible employment the duties of which are related to a business carried on by the employer in an eligible region; and

(b)  ordinarily performs the duties relating to that eligible employment in an eligible region;

“eligible employment” of an individual means an office or employment that the individual begins to hold in the 24-month period that follows the date on which the individual successfully completes the courses and, where applicable, the internships leading to the awarding of a recognized diploma, or is awarded a recognized diploma that is a master’s or doctoral degree under an educational program requiring the writing of an essay, dissertation or thesis if

(a)  the individual begins to perform the duties relating to the office or employment after 11 March 2003;

(b)  on taking up employment, the duties relating to that office or employment must ordinarily be performed in an eligible region and be related to a business carried on by the employer in that eligible region; and

(c)  the knowledge and skills obtained in the course of that training or program are related to the duties performed by the individual in connection with the office or employment;

“eligible region” means

(a)  one of the following administrative regions described in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1):

i.  administrative region 01 Bas-Saint-Laurent,

ii.  administrative region 02 Saguenay–Lac-Saint-Jean,

iii.  administrative region 08 Abitibi-Témiscamingue,

iv.  administrative region 09 Côte-Nord,

v.  administrative region 10 Nord-du-Québec, or

vi.  administrative region 11 Gaspésie–Îles-de-la-Madeleine;

(b)  one of the following regional county municipalities:

i.  Municipalité régionale de comté d’Antoine-Labelle,

ii.  (subparagraph repealed);

iii.  Municipalité régionale de comté de La Vallée-de-la-Gatineau,

iv.  Municipalité régionale de comté de Mékinac, or

v.  Municipalité régionale de comté de Pontiac; or

(c)  the urban agglomeration of La Tuque, as described in section 8 of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001);

“recognized diploma” means

(a)  an attestation of vocational education, a diploma of vocational studies or an attestation of vocational specialization, awarded by the Minister of Education, Recreation and Sports;

(b)  a diploma of college studies in technical training awarded by the Minister of Education, Recreation and Sports or by a college-level educational institution to which the Minister of Education, Recreation and Sports has delegated the responsibility of awarding such a diploma;

(c)  an attestation of college studies in technical training awarded by a college-level educational institution of Québec;

(d)  an undergraduate or graduate diploma or degree awarded by a Québec university;

(e)  a diploma awarded by an educational institution situated outside Québec that is considered, following a comparative assessment carried out by the Minister of Immigration and Cultural Communities, to be comparable to one of the diplomas referred to in paragraphs a to d; or

(f)  an attestation of studies for a post-secondary educational program of the Conservatoire de musique et d’art dramatique du Québec, the École du Barreau du Québec, the École nationale de police du Québec or the National Theatre School of Canada.

2005, c. 1, s. 269; 2005, c. 24, s. 51; 2005, c. 28, s. 195; 2006, c. 13, s. 196; 2006, c. 36, s. 209.

1029.8.123. For the purposes of the definition of “eligible employment” in section 1029.8.122, in relation to an individual, where, at a particular time, an employer of the individual, in this paragraph referred to as the “new employer”, immediately succeeds another employer of the individual, in this paragraph referred to as the “former employer”, as a consequence of the formation or winding-up of a corporation or of the acquisition of a major portion of the property of a business or of a separate part of a business, without there being an interruption of the services provided by the individual, the new employer is deemed to be the same as the former employer.

2005, c. 1, s. 269.

§ 2 . — Credit

2005, c. 1, s. 269.

1029.8.124. An individual who, at the end of 31 December of a taxation year preceding the taxation year 2006, is resident in Québec in an eligible region and encloses with the fiscal return the individual is required to file under section 1000 for the year, or would be required to so file if tax were payable by the individual for that year under this Part, the prescribed form containing the prescribed information is deemed to have paid to the Minister, on the individual’s balance-due day for the year, on account of the individual’s tax payable for that year under this Part, an amount equal to the lesser of

(a)  40% of the aggregate of all amounts each of which is the salary or wages of the individual for the year from an eligible employment and attributable to the individual’s base period; and

(b)  the amount by which $8,000 exceeds the aggregate of all amounts each of which is an amount that the individual is deemed to have paid to the Minister, under this section, for a preceding taxation year.

For the purposes of the first paragraph, an individual who was resident in Québec in an eligible region immediately before the individual’s death is deemed to be resident in Québec in an eligible region at the end of 31 December of the year in which the individual died.

2005, c. 1, s. 269; 2006, c. 36, s. 210.

1029.8.125. An individual shall not be deemed to have paid to the Minister an amount under section 1029.8.124 for a taxation year if the individual is exempt from tax for the year under section 982 or 983 or under any of subparagraphs a to d and f of the first paragraph of section 96 of the Act respecting the Ministère du Revenu (chapter M-31).

2005, c. 1, s. 269; 2007, c. 12, s. 214.

DIVISION II.21 CREDIT TO PROMOTE EDUCATION SAVINGS

2009, c. 5, s. 480.

§ 1 . — Interpretation

2009, c. 5, s. 480.

1029.8.126. In this division,

“amount of eligible contributions” in respect of a beneficiary under an education savings plan for a taxation year means the amount that is the aggregate of all contributions each of which is a contribution made to the plan in the year by or on behalf of a subscriber under the plan in respect of the beneficiary, provided that the contribution has not been withdrawn from the plan at the time the application referred to in subparagraph a of the second paragraph of section 1029.8.128 is made, and provided that the beneficiary is under 17 years of age at the end of the preceding year and, if the beneficiary is 16 or 17 years of age at the end of the year, that the beneficiary is an eligible beneficiary for the year;

“beneficiary” has the meaning assigned by section 890.15;

“brother” includes, without reference to section 1, a person who is the son of the spouse of the father or mother of the beneficiary;

“Canada learning bond” has the meaning assigned by subsection 1 of section 2 of the Canada Education Savings Act (S.C. 2004, c. 26);

“CES grant” has the meaning assigned by subsection 1 of section 2 of the Canada Education Savings Act;

“CLB account” has the meaning assigned by section 1 of the Canada Education Savings Regulations (SOR/2005-151) made under the Canada Education Savings Act;

“cohabiting spouse” has the meaning assigned by section 1029.8.61.8;

“education savings incentive account” of a registered education savings plan means an account that includes any amount received by a trust governed by the plan on account of an education savings incentive under section 1029.8.128;

“education savings incentive agreement” means the agreement described in section 1029.8.140;

“education savings plan” has the meaning assigned by section 890.15;

“educational assistance payment” has the meaning assigned by section 890.15;

“eligible beneficiary” for a taxation year means a beneficiary who is 16 or 17 years of age at the end of the year and in respect of whom

(a)  a CES grant has been paid for the year in relation to a contribution made in the year in respect of the beneficiary to a registered education savings plan;

(b)  (paragraph repealed);

(c)  in the case of the year 2007, a registered education savings plan existed in at least four years before the year 2007; or

(d)  in the case of the year 2008 and if the beneficiary reached 17 years of age in that year, a registered education savings plan existed in at least four years before the year 2007;

“grant account” has the meaning assigned by section 1 of the Canada Education Savings Regulations;

“increase amount” for a taxation year means, provided that an education savings plan has only one beneficiary or, if it has more than one, that those beneficiaries are brothers and sisters,

(a)  if the applicable family income for the year in respect of the beneficiary is not more than $37,500, the lesser of $50 and 10% of the amount of eligible contributions in respect of the beneficiary under the plan for the year;

(b)  if the applicable family income for the year in respect of the beneficiary is greater than $37,500 but does not exceed $75,000, the lesser of $25 and 5% of the amount of eligible contributions in respect of the beneficiary under the plan for the year; and

(c)  in any other case, zero;

“promoter” has the meaning assigned by paragraph b of the definition of “education savings plan” in section 890.15;

“sister” includes, without reference to section 1, a person who is the daughter of the spouse of the father or mother of the beneficiary;

“subscriber” has the meaning assigned by section 890.15;

“trust” has the meaning assigned by section 890.15.

For the purposes of the definition of “amount of eligible contributions” in the first paragraph, a contribution made to an education savings plan in a taxation year does not include the portion of the contribution that—if added to the other contributions made or deemed to be made, for the purposes of Part X.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), to registered education savings plans in respect of the beneficiary, in the year or a preceding taxation year—exceeds the RESP lifetime limit for the year, within the meaning assigned by subsection 1 of section 204.9 of that Act.

2009, c. 5, s. 480; 2010, c. 5, s. 166.

1029.8.127. For the purposes of the definition of “increase amount” in the first paragraph of section 1029.8.126, the applicable family income for a particular taxation year in respect of a beneficiary means

(a)  if only one individual is entitled to receive, for the first month of the year that follows the particular taxation year and in respect of the beneficiary, an amount deemed under section 1029.8.61.18 to be an overpayment of the individual’s tax payable, the aggregate of the individual’s income for the taxation year that precedes the particular taxation year and the income, for that preceding taxation year, of the individual’s cohabiting spouse at the beginning of that month; or

(b)  if more than one individual is entitled to receive, for the first month of the year that follows the particular taxation year and in respect of the beneficiary, an amount deemed under section 1029.8.61.18 to be an overpayment of the individual’s tax payable, one half of the aggregate of the income of each of those individuals for the taxation year that precedes the particular taxation year and the income, for that preceding taxation year, of each cohabiting spouse, at the beginning of that month, of each of those individuals.

For the purposes of the first paragraph, the applicable family income for a particular taxation year in respect of a beneficiary is deemed to be equal to zero if the beneficiary is lodged or sheltered pursuant to the law at the beginning of the first month of the year that follows the particular taxation year.

2009, c. 5, s. 480.

§ 2 . — Credit

2009, c. 5, s. 480.

1029.8.128. Subject to sections 1029.8.131 to 1029.8.134, if a trust governed by an education savings plan is resident in Québec at the end of a taxation year and the conditions set out in the second paragraph are met, an amount equal to the aggregate of the following amounts is deemed, at the end of the year and in respect of each beneficiary under the plan who is resident in Québec at the end of the year, to be an overpayment of the trust’s tax payable for that year under this Part (in this division referred to as the “education savings incentive”):

(a)  the least of

i.  10% of the amount of eligible contributions in respect of the beneficiary for the year,

ii.  $500, and

iii.  the unused CES grant room for the beneficiary for the year; and

(b)  the increase amount in respect of the beneficiary for the year.

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

(a)  the trustee under the plan files with the Minister an application for the education savings incentive in the manner described in the education savings incentive agreement

i.  on or before the 90th day that follows the end of the year, or

ii.  within such longer period as the Minister considers reasonable but not after 31 December of the third year that follows the year for which the education savings incentive is claimed; and

(b)  at the time the application referred to in subparagraph a is made,

i.  the plan is a registered education savings plan,

ii.  the education savings incentive agreement is applicable in respect of the plan, and

iii.  if the plan contract was entered into before 1 January 1999, it meets, at the end of the year, the registering conditions set out in section 895 that apply to a plan whose contract is entered into after 31 December 1998.

2009, c. 5, s. 480.

1029.8.129. For the purposes of section 1029.8.128, a trust governed by an education savings plan is deemed to be resident in Québec at the end of a taxation year if, at the end of that year, it is resident in Canada outside Québec and has as a trustee a person who has an establishment in Québec and if, at the time the application for the education savings incentive is made, the education savings incentive agreement that is applicable in respect of the plan provides that

(a)  the agreement is subject in all respects to the legislation in force in Québec;

(b)  the trustee undertakes to pay to the Minister, on or before the 90th day of the year that follows the year for which it is payable, any tax that the trust is required to pay under Part III.15.1;

(c)  the trustee recognizes the exclusive jurisdiction of the courts of Québec for any matter relating to this division, the agreement or a tax payable by the trust under Part III.15.1; and

(d)  any judgment rendered against the trustee in relation to a matter referred to in paragraph c may be executed against the trustee at an establishment of the trustee situated in Québec.

2009, c. 5, s. 480.

1029.8.130. For the purposes of subparagraph iii of subparagraph a of the first paragraph of section 1029.8.128, the unused CES grant room for a beneficiary for a particular taxation year is equal to the amount determined by the formula

($250 × A) - B.

In the formula in the first paragraph,

(a)  A is the number of years included in the period that begins on 1 January 2007 and ends on 31 December of the particular taxation year and in which the beneficiary is alive, other than any year at the end of which the beneficiary was not resident in Québec; and

(b)  B is the aggregate of all amounts each of which is equal to the amount that would be the amount of the education savings incentive in respect of the beneficiary for any taxation year preceding the particular taxation year if the increase amount were nil.

2009, c. 5, s. 480.

1029.8.131. The amount that a trust may receive on account of an education savings incentive under section 1029.8.128 in respect of a beneficiary for a particular taxation year may not be greater than the amount by which $3,600 exceeds the aggregate of all amounts each of which is the amount by which the aggregate of all amounts each of which is an amount that a particular trust received on account of an education savings incentive under that section in respect of the beneficiary for a taxation year preceding the particular taxation year exceeds the aggregate of all amounts each of which is a tax that the particular trust is required to pay under Part III.15.1 in respect of the beneficiary for the particular taxation year or a preceding taxation year.

2009, c. 5, s. 480.

1029.8.132. If, for a taxation year, more than one trust may receive an amount on account of an education savings incentive under section 1029.8.128 in respect of the same beneficiary, the aggregate of all amounts that may be so received by the trusts for the year under that section may not exceed the amount (in sections 1029.8.133 and 1029.8.134 referred to as the “maximum amount of the education savings incentive for the year in respect of the beneficiary”) that could have been received for the year under section 1029.8.128 by a single trust if the aggregate of all amounts each of which is the amount of eligible contributions in respect of that beneficiary for the year had been made to a single registered education savings plan having only that beneficiary.

2009, c. 5, s. 480.

1029.8.133. If, for a taxation year, more than one trust files with the Minister an application for the education savings incentive, in the manner described in the education savings incentive agreement, within the time provided for in subparagraph i of subparagraph a of the second paragraph of section 1029.8.128, in respect of the same beneficiary, and the aggregate of all amounts each of which would be, but for section 1029.8.132, an amount that each of the trusts may receive on account of an education savings incentive under section 1029.8.128 in respect of that beneficiary, exceeds the maximum amount of the education savings incentive for the year in respect of the beneficiary, the following rules apply:

(a)  the portion of the maximum amount of the education savings incentive for the year in respect of the beneficiary that is attributable, if applicable, to the increase amount must be apportioned among each of the trusts that is entitled to receive an amount deemed to be an overpayment of its tax payable on account of the increase amount in respect of the beneficiary for the year in the proportion that, for each trust, the amount of eligible contributions, up to $500, made for the year in respect of the beneficiary to the registered education savings plan that governs the trust is of the aggregate of all amounts each of which is the amount of eligible contributions, up to $500, made for the year in respect of the beneficiary to each of the registered education savings plans that governs each of those trusts; and

(b)  the portion of the maximum amount of the education savings incentive for the year in respect of the beneficiary that exceeds the increase amount must be apportioned among each of the trusts in the proportion that, for each trust, the amount of the eligible contributions made for the year in respect of the beneficiary to the registered education savings plan that governs the trust is of the aggregate of all amounts each of which is the amount of eligible contributions made for the year in respect of the beneficiary to each of the registered education savings plans that governs each of those trusts.

2009, c. 5, s. 480.

1029.8.134. If, for a taxation year, a trust files with the Minister an application for the education savings incentive, in the manner described in the education savings incentive agreement, within the time provided for in subparagraph ii of subparagraph a of the second paragraph of section 1029.8.128, in respect of a beneficiary under more than one registered education savings plan, the amount that the trust may receive for the year on account of an education savings incentive under that section in respect of that beneficiary may not exceed the aggregate of

(a)  if the trust would be entitled to receive, but for this section, an amount deemed to be an overpayment of its tax payable on account of the increase amount, the amount by which the portion of the maximum amount of the education savings incentive for the year in respect of the beneficiary that is attributable, if applicable, to the increase amount, exceeds any amount that another trust having the same beneficiary has received, for the year and in respect of the beneficiary, and that is deemed to be an overpayment of tax payable on account of the increase amount; and

(b)  the amount by which the portion of the maximum amount of the education savings incentive for the year in respect of the beneficiary that would have been received in respect of the beneficiary by the trust if the increase amount had been nil, exceeds any portion of the maximum amount of the education savings incentive for the year in respect of the beneficiary that would have been received in respect of the beneficiary by any other trust having the same beneficiary if the increase amount had been nil.

2009, c. 5, s. 480.

1029.8.135. If, in a taxation year, a beneficiary under a registered education savings plan (in this section referred to as the “former beneficiary”) is replaced by another beneficiary (in this section referred to as the “new beneficiary”) a contribution made to the plan in the year and after 20 February 2007 by or on behalf of a subscriber under the plan for the former beneficiary is considered to have been made for the new beneficiary if the replacement made in the year is a recognized replacement.

For the purposes of the first paragraph, a recognized replacement means the replacement, at a particular time, of a former beneficiary under a registered education savings plan by a new beneficiary, if

(a)  the new beneficiary had not reached 21 years of age before the particular time and was, at that time, the brother or sister of the former beneficiary; or

(b)  both beneficiaries were, at the particular time, connected by blood relationship or adoption to an original subscriber under the plan and neither of them had reached 21 years of age before the particular time.

2009, c. 5, s. 480.

1029.8.136. If, in a taxation year, a property held by a trust governed by a registered education savings plan (in this section and section 1029.8.137 referred to as the “transferor plan”), is the subject of an authorized transfer to a trust governed by another registered education savings plan (in this section and section 1029.8.137 referred to as the “transferee plan”), the contributions that were made in the year to the transferor plan before the time of the authorized transfer and after 20 February 2007 in respect of a particular beneficiary, are deemed to have been made in the year to the transferee plan by or on behalf of the subscriber under the plan in respect of the particular beneficiary, up to

(a)  if the authorized transfer concerned the aggregate of the properties held by the trust governed by the transferor plan and the particular beneficiary is the only beneficiary under the transferee plan at the time of the transfer, the aggregate of the contributions made in the year, after 20 February 2007 and before the time of the transfer, in respect of any beneficiary under the transferor plan;

(b)  if the authorized transfer concerned the aggregate of the properties held by the trust governed by the transferor plan and the transferee plan has more than one beneficiary at the time of the transfer, the particular beneficiary’s share, established according to the apportionment provided for in the transferee plan, of the aggregate of the contributions made in the year, after 20 February 2007 and before the time of the transfer, in respect of any beneficiary under the transferor plan;

(c)  if the authorized transfer concerned a portion of the properties held by the trust governed by the transferor plan, other than properties included in a CLB account, and if the particular beneficiary is the only beneficiary under the transferee plan at the time of the transfer, the proportion of the aggregate of the contributions made in the year, after 20 February 2007 and before the time of the transfer, in respect of any beneficiary under the transferor plan, that, at the time of the transfer, the value of the properties transferred is of the value of all the properties held by the trust governed by the transferor plan, other than those included in a CLB account; and

(d)  if the authorized transfer concerned a portion of the properties held by the trust governed by the transferor plan, other than properties included in a CLB account, and if the transferee plan has more than one beneficiary at the time of the transfer, the particular beneficiary’s share, established according to the apportionment provided for in the transferee plan, in the proportion of the aggregate of the contributions made in the year, after 20 February 2007 and before the time of the transfer, in respect of any beneficiary under the transferor plan, that, at the time of the transfer, the value of the properties transferred is of the value of all the properties held by the trust governed by the transferor plan, other than those included in a CLB account.

For the purposes of the first paragraph, an authorized transfer means the transfer of properties held by a trust governed by a transferor plan to a trust governed by a transferee plan, if

(a)  a beneficiary under the transferee plan

i.  was, immediately before the transfer, a beneficiary under the transferor plan, or

ii.  had not reached, at the time of the transfer, 21 years of age and was, immediately before the transfer, the brother or sister of a beneficiary under the transferor plan;

(b)  at the time of the transfer

i.  the transferee plan had only one beneficiary or, if it had more than one, every beneficiary was a brother or sister of every other beneficiary, or

ii.  no amount deemed to be an overpayment of its tax payable on account of the increase amount had been received by the trust governed by the transferor plan; and

(c)  the transferee plan meets the conditions for registration set out in section 895 that apply to education savings plans whose contract was entered into after 31 December 1998.

For the purposes of the first paragraph, the contributions made in a year to the transferor plan do not include the contributions that were withdrawn from the plan in the year.

2009, c. 5, s. 480.

1029.8.137. If, in accordance with section 1029.8.136, there is an authorized transfer of properties held by a trust governed by a transferor plan to a trust governed by a transferee plan, the amount determined under the second paragraph must be, at the time of the authorized transfer, debited from the education savings incentive account of the transferor plan and credited to the education savings incentive account of the transferee plan by the trustee under each of those plans.

The amount to which the first paragraph refers is equal to

(a)  if the authorized transfer is described in subparagraph a or b of the first paragraph of section 1029.8.136, the aggregate of the amounts held, at the time of the authorized transfer, in the trust governed by the transferor plan on account of the education savings incentive; and

(b)  if the authorized transfer is described in subparagraph c or d of the first paragraph of section 1029.8.136, the proportion of the aggregate of the amounts held, at the time of the authorized transfer, in the trust governed by the transferor plan on account of the education savings incentive, that, at the time of the transfer, the value of the properties transferred is of the value of all the properties held by the trust governed by the transferor plan, other than those included in a CLB account.

If an amount is credited to the education savings incentive account of the transferee plan under this section, the amount is deemed to have been paid into the trust governed by the transferee plan.

2009, c. 5, s. 480.

1029.8.138. If, in a taxation year, a portion of the properties held by a trust governed by a registered education savings plan (in this section referred to as the “transferor plan”), other than properties included in a CLB account, is paid into another trust governed by another registered education savings plan by means of a transfer, the proportion of the aggregate of the contributions made in the year, after 20 February 2007 and before the time of the transfer, in respect of any beneficiary under the transferor plan, that, at the time of the transfer, the value of the properties transferred is of the value of all the properties held by the trust governed by the transferor plan, other than those included in a CLB account, is deemed to have been withdrawn from the transferor plan before the end of the year.

2009, c. 5, s. 480.

1029.8.139. In a particular taxation year, the withdrawal of contributions made to a registered education savings plan is deemed to be made in the following order:

(a)  contributions made in the particular taxation year and, if the particular taxation year is the year 2007, after 20 February 2007, in the order in which they were made;

(b)  contributions that were made in a taxation year preceding the particular taxation year and that gave rise to entitlement to the education savings incentive, in the order in which they were made;

(c)  contributions that were made after 20 February 2007 in a taxation year preceding the particular taxation year and that did not give rise to entitlement to the education savings incentive, in the order in which they were made; and

(d)  contributions made before 21 February 2007.

2009, c. 5, s. 480.

§ 3 . — Administrative provisions

2009, c. 5, s. 480.

1029.8.140. An education savings incentive agreement means a written agreement that must be entered into between the Minister and the trustee under a trust governed by an education savings plan and under which the trustee undertakes, in particular,

(a)  to provide the Minister with the information that the Minister requires for the purposes of this division, including the name, address and social insurance number of each beneficiary;

(b)  to maintain a record containing the information enabling the determination of any amount relating to the education savings incentive;

(c)  to keep an education savings incentive account and to credit to that account any amount received by the trust on account of the education savings incentive;

(d)  to allow the Minister access to any information relating to contributions made to the plan after 20 February 2007, withdrawals of contributions, transfers and replacements of beneficiaries made after that date;

(e)  in the case of a transfer described in section 1029.8.136, to send to the trustee under the trust governed by the transferee plan the amount of the contributions made to the transferor plan in respect of each of the beneficiaries for the period beginning, as the case may be, on 21 February 2007 if the year of the transfer is the year 2007 or on 1 January of the year of the transfer and ending on the date of the transfer;

(f)  to make no apportionment of the education savings incentive and the income arising from it otherwise than among the beneficiaries under the plan;

(g)  to make no distribution of the properties held by the trust governed by the plan, unless, immediately after the distribution, the fair market value of those properties is equal to or greater than the aggregate of the balances of the education savings incentive account, the grant account, the CLB account and any account of assistance paid in accordance with an agreement entered into with the government of a province under section 12 of the Canada Education Savings Act (S.C. 2004, c. 26), or unless the distribution consists in making an educational assistance payment to a beneficiary under the plan and all of the educational assistance payment is attributable to the education savings incentive, a CES grant and the Canada learning bond;

(h)  to report to the Minister the portion of an educational assistance payment made under the plan that is attributable to the education savings incentive; and

(i)  to charge no fees relating to the plan in respect of the balance of the education savings incentive account.

2009, c. 5, s. 480.

1029.8.141. For the purposes of an education savings incentive agreement, the Minister shall enter into a written agreement with the promoter of an education savings plan under which the promoter undertakes, in particular,

(a)  to provide the plan’s trustee with the information that the Minister requires for the purposes of this division, in particular, the name, address, date of birth, confirmation of the place of residence and social insurance number of each beneficiary under the plan; and

(b)  to charge no fees relating to the plan in respect of the balance of the education savings incentive account.

2009, c. 5, s. 480.

1029.8.142. If an education savings incentive has been received by a trust under section 1029.8.128, the portion of an educational assistance payment made to a beneficiary under the registered education savings plan that is attributable to the education savings incentive is equal to

(a)  if there is accumulated income in the plan at the time the educational assistance payment is made, the lesser of

i.  the amount determined by the formula

A × B/(C - D - E), and

ii.  the amount by which $3,600 exceeds the aggregate of all amounts each of which is an amount determined under subparagraph a or b in respect of an educational assistance payment made previously to the beneficiary under the plan; or

(b)  if there is no accumulated income in the plan at the time the educational assistance payment is made, the lesser of

i.  the amount determined by the formula

A × B/(B + F + G + H), and

ii.  the amount by which $3,600 exceeds the aggregate of all amounts each of which is an amount determined under subparagraph a or b in respect of an educational assistance payment made previously to the beneficiary under the plan.

In the formulas in subparagraph i of subparagraphs a and b of the first paragraph,

(a)  A is the amount of the educational assistance payment made to the beneficiary under the plan;

(b)  B is the balance of the plan’s education savings incentive account immediately before the educational assistance payment is made;

(c)  C is the fair market value of the properties held by the trust governed by the plan, immediately before the educational assistance payment is made or, if applicable, on the prior date agreed on in the education savings incentive agreement applicable to the plan;

(d)  D is the aggregate of the contributions that were made to the plan before the educational assistance payment is made and that have not been withdrawn;

(e)  E is the total of the balance of each CLB account of the other beneficiaries under the plan, immediately before the educational assistance payment is made;

(f)  F is the balance of the CLB account of the beneficiary under the plan, immediately before the educational assistance payment is made;

(g)  G is the balance of the plan’s grant account, immediately before the educational assistance payment is made; and

(h)  H is the aggregate of all amounts paid into the plan under a program administered in accordance with an agreement entered into with the government of a province under section 12 of the Canada Education Savings Act (S.C. 2004, c. 26).

For the purposes of the first paragraph, the portion of an educational assistance payment made to a beneficiary under the plan that is attributable to the education savings incentive is deemed to be equal to zero if

(a)  the beneficiary under the plan is not resident in Québec at the time the educational assistance payment is made; or

(b)  in the case where the plan allows more than one beneficiary at any one time, the beneficiary under the plan became a beneficiary under the plan after reaching 21 years of age, unless, before reaching that age, the beneficiary was a beneficiary under another registered education savings plan that allowed more than one beneficiary at any one time.

2009, c. 5, s. 480.

1029.8.143. If a portion of an educational assistance payment made to a beneficiary under a registered education savings plan is attributable to an education savings incentive, the plan’s trustee shall, at the time the educational assistance payment is made, debit the amount determined under section 1029.8.142 from the plan’s education savings incentive account.

2009, c. 5, s. 480.

1029.8.144. The trustee under a registered education savings plan shall, at the time of the payment by a trust of a tax under Part III.15.1 in relation to the plan, debit the amount of the payment from the plan’s education savings incentive account.

2009, c. 5, s. 480.

1029.8.144.1. Despite any inconsistent provision of any law, a trust governed by a registered education savings plan (in this section referred to as the “transferor plan”) may, in a taxation year, assign the right to claim an amount payable to it under this division for a preceding taxation year to a trust governed by another registered education savings plan (in this section referred to as the “transferee plan”), if

(a)  the assignment is made in the course of an authorized transfer, within the meaning of the second paragraph of section 1029.8.136, of the aggregate of the properties held by the trust governed by the transferor plan to the trust governed by the transferee plan; and

(b)  at the time of the authorized transfer referred to in subparagraph a, an education savings incentive agreement is applicable in respect of the transferee plan.

The assignment is not binding on the State and, as a result, the following rules apply:

(a)  the Minister retains discretion to pay or not to pay the amount to the trust governed by the transferee plan;

(b)  the assignment does not create any liability of the State to the trust governed by the transferee plan; and

(c)  the rights of the trust governed by the transferee plan are subject to the rights conferred on the State by section 31 of the Act respecting the Ministère du Revenu (chapter M-31) and any right to compensation of which the State may avail itself.

2010, c. 5, s. 167.

1029.8.145. Unless otherwise provided in this division, this Book applies, with the necessary modifications, to the application referred to in the second paragraph of section 1029.8.128 as if it were a fiscal return filed under Title I.

2009, c. 5, s. 480; 2010, c. 25, s. 184.

DIVISION II.22 CREDIT FOR HOME IMPROVEMENT AND RENOVATION

This division applies to the taxation year 2009 (2010, c. 5, s. 168, subs. 2).

2010, c. 5, s. 168.

§ 1 . — Interpretation and general

2010, c. 5, s. 168.

1029.8.146. In this division,

“eligible dwelling” of an individual means any of the following dwellings, that is not an excluded dwelling, including an adjoining or incidental structure of the dwelling, built before 1 January 2009 and located in Québec, of which the individual is the owner when the home improvement and renovation expenditures are incurred and that constitutes, at that time, the individual’s principal place of residence:

(a)  an individual house that is detached, semi-detached or a row house;

(b)  a permanently installed manufactured home or mobile home;

(c)  an apartment in an immovable under divided co-ownership; and

(d)  an apartment in a residential duplex or triplex;

“excluded dwelling” means a dwelling that, before recognized home improvement and renovation work was carried out, was the subject of

(a)  a notice of expropriation or a notice of intention to expropriate;

(b)  a reserve for public purposes; or

(c)  a prior notice of the exercise of a hypothecary right registered in the registry office or any other procedure calling the individual’s right of ownership of the dwelling into question;

“home improvement and renovation expenditure” of an individual means an expenditure attributable to the carrying out of recognized home improvement and renovation work provided for in a home renovation agreement entered into in respect of an eligible dwelling of the individual that is

(a)  the cost of labour supplied to carry out the work by the qualified contractor who is a party to the home renovation agreement, including the amount of any goods and services tax and Québec sales tax applicable; or

(b)  the cost of movable property, other than household appliances, that enter into the carrying out of the recognized home improvement and renovation work provided for in the home renovation agreement, including the amount of any goods and services tax and Québec sales tax applicable, if, after the work is carried out, the property

i.  has been incorporated with the eligible dwelling, has lost its individuality and ensures the utility of the dwelling, or

ii.  has been permanently physically attached or joined to the eligible dwelling, without losing its individuality or being incorporated with the eligible dwelling, and ensures the utility of the dwelling;

“home renovation agreement” entered into in respect of an individual’s eligible dwelling means an agreement entered into after 31 December 2008 and before 1 January 2010 between a qualified contractor and the individual or a person who, at the time the agreement is entered into, is either the individual’s spouse or another individual who is the owner of the eligible dwelling, under which the qualified contractor undertakes to carry out recognized home improvement and renovation work in respect of the individual’s eligible dwelling;

“qualified contractor” in relation to a home renovation agreement entered into in respect of an individual’s eligible dwelling means a person or partnership that meets the following conditions:

(a)  at the time the agreement is entered into, the person or partnership has an establishment in Québec and, if the person is an individual, is neither the owner of the eligible dwelling nor the spouse of one of the owners of the eligible dwelling; and

(b)  at the time the recognized home improvement and renovation work is being carried out and if required for the carrying out of such work, the person or partnership is the holder of the appropriate licence issued under the Building Act (chapter B-1.1) and, if applicable, has paid the security provided for under that Act, unless the work is carried out in respect of an eligible dwelling located in a region not served by a road to which the Act respecting roads (chapter V-9) applies;

“qualified expenditure” of an individual, in relation to an eligible dwelling of the individual, means the aggregate of all amounts each of which is a home improvement and renovation expenditure of the individual that is paid, in relation to the eligible dwelling, on or before 30 June 2010 by the individual or the individual’s legal representative, by a person who is the individual’s spouse in the year 2009 or at the time the payment is made, or by any other individual who owns the eligible dwelling at the time the expenditure is incurred;

“recognized home improvement and renovation work” in respect of an individual’s eligible dwelling means the work, other than work related to installing household appliances or that consists exclusively of repair or maintenance work on the dwelling, that is

(a)  refurbishment work done to improve the appearance and functional nature of the dwelling;

(b)  reorganization work that consists in altering the interior distribution of the rooms, openings and divisions of the dwelling without increasing the floor space or cubic content;

(c)  improvement, conversion or expansion work on the dwelling, including the addition of structures adjoining or incidental to the dwelling; or

(d)  work required to restore the land to the condition it was in before the work described in paragraphs a to c was carried out;

“structure” means an ordered assembly of materials placed on or connected to the ground or attached to a dwelling, and intended to be used as a shelter or as support, prop or backing for moving above ground level, but does not include swimming pools, hot tubs, saunas or other similar equipment, or landscaping work on the land such as driveways, walkways, fences, low walls and paving stones used for landscaping.

2010, c. 5, s. 168.

1029.8.147. For the purposes of the definition of “eligible dwelling” in section 1029.8.146, the following rules apply:

(a)  a dwelling that is a manufactured home or a mobile home is considered to be permanently installed only if

i.  it is set on permanent foundations,

ii.  it is served by a waterworks and sewer system, by an artesian well and a septic tank, or by a combination of these as necessary for the supply of drinking water and the drainage of waste water, and

iii.  it is permanently connected to an electrical distribution system;

(b)  a dwelling that is an apartment in an immovable under divided co-ownership or an adjoining structure includes only the portion of the apartment or structure that is a private portion; and

(c)  if the dwelling is an apartment in a residential duplex or triplex and work is carried out in respect of a portion of the duplex or triplex that serves for the common use of the occupants, that portion is considered to be a structure adjoining an individual’s dwelling only if each of the apartments in the duplex or triplex is occupied, at the time the work-related expenditures are incurred, as a principal place of residence by an individual who co-owns the duplex or triplex at the time.

2010, c. 5, s. 168.

1029.8.148. For the purposes of this division, work carried out in respect of an individual’s eligible dwelling can be considered to be recognized home improvement and renovation work only if it is consistent with the policy of the Government referred to in section 2.1 of the Environment Quality Act (chapter Q-2).

2010, c. 5, s. 168.

1029.8.149. For the purpose of determining an individual’s qualified expenditure, the amount of the expenditure is to be reduced by

(a)  an amount that is deductible in computing an individual’s income from a business or property for the year or a subsequent taxation year;

(b)  an amount that is included in the capital cost of a property;

(c)  an amount that is taken into account in computing

i.  an amount that is deducted in computing the tax payable by an individual for the year or a subsequent taxation year under this Part, or

ii.  an amount that is deemed to have been paid to the Minister on account of the tax payable by an individual for the year or a subsequent taxation year under this Part, except an amount that is deemed, under this division, to have been paid to the Minister on account of the tax payable by an individual under this Part; and

(d)  an amount that is government assistance, non-government assistance, a reimbursement or any other form of assistance, including an indemnity paid under an insurance contract, attributable to the expenditure, that the individual or any other person (other than the person acting as a qualified contractor under the home renovation agreement under which the expenditure is incurred) has received, is entitled to receive or may reasonably expect to receive in any taxation year.

2010, c. 5, s. 168.

§ 2 . — Credit

2010, c. 5, s. 168.

1029.8.150. An individual, other than a trust, who is resident in Québec at the end of 31 December 2009 is deemed to have paid to the Minister on the individual’s balance-due day for the individual’s taxation year 2009, on account of the individual’s tax payable under this Part for that year, an amount equal to the lesser of $2,500 and the amount obtained by multiplying 20% by the amount by which the individual’s qualified expenditure in relation to an eligible dwelling of the individual exceeds $7,500, if the individual files with the Minister, together with the fiscal return the individual is required to file for the year, or would be required to so file if tax were payable for the year, the prescribed form containing prescribed information.

For the purposes of the first paragraph, an individual who dies or ceases to be resident in Canada in the taxation year 2009 is deemed to be resident in Québec at the end of 31 December 2009 if the individual was resident in Québec immediately before dying or on the last day the individual was resident in Canada.

The individual shall keep the invoices and other vouchers relating to the recognized home improvement and renovation work in respect of which an amount is included in computing the individual’s qualified expenditure in relation to an eligible dwelling during six years after the end of the last year to which they relate.

2010, c. 5, s. 168.

1029.8.151. If more than one individual is deemed to have paid an amount to the Minister under section 1029.8.150 in relation to the same eligible dwelling, the total of the amounts that each of those individuals is deemed to have paid under that section in relation to the eligible dwelling may not exceed the particular amount that only one of those individuals would be deemed to have paid to the Minister under that section in relation to the eligible dwelling if the dwelling was an eligible dwelling in respect of that individual only.

If those individuals cannot agree as to what portion of the particular amount each would be deemed to have paid to the Minister under section 1029.8.150, the Minister may determine what portion of that amount is deemed paid by each individual under that section.

2010, c. 5, s. 168.

1029.8.152. If an individual is deemed to have paid an amount to the Minister under section 1029.8.150 in relation to more than one eligible dwelling, the total of the amounts that the individual is deemed to have paid under that section may not exceed $2,500.

2010, c. 5, s. 168.

DIVISION III CREDITS FOR HOLDERS OF A TAXI DRIVER’S OR OWNER’S PERMIT

1984, c. 35, s. 29; 2003, c. 9, s. 364.

§ 1 . — Interpretation

2003, c. 9, s. 364.

1029.9. In this division,

“holder” means

(a)  in respect of a taxi driver’s permit, the person in whose name the taxi driver’s permit is issued; and

(b)  in respect of a taxi owner’s permit, the person in whose name the taxi owner’s permit is issued or, where such a permit is issued in the name of two or more persons, the person among them whom they designate;

“taxi driver’s permit” means such a permit referred to in the Act respecting transportation services by taxi (chapter S-6.01);

“taxi owner’s permit” means such a permit referred to in the Act respecting transportation services by taxi, including a limousine permit or other specialized taxi permit referred to in that Act.

1984, c. 35, s. 29; 1985, c. 25, s. 151; 1986, c. 15, s. 180; 1986, c. 72, s. 13; 1987, c. 67, s. 185; 1992, c. 1, s. 178; 1993, c. 19, s. 257; 1995, c. 63, s. 210; 1997, c. 14, s. 377; 2003, c. 9, s. 365.

§ 2 . — Credits

2003, c. 9, s. 366.

1029.9.1. A taxpayer who is resident in Québec at the end of 31 December of a taxation year, who is a taxpayer referred to in the second paragraph and who files the prescribed form containing the prescribed information along with the fiscal return the taxpayer is required to file for the year under section 1000, or would be so required to file if the taxpayer had tax payable for the year under this Part, is deemed to have paid to the Minister, on the taxpayer’s balance-due day for the year, on account of the taxpayer’s tax payable for that year under this Part, an amount equal to the lesser of the amount established in respect of the taxpayer for that year under section 1029.9.3 and $500.

The taxpayer to whom the first paragraph refers is

(a)  a taxpayer who, at any time in a taxation year, is the holder of a taxi driver’s permit and is not the holder of a taxi owner’s permit on 31 December of that year; or

(b)  a taxpayer who, at any time in a taxation year, is the holder of a taxi driver’s permit and the holder of one or more taxi owner’s permits on 31 December of that taxation year, and has not assumed all or almost all of the fuel cost of bringing into service any motor vehicle attached to at least one of the taxi owner’s permits of which the taxpayer is the holder.

For the purposes of this section, a taxpayer who was resident in Québec immediately before the taxpayer’s death is deemed to be resident in Québec at the end of 31 December of the year in which the taxpayer died.

2003, c. 9, s. 366.

1029.9.2. A taxpayer who, on 31 December of a calendar year in a taxation year, is the holder of one or more taxi owner’s permits in force, assumed in that taxation year all or almost all of the fuel cost of bringing into service any motor vehicle attached to each of those permits, and files the prescribed form containing the prescribed information along with the fiscal return the taxpayer is required to file under section 1000 for that taxation year, or would be so required to file if the taxpayer had tax payable for that taxation year under this Part, is deemed to have paid to the Minister, on the taxpayer’s balance-due day for that taxation year, on account of the taxpayer’s tax payable for that taxation year under this Part, an amount equal to the lesser of the amount established in respect of the taxpayer for that taxation year under section 1029.9.3 and an amount equal to the product obtained by multiplying $500 by the number of such permits of which the taxpayer is the holder on 31 December of the calendar year.

For the purpose of computing the payments that a taxpayer is required to make under section 1025 or 1026, subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 where they refer to that subparagraph a, the taxpayer is deemed to have paid to the Minister, on account of the aggregate of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

(a)  the amount by which the amount determined under the first paragraph for the year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the year but before that date; and

(b)  the amount by which the amount of that payment, determined without reference to this chapter, exceeds the aggregate of all amounts each of which is an amount that is deemed, under this chapter but otherwise than under the first paragraph, to have been paid to the Minister on that date, for the purpose of computing that payment.

2003, c. 9, s. 366.

1029.9.3. The amount to which the first paragraph of sections 1029.9.1 and 1029.9.2 refers in respect of a taxpayer for a taxation year is equal to 2% of the aggregate of

(a)  the taxpayer’s income for the year from employment as a taxi driver, computed before any deduction under Chapter III of Title II of Book III;

(b)  the taxpayer’s gross income for the year from the taxpayer’s business of providing transportation by taxi; and

(c)  the taxpayer’s gross income for the year from the leasing of any motor vehicle attached to a taxi owner’s permit of which the taxpayer is the holder.

2003, c. 9, s. 366.

1029.9.4. For the purposes of this Part and the regulations, the amount that a taxpayer is deemed to have paid to the Minister for a taxation year under section 1029.9.1 or 1029.9.2 is deemed not to be assistance or an inducement received by the taxpayer from a government.

2003, c. 9, s. 366.

1029.10. (Repealed).

1989, c. 5, s. 214; 2003, c. 9, s. 367.

1029.11. (Repealed).

1988, c. 64, s. 587; 1989, c. 5, s. 214; 2003, c. 9, s. 367.

1029.12. (Repealed).

1989, c. 5, s. 214; 2003, c. 9, s. 367.

1029.13. (Repealed).

1989, c. 5, s. 214; 2003, c. 9, s. 367.

1029.14. (Repealed).

1992, c. 1, s. 179; 1997, c. 14, s. 245; 2003, c. 9, s. 367.

1029.15. (Repealed).

1992, c. 1, s. 179; 2003, c. 9, s. 367.

1029.16. (Repealed).

1992, c. 1, s. 179; 2003, c. 9, s. 367.

1029.17. (Repealed).

1992, c. 1, s. 179; 2003, c. 9, s. 367.

1029.18. (Repealed).

1992, c. 1, s. 179; 2003, c. 9, s. 367.

1029.19. (Repealed).

1992, c. 1, s. 179; 2003, c. 9, s. 367.

CHAPTER IV PAYMENT FOLLOWING ASSESSMENT

1972, c. 23.

1030. (Repealed).

1972, c. 23, s. 758; 1983, c. 20, s. 5; 1983, c. 47, s. 5; 1983, c. 49, s. 54; 1986, c. 19, s. 190; 1990, c. 58, s. 1; 1995, c. 1, s. 163.

1031. Notwithstanding any other provision of a fiscal law and subject to the second paragraph, an individual to whom section 785.2 applies who must pay for a taxation year tax exceeding that which would be payable in the absence of the said section may, if he furnishes to the Minister security acceptable to the Minister, elect, in prescribed form on or before the individual’s balance-due day for the taxation year in which the individual ceased to be resident in Canada, to pay all or any portion of such excess in equal annual instalments as specified in the election by the individual.

For the purposes of the first paragraph,

(a)  the number of equal annual instalments provided in the election is deemed to be the lesser of 6 and such other number as is specified in the election by the individual;

(b)  the first instalment shall be paid on or before the individual’s balance-due day for the taxation year in which he ceased to be resident in Canada, and each subsequent instalment shall be paid on or before the anniversary of that day in the years following that year.

Interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) must be paid on every tax instalment so made, from the date on which the tax would otherwise be payable to the day of payment.

1973, c. 17, s. 117; 1974, c. 18, s. 33; 1995, c. 1, s. 164; 1995, c. 49, s. 229; 1997, c. 31, s. 120.

1031.1. Notwithstanding any other provision of a fiscal law, where a day determined under any of subparagraphs a to c of the first paragraph of section 653 in respect of a trust occurs in a taxation year of the trust and the trust is required to pay tax under this Part for that year the amount of which exceeds the amount that, but for those subparagraphs, would otherwise be payable, the trust may, if it so elects in prescribed manner and within the time prescribed and furnishes to the Minister security acceptable to the Minister for payment of any tax the payment of which is deferred by the election, pay all or any portion of such excess in such number, not exceeding ten, of equal consecutive annual instalments as is specified in its election.

The first instalment shall be paid on or before the day on which payment of the tax would, but for the election, have been required to be made and each subsequent instalment shall be paid on or before the anniversary of that day.

Interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) shall be paid on every tax instalment so made, from the date on which payment of the tax would, but for the election, have been required to be made to the day of payment.

1994, c. 22, s. 324; 1995, c. 1, s. 165.

1032. Notwithstanding any other provision of a fiscal law, the legal representative of the individual contemplated by sections 429, 433 to 436, 439 and 444.1 who must pay for a taxation year tax exceeding that which would have been payable in the absence of the said sections may, if he furnishes to the Minister security the latter considers acceptable, elect, in the prescribed manner and within the prescribed time, to pay part or all of such excess in equal consecutive annual instalments, not exceeding ten, as is specified in his election and every payment shall be made on the conditions and at the rate of interest provided for in section 1031.

For the purposes of the first paragraph, the tax for the year shall include the tax that is payable owing to the election referred to in section 429.

1973, c. 17, s. 117; 1979, c. 18, s. 71; 1980, c. 11, s. 54; 1994, c. 22, s. 325; 1995, c. 1, s. 166; 1995, c. 63, s. 211.

1033. Where an amount is included in computing the income of an individual by virtue of paragraph c of section 46 of the Act respecting the application of the Taxation Act (chapter I-4) for the year of his death, section 1032 applies as though that amount were so included by virtue of section 429 or were deemed to have been received by him by virtue of section 436.

1975, c. 22, s. 237.

1033.1. Notwithstanding any other provision of a fiscal law, if a member institution furnishes adequate security to the Minister in relation to, or on behalf of, a deposit insurance corporation within the meaning assigned by sections 804 to 806, the Minister shall, until the day specified in the second paragraph, suspend the payment of the aggregate of

(a)  the tax payable under this Part by the member institution for a taxation year to the extent that the amount of that tax exceeds the amount of tax that would be payable if no amount that the member institution is obliged to repay to the corporation were included, under subparagraph a or b of the first paragraph of section 814, in computing the member institution’s income for the year; and

(b)  interest payable under this Part by the member institution on the amount determined under paragraph a.

The day contemplated in the first paragraph is the earlier of the day on which the obligation referred to in paragraph a of the first paragraph to repay the amount to the corporation is settled or extinguished and the day that is ten years after the end of the year contemplated in such paragraph a .

1989, c. 77, s. 101; 1995, c. 1, s. 167; 1997, c. 3, s. 71.

CHAPTER IV.1 SECURITY FOR DEPARTURE FROM CANADA

2004, c. 8, s. 180.

1033.2. Where, at any particular time in a taxation year, in this section and sections 1033.3 and 1033.4 referred to as the “emigration year”, an individual is deemed by section 785.2 to have disposed of a property, other than a right to a benefit under, or an interest in a trust governed by, an employee benefit plan, and the individual elects, in prescribed manner on or before the individual’s balance-due day for the emigration year, that this section and sections 1033.3 to 1033.6 apply to the emigration year, the following rules apply:

(a)  the Minister shall, until the individual’s balance-due day for a particular taxation year that begins after the particular time, accept security satisfactory to the Minister and furnished by or on behalf of the individual on or before the individual’s balance-due day for the emigration year for the lesser of

i.  the amount determined by the formula

A − B − {[(A − B) / A] × C}, and

ii.  if the particular year is the year that follows the emigration year, the amount determined under subparagraph i, and in any other case, the amount determined under this subparagraph in respect of the individual for the taxation year that precedes the particular year; and

(b)  except for the purposes of the first, second and third paragraphs of section 1038, the following interest and penalties shall be computed as if the particular amount for which security satisfactory to the Minister has been accepted under this section were an amount paid by the individual on account of the particular amount:

i.  interest payable under this Part for any period that ends on the individual’s balance-due day for the particular year and throughout which security is accepted by the Minister, and

ii.  penalties payable under this Part computed with reference to an individual’s tax payable for the year that was, without reference to this subparagraph, unpaid.

In the formula provided for in subparagraph i of subparagraph a of the first paragraph,

(a)  A is the amount of tax that would be payable by the individual under this Part for the emigration year if the exclusion from income or deduction of an amount referred to in the first paragraph of section 1044 were not taken into account;

(b)  B is the amount of tax that would have been so payable by the individual under this Part if each property, other than a right to a benefit under, or an interest in a trust governed by, an employee benefit plan, deemed by section 785.2 to have been disposed of at the particular time, and that has not been subsequently disposed of before the beginning of the particular year, were not deemed by that section to have been disposed of by the individual at the particular time; and

(c)  C is the aggregate of all amounts deemed under this or any other Act to have been paid on account of the individual’s tax payable under this Part for the emigration year.

2004, c. 8, s. 180.

1033.3. For the purposes of section 1033.2, this section and sections 1033.4 to 1033.6, where an individual, other than a trust, elects under section 1033.2 that that section apply in respect of a taxation year, the Minister is deemed to have accepted at any time after the election was made security satisfactory to the Minister for a total amount of tax payable under this Part by the individual for the emigration year equal to the lesser of

(a)  the amount of tax that would be payable for the year by an inter vivos trust resident in Canada, other than a trust described in section 769, the taxable income of which for the year is $50,000; and

(b)  the greatest amount for which the Minister is required to accept security furnished by or on behalf of the individual under section 1033.2 at the particular time in respect of the emigration year.

The security referred to in the first paragraph is deemed to have been furnished by the individual before the individual’s balance-due day for the emigration year.

2004, c. 8, s. 180.

1033.4. Notwithstanding sections 1033.2 and 1033.3, the Minister is deemed at any time not to have accepted security under section 1033.2 in respect of an individual’s emigration year for any amount greater than the amount by which the particular tax that would be payable by the individual under this Part for the year if the exclusion from income or deduction of an amount referred to in the first paragraph of section 1044, in respect of which the date determined in accordance with the second paragraph of that section is after that time, were not taken into account, exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is equal to the particular tax that would be determined under that paragraph if this Act were read without reference to section 785.2.

2004, c. 8, s. 180.

1033.5. Subject to section 1033.11, if it is determined at any particular time that security accepted by the Minister under section 1033.2 is not adequate to secure the particular amount for which it was furnished by or on behalf of an individual, the following rules apply:

(a)  subject to a subsequent application of this section, the security shall be considered after the particular time to secure only the amount for which it is security considered satisfactory at the particular time;

(b)  the Minister shall notify the individual in writing of the determination and shall accept security satisfactory to the Minister, for all or any part of the particular amount, furnished by or on behalf of the individual within 90 days after the day of notification; and

(c)  any security accepted in accordance with paragraph b is deemed to have been accepted by the Minister under section 1033.2 on account of the particular amount at the particular time.

2004, c. 8, s. 180.

1033.6. If in the opinion of the Minister it would be just and equitable to do so, the Minister may at any time extend

(a)  the time for making an election under section 1033.2;

(b)  the time for furnishing and accepting security under section 1033.2; or

(c)  the 90-day period for the acceptance of security under paragraph b of section 1033.5.

2004, c. 8, s. 180.

1033.7. The rules in the second paragraph apply where

(a)  solely because of the application of section 692, subparagraphs a to c of the first paragraph of section 688 do not apply to a distribution by a trust in a particular taxation year, in this section and section 1033.8 referred to as the “distribution year”, of taxable Canadian property; and

(b)  the trust elects, in prescribed manner on or before the trust’s balance-due day for the distribution year, that this section and sections 1033.8 to 1033.10 apply in respect of the distribution year.

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

(a)  the Minister shall, until the trust’s balance-due day for a subsequent taxation year, accept security satisfactory to the Minister and furnished by or on behalf of the trust on or before the trust’s balance-due day for the distribution year for the lesser of

i.  the amount determined by the formula

A − B − {[(A − B) / A] × C}, and

ii.  if the subsequent year is the year that follows the distribution year, the amount determined under subparagraph i, and in any other case, the amount determined under this subparagraph in respect of the trust for the taxation year that precedes the subsequent year; and

(b)  except for the purposes of the first, second and third paragraphs of section 1038, the following interest and penalties shall be computed as if the particular amount for which security satisfactory to the Minister has been accepted under this section were an amount paid by the trust on account of the particular amount:

i.  interest payable under this Part for any period that ends on the trust’s balance-due day for the subsequent year and throughout which security is accepted by the Minister, and

ii.  penalties payable under this Part computed with reference to the trust’s tax payable for the year that was, without reference to this subparagraph, unpaid.

In the formula provided for in subparagraph i of subparagraph a of the second paragraph,

(a)  A is the amount of tax that would be payable by the trust under this Part for the distribution year if the exclusion from income or deduction of an amount referred to in the first paragraph of section 1044 were not taken into account;

(b)  B is the amount of tax that would be so payable by the individual under this Part if the rules in section 688, other than the election referred to in that section, had applied to each distribution by the trust in the distribution year of property, other than property subsequently disposed of before the beginning of the subsequent year, to which subparagraph a of the first paragraph applies; and

(c)  C is the aggregate of all amounts deemed under this or any other Act to have been paid on account of the trust’s tax payable under this Part for the distribution year.

2004, c. 8, s. 180.

1033.8. Notwithstanding section 1033.7, the Minister is deemed at any time not to have accepted security under that section in respect of a trust’s distribution year for any amount greater than the amount by which the particular tax that would be payable by the trust under this Part for the year if the exclusion from income or deduction of an amount referred to in the first paragraph of section 1044 in respect of which the date determined in accordance with the second paragraph of that section is after that time, were not taken into account, exceeds the amount determined under the second paragraph.

The amount to which the first paragraph refers is equal to the particular tax that would be determined under that paragraph if subparagraphs a to c of the first paragraph of section 688 had applied to each distribution by the trust in the year of property to which subparagraph a of the first paragraph of section 1033.7 applies.

2004, c. 8, s. 180.

1033.9. Subject to section 1033.11, if it is determined at any particular time that security accepted by the Minister under section 1033.7 is not adequate to secure the particular amount for which it was furnished by or on behalf of a trust, the following rules apply:

(a)  subject to a subsequent application of this section, the security shall be considered after the particular time to secure only the amount for which it is security considered satisfactory at the particular time;

(b)  the Minister shall notify the trust in writing of the determination and shall accept security satisfactory to the Minister, for all or any part of the particular amount, furnished by or on behalf of the trust within 90 days after the notification; and

(c)  any security accepted in accordance with paragraph b is deemed to have been accepted by the Minister under section 1033.7 on account of the particular amount at the particular time.

2004, c. 8, s. 180.

1033.10. If in the opinion of the Minister it would be just and equitable to do so, the Minister may at any time extend

(a)  the time for making an election under section 1033.7;

(b)  the time for furnishing and accepting security under section 1033.7; or

(c)  the 90-day period for the acceptance of security under paragraph b of section 1033.9.

2004, c. 8, s. 180.

1033.11. The Minister may, in respect of an election made by an individual under section 1033.2 or 1033.7, accept for any particular period of time security different from, or of lesser value than, that which the Minister would otherwise accept under that section, if, in respect of that period, the Minister determines that the individual cannot, without undue hardship, pay or reasonably arrange to have paid on the individual’s behalf, an amount of tax to which security under that section would relate, and cannot, without undue hardship, furnish or reasonably arrange to have furnished on the individual’s behalf, adequate security under that section.

2004, c. 8, s. 180.

1033.12. In making a determination under section 1033.11, the Minister shall ignore any transaction that is a disposition, lease, encumbrance, hypothec, mortgage or other voluntary restriction by a person or partnership of the person’s or partnership’s rights in respect of a property, if the transaction can reasonably be considered to have been entered into for the purpose of influencing the determination.

2004, c. 8, s. 180; 2005, c. 1, s. 270.

1033.13. The prescription provided for in the first paragraph of section 27.3 of the Act respecting the Ministère du Revenu (chapter M-31) is suspended for the time during which a security is accepted or is deemed to be accepted by the Minister under this chapter.

2004, c. 8, s. 180.

CHAPTER V SOLIDARY LIABILITY TO PAY TAX

1972, c. 23; 1980, c. 13, s. 104.

1034. Where a person transfers property, directly or indirectly, by means of a trust or by any means whatever to a person with whom he is not dealing at arm’s length, a person who is under 18 years of age, or his spouse or a person who, after the transfer, becomes his spouse, the transferee and transferor are solidarily liable to pay a part of the transferor’s tax for each taxation year equal to the amount by which the tax for the year is greater than it would have been if it were not for the operation of sections 456 to 458, 462.1 to 463 and 464 to 467.1, in respect of any income from, or gain from the disposition of, the property so transferred or property substituted therefor.

1972, c. 23, s. 759; 1984, c. 15, s. 234; 1987, c. 67, s. 186; 1989, c. 77, s. 102; 1995, c. 1, s. 168.

1034.0.0.1. Where a particular person or partnership is deemed under section 427.4 to have disposed of a property at any time, the person referred to in subparagraph i or ii of paragraph a of that section is solidarily liable with each other taxpayer to pay a part of the other taxpayer’s liabilities under this Part for each taxation year equal to the amount determined by the formula

A − B.

In the formula provided for in the first paragraph,

(a)  A is the total of amounts payable under this Part by the other taxpayer for the year; and

(b)  B is the amount that would, if the particular person or partnership were not deemed under section 427.4 to have disposed of the property, be determined under subparagraph a in respect of the other taxpayer for the year.

However, nothing under this section is deemed to limit the liability of the other taxpayer under any other provision of this Act.

2000, c. 5, s. 272.

1034.0.0.2. The father or mother of a specified individual is solidarily liable with the individual for the tax required to be added because of section 766.6 in computing the individual’s tax otherwise payable under this Part for a year if, during the year, the father or the mother, as the case may be,

(a)  carried on a business that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(b)  was a specified shareholder of a corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year;

(c)  was a specified shareholder of a corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year;

(d)  was a shareholder of a professional corporation that purchased property or services from a business the income of which is directly or indirectly included in computing the individual’s split income for the year; or

(e)  was a shareholder of a professional corporation, dividends on the shares of the capital stock of which were directly or indirectly included in computing the individual’s split income for the year.

2001, c. 53, s. 229.

1034.0.0.3. If a transferor and a transferee, within the meaning assigned to those expressions by the first paragraph of section 336.8, make a joint election under Chapter II.1 of Title VI of Book III in respect of a split-retirement income amount for a taxation year, determined in their respect for the purposes of that chapter, they are solidarily liable for the tax payable by the transferee under this Part for the year to the extent that that tax payable is greater than it would have been if no amount had been added because of the first paragraph of section 313.11 in computing the income of the transferee under this Part for the year.

2009, c. 5, s. 483.

1034.0.1. Notwithstanding section 1034, the rules mentioned in section 1034.0.2 apply where a taxpayer transfers property to his spouse under a decree, order or judgment of a competent tribunal or under a written separation agreement and where, at the time of the transfer, the taxpayer and his spouse are living apart because of the breakdown of their marriage.

However, nothing in section 1034.0.2 or in this section shall operate to reduce the taxpayer’s liability under any other provision of this Act.

1986, c. 15, s. 181; 1995, c. 1, s. 169; 1995, c. 49, s. 236.

1034.0.2. The rules contemplated in section 1034.0.1 are the following:

(a)  where the property is transferred after 15 February 1984, the transferee shall not be liable to pay under section 1034 any amount in respect of any income from, or gain from the disposition of, the property so transferred or property substituted therefor;

(b)  where the property is transferred before 16 February 1984, and where the transferee would, but for this paragraph, be liable to pay an amount under this Act by virtue of section 1034, the transferee’s liability in respect of that amount shall be deemed to have been discharged on 16 February 1984.

1986, c. 15, s. 181; 1989, c. 77, s. 103.

1034.1. (1)  Where an amount is received out of or under a registered retirement savings plan by an individual other than an annuitant within the meaning of paragraph b of section 905.1 under the plan, and that amount or part thereof would, but for subparagraph i of paragraph a of that section, be received by the individual as a benefit within the meaning of the said paragraph a, the individual and the last annuitant under the plan are solidarily liable to pay a part of the annuitant’s tax under this Part for the year of his death equal to that proportion of the amount by which that tax exceeds the tax that would have been computed but for section 915.2 that the aggregate of all amounts received from the plan by the individual and that would, but for the said subparagraph i, be a benefit, within the meaning of the said paragraph a, received by the taxpayer, is of the amount included under section 915.2 in computing the income of the annuitant.

(2)  Where an amount is received out of or under a registered retirement income fund by an individual, other than an annuitant under the fund, and that amount or part thereof would, but for subparagraph a of the first paragraph of section 961.17, be included in computing the individual’s income for the year of receipt pursuant to the first paragraph of the said section, the individual and the annuitant under the fund are jointly and severally liable to pay a part of the annuitant’s tax under this Part for the year of his death equal to that proportion of the amount by which that tax exceeds the tax that would have been computed but for section 961.17.1 that the aggregate of all amounts each of which is an amount received from the fund by the individual and that would, but for subparagraph a of the first paragraph of section 961.17, be included in computing the individual’s income for the year of receipt pursuant to the first paragraph of the said section is of the amount included pursuant to section 961.17.1 in computing the annuitant’s income.

(2.0.1)  If a taxpayer is deemed under section 467.2 to have received at any time an amount out of or under an annuity that is a qualifying trust annuity with respect to the taxpayer, the taxpayer, the annuitant under the annuity and the policyholder are solidarily liable to pay the part of the taxpayer’s tax under this Part for the taxation year of the taxpayer that includes that time that is equal to the amount by which that tax exceeds the tax that would have been computed in respect of the taxpayer for the year if no amount were deemed under section 467.2 to have been received by the taxpayer out of or under the annuity in the year.

(2.1)  Where an amount required to be included in the income of a taxpayer by virtue of paragraph a of section 890.9 is received by a person with whom the taxpayer is not dealing at arm’s length, that person is solidarily liable with the taxpayer to pay a part of the taxpayer’s tax under this Part for the taxation year in which the amount is received equal to the amount by which the taxpayer’s tax for the year exceeds the amount that would be his tax for the year if the amount had not been received.

(3)  However, this section does not free the annuitant under the plan or fund or the taxpayer, as the case may be, from his liabilities under any other provision of this Act.

1980, c. 13, s. 105; 1988, c. 18, s. 115; 1989, c. 77, s. 104; 1991, c. 25, s. 168; 1995, c. 1, s. 199; 2009, c. 15, s. 353.

1034.2. Where property is transferred at any time by a corporation to a taxpayer with whom the corporation does not deal at arm’s length at that time and the corporation is not entitled because of section 346.3 to deduct an amount under section 346.2 in computing its income for a taxation year because of the transfer or because of the transfer and one or more other transactions, the taxpayer is solidarily liable with the corporation to pay an amount of the corporation’s tax under this Part for the year equal to the amount by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given for the property.

However, nothing in this section limits the liability of the corporation under any other provision of this Act.

1996, c. 39, s. 251; 1997, c. 3, s. 71.

1034.3. Where property is transferred at any time from a taxpayer, in this section referred to as the “transferor”, to another taxpayer, in this section referred to as the “transferee”, with whom the transferor does not deal at arm’s length, the transferor is liable because of this section or section 1034.2, to pay an amount of the tax of another person, in this section referred to as the “debtor”, under this Part, and it can reasonably be considered that one of the reasons of the transfer is to prevent the enforcement of this section or section 1034.2, the transferee is solidarily liable with the transferor and the debtor to pay an amount of the debtor’s tax under this Part equal to the lesser of the amount of such tax that the transferor was liable to pay at that time and the amount by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given for the property.

However, nothing in this section limits the liability of the debtor or the transferor under any provision of this Act.

1996, c. 39, s. 251.

1034.3.1. For the purposes of sections 1034.2 and 1034.3, the fair market value at any time of an undivided interest in a property is deemed to be equal to that proportion of the fair market value of the property at that time that the interest is of all the undivided interests in the property.

2001, c. 53, s. 230.

1034.4. Where, for a taxation year, the Minister has refunded an amount to an individual or has applied an amount to another of the individual’s liabilities, and that amount is greater than the amount that should have been refunded or applied, the individual and the person who, for the year, is the individual’s eligible spouse are solidarily liable for payment of that excess amount, to the extent that the excess amount may reasonably be considered to relate to the application of section 1029.8.105.

However, nothing in this section limits the liability of the individual or the individual’s eligible spouse for the year, where applicable, under any other provision of this Act.

1997, c. 85, s. 273.

1034.5. For the purposes of section 1034.4 and of section 1035 where that section applies in respect of an eligible spouse of an individual in relation to an amount payable under section 1034.4, “eligible spouse” of an individual for a taxation year has the meaning assigned by section 1029.8.101.

1997, c. 85, s. 273; 1999, c. 83, s. 221.

1034.6. Where, for a taxation year, the Minister has refunded an amount to an individual or has applied an amount to another of the individual’s liabilities, and that amount is greater than the amount that should have been refunded or applied, the individual and the person who, for the year, is the individual’s eligible spouse are solidarily liable for payment of that excess amount, to the extent that the excess amount may reasonably be considered to relate to the application of section 1029.8.114 or 1029.8.114.1.

However, nothing in this section limits the liability of the individual or the individual’s eligible spouse for the year, where applicable, under any other provision of this Act.

1999, c. 83, s. 222; 2009, c. 5, s. 484.

1034.7. For the purposes of section 1034.6 and of section 1035 where that section applies in respect of an eligible spouse of an individual in relation to an amount payable under section 1034.6, “eligible spouse” of an individual for a taxation year has the meaning assigned by section 1029.8.110.

1999, c. 83, s. 222.

1034.8. If, for a taxation year, the Minister has refunded an amount to a trust governed by a registered education savings plan or has applied an amount to another of the trust’s liabilities, and that amount is greater than the amount that should have been refunded or applied, a beneficiary in respect of whom an educational assistance payment has been made under the plan is solidarily liable with the trust for payment of the excess amount, to the extent that the excess amount may reasonably be considered to relate to the application of section 1029.8.128 and up to the portion of the educational assistance payment that may reasonably be attributed to the excess amount.

However, nothing in this section limits the liability of the trust or the beneficiary under any other provision of this Act.

2009, c. 5, s. 485.

1034.9. For the purposes of section 1034.8 and section 1035 when that section applies in respect of a beneficiary in relation to an amount payable under section 1034.8, “beneficiary”, “educational assistance payment” and “trust” have the meaning assigned by section 890.15.

2009, c. 5, s. 485.

1034.10. If, in computing taxable income for a taxation year, a taxpayer is required to include an amount in respect of a disability assistance payment, within the meaning assigned by section 905.0.3, that is deemed under subparagraph b or c of the first paragraph of section 905.0.20 to have been made at a particular time from a registered disability savings plan, the taxpayer and each holder, within the meaning assigned by section 905.0.3, of the plan immediately after the particular time are solidarily liable to pay a part of the taxpayer’s tax under this Part for that taxation year that is equal to the amount determined by the formula

A - B.

In the formula in the first paragraph,

(a)  A is the amount of the taxpayer’s tax under this Part for the year; and

(b)  B is the amount that would be the taxpayer’s tax under this Part for the year if no disability assistance payment were deemed by subparagraph b or c of the first paragraph of section 905.0.20 to have been made from a registered disability savings plan at a particular time.

However, this section limits neither the liability of the taxpayer under any other provision of this Act, nor the liability of any holder for the interest that the holder is liable to pay under this Act on an assessment in respect of an amount that the holder is liable to pay because of this section.

2009, c. 15, s. 354.

1035. The Minister may at any time assess a transferee in respect of any amount payable under section 1034, a person in respect of any amount payable under section 1034.0.0.1, an individual in respect of any amount payable under subsections 1 and 2 of section 1034.1 or section 1034.0.0.2, a transferor in respect of any amount payable under section 1034.0.0.3, an annuitant or policyholder in respect of any amount payable under subsection 2.0.1 of section 1034.1, a person in respect of any amount payable by that person under subsection 2.1 of section 1034.1 or section 1034.2 or 1034.3, an eligible spouse of an individual in respect of any amount payable under section 1034.4 or 1034.6, a beneficiary in respect of any amount payable under section 1034.8 or a holder in respect of any amount payable under section 1034.10, and this Book applies, with the necessary modifications, to an assessment made under this section as though it had been made under Title II.

1972, c. 23, s. 760; 1973, c. 17, s. 118; 1980, c. 13, s. 106; 1989, c. 77, s. 105; 1995, c. 63, s. 261; 1996, c. 39, s. 252; 1997, c. 85, s. 274; 1999, c. 83, s. 223; 2000, c. 5, s. 273; 2001, c. 53, s. 231; 2003, c. 9, s. 368; 2009, c. 5, s. 486; 2009, c. 15, s. 355.

1036. If a transferor and a transferee, an annuitant and an individual, a taxpayer and another person, a trust and a beneficiary or a taxpayer and a holder are, under any of sections 1034 to 1034.0.0.3, 1034.1 to 1034.3, 1034.4, 1034.6, 1034.8 and 1034.10, solidarily liable in respect of all or part of a liability of the transferor referred to in section 1034 (in this section referred to as the “transferor concerned”), the transferee referred to in section 1034.0.0.3 (in this section referred to as the “transferee concerned”), the annuitant, the taxpayer or the trust, as the case may be, the following rules apply:

(a)  a payment by, and on account of the liability of, the transferee referred to in section 1034 (in this section referred to as the “other transferee”), the transferor referred to in section 1034.0.0.3 (in this section referred to as the “other transferor”), the individual, the other person, the beneficiary or the holder, as the case may be, discharges, up to the amount of the payment, the solidary liability; and

(b)  a payment by, and on account of the liability of, the transferor concerned, the transferee concerned, the annuitant, the taxpayer or the trust, discharges the liability of the other transferee, the other transferor, the individual, the other person, the beneficiary or the holder, as the case may be, only to the extent that the payment operates to reduce the liability of the transferor concerned, the transferee concerned, the annuitant, the taxpayer or the trust to an amount less than the amount in respect of which the other transferee, the other transferor, the individual, the other person, the beneficiary or the holder is solidarily liable under any of sections 1034 to 1034.0.0.3, 1034.1 to 1034.3, 1034.4, 1034.6, 1034.8 and 1034.10.

1972, c. 23, s. 761; 1980, c. 13, s. 106; 1988, c. 18, s. 116; 1989, c. 77, s. 106; 1995, c. 1, s. 199; 1996, c. 39, s. 253; 1997, c. 85, s. 275; 1999, c. 83, s. 224; 2000, c. 5, s. 274; 2001, c. 53, s. 232; 2009, c. 5, s. 486; 2009, c. 15, s. 356.

1036.1. Where a penalty becomes exigible from a corporation as a result of the operation of any of sections 1049.2.4 to 1049.2.4.2, the corporation and its subsidiary corporation referred to in paragraph b of section 965.11.6 are solidarily liable for the payment of the amount of the penalty.

The Minister may assess the subsidiary corporation referred to in the first paragraph at any time in respect of an amount payable under that paragraph, and this Book applies, with the necessary modifications, to the assessment as if it were determined under Title II.

1987, c. 21, s. 73; 1990, c. 7, s. 170; 1992, c. 1, s. 180; 1995, c. 1, s. 170; 1995, c. 63, s. 261; 1996, c. 39, s. 254; 1997, c. 3, s. 71.

TITLE IV INTEREST

1972, c. 23.

1037. Any tax that is unpaid by a taxpayer on the taxpayer’s balance-due day for the year shall bear interest at the rate fixed under section 28 of the Act respecting the Ministère du Revenu, from the taxpayer’s balance-due day to the day of payment.

1972, c. 23, s. 762; 1972, c. 26, s. 73; 1993, c. 19, s. 132; 1997, c. 31, s. 121.

1037.1. (Repealed).

1988, c. 4, s. 126; 1997, c. 31, s. 122; 1998, c. 16, s. 237.

1038. In addition to the interest payable under section 1037, the taxpayer liable to make a payment under sections 1025 to 1027 shall pay interest, on every payment or part of a payment which he has not made on or before the date of expiry of the time granted for making it, at the rate fixed in section 28 of the Act respecting the Ministère du Revenu (chapter M-31), for the period extending from that date to the day of payment or to the day when he becomes liable to pay interest under section 1037, whichever is earlier.

For the purposes of this section and section 1040, any individual required to make a payment for a particular taxation year under section 1025 is deemed to have been liable to make a payment based on the least of

(a)  the amount by which the tax payable by the individual for the particular year, determined without reference to the specified tax consequences for the particular year, section 313.11 and Chapter II.1 of Title VI of Book III, exceeds the aggregate of

i.  the aggregate of all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the particular year,

ii.  the aggregate of all amounts the individual is deemed under Chapter III.1 of Title III to have paid to the Minister on account of the individual’s tax payable for the particular year, except any such amounts the individual is deemed to have paid under Divisions II to II.3.0.1, II.5.1, II.5.2, II.6.4 to II.6.4.3, II.6.5.2, II.11.1, II.13 if tax is payable by the individual for the particular year under Part I.3.2, and II.17.1 of that chapter and section 1029.9.2, and any such amounts in respect of which section 1029.6.0.1.9 applies, and

iii.  the amount by which the amount the individual is deemed under Division II.11.1 of Chapter III.1 of Title III to have paid to the Minister on account of the individual’s tax payable for the particular year exceeds the individual’s tax payable for the particular year under Part I.3;

(b)  the individual’s basic provisional account, established in accordance with the regulations made under section 1025, for the preceding taxation year, reduced by the aggregate of

i.  the aggregate of all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the preceding taxation year,

ii.  the aggregate of all amounts the individual is deemed under Chapter III.1 of Title III to have paid to the Minister on account of the individual’s tax payable for the particular year, except any such amounts the individual is deemed to have paid under Divisions II to II.3.0.1, II.5.1, II.5.2, II.6.4 to II.6.4.3, II.6.5.2, II.11.1, II.13 if tax is payable by the individual for the particular year under Part I.3.2, and II.17.1 of that chapter and section 1029.9.2, and any such amounts in respect of which section 1029.6.0.1.9 applies, and

iii.  the amount by which the amount the individual is deemed under Division II.11.1 of Chapter III.1 of Title III to have paid to the Minister on account of the individual’s tax payable for the particular year exceeds the individual’s tax payable for the particular year under Part I.3; and

(c)  the amount stated to be the payment to be made by the individual for the particular year in the notice sent to the individual by the Minister.

For the purposes of this section and section 1040, any individual required to make a payment for a particular taxation year under section 1026 is deemed to have been liable to make payments based on a method described in that section 1026, whichever method gives rise to the least total amount required to be paid for the particular year on or before each of the dates referred to in that section 1026, computed in accordance with that method by reference to

(a)  the amount by which the total, on the one hand, of the aggregate of all amounts the individual is deemed under Chapter III.1 of Title III to have paid to the Minister on account of the individual’s tax payable for the particular year, except any such amounts the individual is deemed to have paid under Divisions II to II.3.0.1, II.5.1, II.5.2, II.6.4 to II.6.4.3, II.6.5.2, II.11.1, II.13 if tax is payable by the individual for the particular year under Part I.3.2, and II.17.1 of that chapter and section 1029.9.2, and any such amounts in respect of which section 1029.6.0.1.9 applies, and, on the other hand, of the amount by which the amount the individual is deemed under Division II.11.1 of that chapter to have paid to the Minister on account of the individual’s tax payable for the particular year exceeds the individual’s tax payable for the particular year under Part I.3, is exceeded by any of the following amounts:

i.  the tax payable by the individual for the particular year, determined without reference to the specified tax consequences for the particular year, section 313.11 and Chapter II.1 of Title VI of Book III, reduced by all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the particular year,

ii.  the individual’s basic provisional account, established in accordance with the regulations made under section 1026, for the preceding taxation year, reduced by all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the preceding taxation year, and

iii.  the individual’s basic provisional account, established in accordance with the regulations made under section 1026, for the second preceding taxation year, reduced by all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for the second preceding taxation year and the individual’s basic provisional account, established in the same manner, for the preceding taxation year, reduced by all amounts deducted or withheld under section 1015, but without reference to section 1017.2, in respect of the individual’s income for that preceding taxation year; or

(b)  the amounts stated to be the amounts of instalments payable by the individual for the particular year in the notices sent to the individual by the Minister.

For the purposes of this section and section 1040, any corporation required to make a payment for a taxation year under section 1027 is deemed to have been liable to make payments based on a method described in subparagraph a of the first paragraph of the said section 1027, whichever method gives rise to the least total amount required to be paid for the year on or before each of the dates referred to in the latter subparagraph, computed in accordance with that method by reference to

(a)  the tax payable by the corporation for the year, determined without reference to the specified tax consequences for the year, or the corporation’s first basic provisional account, within the meaning of the regulations under subparagraph i of the said subparagraph, for the year; or

(b)  its second basic provisional account, within the meaning of the regulations under subparagraph ii of the said subparagraph, for the year and its first basic provisional account, within the meaning of the regulations under subparagraph i of the said subparagraph, for the year.

Notwithstanding the first paragraph, a corporation referred to in the sixth paragraph shall not be liable under this section, in respect of the aggregate of all amounts each of which is a payment it is required to make for the year under section 1027, for an amount of interest that is greater than the amount for which it would be liable for the year, in respect of that aggregate, if it had been a qualified corporation, within the meaning of section 737.18.18, for the year.

The corporation to which the fifth paragraph refers is a corporation that is not a qualified corporation, for the purposes of Title VII.2.4 of Book IV, for the year and

(a)  would be such a qualified corporation for the year, but for section 737.18.23; or

(b)  was such a qualified corporation for the preceding taxation year and would be such a qualified corporation for the year, but for section 737.18.23 and if the definition of “qualified corporation” in the first paragraph of that section 737.18.18 were read without reference to paragraph c.

1972, c. 23, s. 763; 1972, c. 26, s. 74; 1973, c. 17, s. 119; 1982, c. 5, s. 186; 1986, c. 15, s. 182; 1986, c. 19, s. 191; 1987, c. 21, s. 74; 1991, c. 8, s. 83; 1992, c. 1, s. 181; 1993, c. 64, s. 172; 1995, c. 1, s. 171; 1995, c. 49, s. 230; 1995, c. 63, s. 212; 1997, c. 3, s. 71; 1997, c. 14, s. 246; 1998, c. 16, s. 238; 1999, c. 83, s. 225; 2000, c. 39, s. 200; 2002, c. 9, s. 120; 2002, c. 40, s. 225; 2002, c. 46, s. 2; 2003, c. 9, s. 369; 2005, c. 1, s. 271; 2007, c. 12, s. 215; 2009, c. 5, s. 487; 2010, c. 5, s. 169; 2010, c. 25, s. 185.

1038.1. Notwithstanding section 1038, the interest payable by a taxpayer under the said section shall not exceed the amount by which the interest that would be payable by the taxpayer under the said section if he had made no payments exceeds the amount obtained by computing interest at the rate fixed under the first paragraph of section 28 of the Act respecting the Ministère du Revenu (chapter M-31) capitalized daily on each payment made by the taxpayer, for the period extending from the day of the payment to the taxpayer’s balance-due day.

1988, c. 4, s. 127; 1997, c. 31, s. 123; 2006, c. 13, s. 197.

1039. For the purposes of section 1038, any payment made during a taxation year under section 1098 or 1100 by a person not resident in Canada or under section 1101 on his behalf by another person is deemed to have been made by that person not resident in Canada during the year as an instalment of tax on the first day on which he was required under this Part to pay such an instalment for the year.

For the purposes of section 1038, the amount deducted by an individual in computing his tax payable under this Part for a taxation year under section 776.17 in respect of his scientific research and experimental development tax credit for the year, within the meaning of paragraph a of section 776.6, is deemed to have been paid by the individual on the last day of the year where he filed, according to the modalities of section 1000, his fiscal return under this Part for the year, or on the day on which he files his fiscal return in other cases.

1975, c. 22, s. 238; 1986, c. 15, s. 183; 1997, c. 14, s. 247; 2005, c. 38, s. 290.

1040. Every taxpayer required to make a payment pursuant to sections 1025 to 1027 shall, in addition to interest payable under section 1038, pay additional interest at the rate of 10% per annum, for the period for which interest is payable under section 1038, on any unpaid payment or part of a payment.

The first paragraph does not apply where the amount paid by a taxpayer is

(a)  where the taxpayer is a corporation, equal to or greater than 90% of the payment the taxpayer was required to make; and

(b)   where the taxpayer is an individual, equal to or greater than 75% of the payment the taxpayer was required to make.

1972, c. 23, s. 764; 1972, c. 26, s. 74; 1973, c. 17, s. 120; 1977, c. 26, s. 114; 1986, c. 15, s. 184; 1989, c. 5, s. 215; 1992, c. 31, s. 2; 1993, c. 19, s. 133; 1993, c. 64, s. 173; 2002, c. 46, s. 3; 2003, c. 9, s. 370; 2005, c. 1, s. 272.

1040.1. Notwithstanding section 1040, the interest payable by a taxpayer under the said section shall not exceed the amount by which the interest that would be payable by the taxpayer under the said section if he had made no payments exceeds the amount obtained by computing interests at the rate of 10% capitalized daily on each payment made by the taxpayer, for the period extending from the day of the payment to the taxpayer’s balance-due day.

1988, c. 4, s. 128; 1989, c. 5, s. 215; 1993, c. 16, s. 336; 1997, c. 31, s. 124.

1041. (Repealed).

1972, c. 23, s. 765; 1993, c. 16, s. 337.

1042. No interest is exigible from a taxpayer on the amount by which the tax payable is increased by a payment made by the Canadian Wheat Board on a participation certificate previously issued to the taxpayer, until one month after the payment is made.

1972, c. 23, s. 766.

1042.1. Where the tax payable under this Part by a taxpayer for a particular taxation year is increased because of one of the following operations, no interest is payable, in respect of the amount of the increase, for the period specified in the second paragraph:

(a)  an adjustment of an income or profits tax payable by the taxpayer to the government of a foreign country or political subdivision of a foreign country;

(b)  a reduction in the amount of taxes that meet the conditions under subparagraphs a to c of the first paragraph of section 772.5.2, that is deductible under section 772.6 or 772.8 in computing the taxpayer’s tax otherwise payable under this Part for the particular year, as a result of the application of section 772.5.2, or, in the case of a corporation, of subsection 4.2 of section 126 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), in respect of a share or debt obligation disposed of by the taxpayer in the taxation year following the particular year; or

(c)  an adjustment of the income tax paid for a taxation year by a designated trust, within the meaning of section 671.5, to the government of a province, other than Québec, in respect of which the taxpayer deducted, under section 772.15, an amount in computing the taxpayer’s tax otherwise payable under this Part for the particular year, other than an adjustment that results from modifications made in computing the designated trust’s income.

The period to which the first paragraph refers is the period

(a)  that ends 90 days after the date on which the taxpayer is first notified of the amount of the adjustment, if subparagraph a of the first paragraph applies;

(b)  before the date of the disposition, if subparagraph b of the first paragraph applies; and

(c)  that ends 90 days after the date on which the designated trust is first notified of the amount of the adjustment, if subparagraph c of the first paragraph applies.

1984, c. 15, s. 235; 2001, c. 53, s. 233; 2004, c. 21, s. 442.

1042.2. (Repealed).

1995, c. 63, s. 213; 1997, c. 3, s. 71; 2000, c. 39, s. 201.

1043. Where the income of a taxpayer for a taxation year or part thereof is from sources in another country and the taxpayer by reason of monetary or exchange restrictions imposed by that country is unable to transfer it to Canada, the Minister may postpone the time of payment of the whole or part of the tax reasonably attributable to the income from sources in that country for a period which he determines, if he is satisfied that the payment of the whole tax for the year would impose extreme hardship on the taxpayer; in such case, no interest is exigible on the payment of tax so postponed for the period determined by the Minister.

However, the payment shall not be so postponed if such income has been, in whole or in part, transferred to Canada, used by the taxpayer for any purpose other than the payment of a tax on such income to the government of that country or has been disposed of by him.

1972, c. 23, s. 767.

1044. Where, for a particular taxation year, a taxpayer is entitled to exclude from the taxpayer’s income under sections 294 to 298 an amount in respect of the exercise of an option in a subsequent taxation year, to exclude from the taxpayer’s income or to deduct an amount by reason of the disposition in a subsequent taxation year of a work of art referred to in section 714.1 or 752.0.10.11.1 by a donee referred to in that section, to deduct an amount relating to a subsequent taxation year, or because of an event in a subsequent taxation year, and referred to in any of paragraphs b to b.1.0.1, c to d.1.0.0.1, d.1.1 and f of section 1012.1, or to deduct an amount under any of sections 785.2.2 to 785.2.4 from the proceeds of disposition of a property because of an election made in a fiscal return for a subsequent taxation year, the tax payable under this Part by the taxpayer for the taxation year is deemed, for the purpose of computing interest payable under sections 1037 to 1040, to be equal to the tax that the taxpayer would have been required to pay if the consequences of the deduction or exclusion of those amounts were not taken into account.

However, the amount by which the tax payable under this Part by the taxpayer for the particular taxation year is reduced as a consequence of the exclusion from the income or the deduction, as the case may be, by an amount described in the first paragraph is, for the purpose of computing interest payable under sections 1037 to 1040, deemed to have been paid by the taxpayer on account of the taxpayer’s tax payable under this Part for the particular taxation year on the latest of

(a)  the day on which an amended fiscal return of the taxpayer or a prescribed form was filed in accordance with any of sections 297, 716.0.1, 752.0.10.15, 1012 and 1054 so as to exclude from his income or to deduct the amount for the particular taxation year;

(b)  where, as a consequence of a request in writing, the Minister assessed the taxpayer’s tax for the year so as to exclude from his income or deduct the amount for the particular taxation year, the day on which the request was made;

(c)  the day immediately following the end of the subsequent taxation year relating to the amount excluded from the taxpayer’s income or deducted for the particular taxation year; and

(d)  the day on which the taxpayer or his legal representative files his fiscal return under this Part for the subsequent taxation year referred to in subparagraph c.

1972, c. 23, s. 768; 1983, c. 49, s. 16; 1985, c. 25, s. 152; 1986, c. 19, s. 192; 1987, c. 67, s. 187; 1988, c. 4, s. 129; 1991, c. 25, s. 169; 1993, c. 64, s. 174; 1995, c. 63, s. 214; 1997, c. 31, s. 125; 2000, c. 5, s. 275; 2002, c. 46, s. 4; 2004, c. 8, s. 181; 2005, c. 23, s. 230; 2005, c. 38, s. 291; 2007, c. 12, s. 216; 2009, c. 15, s. 357.

1044.0.1. Where, for a particular taxation year, a taxpayer has included an amount in computing his income by reason of the disposition in a subsequent taxation year of a work of art referred to in section 714.1 or 752.0.10.11.1 by a donee referred to in either of those sections, his tax payable under this Part for the particular taxation year is deemed, for the purpose of computing interest payable under sections 1037 to 1040, to be equal to the tax that the taxpayer would have been required to pay had he not been entitled to so include that amount.

However, the amount by which the taxpayer’s tax payable under this Part for the particular taxation year is increased by reason of the inclusion of an amount described in the first paragraph is deemed, for the purpose of computing interest payable under sections 1037 to 1040, to have so increased the taxpayer’s tax payable under this Part for the particular taxation year, from the taxpayer’s filing-due date for the subsequent taxation year.

1995, c. 63, s. 215; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

1044.0.2. Where the tax payable under this Part by a taxpayer for a taxation year is more than it otherwise would be because of a consequence for the year, described in paragraph b of the definition of “specified tax consequence” in section 1, in respect of an amount purported to be renounced in a calendar year by a corporation, for the purposes of the provisions of this Part, other than this section, relating to a determination of interest payable under this Part, an amount equal to the additional tax payable is deemed

(a)  to have been paid on the taxpayer’s balance-due day for the taxation year as partial payment of the taxpayer’s tax payable under this Part for the year; and

(b)  to be an excess amount referred to in section 32 of the Act respecting the Ministère du Revenu (chapter M-31) that has been refunded to the taxpayer on account of the taxpayer’s tax payable under this Part for the taxation year,

i.  if section 359.8.1 applies in respect of expenses that the corporation incurred in the calendar year that follows that in which the corporation is purported to have renounced the amount, on 30 April of the calendar year that follows that subsequent calendar year, and

ii.  in any other case, on 30 April of the calendar year that follows that in which the corporation is purported to have renounced the amount.

1998, c. 16, s. 239; 2009, c. 5, s. 488.

1044.1. (Repealed).

1989, c. 5, s. 216; 1994, c. 22, s. 326.

TITLE IV.1 OFFSET OF REFUND INTEREST AND ARREARS INTEREST

2001, c. 53, s. 234.

1044.2. In this Title,

“accumulated overpayment amount” of a corporation for a period means the aggregate of the overpayment amount of the corporation for the period and the refund interest that accrued in respect of the overpayment amount before the effective date for the allocation specified under paragraph b of section 1044.4 by the corporation in its allocation application for the period;

“accumulated underpayment amount” of a corporation for a period means the aggregate of the underpayment amount of the corporation for the period and the arrears interest that accrued in respect of the underpayment amount before the effective date for the allocation specified under paragraph b of section 1044.4 by the corporation in its allocation application for the period;

“arrears interest” means interest computed under section 1037 or paragraph b of section 1044.6;

“overpayment amount” of a corporation for a period means the amount referred to in subparagraph i of paragraph a of section 1044.3 that is refunded to the corporation or the amount referred to in subparagraph ii of paragraph a of section 1044.3 to which the corporation is entitled, other than an amount withheld by the Minister under section 30.1 of the Act respecting the Ministère du Revenu (chapter M-31);

“refund interest” means interest computed under section 1052;

“underpayment amount” of a corporation for a period means the amount referred to in paragraph b of section 1044.3 that is payable by the corporation, on which arrears interest is computed.

2001, c. 53, s. 234; 2004, c. 4, s. 12; 2004, c. 21, s. 443.

1044.3. A corporation may apply in writing to the Minister for the allocation of an accumulated overpayment amount for a period that begins after 31 December 1999 on account of an accumulated underpayment amount for the period if, in respect of tax paid or payable by the corporation under this Part or Parts III.0.1 to III.3, III.6 to III.11, III.14 or VI.2 to VII.2 or tax paid or payable by the corporation under Parts IV, IV.1, VI or VI.1,

(a)  refund interest for the period

i.  is computed on an amount refunded to the corporation, or

ii.  would be computed on an amount to which the corporation is entitled, other than an amount withheld by the Minister under section 30.1 of the Act respecting the Ministère du Revenu (chapter M-31), if that amount were refunded to the corporation; and

(b)  arrears interest for the period is computed on an amount that is payable by the corporation.

2001, c. 53, s. 234; 2004, c. 4, s. 13; 2004, c. 21, s. 444.

1044.4. A corporation’s allocation application referred to in section 1044.3 for a period is deemed not to have been made unless

(a)  it specifies the amount to be allocated, which shall not exceed the lesser of the corporation’s accumulated overpayment amount for the period and its accumulated underpayment amount for the period;

(b)  it specifies the effective date for the allocation, which shall not be earlier than the latest of

i.  the date from which refund interest is computed on the corporation’s overpayment amount for the period, or would be so computed if the overpayment amount were refunded to the corporation,

ii.  the date from which arrears interest is computed on the corporation’s underpayment amount for the period, and

iii.  1 January 2000; and

(c)  it is made on or before the day that is 90 days after the latest of

i.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s overpayment amount to which the application relates,

ii.  the day of sending of the first notice of assessment giving rise to any portion of the corporation’s underpayment amount to which the application relates,

iii.  if the corporation has served a notice of objection to an assessment referred to in subparagraph i or ii, the day of mailing of the notification by the Minister under section 93.1.6 of the Act respecting the Ministère du Revenu (chapter M-31) in respect of the notice of objection,

iv.  if the corporation has appealed, or applied for leave to appeal, from an assessment referred to in subparagraph i or ii to a court of competent jurisdiction, the day on which the court dismisses the application, the application or appeal is discontinued or final judgment is pronounced in the appeal,

v.  the day of sending of the first notice to the corporation indicating that the Minister has determined any portion of the corporation’s overpayment amount to which the application relates, if the overpayment amount has not been determined as a result of a notice of assessment sent before that day, and

vi.  1 April 2001.

2001, c. 53, s. 234; 2004, c. 4, s. 14.

1044.5. The amount to be allocated that is specified by a corporation under paragraph a of section 1044.4 is deemed to have been refunded to the corporation and paid on account of an accumulated underpayment amount on the effective date for the allocation specified by the corporation under paragraph b of section 1044.4.

2001, c. 53, s. 234.

1044.6. If an allocation application in respect of a period is made by a corporation under section 1044.3 and a portion of the amount to be allocated has been refunded to the corporation, the following rules apply:

(a)  a particular amount equal to the aggregate of the following amounts is deemed to have become payable by the corporation on the day on which the portion of the amount to be allocated was refunded to the corporation:

i.  the portion of the amount to be allocated that was refunded to the corporation, and

ii.  refund interest paid or credited to the corporation in respect of the portion of the amount to be allocated that was refunded to the corporation; and

(b)  the corporation shall pay interest at the rate prescribed under section 28 of the Act respecting the Ministère du Revenu (chapter M-31) on the particular amount referred to in paragraph a from the day referred to in that paragraph to the date of payment.

2001, c. 53, s. 234.

1044.7. If a particular allocation of an accumulated overpayment amount under section 1044.5 results in a new accumulated overpayment amount of the corporation for a period, the new accumulated overpayment amount shall not be allocated under this Title unless the corporation so applies in its allocation application for the particular allocation.

2001, c. 53, s. 234.

1044.8. Notwithstanding sections 1010 to 1011, the Minister shall make such assessments, reassessments or additional assessments of tax, interest and penalties payable by the corporation as are necessary for any taxation year to take into account the allocation of amounts under this Title.

2001, c. 53, s. 234.

TITLE V PENALTIES

1972, c. 23.

CHAPTER I FALSE STATEMENTS OR OMISSIONS

2001, c. 51, s. 200.

1045. Every person who fails to make a fiscal return on the prescribed form and within the prescribed time, in accordance with section 1000, 1001, 1003 or 1004, incurs a penalty equal to 5% of the tax unpaid at the time when the return must be filed and an additional penalty of 1% of that unpaid tax for each complete month, not exceeding 12 months, in the period between the time when the return must be filed and the time when it is actually filed.

For the purposes of the first paragraph, the unpaid tax of an individual shall be reduced by the amount of reimbursement or refund to which the individual is entitled for the year under section 220.3 of the Act respecting municipal taxation (chapter F-2.1), section 78 of the Act respecting the Québec Pension Plan (chapter R-9), section 70 of the Act respecting parental insurance (chapter A-29.011), the Act respecting property tax refund (chapter R-20.1) and section 358 of the Act respecting the Québec sales tax (chapter T-0.1).

1972, c. 23, s. 769; 1979, c. 38, s. 26; 1982, c. 5, s. 187; 1983, c. 49, s. 17; 1990, c. 7, s. 171; 1992, c. 31, s. 3; 1993, c. 64, s. 175; 1994, c. 22, s. 327; 1997, c. 14, s. 248; 1999, c. 40, s. 258; 2001, c. 9, s. 129; 2002, c. 46, s. 5; 2004, c. 21, s. 445.

1045.0.1. Notwithstanding section 1045, where the failure referred to in that section results solely from the inclusion, in computing an individual’s income for a particular taxation year, of an amount by reason of the disposition in a subsequent taxation year of a work of art referred to in section 752.0.10.11.1 by a donee referred to in that section, and by reason of the designation, referred to in subparagraph b of the first paragraph of section 752.0.10.13, of an amount in relation to the particular taxation year, section 1045 shall be read with the words “the tax unpaid at the time when the return must be filed” replaced by the words “the tax unpaid on the individual’s filing-due date for the subsequent taxation year in which the disposition was made”.

1995, c. 63, s. 216; 1997, c. 31, s. 126; 2009, c. 5, s. 489.

1045.0.2. (Repealed).

2005, c. 1, s. 273; 2007, c. 12, s. 217.

1045.1. (Repealed).

1989, c. 5, s. 217; 1994, c. 22, s. 328.

1045.2. (Repealed).

1992, c. 1, s. 182; 1997, c. 3, s. 71; 2002, c. 46, s. 6.

1046. (Repealed).

1972, c. 23, s. 770; 2001, c. 7, s. 148; 2002, c. 46, s. 6.

1047. (Repealed).

1972, c. 23, s. 771; 1990, c. 59, s. 346.

1048. (Repealed).

1972, c. 23, s. 780; 1983, c. 49, s. 18.

1049. Every person who, knowingly or under circumstances amounting to gross negligence, has made or has participated in or acquiesced in the making of, a false statement or omission in a return, certificate, statement or answer, in this section referred to as a “return”, made or filed in respect of a taxation year for the purposes of this Act, incurs a penalty equal to the greater of $100 and 50% of the amount by which

(a)  the aggregate of

i.  the tax for the year that would be payable by the person under this Act if

(1)  the person’s taxable income for the year, determined on the basis of the information provided in the return, were computed by adding that portion of the amount determined in the second paragraph that may reasonably be attributed to the false statement or omission, and

(2)  the person’s taxable income for the year were computed by subtracting from the aggregate of all deductions from the tax otherwise payable by the person for the year such portion of any such deduction as may reasonably be attributed to the false statement or omission, and by adding to that aggregate any amount not deducted from the tax otherwise payable by the person for the year and that is deductible under Book V, if the amount that entitles the person to that deduction is wholly applicable to an amount that was not reported by the person in the return and that was required to be included in computing the person’s income for the year, and

ii.  the amount that would be deemed under Divisions II to II.6.15 of Chapter III.1 of Title III to have been paid for the year by the person to the Minister had that amount been determined on the basis of the information provided in the person’s return for the year; exceeds

(b)  the aggregate of

i.  the tax for the year that would have been payable by the person under this Act had it been determined on the basis of the information provided in the person’s return for the year, and

ii.  the amount that would be deemed under Divisions II to II.6.15 of Chapter III.1 of Title III to have been paid for the year by the person to the Minister had that amount been determined on the basis of the information provided in the person’s return for the year but without reference to the false statement or omission.

The amount to which subparagraph 1 of subparagraph i of subparagraph a of the first paragraph refers in respect of the person is the aggregate of

(a)  the amount by which the aggregate of the amounts that were not reported by the person in the return and that were required to be included in computing the person’s income for the year exceeds the aggregate of

i.  the aggregate of the amounts, other than those provided for in section 130, that were not deducted by the person in computing the person’s income for the year reported by the person in the return, were deductible by the person in computing the person’s income under this Act and were wholly attributable to the amounts that were required to be so included in computing the person’s income, and

ii.  the aggregate of the amounts that were not deducted by the person in computing the person’s taxable income for the year reported by the person in the return, were deductible by the person in computing the person’s taxable income under this Act and consist specifically in all or a fraction of the portion of the person’s income for the year represented by the amounts that were required to be so included in computing the person’s taxable income;

(b)  the amount by which the aggregate of amounts deducted by him in computing his income for the year indicated by him in his return exceeds the aggregate of such amounts deductible in computing such income under this Act; and

(c)  the amount by which the aggregate of amounts, other than those provided for in sections 727 to 737, deducted by him in computing his taxable income for the year indicated by him in his return exceeds the aggregate of amounts, other than those provided for in sections 727 to 737, deductible in computing his taxable income for the year under this Act.

For the purposes of the first paragraph, the taxable income of a person for a taxation year, determined on the basis of the information provided in the person’s return, is deemed not to be less than nil.

For the purpose of determining the amount referred to in the second paragraph in respect of a person for a taxation year, the following rules apply:

(a)  the amount otherwise deductible under Division IV of Chapter IV of Title IV of Book III in respect of the person’s precious property loss for a subsequent taxation year is deemed not to be deductible in computing the person’s income for the year;

(b)  the amount that may otherwise be excluded from the person’s income by reason of Division XI of Chapter IV of Title IV of Book III in respect of the exercise of any option in a subsequent taxation year is deemed not to be excluded from the person’s income for the year;

(b.1)  any amount that may otherwise be deducted under section 965.0.3 in computing the person’s income for the year because of the application of section 965.0.4.1 as a consequence of the person’s death in the subsequent taxation year, is deemed not to be deductible in computing the person’s income for the year;

(c)  the amount otherwise deductible in computing the person’s income for the year because of subparagraph a or b of the first paragraph of section 1054 is deemed not to be deductible in computing the person’s income for the year.

1972, c. 23, s. 773; 1978, c. 26, s. 206; 1979, c. 18, s. 72; 1990, c. 59, s. 347; 1993, c. 16, s. 338; 2000, c. 5, s. 276; 2000, c. 39, s. 202; 2001, c. 7, s. 149; 2001, c. 51, s. 201; 2003, c. 9, s. 371; 2005, c. 1, s. 274; 2005, c. 38, s. 292; 2006, c. 13, s. 198; 2007, c. 12, s. 218; 2009, c. 5, s. 490.

1049.0.1. Every person who, knowingly or under circumstances amounting to gross negligence, makes, or acquiesces or participates in the making of, a false statement or omission in any renunciation that was to have been effective at a particular time and that is purported to have been made under section 359.2, 359.2.1, 359.4, 381, 406, 417 or 418.13, otherwise than because of the application of section 359.8, incurs a penalty of 25% of the amount by which the amount set out in the renunciation in respect of Canadian exploration and development expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses exceeds the amount in respect of Canadian exploration and development expenses, Canadian exploration expenses, Canadian development expenses or Canadian oil and gas property expenses, as the case may be, that the corporation was entitled under the applicable section to renounce as of that particular time.

In the first paragraph, a reference to section 381, 406, 417 or 418.13 is a reference to that section as it read in respect of the renunciation.

1988, c. 18, s. 117; 1995, c. 49, s. 231; 1997, c. 3, s. 71; 1998, c. 16, s. 240.

1049.0.1.0.1. Every person who, knowingly or under circumstances amounting to gross negligence, makes, or acquiesces or participates in the making of, a false statement or omission in a statement required to be filed under section 359.15 in respect of a renunciation purported to have been made because of the application of section 359.8 or who fails to file the statement on or before the day that is 24 months after the day on or before which it was required to be filed incurs, in addition to the penalty under section 59 of the Act respecting the Ministère du Revenu (chapter M-31), a penalty equal to 25% of the amount by which the portion of the excess referred to in section 359.15 that was known or that ought to have been known by the person, exceeds

(a)  where this section applies otherwise than because of the person’s failure to file the statement on or before the day that is 24 months after the day on or before which it was required to be filed, the portion of the excess referred to in section 359.15 that is identified in the statement; and

(b)  in any other case, zero.

1998, c. 16, s. 241.

1049.0.1.1. Every person who, knowingly or under circumstances amounting to gross negligence, makes, or participates or acquiesces in the making of, a false statement or omission in a prescribed form required to be filed under section 359.11.1 or 359.12.0.1 incurs a penalty of 25% of the amount by which the assistance required to be reported in respect of a person or partnership in the prescribed form exceeds the assistance reported in the prescribed form in respect of the person or partnership, as the case may be.

1993, c. 16, s. 339; 1997, c. 3, s. 71.

1049.0.2. (Repealed).

1990, c. 59, s. 348; 1993, c. 19, s. 134; 1999, c. 83, s. 226; 2000, c. 5, s. 277.

CHAPTER II MISREPRESENTATION OF A TAX MATTER BY A THIRD PARTY

2001, c. 51, s. 202.

1049.0.3. In this chapter,

“culpable conduct” means an act or a failure to act that

(a)  is tantamount to intentional conduct;

(b)  shows an indifference as to whether this Act or the Cooperative Investment Plan Act (chapter R-8.1.1) is complied with; or

(c)  shows a wilful, reckless or wanton disregard of this Act or of the Cooperative Investment Plan Act;

“false statement” includes a statement that is misleading because of an omission from the statement;

“gross compensation” of a particular person at any time, in respect of a false statement that could be used by or on behalf of another person, means all amounts that the particular person, or any person not dealing at arm’s length with the particular person, is entitled, either absolutely or contingently and either before or after that time, to receive or to obtain in respect of the statement;

“person” includes a partnership;

“subordinate”, in respect of a particular person, includes any other person over whose activities the particular person has direction, supervision or control whether or not the other person is an employee of the particular person or of another person.

For the purposes of the definition of “subordinate” in the first paragraph, if the particular person is a member of a partnership, the other person is not a subordinate of the particular person solely because the particular person is a member of the partnership.

2001, c. 51, s. 202; 2006, c. 37, s. 41.

1049.0.4. For the purposes of this chapter, any reference to a person’s participation includes

(a)  the fact of causing a subordinate to act or to omit information; and

(b)  the fact of knowing of, and not making a reasonable attempt to prevent, the participation of a subordinate in an act or an omission of information.

2001, c. 51, s. 202.

1049.0.5. Every person who makes a statement to another person, in this section and sections 1049.0.6, 1049.0.8 and 1049.0.10 referred to as the “other person”, or assents to, acquiesces in or participates in the making of a statement by or on behalf of the other person, that the person knows, or would reasonably be expected to know but for circumstances amounting to culpable conduct, is a false statement that could be used by or on behalf of the other person for a purpose of this Act, except sections 965.39.1 to 965.39.7, incurs a penalty in respect of the false statement equal to the greater of $1,000 and the lesser of

(a)  the penalty that the other person would incur under section 1049 if the other person had made the statement in a return filed for the purposes of this Act, except sections 965.39.1 to 965.39.7, and had known that the statement was false; and

(b)  the aggregate of $100,000 and the person’s gross compensation, at the time at which the notice of assessment of the penalty is sent to the person, in respect of the false statement that could be used by or on behalf of the other person.

2001, c. 51, s. 202; 2001, c. 53, s. 235; 2006, c. 37, s. 42.

1049.0.5.1. Every person who makes a statement to another person, in this section and sections 1049.0.6, 1049.0.8 and 1049.0.10 referred to as the “other person”, or assents to, acquiesces in or participates in the making of a statement by or on behalf of the other person, that the person knows, or would reasonably be expected to know but for circumstances amounting to culpable conduct, is a false statement that could be used by or on behalf of the other person for a purpose of the Cooperative Investment Plan Act (chapter R-8.1.1) or of sections 965.39.1 to 965.39.7 incurs a penalty in respect of the false statement equal to,

(a)  if the statement is made in the course of planning, selling or promoting an arrangement in relation to the application of the Cooperative Investment Plan Act, the greater of $1,000 and the person’s gross compensation, at the time at which the notice of assessment of the penalty is sent to the person, in respect of the false statement that could be used by or on behalf of the other person; and

(b)  in any other case, $1,000.

2006, c. 37, s. 43.

1049.0.6. For the purposes of sections 1049.0.5 and 1049.0.5.1, a person, in this section referred to as the “advisor”, who acts on behalf of the other person is not considered to have acted in circumstances amounting to culpable conduct in respect of the false statement referred to in that section solely because the advisor relied, in good faith, on information provided to the advisor by or on behalf of the other person or, because of such reliance, failed to verify, correct or investigate the information.

2001, c. 51, s. 202; 2006, c. 37, s. 44.

1049.0.7. For the purposes of this chapter, a person is not considered to have made or furnished, or assented to, acquiesced in or participated in the furnishing of a false statement solely because the person provided clerical services, other than bookkeeping services, or secretarial services in respect of the statement.

2001, c. 51, s. 202.

1049.0.8. For the purposes of this chapter, where a person is assessed a penalty that is referred to in section 1049.0.5 or 1049.0.5.1, the person’s gross compensation at any time in respect of the false statement that could be used by or on behalf of the other person shall exclude the aggregate of all amounts each of which is the amount of a penalty, other than a penalty the assessment of which is deemed to be null because of section 1049.0.9, determined under section 1049.0.5 or 1049.0.5.1, insofar as the false statement was used by or on behalf of that other person, and for which notice of the assessment was sent to the person before that time.

2001, c. 51, s. 202; 2006, c. 37, s. 45.

1049.0.9. For the purposes of this Act, if an assessment of a penalty under section 1049.0.5 or 1049.0.5.1 is vacated, the assessment is deemed to be null from the time it was made.

2001, c. 51, s. 202; 2006, c. 37, s. 46.

1049.0.10. Where an employee, other than a specified employee, works for the other person, the following rules apply:

(a)  sections 1049.0.5 and 1049.0.5.1 do not apply to the employee to the extent that the false statement could be used by or on behalf of the other person for a purpose of this Act; and

(b)  the conduct of the employee is deemed to be that of the other person for the purpose of applying section 1049 to the other person.

2001, c. 51, s. 202; 2004, c. 21, s. 446; 2006, c. 37, s. 47.

1049.0.11. Where a partnership incurs a penalty under section 1049.0.5 or 1049.0.5.1, the following provisions apply, with the necessary modifications, in respect of the penalty as if the partnership were a corporation:

(a)  sections 1005 to 1014, 1034 to 1034.0.2, 1035 to 1044.0.2 and 1051 to 1055.1; and

(b)  sections 14, 14.4 to 14.6, Division II.1 of Chapter III and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31).

2001, c. 51, s. 202; 2006, c. 37, s. 48.

CHAPTER III OTHER PENALTIES AND THEIR APPLICATION

2001, c. 51, s. 202.

1049.1. Where a corporation stipulates falsely, in its final prospectus or an application for exemption from filing a prospectus relating to a share issue, that the issued shares may be included in a stock savings plan described in section 965.2, it incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.6 if the stipulation of the corporation were true, of each share of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

Where a corporation stipulates, in a final prospectus or an application for exemption from filing a prospectus relating to a share issue, in respect of shares that may be included in a stock savings plan described in section 965.2, an adjusted cost other than that determined under section 965.6, it incurs a penalty equal to 25% of the amount by which the adjusted cost so stipulated in respect of each share of the public issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund exceeds the adjusted cost determined under section 965.6 in respect of each such share.

1979, c. 14, s. 5; 1983, c. 44, s. 44; 1985, c. 25, s. 153; 1986, c. 15, s. 185; 1987, c. 21, s. 75; 1988, c. 4, s. 130; 1990, c. 7, s. 172; 1997, c. 3, s. 71.

1049.1.0.1. Where a corporation stipulates falsely, in a final prospectus or an application for exemption from filing a prospectus relating to a convertible security within the meaning of paragraph l of section 965.1, issued as part of a convertible security issue within the meaning of paragraph h.0.1.1 of that section, to a qualifying non-guaranteed convertible security within the meaning of paragraph j.5 of that section, issued as part of a non-guaranteed convertible security issue within the meaning of paragraph g.1 of that section, or to the issue of a preferred share meeting the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, that the share that may be acquired as a result of the exercise of a conversion right conferred on the holder of the convertible security, qualifying non-guaranteed convertible security or preferred share may be included in a stock savings plan described in section 965.2, and it issues the share, the corporation incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.6 if the stipulation of the corporation were true, of each share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1990, c. 7, s. 173; 1997, c. 3, s. 71; 1997, c. 85, s. 276; 1999, c. 83, s. 273.

1049.1.0.2. Where a corporation stipulates, in a final prospectus or an application for exemption from filing a prospectus relating to a convertible security within the meaning of paragraph l of section 965.1, issued as part of a convertible security issue within the meaning of paragraph h.0.1.1 of that section, to a qualifying non-guaranteed convertible security within the meaning of paragraph j.5 of that section, issued as part of a non-guaranteed convertible security issue within the meaning of paragraph g.1 of that section, or to the issue of a preferred share meeting the requirements of paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, in respect of the share that may be acquired as a result of the exercise of a conversion right conferred on the holder of the convertible security, qualifying non-guaranteed convertible security or preferred share, as the case may be, and that may be included in a stock savings plan described in section 965.2, an adjusted cost other than that determined under section 965.6, and it issues the share, the corporation incurs a penalty equal to 25% of the amount by which the adjusted cost so stipulated in respect of each share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund exceeds the adjusted cost determined under section 965.6 in respect of each such share.

1990, c. 7, s. 173; 1997, c. 3, s. 71; 1997, c. 85, s. 276; 1999, c. 83, s. 273.

1049.1.0.3. Where a corporation stipulates falsely, in a final prospectus relating to an issue of non-guaranteed convertible securities, within the meaning of paragraph j.4 of section 965.1, that the issued non-guaranteed convertible security may be included in a stock savings plan described in section 965.2, it incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.6.0.5 if the stipulation of the corporation were true, of each non-guaranteed convertible security of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1992, c. 1, s. 183; 1997, c. 3, s. 71.

1049.1.0.4. Where a corporation stipulates, in a final prospectus relating to an issue of a non-guaranteed convertible security, within the meaning of paragraph j.4 of section 965.1, in respect of non-guaranteed convertible securities that may be included in a stock savings plan described in section 965.2, an adjusted cost other than that determined in their respect under section 965.6.0.5, it incurs a penalty equal to 25% of the amount by which the adjusted cost so stipulated in respect of each non-guaranteed convertible security of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund exceeds the adjusted cost determined under section 965.6.0.5 in respect of each such non-guaranteed convertible security.

1992, c. 1, s. 183; 1997, c. 3, s. 71.

1049.1.0.5. Where a corporation issues a share and does not take the appropriate measures to inform the first purchaser or the dealer with whom the first purchaser has made a stock savings plan arrangement, the corporation is liable to a penalty equal to 25% of the adjusted cost determined under section 965.6 of such share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1992, c. 1, s. 183; 1993, c. 64, s. 176; 1997, c. 3, s. 71; 2003, c. 9, s. 372.

1049.1.1. Where a corporation makes a public issue of shares with the stipulation that they can be included in a stock savings plan and where the shares are not listed on a Canadian stock exchange within 60 days of the date of the receipt for the final prospectus or the exemption from filing a prospectus in respect of their issue, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1988, c. 4, s. 130; 1990, c. 7, s. 174; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

1049.1.2. Where a corporation, as part of an issue of convertible securities, issues a convertible security which its holder, following the exercise of the right of conversion conferred on him by that convertible security, may convert into a share described in section 965.9.1.0.1 with a stipulation that it can be included in a stock savings plan and the share is not listed on a Canadian stock exchange within 60 days after the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of such issue of convertible securities, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share issued following the exercise of the right of conversion conferred on the holder of each convertible security issued and distributed in Québec as part of such issue of convertible securities if, immediately after the moment of issue of each convertible security, such a right was exercised by each holder.

1990, c. 7, s. 175; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

1049.1.3. Where a corporation makes a non-guaranteed convertible security issue, within the meaning of paragraph g.1 of section 965.1, with the stipulation that the non-guaranteed convertible securities may be included in a stock savings plan and where the non-guaranteed convertible securities are not listed on a Canadian stock exchange within 90 days of the date of the receipt for the final prospectus pertaining to their issue, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6.0.5, of each non-guaranteed convertible security of the issue distributed in Québec to an individual, other than a trust, to an investment group or to an investment fund.

1992, c. 1, s. 184; 1997, c. 3, s. 71; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

1049.1.4. Notwithstanding section 1049.1.1, where a corporation referred to in section 965.11.7.1 makes a public issue of preferred shares meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 and the preferred shares are not listed on a Canadian stock exchange within 90 days of the date of the receipt for the final prospectus or the exemption from filing a prospectus in respect of their issue, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each preferred share of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1997, c. 85, s. 277; 1999, c. 83, s. 273; 2001, c. 7, s. 169.

1049.1.4.1. Notwithstanding section 1049.1.1, where a corporation referred to in section 965.11.7.1 makes a public issue of qualifying shares referred to in paragraph a of section 965.9.1.0.4.2, in section 965.9.1.0.4.3, in paragraph a of section 965.9.1.0.5 or in section 965.9.1.0.6 in respect of which the corporation gave the undertaking under section 965.24.1.2.1.1 and where those shares are not listed on a Canadian stock exchange within 60 days after the date on which the corporation demonstrates that the shares are sufficiently distributed among holders, or where the corporation fails to make that demonstration with dispatch, that corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1999, c. 83, s. 227; 2001, c. 7, s. 169.

1049.2. Where a corporation described in section 965.11.1 has made a public share issue and it contravenes section 965.11.2 in respect of that public share issue, it incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1986, c. 15, s. 185; 1987, c. 21, s. 76; 1988, c. 4, s. 131; 1990, c. 7, s. 176; 1997, c. 3, s. 71.

1049.2.0.1. Where a corporation described in section 965.11.1 has made a convertible security issue and it contravenes section 965.11.2 in respect of that convertible security issue, the corporation incurs a penalty equal to the aggregate of

(a)  25% of the adjusted cost, determined under section 965.6, of each share that would be issued as a result of the exercise of the conversion right conferred upon the holder of each convertible security issued as part of that convertible security issue, distributed in Québec and outstanding at the expiry of the period mentioned in section 965.11.2 in respect of that convertible security issue, if such right were exercised by a holder at that time; and

(b)  25% of the adjusted cost, determined under section 965.6, of each share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund, during the period mentioned in section 965.11.2 in respect of that convertible security issue, as a result of the exercise of a conversion right conferred upon the holder of a convertible security issued as part of that convertible security issue.

1990, c. 7, s. 177; 1997, c. 3, s. 71.

1049.2.0.2. Where a corporation described in section 965.11.1 has made a non-guaranteed convertible security issue, within the meaning of paragraph g.1 of section 965.1, and it contravenes section 965.11.2 in respect of that non-guaranteed convertible security issue, it incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6.0.5, of each non-guaranteed convertible security of the issue distributed in Québec to an individual, other than a trust, to an investment group or to an investment fund.

1992, c. 1, s. 185; 1997, c. 3, s. 71.

1049.2.1. (Repealed).

1987, c. 21, s. 76; 1988, c. 4, s. 132; 1989, c. 5, s. 218; 1997, c. 3, s. 71; 2003, c. 9, s. 373.

1049.2.2. (Repealed).

1987, c. 21, s. 76; 1988, c. 4, s. 132; 1989, c. 5, s. 219; 1997, c. 3, s. 71; 2003, c. 9, s. 373.

1049.2.2.0.1. For the purposes of this Title, a share contemplated in section 965.9.1.0.1 that is acquired as a result of the exercise of a conversion right conferred upon the holder of a convertible security issued under an exemption from filing a prospectus granted under section 51 of the Securities Act (chapter V-1.1), or a share contemplated in section 965.9.1.1 that is acquired by an investment fund, is deemed to have been issued with the stipulation that it could be included in a stock savings plan.

1989, c. 5, s. 220; 1990, c. 7, s. 178.

1049.2.2.1. Where a corporation issues, at a particular time, a share of its capital stock with the stipulation that it can be included in a stock savings plan or issues a share in replacement of a share issued at a particular time with such a stipulation or issued in replacement of a share issued in substitution for such a share and, after 16 December 1986, purchases or redeems in any manner whatsoever, directly or indirectly, in the year including the particular time but after that time or in the two years following that year, a share of a class of its capital stock other than a share described in section 965.11.12 or other than a share that has been the subject of a particular transaction referred to in section 965.11.19.1 in respect of which the corporation is not bound to meet the requirement prescribed in the second paragraph of section 965.11.11, it incurs a penalty equal to the amount determined under the second paragraph.

The amount of the penalty prescribed in the first paragraph in respect of a purchase or redemption is equal to the lesser of the following percentages:

(a)  25% of the amount obtained by multiplying the amount of the purchase or redemption by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation issued, in the year of the purchase or redemption but before the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the purchase or redemption and before the time of such purchase or redemption or in the two years preceding that year and distributed in Québec or in replacement of shares issued in substitution for such shares, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation;

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation that were issued, in the year of the purchase or redemption but before the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund;

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not contemplated in subparagraph i, that were issued, in the year of the purchase or redemption but before the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund; and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares contemplated in subparagraph ii, issued in substitution for shares, other than shares contemplated in subparagraph i, that were issued, in the year of the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1988, c. 4, s. 132; 1989, c. 5, s. 221; 1990, c. 7, s. 179; 1997, c. 3, s. 71.

1049.2.2.2. Where shares of the capital stock of a corporation, other than shares that have been the subject of a particular transaction referred to in section 965.11.19.1 in respect of which the corporation is not bound to meet the requirement prescribed in the second paragraph of section 965.11.13, were, at a particular time after 16 December 1986, the subject of a transaction or operation or a series of transactions or operations and where, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or series of transactions or operations is equivalent to the redemption of a share of its capital stock other than a share described in section 965.11.14, the corporation incurs a penalty equal to the amount determined under the second paragraph if it issued, in the year including the particular time but before that time or in the two years preceding that year, a share of its capital stock with the stipulation that it could be included in a stock savings plan or issued a share of its capital stock in replacement of a share issued with such a stipulation in the year including the particular time but before that time or in the two years preceding that year or in replacement of a share issued in substitution for such a share.

The amount of the penalty prescribed in the first paragraph in respect of a transaction or operation or a series of transactions or operations is equal to the lesser of the following percentages:

(a)  25% of the amount obtained by multiplying the amount determined under section 965.11.15 in respect of the transaction, operation or series of transactions or operations by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation which were issued, in the year of the transaction or operation or series of transactions or operations and before the occurrence thereof or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the transaction or operation or series of transactions or operations and before the occurrence thereof or in the two years preceding that year and distributed in Québec, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation;

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund;

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not contemplated in subparagraph i, that were issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund; and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares contemplated in subparagraph ii, issued in substitution for shares, other than shares contemplated in subparagraph i, that were issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1988, c. 4, s. 132; 1989, c. 5, s. 222; 1990, c. 7, s. 180; 1997, c. 3, s. 71.

1049.2.2.3. Where particular shares of the capital stock of a corporation or particular non-guaranteed convertible securities, within the meaning of paragraph j.4 of section 965.1, of a corporation issued with the stipulation that they could be included in a stock savings plan or issued as a replacement for shares or for non-guaranteed convertible securities, within the meaning of the said paragraph j.4, issued with such a stipulation or issued in substitution for such shares or non-guaranteed convertible securities, are, after 16 December 1986 and in the year in which the shares or the non-guaranteed convertible securities issued with such a stipulation were issued or in the two years following that year, the subject of a replacement, without any consideration other than a share or a non-guaranteed convertible security, as the case may be, following a transaction described in section 536, 541 or 544, the corporation incurs a penalty equal to 25% of the amount, if any, by which the aggregate of the average adjusted cost of each such particular share or particular non-guaranteed convertible security distributed in Québec to an individual, other than a trust, to an investment group or to an investment fund, exceeds the aggregate of the adjusted cost of each share or each non-guaranteed convertible security, as the case may be, issued as a replacement for such particular shares or particular non-guaranteed convertible securities, which would have been determined under section 965.6, taking section 965.9.1.0.0.1 into account, or under section 965.6.0.5, as the case may be, if the share or the non-guaranteed convertible security issued as a replacement had been issued at the same time as the particular share or the particular non-guaranteed convertible security.

The first paragraph does not apply to a share that is the subject of a transaction carried out by virtue of an obligation stated in the articles of a corporation before 7 May 1986.

1988, c. 4, s. 132; 1992, c. 1, s. 186; 1997, c. 3, s. 71; 2003, c. 9, s. 374.

1049.2.2.4. For the purposes of the first paragraph of section 1049.2.2.3, the average adjusted cost

(a)  of a particular share of the capital stock of a corporation is equal to the adjusted cost, determined under section 965.6, of the aggregate of the shares of the capital stock of the corporation issued with the stipulation that they could be included in a stock savings plan, divided by the number of such shares;

(b)  of a particular non-guaranteed convertible security issued by a corporation is equal to the adjusted cost, determined under section 965.6.0.5, of the aggregate of the non-guaranteed convertible securities issued by the corporation with the stipulation that they could be included in a stock savings plan, divided by the number of such non-guaranteed convertible securities.

1988, c. 4, s. 132; 1992, c. 1, s. 187; 1997, c. 3, s. 71.

1049.2.2.5. Where a corporation issues a share of its capital stock with the stipulation that it can be included in a stock savings plan, or issues a share of its capital stock in replacement of a share issued with such a stipulation or in replacement of a share issued in substitution for such a share, and the corporation’s net shareholders’ equity is affected, after 16 December 1986, in any manner whatsoever, directly or indirectly, in the year the share issued with such a stipulation was issued but after that issue or in the two years following that year, following a transaction or operation or series of transactions or operations other than that referred to in section 965.11.19 or a particular transaction referred to in section 965.11.19.1 in respect of which the corporation is not bound to meet the requirement prescribed in the second paragraph of section 965.11.17, it incurs a penalty equal to the amount determined under the second paragraph if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or series of transactions or operations is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.11.18.

The amount of the penalty prescribed in the first paragraph in respect of a transaction or operation or a series of transactions or operations is equal to the lesser of the following percentages:

(a)  25% of the amount obtained by multiplying the amount determined under the second paragraph of section 965.11.17 in respect of the transaction, operation or series of transactions or operations by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation which were issued, in the year of the transaction or operation or series of transactions or operations and before the occurrence thereof or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the transaction or operation or series of transactions or operations and before the occurrence thereof or in the two years preceding that year and distributed in Québec, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation;

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund;

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not contemplated in subparagraph i, that were issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund; and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares contemplated in subparagraph ii, issued in substitution for shares, other than shares contemplated in subparagraph i, that were issued, in the year of the transaction or operation or series of transactions or operations but before the occurrence of the transaction or operation or series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1988, c. 4, s. 132; 1989, c. 5, s. 223; 1990, c. 7, s. 181; 1997, c. 3, s. 71.

1049.2.2.5.1. Where a particular corporation has issued a qualifying non-guaranteed convertible security, within the meaning of paragraph j.5 of section 965.1, that may be redeemed or repaid by the particular corporation or purchased by anyone in any manner whatever, under the conditions pertaining to its issue, and, at a particular time before the maturity date of the security or, if there is none, before the date that is 1,825 days after the date of its issue, the security, referred to in this section as a “reference security”, or an accepted security, is either replaced by a security other than an accepted security, or redeemed or repaid by the particular corporation or, where the accepted security has been issued by another corporation, by the other corporation, or purchased by anyone in any manner whatever, the particular corporation, or the other corporation, as the case may be, incurs, in respect of the reference security or the accepted security, as the case may be, except in the case provided for in the fourth paragraph, a penalty equal to the amount determined in its respect under the second paragraph.

The amount of the penalty prescribed in the first paragraph in respect of a reference security or an accepted security, as the case may be, is equal to the amount determined in its respect by the formula

(A × B × C) + (A × B × C × D × E).

For the purposes of the formula set forth in the second paragraph,

(a)  A is

i.  12%, where the reference security is referred to in section 965.6.0.5, other than a security to which subparagraph ii applies, or in paragraph a of that section as that paragraph read before being struck out, or where the accepted security would be referred to therein had it been issued by the particular corporation referred to in the first paragraph at the same time as the reference security, and in its place, as the case may be, or

ii.  6%, where the reference security is referred to in paragraph b of section 965.6.0.5, as that paragraph read before being struck out, or where the accepted security would be referred to therein had it been issued by the particular corporation referred to in the first paragraph at the same time as the reference security, and in its place, as the case may be;

(b)  B is the fraction represented by the ratio between, on the one hand, the number of qualifying non-guaranteed convertible securities, within the meaning of paragraph j.5 of section 965.1, issued as part of the non-guaranteed convertible security issue to which the reference security relates, the custody of which has been entrusted to a dealer under a stock savings plan, which number must correspond to the fraction indicated to that effect by the particular corporation referred to in the first paragraph, in accordance with section 965.24.1.3, at the particular time referred to in the first paragraph, and, on the other hand, the total number of such qualifying non-guaranteed convertible securities issued as part of the non-guaranteed convertible security issue;

(c)  C is the par value of the reference security or, where this section applies in respect of an accepted security issued as part of an issue of several accepted securities as a replacement for a reference security, the result obtained by dividing that par value by the number of such accepted securities so issued, referred to in this paragraph as the “new par value”, or, where this section applies in respect of an accepted security issued as part of an issue of several securities in substitution for such a security so issued, the result obtained by dividing the new par value by the number of such accepted securities so issued;

(d)  D is the rate that would be calculated in accordance with section 1129.8 in respect of the non-guaranteed convertible security issue as part of which the reference security was issued if the said section were read as though the reference therein to subparagraph d of the second paragraph of section 1129.7 were a reference to this subparagraph;

(e)  E is the number of full calendar years included in the period beginning on 1 January in the year following that in which the receipt for the final prospectus pertaining to the non-guaranteed convertible security issue as part of which the reference security was granted and ending on the date that includes the particular time referred to in the first paragraph.

The first paragraph does not apply in respect of a reference security or an accepted security where, under the conditions pertaining to its issue, the consideration received by the holder of the security at the time of redemption, repayment or replacement consists only in shares identical, as to the number and the terms and conditions, rights or other characteristics attached thereto, to those the holder would have obtained in exercising the conversion right conferred on the holder by the security.

1992, c. 1, s. 188; 1997, c. 3, s. 71; 1997, c. 85, s. 278; 1999, c. 83, s. 228.

1049.2.2.5.2. For the purposes of section 1049.2.2.5.1, an accepted security is a particular security issued by a corporation following a transaction described in section 536, 541 or 544, as a replacement for a qualifying non-guaranteed convertible security, within the meaning of paragraph j.5 of section 965.1, referred to in this section as a “replaced security”, or in substitution for such a security so issued, and meeting the requirements set forth in its respect in the second paragraph.

The requirements referred to in the first paragraph, in respect of a particular security, are as follows:

(a)  the conditions pertaining to its issue provide that it may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever;

(b)  it is identical, as to the conditions, rights or other characteristics attached thereto, to the replaced security;

(c)  it carries no maturity date if the replaced security carried none, and if the replaced security carried a maturity date, it carries the same one.

1992, c. 1, s. 188; 1997, c. 3, s. 71.

1049.2.2.5.3. Where a particular corporation referred to in section 965.11.7.1 has issued a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 that may be redeemed or repaid by the particular corporation or purchased by anyone in any manner whatever, under the conditions pertaining to its issue, and, at a particular time before the date that is 1,825 days after the date of its issue, the share, referred to in this section as a “reference share”, or a replaced share, is either replaced by a share other than a replaced share, or redeemed or repaid by the particular corporation or, where the replaced share has been issued by another corporation, by the other corporation, or purchased by anyone in any manner whatever, the particular corporation, or the other corporation, as the case may be, incurs, in respect of the reference share or the replaced share, as the case may be, except in the case provided for in the third paragraph, a penalty equal to the amount determined in its respect by the formula

(A × B × C) + (A × B × C × D × E).

For the purposes of the formula in the first paragraph,

(a)  A is 18%;

(b)  B is the fraction represented by the ratio between, on the one hand, the number of preferred shares meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 issued as part of the public share issue within the framework of which the reference share was issued, the custody of which has been entrusted to a dealer under a stock savings plan, which number must correspond to the fraction indicated to that effect by the particular corporation, in accordance with section 965.24.1.4, at the particular time referred to in that paragraph, and, on the other hand, the total number of such preferred shares issued as part of the issue;

(c)  C is the par value of the reference share or, where this section applies in respect of a replaced share issued as part of an issue of several replaced shares as a replacement for a reference share, the result obtained by dividing that par value by the number of such replaced shares so issued, referred to in this subparagraph as the “new par value”, or, where this section applies in respect of a replaced share issued as part of an issue of several shares in substitution for such a share so issued, the result obtained by dividing the new par value by the number of such replaced shares so issued;

(d)  D is the rate that would be calculated in accordance with section 1129.12.4 in respect of the public share issue as part of which the reference share was issued if the said section were read as though the reference therein to subparagraph d of the second paragraph of section 1129.12.3 were a reference to this subparagraph; and

(e)  E is the number of full calendar years included in the period beginning on 1 January in the year following that in which was granted the receipt for the final prospectus or the exemption from filing a prospectus pertaining to the public share issue as part of which the reference share was issued and ending on the date that includes the particular time referred to in the first paragraph.

The first paragraph does not apply in respect of a reference share or replaced share referred to therein where, under the conditions relating to its issue, the consideration received by its holder at the time of redemption, repayment or replacement consists only in shares identical, as to the number and the terms and conditions, rights or other characteristics attached thereto, to those the holder would have obtained in exercising the conversion right conferred on the holder by the reference share or replaced share, as the case may be.

1997, c. 85, s. 279; 1999, c. 83, s. 273.

1049.2.2.5.4. For the purposes of section 1049.2.2.5.3, a replaced share is a particular share issued by a corporation referred to in section 965.11.7.1 following a transaction described in sections 536, 541 and 544, as a replacement for a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, referred to in this section as a “replaced share”, or in substitution for such a share so issued, and meeting the requirements set forth in its respect in the second paragraph.

The requirements referred to in the first paragraph, in respect of a particular share, are as follows:

(a)  the conditions pertaining to its issue provide that it may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever;

(b)  it is identical, as to the terms and conditions, rights or other characteristics attached thereto, to the replaced share.

1997, c. 85, s. 279; 1999, c. 83, s. 273.

1049.2.2.6. The Minister may, where the Minister so decides, stay the imposition of a penalty under any of sections 1049.2.2.1, 1049.2.2.2 and 1049.2.2.5 in respect of a corporation that plans to carry out or has already carried out a transaction referred to in that section, if the corporation has applied to the Minister to that effect and undertakes to comply with the conditions set out in section 1049.2.2.7.

The Minister may at any time revoke the stay provided for in the first paragraph if he is of opinion that the undertaking of the corporation is compromised.

1988, c. 4, s. 132; 1997, c. 3, s. 71; 2001, c. 7, s. 150; 2003, c. 9, s. 375.

1049.2.2.7. The conditions to be complied with by a corporation referred to in section 1049.2.2.6 are that the corporation must issue shares of its capital stock that meet the requirement under paragraph c of section 965.7 and are not qualifying shares, or that shares of its capital stock must be the subject of a transaction or operation or a series of transactions or operations which, in the opinion of the Minister, can reasonably be believed to be equivalent to the issue of shares of the capital stock of the corporation that meet the requirement under paragraph c of section 965.7, for an amount equal to or greater than the amount of the purchase or redemption referred to in the first paragraph of section 1049.2.2.1 or an amount determined under section 965.11.15 or the second paragraph of section 965.11.17 in respect of a transaction referred to in section 1049.2.2.2 or 1049.2.2.5, as the case may be, on or before the expiry of a period of two years that begins on the day after the beginning of the transaction to which section 1049.2.2.6 refers.

1988, c. 4, s. 132; 1989, c. 5, s. 224; 1997, c. 3, s. 71; 2001, c. 7, s. 151; 2003, c. 9, s. 376.

1049.2.2.8. Notwithstanding sections 1049.2.2.1, 1049.2.2.2 and 1049.2.2.5, where the Minister, pursuant to section 1049.2.2.6, stays the imposition of a penalty on a corporation for a particular transaction and the corporation fulfils, to the satisfaction of the Minister, its undertaking under section 1049.2.2.6, the corporation shall incur no penalty for the transaction.

1988, c. 4, s. 132; 1997, c. 3, s. 71; 2003, c. 9, s. 377.

1049.2.2.9. Notwithstanding sections 1049.2.2.1 to 1049.2.2.5, where the amount of a particular penalty under any of the said sections is greater than the excess amount determined under the second paragraph, the amount of the particular penalty shall be reduced to that excess amount.

The excess amount contemplated in the first paragraph in respect of a particular penalty relating to a transaction contemplated in any of those sections is the amount by which

(a)  25% of the aggregate of the adjusted cost of

i.  the shares of the capital stock of the corporation issued, in the year of the transaction but before the occurrence thereof or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund;

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not contemplated in subparagraph i, that were issued, in the year of the transaction but before the occurrence thereof or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund; and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares contemplated in subparagraph ii, issued in substitution for shares, other than shares contemplated in subparagraph i, that were issued, in the year of the transaction but before the occurrence thereof or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan, and distributed in Québec to an individual other than a trust, to an investment group or to an investment fund; exceeds

(b)  the aggregate of the penalties incurred by the corporation under sections 1049.2.2.1 to 1049.2.2.5 before the imposition of the particular penalty in respect of the shares of its capital stock that are mentioned in subparagraph a.

1988, c. 4, s. 132; 1990, c. 7, s. 182; 1997, c. 3, s. 71; 2003, c. 9, s. 378.

1049.2.2.10. The Minister may cancel or reduce the amount of a penalty that would, but for this section, be determined under any of sections 1049.1.0.5 and 1049.2.2.1 to 1049.2.2.5.3 in respect of a corporation, if the Minister considers that, having regard to all the circumstances, the amount would otherwise be excessive.

1988, c. 4, s. 132; 1989, c. 5, s. 225; 1990, c. 7, s. 183; 1992, c. 1, s. 189; 1997, c. 3, s. 71; 1997, c. 85, s. 280; 2003, c. 9, s. 379.

1049.2.2.11. For the purposes of this Part, except section 1049.2.2.10 and this section, where the Minister reduces to a particular amount the amount of the penalty determined under any of sections 1049.1.0.5 and 1049.2.2.1 to 1049.2.2.5.3 in respect of a transaction, the particular amount is deemed to be the amount determined under that section in respect of the transaction.

1990, c. 7, s. 184; 1992, c. 1, s. 189; 1997, c. 85, s. 281; 2003, c. 9, s. 380.

1049.2.3. Where a corporation, as part of a public share issue, allows an individual other than one of its eligible employees, within the meaning of sections 965.6.9 to 965.6.11, to acquire a share under a stock ownership plan, within the meaning of paragraph h.2 of section 965.1, it incurs a penalty equal to 25% of the adjusted cost determined under section 965.6, of the shares so acquired.

1987, c. 21, s. 76; 1997, c. 3, s. 71.

1049.2.4. Where a corporation described in section 965.11.6 has made a public share issue and it contravenes section 965.11.7 in respect of that public share issue, it incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share of the issue distributed in Québec to an individual other than a trust, to an investment group or to an investment fund.

1987, c. 21, s. 76; 1988, c. 4, s. 133; 1990, c. 7, s. 185; 1997, c. 3, s. 71.

1049.2.4.1. Where a corporation described in section 965.11.6 has made a convertible security issue and it contravenes section 965.11.7, the corporation incurs a penalty equal to the aggregate of

(a)  25% of the adjusted cost, determined under section 965.6, of each share that would be issued as a result of the exercise of the conversion right conferred upon the holder of each convertible security issued as part of that convertible security issue, distributed in Québec and outstanding at the expiry of the period mentioned in section 965.11.7 in respect of that convertible security issue, if such right were exercised by a holder at that time; and

(b)  25% of the adjusted cost, determined under section 965.6, of each share distributed in Québec to an individual other than a trust, to an investment group or to an investment fund, during the period mentioned in section 965.11.7 in respect of that convertible security issue, as a result of the exercise of a conversion right conferred upon the holder of a convertible security issued as part of that convertible security issue.

1990, c. 7, s. 186; 1997, c. 3, s. 71.

1049.2.4.2. Where a corporation described in section 965.11.6 has made a non-guaranteed convertible security issue, within the meaning of paragraph g.1 of section 965.1 and it contravenes section 965.11.7 in respect of that non-guaranteed convertible security issue, it incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6.0.5, of each non-guaranteed convertible security of the issue distributed in Québec to an individual, other than a trust, to an investment group or to an investment fund.

1992, c. 1, s. 190; 1997, c. 3, s. 71.

1049.2.5. Where an investment fund states falsely in its final prospectus or in an application for an exemption from filing a prospectus that the issued securities can be included in a stock savings plan described in the second paragraph of section 965.2, the fund administrator or trustee incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.6.0.3 if the statement of the investment fund were true, of each security of the issue distributed in Québec to an individual other than a trust.

1988, c. 4, s. 133; 1989, c. 5, s. 226; 1990, c. 59, s. 349.

1049.2.6. Where, in a year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfil its undertaking under subparagraph b of the first paragraph of section 965.6.23 in respect of a public security issue made by the investment fund in the year and where, in the final prospectus or the exemption from filing a prospectus relating to the issue, a percentage is stipulated to determine the adjusted cost of securities that are qualifying securities, the administrator or trustee incurs a penalty equal to 25% of the amount by which the adjusted cost of the aggregate of the qualifying securities issued by him in the year as part of the public security issue that are valid qualifying securities exceeds the adjusted cost of the qualifying shares or qualifying non-guaranteed convertible securities acquired by the investment fund during the year with the proceeds of the issue of such qualifying securities or, in the case of qualifying shares, acquired by it during the year as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the year by the investment fund with the proceeds of the issue of such qualifying securities.

1988, c. 4, s. 133; 1991, c. 8, s. 84; 1992, c. 1, s. 191; 1993, c. 19, s. 135; 1997, c. 85, s. 282; 1999, c. 83, s. 273; 2005, c. 23, s. 231.

1049.2.7. Where, on 31 December in a year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfil its undertaking under subparagraph c of the first paragraph of section 965.6.23 in respect of a public security issue made by the investment fund in the year, the administrator or trustee incurs a penalty equal to 25% of the amount by which the adjusted cost of the aggregate of the qualifying securities issued by him in the year and in the preceding two years as part of the public security issue that are not redeemed by the investment fund on or before 31 December in the year exceeds the adjusted cost of the qualifying shares, valid shares or qualifying non-guaranteed convertible securities owned by the investment fund on 31 December in the year.

1988, c. 4, s. 133; 1989, c. 5, s. 227; 1992, c. 1, s. 192; 1993, c. 19, s. 136; 2005, c. 23, s. 232.

1049.2.7.1. Where, on 31 December in a particular year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfil its undertaking under paragraph a of section 965.6.23.1 in respect of a public security issue made by the investment fund in the year preceding the particular year, the administrator or trustee incurs a penalty equal to 25% of such proportion of the excess of that portion, which is the subject of the undertaking under the said paragraph a, of the proceeds for the year preceding the particular year, of the public security issue over the greater of the particular amount referred to in paragraph b of that section in respect of the year preceding the particular year and the cost, determined without taking into account the borrowing costs, brokerage or custody fees or other similar costs, to the investment fund, of the aggregate of the qualifying shares or qualifying non-guaranteed convertible securities described in the said paragraph a acquired by the investment fund during the particular year or the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue or, in the case of qualifying shares, acquired by it during the particular year or the year preceding that year as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased by the investment fund in the particular year or the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue, other than any such qualifying shares or qualifying non-guaranteed convertible securities having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph b of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the particular year, as is represented by the ratio between that portion of the proceeds, for the year preceding the particular year, of the public security issue derived from the issue of qualifying securities and the proceeds of the issue.

1991, c. 8, s. 85; 1992, c. 1, s. 193; 1993, c. 19, s. 137; 1997, c. 85, s. 283; 1999, c. 83, s. 273.

1049.2.7.1.1. Where, on 31 December in a particular year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfil its undertaking under paragraph a.1 of section 965.6.23.1 in respect of a public security issue made by the investment fund in the year preceding the particular year, the administrator or trustee incurs a penalty equal to 25% of such proportion of the excess of the adjusted cost of the aggregate of the qualifying shares and qualifying non-guaranteed convertible securities described in paragraph a of the said section that should have been acquired by the investment fund in the particular year and in the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue for the undertaking to be fulfilled, over the greater of the particular amount referred to in paragraph b of the said section 965.6.23.1 in respect of the year preceding the particular year and the adjusted cost of the aggregate of the qualifying shares or qualifying non-guaranteed convertible securities described in the said paragraph a acquired by the investment fund during the particular year or the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue or, in the case of qualifying shares, acquired by it during the particular year or the year preceding that year as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased by the investment fund in the particular year or the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue, other than any such qualifying shares or qualifying non-guaranteed convertible securities having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph b of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the particular year, as is represented by the ratio between that portion of the proceeds, for the year preceding the particular year, of the public security issue derived from the issue of qualifying securities and the proceeds of the issue.

1993, c. 19, s. 138; 1997, c. 85, s. 284; 1999, c. 83, s. 273.

1049.2.7.2. Where, in a year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfill its undertaking under paragraph b of section 965.6.23.1 in respect of a public security issue made by the investment fund in the year and, in the final prospectus or the exemption from filing a prospectus relating to the issue, a percentage is stipulated to determine the adjusted cost of securities that are qualifying securities, the administrator or trustee incurs a penalty equal to 25% of the amount by which

(a)  the excess of the adjusted cost of the aggregate of the qualifying securities issued in the year that are valid qualifying securities over the particular amount referred to in the said paragraph b in respect of the year, exceeds

(b)  the adjusted cost of the qualifying shares or qualifying non-guaranteed convertible securities acquired by the investment fund during the year with that portion of the proceeds of the issue of valid qualifying securities issued in the year that exceeds the particular amount referred to in the said paragraph b in respect of the year, or, in the case of qualifying shares, acquired by it during the year as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased in the year by the investment fund with that portion of the proceeds of the issue, other than qualifying shares or qualifying non-guaranteed convertible securities having already been used, in respect of the year, for the purposes of paragraph c of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the year.

1991, c. 8, s. 85; 1992, c. 1, s. 194; 1993, c. 19, s. 139; 1997, c. 85, s. 285; 1999, c. 83, s. 273.

1049.2.7.3. Where, in a particular year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfill its undertaking under paragraph c of section 965.6.23.1 in respect of a public security issue made by the investment fund in the year preceding the particular year, the administrator or trustee incurs a penalty equal to 25% of the amount by which the particular amount referred to in paragraph b of the said section in respect of the year preceding the particular year, exceeds the adjusted cost of the qualifying shares or qualifying non-guaranteed convertible securities described in paragraph a of the said section, acquired by the investment fund during the particular year or the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue or, in the case of qualifying shares, acquired by it during the particular year or the year preceding that year as a result of the exercise of a conversion right conferred on the holder of a convertible security, a qualifying non-guaranteed convertible security or a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 purchased by the investment fund in the particular year or the year preceding that year with the proceeds of the issue, other than any such qualifying shares or qualifying non-guaranteed convertible securities having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph b of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the particular year.

1991, c. 8, s. 85; 1992, c. 1, s. 195; 1993, c. 19, s. 140; 1997, c. 85, s. 286; 1999, c. 83, s. 273.

1049.2.7.4. Where, on 31 December in a year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfill its undertaking under paragraph d of section 965.6.23.1, the administrator or trustee incurs a penalty equal to 25% of the amount by which the excess of the adjusted cost of the aggregate of the qualifying securities issued in the year and the preceding two years that are not redeemed by the investment fund on or before 31 December in the year over the aggregate of amounts each of which is a particular amount referred to in paragraph b of section 965.6.23.1 in respect of the year or any of the preceding two years, exceeds the adjusted cost of the qualifying shares, valid shares or qualifying non-guaranteed convertible securities owned by the investment fund on 31 December in the year, other than qualifying shares, valid shares or qualifying non-guaranteed convertible securities having already been used, in respect of the year, for the purposes of paragraph e of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the year.

1991, c. 8, s. 85; 1992, c. 1, s. 195.

1049.2.7.5. Where, on 31 December in a year, as a result of the administration of an investment fund by an administrator or trustee, the investment fund is unable to fulfill its undertaking under paragraph e of section 965.6.23.1, the administrator or trustee incurs a penalty equal to 25% of the amount by which the aggregate of amounts each of which is a particular amount referred to in paragraph b of the said section in respect of any of the preceding three years, exceeds the adjusted cost of the qualifying shares, valid shares or qualifying non-guaranteed convertible securities owned by the investment fund on 31 December in the year, other than qualifying shares, valid shares or qualifying non-guaranteed convertible securities having already been used, in respect of the year, for the purposes of paragraph d of section 965.6.23.1 or a qualifying share or qualifying non-guaranteed convertible security referred to in section 965.6.0.4 in respect of the year.

1991, c. 8, s. 85; 1992, c. 1, s. 195.

1049.2.7.6. Where a corporation is required to meet the obligation provided for in the first paragraph of section 965.24.1.3 or 965.24.1.4 and it omits to file with the Minister the prescribed form referred to in the said paragraph within the time prescribed, it incurs a penalty of $10 a day for every day the omission continues, up to the amount of $2,500.

1992, c. 1, s. 196; 1997, c. 3, s. 71; 1997, c. 85, s. 287.

1049.2.8. Where a corporation is, in a year, a corporation described in the first paragraph of section 965.24.2 and it omits to file with the Autorité des marchés financiers and the Minister the written notice contemplated in the first paragraph of the said section within the time prescribed, the corporation incurs a penalty of $10 a day for every day the omission continues, up to an amount of $2,500.

1990, c. 7, s. 187; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2004, c. 37, s. 90.

1049.2.9. A corporation that is, in a year, authorized to issue shares of its capital stock under an exemption from filing a prospectus granted under any of subparagraphs 2, 3 and 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1) with the stipulation that they may be included in a stock savings plan, that is, in that year, a corporation described in the first paragraph of section 965.24.2, that fails to file with the Autorité des marchés financiers and the Minister the written notice referred to in the first paragraph of section 965.24.2 within the time prescribed, that should have certified in the notice, had it been filed, that on 30 June in that year, as a result of a transaction, it would not have been a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17, had that first paragraph applied on that date, and that issues a share under such exemption from filing a prospectus in the year following that year, is liable to a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share distributed in Québec, in the year following that year under the exemption from filing a prospectus, to an individual other than a trust, to an investment group or to an investment fund.

1990, c. 7, s. 187; 1992, c. 1, s. 197; 1997, c. 3, s. 71; 2002, c. 45, s. 521; 2003, c. 9, s. 381; 2004, c. 37, s. 90.

1049.2.10. Where a corporation is, in a year, a corporation described in the first paragraph of section 965.24.2 and it certifies falsely in the written notice contemplated in the first paragraph of the said section that, on 30 June in the year, it would not have been a qualified corporation by reason of the first paragraph of any of sections 965.11.11, 965.11.13 and 965.11.17, had that first paragraph applied on that date, it incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each share distributed in Québec, in the year following that year, to an individual other than a trust, to an investment group or to an investment fund under the exemption from filing a prospectus contemplated in the first paragraph of that section.

1990, c. 7, s. 187; 1992, c. 1, s. 197; 1997, c. 3, s. 71; 2003, c. 9, s. 382.

1049.2.11. Where a corporation is, in a year, authorized to issue particular shares of its capital stock under an exemption from filing a prospectus granted under subparagraph 2, 3 or 5 of the first paragraph of section 52 of the Securities Act (chapter V-1.1), with the stipulation that they can be included in a stock savings plan, and it states falsely, in a final prospectus or an application for exemption from filing a prospectus relating to an exemption from filing a prospectus contemplated in the second paragraph of section 965.9.7.0.1, that shares issued under the prospectus or the exemption can be included in a stock savings plan described in section 965.2, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.6, of each such particular share distributed in Québec, in that part of the year following the date on which the receipt for the final prospectus or the exemption from filing a prospectus mentioned in the second paragraph of section 965.9.7.0.1 was granted, to an individual other than a trust, to an investment group or to an investment fund.

1990, c. 7, s. 187; 1997, c. 3, s. 71.

1049.3. Every corporation that was a Québec business investment company, at any time after 7 September 1985, duly registered within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), whose registration is revoked under the said Act incurs a penalty equal to 40% of the amount of an investment that is or would be a qualified investment within the meaning of the said Act if the registration were valid, made after the seven hundred and thirtieth day preceding the date of revocation.

1986, c. 15, s. 185; 1987, c. 21, s. 76; 1997, c. 3, s. 71; 2000, c. 39, s. 203.

1049.4. Every corporation that was at any time after 7 September 1985 a Québec business investment company duly registered within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), and that makes a qualified investment in a year and does not hold the entire investment for at least 24 months after the acquisition of the investment incurs a penalty equal to 40% of the total amount of the investment.

The first paragraph does not apply, however, to a replacement, for which the only consideration was a share, as a result of a transaction referred to in section 544, of a share that forms part of a qualified investment, where the replacement occurs

(a)  in the 24 months following the acquisition of the investment, if the share issued in replacement is a qualified investment; or

(b)  after the expiry of 12 months following the day on which the investment was acquired, where the transaction involves the corporation and the qualified legal person, within the meaning of the Act respecting Québec business investment companies, which benefited from the investment and Investissement Québec authorizes the transaction for the purposes of this section.

1986, c. 15, s. 185; 1987, c. 21, s. 76; 1990, c. 7, s. 188; 1997, c. 3, s. 71; 2000, c. 39, s. 204; 2002, c. 40, s. 226.

1049.4.1. Where a particular share of the capital stock of a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), that forms part of a qualified investment, or a share substituted therefor, may be purchased or redeemed by the qualified legal person as a result of a transaction occurring, after 26 April 1990, during the 60 months following the acquisition of the particular share that forms part of a qualified investment, the qualified legal person incurs a penalty, in respect of the particular share or the share substituted therefor, equal to 40% of the lesser of

(a)  the amount obtained by applying the percentage determined in section 965.31.1 in respect of the qualified investment to the amount that would be the amount of purchase or redemption of the particular share or the share substituted therefor, as the case may be, if the purchase or redemption were made immediately after the transaction, and

(b)  the quotient obtained by dividing, by the number of shares that form part of the qualified investment, the amount obtained by applying the percentage referred to in paragraph a to the total amount of the qualified investment.

The first paragraph does not apply where a particular share, or a share substituted therefor, that may be purchased or redeemed as a result of a transaction occurring, after 9 March 1999, during the 60 months following the acquisition of the particular share that forms part of a qualified investment, satisfies the conditions set out in subparagraphs 1 to 3 of the first paragraph of section 21 of the Québec Business Investment Companies Regulation made by Order in Council 1627-85 (1985, G.O. 2, 3750).

1991, c. 8, s. 86; 2000, c. 39, s. 205; 2006, c. 13, s. 199.

1049.5. Every qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), that purchases or redeems a particular share of its capital stock that forms part of a qualified investment or a share substituted therefor, after 26 April 1990, during the 60 months following the acquisition of the particular share that forms part of the qualified investment, incurs a penalty, in respect of the particular share or the share substituted therefor, equal to 40% of the lesser of

(a)  the amount obtained by applying the percentage determined in section 965.31.1 in respect of the qualified investment to the amount of purchase or redemption of the particular share or the share substituted therefor, as the case may be, and

(b)  the quotient obtained by dividing by the number of shares that form part of the qualified investment the amount obtained by applying the percentage referred to in paragraph a to the total amount of the qualified investment.

1986, c. 15, s. 185; 1991, c. 8, s. 87; 2000, c. 39, s. 206.

1049.5.1. The Minister may cancel or reduce the amount of a penalty that, but for this section, would be determined under any of sections 1049.4 to 1049.5 in respect of a transaction, if he considers that, having regard to the circumstances, the amount would be otherwise excessive.

1991, c. 8, s. 88; 1992, c. 1, s. 198.

1049.5.2. For the purposes of this Part, except section 1049.5.1 and this section, where the Minister reduces to a particular amount the amount of the penalty determined under any of sections 1049.4 to 1049.5 in respect of a transaction, the particular amount is deemed to be the amount determined under that section in respect of the transaction.

1992, c. 1, s. 199.

1049.6. Every qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), incurs a penalty equal to 40% of the amount of a qualified investment made by a Québec business investment company in the qualified legal person, where the qualified legal person uses funds, during the 24 months following the date of that qualified investment and without the approval of Investissement Québec, to

(a)  repay a creditor who is a shareholder of the Québec business investment company or of the qualified legal person or a person with whom the creditor does not deal at arm’s length or a corporation that is associated with the qualified legal person;

(b)  make a loan;

(c)  purchase parcels of land with the intention of selling them;

(d)  make investments outside Québec not directly related to the operations of the corporation;

(e)  purchase or acquire shares of other corporations or all or substantially all of the assets of a business;

(f)  purchase or redeem shares of its capital stock except a purchase or redemption referred to in section 1049.5.

1986, c. 15, s. 185; 1987, c. 21, s. 77; 1988, c. 4, s. 134; 1989, c. 5, s. 228; 1990, c. 7, s. 189; 1997, c. 3, s. 63; 1997, c. 14, s. 249; 1998, c. 17, s. 64; 2000, c. 39, s. 207; 2001, c. 69, s. 12.

1049.7. Every qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), that declares or pays a dividend in respect of shares of its capital stock that form part of a qualified investment during the 24 months following the acquisition of the shares as such incurs a penalty equal to 40% of the total amount of the investment.

1986, c. 15, s. 185; 2000, c. 39, s. 208.

1049.8. Every qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), that pays an amount referred to in section 23 of the Québec Business Investment Companies Regulation made by Order in Council 1627-85 (1985, G.O. 2, 3750), to a Québec business investment company during the 60 months following the acquisition of a share that forms part of a qualified investment by that Québec business investment company incurs a penalty equal to 40% of the amount so paid but not in excess of 40% of the total amount of the investment.

1986, c. 15, s. 185; 1997, c. 85, s. 288; 2000, c. 39, s. 209; 2006, c. 13, s. 200.

1049.9. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), other than a corporation referred to in section 1049.9.1, no longer operates primarily in one of the sectors of activity prescribed in the regulations made under paragraph 4 of section 16 of that Act during the 24 months following the date of a qualified investment, without the approval of Investissement Québec, the qualified legal person incurs a penalty equal to 40% of the total amount of the investment.

1986, c. 15, s. 185; 1990, c. 7, s. 190; 1997, c. 3, s. 64; 1997, c. 14, s. 250; 1998, c. 17, s. 64; 2000, c. 39, s. 210; 2001, c. 69, s. 12.

1049.9.1. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), ceases, as a consequence of financial problems, to carry on its business during the 24 months following the date of a qualified investment without the approval of Investissement Québec, the qualified legal person incurs a penalty of 40% of the total amount of the investment.

1990, c. 7, s. 191; 1998, c. 17, s. 64; 2000, c. 39, s. 211; 2001, c. 69, s. 12.

1049.10. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1) makes a considerable cash outflow in favour of one of its shareholders, a shareholder of a Québec business investment company which is not a Québec business investment company referred to in section 4.1 of that Act, or a person related to any such shareholder during the 24 months preceding the date of a qualified investment in the qualified legal person made by the Québec business investment company or during the 60 months following the date of such an investment, without the approval of Investissement Québec, the qualified legal person incurs a penalty equal to 40% of the amount of the cash outflow, but not in excess of 40% of the total amount of the investment.

1986, c. 15, s. 185; 1987, c. 21, s. 78; 1990, c. 7, s. 192; 1997, c. 14, s. 251; 1998, c. 17, s. 64; 2000, c. 39, s. 212; 2001, c. 69, s. 12.

1049.10.1. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), makes a considerable cash outflow to acquire all or substantially all of the assets of a corporation a shareholder of which is also a shareholder of a Québec business investment company or a person related to any such shareholder during the 24 months preceding the date of a qualified investment in the qualified legal person made by the Québec business investment company or during the 60 months following the date of such an investment, without the approval of Investissement Québec, the qualified legal person incurs a penalty equal to 40% of the amount of the cash outflow, but not in excess of 40% of the amount of the investment.

1990, c. 7, s. 193; 1997, c. 3, s. 64; 1997, c. 14, s. 252; 1998, c. 17, s. 64; 2000, c. 39, s. 213; 2001, c. 69, s. 12.

1049.10.2. For the purposes of sections 1049.6, 1049.10 and 1049.10.1, where a shareholder of a Québec business investment company, within the meaning of paragraph f of section 965.29, is a trust governed by a registered retirement savings plan or a registered retirement income fund, the annuitant, within the meaning of paragraph b of section 905.1 or paragraph d of section 961.1.5, as the case may be, under the plan or fund is deemed to be also a shareholder of the company.

1991, c. 8, s. 89.

1049.11. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1) does not deal at arm’s length, within the meaning assigned to that expression for the purposes of section 12 of that Act, with a Québec business investment company during the 24 months following the date of a qualified investment made by the company in the qualified legal person, without the approval of Investissement Québec, the qualified legal person incurs a penalty equal to 40% of the total amount of the investment.

1986, c. 15, s. 185; 1988, c. 4, s. 135; 1990, c. 7, s. 194; 1998, c. 17, s. 64; 2000, c. 39, s. 214; 2001, c. 69, s. 12.

1049.11.1. Every qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), is liable to a penalty equal to 40% of the total amount of a qualified investment where

(a)  in the 12 months preceding the date of the qualified investment or in the months preceding that date in the case of a corporation that has been in operation for less than 12 months, not more than 50%, or a lower percentage determined by Investissement Québec under paragraph 3 of section 13.2 of the Act respecting Québec business investment companies, of the wages paid to its employees and of the wages paid to the employees of corporations with which it is associated, were paid to employees of an establishment situated in Québec; or

(b)  in the 12 months following the date of such an investment, not more than 50% of the wages paid to its employees and of the wages paid to the employees of corporations with which it is associated, were paid to employees of an establishment situated in Québec.

1987, c. 21, s. 79; 2000, c. 39, s. 215; 2002, c. 40, s. 227; 2006, c. 13, s. 201.

1049.11.1.1. (Repealed).

1990, c. 7, s. 195; 1997, c. 14, s. 253; 1999, c. 83, s. 229.

1049.11.1.2. Where a qualified legal person, within the meaning of the Act respecting Québec business investment companies (chapter S-29.1), benefits from a qualified investment referred to in section 12.1 of that Act and, at the expiry of the time limit fixed in paragraph 2 of that section 12.1 or, as the case may be, extended by Investissement Québec under paragraph 2 of section 13.2 of that Act, it does not operate in a sector of activity prescribed in the regulations made under paragraph 4 of section 16 of that Act, the qualified legal person incurs a penalty equal to 40% of the total amount of the investment.

1990, c. 7, s. 195; 1997, c. 14, s. 253; 1998, c. 17, s. 64; 2000, c. 39, s. 216; 2001, c. 69, s. 12.

1049.11.1.3. For the purpose of determining the amount of a penalty provided for in sections 1049.3 to 1049.11.1.2, the total amount of a qualified investment is deemed to include the portion, attributable under section 965.31.5 to the qualified investment, of the amount the Québec business investment company having made the qualified investment has renounced under the said section 965.31.5 in respect of a share issue the proceeds of which have been used to make the qualified investment.

1992, c. 1, s. 200.

1049.11.2. (Repealed).

1987, c. 21, s. 79; 1990, c. 7, s. 196; 1999, c. 83, s. 230.

1049.11.3. (Repealed).

1988, c. 4, s. 136; 2002, c. 40, s. 228.

1049.11.4. (Repealed).

1990, c. 7, s. 197; 1993, c. 64, s. 177.

1049.12. Every qualified cooperative, within the meaning of the cooperative investment plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), whose equity, within the meaning of the plan, before redemption of the issued shares, is reduced to less than 80% of its equity on 23 April 1985 by a reduction of its capital stock other than a redemption of common shares belonging to a member who is deceased, disabled or under tutorship or curatorship, incurs a penalty equal to 50% of the part of the reduction that reduces the equity to less than 80% of the equity on 23 April 1985.

1986, c. 15, s. 185; 1987, c. 21, s. 80; 1988, c. 41, s. 89; 1989, c. 54, s. 176; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 139; 2006, c. 8, s. 31.

1049.12.1. Every qualified cooperative or qualified federation of cooperatives, within the meaning of section 965.39.1, whose equity, within the meaning of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1), before the redemption or repayment of the issued shares, is reduced to less than 80% of its equity on 23 April 1985 by reason of a reduction of its capital stock otherwise than by reason of a repayment of common shares belonging to a member who is deceased, disabled or under tutorship or curatorship, incurs a penalty equal to 30% of the part of the reduction that reduces the equity to less than 80% of the equity on 23 April 1985.

2006, c. 37, s. 49.

1049.13. Every qualified cooperative, within the meaning of the cooperative investment plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), that issues qualifying securities without holding a valid qualification certificate as prescribed in the plan or whose certificate is revoked and that asserts that such securities are qualifying securities under the cooperative investment plan incurs a penalty equal to 50% of the amount of the securities sold while it did not hold a valid qualification certificate or after the date of revocation of the certificate.

1986, c. 15, s. 185; 1987, c. 21, s. 80; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 139; 2006, c. 8, s. 31.

1049.13.1. Every qualified cooperative or qualified federation of cooperatives, within the meaning of section 965.39.1, that issues shares without holding a valid qualification certificate as prescribed in sections 6 and 11 of the Cooperative Investment Plan Act (chapter R-8.1.1) or while its certificate is revoked and that asserts that such shares are qualifying securities under that Act incurs a penalty equal to 50% of the amount of the shares issued while it did not hold a valid qualification certificate or after the date of revocation of the certificate.

2006, c. 37, s. 50.

1049.14. Every qualified cooperative, within the meaning of the cooperative investment plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), that redeems a qualifying security before 24 June 2009 without complying with the requirements of the plan incurs a penalty equal to 50% of the amount of the qualifying securities so redeemed, unless the redemption is an exchange operation described in the second paragraph.

The exchange operation to which the first paragraph refers is a conversion of securities, an amalgamation or a reorganization of the capital stock, at the end of which a qualifying security is exchanged for consideration consisting only of preferred shares or fractions of such shares that meet the requirements set out in paragraphs 3 and 5 of section 6 of the plan.

1986, c. 15, s. 185; 1987, c. 21, s. 80; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 139; 2006, c. 8, s. 31; 2009, c. 15, s. 358; 2010, c. 25, s. 186.

1049.14.0.1. Every qualified cooperative or qualified federation of cooperatives, within the meaning of section 965.39.1, that redeems or repays a qualifying security, within the meaning of that section, before 24 June 2009 without complying with the period specified in paragraph 4 of section 6 of the Cooperative Investment Plan Act (chapter R-8.1.1) incurs a penalty equal to 30% of the amount of the qualifying securities so redeemed or repaid, unless the redemption or repayment is an allowable redemption or repayment that complies with the rules set out in sections 2 and 7 of that Act or an exchange operation described in the third paragraph.

If the redemption or repayment referred to in the first paragraph occurs as part of the winding-up or dissolution of a cooperative or federation of cooperatives, the penalty specified in the first paragraph is replaced by a penalty equal to 30% of the amount obtained by applying, to the amount of the qualifying securities so redeemed or repaid, the percentage obtained by dividing by 1,826 the amount by which 1,826 exceeds the number of days included in the period that begins on the day of issue of the qualifying securities and ends on the day on which they are redeemed or repaid.

The exchange operation to which the first paragraph refers is a conversion of securities, an amalgamation or a reorganization of the capital stock, at the end of which a qualifying security is exchanged for consideration consisting only of preferred shares or fractions of such shares that meet the requirements set out in paragraphs 3 and 4 of section 6 of that Act.

2006, c. 37, s. 51; 2009, c. 15, s. 359; 2010, c. 25, s. 187.

1049.14.0.2. Every qualified cooperative or qualified federation of cooperatives, within the meaning of section 965.39.1, that, in respect of a fiscal period ended in a particular calendar year in which it issued qualifying securities, within the meaning of that section, or in the 12-month period that precedes the particular year, pays, otherwise than in the form of shares, a patronage dividend greater than 33 1/3% of its operating surplus or surplus earnings, incurs a penalty equal to the lesser of

(a)  30% of the proceeds of the issue of qualifying securities for the particular year; and

(b)  the aggregate of

i.  30% of the portion of the patronage dividend, otherwise than in the form of shares, that exceeds 33 1/3% of the operating surplus or surplus earnings, such portion being in this subparagraph b referred to as the “excess patronage dividend”, paid in respect of a fiscal period that ended in the particular year,

ii.  in the case where no qualifying securities were issued in the 12-month period that precedes the particular year, 30% of the excess patronage dividend paid in respect of a fiscal period that ended in the 12-month period that precedes the particular year, and

iii.  in any other case, the amount by which 30% of the excess patronage dividend paid in respect of a fiscal period that ended in the 24-month period that precedes the particular year exceeds the aggregate of the penalties relating to the payment of a patronage dividend incurred under this section in respect of the issue of qualifying securities in the 24-month period that precedes the particular year, up to 30% of the excess patronage dividend paid in respect of a fiscal period that ended in the 12-month period that precedes the particular year.

2006, c. 37, s. 51; 2007, c. 12, s. 219.

1049.14.1. (Repealed).

1990, c. 7, s. 198; 2005, c. 23, s. 233.

1049.14.2. If a corporation stipulates falsely, in its final prospectus relating to a share issue, that the issued shares may be included in a stock savings plan II described in section 965.56, it incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.123 if the stipulation of the corporation were true, of each share of the issue distributed in Québec to an individual or to a qualified mutual fund.

If a corporation stipulates, in a final prospectus relating to a share issue, in respect of shares that may be included in a stock savings plan II described in section 965.56, an adjusted cost other than that determined under section 965.123, it incurs a penalty equal to 25% of the amount by which the adjusted cost so stipulated in respect of each share of the public issue distributed in Québec to an individual or to a qualified mutual fund exceeds the adjusted cost determined under section 965.123 in respect of each such share.

2006, c. 13, s. 202; 2010, c. 5, s. 170.

1049.14.3. If a corporation makes a public issue of shares with the stipulation that they can be included in a stock savings plan II and if the shares are not listed on a designated stock exchange located in Canada within 60 days of the date of the receipt for the final prospectus or of the exemption from filing a prospectus in respect of their issue, the corporation incurs a penalty equal to 25% of the adjusted cost, determined under section 965.123, of each share of the issue distributed in Québec to an individual or to a qualified mutual fund.

2006, c. 13, s. 202; 2010, c. 5, s. 171.

1049.14.4. If a corporation issues, at a particular time, a share of its capital stock with the stipulation that it can be included in a stock savings plan II or issues a share in replacement of a share issued at a particular time with such a stipulation or issued in replacement of a share issued in substitution for such a share and purchases or redeems in any manner whatever, directly or indirectly, in the year including the particular time but after that time or in the two years following that year, a share of a class of its capital stock other than a share described in section 965.106 or other than a share that has been the subject of a particular transaction referred to in section 965.113 in respect of which the corporation is not bound to meet the requirement set out in the second paragraph of section 965.105, it incurs a penalty equal to the amount determined under the second paragraph.

The amount of the penalty prescribed in the first paragraph in respect of a purchase or redemption is equal to the lesser of

(a)  25% of the amount obtained by multiplying the amount of the purchase or redemption by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation that were issued, in the year of the purchase or redemption but before the time of the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the purchase or redemption but before the time of the purchase or redemption or in the two years preceding that year and distributed in Québec or in replacement of shares issued in substitution for such shares, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation; and

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation that were issued, in the year of the purchase or redemption but before the time of the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund,

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not described in subparagraph i, that were issued, in the year of the purchase or redemption but before the time of the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund, and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares described in subparagraph ii, issued in substitution for shares, other than shares described in subparagraph i, that were issued, in the year of the purchase or redemption or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund.

2006, c. 13, s. 202; 2010, c. 5, s. 172.

1049.14.5. If shares of the capital stock of a corporation, other than shares that have been the subject of a particular transaction referred to in section 965.113 in respect of which the corporation is not bound to meet the requirement set out in the second paragraph of section 965.107, were, at a particular time, the subject of a transaction or operation or of a series of transactions or operations and if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or the series of transactions or operations is equivalent to the redemption of a share of its capital stock other than a share described in section 965.108, the corporation incurs a penalty equal to the amount determined under the second paragraph if it issued, in the year including the particular time but before that time or in the two years preceding that year, a share of its capital stock with the stipulation that it could be included in a stock savings plan II or issued a share of its capital stock in replacement of a share issued with such a stipulation in the year including the particular time but before that time or in the two years preceding that year or in replacement of a share issued in substitution for such a share.

The amount of the penalty prescribed in the first paragraph in respect of a transaction or operation or of a series of transactions or operations is equal to the lesser of

(a)  25% of the amount obtained by multiplying the amount determined under section 965.109 in respect of the transaction or operation or of the series of transactions or operations by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year and distributed in Québec, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation; and

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund,

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not described in subparagraph i, that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund, and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares described in subparagraph ii, issued in substitution for shares, other than shares described in subparagraph i, that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund.

2006, c. 13, s. 202; 2010, c. 5, s. 173.

1049.14.6. If a corporation issues a share of its capital stock with the stipulation that it can be included in a stock savings plan II, or issues a share of its capital stock in replacement of a share issued with such a stipulation or in replacement of a share issued in substitution for such a share, and the corporation’s net shareholders’ equity is affected in any manner whatever, directly or indirectly, in the year the share issued with such a stipulation was issued but after the time of the issue or in the two years following that year, following a transaction or operation or a series of transactions or operations other than that referred to in section 965.112 or a particular transaction referred to in section 965.113 in respect of which the corporation is not bound to meet the requirement set out in the second paragraph of section 965.110, it incurs a penalty equal to the amount determined under the second paragraph if, in the opinion of the Minister, it is reasonable to believe that the transaction or operation or the series of transactions or operations is equivalent to the redemption of a share of a class of its capital stock other than a share described in section 965.111.

The amount of the penalty prescribed in the first paragraph in respect of a transaction or operation or of a series of transactions or operations is equal to the lesser of

(a)  25% of the amount obtained by multiplying the amount determined under the second paragraph of section 965.110 in respect of the transaction or operation or of the series of transactions or operations by the proportion that the adjusted cost of the aggregate of the shares of the capital stock of the corporation that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec and of the shares of the capital stock of the corporation issued in replacement of shares issued with such a stipulation, that were issued in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year and distributed in Québec, is of the paid-up capital at the time of the issue in respect of the aggregate of such shares of the corporation; and

(b)  25% of the adjusted cost of the aggregate of

i.  the shares of the capital stock of the corporation that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund,

ii.  the shares of the capital stock of the corporation issued in replacement of shares that are not described in subparagraph i, that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund, and

iii.  the shares of the capital stock of the corporation issued in replacement of shares, other than shares described in subparagraph ii, issued in substitution for shares, other than shares described in subparagraph i, that were issued, in the year of the transaction or operation or of the series of transactions or operations but before the time of the transaction or operation or of the series of transactions or operations or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund.

2006, c. 13, s. 202; 2010, c. 5, s. 174.

1049.14.7. The Minister may stay the imposition of a penalty under any of sections 1049.14.4 to 1049.14.6 in respect of a corporation that plans to carry out or has already carried out a transaction referred to in any of those sections, if the corporation has applied to the Minister to that effect and undertakes to comply with any of the conditions set out in section 1049.14.8.

The Minister may at any time revoke the stay provided for in the first paragraph if the Minister is of the opinion that the undertaking of the corporation is compromised.

2006, c. 13, s. 202.

1049.14.8. The conditions to be complied with by a corporation referred to in section 1049.14.7 are that the corporation must issue shares of its capital stock that meet the requirement set out in paragraph b of section 965.74 and are not qualifying shares, or that shares of its capital stock must be the subject of a transaction or operation or of a series of transactions or operations that, in the opinion of the Minister, can reasonably be believed to be equivalent to the issue of shares of the capital stock of the corporation that meet the requirement set out in that paragraph b, for an amount equal to or greater than the amount of the purchase or redemption referred to in the first paragraph of section 1049.14.4 or an amount determined under section 965.109 or the second paragraph of section 965.110 in respect of a transaction referred to in section 1049.14.5 or 1049.14.6, on or before the expiry of a period of two years that begins on the day after the day of the beginning of the transaction to which section 1049.14.7 refers.

2006, c. 13, s. 202.

1049.14.9. Despite sections 1049.14.4 to 1049.14.6, if the Minister, under section 1049.14.7, stays the imposition of a penalty in respect of a corporation for a particular transaction and the corporation fulfills, to the satisfaction of the Minister, its undertaking under section 1049.14.7, the corporation incurs no penalty for the transaction.

2006, c. 13, s. 202.

1049.14.10. Despite sections 1049.14.4 to 1049.14.6, if the amount of a particular penalty under any of those sections is greater than the excess amount determined under the second paragraph, the amount of the particular penalty is to be reduced to that excess amount.

The excess amount to which the first paragraph refers in respect of a particular penalty relating to a transaction referred to in any of the sections referred to in that paragraph is the amount by which the amount determined under the third paragraph exceeds the amount determined under the fourth paragraph.

The amount determined under this paragraph is equal to 25% of the aggregate of the adjusted cost of

(a)  the shares of the capital stock of the corporation that were issued, in the year of the transaction but before the time of the transaction or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund;

(b)  the shares of the capital stock of the corporation issued in replacement of shares that are not described in subparagraph a, that were issued, in the year of the transaction but before the time of the transaction or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund; and

(c)  the shares of the capital stock of the corporation issued in replacement of shares, other than shares described in subparagraph b, issued in substitution for shares, other than shares described in subparagraph a, that were issued, in the year of the transaction but before the time of the transaction or in the two years preceding that year, with the stipulation that they could be included in a stock savings plan II, and distributed in Québec to an individual or to a qualified mutual fund.

The amount determined under this paragraph is equal to the aggregate of the penalties incurred by the corporation under sections 1049.14.4 to 1049.14.6 before the imposition of the particular penalty in respect of the shares of its capital stock that are described in the third paragraph.

2006, c. 13, s. 202; 2010, c. 5, s. 175.

1049.14.11. The Minister may cancel or reduce the amount of a penalty that would, but for this section, be determined under any of sections 1049.14.4 to 1049.14.6 in respect of a corporation, if the Minister considers that, under the circumstances, the amount would otherwise be excessive.

2006, c. 13, s. 202.

1049.14.12. For the purposes of this Part, except section 1049.14.11 and this section, if the Minister reduces to a particular amount the amount of a penalty determined under any of sections 1049.14.4 to 1049.14.6 in respect of a transaction, the particular amount is deemed to be the amount determined under that section in respect of the transaction.

2006, c. 13, s. 202.

1049.14.13. If a mutual fund states falsely in its final prospectus that the issued securities can be included in a stock savings plan II described in paragraph b of section 965.56, the mutual fund manager or trustee incurs a penalty equal to 25% of the adjusted cost that would be determined under section 965.124 if the statement of the mutual fund were true, of each security of the issue distributed in Québec to an individual.

2006, c. 13, s. 202; 2010, c. 5, s. 176.

1049.14.14. If, in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under subparagraph a of the first paragraph of section 965.119 in respect of a public security issue made by the qualified mutual fund in the year and if, in the final prospectus relating to the issue, a percentage is stipulated to determine the adjusted cost of securities that are qualifying securities, the manager or trustee incurs a penalty equal to 25% of the amount by which the adjusted cost of the aggregate of the qualifying securities issued by the manager or trustee in the year as part of the public security issue that are valid qualifying securities exceeds the adjusted cost of the qualifying shares acquired by the qualified mutual fund during the year with the proceeds of the issue of such qualifying securities.

2006, c. 13, s. 202.

1049.14.15. If, on 31 December in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under subparagraph b of the first paragraph of section 965.119 in respect of a public security issue made by the qualified mutual fund in the year, the manager or trustee incurs a penalty equal to 25% of the amount by which the adjusted cost of the aggregate of the qualifying securities issued by the manager or trustee in the year and in the preceding two years as part of the public security issue that have not been redeemed by the qualified mutual fund on or before 31 December in the year exceeds the adjusted cost of the qualifying shares or valid shares owned by the qualified mutual fund on 31 December in the year.

2006, c. 13, s. 202; 2010, c. 5, s. 177.

1049.14.16. If, on 31 December in a particular year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph a of section 965.121 in respect of a public security issue made by the qualified mutual fund in the year preceding the particular year, the manager or trustee incurs a penalty equal to 25% of the proportion of the amount by which the portion, which is the subject of the undertaking under that paragraph a, of the proceeds for the year preceding the particular year, of the public security issue exceeds the greater of the particular amount referred to in paragraph c of that section in respect of the year preceding the particular year and the cost, determined without reference to the borrowing costs, brokerage or custody fees or other similar costs, to the qualified mutual fund, of the aggregate of the qualifying shares described in that paragraph a acquired by the qualified mutual fund during the particular year or the year preceding that year with the proceeds of the public security issue, other than any such qualifying shares having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph c of section 965.121, as is represented by the ratio that the portion of the proceeds, for the year preceding the particular year, of the public security issue derived from the issue of qualifying securities is of the proceeds of the issue.

2006, c. 13, s. 202.

1049.14.17. If, on 31 December in a particular year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph b of section 965.121 in respect of a public security issue made by the qualified mutual fund in the year preceding the particular year, the manager or trustee incurs a penalty equal to 25% of the proportion of the amount by which the adjusted cost of the aggregate of the qualifying shares described in paragraph a of that section that should have been acquired by the qualified mutual fund in the particular year and in the year preceding that year with the proceeds, for the year preceding the particular year, of the public security issue for the undertaking to be fulfilled, exceeds the greater of the particular amount referred to in paragraph c of that section in respect of the year preceding the particular year and the adjusted cost of the aggregate of the qualifying shares described in that paragraph a acquired by the qualified mutual fund during the particular year or the year preceding that year with the proceeds of the public security issue, other than any such qualifying shares having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph c of section 965.121, as is represented by the ratio that the portion of the proceeds, for the year preceding the particular year, of the public security issue derived from the issue of qualifying securities is of the proceeds of the issue.

2006, c. 13, s. 202.

1049.14.18. If, in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph c of section 965.121 in respect of a public security issue made by the qualified mutual fund in the year and, in the final prospectus relating to the issue, a percentage has been stipulated to determine the adjusted cost of securities that are qualifying securities, the manager or trustee incurs a penalty equal to 25% of the amount by which the amount determined under the second paragraph exceeds the amount determined under the third paragraph.

The amount determined under this paragraph is equal to the amount by which the adjusted cost of the aggregate of the qualifying securities issued in the year that are valid qualifying securities exceeds the particular amount referred to in paragraph c of section 965.121 in respect of the year.

The amount determined under this paragraph is equal to the adjusted cost of the qualifying shares acquired by the qualified mutual fund during the year with the portion of the proceeds of the issue of valid qualifying securities issued in the year that exceeds the particular amount referred to in paragraph c of section 965.121 in respect of the year, other than qualifying shares having already been used, in respect of the year, for the purposes of paragraph d of section 965.121.

2006, c. 13, s. 202.

1049.14.19. If, in a particular year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph d of section 965.121 in respect of a public security issue made by the qualified mutual fund in the year preceding the particular year, the manager or trustee incurs a penalty equal to 25% of the amount by which the particular amount referred to in paragraph c of that section in respect of the year preceding the particular year, exceeds the adjusted cost of the qualifying shares described in paragraph a of that section, acquired by the qualified mutual fund during the particular year or the year preceding that year with the proceeds of the public security issue, other than any such qualifying shares having already been used, in respect of the particular year or the year preceding that year, for the purposes of paragraph c of section 965.121.

2006, c. 13, s. 202.

1049.14.20. If, on 31 December in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph e of section 965.121, the manager or trustee incurs a penalty equal to 25% of the amount by which the adjusted cost of the qualifying shares or valid shares owned by the qualified mutual fund on 31 December in the year, other than qualifying shares or valid shares having already been used, in respect of the year, for the purposes of paragraph f of that section, is exceeded by the amount by which the adjusted cost of the aggregate of the qualifying securities issued in the year and the preceding two years that have not been redeemed by the qualified mutual fund on or before 31 December in the year exceeds the aggregate of all amounts each of which is a particular amount referred to in paragraph c of section 965.121 in respect of the year or any of the preceding two years.

2006, c. 13, s. 202; 2010, c. 5, s. 178.

1049.14.21. If, on 31 December in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under paragraph f of section 965.121, the manager or trustee incurs a penalty equal to 25% of the amount by which the aggregate of the amounts each of which is a particular amount referred to in paragraph c of that section in respect of any of the preceding three years, exceeds the adjusted cost of the qualifying shares or valid shares owned by the qualified mutual fund on 31 December in the year, other than qualifying shares or valid shares having already been used, in respect of the year, for the purposes of paragraph e of section 965.121.

2006, c. 13, s. 202.

1049.14.22. If, on 31 December in a year, as a result of the administration of a qualified mutual fund by a manager or trustee, the qualified mutual fund is unable to fulfill its undertaking under subparagraph c of the first paragraph of section 965.119 or paragraph g of section 965.121 in respect of a public security issue made by the qualified mutual fund in the year, the manager or trustee incurs a penalty equal to 25% of the amount that would be computed under section 965.129 if that section were applicable to the qualified mutual fund.

2006, c. 13, s. 202.

1049.14.23. If a corporation fails to send a copy of the report referred to in paragraph d of section 965.76 to the Minister within the prescribed time, in accordance with that paragraph, the corporation incurs a penalty of $25 a day for every day the omission continues, up to $10,000.

2006, c. 13, s. 202; 2010, c. 25, s. 188.

1049.14.24. If a corporation obtains a designation of eligibility under section 965.88 on false representations, the corporation incurs a penalty of $100,000.

2006, c. 13, s. 202.

1049.15. Where the corporation governed by the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1) purchases a class “A” share by agreement under section 8 of that Act, it incurs a penalty equal to 15% of the amount paid for the share by the first purchaser or, where the amount paid by the first purchaser relates to such a share purchased by him before 10 May 1996, to 20% of that amount.

Similarly, where the corporation governed by the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2) purchases a class “A” share by agreement under section 9 of that Act, it incurs a penalty equal to the following percentage of the amount paid by the first purchaser for the share or for the class “B” share that was exchanged for the class “A” share under section 8 of that Act:

(a)  20%, where the amount paid by the first purchaser relates to such a share purchased by the first purchaser before 10 May 1996;

(b)  25%, where the amount paid by the first purchaser relates to such a share purchased by the first purchaser in the period that begins on 1 June 2009 and that ends on the last day of the corporation’s fiscal period in which the paid-up capital in respect of the shares of its capital stock first reaches 1.25 billion dollars; and

(c)  15%, in any other case.

The first and second paragraphs do not apply, however, to any purchase made by a corporation in a fiscal period, in circumstances other than those described in the second paragraph of section 776.1.5.0.1 or 776.1.5.0.6, as the case may be, to the extent that the aggregate of the amount of the purchase and of all previous purchases made by the corporation in the fiscal period is, in such circumstances, less than 2% of the amount of paid-up capital in respect of shares of its capital stock which, under the conditions for their issue, cannot be, either partially or totally, purchased or redeemed by the corporation or purchased by any person, in any manner whatever, directly or indirectly.

Similarly, the first and second paragraphs do not apply to any purchase made by a corporation in a fiscal period, in the circumstances described in the second paragraph of section 776.1.5.0.1 or 776.1.5.0.6, as the case may be.

1988, c. 4, s. 137; 1989, c. 5, s. 229; 1995, c. 63, s. 217; 1997, c. 3, s. 71; 1997, c. 14, s. 254; 2001, c. 53, s. 236; 2010, c. 5, s. 179.

1049.16. (Repealed).

1988, c. 4, s. 137; 1989, c. 5, s. 230.

1049.17. (Repealed).

1988, c. 4, s. 137; 1989, c. 5, s. 231; 1995, c. 1, s. 172; 1995, c. 63, s. 218.

1049.18. (Repealed).

1988, c. 4, s. 137; 1989, c. 5, s. 231; 1995, c. 1, s. 173; 1995, c. 63, s. 218.

1049.19. (Repealed).

1988, c. 4, s. 137; 1989, c. 5, s. 231; 1995, c. 63, s. 218.

1049.20. (Repealed).

1989, c. 5, s. 232; 1990, c. 7, s. 199; 1991, c. 8, s. 90; 1993, c. 64, s. 178.

1049.21. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.22. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.23. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.24. (Repealed).

1990, c. 7, s. 200; 1991, c. 25, s. 170; 1993, c. 64, s. 178.

1049.25. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.26. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.27. (Repealed).

1990, c. 7, s. 200; 1993, c. 64, s. 178.

1049.28. (Repealed).

1991, c. 8, s. 91; 1995, c. 1, s. 174.

1049.29. (Repealed).

1992, c. 1, s. 201; 1993, c. 64, s. 179; 1994, c. 21, s. 50; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1997, c. 14, s. 255.

1049.30. (Repealed).

1992, c. 1, s. 201; 1993, c. 64, s. 180; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1997, c. 14, s. 255.

1049.31. (Repealed).

1992, c. 1, s. 201; 1993, c. 64, s. 181; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1997, c. 14, s. 255.

1049.32. Where a share or debenture, other than a share or debenture in respect of which tax has been paid or is payable under section 1129.14.1, issued as part of a qualified investment in respect of which the corporation having issued the share or debenture is deemed, under section 1029.8.36.2 as it read immediately prior to being repealed, to have paid an amount to the Minister, is assigned or transferred by a qualified investor to a person who is not a qualified investor and it may reasonably be considered that the qualified investment in the corporation was made primarily to enable it to benefit from the provisions of the said section 1029.8.36.2 in respect of that qualified investment, the qualified investor incurs a penalty equal to 30% of the amount of the qualified investment.

Notwithstanding the foregoing, where the qualified investor referred to in the first paragraph in respect of the qualified investment is not a corporation at the time of the assignment or transfer referred to in the first paragraph in respect of the qualified investment, the following rules apply:

(a)  every person who, at that time, is a member or participant of the qualified investor incurs a penalty equal to such proportion of the penalty that, but for subparagraph b, would be incurred pursuant to the first paragraph by the qualified investor in respect of the qualified investment as is represented by the ratio, at that time, between the financial interest of the person in the qualified investor and the financial interest in the qualified investor of all members or participants thereof;

(b)  the qualified investor is deemed not to incur the penalty contemplated in the first paragraph in respect of the qualified investment.

In this section, “qualified investor” has the meaning assigned by the Act to promote the capitalization of small and medium-sized businesses (chapter A-33.01), and “qualified investment” means a qualified investment, as defined in that Act, in respect of which a validation certificate has been issued under that Act by Investissement Québec.

1992, c. 1, s. 201; 1995, c. 1, s. 175; 1995, c. 63, s. 219; 1997, c. 3, s. 71; 1998, c. 17, s. 64; 2001, c. 69, s. 12.

1049.33. Every employer who refuses to receive a written report made by an individual pursuant to section 1019.4 incurs, in respect of each such report, a penalty of $100 for each pay period in respect of which the employer so refuses to receive such a report.

1997, c. 85, s. 289.

1049.34. Every employee who fails to provide the employer with a copy of the logbook referred to in section 41.1.4 within the time specified in that section incurs a penalty of $200.

2005, c. 23, s. 234.

1050. Where, in any appeal under the Act respecting the Ministère du Revenu (chapter M-31), a penalty is in issue, the burden of establishing the facts referred to in sections 1049 to 1049.34 is on the Minister.

1972, c. 23, s. 774; 1979, c. 14, s. 6; 1982, c. 5, s. 188; 1983, c. 49, s. 19; 1986, c. 15, s. 186; 1988, c. 4, s. 138; 1989, c. 5, s. 233; 1990, c. 7, s. 201; 1991, c. 8, s. 92; 1992, c. 1, s. 202; 1997, c. 85, s. 290; 2005, c. 23, s. 235.

TITLE VI REFUNDS

1972, c. 23.

1051. Where a taxpayer has filed a fiscal return for a taxation year and has paid as tax, interest or a penalty for that year an amount greater than the amount that was exigible, the Minister may refund the overpayment to the taxpayer on mailing the notice of assessment for that year.

However, the Minister shall make the refund referred to in the first paragraph, if application is made for it by the taxpayer

(a)  within three years following the end of the taxation year concerned;

(b)  within the four years following the end of the taxation year concerned where the taxpayer is, at the end of that year, a mutual fund trust or a corporation other than a Canadian-controlled private corporation;

(c)  within the six years or seven years, as the case may be, following the taxation year concerned where paragraph a.1 of subsection 2 of section 1010 applies.

1972, c. 23, s. 775; 1982, c. 5, s. 189; 1983, c. 49, s. 20; 1985, c. 25, s. 154; 1986, c. 15, s. 187; 1990, c. 7, s. 202; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 231.

1051.1. Section 1051.2 applies to a taxpayer for a taxation year if, at any time after the beginning of the year,

(a)  the taxpayer has paid, in respect of the taxpayer’s tax payable for the year under this Part and of the taxpayer’s tax payable for the year under Parts IV, IV.1, VI and VI.1, one or more provisional accounts under section 1025 or 1026, subparagraph a of the first paragraph of section 1027 or any of sections 1145, 1159.7, 1175 and 1175.19, if they refer to that subparagraph a;

(b)  it is reasonable to conclude that the total amount of those provisional accounts exceeds the total amount of the tax that will be payable by the taxpayer for the year under those Parts; and

(c)  the Minister is of the opinion that the payment of those provisional accounts has caused or will cause undue hardship to the taxpayer.

2010, c. 5, s. 180.

1051.2. The Minister may refund to a taxpayer to whom this section applies for a taxation year all or part of the excess referred to in paragraph b of section 1051.1.

2010, c. 5, s. 180.

1051.3. For the purposes of the interest and penalties computed under this Part, a provisional account is deemed not to have been paid to the extent that all or part of the provisional account can reasonably be considered to have been refunded under section 1051.2.

2010, c. 5, s. 180.

1052. Where the amount of an overpayment by a taxpayer, otherwise than as a consequence of the application of any of Divisions II.16, II.17 and II.21 of Chapter III.1 of Title III or of section 1029.8.36.166.47, is refunded to, or applied to another liability of, the taxpayer, interest thereon shall be paid to the taxpayer for the period ending on the day the overpayment is refunded or applied, and beginning on the day that is the latest of

(a)  the day on which the overpayment was made following a notice of assessment;

(b)  the 46th day following the day on which the overpayment was made otherwise than following a notice of assessment;

(c)  the 46th day following the balance-due day in the case of an individual, or following the filing-due date in the case of a corporation;

(d)  the 46th day following the day on which the fiscal return giving rise to the overpayment was filed under sections 1000 to 1003;

(e)  where an overpayment is determined for a taxation year pursuant to an application to amend the fiscal return filed under sections 1000 to 1003 for that year, the 46th day following the day on which the Minister receives the application in writing;

(f)  if an overpayment is determined for a taxation year as a result of information sent by the Government of Canada or of a province, other than Québec, the 46th day following

i.  the day on which the Minister receives the information from that government, or

ii.  if it precedes the day mentioned in subparagraph i, the day on which the Minister receives the information from the taxpayer.

1972, c. 23, s. 776; 1981, c. 12, s. 13; 1982, c. 38, s. 14; 1983, c. 49, s. 21; 1985, c. 25, s. 155; 1986, c. 19, s. 193; 1989, c. 5, s. 234; 1991, c. 8, s. 93; 1992, c. 31, s. 4; 1997, c. 31, s. 127; 1997, c. 85, s. 291; 1999, c. 83, s. 232; 2007, c. 12, s. 220; 2009, c. 5, s. 491; 2009, c. 15, s. 360.

1053. For the purposes of section 1052, the portion of any overpayment of the tax payable by a taxpayer for a taxation year that arose as a consequence of the exclusion of an amount from the taxpayer’s income under sections 294 to 298 in respect of the exercise of an option in a subsequent taxation year, as a consequence of the exclusion of an amount from the taxpayer’s income, or of the deduction of an amount, by reason of the disposition, in a subsequent taxation year, of a work of art referred to in section 714.1 or 752.0.10.11.1 by a donee referred to in that section, as a consequence of the deduction of an amount relating to a subsequent taxation year, or because of an event in a subsequent taxation year, and referred to in any of paragraphs b to b.1.0.1, c to d.1.0.0.1 and d.1.1 to f of section 1012.1, as a consequence of the deduction of an amount under any of sections 785.2.2 to 785.2.4 from the proceeds of disposition of a property, because of an election made in a fiscal return for a subsequent taxation year, or as a consequence of the deduction of an amount relating to a preceding taxation year and referred to in any of sections 727 to 737 where that deduction is claimed after the expiry of the time limit provided for in section 1000 applicable to the taxation year, is deemed to have been paid to the Minister on the latest of

(a)  the forty-sixth day following the day on which an amended fiscal return of the taxpayer or a prescribed form was filed in accordance with any of sections 297, 716.0.1, 752.0.10.15, 1012 and 1054 so as to exclude from his income or to deduct the amount for the taxation year;

(b)  where, as a consequence of a request in writing, the Minister assessed the taxpayer’s tax for the year so as to exclude from his income or deduct the amount for the taxation year, the forty-sixth day following the day on which the request was made;

(c)  the forty-sixth day following the day immediately following the end of the subsequent taxation year relating to the amount excluded from the taxpayer’s income or deducted for the taxation year;

(d)  the forty-sixth day following the day on which the taxpayer or his legal representative files his fiscal return under this Part for the subsequent taxation year referred to in paragraph c.

1972, c. 23, s. 777; 1983, c. 49, s. 22; 1985, c. 25, s. 156; 1986, c. 19, s. 194; 1987, c. 67, s. 188; 1988, c. 4, s. 139; 1989, c. 5, s. 235; 1990, c. 7, s. 203; 1991, c. 25, s. 171; 1992, c. 31, s. 5; 1993, c. 64, s. 182; 1995, c. 63, s. 220; 1997, c. 31, s. 128; 1999, c. 83, s. 233; 2000, c. 5, s. 278; 2004, c. 8, s. 182; 2005, c. 23, s. 236; 2005, c. 38, s. 293; 2007, c. 12, s. 221.

1053.0.1. Where, for a particular taxation year, a taxpayer has included an amount in computing his income by reason of the disposition in a subsequent taxation year of a work of art referred to in section 714.1 or 752.0.10.11.1 by a donee referred to in either of those sections, and an overpayment of tax was refunded to him or was applied to another liability, his tax payable under this Part for the particular taxation year is deemed, for the purpose of computing interest payable under section 1052, to be equal to the tax that the taxpayer would have been required to pay had he not been entitled to so include that amount.

However, the amount by which the taxpayer’s tax payable under this Part for the particular taxation year is increased by reason of the inclusion of an amount described in the first paragraph is deemed, for the purpose of computing interest payable under section 1052, to have so increased the taxpayer’s tax payable under this Part for the particular taxation year, from the taxpayer’s filing-due date for the subsequent taxation year.

1995, c. 63, s. 221; 1997, c. 3, s. 71; 1997, c. 31, s. 143.

1053.0.1.1. If the amount of an overpayment by a corporation for a taxation year, as a consequence of the application for the year of section 1029.8.36.166.47 in relation to the unused portion of the tax credit of the corporation for a subsequent year, is refunded to, or applied to another liability of, the corporation, interest on the overpayment is to be paid to the corporation for the period ending on the day the overpayment is refunded or applied and beginning on the forty-sixth day following the day the prescribed form referred to in that section is filed with the Minister.

2009, c. 15, s. 361.

1053.0.2. If the amount of an overpayment by an individual for a taxation year as a consequence of the application, for the year, of Division II.16 or II.17 of Chapter III.1 of Title III, otherwise than as a consequence of the application of the second paragraph of any of sections 1029.8.109, 1029.8.116 and 1029.8.116.0.1, is refunded to, or applied to another liability of, the individual, interest on the overpayment is to be paid to the individual for the period ending on the day the overpayment is refunded or applied, and beginning on the day that is the latest of

(a)  the last day of the month specified for the year, within the meaning of section 1029.8.101 or 1029.8.110, as the case may be, to which the overpayment relates;

(a.1)  30 September 2007 if the overpayment relates to that month because of the application of section 1029.8.114.1;

(b)  the 46th day following the day on which the individual’s fiscal return, referred to in section 1029.8.105 or 1029.8.114, as the case may be, was filed for the year; and

(c)  where an overpayment is determined for the year pursuant to an application to amend the fiscal return referred to in section 1029.8.105 or 1029.8.114, as the case may be, for that year, the 46th day following the day on which the Minister receives the application in writing.

1997, c. 85, s. 292; 1999, c. 83, s. 234; 2009, c. 5, s. 492.

1053.0.3. If the amount of an overpayment by an individual for a taxation year as a consequence of the application, for the year, of the second paragraph of any of sections 1029.8.109, 1029.8.116 and 1029.8.116.0.1, is refunded to, or applied to another liability of, the individual, interest on the overpayment is to be paid to the individual for the period ending on the day the overpayment is refunded or applied, and beginning on the day that is the latest of

(a)  the last day of the month specified for the year, within the meaning of section 1029.8.101 or 1029.8.110, as the case may be, to which the overpayment relates;

(a.1)  30 September 2007 if the overpayment relates to that month; and

(b)  the 46th day following the day on which the Minister receives the application in writing referred to in that paragraph for the year.

1997, c. 85, s. 292; 1999, c. 83, s. 235; 2009, c. 5, s. 493.

1053.0.4. If the amount of an overpayment by a trust for a particular taxation year as a consequence of the application, for the particular year, of Division II.21 of Chapter III.1 of Title III, is refunded to, or applied to another liability of, the trust, interest on the overpayment is to be paid to the trust for the period ending on the day the overpayment is refunded or applied, and beginning

(a)  if the particular taxation year is the year 2007,

i.  on 15 May 2008 if the application referred to in subparagraph a of the second paragraph of section 1029.8.128 was filed with the Minister on or before 30 June 2008, and

ii.  in any other case, on the 46th day following the date on which the Minister received the application referred to in subparagraph a of the second paragraph of section 1029.8.128; and

(b)  if the particular taxation year is subsequent to the year 2007, on the 46th day following the later of

i.  the 90th day following the end of the particular year, and

ii.  the date on which the Minister received the application referred to in subparagraph a of the second paragraph of section 1029.8.128 for the particular year.

2009, c. 5, s. 494.

1053.1. (Repealed).

1989, c. 5, s. 236; 1994, c. 22, s. 329.

1053.2. Where, as a consequence of the application of section 771.5.1, the amount of an overpayment for a taxation year by a qualified corporation within the meaning of sections 771.5 to 771.7 is refunded to, or applied to another liability of, the qualified corporation, the qualified corporation’s tax payable under this Part for the taxation year is, for the purpose of computing interest to be paid pursuant to section 1052 in respect of that part of the period referred to therein preceding the time the corporation filed the return referred to therein in accordance with section 771.5.1, deemed to be equal to the tax that the corporation would have been required to pay had it not been a qualified corporation within the meaning of sections 771.5 to 771.7.

1990, c. 7, s. 204; 1995, c. 63, s. 261; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1999, c. 83, s. 236.

1054. If the legal representative referred to in section 1055 disposes, in the circumstances described in that section, of one or more properties of the succession of the deceased taxpayer, the following rules apply despite any other provision of this Part:

(a)  except for the purposes of section 741 and this subparagraph, the portion, corresponding, subject to the second paragraph, to the lesser of the following amounts, of a capital loss from the disposition of a particular capital property referred to in paragraph a of section 1055 is deemed to be a capital loss of the deceased taxpayer from the disposition of the particular capital property by the taxpayer in the taxpayer’s last taxation year and not to be a capital loss of the succession from the disposition of that capital property:

i.  the total of

(1)  the amount of the valid election made after 19 December 2006 by the legal representative under paragraph c of subsection 6 of section 164 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) in relation to the disposition of the particular capital property, and

(2)  if the total of the amounts of the valid elections made by the legal representative under paragraph c of subsection 6 of section 164 of the Income Tax Act in relation to the aggregate of the dispositions of properties of the succession corresponds to the maximum total of the amounts that the legal representative may then elect in accordance with that paragraph c in relation to the aggregate of those dispositions, the portion—that is specified by the legal representative, in the prescribed documents required under subparagraph d, in relation to the capital loss from the disposition of the particular capital property and that is not so specified in relation to another capital loss—of the portion of the excess amount referred to in paragraph a of section 1055 that is greater than the amount by which the maximum total of the amounts that the legal representative may then elect in accordance with that paragraph c in relation to the aggregate of the dispositions of properties of the succession exceeds the aggregate of all amounts each of which is the amount by which the amount referred to in subparagraph 1 in relation to a disposition of a capital property referred to in paragraph a of section 1055 exceeds the amount referred to in subparagraph ii in relation to that disposition, and

ii.  the amount of the capital loss otherwise determined from the disposition of the particular capital property;

(b)  the portion, corresponding, subject to the third paragraph, to the lesser of the following amounts, of a deductible amount described in paragraph b of section 1055 from the disposition of all the depreciable properties of a particular prescribed class of the succession is deductible in computing the income of the deceased taxpayer for the year in which the taxpayer died and is not deductible in computing a loss of the succession for its first taxation year:

i.  the total of

(1)  the amount of the valid election made after 19 December 2006 by the legal representative under paragraph d of subsection 6 of section 164 of the Income Tax Act in relation to the disposition of depreciable properties of the particular prescribed class, and

(2)  if the total of the amounts of the valid elections made by the legal representative under paragraph d of subsection 6 of section 164 of the Income Tax Act in relation to the aggregate of the dispositions of properties of the succession corresponds to the maximum total of the amounts that the legal representative may then elect in accordance with that paragraph d in relation to the aggregate of those dispositions, the portion—that is specified by the legal representative, in the prescribed documents required under subparagraph d, in relation to the deductible amount described in paragraph b of section 1055 from the disposition of all the depreciable properties of the particular prescribed class and that is not so specified in relation to another deductible amount described in that paragraph b—of the amount by which the amount described in the fourth paragraph exceeds the portion of the maximum total of the amounts that the legal representative may then elect in accordance with that paragraph d in relation to the aggregate of the dispositions of properties of the succession that is greater than the aggregate of all amounts each of which is the amount by which the amount referred to in subparagraph 1 in relation to the deductible amount described in paragraph b of section 1055 from the disposition of all the depreciable properties of a prescribed class of the succession exceeds the amount referred to in subparagraph ii in relation to that deductible amount, and

ii.  the deductible amount described in paragraph b of section 1055, otherwise determined, from the disposition of all the depreciable properties of the particular prescribed class;

(c)  in computing the taxable income of the deceased taxpayer for a taxation year preceding the year in which he died, no amount may be deducted in respect of an amount referred to in subparagraph a or b;

(d)  the legal representative shall, within the prescribed time, file with the Minister an amended fiscal return in the name of the deceased taxpayer for the taxation year in which the taxpayer died and the prescribed documents.

However, if the aggregate of the amounts determined under subparagraph a of the first paragraph in relation to the disposition of the capital properties referred to in paragraph a of section 1055 would, but for this paragraph, be greater than the excess amount referred to in paragraph a of that section, the amount otherwise determined under subparagraph a of the first paragraph in respect of such a capital property must, if applicable, be reduced to the amount specified in relation to that capital property by the legal representative of the deceased taxpayer in the prescribed documents required under subparagraph d of the first paragraph or, if no amount is so specified, by the Minister, so that the aggregate is equal to the excess amount referred to in paragraph a of section 1055.

In addition, if the aggregate of the amounts determined under subparagraph b of the first paragraph in relation to the deductible amounts described in paragraph b of section 1055 would, but for this paragraph, be greater than the amount described in the fourth paragraph, the amount otherwise determined under subparagraph b of the first paragraph in respect of such a deductible amount must, if applicable, be reduced to the amount specified in relation to that deductible amount by the legal representative of the deceased taxpayer in the prescribed documents required under subparagraph d of the first paragraph or, if no amount is so specified, by the Minister, so that the aggregate is equal to the amount described in the fourth paragraph.

The amount referred to in subparagraph 2 of subparagraph i of subparagraph b of the first paragraph and the third paragraph is equal to the amount that would, but for this section, represent the total of the non-capital loss and the farm loss of the succession for its first taxation year.

Chapter V.2 of Title II of Book I applies in relation to an election made under subsection 6 of section 164 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

1972, c. 23, s. 778; 1974, c. 18, s. 34; 1985, c. 25, s. 157; 1987, c. 67, s. 189; 1988, c. 18, s. 125; 1998, c. 16, s. 251; 2001, c. 7, s. 152; 2009, c. 5, s. 495.

1055. Section 1054 applies if, in the course of the administration of the succession of a deceased taxpayer, the legal representative of the deceased taxpayer disposes, within the first taxation year of the succession,

(a)  of the capital properties of the succession with the result that capital losses exceed capital gains; or

(b)  of all the depreciable properties of a prescribed class of the succession the undepreciated capital cost of which, at the end of the first taxation year of the succession, is deductible under section 130.1 or the regulations made under paragraph a of section 130 in computing the income of the succession for that year.

1972, c. 23, s. 779; 1972, c. 26, s. 75; 1974, c. 18, s. 35; 1975, c. 22, s. 239; 1978, c. 26, s. 207; 1987, c. 67, s. 190; 1988, c. 18, s. 126; 1998, c. 16, s. 251; 2009, c. 5, s. 496.

1055.1. Notwithstanding any other provision of this Act, if, within the first taxation year of the succession of a deceased taxpayer, a right to acquire a security, as defined in section 47.18, under an agreement in respect of which a benefit was deemed by section 52.1 to have been received by the taxpayer is exercised or disposed of by the taxpayer’s legal representative and the taxpayer’s legal representative makes an election in prescribed manner and within the prescribed time, the following rules apply:

(a)  the taxpayer is deemed to have incurred a loss from an office or employment for the year in which he died equal to the amount by which the amount of the benefit deemed under section 52.1 to have been received by him in respect of the right exceeds the aggregate of

i.  the amount by which the value of the right immediately before the time it was exercised or disposed of exceeds the amount paid by the taxpayer to acquire the right, and

ii.  where an amount has been deducted under section 725.2 in computing the taxpayer’s taxable income for the year in which the taxpayer died in respect of the benefit deemed under section 52.1 to have been received by the taxpayer in that year in respect of that right, 1/4 of the amount by which the amount of the benefit deemed under section 52.1 to have been received by the taxpayer in respect of that right exceeds the amount determined under subparagraph i;

(b)  the amount of the loss that would be determined under paragraph a if that paragraph were read without reference to subparagraph ii thereof, shall be deducted in computing the adjusted cost base to the succession of the right at any time; and

(c)  the legal representative shall, on or before the date prescribed for making the election under this section, file an amended fiscal return for the taxpayer for the year in which the taxpayer died to give effect to paragraph a.

1994, c. 22, s. 330; 1998, c. 16, s. 251; 2001, c. 53, s. 237; 2003, c. 2, s. 282; 2006, c. 36, s. 211.

1055.1.1. For the purposes of subparagraph ii of paragraph a of section 1055.1, if an amount was deducted under section 725.2, as a consequence of the application of section 725.2.0.1, in computing a taxpayer’s taxable income for the year in which the taxpayer died, that subparagraph ii is to be read as if “1/4” was replaced by “50%”.

2009, c. 15, s. 362.

1055.2. Despite any inconsistent provision of any law, a corporation may assign or hypothecate the right to claim an amount payable to it under this Act.

The assignment or hypothec is not binding on the State and, as a result, the following rules apply:

(a)  the Minister retains discretion to pay or not to pay the amount to the assignee or creditor;

(b)  the assignment or hypothec does not create any liability of the State to the assignee or creditor; and

(c)  the rights of the assignee or creditor are subject to the rights conferred on the State by section 31 of the Act respecting the Ministère du Revenu (chapter M-31) and any right to compensation of which the State may avail itself.

2000, c. 39, s. 217; 2006, c. 36, s. 212.

1056. (Repealed).

1972, c. 23, s. 780; 1972, c. 26, s. 76; 1974, c. 18, s. 36; 1975, c. 22, s. 240; 1985, c. 25, s. 158; 1987, c. 67, s. 191.

TITLE VI.1

Repealed, 1997, c. 85, s. 293.

1986, c. 103, s. 12; 1997, c. 85, s. 293.

1056.1. (Repealed).

1986, c. 103, s. 12; 1989, c. 4, s. 11; 1997, c. 85, s. 293.

1056.2. (Repealed).

1986, c. 103, s. 12; 1989, c. 4, s. 11; 1997, c. 85, s. 293.

1056.3. (Repealed).

1986, c. 103, s. 12; 1989, c. 4, s. 11; 1997, c. 85, s. 293.

TITLE VI.2 ELECTION

1993, c. 16, s. 340.

1056.4. The Minister may extend the time for making a prescribed election or grant permission to amend or revoke such an election if

(a)  the election was required to be made by a taxpayer or by a partnership on or before a particular day in a taxation year of the taxpayer or a fiscal period of the partnership; and

(b)  the taxpayer or the partnership applies, on or before the day that is ten calendar years after the end of the taxation year or the fiscal period, to the Minister for that extension or permission.

1993, c. 16, s. 340; 1997, c. 3, s. 71; 2005, c. 38, s. 294.

1056.4.0.1. On a written application by a taxpayer, the Minister may extend the time for making an election under Chapter II.1 of Title VI of Book III or grant permission for such an election made previously to be amended or revoked if

(a)  the application is made on or before the day that is three calendar years after the taxpayer’s filing-due date for the taxation year for which the election applies; and

(b)  the taxpayer is resident in Canada at the time of the application or, if the taxpayer is deceased at that time, at the time that is immediately before the taxpayer’s death.

The first paragraph does not apply to an election described in the definition of “joint election” in the first paragraph of section 336.8, enacted by the first paragraph of section 336.9.

However, if, in accordance with paragraph 3.201 of section 220 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the Minister of National Revenue extends the time for making an election referred to in the second paragraph or grants permission for such an election made previously to be amended or revoked, the Minister is deemed, for the purposes of this Title, to have so extended the time for making the election or so granted permission for such an election to be amended or revoked, under the first paragraph.

The third paragraph does not apply if the taxpayer who applied for an extension of the time for making an election referred to in the second paragraph for a particular taxation year, or the other taxpayer with whom the election must be made, was a transferor who was resident in Québec at the end of that year or, if the transferor died in that year, at the time that is immediately before the transferor’s death, and who made a joint election within the meaning of the first paragraph of section 336.8 with the transferor’s eligible spouse for the particular year within the meaning of sections 776.41.1 to 776.41.4 that has not been revoked in accordance with a permission obtained under the first paragraph.

2009, c. 5, s. 497.

1056.4.1. For the purposes of section 1056.4, the following rules apply:

(a)  a designation in the form prescribed for the purposes of subparagraph j of the first paragraph of section 485.3 or any of sections 485.6 to 485.11 and 485.40 is deemed to be a prescribed election;

(a.1)  a specification made under any of sections 279, 280.3 and 1054 in a fiscal return or other document is deemed to be a prescribed election; and

(b)  an allocation under section 1121.12 is deemed to be a prescribed election.

1996, c. 39, s. 255; 2001, c. 53, s. 238; 2009, c. 5, s. 498; 2010, c. 5, s. 181.

1056.5. The Minister shall, with dispatch, examine each application filed with him under section 1056.4 and, where the application is granted by the Minister, determine the penalty payable and send a notice of assessment in that respect to the taxpayer or the partnership.

1993, c. 16, s. 340; 1997, c. 3, s. 71.

1056.6. Where an application made under section 1056.4 is granted by the Minister, the taxpayer or the partnership incurs, in respect of the election or of the amended or revoked election, a penalty equal to $100 for each complete month from the day on or before which the election was required to be made to the day on which the application is made, up to $5,000.

1993, c. 16, s. 340; 1997, c. 3, s. 71.

1056.7. Where the Minister has extended the time for making an election or granted permission to amend an election, the election or amended election is deemed to have been made in the form in which and on or before the day on or before which the election was required to be made.

In addition, where the Minister has granted permission to amend or revoke an election, the election is deemed never to have been made.

1993, c. 16, s. 340.

1056.8. Notwithstanding section 1010, where the Minister extends the time for making an election or grants permission to amend or revoke an election, he shall make a new assessment and again determine the tax, interest and penalties for any taxation year to take into account the election or the amended or revoked election.

The same rule applies where a provision of an Act or regulation allows the making of an election in respect of a taxation year prior to the date of coming into force of that provision.

1993, c. 16, s. 340; 1995, c. 1, s. 176.

TITLE VII

Repealed, 1997, c. 85, s. 294.

1997, c. 85, s. 294.

1057. (Repealed).

1972, c. 23, s. 781; 1982, c. 5, s. 190; 1988, c. 21, s. 66; 1992, c. 31, s. 6; 1995, c. 1, s. 177; 1995, c. 36, s. 3; 1997, c. 31, s. 129; 1997, c. 85, s. 294.

1057.0.1. (Repealed).

1995, c. 63, s. 222; 1997, c. 3, s. 71; 1997, c. 85, s. 294.

1057.1. (Repealed).

1992, c. 31, s. 7; 1995, c. 36, s. 4; 1997, c. 85, s. 294.

1057.2. (Repealed).

1995, c. 36, s. 4; 1997, c. 85, s. 294.

1057.3. (Repealed).

1996, c. 31, s. 4; 1997, c. 85, s. 294.

1058. (Repealed).

1972, c. 23, s. 782; 1975, c. 83, s. 84; 1995, c. 36, s. 5.

1059. (Repealed).

1972, c. 23, s. 783; 1974, c. 18, s. 37; 1975, c. 83, s. 84; 1995, c. 36, s. 6; 1997, c. 85, s. 294.

1060. (Repealed).

1972, c. 23, s. 784; 1982, c. 5, s. 191; 1982, c. 38, s. 15; 1985, c. 25, s. 159; 1986, c. 15, s. 188; 1990, c. 7, s. 205; 1996, c. 31, s. 5; 1997, c. 85, s. 294.

1060.1. (Repealed).

1986, c. 103, s. 13; 1993, c. 16, s. 341; 1994, c. 22, s. 331; 1995, c. 63, s. 223; 1997, c. 85, s. 294.

1061. (Repealed).

1972, c. 23, s. 785; 1985, c. 25, s. 159; 1986, c. 15, s. 188; 1990, c. 7, s. 206; 1997, c. 85, s. 294.

1062. (Repealed).

1972, c. 23, s. 786; 1974, c. 18, s. 38; 1995, c. 36, s. 7.

TITLE VIII REVOCATION OF REGISTRATION OF CERTAIN ORGANIZATIONS AND ASSOCIATIONS

1972, c. 23; 1978, c. 26, s. 208.

1063. The Minister may revoke the registration of a charity, of a Canadian amateur athletic association or of a Québec amateur athletic association the registration of which has been recognized or authorized by this Part or by regulation, if such organization or association

(a)  applies therefor;

(b)  fails to comply with the conditions imposed by this Part or the regulations for the maintenance of its registration;

(c)  fails to file an information return as and when required under this Part or a regulation;

(d)  issues a receipt for a gift or donation otherwise than in accordance with this Part and the regulations or that contains false information;

(e)  fails to comply with or contravenes section 34 of the Act respecting the Ministère du Revenu (chapter M-31); or

(f)  in the case of a registered Canadian amateur athletic association or of a registered Québec amateur athletic association, accepts a gift or donation the granting of which was expressly or impliedly conditional upon the association making a gift or donation to another person, club, society or association.

1972, c. 23, s. 787; 1978, c. 26, s. 208; 1995, c. 49, s. 236; 1997, c. 14, s. 256; 2005, c. 23, s. 237.

1064. The Minister shall, before revoking the registration of an organization or association contemplated in section 1063, give notice of his intention by registered mail except if the revocation is effected upon the application of the organization or association.

1972, c. 23, s. 788; 1975, c. 83, s. 84; 1978, c. 26, s. 208; 1997, c. 14, s. 257; 1999, c. 83, s. 273.

1065. (1)  The revocation shall be by means of the publication of a notice for that purpose given by the Minister in the Gazette officielle du Québec.

(2)  The Minister may publish such notice without delay in the case provided for in paragraph a of section 1063; in all other cases, the Minister may publish it upon the expiry of the time limit specified in section 93.1.10.1 or 93.1.15 of the Act respecting the Ministère du Revenu (chapter M-31) for appealing if the decision has not been appealed or after final judgment if it has.

1972, c. 23, s. 789; 1978, c. 26, s. 208; 1995, c. 63, s. 224; 1997, c. 85, s. 295; 2005, c. 38, s. 295.

1065.1. Despite sections 1063 to 1065, if the registration of a charity is, for the purposes of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), revoked under paragraph c of subsection 4 of section 149.1 of that Act or under subsection 3 of section 168 of that Act, or annulled under subsection 23 of section 149.1 of that Act, the registration of that charity is deemed to be revoked or annulled for the purposes of this Act and the regulations.

2003, c. 2, s. 283; 2005, c. 38, s. 296; 2009, c. 15, s. 363.

BOOK X

Repealed, 1997, c. 85, s. 296.

1988, c. 21, s. 66; 1997, c. 85, s. 296.

1066. (Repealed).

1972, c. 23, s. 790; 1982, c. 38, s. 16; 1988, c. 21, s. 66; 1991, c. 12, s. 1; 1995, c. 63, s. 225; 1997, c. 3, s. 71; 1997, c. 14, s. 258; 1997, c. 85, s. 296.

1066.1. (Repealed).

1982, c. 5, s. 192; 1982, c. 38, s. 17; 1985, c. 25, s. 160; 1986, c. 15, s. 189; 1990, c. 7, s. 207; 1997, c. 85, s. 296.

1066.2. (Repealed).

1993, c. 16, s. 342; 1994, c. 22, s. 332; 1995, c. 63, s. 226; 1997, c. 85, s. 296.

1067. (Repealed).

1972, c. 23, s. 791; 1982, c. 5, s. 193; 1988, c. 21, s. 66; 1995, c. 36, s. 8; 1996, c. 31, s. 6; 1997, c. 85, s. 296.

1068. (Repealed).

1972, c. 23, s. 792; 1997, c. 85, s. 296.

1069. (Repealed).

1972, c. 23, s. 793; 1975, c. 21, s. 26; 1978, c. 26, s. 209; 1979, c. 18, s. 73; 1986, c. 15, s. 190; 1988, c. 21, s. 66; 1991, c. 25, s. 172; 1995, c. 36, s. 9; 1995, c. 49, s. 236; 1996, c. 31, s. 7; 1996, c. 39, s. 256; 1997, c. 14, s. 259; 1997, c. 85, s. 296.

1070. (Repealed).

1972, c. 23, s. 794; 1986, c. 15, s. 191; 1997, c. 85, s. 296.

1071. (Repealed).

1972, c. 23, s. 795; 1975, c. 83, s. 84; 1982, c. 5, s. 194; 1983, c. 47, s. 6; 1988, c. 21, s. 66; 1992, c. 31, s. 8; 1997, c. 85, s. 296.

1072. (Repealed).

1972, c. 23, s. 796; 1982, c. 5, s. 195; 1983, c. 47, s. 7; 1992, c. 31, s. 9; 1997, c. 85, s. 296.

1073. (Repealed).

1972, c. 23, s. 797; 1977, c. 26, s. 115; 1988, c. 21, s. 66; 1997, c. 85, s. 296.

1074. (Repealed).

1972, c. 23, s. 798; 1986, c. 19, s. 195; 1997, c. 85, s. 296.

1075. (Repealed).

1972, c. 23, s. 799; 1997, c. 85, s. 296.

1076. (Repealed).

1972, c. 23, s. 800; 1975, c. 83, s. 84; 1988, c. 21, s. 66; 1997, c. 85, s. 296.

1077. (Repealed).

1972, c. 23, s. 801; 1975, c. 22, s. 241; 1988, c. 21, s. 66; 1997, c. 85, s. 296.

1078. (Repealed).

1972, c. 23, s. 802; 1983, c. 47, s. 8; 1997, c. 85, s. 296.

1079. (Repealed).

1972, c. 23, s. 803; 1984, c. 35, s. 30; 1992, c. 31, s. 10; 1997, c. 85, s. 296.

BOOK X.1 IDENTIFICATION NUMBER FOR A TAX SHELTER

1990, c. 59, s. 350; 2000, c. 5, s. 279.

TITLE I DEFINITIONS AND INTERPRETATION

1990, c. 59, s. 350.

1079.1. In this Book,

“gifting arrangement” means any arrangement under which it may reasonably be considered, having regard to statements or representations made or proposed to be made in connection with the arrangement, that if a person were to enter into the arrangement, the person would

(a)  make a gift to a qualified donee, or a contribution referred to in the first paragraph of section 776, of property acquired by the person under the arrangement; or

(b)  incur a limited-recourse debt, determined under section 851.41.1, that may reasonably be considered to relate to a gift to a qualified donee or a contribution referred to in the first paragraph of section 776;

“person” includes a partnership;

“promoter” in respect of a tax shelter means a person who, in the course of a business,

(a)  issues or sells, or promotes the issuance, sale or acquisition of, the tax shelter;

(b)  acts as a mandatary or adviser in respect of the issuance or sale, or the promotion of the issuance, sale or acquisition, of the tax shelter; or

(c)  accepts consideration in respect of the tax shelter;

“tax shelter” means

(a)  a gifting arrangement described in paragraph b of the definition of “gifting arrangement” ; and

(b)  a gifting arrangement described in paragraph a of the definition of “gifting arrangement”, or a property, including any right to income, other than a flow-through share or a prescribed property, in respect of which it may reasonably be considered, having regard to statements or representations made or proposed to be made in connection with the gifting arrangement or the property, that, if a person were to enter into the gifting arrangement or acquire an interest in the property, the amount referred to in the second paragraph would, at the end of a particular taxation year that ends within four years after the day on which the gifting arrangement is entered into or the interest is acquired, equal or exceed the amount by which the cost to the person of the property acquired under the gifting arrangement, or of the interest in the property at the end of the particular year, determined without reference to Title VIII of Book VI, would exceed the aggregate of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of the property acquired under the gifting arrangement, or of the interest in the property, by the person or any person with whom the person does not deal at arm’s length.

The amount to which the definition of “tax shelter” in the first paragraph refers is, for the particular taxation year referred to in that definition, the aggregate of all amounts each of which is

(a)  an amount, or a loss in the case of a partnership interest, represented to be deductible in computing the person’s income for the particular year or any preceding taxation year in respect of the gifting arrangement or the interest in the property, including, if the property is a right to income, an amount or loss in respect of that right that is stated or represented to be so deductible; or

(b)  any other amount stated or represented to be deemed under this Part to be paid on account of the person’s tax payable, or to be deductible in computing the person’s income, taxable income or tax payable under this Part, for the particular year or any preceding taxation year in respect of the gifting arrangement or the interest in the property, other than an amount so stated or represented that is included in computing a loss described in subparagraph a.

In this Book, more than one person may act as a tax shelter promoter in respect of the same tax shelter.

1990, c. 59, s. 350; 2000, c. 5, s. 280; 2001, c. 7, s. 153; 2005, c. 1, s. 275; 2009, c. 5, s. 499.

TITLE II GENERALITIES

1990, c. 59, s. 350.

1079.2. A promoter in respect of a tax shelter shall apply to the Minister in prescribed form for an identification number for the tax shelter, unless an application therefor has already been made in respect of the tax shelter.

1990, c. 59, s. 350; 2000, c. 5, s. 293.

1079.3. Upon receipt of an application under section 1079.2 for an identification number for a tax shelter, together with prescribed information, the amount of $200 and an undertaking satisfactory to the Minister that records in respect of the tax shelter will be kept and retained at a place that is satisfactory to the Minister, the Minister shall issue an identification number for the tax shelter.

1990, c. 59, s. 350; 1992, c. 31, s. 11; 1996, c. 39, s. 257; 2000, c. 5, s. 293; 2000, c. 25, s. 1.

1079.4. No person shall issue or sell, or accept consideration in respect of, a tax shelter before the Minister has issued an identification number for the tax shelter.

1990, c. 59, s. 350; 2000, c. 5, s. 281.

1079.5. Every promoter in respect of a tax shelter shall

(a)  make reasonable efforts to ensure that all persons who acquire or otherwise invest in the tax shelter are provided with the identification number issued by the Minister for the tax shelter;

(b)  prominently display on the upper right-hand corner of any statement of earnings prepared by or on behalf of the promoter in respect of the tax shelter the identification number issued for the tax shelter; and

(c)  on every written statement made after 31 December 1995 by the promoter that refers either directly or indirectly and either expressly or implicitly to the issuance by the Minister of an identification number for the tax shelter, as well as on the copies of the portion of the information return to be forwarded pursuant to section 1079.7.3, prominently display

i.  the following French text:

"Le numéro d’identification attribué à cet abri fiscal doit figurer dans toute déclaration d’impôt sur le revenu produite par l’investisseur. L’attribution de ce numéro n’est qu’une formalité administrative et ne confirme aucunement le droit de l’investisseur aux avantages fiscaux découlant de cet abri fiscal.", or

ii.  the following French and English texts:

"Le numéro d’identification attribué à cet abri fiscal doit figurer dans toute déclaration d’impôt sur le revenu produite par l’investisseur. L’attribution de ce numéro n’est qu’une formalité administrative et ne confirme aucunement le droit de l’investisseur aux avantages fiscaux découlant de cet abri fiscal.

The identification number issued for this tax shelter shall be included in any income tax return filed by the investor. Issuance of the identification number is for administrative purposes only and does not in any way confirm the entitlement of an investor to claim any tax benefits associated with the tax shelter."

1990, c. 59, s. 350; 2000, c. 5, s. 281.

TITLE III DEDUCTION

1990, c. 56, s. 350.

1079.6. No amount may be deducted or claimed by a person in respect of a tax shelter unless the person files with the Minister the prescribed form containing prescribed information and, where the person was an individual resident in Québec at the time the person acquired or otherwise invested in the tax shelter, the identification number for the tax shelter, and, in other cases, either that identification number or the identification number issued under subsection 3 of section 237.1 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement) by the Minister of Revenue of Canada for the tax shelter.

1990, c. 59, s. 350; 1993, c. 16, s. 343; 1993, c. 19, s. 141; 2000, c. 5, s. 281.

1079.6.1. No amount may be deducted, claimed or deemed to have been paid by any person for any taxation year in respect of a tax shelter of the person where any person incurs a penalty under section 1049.0.2, as it applied before its repeal, or 1079.7.4 in respect of the tax shelter or interest on the penalty and the penalty or interest has not been paid.

2000, c. 5, s. 282.

TITLE IV ADMINISTRATION

1990, c. 59, s. 350.

1079.7. Every promoter in respect of a tax shelter who accepts consideration in respect of the tax shelter from an individual resident in Québec at the time of the acceptance or who acts as a mandator or mandatary in respect of such an acceptance in a calendar year shall, in prescribed form and manner, file an information return for the year, unless such a return in respect of the tax shelter has already been filed in accordance with this section, containing

(a)  the name, address and Social Insurance Number of each individual who so acquired or otherwise invested in the tax shelter in the year and who was resident in Québec at the time of the acquisition or investment;

(b)  the amount paid in respect of the tax shelter by each individual referred to in paragraph a; and

(c)  such other information as is required by the prescribed form.

1990, c. 59, s. 350; 1993, c. 19, s. 142; 2000, c. 5, s. 283.

1079.7.1. An information return required under section 1079.7 to be filed in respect of the acquisition of a tax shelter in a calendar year or an investment in a tax shelter in the year shall be filed with the Minister on or before the last day of February of the following calendar year.

2000, c. 5, s. 284.

1079.7.2. Notwithstanding section 1079.7.1, where a person is required under section 1079.7 to file an information return in respect of a business or activity and the person discontinues that business or activity, the return shall be filed on or before the earlier of

(a)  the day referred to in section 1079.7.1; and

(b)  the day that is 30 days after the day on which the person discontinues the business or activity, as the case may be.

2000, c. 5, s. 284.

1079.7.3. Every person required to file an information return under section 1079.7 shall, on or before the day on or before which the return is required to be filed with the Minister, forward to each person to whom the return relates two copies of the portion of the return relating to that person.

2000, c. 5, s. 284.

1079.7.4. Every person who files false or misleading information with the Minister in an application under section 1079.2 or issues, sells or accepts consideration in respect of a tax shelter before the Minister has issued an identification number for the tax shelter incurs a penalty equal to the proportion determined under the second paragraph of the greater of

(a)  $500; and

(b)  25% of the aggregate of all amounts each of which is the consideration received or receivable from a person in respect of the tax shelter before the correct information is filed with the Minister or the identification number is issued, as the case may be.

The proportion to which the first paragraph refers is the proportion that the amount of the aggregate of all amounts each of which is a consideration received or receivable from an individual who, before the time referred to in subparagraph b of the first paragraph, acquired or otherwise invested in the tax shelter referred to in that subparagraph b and who was resident in Québec at the time of the acquisition or investment is of the aggregate of all amounts each of which is a consideration received or receivable from a person who, before the time referred to in that subparagraph b, acquired or otherwise invested in the tax shelter.

2000, c. 5, s. 284.

1079.7.5. Where a partnership incurs a penalty under section 1079.7.4, the following provisions apply, with the necessary modifications, with respect to the penalty as if the partnership were a corporation:

(a)  sections 1005 to 1014, 1034 to 1034.0.2, 1035 to 1044.0.2 and 1051 to 1055.1;

(b)  sections 14, 14.4 to 14.6, Division II.1 of Chapter III and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31).

2000, c. 5, s. 284.

1079.8. Where an application for an identification number for a tax shelter has been made under section 1079.2, sections 38 to 40.1 of the Act respecting the Ministère du Revenu (chapter M-31) apply, with the necessary modifications and without restricting the generality thereof, for the purposes of permitting the Minister to verify or ascertain any information in respect of the tax shelter.

The first paragraph applies, notwithstanding that a fiscal return has not been filed by any taxpayer under section 1000 for the taxation year of the taxpayer in which an amount is claimed as a deduction in respect of the tax shelter.

1990, c. 59, s. 350; 1995, c. 63, s. 261; 2000, c. 5, s. 293.

BOOK X.2 DISCLOSURE OF TRANSACTIONS

2010, c. 25, s. 189.

TITLE I DEFINITIONS AND INTERPRETATION

2010, c. 25, s. 189.

1079.8.1. In this Book,

“adviser” in respect of a transaction means a person or partnership that provides help, assistance or advice regarding the design or implementation of the transaction, or that commercializes or promotes it;

“confidential transaction”, carried out by a taxpayer or by a partnership of which a taxpayer is a member, means a transaction under which the taxpayer or partnership retained the services of an adviser in respect of the transaction and under which the contract between the taxpayer and the adviser or between the partnership and the adviser, as the case may be, includes, in relation to the transaction, an undertaking of confidentiality of the taxpayer or partnership towards other persons or towards an income taxation authority in Canada or elsewhere;

“tax benefit” means a reduction, avoidance or deferral of the tax or of another amount payable under this Act or an increase in a refund of tax or of another amount under this Act, including a reduction, avoidance or deferral of the tax or of another amount that would be payable under this Act but for a tax agreement, and an increase in a refund of tax or of another amount under this Act that results from a tax agreement;

“transaction” includes an arrangement or event, and a series of transactions;

“transaction involving conditional remuneration”, carried out by a taxpayer or by a partnership of which a taxpayer is a member, means, subject to the second paragraph, a transaction in relation to which the remuneration of an adviser in respect of the transaction takes on any of the following forms:

(a)  all or part of the remuneration is conditional on obtaining a tax benefit resulting from the transaction or is determined, in whole or in part, on the basis of the tax benefit;

(b)  all or part of the remuneration may be refunded, in any manner whatever, if the expected tax benefit from the transaction fails to materialize;

(c)  all or part of the remuneration is earned by the adviser only after the expiry of a prescription period that is provided for in a law and that applies to the taxpayer’s taxation year or taxation years in which the transaction takes place.

For the purposes of the definition of “transaction involving conditional remuneration” in the first paragraph, the following transactions are excluded:

(a)  any request related to the payment to a taxpayer of an amount the taxpayer is deemed to have paid to the Minister on account of tax payable under this Part for a taxation year;

(b)  any request related to the analysis and review of an amount of interest payable by a taxpayer under this Act, following an assessment, a reassessment or an additional assessment for a taxation year;

(c)  any request related to the review of a fiscal return of a taxpayer for a taxation year following its filing under this Act; and

(d)  a transaction in respect of which an agreement has been entered into with a person who is a member of a professional order and under which the result obtained by the person is one of the factors taken into consideration in determining the person’s remuneration, in accordance with a provision of the code of ethics adopted by the professional order under the authority of which the person practises the profession.

For the purposes of the definition of “confidential transaction” in the first paragraph, it is understood that an undertaking of confidentiality towards other persons does not include a clause providing that an adviser’s professional liability exists only towards the adviser’s client and according to which a third party may not, for that party’s own purposes, rely on the opinion given by the adviser to the client.

2010, c. 25, s. 189.

1079.8.2. For the purposes of the definition of “confidential transaction” in the first paragraph of section 1079.8.1, the following rules apply:

(a)  if a contract with an adviser is entered into by a corporation associated with, or a person related to, at the time at which the contract is entered into, the taxpayer or the partnership, the contract is deemed to have been entered into by the taxpayer or the partnership, as the case may be; and

(b)  if an undertaking of confidentiality is made with an adviser by a corporation associated with, or a person related to, at the time at which the undertaking is made, the taxpayer or the partnership, the undertaking is deemed to have been made by the taxpayer or the partnership, as the case may be.

2010, c. 25, s. 189.

1079.8.3. For the purposes of this Book, the following rules apply:

(a)  if a person is a member, or is deemed because of the application of this paragraph to be a member, of a partnership that is a member of another partnership, the person is deemed to be a member of the other partnership;

(b)  for the purpose of determining whether a corporation is associated with, or whether a person is related to, a partnership at a particular time, the partnership is deemed to be a corporation whose taxation year corresponds to the partnership’s fiscal period and all the voting shares in the capital stock of which are owned at that time by each member of the partnership in a proportion equal to the agreed proportion that would be determined in respect of the member for the partnership’s fiscal period if the fiscal period ended at that time; and

(c)  for the purpose of determining whether a person is related to a taxpayer or a partnership at a particular time, a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this paragraph referred to as the “distribution date”) and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  are owned at that time by such a beneficiary, if that beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a discretionary power, and if that time occurs before the distribution date, or

(2)  are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries, if subparagraph 1 does not apply and that time occurs before the distribution date,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a discretionary power, are owned at that time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at that time by the person referred to in that section from whom property of the trust or property for which property of the trust was substituted was directly or indirectly received.

2010, c. 25, s. 189.

1079.8.4. For the purposes of sections 1079.8.5 and 1079.8.6, the following rules apply:

(a)  the amount of the impact on a taxpayer’s income for a taxation year, resulting from a particular transaction referred to in either of those sections, is to be determined by the formula

A + B; and

(b)  the amount of the impact on a particular partnership’s income for a fiscal period, resulting from a particular transaction referred to in either of those sections, is to be determined by the formula

C + D.

In the formulas in subparagraphs a and b of the first paragraph,

(a)  A is the amount by which the taxpayer’s income that would be determined for the taxation year if the particular transaction were not taken into account, exceeds the taxpayer’s income for the taxation year;

(b)  B is the amount by which the aggregate of all amounts each of which is the taxpayer’s non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for the taxation year, exceeds the aggregate of all amounts each of which would be the taxpayer’s non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for the taxation year if the particular transaction were not taken into account;

(c)  C is the amount by which the amount that would be the particular partnership’s income for the fiscal period if the particular transaction were not taken into account, exceeds the particular partnership’s income for the fiscal period; and

(d)  D is the amount by which the aggregate of all amounts each of which would have been the particular partnership’s non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for the fiscal period if the particular partnership were a taxpayer whose taxation year coincides with the fiscal period, exceeds the aggregate determined under the third paragraph.

The aggregate to which subparagraph d of the second paragraph refers is the aggregate of all amounts each of which would be the particular partnership’s non-capital loss, farm loss, net capital loss, restricted farm loss or limited partnership loss for the fiscal period if the particular partnership were a taxpayer whose taxation year coincides with the fiscal period and if the particular transaction were not taken into account.

2010, c. 25, s. 189.

TITLE II MANDATORY DISCLOSURE

2010, c. 25, s. 189.

1079.8.5. A taxpayer who carries out a transaction involving conditional remuneration in a taxation year or who is a member of a partnership that carries out such a transaction in a fiscal period shall, in an information return filed in accordance with section 1079.8.9 and within the time limit provided for in section 1079.8.10, disclose the transaction to the Minister for the taxation year or fiscal period, as the case may be, if, but for Title I of Book XI, the transaction would result, directly or indirectly,

(a)  where the transaction is carried out by the taxpayer, in a tax benefit of $25,000 or more for the taxpayer, or in an impact on the income of the taxpayer of $100,000 or more, for the year; or

(b)  where the transaction is carried out by the partnership, in an impact on the income of the partnership of $100,000 or more for the fiscal period.

Despite the first paragraph, the obligation to disclose provided for in that paragraph applies, in the case of a limited partnership, to all of its general partners and to them only.

2010, c. 25, s. 189.

1079.8.6. A taxpayer who carries out a confidential transaction in a taxation year or who is a member of a partnership that carries out such a transaction in a fiscal period shall, in an information return filed in accordance with section 1079.8.9 and within the time limit provided for in section 1079.8.10, disclose the transaction to the Minister for the taxation year or fiscal period, as the case may be, if, but for Title I of Book XI, the transaction would result, directly or indirectly,

(a)  where the transaction is carried out by the taxpayer, in a tax benefit of $25,000 or more for the taxpayer, or in an impact on the income of the taxpayer of $100,000 or more, for the year; or

(b)  where the transaction is carried out by the partnership, in an impact on the income of the partnership of $100,000 or more for the fiscal period.

Despite the first paragraph, the obligation to disclose provided for in that paragraph applies, in the case of a limited partnership, to all of its general partners and to them only.

2010, c. 25, s. 189.

TITLE III PREVENTIVE DISCLOSURE

2010, c. 25, s. 189.

1079.8.7. A taxpayer may disclose to the Minister, in an information return that must be filed in accordance with section 1079.8.9 and within the time limit provided for in section 1079.8.10, any transaction that began to be carried out in a taxation year or fiscal period, as the case may be, by the taxpayer or a partnership of which the taxpayer is a member.

2010, c. 25, s. 189.

TITLE IV ADDITIONAL RULES

2010, c. 25, s. 189.

1079.8.8. For the purposes of this Book, a disclosure made by a member of a partnership is deemed to have been made by each other member of the partnership.

2010, c. 25, s. 189.

1079.8.9. An information return, in respect of a transaction, whose filing is provided for in any of sections 1079.8.5 to 1079.8.7 must be sent to the Minister under separate cover by registered mail, in the prescribed form, and contain the following information:

(a)  the identity of all the parties involved in the transaction and their relationship to each other during the time the transaction was carried out;

(b)  a complete description of the facts relating to the transaction;

(c)  a statement of the tax consequences resulting from the transaction; and

(d)  such other information as is required by the prescribed form.

The description of the facts and the statement of the tax consequences must be sufficiently detailed to allow the Minister to analyze the transaction and have a fair understanding of the tax consequences.

The Minister shall acknowledge receipt of the information return referred to in the first paragraph.

2010, c. 25, s. 189.

1079.8.10. The information return, in respect of a transaction, whose filing is provided for in any of sections 1079.8.5 to 1079.8.7 must be sent to the Minister on or before the filing-due date of the taxpayer who carried out the transaction for the taxation year referred to in that section or, if the transaction is carried out by a partnership, on or before the day, determined in accordance with section 1086R80 of the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), on which the partnership return provided for in section 1086R78 of that Regulation is required to be filed for the partnership’s fiscal period referred to in section 1079.8.5, 1079.8.6 or 1079.8.7, as the case may be, or would be required to be so filed but for section 36.1 of the Act respecting the Ministère du Revenu (chapter M-31).

2010, c. 25, s. 189.

1079.8.11. An information return, in respect of a transaction, whose filing is provided for in any of sections 1079.8.5 to 1079.8.7 and that is sent to the Minister is deemed to have been sent to the Minister in accordance with section 1079.8.9 if, within 120 days after the day on which it was sent, the Minister does not communicate with the person who filed the return in order to obtain additional information in relation to the transaction or the tax consequences resulting from the transaction.

2010, c. 25, s. 189.

1079.8.12. For the purposes of Title I of Book XI, the disclosure under this Book of a transaction may not be considered to be an admission with respect to the application of the rules of that Title I to the transaction so disclosed.

2010, c. 25, s. 189.

TITLE V FAILURE TO DISCLOSE

2010, c. 25, s. 189.

1079.8.13. If, in relation to a transaction to which section 1079.8.5 or 1079.8.6 applies, a taxpayer who carried out the transaction or a member of a partnership that carried out the transaction fails to send, in accordance with that section, an information return within the time limit provided for in section 1079.8.10 in respect of the transaction, the taxpayer or the partnership, as the case may be, incurs a penalty of $10,000 and an additional penalty of $1,000 a day, as of the second day, for every day the failure continues, up to $100,000.

However, the taxpayer or the partnership, as the case may be, may not incur, in respect of the same failure, both the penalty provided for in the first paragraph and the penalty provided for in section 59 of the Act respecting the Ministère du Revenu (chapter M-31).

2010, c. 25, s. 189.

1079.8.14. If a partnership incurs a penalty under section 1079.8.13, the following provisions apply, with the necessary modifications, in respect of the penalty as if the partnership were a corporation:

(a)  sections 1005 to 1014, 1034 to 1034.0.2, 1035 to 1044.0.2 and 1051 to 1055.1; and

(b)  sections 14, 14.4 to 14.6, Division II.1 of Chapter III and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31).

2010, c. 25, s. 189.

1079.8.15. If, in relation to a taxation year of a particular taxpayer described in the second paragraph for which tax consequences under this Act result from a transaction involving conditional remuneration or a confidential transaction, a taxpayer who carried out the transaction or a member of a partnership that carried out the transaction fails to send, in accordance with section 1079.8.5 or 1079.8.6, an information return within the time limit provided for in section 1079.8.10 in respect of the transaction, the Minister may, despite the expiry of the time limits provided for in section 1010, redetermine the tax, interest and penalties or any other amount, under this Act, and make a redetermination, reassessment or additional assessment for the taxation year in respect of the particular taxpayer

(a)  on or before the day that is three years after the day on which an information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a of subsection 2 of section 1010;

(b)  on or before the day that is four years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the period referred to in paragraph a.0.1 of subsection 2 of section 1010;

(c)  on or before the day that is six years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the first period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction; or

(d)  on or before the day that is seven years after the day referred to in subparagraph a, if the period for which the Minister could, before the expiry of the time limits provided for in section 1010, make a reassessment or an additional assessment in respect of the particular taxpayer is the second period referred to in paragraph a.1 of subsection 2 of section 1010 and if any of the conditions in subparagraphs i to vii of that paragraph a.1 is applicable in respect of the transaction.

The particular taxpayer to which the first paragraph refers, in relation to a taxation year for which tax consequences under this Act result from a transaction referred to in that paragraph, is

(a)  the taxpayer who carried out the transaction;

(b)  each taxpayer who is a member of the partnership that carried out the transaction, at the end of the partnership’s fiscal period that ends in the taxation year;

(c)  a corporation that is associated with the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out;

(d)  a corporation that is associated with a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out;

(e)  a person who is related to the taxpayer or the partnership that carried out the transaction, at the time the transaction is carried out; or

(f)  a person who is related to a taxpayer who is a member of the partnership that carried out the transaction, at the time the transaction is carried out.

However, the Minister may, in respect of a taxation year for which tax consequences under this Act result from a transaction referred to in the first paragraph, make a reassessment or an additional assessment under the first paragraph only to the extent that the reassessment or additional assessment may reasonably be considered to relate to those tax consequences.

2010, c. 25, s. 189.

BOOK XI TAX EVASION

1972, c. 23.

TITLE I TAX AVOIDANCE

1972, c. 23; 1987, c. 67, s. 192.

1079.9. For the purposes of this Title and section 1006.1,

“promoter” of a transaction or a series of transactions means a person or a partnership in respect of which the following conditions are met:

(a)  the person or partnership commercializes the transaction or series of transactions, promotes it or otherwise supports its development or the interest it generates;

(b)  the person or partnership receives or is entitled to receive, directly or indirectly, a consideration for the commercialization, promotion or support, or another person or partnership related to, or associated with, the person or partnership receives or is entitled to so receive such a consideration; and

(c)  it is reasonable to consider that the person or partnership assumes an important role in the commercialization, promotion or support;

“tax benefit” means a reduction, avoidance or deferral of the tax or of another amount payable under this Act or an increase in a refund of tax or of another amount under this Act, including a reduction, avoidance or deferral of the tax or of another amount that would be payable under this Act but for a tax agreement, and an increase in a refund of tax or of another amount under this Act that results from a tax agreement;

“tax consequences” to a person means the amount of income, taxable income, or taxable income earned in Canada of, tax or other amount payable by, or refundable to the person under this Act, or any other amount that is relevant for the purposes of computing that amount;

“transaction” includes an arrangement or event.

The definition of “tax agreement” in section 1 is deemed, for the purposes of this Title, to have effect from 13 September 1988.

For the purposes of paragraph c of the definition of “promoter” in the first paragraph, the following rules apply in respect of an employee of a person or partnership:

(a)  the employee, other than a specified employee, is not considered to assume an important role in the person’s or partnership’s commercialization of, promotion of or support of the development of or interest in a transaction or series of transactions; and

(b)  the conduct of the employee is deemed to be the conduct of the person or partnership.

1990, c. 59, s. 351; 2006, c. 13, s. 203; 2010, c. 25, s. 190.

1079.9.1. For the purposes of the definition of “promoter” in the first paragraph of section 1079.9 and section 1079.13.2, the following rules apply:

(a)  for the purpose of determining whether, at a particular time, a person or a partnership is associated with, or related to, another person or partnership, a partnership is deemed to be a corporation whose taxation year corresponds to its fiscal period and all the voting shares in the capital stock of which are owned at that time by each of its members in a proportion equal to the agreed proportion that would be determined in respect of the member for the partnership’s fiscal period if the fiscal period ended at that time; and

(b)  for the purpose of determining whether, at a particular time, a person or a partnership is related to another person or partnership, a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries (in this paragraph referred to as the “distribution date”) and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  are owned at that time by such a beneficiary, if that beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if that time occurs before the distribution date, or

(2)  are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries, if subparagraph 1 does not apply and that time occurs before the distribution date,

ii.  if a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at that time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at that time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at that time by the person referred to in that section from whom property of the trust or property for which property of the trust was substituted was directly or indirectly received.

2010, c. 25, s. 191.

1079.10. Where a transaction is an avoidance transaction, the tax consequences to a person shall be determined as is reasonable in the circumstances in order to deny a tax benefit that, but for this Title, would result, directly or indirectly, from that transaction or from a series of transactions that includes that transaction.

1990, c. 59, s. 351.

1079.11. An avoidance transaction is any transaction that, but for this Title, would result, directly or indirectly, in a tax benefit or that is part of a series of transactions, which series, but for this Title, would result, directly or indirectly, in a tax benefit, unless the transaction in either case may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes.

For the purposes of the first paragraph, the following purposes of a transaction or a combination of them are not considered as bona fide purposes:

(a)  the obtainment of a tax benefit;

(b)  the reduction, avoidance or deferral of tax or of another amount payable as tax or in respect of tax under an Act of Canada or of a province, other than this Act; and

(c)  the increase of a refund of tax or of another amount as tax or in respect of tax under an Act of Canada or of a province, other than this Act.

1990, c. 59, s. 351; 1996, c. 39, s. 258; 2010, c. 25, s. 192.

1079.12. Section 1079.10 applies to a transaction only if it may reasonably be considered that

(a)  but for this Title, the transaction would directly or indirectly result in a misuse of the provisions of one or more of

i.  this Act,

ii.  the Act respecting the application of the Taxation Act (chapter I-4),

iii.  the Regulation respecting the Taxation Act (chapter I-3, r. 1),

iv.  a tax agreement, or

v.  any other legislative or regulatory provision that is relevant for computing the tax or another amount payable by a person or refundable to a person under this Act, or for determining an amount that is to be taken into account in that computation; or

(b)  the transaction would directly or indirectly result in an abuse having regard to the provisions referred to in paragraph a, other than this Title, read as a whole.

1990, c. 59, s. 351; 2006, c. 13, s. 204.

1079.13. Without restricting the generality of section 1079.10 and despite any other legislative or regulatory provision, in determining the tax consequences to a person as is reasonable in the circumstances in order to deny a tax benefit that, but for this Title, would result, directly or indirectly, from an avoidance transaction,

(a)  any deduction, exemption or exclusion in computing income, taxable income, taxable income earned in Canada or tax payable or any part thereof may be allowed or disallowed in whole or in part;

(b)  any deduction, exemption or exclusion referred to in paragraph a, any income, loss or other amount or part thereof may be allocated to any person;

(c)  the nature of any payment or other amount may be recharacterized;

(d)  the tax effects that would otherwise result from the application of other provisions of this Act may be ignored.

1990, c. 59, s. 351; 2006, c. 13, s. 205.

1079.13.1. If, as a consequence of the application of section 1079.10 in respect of a transaction, the tax consequences to a person are determined as is reasonable in the circumstances in order to deny a tax benefit, the person incurs a penalty equal to 25% of the amount of the tax benefit denied.

However, the first paragraph does not apply if the person filed an information return in respect of the transaction, or series of transactions that includes the transaction, in accordance with any of sections 1079.8.5 to 1079.8.7.

2010, c. 25, s. 193.

1079.13.2. If a person (in this section referred to as the “particular person”) incurs a penalty under section 1079.13.1 in respect of a transaction, the promoter of the transaction, or of the series of transactions that includes the transaction, incurs a penalty equal to 12.5% of

(a)  if the transaction or series of transactions is carried out by the particular person, the aggregate of all amounts each of which is a consideration that the promoter, or a person or partnership related to, or associated with, the promoter, has received or is entitled to receive, directly or indirectly, from any person or partnership in respect of the transaction; or

(b)  if the transaction or series of transactions is carried out by a partnership of which the particular person is a member, the amount that is the agreed proportion of the aggregate referred to in subparagraph a in respect of the particular person for the partnership’s fiscal period in which the transaction or series of transactions is carried out.

If a penalty incurred by a particular person under section 1079.13.1 in relation to a transaction is cancelled in consequence of an objection, an appeal or a summary appeal, as the case may be, the Minister shall, despite the expiry of the time limits provided for in section 1010, make a reassessment and redetermine the interest and penalties payable by the promoter of the transaction or of the series of transactions, under the first paragraph, in order to take the decision or judgment into account.

2010, c. 25, s. 193.

1079.13.3. For the purposes of subparagraph b of the first paragraph of section 1079.13.2, the following rules apply if a particular person is a member, or is deemed because of the application of this section to be a member, of a partnership (in this section referred to as the “interposed partnership”) at the end of a fiscal period of the interposed partnership (in this section referred to as the “interposed fiscal period”), and the interposed partnership is itself a member of a given partnership at the end of the given partnership’s given fiscal period that ends in the interposed fiscal period:

(a)  the particular person is deemed to be a member of the given partnership at the end of the given fiscal period; and

(b)  the agreed proportion in respect of the particular person for the given partnership’s given fiscal period is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the particular person for the interposed partnership’s interposed fiscal period by the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period.

2010, c. 25, s. 193.

1079.13.4. If a partnership incurs a penalty under section 1079.13.2, the following provisions apply, with the necessary modifications, in respect of the penalty as if the partnership were a corporation:

(a)  sections 1005 to 1014, 1034 to 1034.0.2, 1035 to 1044.0.2 and 1051 to 1055.1; and

(b)  sections 14, 14.4 to 14.6, Division II.1 of Chapter III and Chapters III.1 and III.2 of the Act respecting the Ministère du Revenu (chapter M-31).

2010, c. 25, s. 193.

1079.14. Where a notice of assessment, reassessment or additional assessment involving the application of section 1079.10 with respect to a transaction has been sent to a person, or a notice of determination pursuant to section 1006.1 has been sent to a person with respect to a transaction, any person other than a person to whom any such notice has been sent to shall be entitled, within 180 days after the day of sending of the notice, to request in writing that the Minister make an assessment, reassessment or additional assessment applying section 1079.10 or make a determination applying section 1006.1 with respect to that transaction.

However, where the person making the request was physically unable to act or to give a mandate to act in his name within the period fixed and not more than one year has passed since the date of sending of the notice, he may apply to a judge of the Court of Québec to extend the period for a period that may not go beyond the fifteenth day following the date of the judgment granting such extension.

1990, c. 59, s. 351; 2004, c. 4, s. 15.

1079.15. Notwithstanding any other provision of this Act, the tax consequences to any person, following the application of this Title, shall only be determined through a notice of assessment, reassessment or additional assessment or through a notice of determination pursuant to section 1006.1 involving the application of this Title.

1990, c. 59, s. 351.

1079.15.1. If section 1079.10 applies to a person in relation to a transaction and the person did not file an information return in accordance with any of sections 1079.8.5 to 1079.8.7, in respect of the transaction or series of transactions that includes the transaction, the Minister may, despite the expiry of the time limit provided for, in respect of the person, in paragraph a or a.0.1 of subsection 2 of section 1010, determine the tax consequences to the person, the interest and the penalties, under this Act, and make a reassessment or an additional assessment,

(a)  on or before the day that is six years after the day referred to, for the taxation year concerned, in paragraph a of subsection 2 of section 1010 or, if the transaction or series of transactions must be disclosed as required by section 1079.8.5 or 1079.8.6, the day, if it is later, on which the information return containing the information required by section 1079.8.9 is sent to the Minister in respect of the transaction or series of transactions; or

(b)  on or before the day that is seven years after the day determined in subparagraph a if, at the end of the taxation year concerned, the person is a mutual fund trust or a corporation other than a Canadian-controlled private corporation.

However, the Minister may make a reassessment or an additional assessment beyond the period that, in respect of a person, is referred to in paragraph a or a.0.1 of subsection 2 of section 1010, because of the application of section 1079.10 to the person in relation to a transaction, only to the extent that the reassessment or additional assessment may reasonably be considered to relate to the transaction.

2010, c. 25, s. 194.

1079.16. Upon receipt of a request by a person under section 1079.14, the Minister shall, with all due dispatch, consider the request and, notwithstanding section 1010, assess, reassess or make an additional assessment or determination pursuant to section 1006.1 with respect to that person.

However, an assessment, reassessment, additional assessment or determination may be made under this section only to the extent that it may reasonably be regarded as relating to the transaction referred to in section 1079.14.

1990, c. 59, s. 351.

1080. (Repealed).

1972, c. 23, s. 804; 1990, c. 59, s. 352.

1080.1. (Repealed).

1987, c. 67, s. 193; 1990, c. 59, s. 352.

1081. (Repealed).

1972, c. 23, s. 805; 1973, c. 17, s. 121; 1987, c. 21, s. 81; 1990, c. 59, s. 352.

1082. (Repealed).

1972, c. 23, s. 806; 1986, c. 15, s. 192.

TITLE I.1 BENEFIT CONFERRED ON A TAXPAYER

1990, c. 59, s. 353.

1082.1. Where, at any time, a person confers a benefit, either directly or indirectly, by any means whatever, on a taxpayer, the amount of the benefit shall be included in computing the taxpayer’s income or taxable income earned in Canada under this Part or Part II, respectively, for the taxation year that includes that time, to the extent that it is not otherwise included in computing the taxpayer’s income or taxable income earned in Canada under this Part or Part II, respectively, and would be included in computing his income if the amount of the benefit were a payment made directly by the person to the taxpayer and if the taxpayer were resident in Canada.

1990, c. 59, s. 353.

1082.2. Where it is established that a transaction was entered into by persons dealing at arm’s length, bona fide and not pursuant to, or as part of, any other transaction and not to effect payment, in whole or in part, of an existing or future obligation, no party to the transaction is deemed, for the purposes of section 1082.1, to have conferred a benefit on the party with whom he was so dealing.

1990, c. 59, s. 353.

TITLE I.2 TRANSFER PRICING

2001, c. 7, s. 154.

1082.3. In this Title,

“tax benefit” has the meaning assigned by section 1079.9;

“transaction” includes an arrangement or event;

“transfer pricing capital adjustment” of a taxpayer for a taxation year means

(a)  an amount by which the adjusted cost base to the taxpayer of a capital property, other than a depreciable property, or an incorporeal capital amount of the taxpayer in respect of a business is reduced in the year because of an adjustment made under section 1082.4, or an amount by which the capital cost to the taxpayer of a depreciable property is reduced in the year because of an adjustment made under section 1082.4; or

(b)  the product obtained when the proportion that the taxpayer’s share of the income or loss of a partnership for a fiscal period that ends in the year is of the income or loss of the partnership for that fiscal period is multiplied by the amount by which the adjusted cost base to the partnership of a capital property, other than a depreciable property, or an incorporeal capital amount of the partnership in respect of a business is reduced in the fiscal period because of an adjustment made under section 1082.4, or by the amount by which the capital cost to the partnership of a depreciable property is reduced in the fiscal period because of an adjustment made under section 1082.4;

“transfer pricing income adjustment” of a taxpayer for a taxation year means the amount by which an adjustment made under section 1082.4, other than an adjustment included in determining a transfer pricing capital adjustment of the taxpayer for a taxation year, would result in an increase in the taxpayer’s income for the year or a decrease in a loss of the taxpayer for the year from a source if that adjustment were the only adjustment made under section 1082.4.

For the purposes of the definition of “transfer pricing capital adjustment” in the first paragraph, where the income and loss of a partnership for a fiscal period are nil, it shall be assumed that the income of the partnership for that fiscal period is equal to $1,000,000.

2001, c. 7, s. 154; 2003, c. 2, s. 284; 2004, c. 8, s. 183; 2005, c. 1, s. 276; 2006, c. 13, s. 206.

1082.4. The rule set out in the second paragraph applies where a taxpayer or a partnership and a person not resident in Canada with whom the taxpayer or the partnership, or a member of the partnership, does not deal at arm’s length, or a partnership of which the person not resident in Canada is a member, are participants in a transaction or a series of transactions and

(a)  the terms and conditions made or imposed, in respect of the transaction or series of transactions, between any of the participants in the transaction or series of transactions differ from those that would have been made between persons dealing at arm’s length; or

(b)  the transaction or series of transactions would not have been entered into between persons dealing at arm’s length and can reasonably be considered not to have been entered into primarily for bona fide purposes other than to obtain a tax benefit.

Where the conditions set out in the first paragraph are met, any amounts that, but for this Title and sections 1079.9 to 1079.16, would be determined for the purposes of this Act in respect of the taxpayer or the partnership for a taxation year or fiscal period, as the case may be, shall be adjusted to the quantum or nature of the amounts that would have been determined if,

(a)  where only subparagraph a of the first paragraph applies, the terms and conditions made or imposed, in respect of the transaction or series of transactions, between the participants in the transaction or series of transactions had been those that would have been made between persons dealing at arm’s length; or

(b)  where subparagraph b of the first paragraph applies, the transaction or series of transactions entered into between the participants had been the transaction or series of transactions that would have been entered into between persons dealing at arm’s length, under terms and conditions that would have been made between persons dealing at arm’s length.

2001, c. 7, s. 154.

1082.5. (Repealed).

2001, c. 7, s. 154; 2004, c. 8, s. 184.

1082.6. (Repealed).

2001, c. 7, s. 154; 2004, c. 8, s. 184.

1082.7. (Repealed).

2001, c. 7, s. 154; 2004, c. 8, s. 184.

1082.8. (Repealed).

2001, c. 7, s. 154; 2004, c. 8, s. 184.

1082.9. For the purposes of this Title, where a person is a member of a partnership that is a member of another partnership, the following rules apply:

(a)  the person is deemed to be a member of the other partnership; and

(b)  the person’s share of the income or loss of the other partnership is deemed to be equal to the amount of that income or loss to which the person is directly or indirectly entitled.

2001, c. 7, s. 154.

1082.10. Where, in a taxation year of a corporation resident in Canada, a person not resident in Canada owes an amount to the corporation, the person not resident in Canada is a controlled foreign affiliate of the corporation for the purposes of Division VII of Chapter II of Title III of Book III throughout the period in the year during which the amount is owing and it is established that the amount owing is an amount owing described in paragraph a or b of section 127.13, section 1082.4 does not apply to adjust the amount of interest paid, payable or accruing in the year on the amount owing.

2001, c. 7, s. 154; 2001, c. 53, s. 239.

1082.11. Sections 420, 421, 422 and 422.1 shall not apply to determine an amount under this Act where, but for those sections, the amount would be adjusted by reason of section 1082.4 and if the amount is so adjusted.

2001, c. 7, s. 154.

1082.12. (Repealed).

2001, c. 7, s. 154; 2004, c. 8, s. 184.

1082.13. An adjustment, other than an adjustment that results in or increases a transfer pricing capital adjustment or a transfer pricing income adjustment of a taxpayer for a taxation year, shall not be made under section 1082.4 unless, in the opinion of the Minister, the circumstances are such that it would be appropriate that the adjustment be made.

2001, c. 7, s. 154.

TITLE II

Repealed, 1990, c. 59, s. 354.

1990, c. 59, s. 354.

1083. (Repealed).

1972, c. 23, s. 807; 1987, c. 67, s. 194; 1990, c. 59, s. 354.

1084. (Repealed).

1972, c. 23, s. 808; 1973, c. 17, s. 122; 1987, c. 67, s. 195; 1990, c. 59, s. 354.

1085. (Repealed).

1972, c. 23, s. 809; 1987, c. 67, s. 196; 1990, c. 59, s. 354.

BOOK XII REGULATIONS

1972, c. 23.

1086. The Government may make regulations to:

(a)  prescribe the proof required for establishing facts pertinent to assessments;

(b)  facilitate assessment of tax when the deductions or exemptions of a taxpayer have varied in the taxation year;

(c)  provide for the retention by way of deduction or set-off of the amount of a taxpayer’s income tax or other indebtedness under a fiscal law out of any amount that may be payable by the State in respect of salary or wages;

(d)  define the classes of persons who may be deemed dependents for the purposes of this Part;

(e)  establish classes of property for the purposes of section 130;

(e.1)  (subparagraph repealed);

(e.2)  require any person included in one of the classes of persons it determines to file any return it may prescribe relating to any information necessary for the establishment of an assessment provided for in this Act and to send, where applicable, a copy of the return or of a part thereof to any person to whom the return or part thereof relates and to whom it indicates in the regulation;

(e.3)  require any person included in one of the classes of persons it determines to make information available to the public for the purpose of filing any return it may prescribe relating to any information necessary for the establishment of an assessment provided for in this Act; and

(f)  generally prescribe the measures required for the application of this Act.

The regulations made under this section and all those made under the other provisions of this Act shall come into force on the date of their publication in the Gazette officielle du Québec or on any later date fixed therein; they may also, once published and if they so provide, apply to a period prior to their publication, but not prior to the taxation year 1972.

1972, c. 23, s. 810; 1972, c. 26, s. 77; 1974, c. 18, s. 39; 1988, c. 18, s. 118; 1990, c. 59, s. 355; 1995, c. 63, s. 227; 1998, c. 16, s. 242; 2010, c. 5, s. 182.

PART I.1

Repealed, 1997, c. 85, s. 297.

1993, c. 64, s. 183; 1997, c. 85, s. 297.

BOOK I

Repealed, 1997, c. 85, s. 297.

1993, c. 64, s. 183; 1997, c. 85, s. 297.

1086.1. (Repealed).

1993, c. 64, s. 183; 1995, c. 1, s. 178; 1997, c. 14, s. 290; 1997, c. 85, s. 297.

BOOK II

Repealed, 1997, c. 85, s. 297.

1993, c. 64, s. 183; 1997, c. 85, s. 297.

1086.2. (Repealed).

1993, c. 64, s. 183; 1997, c. 85, s. 297.

1086.3. (Repealed).

1993, c. 64, s. 183; 1995, c. 1, s. 179; 1995, c. 63, s. 228; 1997, c. 85, s. 297.

BOOK III

Repealed, 1997, c. 85, s. 297.

1993, c. 64, s. 183; 1997, c. 85, s. 297.

1086.4. (Repealed).

1993, c. 64, s. 183; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 1997, c. 14, s. 260; 1997, c. 85, s. 297.

PART I.2

Repealed, 2005, c. 1, s. 277.

1995, c. 1, s. 180; 2005, c. 1, s. 277.

BOOK I

Repealed, 2005, c. 1, s. 277.

1995, c. 1, s. 180; 2005, c. 1, s. 277.

1086.5. (Repealed).

1995, c. 1, s. 180; 1997, c. 14, s. 290; 2001, c. 51, s. 203; 2005, c. 1, s. 277.

BOOK II

Repealed, 2005, c. 1, s. 277.

1995, c. 1, s. 180; 2005, c. 1, s. 277.

1086.6. (Repealed).

1995, c. 1, s. 180; 2000, c. 39, s. 218; 2004, c. 21, s. 447; 2005, c. 1, s. 277.

BOOK III

Repealed, 2005, c. 1, s. 277.

1995, c. 1, s. 180; 2005, c. 1, s. 277.

1086.7. (Repealed).

1995, c. 1, s. 180; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 2005, c. 1, s. 277.

1086.8. (Repealed).

1995, c. 1, s. 180; 1997, c. 31, s. 130; 2005, c. 1, s. 277.

PART I.3 TAX IN RESPECT OF ADVANCE PAYMENTS OF THE CREDIT FOR HOME SUPPORT FOR ELDERLY PERSONS

2000, c. 39, s. 219.

1086.9. In this Part,

“balance-due day” has the meaning assigned by section 1;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“individual” has the meaning assigned by section 1;

“taxation year” has the meaning that would be assigned by Part I if it were read without reference to section 779.

2000, c. 39, s. 219; 2001, c. 53, s. 240; 2006, c. 36, s. 213; 2007, c. 12, s. 304; 2009, c. 15, s. 364.

1086.10. An individual shall pay, for a taxation year, a tax equal to the aggregate of all amounts each of which is an amount paid in advance by the Minister to the individual for that year under section 1029.8.61.6.

If applicable, the individual and the individual’s eligible spouse for the year are solidarily liable for the payment of the tax payable under the first paragraph and, in that respect, a payment by the individual affects the liability of the eligible spouse only to the extent that the payment operates to reduce the individual’s liability to an amount less than the amount in respect of which the eligible spouse is solidarily liable under this paragraph.

2000, c. 39, s. 219; 2006, c. 13, s. 207; 2006, c. 36, s. 214; 2009, c. 15, s. 365.

1086.11. An individual shall pay to the Minister, for a taxation year, on or before the individual’s balance-due day for the year, the individual’s tax under this Part as estimated for the year under section 1004.

2000, c. 39, s. 219.

1086.12. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2000, c. 39, s. 219.

PART I.3.1 TAX RELATING TO ADVANCE PAYMENTS OF THE CREDITS TO INCREASE THE INCENTIVE TO WORK

2005, c. 1, s. 278; 2009, c. 15, s. 366.

1086.12.1. In this Part,

“balance-due day” has the meaning assigned by section 1;

“eligible spouse” of an eligible individual for a taxation year means the person who is the eligible individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4 and who, at the end of 31 December of the year or, if the person died in the year, immediately before the person’s death, was resident in Québec and has not been confined to a prison or similar institution during the year for one or more periods totalling more than six months;

“individual” has the meaning assigned by section 1;

“taxation year” has the meaning that would be assigned by Part I if it were read without reference to section 779.

2005, c. 1, s. 278; 2007, c. 12, s. 304; 2009, c. 15, s. 367.

1086.12.2. An individual shall pay, for a taxation year, a tax equal to the aggregate of all amounts each of which is an amount paid in advance by the Minister to the individual for that year under section 1029.8.116.9 or 1029.8.116.9.1.

Where applicable, the individual and the individual’s eligible spouse for the year are solidarily liable for the payment of the tax payable under the first paragraph and, in that respect, a payment by the individual affects the liability of the eligible spouse only to the extent that the payment operates to reduce the individual’s liability to an amount less than the amount in respect of which the eligible spouse is solidarily liable under this paragraph.

2005, c. 1, s. 278; 2009, c. 15, s. 368.

1086.12.3. An individual shall pay to the Minister, for a taxation year, on or before the individual’s balance-due day for the year, the individual’s tax under this Part as estimated for the year under section 1004.

2005, c. 1, s. 278.

1086.12.4. Except where inconsistent with this Part, sections 1000 to 1014, 1035 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2005, c. 1, s. 278.

PART I.3.2 TAX IN RESPECT OF ADVANCE PAYMENTS OF THE CREDIT FOR CHILD CARE EXPENSES

2005, c. 1, s. 278.

1086.12.5. In this Part,

“balance-due day” has the meaning assigned by section 1;

“eligible spouse” of an individual for a taxation year means the person who is the individual’s eligible spouse for the year within the meaning of sections 776.41.1 to 776.41.4;

“individual” has the meaning assigned by section 1;

“taxation year” has the meaning that would be assigned by Part I if it were read without reference to section 779.

2005, c. 1, s. 278; 2007, c. 12, s. 304.

1086.12.6. An individual shall pay, for a taxation year, a tax equal to the aggregate of all amounts each of which is an amount paid in advance by the Minister to the individual for that year under section 1029.8.80.2.

Where applicable, the individual and the individual’s eligible spouse for the year are solidarily liable for the payment of the tax payable under the first paragraph and, in that respect, a payment by the individual affects the liability of the eligible spouse only to the extent that the payment operates to reduce the individual’s liability to an amount less than the amount in respect of which the eligible spouse is solidarily liable under this paragraph.

2005, c. 1, s. 278.

1086.12.7. An individual shall pay to the Minister, for a taxation year, on or before the individual’s balance-due day for the year, the individual’s tax under this Part as estimated for the year under section 1004.

2005, c. 1, s. 278.

1086.12.8. Except where inconsistent with this Part, sections 1000 to 1014, 1035 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2005, c. 1, s. 278.

PART I.4 TAX IN RESPECT OF THE ACQUISITION OF REPLACEMENT SHARES ON THE REDEMPTION OF SHARES IN ORDER TO PARTICIPATE IN THE HOME BUYERS’ PLAN

2001, c. 53, s. 241.

BOOK I DEFINITIONS

2001, c. 53, s. 241.

1086.13. In this Part, unless the context indicates a different meaning,

“completion date” has the meaning assigned by section 776.1.5.0.1;

“eligible amount” has the meaning assigned by section 776.1.5.0.1;

“individual” has the meaning assigned by section 1;

“original share” has the meaning assigned by section 776.1.5.0.1;

“participation period” has the meaning assigned by section 776.1.5.0.1;

“replacement share” has the meaning assigned by section 776.1.5.0.1;

“taxation year” has the meaning assigned by Part I.

2001, c. 53, s. 241; 2005, c. 38, s. 297; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

2001, c. 53, s. 241.

1086.14. Where in a particular taxation year or within the first 60 days after the end of the year that is included in a participation period of the individual, an individual did not acquire replacement shares for an amount at least equal to the amount determined under section 776.1.5.0.2 for the year in respect of the individual, the individual shall pay, except in the case provided for in section 1086.18, tax equal to the amount determined under section 1086.15 for the year in respect of the individual.

2001, c. 53, s. 241.

1086.15. The amount of tax to which section 1086.14 refers is equal to the amount determined by the formula

{[(A − B)/(15 − C)] − D} × 15%.

In the formula provided for in the first paragraph,

(a)  A is

i.  an amount equal to zero where

(1)  the individual died or ceased to be resident in Canada in the particular taxation year referred to in section 1086.14, or

(2)  the completion date in respect of an eligible amount of the individual is in the particular taxation year referred to in section 1086.14, and

ii.  in any other case, the aggregate of all eligible amounts of the individual received by the individual in preceding taxation years that are included in the particular participation period referred to in section 1086.14;

(b)  B is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in taxation years preceding the particular taxation year referred to in section 1086.14 or within the first 60 days after the end of those years that are included in the particular participation period referred to in section 1086.14;

(c)  C is the lesser of 14 and the number of taxation years of the individual that end in the period that begins on 1 January of the first calendar year beginning after the completion date in respect of an eligible amount of the individual and that ends at the beginning of the particular taxation year referred to in section 1086.14; and

(d)  D is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in the particular taxation year referred to in section 1086.14 or within the first 60 days after the end of that year that is included in the particular participation period referred to in section 1086.14.

2001, c. 53, s. 241; 2005, c. 38, s. 298.

1086.16. Where at a particular time in a taxation year an individual ceases to be resident in Canada, and the individual has not acquired replacement shares, for the period in the year during which the individual was resident in Canada, for an amount at least equal to the amount determined under section 776.1.5.0.3 for the year in respect of the individual, the individual shall pay, except in the case provided for in section 1086.18, tax equal to 15% of the amount by which the amount paid for that period by the individual under section 776.1.5.0.3 exceeds the amount determined under that section 776.1.5.0.3 for that period in respect of the individual.

2001, c. 53, s. 241; 2005, c. 38, s. 299.

1086.17. Except in the case where section 776.1.5.0.5 applies, where an individual dies at a particular time in a taxation year, and replacement shares were not acquired, in the year, for an amount at least equal to the amount determined under section 776.1.5.0.4 for the year in respect of the individual, there shall be paid, except in the case provided for in section 1086.18, tax equal to 15% of the amount by which the amount paid in the year by the individual under section 776.1.5.0.4 exceeds the amount determined under that section 776.1.5.0.4 for the year in respect of the individual.

2001, c. 53, s. 241; 2005, c. 38, s. 300.

1086.17.1. For the purposes of sections 1086.14 to 1086.17, the amount of tax payable by an individual for a taxation year under any of sections 1086.15 to 1086.17, in respect of replacement shares that were not acquired by that individual, is to be determined, if any of the replacement shares that were not acquired relates to an original share described in paragraph b of section 776.1.1 and acquired by the individual in the period provided for in the second paragraph of section 776.1.1.1, as if,

(a)  in the case of tax computed under section 1086.15, the amount of that tax were equal to the aggregate of

i.  the amount that would be determined by the formula in the first paragraph of section 1086.15 if

(1)  A, described in the second paragraph of section 1086.15, represented, in the cases where subparagraph i of subparagraph a of that second paragraph did not apply, only the portion of the aggregate of the eligible amounts described in subparagraph ii of subparagraph a of that second paragraph, determined in respect of the individual, that may reasonably be attributed to shares each of which is a share other than such an original share, and

(2)  the only replacement shares whose acquisition is considered for the purposes of subparagraphs b and d of the second paragraph of section 1086.15 were the replacement shares that may reasonably be considered to relate to shares other than such original shares, and

ii.  the amount that would be determined by the formula in the first paragraph of section 1086.15 if

(1)  A, described in the second paragraph of section 1086.15, represented, in the cases where subparagraph i of subparagraph a of that second paragraph did not apply, only the portion of the aggregate of the eligible amounts described in subparagraph ii of subparagraph a of that second paragraph, determined in respect of the individual, that may reasonably be attributed to shares each of which is such an original share,

(2)  the only replacement shares whose acquisition is considered for the purposes of subparagraphs b and d of the second paragraph of section 1086.15 were the replacement shares that may reasonably be considered to relate to such original shares, and

(3)  the percentage of 15% were replaced by a percentage of 25%; and

(b)  in the case of tax computed under section 1086.16 or 1086.17, the percentage of 15% provided for in that section were replaced by a percentage of 25% in respect of the portion of the excess amount referred to in section 1086.16 or 1086.17, determined in respect of the individual, that may reasonably be attributed to shares each of which is such an original share.

2010, c. 5, s. 183.

1086.18. Sections 1086.14, 1086.16 and 1086.17 do not apply in respect of an individual for a taxation year if, not later than 60 days after the end of the year, the individual may make a request for the redemption of original shares issued to the individual, otherwise than under Division II of Chapter III of Title III of Book V of Part I.

2001, c. 53, s. 241.

BOOK III MISCELLANEOUS PROVISIONS

2003, c. 9, s. 383.

1086.18.1. An individual shall pay to the Minister, for a taxation year, on or before the individual’s balance-due day, within the meaning of section 1, for the year, the individual’s tax under this Part for the year.

2003, c. 9, s. 383.

1086.18.2. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2003, c. 9, s. 383.

PART I.5 TAX IN RESPECT OF THE ACQUISITION OF REPLACEMENT SHARES ON THE REDEMPTION OF SHARES IN ORDER TO PARTICIPATE IN THE LIFELONG LEARNING INCENTIVE PLAN

2001, c. 53, s. 241.

BOOK I DEFINITIONS

2001, c. 53, s. 241.

1086.19. In this Part, unless the context indicates a different meaning,

“eligible amount” has the meaning assigned by section 776.1.5.0.6;

“individual” has the meaning assigned by section 1;

“original share” has the meaning assigned by section 776.1.5.0.6;

“participation period” has the meaning assigned by section 776.1.5.0.6;

“repayment period” has the meaning assigned by section 776.1.5.0.6;

“replacement share” has the meaning assigned by section 776.1.5.0.6;

“taxation year” has the meaning assigned by Part I.

2001, c. 53, s. 241; 2005, c. 38, s. 301; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

2001, c. 53, s. 241.

1086.20. Where in a particular taxation year or within the first 60 days after the end of the year that is included in a participation period of the individual, an individual did not acquire replacement shares for an amount at least equal to the amount determined under section 776.1.5.0.7 for the year in respect of the individual, the individual shall pay, except in the case provided for in section 1086.24, tax equal to the amount determined under section 1086.21 for the year in respect of the individual.

2001, c. 53, s. 241.

1086.21. The amount of tax to which section 1086.20 refers is equal to the amount determined by the formula

{[(A − B)/(10 − C)] − D} × 15%.

In the formula provided for in the first paragraph,

(a)  A is

i.  an amount equal to zero where

(1)  the individual died or ceased to be resident in Canada in the particular taxation year referred to in section 1086.20, or

(2)  the beginning of the particular taxation year referred to in section 1086.20 is not included in a repayment period of the individual, and

ii.  in any other case, the aggregate of all eligible amounts of the individual received by the individual in taxation years preceding the particular taxation year referred to in section 1086.20, other than taxation years included in participation periods of the individual that ended before the particular taxation year referred to in section 1086.20;

(b)  B is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in taxation years preceding the particular taxation year referred to in section 1086.20 or within the first 60 days after the end of those years, other than taxation years included in participation periods of the individual that ended before the particular taxation year referred to in section 1086.20;

(c)  C is the lesser of nine and the number of taxation years of the individual that end in the period that begins at the beginning of the last repayment period of the individual that began at or before the beginning of the particular taxation year and that ends at the beginning of the particular taxation year referred to in section 1086.20; and

(d)  D is the aggregate of all amounts paid by the individual on the acquisition of replacement shares in the particular taxation year referred to in section 1086.20 or within the first 60 days after the end of that year, other than a taxation year included in a participation period of the individual that ended before the particular taxation year referred to in section 1086.20.

2001, c. 53, s. 241; 2005, c. 38, s. 302.

1086.22. Where at a particular time in a taxation year an individual ceases to be resident in Canada, and the individual has not acquired replacement shares, for the period in the year during which the individual was resident in Canada, for an amount at least equal to the amount determined under section 776.1.5.0.8 for that period in respect of the individual, the individual shall pay, except in the case provided for in section 1086.24, tax equal to 15% of the amount by which the amount paid for that period by the individual under section 776.1.5.0.8 exceeds the amount determined under that section 776.1.5.0.8 for that period in respect of the individual.

2001, c. 53, s. 241; 2005, c. 38, s. 303.

1086.23. Except in the case where section 776.1.5.0.10 applies, where an individual dies at a particular time in a taxation year, and replacement shares were not acquired, in the year, for an amount at least equal to the amount determined under section 776.1.5.0.9 for the year in respect of the individual, there shall be paid, except in the case provided for in section 1086.24, tax equal to 15% of the amount by which the amount paid in the year by the individual under section 776.1.5.0.9 exceeds the amount determined under that section 776.1.5.0.9 for the year in respect of the individual.

2001, c. 53, s. 241; 2005, c. 38, s. 304.

1086.23.1. For the purposes of sections 1086.20 to 1086.23, the amount of tax payable by an individual for a taxation year under any of sections 1086.21 to 1086.23, in respect of replacement shares that were not acquired by that individual, is to be determined, if any of the replacement shares that were not acquired relates to an original share described in paragraph b of section 776.1.1 and acquired by the individual in the period provided for in the second paragraph of section 776.1.1.1, as if,

(a)  in the case of tax computed under section 1086.21, the amount of that tax were equal to the aggregate of

i.  the amount that would be determined by the formula in the first paragraph of section 1086.21 if

(1)  A, described in the second paragraph of section 1086.21, represented, in the cases where subparagraph i of subparagraph a of that second paragraph did not apply, only the portion of the aggregate of the eligible amounts described in subparagraph ii of subparagraph a of that second paragraph, determined in respect of the individual, that may reasonably be attributed to shares each of which is a share other than such an original share, and

(2)  the only replacement shares whose acquisition is considered for the purposes of subparagraphs b and d of the second paragraph of section 1086.21 were the replacement shares that may reasonably be considered to relate to shares other than such original shares, and

ii.  the amount that would be determined by the formula in the first paragraph of section 1086.21 if

(1)  A, described in the second paragraph of section 1086.21, represented, in the cases where subparagraph i of subparagraph a of that second paragraph did not apply, only the portion of the aggregate of the eligible amounts described in subparagraph ii of subparagraph a of that second paragraph, determined in respect of the individual, that may reasonably be attributed to shares each of which is such an original share,

(2)  the only replacement shares whose acquisition is considered for the purposes of subparagraphs b and d of the second paragraph of section 1086.21 were the replacement shares that may reasonably be considered to relate to such original shares, and

(3)  the percentage of 15% were replaced by a percentage of 25%; and

(b)  in the case of tax computed under section 1086.22 or 1086.23, the percentage of 15% provided for in that section were replaced by a percentage of 25% in respect of the portion of the excess amount referred to in section 1086.22 or 1086.23, determined in respect of the individual, that may reasonably be attributed to shares each of which is such an original share.

2010, c. 5, s. 184.

1086.24. Sections 1086.20, 1086.22 and 1086.23 do not apply in respect of an individual for a taxation year if, not later than 60 days after the end of the year, the individual may make a request for the redemption of original shares issued to the individual, otherwise than under Division III of Chapter III of Title III of Book V of Part I.

2001, c. 53, s. 241.

BOOK III MISCELLANEOUS PROVISIONS

2003, c. 9, s. 384.

1086.25. An individual shall pay to the Minister, for a taxation year, on or before the individual’s balance-due day, within the meaning of section 1, for the year, the individual’s tax under this Part for the year.

2003, c. 9, s. 384.

1086.26. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2003, c. 9, s. 384.

PART II INCOME EARNED IN QUÉBEC BY PERSONS NOT RESIDENT IN QUÉBEC

1972, c. 23.

TITLE I GENERAL RULES

1972, c. 23.

1087. Part I applies for computing the income of persons not resident in Québec, subject to this Part.

1972, c. 23, s. 811.

1088. The income earned in Québec, for a taxation year, by an individual contemplated in section 25 is equal to the part of the income from businesses which he carries on that is attributed in prescribed manner to an establishment in Québec, less the part of the losses of the said businesses that is attributed to such establishment.

1972, c. 23, s. 812; 1973, c. 17, s. 123.

1089. The income earned in Québec, for a taxation year, by an individual contemplated in section 26 is his income as determined under section 28, taking into account only the following:

(a)  the amount by which the aggregate of the income from the duties of offices or employments performed by the individual in Québec and the income from the duties of offices or employments performed by the individual outside Canada if the individual was resident in Québec at the time the individual performed the duties exceeds the aggregate of the amounts that, if the individual is an individual referred to in section 737.16.1, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, a foreign specialist within the meaning of section 737.22.0.1, a foreign professor within the meaning of section 737.22.0.5 or a foreign farm worker within the meaning of section 737.22.0.12, would be deductible in computing the individual’s taxable income for the year under any of sections 737.16.1, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7 and 737.22.0.13 if the taxable income were determined under Part I;

(b)  income from businesses carried on by him in Canada that is attributable, in prescribed manner, to an establishment in Québec;

(c)  the taxable capital gains and allowable capital losses from dispositions of taxable Québec property, other than

i.  property described in any of paragraphs c to h.1 of section 1094, and

ii.  tax-agreement-protected property, within the meaning of section 1;

(d)  the portion that is reasonably attributable to the disposition of a Québec resource property within the meaning of the regulations or to expenses incurred in Québec of the amount by which the amount required by paragraph e of section 330 to be included in computing his income for the year exceeds any portion of that amount that was included in computing his income from a business carried on by him in Canada;

(e)  the portion that is reasonably attributable to the disposition of a Québec timber resource property within the meaning of the regulations of the amount by which the amounts that are required by sections 93 to 104 to be included in computing his income for the year in respect of the disposition of a timber resource property exceed any portion of those amounts that was included in computing his income from a business carried on by him in Canada;

(e.1)  the amount that the individual would be required to include under paragraph e.6 of section 311 in computing the individual’s income for the year if the individual had been resident in Québec throughout the year, up to the portion of that amount that may reasonably be attributed to the duties of an office or employment performed by the individual in Québec;

(f)  the excess of the amount which must, under section 684, be included in computing his income for the year in respect of the disposition of an income interest in a trust resident in Québec over the amount that would be deductible under section 665 in computing his income if he had been resident in Canada throughout the year;

(g)  the amount by which the income determined under paragraphs b and c of section 1092 in respect of the individual exceeds the aggregate of the amounts that, if the individual is an individual referred to in section 737.16.1, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, a foreign specialist within the meaning of section 737.22.0.1 or a foreign professor within the meaning of section 737.22.0.5, would be deductible in computing the individual’s taxable income for the year under any of sections 737.16.1, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3 and 737.22.0.7 if the individual’s taxable income were determined under Part I;

(h)  the amount, which is attributable in prescribed manner to an establishment of a partnership in Québec, by which the amount required by section 610 to be included in computing the income of the individual for the year as proceeds of the disposition of a right to a share of the income or loss of the partnership under an agreement mentioned therein exceeds the amount that would be deductible in that respect under section 611 in computing his income if he had been resident in Canada throughout the year;

(i)  the losses from duties of an office or employment performed by the individual in Québec and the losses from businesses carried on by the individual in Canada, other than tax-agreement-protected businesses, within the meaning of section 1, which are attributable in prescribed manner to an establishment in Québec;

(j)  where, in the year, he carried on a business in Canada described in paragraphs a to g of section 363, the amounts in respect of any Québec resource property within the meaning of paragraph d that the individual would be required to include in computing his income for the year under Part I if he were resident in Québec, to the extent that such amounts are not already included in computing his income under paragraph b or d;

(k)  the amount that, if the individual had been resident in Québec throughout the year, would be included under section 968 or 968.1 in computing his income in respect of an interest in a life insurance policy issued or subscribed by an insurer, on the life of a person resident in Québec at the time of the issue or subscription; and

(l)  where the individual has been carrying on business in Canada in the year, the amounts relating to a Québec resource property within the meaning of subparagraph d, except where an amount in respect of the disposition of such property is deducted under section 412 or 418.6, to a Québec timber resource property within the meaning of subparagraph e, other than depreciable property, or to property, other than capital property, that is an immovable situated in Québec, to the extent that such amounts are not already included under subparagraph b, d, e or j in computing his income.

However, the income earned in Québec for a taxation year by an individual who is a foreign specialist, within the meaning of section 737.18.6 or 737.18.29, who is an eligible individual, within the meaning of section 737.22.0.9, or who is described in section 66 of the Act respecting international financial centres (chapter C-8.3), is the amount by which the particular amount that is determined in respect of the individual for the year under the first paragraph exceeds the aggregate of

(a)  the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year;

(b)  the product obtained by multiplying the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined in subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(c)  the product obtained by multiplying the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, by the percentage determined in subparagraph a of the second paragraph of section 737.18.34 in respect of that period; and

(d)  the portion of the particular amount that is included in the amount determined in respect of the individual for the year under section 737.22.0.10.

In addition, for the purposes of subparagraphs b and i of the first paragraph in the case of an individual who is a member of a partnership operating an international financial centre, within the meaning of section 6 of the Act respecting international financial centres, it shall be assumed that the individual had, for the year,

(a)  realized an additional income from a business the individual carried on in Canada, that is attributable to an establishment in Québec and equal to the second aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph; and

(b)  sustained an additional loss from a business the individual carried on in Canada, that is attributable to an establishment in Québec and equal to the first aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph.

For the purposes of the first paragraph, if an individual is, in a taxation year, a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot, or is a member of a partnership that is such a certified forest producer in respect of a private woodlot, the particular amount that is determined in respect of the individual for the year under the first paragraph is to be increased by the amount that would be included in computing the individual’s taxable income for the year under section 726.35 and reduced by the amount that the individual could deduct in computing the individual’s taxable income for the year under section 726.33, if the taxable income were determined under Part I.

1972, c. 23, s. 813; 1973, c. 17, s. 124; 1975, c. 22, s. 242; 1978, c. 26, s. 210; 1982, c. 5, s. 196; 1984, c. 15, s. 236; 1986, c. 19, s. 196; 1987, c. 21, s. 82; 1988, c. 4, s. 140; 1993, c. 16, s. 344; 1994, c. 22, s. 333; 1995, c. 1, s. 181; 1997, c. 3, s. 71; 1997, c. 85, s. 298; 1999, c. 83, s. 237; 1999, c. 86, s. 86; 2000, c. 39, s. 220; 2001, c. 53, s. 242; 2002, c. 40, s. 229; 2003, c. 9, s. 385; 2004, c. 8, s. 185; 2004, c. 21, s. 448; 2005, c. 38, s. 305; 2006, c. 36, s. 215; 2010, c. 5, s. 185.

1090. The income earned in Canada by an individual contemplated in section 26, for a taxation year, shall be his income as determined under section 28 by taking into account only the following:

(a)  the amount by which the aggregate of the income from the duties of offices or employments performed by the individual in Canada and the income from the duties of offices or employments performed by the individual outside Canada if the individual was resident in Canada at the time the individual performed the duties exceeds the aggregate of the amounts that, if the individual is an individual referred to in section 737.16.1, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, a foreign specialist within the meaning of section 737.22.0.1, a foreign professor within the meaning of section 737.22.0.5 or a foreign farm worker within the meaning of section 737.22.0.12, would be deductible in computing the individual’s taxable income for the year under any of sections 737.16.1, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7 and 737.22.0.13 if the taxable income were determined under Part I;

(b)  income from businesses that he has carried on in Canada that is attributable in prescribed manner to an establishment in Canada;

(c)  the taxable capital gains and allowable capital losses from dispositions of taxable Canadian property, other than tax-agreement-protected property, within the meaning of section 1;

(d)  the amount by which the amount required by paragraph e of section 330 to be included in computing his income for the year exceeds any portion of that amount that was included in computing his income from a business carried on by him in Canada;

(e)  the amount by which the amounts required by sections 93 to 104 to be included in computing his income for the year in respect of the disposition of a timber resource property exceed any portion of those amounts that was included in computing his income from a business carried on by him in Canada;

(e.1)  the amount that the individual would be required to include under paragraph e.6 of section 311 in computing the individual’s income for the year if the individual had been resident in Canada throughout the year;

(f)  the excess of the amount which must, under section 684, be included in computing his income for the year in respect of the disposition of an income interest in a trust resident in Canada over the amount that would be deductible under section 665 in computing his income if he had been resident in Canada throughout the year;

(g)  the amount by which the income that would be determined under paragraphs b and c of section 1092 in respect of the individual if the word “Québec”, in sections 1092 and 1093, were replaced, wherever it appears, by the word “Canada”, exceeds the aggregate of the amounts that, if the individual is an individual referred to in section 737.16.1, a foreign researcher within the meaning of section 737.19, a foreign researcher on a postdoctoral internship within the meaning of section 737.22.0.0.1, a foreign expert within the meaning of section 737.22.0.0.5, a foreign specialist within the meaning of section 737.22.0.1 or a foreign professor within the meaning of section 737.22.0.5, would be deductible in computing the individual’s taxable income for the year under any of sections 737.16.1, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3 and 737.22.0.7 if the individual’s taxable income were determined under Part I;

(h)  the amount by which the amount required by section 610 to be included in computing his income for the year as proceeds of the disposition of a right to a share of the income or loss of a partnership under an agreement mentioned therein exceeds the amount that would be deductible in that respect under section 611 in computing his income if he had been resident in Canada throughout the year;

(i)  the losses from duties of an office or employment performed by the individual in Canada and the losses from businesses carried on by the individual in Canada, other than tax-agreement-protected businesses, within the meaning of section 1, which are attributable in prescribed manner to an establishment in Canada;

(j)  where, in the year, he has carried on a business in Canada described in paragraphs a to g of section 363, the amounts in respect of any Canadian resource property that he would be required to include in computing his income for the year under Part I if he were resident in Canada at any time in the year to the extent that such amounts are not already included in computing his income under paragraph b or d;

(k)  the amount that, under section 968 or 968.1, would be included in computing his income in respect of an interest in a life insurance policy in Canada if he had been resident in Canada throughout the year; and

(l)  where the individual has been carrying on business in Canada in the year, the amounts relating to a Canadian resource property, except where an amount in respect of the disposition of such property is deducted under section 412 or 418.6, to a timber resource property, other than depreciable property, or to property, other than capital property, that is an immovable situated in Canada, to the extent that those amounts are not already included under subparagraph b, d, e or j in computing his income.

However, the income earned in Canada for a taxation year by an individual who is a foreign specialist, within the meaning of section 737.18.6 or 737.18.29, who is an eligible individual, within the meaning of section 737.22.0.9, or who is described in section 66 of the Act respecting international financial centres (chapter C-8.3), is the amount by which the particular amount that is determined in respect of the individual for the year under the first paragraph exceeds the aggregate of

(a)  the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of the individual’s exemption period, within the meaning of section 737.18.6, in relation to an employment that is included in the year;

(b)  the product obtained by multiplying the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, established under the fourth paragraph of section 65 of the Act respecting international financial centres, in relation to an employment that is included in the year, by the percentage determined in subparagraph 1 of the second paragraph of that section 65 in respect of that period;

(c)  the product obtained by multiplying the portion of the particular amount that is included in the part of the individual’s income for the year that may reasonably be considered to be earned in the part of a specified period of the individual, within the meaning of section 737.18.29, in relation to an employment that is included in the year, by the percentage determined in subparagraph a of the second paragraph of section 737.18.34 in respect of that period; and

(d)  the portion of the particular amount that is included in the amount determined in respect of the individual for the year under section 737.22.0.10.

In addition, for the purposes of subparagraphs b and i of the first paragraph in the case of an individual who is a member of a partnership operating an international financial centre, within the meaning of section 6 of the Act respecting international financial centres, it shall be assumed that the individual had, for the year,

(a)  realized an additional income from a business the individual carried on in Canada, attributable to an establishment in Canada and equal to the second aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph; and

(b)  sustained an additional loss from a business the individual carried on in Canada, attributable to an establishment in Canada and equal to the first aggregate that is mentioned in the first paragraph of section 52 of that Act and determined in respect of the individual for the year under that paragraph.

For the purposes of the first paragraph, if an individual is, in a taxation year, a certified forest producer under the Forest Act (chapter F-4.1) in respect of a private woodlot, or is a member of a partnership that is such a certified forest producer in respect of a private woodlot, the particular amount that is determined in respect of the individual for the year under the first paragraph is to be increased by the amount that would be included in computing the individual’s taxable income for the year under section 726.35 and reduced by the amount that the individual could deduct in computing the individual’s taxable income for the year under section 726.33, if the taxable income were determined under Part I.

1972, c. 23, s. 814; 1973, c. 17, s. 125; 1975, c. 22, s. 243; 1978, c. 26, s. 211; 1982, c. 5, s. 197; 1984, c. 15, s. 237; 1986, c. 19, s. 197; 1987, c. 21, s. 83; 1988, c. 4, s. 141; 1993, c. 16, s. 345; 1994, c. 22, s. 334; 1995, c. 1, s. 182; 1995, c. 49, s. 232; 1997, c. 3, s. 71; 1997, c. 85, s. 299; 1999, c. 83, s. 238; 1999, c. 86, s. 87; 2000, c. 39, s. 221; 2001, c. 53, s. 243; 2002, c. 40, s. 230; 2003, c. 9, s. 386; 2004, c. 8, s. 186; 2004, c. 21, s. 449; 2005, c. 38, s. 306; 2006, c. 36, s. 216; 2010, c. 5, s. 186.

1090.1. For the purposes of this Part, where an individual referred to in section 26 or a corporation referred to in the first paragraph of section 27 disposes, in a taxation year, of property referred to in subparagraph l of the first paragraph of either of section 1089 or 1090, the individual or the corporation is deemed, in respect of such disposition, to have been carrying on business in Canada during the year.

1993, c. 16, s. 346; 1994, c. 22, s. 335; 1997, c. 3, s. 71; 1997, c. 14, s. 261; 2001, c. 53, s. 244.

1090.2. For the purposes of subparagraph l of the first paragraph of sections 1089 and 1090, and section 1090.1, property that is an immovable or a timber resource property referred to therein includes, at a particular time, an interest in the property and an option in respect of the property, even if, in the case of an immovable, the property is not in existence at that time.

1993, c. 16, s. 346.

1091. The taxable income earned in Canada by an individual referred to in section 26 is equal to the amount by which the aggregate of the income referred to in section 1090 and the amount that, had the individual been resident in Québec throughout the year, would be included under section 313.8 in computing the individual’s income for the year, exceeds the aggregate of

(a)  the deductions permitted by sections 725, 725.1.2 and 725.2 to 725.4, to the extent that they relate to amounts included in computing the individual’s income earned in Canada under section 1090;

(b)  such of the deductions permitted by sections 727, 728.1, 729, 731 and 733.0.0.1 as may reasonably be considered to be applicable to the services the individual rendered in an office or employment in Canada, to an establishment in Canada of a business carried on by the individual in Canada or to a disposition of property, any income or gain on which would have been required to be included in computing the individual’s income earned in Canada under section 1090;

(b.1)  the deduction permitted by section 1091.0.1; and

(c)  where all or substantially all of the individual’s income for the year, as determined under section 28, is included in the computation of the individual’s taxable income earned in Canada for the year, such of the other deductions from income, except the deductions described in sections 726.33, 737.14, 737.16, 737.16.1, 737.18.10, 737.18.34, 737.21, 737.22.0.0.3, 737.22.0.0.7, 737.22.0.3, 737.22.0.7, 737.22.0.10 and 737.22.0.13, permitted for the purpose of computing the individual’s taxable income as may reasonably be considered wholly applicable.

1972, c. 23, s. 815; 1984, c. 15, s. 238; 1985, c. 25, s. 161; 1986, c. 19, s. 198; 1987, c. 21, s. 84; 1987, c. 67, s. 197; 1988, c. 4, s. 142; 1989, c. 5, s. 237; 1989, c. 77, s. 107; 1993, c. 64, s. 184; 1995, c. 1, s. 183; 1996, c. 39, s. 259; 1997, c. 85, s. 300; 1999, c. 83, s. 239; 1999, c. 86, s. 88; 2000, c. 39, s. 264; 2001, c. 53, s. 245; 2002, c. 40, s. 231; 2003, c. 9, s. 387; 2004, c. 8, s. 187; 2006, c. 36, s. 217; 2010, c. 25, s. 195.

1091.0.1. Where an individual ceases at any time after 27 February 2000 to be resident in Canada, a taxation year, in this section referred to as the “particular year”, of the individual ends after that time and the individual was not resident in Canada throughout the period that begins at that time and ends at the end of the particular year, the following rules apply:

(a)  in computing the individual’s taxable income earned in Canada for the particular year, the individual may deduct each amount that would be permitted to be deducted in computing the individual’s income for the particular year under section 371 or 418.1.10 if

i.  section 371 were read with the reference to “who is resident in Canada throughout a taxation year may deduct, in computing the taxpayer’s income for that year” in the portion before paragraph a thereof replaced by “may deduct, in computing the taxpayer’s income for a taxation year”,

ii.  the amount determined under paragraph b of section 374 were equal to zero,

iii.  section 418.1.10 were read with the reference to “for a taxation year throughout which the taxpayer is resident in Canada” in the portion before paragraph a thereof replaced by “for a taxation year”, and

iv.  each of the amounts determined under subparagraph ii of paragraph a of section 418.1.10 and paragraph b of that section were equal to zero; and

(b)  an amount deducted under this section in computing the individual’s taxable income earned in Canada for the particular year is deemed, for the purpose of applying section 371 or 418.1.10, as the case may be, to a subsequent taxation year, to have been deducted in computing the individual’s income for the particular year.

2004, c. 8, s. 188.

1091.1. (Repealed).

1986, c. 15, s. 193; 1987, c. 21, s. 85.

TITLE I.1 INVESTMENT SERVICES PROVIDED TO FOREIGNERS

2001, c. 53, s. 246.

1091.2. In this Title,

“Canadian investor”, at any time in relation to a person not resident in Canada, means a person that the person not resident in Canada knows, or ought to know after reasonable inquiry, is at that time resident in Canada;

“Canadian service provider” means a corporation or a trust resident in Canada or a Canadian partnership;

“designated investment services” provided to a person or partnership means any one or more of the services described in the following paragraphs:

(a)  investment management or advice with respect to qualified investments, regardless of whether the manager has discretionary authority to buy or sell;

(b)  purchasing or selling qualified investments, exercising rights incidental to the ownership of qualified investments such as voting, conversion or exchange;

(c)  entering into or executing agreements with respect to services referred to in paragraph b;

(d)  investment administration services, such as receiving, delivering and having custody of investments, calculating and reporting investment values, receiving subscription amounts from, and paying distributions and proceeds of disposition to, investors in or beneficiaries of the person or partnership, record keeping, accounting and reporting to the person or partnership and its investors and beneficiaries; and

(e)  if the service is provided to a corporation, trust or partnership the only undertaking of which is the investing of its funds in qualified investments, marketing shares of its capital stock or interests in itself to investors not resident in Canada;

“promoter” of a corporation, trust or partnership means a particular person or partnership that initiates or directs the founding, organization or substantial reorganization of the corporation, trust or partnership, and a person or partnership that is affiliated with the particular person or partnership;

“qualified investment” of a person or partnership means

(a)  a share of the capital stock of a corporation, or an interest in a partnership, trust, entity, organization or fund, other than a share or an interest

i.  that is either a security not listed on a designated stock exchange, or listed on such a stock exchange, if the person or partnership, together with all persons with whom the person or partnership does not deal at arm’s length, owns 25% or more of the issued shares of any class of the capital stock of the corporation or of the total value of interests in the partnership, trust, entity, organization or fund, as the case may be, and

ii.  of which more than 50% of the fair market value is derived from one or more of the following properties:

(1)  an immovable situated in Canada,

(2)  Canadian resource property, and

(3)  timber resource property;

(b)  indebtedness;

(c)  annuities;

(d)  commodities or commodities futures purchased or sold, directly or indirectly in any manner whatever, on a commodities or commodities futures exchange;

(e)  currency; and

(f)  options, interests, rights and forward and futures agreements in respect of property described in any of paragraphs a to e or this paragraph, and agreements under which obligations are derived from interest rates, from the price of property described in any of those paragraphs, from payments made in respect of such a property by its issuer to holders of the property, or from an index reflecting a composite measure of such rates, prices or payments, whether or not the agreement creates any rights in or obligations regarding the referenced property itself.

2001, c. 53, s. 246; 2004, c. 8, s. 189; 2010, c. 5, s. 187.

1091.3. For the purposes of Part I and this Part, a person not resident in Canada is not considered to be carrying on a business in Canada at any particular time solely because of the provision to the person, or to a partnership of which the person is a member, at the particular time of designated investment services by a Canadian service provider if

(a)  in the event that the person not resident in Canada is an individual other than a trust, the person is not affiliated at the particular time with the Canadian service provider;

(b)  in the event that the person not resident in Canada is a corporation or trust,

i.  the person has not, before the particular time, directly or through a mandatary, sold a share of its capital stock or an interest in itself, such a share and such an interest in this section referred to as an “investment”, that is outstanding at the particular time to a person who was a Canadian investor at the time of the sale and who is a Canadian investor at the particular time, nor directed any promotion of investments in itself principally at Canadian investors,

ii.  the person has not, before the particular time, directly or through a mandatary, filed any document with a public authority in Canada in accordance with the securities legislation of Canada or of any province in order to permit the distribution of investments in the person to persons resident in Canada, and

iii.  where the particular time is more than one year after the time at which the person was created, the total of the fair market value, at the particular time, of investments in the person that are beneficially owned by a person or partnership that is affiliated with the Canadian service provider and is not a designated entity in respect of the Canadian service provider, does not exceed 25% of the fair market value, at the particular time, of all investments in the person; and

(c)  in the event that the person not resident in Canada is a member of a partnership and where the particular time is more than one year after the time at which the partnership was formed, the total of the fair market value, at the particular time, of interests in the partnership that are beneficially owned by a person or partnership that is affiliated with the Canadian service provider and is not a designated entity in respect of the Canadian service provider, does not exceed 25% of the fair market value, at the particular time, of all interests in the partnership.

For the purposes of this paragraph, subparagraph iii of subparagraph b of the first paragraph and subparagraph c of that first paragraph,

(a)  the fair market value of an investment in a corporation or trust or an interest in a partnership shall be determined without regard to any voting rights attaching to that investment; and

(b)  a person or partnership is, at a particular time, a designated entity in respect of a Canadian service provider if the total of the fair market value, at the particular time, of investments in the designated entity or interests in the partnership, as the case may be, that are beneficially owned by a person or partnership that is affiliated with the Canadian service provider and is not another designated entity in respect of the Canadian service provider, does not exceed 25% of the fair market value, at the particular time, of all investments in the entity or of such interests, as the case may be.

2001, c. 53, s. 246; 2004, c. 8, s. 190.

1091.4. For the purposes of Title I.2 of Book XI of Part I, where section 1091.3 applies to a person that is a corporation or trust or to a partnership, if the Canadian service provider referred to in that section does not deal at arm’s length with the promoter of the person or of the partnership, the Canadian service provider is deemed not to deal at arm’s length with the person or partnership.

2001, c. 53, s. 246; 2004, c. 8, s. 190.

TITLE II STUDENTS, PROFESSORS AND EMPLOYEES

1972, c. 23; 1994, c. 22, s. 350; 1994, c. 22, s. 652.

1092. A student, a professor or an employee not resident in Canada and contemplated in section 1093:

(a)  is deemed to have been employed in Québec during the year for the purposes of section 26;

(b)  has an income, for the purposes of paragraph g of each of sections 1089 and 1090, equal to the aggregate:

i.  of the remuneration which he has received in the year in respect of an office or employment that was paid to him directly or indirectly by a person resident in Canada, except to the extent that such remuneration is attributable to the duties performed by him outside Canada and was subject to an income or profits tax imposed by the government of a country other than Canada, or was paid in connection with the selling of property, the negotiating of contracts or the rendering of services for his employer, a foreign affiliate of his employer or for another person with whom his employer does not deal at arm’s length, in the ordinary course of a business carried on by his employer, that foreign affiliate or that other person;

ii.  of amounts which, under paragraphs i of section 311 and g and h of section 312, would be included in computing his income for the year if he had been resident in Québec throughout the year, to the extent that such amounts are derived from a Canadian source; and

iii.  of amounts described in paragraph e of section 1093 received by him in the year, except to the extent that they are otherwise required to be included in computing his income earned in Québec for the year;

iv.  (subparagraph repealed);

(c)  may deduct, in computing their income for the year, an amount that would be deductible under sections 348 to 350 if

i.  subparagraph a of the first paragraph of section 349.1 were read as follows:

“(a) the relocation occurs to enable the individual to be a student in full-time attendance enrolled in a program at a post-secondary level at a location of a university, college or other educational institution, that institution being in this chapter referred to as “the new work location” ;”, and

ii.  the amounts mentioned in subparagraph ii of paragraph c of section 348 were those mentioned in subparagraph ii of paragraph b.

1972, c. 23, s. 816; 1973, c. 17, s. 126; 1975, c. 22, s. 245; 1979, c. 18, s. 74; 1984, c. 15, s. 239; 1986, c. 15, s. 194; 1993, c. 64, s. 185; 1994, c. 22, s. 350; 1995, c. 49, s. 233; 2001, c. 53, s. 247.

1093. Section 1092 applies to an individual not resident in Canada who, in a taxation year, is:

(a)  a student attending on a full-time basis in Québec a university, college or other institution providing courses at a post-secondary level;

(b)  a student attending courses, or a professor teaching in a university, college or other institution providing courses at the post-secondary level situated outside Canada, if such student or professor, during a previous taxation year, has ceased to be a resident of Québec in the course of attending that institution or teaching there as the case may be;

(c)  an individual who, during a previous taxation year, has ceased to be a resident of Québec in order to carry on research or a similar work under a grant which he has received for that purpose;

(d)  an individual

i.  who has, in any previous taxation year, ceased to be resident in Québec,

ii.  who receives, in the year, salary or wages or other remuneration in respect of an office or employment that is paid to the individual directly or indirectly by a person resident in Canada, and

iii.  who is, under a tax agreement, within the meaning of section 1, with one or more countries, entitled to an exemption from an income tax otherwise payable in any of those countries in respect of the salary or wages or other remuneration referred to in subparagraph ii; or

(e)  an individual who receives in the year an amount, under a contract, that is or will be deductible in computing the income of a taxpayer subject to tax under Part I and that can, irrespective of the contract, reasonably be regarded as having been received, in whole or in part

i.  as remuneration from an office or employment or compensation for services rendered in Québec; or

ii.  as consideration for entering into a contract of service or an agreement to render such service in Québec, or for undertaking not to enter into such a contract or agreement with a third party.

1972, c. 23, s. 817; 1973, c. 17, s. 127; 1984, c. 15, s. 240; 1994, c. 22, s. 350; 2001, c. 53, s. 248.

TITLE III TAXABLE QUÉBEC PROPERTY

1972, c. 23.

1094. For the purposes of this Part, taxable Québec property of a taxpayer at a particular time in a taxation year means

(a)  an immovable property situated in Québec;

(b)  property used in Québec by the taxpayer in carrying on a business, incorporeal capital property used in Québec in relation to a business or property used in Québec and included in the inventory of a business, other than

i.  property used in carrying on an insurance business, and

ii.  where the taxpayer is not resident in Canada, ships and aircraft used principally in international traffic and movable property pertaining to their operation if the country in which the taxpayer is resident does not impose tax on gains of persons resident in Canada from dispositions of such property;

(b.1)  any capital property used or held in Québec by an insurer in the year that is its designated insurance property, within the meaning of section 818, for the year;

(c)  a share of the capital stock of a corporation resident in Québec, other than a mutual fund corporation, that is not listed on a designated stock exchange;

(c.1)  a share of the capital stock of a corporation not resident in Canada that is not listed on a designated stock exchange where, at any time during the 60-month period that ends at the particular time,

i.  more than 50% of the fair market value of all the properties of the corporation was attributable to the following properties of the corporation:

(1)  a taxable Québec property,

(2)  a Canadian resource property,

(3)  a timber resource property,

(4)  an income interest in a trust resident in Canada, or

(5)  an interest in or option in respect of a property described in any of subparagraphs 2 to 4, whether or not the property exists, and

ii.  more than 50% of the fair market value of the share is derived directly or indirectly from one or any combination of

(1)  immovable property situated in Québec,

(2)  Canadian resource property, and

(3)  timber resource property;

(d)  a share that is listed on a designated stock exchange and that would be described in paragraph c or c.1 if those paragraphs were read without reference to “that is not listed on a designated stock exchange”, or a share of the capital stock of a mutual fund corporation, if at any time during the 60-month period that ends at the particular time the taxpayer, persons with whom the taxpayer did not deal at arm’s length, or the taxpayer together with all such persons owned 25% or more of the issued shares of any class of the capital stock of the corporation;

(e)  an interest in a partnership where, at any time during the 60-month period that ends at the particular time, more than 50% of the fair market value of all the properties of the partnership was attributable to the following properties of the partnership:

i.  a taxable Québec property,

ii.  a Canadian resource property,

iii.  a timber resource property,

iv.  an income interest in a trust resident in Canada, or

v.  an interest in or option in respect of a property described in any of subparagraphs ii to iv, whether or not the property exists;

(f)  a capital interest in a trust, other than a unit trust, resident in Québec;

(g)  a unit of a unit trust resident in Québec which is not a mutual fund trust;

(h)  a unit of a mutual fund trust resident in Québec where, at any time during the 60-month period that ends at the particular time, at least 25% of the issued units belonged to the taxpayer, to persons with whom the taxpayer did not deal at arm’s length, or to the taxpayer and persons with whom the taxpayer did not deal at arm’s length; and

(h.1)  an interest in a trust not resident in Canada where, at any time during the 60-month period that ends at the particular time,

i.  more than 50% of the fair market value of all the properties of the trust was attributable to the following properties of the trust:

(1)  a taxable Québec property,

(2)  a Canadian resource property,

(3)  a timber resource property,

(4)  an income interest in a trust resident in Canada, or

(5)  an interest in or an option in respect of a property described in any of subparagraphs 2 to 4, whether or not the property exists, and

ii.  more than 50% of the fair market value of the interest is derived directly or indirectly from one or any combination of

(1)  immovable property situated in Québec,

(2)  Canadian resource property, and

(3)  timber resource property;

(i)  (paragraph repealed).

1972, c. 23, s. 818; 1973, c. 17, s. 128; 1973, c. 18, s. 29; 1975, c. 22, s. 246; 1984, c. 15, s. 241; 1986, c. 19, s. 199; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 243; 2001, c. 7, s. 155; 2004, c. 8, s. 191; 2005, c. 1, s. 279; 2010, c. 5, s. 188.

1095. For the purposes of this Part, the expression “taxable Canadian property” has the same meaning as the expression “taxable Québec property” as provided in section 1094 by replacing the expressions “Québec property” and “Québec” by the expressions “Canadian property” and “Canada”.

1972, c. 23, s. 819.

1096. For the purposes of sections 1094 and 1095,

(a)  a taxable Québec property or a taxable Canadian property does not include a share of the capital stock of a non-resident owned investment corporation if, on the first day of the taxation year of the corporation in which the disposition of the share was made, the corporation did not own taxable Québec property, taxable Canadian property, Canadian resource property, timber resource property or an income interest in a trust resident in Canada; and

(b)  a property is deemed to include, at a particular time, an interest in or option in respect of the property, whether or not the property exists at that time.

1975, c. 22, s. 247; 1986, c. 19, s. 200; 1993, c. 16, s. 347; 1997, c. 3, s. 71; 2001, c. 7, s. 156.

1096.1. If, in a taxation year, a person not resident in Canada ceases at any particular time to carry on a business described in paragraphs a to g of section 363 that the person was carrying on immediately before such cessation in one or more fixed places of business in Canada and either the person does not, after that time and during the same year, resume carrying on such a business at a fixed place of business in Canada or the person disposes of Canadian resource property at any time in the year during which the person was not carrying on such a business at a fixed place of business in Canada,

(a)  in the case where the person is a corporation or a testamentary trust, a new taxation year is deemed to begin immediately after the particular time; and

(b)  in the case where the person is an individual, other than a testamentary trust, the person’s taxation year is deemed to end at the particular time and a new taxation year is deemed to begin immediately after that time.

1982, c. 5, s. 198; 1986, c. 19, s. 201; 1996, c. 39, s. 260; 2009, c. 5, s. 501.

1096.2. For the purposes of computing the income earned in Québec or the income earned in Canada by a person contemplated in section 1096.1 for the taxation year that ends at the particular time referred to in section 1096.1 or that begins immediately thereafter, such person or any partnership, other than a prescribed partnership, of which he is a member immediately after the particular time, is deemed, in the first case, to have disposed immediately before that time of each Canadian resource property that was owned by the person or partnership immediately after that time and to have received proceeds of disposition therefor, immediately before that time, equal to its fair market value at that time and, in the second case, to have reacquired, immediately after the particular time, each of such properties at a cost equal to the proceeds of disposition that the person or partnership is deemed to have received therefor.

1982, c. 5, s. 198; 1986, c. 19, s. 201; 1997, c. 3, s. 71; 2009, c. 5, s. 502.

1097. An individual not resident in Canada who proposes to dispose of any taxable Québec property other than property described in section 1102.1, property described in any of paragraphs c to h.1 of section 1094, or an excluded property may, before the disposition, send to the Minister a notice setting out

(a)  the name and address of the proposed purchaser;

(b)  a description of the property sufficiently precise to recognize it;

(c)  the estimated amount of the proceeds of disposition to be received by him for such property; and

(d)  the amount of the adjusted cost base of such property on the date of such notice.

The same rule applies in the case of a corporation not resident in Canada which proposes to dispose of a taxable Québec property which would be referred to in the first paragraph if that paragraph were read without reference to “, property described in any of paragraphs c to h.1 of section 1094,”.

1972, c. 23, s. 820; 1973, c. 17, s. 129; 1982, c. 5, s. 199; 1984, c. 35, s. 31; 1996, c. 39, s. 261; 1997, c. 3, s. 71; 2001, c. 7, s. 157; 2004, c. 8, s. 192.

1098. The Minister shall issue without delay to the person contemplated in section 1097 and to the proposed purchaser upon receipt of the notice provided for in the said section and upon payment, on account of tax payable by such person, of an amount equal to 12% of the excess of the amount mentioned in subparagraph c of the first paragraph of section 1097 over that mentioned in subparagraph d of the said paragraph or upon the furnishing of a surety acceptable to the Minister in that respect, a certificate in prescribed form fixing the amount which such person proposes to receive from the disposition in accordance with subparagraph c of the said paragraph.

1972, c. 23, s. 821; 1973, c. 18, s. 30; 1986, c. 15, s. 195; 1991, c. 25, s. 173; 2003, c. 2, s. 285; 2005, c. 23, s. 238.

1099. Every person not resident in Canada shall, when the disposition of a property contemplated in section 1097 is made, give notice thereof to the Minister within ten days, by registered mail, where:

(a)  the notice provided for in the said section has not been sent;

(b)  the purchaser is not the proposed purchaser mentioned in the notice;

(c)  the estimated amount mentioned in the notice provided for in section 1097 is less than the actual proceeds of disposition of such property;

(d)  the amount of the adjusted cost base mentioned in the notice provided for in section 1097 in respect of such property exceeds its adjusted cost base immediately before its disposition.

Such notice must contain the information mentioned in subparagraphs a and b of the first paragraph of section 1097 and indicate the actual proceeds of disposition of the property and the amount of its adjusted cost base immediately before the disposition.

1972, c. 23, s. 822; 1975, c. 83, s. 84; 1986, c. 15, s. 196; 1997, c. 14, s. 290; 1999, c. 83, s. 273.

1100. The Minister shall issue without delay to the person contemplated in section 1099 and to the purchaser, upon receipt of the notice sent under the said section and upon payment, on account of tax payable by such person, of an amount equal to 12% of the excess of the proceeds of disposition of the property over its adjusted cost base immediately before its disposition or upon furnishing of a surety acceptable to the Minister in that respect, a certificate in prescribed form attesting such facts.

1972, c. 23, s. 823; 1991, c. 25, s. 174; 2003, c. 2, s. 296; 2005, c. 23, s. 239.

1101. Where a person, in this section referred to as the “purchaser”, acquires a taxable Québec property contemplated in section 1097 from a person not resident in Canada, in this section referred to as the “vendor”, the following rules apply:

(a)  the purchaser is liable to pay to the Minister, as tax on behalf of the vendor, an amount equal to 12% of the amount by which the purchase price of the property to the purchaser exceeds, as the case may be, the amount set forth in the certificate issued under section 1098 in respect of the disposition of the property by the vendor to the purchaser;

(b)  the purchaser is entitled to deduct from any amount which he pays to the vendor or to withhold from any amount which he credits him or to recover from him in any other manner the amount which he has paid under paragraph a;

(c)  (subparagraph repealed);

(d)  the purchaser shall within the 30 days after the end of the month in which he acquires the property, pay to the Minister the amount for which he is liable under subparagraph a.

The first paragraph does not apply to a purchaser if

(a)  a certificate has been issued to the purchaser by the Minister under section 1100 in respect of the property;

(b)  section 1101.1 applies to the acquisition; or

(c)  after reasonable inquiry, the purchaser had no reason to believe that the vendor was not resident in Canada.

1972, c. 23, s. 824; 1973, c. 18, s. 31; 1975, c. 22, s. 248; 1984, c. 35, s. 32; 1991, c. 25, s. 175; 1997, c. 14, s. 290; 2003, c. 2, s. 287; 2009, c. 15, s. 369.

1101.1. This section applies to the acquisition of a property by a person (in this section referred to as the “purchaser”) from a person not resident in Canada (in this section referred to as the “vendor”) if

(a)  the purchaser concludes after reasonable inquiry that the vendor is, under a tax agreement, within the meaning of section 1, that Canada has with a particular country, a person resident in the particular country;

(b)  the property would be tax-agreement-protected property, within the meaning of section 1, of the vendor if the vendor were, under the tax agreement referred to in paragraph a, a person resident in the particular country; and

(c)  the purchaser provides notice in accordance with section 1101.2 in respect of the acquisition.

2009, c. 15, s. 370.

1101.2. A person (in this section referred to as the “purchaser”) who acquires a property from a person not resident in Canada (in this section referred to as the “vendor”) provides notice in accordance with this section if the purchaser sends to the Minister, on or before the day that is 30 days after the date of the acquisition, a notice setting out

(a)  the date of the acquisition of the property;

(b)  the name and address of the vendor;

(c)  a description of the property sufficient to identify it;

(d)  the amount paid or payable by the purchaser for the property; and

(e)  the name of the country with which Canada has entered into a tax agreement, within the meaning of section 1, under which the property is a tax-agreement-protected property, within the meaning of that section, for the purposes of section 1101.1 or 1102.5.

2009, c. 15, s. 370.

1102. Where a person not resident in Canada disposes or proposes to dispose of a property, other than excluded property, that is a life insurance policy described in subparagraph k of the first paragraph of section 1089, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a taxable Québec property, to a person with whom the person not resident in Canada was not dealing at arm’s length, for no consideration or for consideration less than the fair market value at the time the person not resident in Canada so disposes of it or proposes to dispose of it, as the case may be, or to any person by way of gift inter vivos, the following rules apply:

(a)  subparagraph c of the first paragraph of section 1097 must be read as a reference to “the amount he considers to be the fair market value of the property at the time he proposes to dispose of it”;

(b)  the reference in section 1098 to the amount which such person proposes to receive from the disposition must be read as a reference to the amount that such person considers to be the fair market value of the property;

(c)  the references in sections 1099 and 1100 to the proceeds or actual proceeds of disposition of the property must be read as references to the fair market value of the property immediately before it was disposed of; and

(d)  the references in sections 1101 and 1102.2 to the purchase price of the property must be read as references to its fair market value at the time it was acquired.

The first paragraph does not apply when, by reason of the death of a person, a property is transferred or distributed on or after his death.

1975, c. 22, s. 249; 1982, c. 5, s. 200; 1984, c. 15, s. 242; 1986, c. 15, s. 197; 1986, c. 19, s. 202; 2001, c. 7, s. 158; 2004, c. 8, s. 193; 2009, c. 15, s. 371.

1102.1. Where a person not resident in Canada disposes or proposes to dispose to a taxpayer, in a taxation year a property, other than excluded property, that is a life insurance policy described in subparagraph k of the first paragraph of section 1089, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089, a Québec timber resource property within the meaning of subparagraph e of the first paragraph of section 1089, property, other than capital property, that is immovable property situated in Québec, depreciable property that is a taxable Québec property or an incorporeal capital property that is a taxable Québec property and the person not resident in Canada pays to the Minister, on account of tax payable for the year by the person not resident in Canada such an amount as is reasonable to the Minister in respect of the disposition or proposed disposition of the property or furnishes the Minister with security acceptable to the Minister in respect of the disposition or proposed disposition of the property, the Minister shall forthwith issue to the person not resident in Canada and to the taxpayer a certificate in prescribed form fixing therein the amount of the proceeds of disposition or proposed disposition of the property or such other amount as is reasonable in the circumstances.

Property described in the first paragraph includes, at a particular time, any interest in or option in respect of the property, whether or not the property exists at that time.

1982, c. 5, s. 201; 1984, c. 15, s. 243; 1986, c. 19, s. 203; 1993, c. 16, s. 348; 2001, c. 7, s. 159; 2004, c. 8, s. 194; 2009, c. 5, s. 504.

1102.2. Where in a taxation year a taxpayer acquires from a person not resident in Canada property referred to in section 1102.1, the following rules apply:

(a)  the taxpayer shall pay, as tax on behalf of such person, an amount equal to 30% of the amount by which his purchase price of the property exceeds the amount indicated in the certificate referred to in section 1102.1;

(b)  the taxpayer is entitled to deduct or withhold from any amount paid or credited by him to such person or to otherwise recover from such person the amount paid by him under subparagraph a; and

(c)  the taxpayer shall, within 30 days after the end of the month in which he acquired the property, remit to the Minister the amount for which he is liable under subparagraph a.

The first paragraph does not apply to a taxpayer if section 1101.1 applies to the acquisition or if, after reasonable inquiry, the taxpayer had no reason to believe that the person from whom the taxpayer acquired the property was not resident in Canada.

1982, c. 5, s. 201; 2009, c. 15, s. 372.

1102.3. Where a person not resident in Canada has disposed of a life insurance policy referred to in paragraph k of section 1089, by virtue of section 967 or of a surrender, a policy loan, the dissolution of an interest in the policy by virtue of the maturity of the policy or a particular payment referred to in paragraph a of section 966, the insurer is, for the purposes of sections 1102.1 and 1102.2, deemed to be the taxpayer who acquired the property for an amount equal to the proceeds of disposition as determined under sections 966 to 977.1.

1984, c. 15, s. 244; 2001, c. 53, s. 249.

1102.4. For the purposes of sections 1097, 1102 and 1102.1, excluded property of a person not resident in Canada means

(a)  a property that is taxable Québec property solely because a provision of this Act deems it to be a taxable Québec property;

(a.1)  property, other than an immovable property situated in Québec, a Québec resource property within the meaning of subparagraph d of the first paragraph of section 1089 or a Québec timber resource property within the meaning of subparagraph e of the first paragraph of that section, that is used in Québec by the person and included in the inventory of a business;

(b)  a security listed on a recognized stock exchange, that is

i.  a share of a class of shares of the capital stock of a corporation, or

ii.  an investment in a SIFT wind-up entity;

(c)  a unit of a mutual fund trust;

(d)  a bond, debenture, bill, note, hypothecary claim, mortgage or similar obligation;

(e)  property of an insurer not resident in Canada that

i.  is licensed or otherwise authorized under the laws of Canada or a province to carry on an insurance business in Canada, and

ii.  carries on an insurance business, within the meaning of section 817, in Canada;

(f)  property of an authorized foreign bank that carries on a Canadian banking business;

(g)  an option in respect of property referred to in any of paragraphs a to f whether or not such property is in existence;

(h)  an interest in property referred to in any of paragraphs a to g; and

(i)  a property that is, at the time of its disposition, a tax-agreement-exempt property, within the meaning of section 1102.5, of the person.

2001, c. 7, s. 160; 2004, c. 8, s. 195; 2005, c. 1, s. 280; 2009, c. 5, s. 505; 2009, c. 15, s. 373; 2010, c. 5, s. 189; 2010, c. 25, s. 196.

1102.5. For the purposes of paragraph i of section 1102.4, a property is a tax-agreement-exempt property of a person not resident in Canada, at the time of that person’s disposition of the property to another person (in this section referred to as the “purchaser”), if

(a)  it is, at that time, a tax-agreement-protected property, within the meaning of section 1, of the person not resident in Canada; and

(b)  if the purchaser and the person not resident in Canada are related at that time, the purchaser provides notice in accordance with section 1101.2 in respect of the disposition.

2009, c. 15, s. 374.

PART III INVESTMENT INSTITUTIONS

1972, c. 23.

BOOK I INVESTMENT CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

1103. An investment corporation may, for the purpose of computing the tax contemplated in subsection 1 of section 771 for a taxation year, deduct from its taxable income for the year its taxed capital gains for the year.

1972, c. 23, s. 825; 1976, c. 18, s. 17; 1994, c 22, s. 336; 1997, c. 3, s. 71.

1104. For the purposes of this Book, a corporation is an investment corporation throughout any taxation year in respect of which the expression is being applied if it complies with the following conditions:

(a)  it was throughout the year a Canadian corporation that was a public corporation;

(b)  not less than 80% of its property throughout the year consisted of shares, bonds, marketable securities or cash;

(c)  not less than 95% of its income, determined without reference to section 295, for the year was derived from, or from dispositions of, property described in paragraph b;

(d)  not less than 85% of its gross revenue for the year was from sources in Canada;

(e)  not more than 25% of its gross revenue for the year was from interest;

(f)  at no time in the year did more than 10% of its property consist of shares, bonds or other securities of any one corporation or debtor other than the State or Her Majesty in right of Canada or a province, within the meaning of section 1, other than Québec, or other than a Canadian municipality;

(g)  no person would have been a specified shareholder of the corporation in the year if

i.  section 21.17 were read with “not less than 10%” replaced by “more than 25%” and without reference to the words “of any other corporation that is related to the corporation”,

ii.  paragraph a of section 21.18 were read with the words “with whom the taxpayer does not deal at arm’s length” replaced by the words “related to the taxpayer”,

iii.  section 21.18 were read without reference to paragraph d of that section, and

iv.  paragraph a of subsection 1 of section 19 were read as follows:

“(a) an individual and

i. the individual’s child, as defined in subparagraph d of the first paragraph of section 451, who is under 19 years of age, or

ii. the individual’s spouse;”;

(h)  an amount of not less than 85% of the aggregate determined under section 1105, less any dividends or interest received by it in the form of shares, bonds or other securities that had not been sold before the end of the year, was distributed to its shareholders before the end of the year and otherwise than by way of a capital gains dividend.

1972, c. 23, s. 828; 1973, c. 17, s. 130; 1973, c. 18, s. 32; 1976, c. 18, s. 19; 1980, c. 13, s. 107; 1982, c. 5, s. 202; 1993, c. 16, s. 349; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1998, c. 16, s. 251; 2001, c. 7, s. 161.

1104.0.1. In this Book, “taxed capital gains” of a corporation for a taxation year means the amount by which its taxable capital gains for the year from the disposition of property exceed the aggregate of its allowable capital losses for the year from the disposition of property and the amount deducted under section 729 for the purpose of computing its taxable income for the year.

1994, c. 22, s. 337; 1997, c. 3, s. 71.

1104.1. Where a corporation so elects in the fiscal return it is required to file under this Act for a taxation year, each property of the corporation that is a share or indebtedness of another Canadian corporation that is, at any time in the year, a subsidiary wholly-owned corporation of the corporation is deemed, for the purposes of paragraphs b and f of section 1104 not to be owned by the corporation at that time, and each property owned by the other corporation at that time is deemed, for the purposes of the said paragraphs, to be owned by the corporation at that time.

1993, c. 16, s. 350; 1997, c. 3, s. 71.

1105. The aggregate to which paragraph h of section 1104 refers in respect of the corporation contemplated therein is the aggregate of the following amounts:

(a)  66 2/3% of the amount by which its taxable income for the year exceeds its taxed capital gains for the year; and

(b)  the amount by which the taxable dividends received by the corporation during the year, to the extent that such dividends are deductible from its income for the year under sections 738 to 749, exceeds the amount that the corporation’s non-capital losses for the year would be if the amount determined in paragraph b of section 28 in respect of the corporation for the year was nil.

1976, c. 18, s. 20; 1982, c. 5, s. 203; 1994, c. 22, s. 338; 1997, c. 3, s. 71.

1106. Where at any particular time a dividend becomes payable by a corporation that is an investment corporation throughout the taxation year during which the dividend becomes payable, the corporation may elect in prescribed manner, in respect of the full amount of the dividend, that the following rules apply:

(a)  the dividend is deemed to be a capital gains dividend payable out of the corporation’s capital gains dividend account, within the meaning of the regulations, to the extent that it does not exceed the corporation’s capital gains dividend account at that time;

(b)  notwithstanding any other provision of this Act, no amount received in a taxation year by a taxpayer as the dividend shall be included in computing the taxpayer’s income for the year as income from a share of the capital stock of the corporation, but

i.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer includes 27 February 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and before 28 February 2000,

ii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iv.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year and before 18 October 2000,

v.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

vi.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer includes 17 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000,

vii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 17 October 2000, and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year, and

viii.  in any other case, the dividend is deemed to be a capital gain of the taxpayer from the disposition of capital property in the year and after 17 October 2000.

For the purposes of subparagraph b of the first paragraph, the following rules apply:

(a)  dividends paid by a corporation are deemed to be paid in respect of the corporation’s net capital gains in the order in which those net capital gains were realized by the corporation; and

(b)  capital gains redemptions, within the meaning of subsection 6 of section 131 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), are deemed to be made in respect of net capital gains in the order in which those net capital gains were realized by the corporation to the extent that they are not reduced by dividends.

For the purposes of the second paragraph, the following rules apply:

(a)  net capital gains of a corporation for a year is the amount by which the corporation’s capital gains from dispositions of property in the year exceed the corporation’s capital losses from dispositions of property in the year;

(b)  net capital losses of a corporation for a year is the amount by which the corporation’s capital losses from dispositions of property in the year exceed the corporation’s capital gains from dispositions of property in the year;

(c)  net capital gains of a corporation for a year are deemed to be realized evenly throughout the year, and

(d)  net capital losses of a corporation for a year are deemed to be a capital loss of the corporation from the disposition of property in the following year.

1972, c. 23, s. 829; 1974, c. 18, s. 40; 1976, c. 18, s. 21; 1982, c. 5, s. 204; 1988, c. 4, s. 143; 1990, c. 59, s. 356; 1994, c. 22, s. 339; 1996, c. 39, s. 262; 1997, c. 3, s. 71; 2003, c. 2, s. 288.

1106.0.1. Where subparagraph b of the first paragraph of section 1106 applies in respect of a dividend paid by an investment corporation to a shareholder, the corporation shall disclose to the shareholder in prescribed form the amount of the dividend that is in respect of capital gains realized on dispositions of property that occurred before 28 February 2000, after 27 February 2000 but before 18 October 2000, and after 17 October 2000.

Where the requirement of the first paragraph is not met, the dividend is deemed to be in respect of capital gains from dispositions of property that occurred before 28 February 2000.

2003, c. 2, s. 289.

1106.0.2. Where section 1106 applies in respect of a dividend paid by an investment corporation in the period that begins 60 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year, and the corporation does not elect under section 1106.0.3, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began at the beginning of the year and ended on 27 February 2000 is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph;

(b)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began on 28 February 2000 and ended on 17 October 2000 is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph; and

(c)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph.

In this section and in section 1106.0.4, net capital gains from dispositions of property in a particular period means the amount by which the corporation’s capital gains from dispositions of property in a particular period exceeds the corporation’s capital losses from dispositions of property in that period.

2003, c. 2, s. 289.

1106.0.3. Where section 1106 applies in respect of a dividend paid by an investment corporation in the period that begins 60 days after the beginning of the corporation’s taxation year that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and before 28 February 2000 is deemed to be that proportion of the dividend that the number of days that are in that year and before 28 February 2000 is of the number of days that are in that year;

(b)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year.

2003, c. 2, s. 289.

1106.0.4. For the purposes of sections 1106.0.2 and 1106.0.3, where the total amount of dividends, to which section 1106 applies, paid by an investment corporation in the period that begins 60 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year exceeds the total amount of the corporation’s net capital gains from dispositions of property in that year, the following rules apply:

(a)  the amount of those dividends to which sections 1106.0.2 and 1106.0.3 apply is the amount of the corporation’s net capital gains from dispositions of property in that year; and

(b)  the amount by which the total amount of dividends paid by the corporation in the period exceeds the total amount of the corporation’s net capital gains from dispositions of property in that year is deemed to be a dividend in respect of capital gains from dispositions of property in the first of the periods described in section 1106.0.2 that ended in the year.

2003, c. 2, s. 289.

1106.0.5. Where no dividend to which section 1106.0.3 applies is paid by an investment corporation in respect of its net taxable capital gains for its taxation year that includes 28 February 2000 or 17 October 2000, the corporation has net capital gains or net capital losses from dispositions of property in the year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred before 28 February 2000 is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and before 28 February 2000 is of the number of days that are in the year;

(b)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year.

In the first paragraph,

(a)  the net capital gains of the corporation from dispositions of property in the year is the amount by which the corporation’s capital gains from dispositions of property in the year exceeds the corporation’s capital losses from dispositions of property in the year; and

(b)  the net capital losses of the corporation from dispositions of property in the year is the amount by which the corporation’s capital losses from dispositions of property in the year exceeds the corporation’s capital gains from dispositions of property in the year.

2003, c. 2, s. 289.

1106.1. Notwithstanding any other provision of this Act, an investment corporation that at any time would, but for this section, be a restricted financial institution is deemed not to be a restricted financial institution at that time, if before that time it has made the election prescribed in subsection 10 of section 131 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

An investment corporation that has made the election referred to in the first paragraph shall transmit to the Minister, at or before the time the election was made, a copy of the documents it is required to file under subsection 10 of section 131 of the Income Tax Act.

1990, c. 59, s. 357; 1997, c. 3, s. 71.

1107. Unless otherwise provided in this Book, Part I applies, with the necessary modifications, to an investment corporation.

1972, c. 23, s. 830; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

BOOK II MORTGAGE INVESTMENT CORPORATIONS

1974, c. 18, s. 41; 1997, c. 3, s. 71.

1108. In this Book,

“mortgage investment corporation” has the meaning assigned by the regulations;

“taxed capital gains” has the meaning assigned by section 1104.0.1.

1974, c. 18, s. 41; 1985, c. 25, s. 162; 1994, c. 22, s. 340; 1995, c. 49, s. 234; 1996, c. 39, s. 263; 1997, c. 3, s. 65.

1109. A mortgage investment corporation may deduct in computing its income the taxable dividends, other than capital gains dividends, which it pays during the year or within the 90 days following the end of such year.

However, such deduction may be made only to the extent that such dividends were not deductible by the corporation in computing its income for the preceding year.

1974, c. 18, s. 41; 1978, c. 26, s. 212; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

1110. A mortgage investment corporation may also deduct in computing its income, subject to the second paragraph, 1/2 of the capital gains dividends which it pays during the period beginning 91 days after the commencement of the year and ending 90 days after the end of such year.

However, where the year includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the reference to the fraction “1/2” in the first paragraph shall be read as a reference to the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation for the year.

1974, c. 18, s. 41; 1990, c. 59, s. 358; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2003, c. 2, s. 290.

1111. A mortgage investment corporation cannot make any deduction under sections 738 to 745.

1974, c. 18, s. 41; 1975, c. 22 s. 250; 1997, c. 3, s. 71.

1112. For the purposes of this Act, any amount received by a shareholder of a mortgage investment corporation as a taxable dividend other than a capital gains dividend, is deemed to have been received as interest on a bond issued by the corporation after 1971, where such dividend has been paid in a taxation year during the whole of which the corporation was a mortgage investment corporation or within the 90 days following the end of such year.

1974, c. 18, s. 41; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

1113. Where a dividend is paid at any particular time during the period referred to in the first paragraph of section 1110, the mortgage investment corporation may elect in prescribed manner, in respect of the full amount of the dividend, that the following rules apply:

(a)  the dividend is deemed to be a capital gains dividend to the extent that, subject to the second paragraph, it does not exceed the amount by which twice the taxed capital gains of the corporation for the year exceeds the aggregate of all dividends, and parts of dividends, paid by the corporation during the period and before the particular time that are deemed under this paragraph to be capital gains dividends; and

(b)  notwithstanding any other provision of this Act, no amount received in a taxation year by a taxpayer as the dividend shall be included in computing the taxpayer’s income for the year as income from a share of the capital stock of the corporation, but

i.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer includes 27 February 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and before 28 February 2000,

ii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000 and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iv.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of capital property in the year and before 18 October 2000,

v.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

vi.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000 and the taxation year of the taxpayer includes 17 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000,

vii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 17 October 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended before 17 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year, and

viii.  in any other case, the dividend is deemed to be a capital gain of the taxpayer from the disposition of capital property in the year and after 17 October 2000.

Where the taxation year of the corporation includes 28 February 2000 or 17 October 2000, or begins after 28 February 2000 and ends before 17 October 2000, the reference to the word “twice” in subparagraph a of the first paragraph shall be read, with the necessary modifications, as a reference to the reciprocal of the fraction in paragraphs a to d of section 231.0.1 that applies to the corporation for the year.

1974, c. 18, s. 41; 1986, c. 19, s. 204; 1987, c. 67, s. 198; 1990, c. 59, s. 359; 1994, c. 22, s. 341; 1996, c. 39, s. 264; 1997, c. 3, s. 71; 2003, c. 2, s. 291.

1113.1. Where subparagraph b of the first paragraph of section 1113 applies in respect of a dividend paid by a mortgage investment corporation to a shareholder in the period that begins 91 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 90 days after the end of that year, the corporation shall disclose to the shareholder in prescribed form the amount of the dividend that is in respect of capital gains realized on dispositions of property that occurred before 28 February 2000, after 27 February 2000 but before 18 October 2000, and after 17 October 2000.

Where the requirement of the first paragraph is not met, the dividend is deemed to be in respect of capital gains from dispositions of property that occurred before 28 February 2000.

2003, c. 2, s. 292.

1113.2. Where section 1113 applies in respect of a dividend paid by a mortgage investment corporation in the period that begins 91 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 90 days after the end of that year, and the corporation does not elect under section 1113.3, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the particular period that began at the beginning of the year and ended on 27 February 2000 is deemed to be that proportion of the dividend that the net capital gains of the corporation from the dispositions of property in the particular period is of the total of the corporation’s net capital gains from the dispositions of property in each of the particular periods referred to in this paragraph;

(b)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the particular period that began on 28 February 2000 and ended on 17 October 2000 is deemed to be that proportion of the dividend that the net capital gains of the corporation from the dispositions of property in the particular period is of the total of the corporation’s net capital gains from the dispositions of property in each of the particular periods referred to in this paragraph; and

(c)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the particular period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the dividend that the net capital gains of the corporation from the dispositions of property in the particular period is of the total of the corporation’s net capital gains from the dispositions of property in each of the particular periods referred to in this paragraph.

In this section, net capital gains from dispositions of property in a particular period means the amount by which the corporation’s capital gains from dispositions of property in a particular period exceeds the corporation’s capital losses from dispositions of property in that period.

2003, c. 2, s. 292.

1113.3. Where section 1113 applies in respect of a dividend paid by a mortgage investment corporation in the period that begins 91 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 90 days after the end of that year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and before 28 February 2000 is deemed to be that proportion of the dividend that the number of days that are in that year and before 28 February 2000 is of the number of days that are in that year;

(b)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000 is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year.

2003, c. 2, s. 292.

1113.4. Where no dividend to which section 1113.3 applies is paid by a mortgage investment corporation in respect of its net taxable capital gains for its taxation year that includes 28 February 2000 or 17 October 2000, the corporation has net capital gains or net capital losses from dispositions of property in the year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred before 28 February 2000 is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and before 28 February 2000 is of the number of days that are in the year;

(b)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year.

In the first paragraph,

(a)  the net capital gains of a corporation from dispositions of property in a year is the amount by which the corporation’s capital gains from dispositions of property in a year exceeds the corporation’s capital losses from dispositions of property in the year; and

(b)  the net capital losses of a corporation from dispositions of property in a year is the amount by which the corporation’s capital losses from dispositions of property in a year exceeds the corporation’s capital gains from dispositions of property in the year.

2003, c. 2, s. 292.

1114. For the purposes of this Act, a mortgage investment corporation is deemed to be a public corporation.

1974, c. 18, s. 41; 1997, c. 3, s. 71.

1115. Unless otherwise provided in this Book, Part I applies, with the necessary modifications, to a mortgage investment corporation.

1974, c. 18, s. 41; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

BOOK III MUTUAL FUND CORPORATIONS

1972, c. 23; 1996, c. 39, s. 265.

1116. Where at any particular time a dividend becomes payable by a corporation that is a mutual fund corporation throughout the taxation year during which the dividend becomes payable, the corporation may elect in prescribed manner, in respect of the full amount of the dividend, that the following rules apply:

(a)  the dividend is deemed to be a capital gains dividend payable out of the corporation’s capital gains dividend account, within the meaning of the regulations, to the extent that it does not exceed the corporation’s capital gains dividend account at that time;

(b)  notwithstanding any other provision of this Act, no amount received in a taxation year by a taxpayer as the dividend shall be included in computing the taxpayer’s income for the year as income from a share of the capital stock of the corporation, but

i.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer includes 27 February 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and before 28 February 2000,

ii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000, and the taxation year of the taxpayer began after 17 October 2000, 3/2 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

iv.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred before 28 February 2000 and the taxation year of the taxpayer began after 27 February 2000 and ended after 17 October 2000, 9/8 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and before 18 October 2000,

v.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer began after 17 October 2000, 4/3 of the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year,

vi.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 18 October 2000, and the taxation year of the taxpayer includes 17 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year and in the period that began after 27 February 2000 and ended before 18 October 2000,

vii.  where the dividend is in respect of capital gains of the corporation from dispositions of property that occurred after 27 February 2000 but before 17 October 2000, and the taxation year of the taxpayer began after 27 February 2000 and ended before 18 October 2000, the dividend is deemed to be a capital gain of the taxpayer from the disposition by the taxpayer of a capital property in the year, and

viii.  in any other case, the dividend is deemed to be a capital gain of the taxpayer from the disposition of capital property in the year and after 17 October 2000.

For the purposes of subparagraph b of the first paragraph, the following rules apply:

(a)  dividends paid by a corporation are deemed to be paid in respect of the corporation’s net capital gains in the order in which those net capital gains were realized by the corporation; and

(b)  capital gain redemptions, within the meaning of subsection 6 of section 131 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), are deemed to be made in respect of net capital gains in the order in which those net capital gains were realized by the corporation to the extent that they are not reduced by dividends.

For the purposes of the second paragraph, the following rules apply:

(a)  net capital gains of a corporation for a year is the amount by which the corporation’s capital gains from dispositions of property in the year exceed the corporation’s capital losses from dispositions of property in the year;

(b)  net capital losses of a corporation for a year is the amount by which the corporation’s capital losses from dispositions of property in the year exceed the corporation’s capital gains from dispositions of property in the year;

(c)  net capital gains of a corporation for a year are deemed to be realized evenly throughout the year, and

(d)  net capital losses of a corporation for a year are deemed to be a capital loss of the corporation from the disposition of property in the following year.

1972, c. 23, s. 831; 1974, c. 18, s. 42; 1976, c. 18, s. 22; 1982, c. 5, s. 205; 1987, c. 67, s. 199; 1990, c. 59, s. 360; 1994, c. 22, s. 342; 1996, c. 39, s. 266; 1997, c. 3, s. 71; 2003, c. 2, s. 293.

1116.1. Where subparagraph b of the first paragraph of section 1116 applies in respect of a dividend paid by a mutual fund corporation to a shareholder, the corporation shall disclose to the shareholder in prescribed form the amount of the dividend that is in respect of capital gains realized on dispositions of property that occurred before 28 February 2000, after 27 February 2000 but before 18 October 2000, and after 17 October 2000.

Where the requirement of the first paragraph is not met, the dividend is deemed to be in respect of capital gains from dispositions of property that occurred before 28 February 2000.

2003, c. 2, s. 294.

1116.2. Where section 1116 applies in respect of a dividend paid by a mutual fund corporation in the period that begins 60 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year, and the corporation does not elect under section 1116.3, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began at the beginning of the year and ended on 27 February 2000 is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph;

(b)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began on 28 February 2000 and ended on 17 October 2000 is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph; and

(c)  the portion of the dividend that is in respect of capital gains of the corporation from dispositions of property by the corporation in the year and in the particular period that began on 18 October 2000 and ended at the end of the year is deemed to be that proportion of the dividend that the corporation’s net capital gains from dispositions of property in the particular period is of the total of the corporation’s net capital gains from dispositions of property in each of the particular periods referred to in this paragraph.

In this section and in section 1116.4, net capital gains from dispositions of property in a particular period means the amount by which the corporation’s capital gains from dispositions of property in a particular period exceeds the corporation’s capital losses from dispositions of property in that period.

2003, c. 2, s. 294.

1116.3. Where section 1116 applies in respect of a dividend paid by a mutual fund corporation in the period that begins 60 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and before 28 February 2000 is deemed to be that proportion of the dividend that the number of days that are in that year and before 28 February 2000 is of the number of days that are in that year;

(b)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of the dividend that is in respect of capital gains from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the dividend that the number of days that are in the year and in that period is of the number of days that are in the year.

2003, c. 2, s. 294.

1116.4. For the purposes of sections 1116.2 and 1116.3, where the total amount of dividends, to which section 1116 applies, paid by a mutual fund corporation in the period that begins 60 days after the beginning of a taxation year of the corporation that includes 28 February 2000 or 17 October 2000 and ends 60 days after the end of that year exceeds the total amount of the corporation’s net capital gains from dispositions of property in that year, the following rules apply:

(a)  the amount of those dividends to which sections 1116.2 and 1116.3 apply is the amount of the corporation’s net capital gains from dispositions of property in that year; and

(b)  the amount by which the total amount of dividends paid by the corporation in the period exceeds the total amount of the corporation’s net capital gains from dispositions of property in that year is deemed to be a dividend in respect of capital gains from dispositions of property in the first of the periods described in section 1116.2 that ended in the year.

2003, c. 2, s. 294.

1116.5. Where no dividend to which section 1116.3 applies is paid by a mutual fund corporation in respect of its net taxable capital gains for its taxation year that includes 28 February 2000 or 17 October 2000, the corporation has net capital gains or net capital losses from dispositions of property in the year, and the corporation so elects under this section in its fiscal return filed under this Part for the year, the following rules apply:

(a)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred before 28 February 2000 is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and before 28 February 2000 is of the number of days that are in the year;

(b)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 28 February 2000 and ended on 17 October 2000, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year; and

(c)  the portion of those net capital gains and net capital losses that is in respect of capital gains and losses from dispositions of property that occurred in the year and in the period that began on 18 October 2000 and ended at the end of the year, is deemed to be that proportion of the net capital gains or net capital losses respectively that the number of days that are in the year and in that period is of the number of days that are in the year.

In the first paragraph,

(a)  the net capital gains of the corporation from dispositions of property in the year is the amount by which the corporation’s capital gains from dispositions of property in the year exceeds the corporation’s capital losses from dispositions of property in the year; and

(b)  the net capital losses of the corporation from dispositions of property in the year is the amount by which the corporation’s capital losses from dispositions of property in the year exceeds the corporation’s capital gains from dispositions of property in the year.

2003, c. 2, s. 294.

1117. Subject to section 1117.1, a corporation is a mutual fund corporation at any time in a taxation year if, at that time, it is a prescribed corporation or:

(a)  it is a Canadian corporation which is a public corporation;

(b)  its only undertaking is

i.  the investing of its funds in property, other than immovable property or an interest in immovable property,

ii.  the acquiring, holding, maintaining, improving, leasing or managing of any immovable property, or an interest in immovable property, that is capital property of the corporation, or

iii.  any combination of the activities described in subparagraphs i and ii;

(c)  the issued shares of its capital stock include, for a value at least equal to 95% of the fair market value of all the issued shares, without regard to the voting rights:

i.  shares including conditions requiring the corporation to redeem, upon application of the holder and at the price fixed and payable according to the conditions, the said shares, in whole or in part, if they are fully paid-up; or

ii.  shares meeting the conditions prescribed as to their redemption.

1972, c. 23, s. 832; 1993, c. 16, s. 351; 1996, c. 39, s. 267; 1997, c. 3, s. 71; 2001, c. 7, s. 162.

1117.1. Where, at any time, it may reasonably be considered that a corporation, having regard to all the circumstances, including the terms and conditions of the shares of the capital stock of the corporation, was established or exists primarily for the benefit of persons not resident in Canada, the corporation is deemed not to be a mutual fund corporation after that time unless

(a)  throughout the period that begins on the later of 21 February 1990 and the day of its incorporation and ends at that time, all or substantially all of its property consisted of property other than property that would be taxable Canadian property if section 1094 were read without reference to paragraph b thereof; or

(b)  the corporation has not issued a share, other than a share issued as a stock dividend, of its capital stock after 20 February 1990 and before that time to a person that, after reasonable inquiry, it had reason to believe was not resident in Canada, except where the share was issued to that person pursuant to an agreement in writing entered into before 21 February 1990.

1993, c. 16, s. 352; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 2004, c. 8, s. 196.

1118. The presumption provided in sections 504 to 510 in respect of the payment or receipt of a dividend does not apply if the corporation, at the time where such presumption would apply, is a mutual fund corporation.

1972, c. 23, s. 833; 1975, c. 22, s. 251; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

1118.1. Notwithstanding any other provision of this Act, a mutual fund corporation that at any time would, but for this section, be a restricted financial institution is deemed not to be a restricted financial institution at that time, if before that time it has made the election contemplated in subsection 10 of section 131 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement).

A mutual fund corporation that has made the election referred to in the first paragraph shall transmit to the Minister, at or before the time the election was made, a copy of the documents it is required to file under subsection 10 of section 131 of the Income Tax Act.

1990, c. 59, s. 361; 1996, c. 39, s. 273.

1119. Section 1103 applies, with the necessary modifications, in respect of a taxation year, to a corporation which was a mutual fund corporation throughout the year and, unless otherwise provided in this Book, Part I applies, with the necessary modifications, to a mutual fund corporation.

1972, c. 23, s. 834; 1976, c. 18, s. 23; 1995, c. 63, s. 229; 1996, c. 39, s. 273; 1997, c. 3, s. 71.

BOOK IV MUTUAL FUND TRUST

1972, c. 23; 1996, c. 39, s. 273.

1120. Subject to section 1120.1, a trust is a mutual fund trust at any time if, at that time,

(a)  it was a unit trust resident in Canada;

(b)  its only undertaking was

i.  the investing of its funds in property, other than immovable property or an interest in immovable property,

ii.  the acquiring, holding, maintaining, improving, leasing or managing of any immovable property, or interest in immovable property, that is capital property of the trust, or

iii.  any combination of the activities described in subparagraphs i and ii; and

(c)  it complied with the prescribed conditions.

1972, c. 23, s. 835; 1973, c. 17, s. 131; 1993, c. 16, s. 353; 1996, c. 39, s. 273; 1997, c. 31, s. 131; 2001, c. 7, s. 163; 2009, c. 5, s. 506.

1120.0.1. If a trust becomes a mutual fund trust at any particular time before the 91st day after the end of its first taxation year, and the trust makes a valid election under subsection 6.1 of section 132 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) after 19 December 2006, the trust is deemed to have been a mutual fund trust from the beginning of that year until the particular time.

Chapter V.2 of Title II of Book I of Part I applies in relation to an election made under subsection 6.1 of section 132 of the Income Tax Act or in relation to an election made under this section before 20 December 2006.

2001, c. 7, s. 164; 2001, c. 53, s. 250; 2009, c. 5, s. 507.

1120.0.2. A trust is deemed to be a mutual fund trust throughout a calendar year where

(a)  at any time in the year, the trust would, but for this section, have ceased to be a mutual fund trust

i.  because the condition described in paragraph a of section 649 ceased to be satisfied,

ii.  because of the application of paragraph c of section 1120, or

iii.  because the trust ceased to exist;

(b)  the trust was a mutual fund trust at the beginning of the year; and

(c)  the trust would, throughout the portion of the year throughout which it was in existence, have been a mutual fund trust if

i.  in the case where the condition described in paragraph a of section 649 was satisfied at any time in the year, that condition was satisfied throughout the year,

ii.  section 1120 were read without reference to paragraph c thereof, and

iii.  this Book were read without reference to this section.

2003, c. 2, s. 295.

1120.1. Where, at any time, it may reasonably be considered that a trust, having regard to all the circumstances, including the terms and conditions of the units of the trust, was established or exists primarily for the benefit of persons not resident in Canada, the trust is deemed not to be a mutual fund trust after that time unless

(a)  at that time, all or substantially all of its property is property other than property that would be taxable Canadian property of the trust if section 1094 was read without reference to its paragraph b; or

(b)  the trust has not issued any units, other than units referred to in the second paragraph, after 20 February 1990 and before that time to a person who, after reasonable inquiry, it had reason to believe was not resident in Canada, except where the units were issued to that person under an agreement in writing entered into before 21 February 1990.

The units to which subparagraph b of the first paragraph refers are the following:

(a)  a unit issued to a person as a payment of an amount out of the trust’s income determined before the application of sections 657 and 657.1, or out of the trust’s capital gains; or

(b)  a unit issued to a person in consideration for the person’s right to enforce payment of an amount out of the trust’s income or capital gains referred to in subparagraph a.

1993, c. 16, s. 354; 1996, c. 39, s. 273; 2004, c. 8, s. 197; 2009, c. 5, s. 508.

1121. Part I applies to a mutual fund trust except that in section 667 the expression “dividend other than a taxable dividend” must be replaced by the expression “capital dividend”.

1972, c. 23, s. 836; 1996, c. 39, s. 273.

1121.1. For the purposes of Part I, where a trust in its fiscal return filed under this Part for a taxation year throughout which it was a mutual fund trust designates a particular amount, established for the year under section 1121.2, in respect of a particular unit of the trust owned by a taxpayer at any time in the year, the following rules apply:

(a)  the particular amount shall, subject to section 1121.4, be deductible in computing the income of the trust for the year;

(b)  the particular amount shall be included in computing the income of the taxpayer for his taxation year in which the year of the trust ends, except that where the particular unit was owned by two or more taxpayers during the year, such part of the particular amount as the trust may determine shall, if the aggregate of all such parts is equal to that particular amount, be included in computing the income of each such taxpayer for his taxation year in which the year of the trust ends.

1990, c. 59, s. 362; 1996, c. 39, s. 273.

1121.2. The particular amount referred to in section 1121.1 for a taxation year of a mutual fund trust in respect of a particular unit thereof is equal to the aggregate of

(a)  such amount as the trust may determine in respect of the particular unit for the year not exceeding the amount by which the aggregate of all amounts determined by it under section 670, as that section read before being repealed, for its taxation years commencing before 1 January 1988 exceeds the aggregate of those determined by it under this paragraph for the year or a preceding taxation year in respect of all its units, except the amount determined by it in respect of the particular unit for the year under this paragraph;

(b)  such amount as the trust may determine in respect of the particular unit for the year not exceeding the amount by which the aggregate of all amounts described in subparagraph i.1 of paragraph n of section 257 that became payable by the trust after 31 December 1987 and before the year exceeds the aggregate of those determined by it under this paragraph for the year or a preceding taxation year in respect of all its units, except the amount determined by it in respect of the particular unit for the year under this paragraph.

1990, c. 59, s. 362; 1996, c. 39, s. 273; 1997, c. 31, s. 132.

1121.3. A taxpayer shall add, in computing, at any time in his taxation year, the adjusted cost base to him of a unit in a mutual fund trust, that part of the amount included in computing his income under section 1121.1 that is reasonably attributable to the amount determined under paragraph b of section 1121.2 by the trust for its taxation year ending in the year in respect of the unit owned by the taxpayer.

1990, c. 59, s. 362; 1996, c. 39, s. 273.

1121.4. The aggregate of amounts deductible under paragraph a of section 1121.1 in computing the income of a trust for a taxation year shall not exceed the amount that would be the income of the trust for the year if no deductions were allowed under paragraph a of section 657 and section 1121.1.

1990, c. 59, s. 362.

1121.5. For the purposes of paragraph a of section 1121.1 and section 1121.4, the amount by which the aggregate of all amounts each of which is an amount designated by a trust for a particular taxation year under section 1121.1 exceeds the amount deductible under section 1121.1 in computing its income for the particular year is deemed to be an amount designated by the trust under section 1121.1 for its taxation year following the particular year.

1990, c. 59, s. 362.

1121.6. For the purposes of paragraph a of section 1121.1, a particular amount designated under the said section for a taxation year of a mutual fund trust in respect of a unit of the trust owned at any time in the year by a taxpayer who was a person exempt from tax under this Part by reason of Book VIII of Part I shall have no effect where it is reasonable to conclude that an amount determined by the trust under paragraph a or b of section 1121.2 for the year in respect of the unit or, in respect of the amount designated, under paragraph b of section 1121.1 differs from the amount that would have been so determined for the year in respect of the taxpayer had he not been such a person.

1990, c. 59, s. 362; 1996, c. 39, s. 273.

1121.7. Despite any other provision of this Act and subject to the second paragraph, if a trust has made a valid election under subsection 1 of section 132.11 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), other than an election in respect of which the rules set out in subsection 1.1 of section 132.11 of that Act apply as a result of an application made by the trust under that subsection 1.1 and granted by the Minister of National Revenue before 20 December 2006, the following rules apply:

(a)  if a taxation year of the trust (determined for the purposes of the Income Tax Act) ends, because of paragraph a of subsection 1 of section 132.11 of that Act, on 15 December of a particular calendar year, the trust’s taxation year (determined for the purposes of this Act) that includes that date is deemed to end on that date; and

(b)  if a taxation year of the trust (determined for the purposes of the Income Tax Act) ends, because of paragraph a of subsection 1 of section 132.11 of that Act, on 15 December of a particular calendar year, each of its taxation years (determined for the purposes of this Act) that end after that date is deemed, subject to section 1121.7.1, to be the period that begins on 16 December of a calendar year and ends on 15 December of the following calendar year or at such earlier time as is determined under paragraph b of section 785.5 or section 851.22.23.

If, because of a particular election made under subsection 1 of section 132.11 of the Income Tax Act, a particular taxation year of a trust (determined for the purposes of that Act) ended on 15 December 2006 and if a taxation year of the trust (determined for the purposes of this Act) ended on 31 December 2005, the following rules apply:

(a)  if paragraph a of subsection 1.1 of section 132.11 of that Act does not apply in respect of the taxation year of the trust that follows the particular taxation year,

i.  subparagraph b of the first paragraph does not apply in respect of a taxation year of the trust (determined for the purposes of this Act) that began before 16 December 2007, and

ii.  the taxation year of the trust (determined for the purposes of this Act) that includes 15 December 2007 is deemed to end on that date and a new taxation year of the trust (determined for the purposes of this Act) is deemed to begin immediately after that date; and

(b)  if paragraph a of subsection 1.1 of section 132.11 of that Act applies in respect of the taxation year of the trust that follows the particular taxation year, the first paragraph applies as if the particular election had not been made.

Chapter V.2 of Title II of Book I of Part I applies in relation to an election made under subsection 1 of section 132.11 of the Income Tax Act.

2001, c. 53, s. 251; 2004, c. 8, s. 198; 2009, c. 5, s. 509.

1121.7.1. If, for the purposes of this Act, a particular taxation year of a trust ends on 15 December of a calendar year because of an election referred to in section 1121.7 or because of the second paragraph of that section, if the trust applies to the Minister of National Revenue, in accordance with subsection 1.1 of section 132.11 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), to have that subsection 1.1 apply in relation to its taxation years that follow the particular year, and if the Minister of National Revenue grants the application after 19 December 2006, the following rules apply:

(a)  the trust’s taxation year following the particular year is deemed to begin immediately after the end of the particular year and end at the end of that calendar year; and

(b)  each subsequent taxation year of the trust is deemed to be determined as if that election had not been made.

Chapter V.2 of Title II of Book I of Part I applies in relation to an application made under subsection 1.1 of section 132.11 of the Income Tax Act and granted by the Minister of National Revenue.

2004, c. 8, s. 199; 2009, c. 5, s. 510.

1121.8. Where a trust is a member of a partnership a fiscal period of a business or property of which ends in a calendar year after 15 December of the year and a particular taxation year of the trust ends on 15 December of the year because of section 1121.7, each amount otherwise determined under paragraph f or g of section 600 to be the trust’s income or loss for a taxation year subsequent to that year is deemed to be the trust’s income or loss determined under that paragraph for the particular year and not for the subsequent year.

2001, c. 53, s. 251.

1121.9. Where a particular trust is a beneficiary under another trust a taxation year of which, in this section referred to as the "other year", ends in a calendar year after 15 December of the year and a particular taxation year of the particular trust ends on 15 December of the year because of section 1121.7, each amount otherwise determined or designated under section 663, 666, 668, 669.3 or 671 for the other year that would otherwise be included, or taken into account, in computing the income of the particular trust for a taxation year subsequent to that year shall be included, or taken into account, in computing the particular trust’s income for the particular year and not be included, or taken into account, in computing the particular trust’s income for the subsequent year.

2001, c. 53, s. 251.

1121.10. For the purposes of section 306, paragraph a of section 657 and sections 657.1, 663, 1121.11 and 1121.12 and notwithstanding section 652, each amount that is paid, or that becomes payable, by a trust to a beneficiary after the end of a particular taxation year of the trust that ends on 15 December of a calendar year because of section 1121.7 and before the end of that calendar year is deemed to have been paid or to have become payable, as the case may be, to the beneficiary at the end of the particular taxation year.

2001, c. 53, s. 251.

1121.11. Where an amount is deemed by section 1121.10 to have been paid or to have become payable on 15 December of a calendar year by a trust to a beneficiary who was not a beneficiary under the trust at that time, the following rules apply:

(a)  notwithstanding any other provision of this Act, where the beneficiary did not exist at that time, except for the purposes of this paragraph, the first taxation year of the beneficiary is deemed to include the period that begins at that time and ends immediately before the beginning of the first taxation year of the beneficiary;

(b)  the beneficiary is deemed to exist throughout the period described in paragraph a; and

(c)  where the beneficiary was not a beneficiary under the trust at that time, the beneficiary is deemed to have been a beneficiary under the trust at that time.

2001, c. 53, s. 251.

1121.12. Where a particular amount is designated under this section by a trust in its fiscal return for a particular taxation year that ends on 15 December because of section 1121.7 or throughout which the trust was a mutual fund trust and the trust does not designate an amount in accordance with the first paragraph of sections 663.1 and 663.2 for the particular year, the following rules apply:

(a)  the particular amount shall be added in computing the trust’s income for the particular year; and

(b)  for the purposes of paragraph a of section 657 and sections 657.1 and 663, each portion of the particular amount that is allocated under this paragraph to a beneficiary under the trust in the trust’s fiscal return for the particular year in respect of an amount paid or payable to the beneficiary in the particular year shall be considered to be additional income of the trust for the particular year, determined without reference to paragraph a of section 657 and section 657.1, that was paid or payable, as the case may be, to the beneficiary at the end of the particular year;

(c)  (paragraph repealed).

2001, c. 53, s. 251; 2004, c. 8, s. 200; 2006, c. 13, s. 208.

1121.13. Subject to section 1121.14, the lesser of the amount designated under section 1121.12 by a trust for a taxation year and the aggregate of all amounts each of which is allocated by the trust under paragraph b of section 1121.12 in respect of the year shall be deducted in computing the trust’s income for the subsequent taxation year.

2001, c. 53, s. 251.

1121.14. Section 1121.13 does not apply in computing the income of a trust for a taxation year where it is reasonable to consider that the designation under section 1121.12 for the preceding taxation year was part of a series of transactions or events that includes a change in the composition of beneficiaries under the trust.

2001, c. 53, s. 251.

BOOK V NON-RESIDENT OWNED INVESTMENT CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

1122. A non-resident owned investment corporation is a corporation incorporated in Canada which, throughout the period comprised between 18 June 1971 or the date of its incorporation, if the latter date is later than the first, and the last day of the taxation year for which the expression is relevant, has met the following requirements:

(a)  the aggregate of its issued shares, bonds, debentures and other long-term liabilities

i.  belonged to persons not resident in Canada other than a foreign affiliate of a taxpayer resident in Canada,

ii.  belonged to a trustee who held them for a beneficiary not resident in Canada or for a child to be born to such beneficiary, or

iii.  belonged to another non-resident owned investment corporation whose issued shares, bonds, debentures and other long-term liabilities were those described in subparagraphs i and ii or belonged to two or more corporations of that kind;

(b)  its income, for each taxation year of the period, was derived from

i.  the ownership of or trading in bonds, shares, debentures, bills, notes, hypothecary claims, mortgages or other similar property, or an interest therein,

ii.  lending money, with or without security,

iii.  rents, the leasing of movable property, fees or remuneration from charter-parties, annuities, royalties, interest or dividends,

iv.  a succession or a trust, or

v.  the disposition of capital property;

(c)  not more than 10 per cent of its gross revenue, for each taxation year of the period, was derived from rents, the rental of movable property, fees or remuneration from charter-parties; and

(d)  its principal business did not consist, for each taxation year of the period, in lending money or trading in the property contemplated in subparagraph i of paragraph b or of an interest therein.

1972, c. 23, s. 837; 1996, c. 39, s. 268; 1997, c. 3, s. 71; 1997, c. 14, s. 262; 1998, c. 16, s. 251; 2005, c. 1, s. 281.

1122.1. Notwithstanding section 1122, a corporation is not a non-resident-owned investment corporation in any taxation year that ends after the earlier of,

(a)  the first time after 27 February 2000 at which the corporation effects an increase in capital; and

(b)  the end of the corporation’s last taxation year that begins before 1 January 2003.

For the purposes of subparagraph a of the first paragraph, an increase in capital in respect of a corporation means a transaction, other than a transaction carried out pursuant to an agreement in writing made before 28 February 2000 and referred to in this paragraph as a “specified transaction”, in the course of which the corporation issues additional shares of its capital stock or incurs indebtedness, if the transaction has the effect of increasing the aggregate of the corporation’s liabilities and the fair market value of all the shares of its capital stock to an amount that is substantially greater than that aggregate would have been on 27 February 2000 if all specified transactions had been carried out before that date.

2004, c. 8, s. 201.

1123. A non-resident owned investment corporation qualifies as such for a taxation year only if it meets the prescribed conditions.

1972, c. 23, s. 838; 1976, c. 18, s. 24; 1997, c. 3, s. 71.

1124. Notwithstanding section 1122, a new corporation, within the meaning given to it by section 544, formed by the amalgamation after 18 June 1971, of two or more replaced corporations shall qualify as a corporation contemplated in section 1122 only if the replaced corporations were themselves non-resident owned investment corporations immediately before the amalgamation.

1972, c. 23, s. 839; 1997, c. 3, s. 71.

1125. Except for the purposes of sections 544 and 566 to 568, a non-resident owned investment corporation which would, but for this section, be a Canadian corporation, a taxable Canadian corporation or a private corporation, is nevertheless deemed not to be such a corporation.

1972, c. 23, s. 840; 1973, c. 17, s. 132; 1978, c. 26, s. 213; 1986, c. 19, s. 205; 1997, c. 3, s. 71.

1125.1. If a non-resident-owned investment corporation makes, at a particular time, a valid election for the purposes of subsection 1 of section 134.2 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), a new taxation year of the corporation is deemed to begin at that time.

Where an election to which the first paragraph refers was made, the prescribed form, together with a copy of every document transmitted to the Minister of Revenue of Canada in connection with that election, shall be transmitted to the Minister.

2004, c. 8, s. 202; 2009, c. 5, s. 511.

1126. Except for the purposes of section 1122, the income for a taxation year of a non-resident owned investment corporation having an establishment in Québec at any time during the year must be computed by taking into account only the taxable capital gains and allowable capital losses of the corporation for the year resulting from the disposition of taxable Canadian property within the meaning of section 1095.

1976, c. 18, s. 25; 1997, c. 3, s. 71; 2004, c. 8, s. 203.

1127. The taxable income for a taxation year of the corporation contemplated in section 1126 is its income for the year determined in accordance with the said section from which the corporation may deduct no amount other than that prescribed for the year under section 729 in respect of the disposition of property contemplated in section 1126.

1976, c. 18, s. 25; 1985, c. 25, s. 163; 1997, c. 3, s. 71.

1128. A non-resident owned investment corporation which does not have, at any time in a taxation year, an establishment in Canada and which disposes of a taxable Québec property within the meaning of paragraphs a and b of section 1094 must pay tax for the year at the rate established in subsection 1 of section 771 on the amount by which its taxable capital gains for the year resulting from the disposition of such property exceed the aggregate of its allowable capital losses for the year resulting from the disposition of such property and the net capital losses incurred by it in respect of the disposition of such property during the preceding taxation years and the three taxation years following the taxation year.

However, such tax shall not exceed that which the corporation would have to pay for the year if the expression “taxable Québec property within the meaning of paragraphs a and b of section 1094” contained in the first paragraph were replaced by the expression “taxable Canadian property within the meaning of section 1095” to the extent that such section refers to paragraphs a and b of section 1094.

1976, c. 18, s. 25; 1987, c. 21, s. 86; 1991, c. 8, s. 94; 1992, c. 1, s. 203; 1997, c. 3, s. 71; 2004, c. 8, s. 204.

1129. Except where otherwise provided in this Book, Part I applies, with the necessary modifications, to a non-resident owned investment corporation.

1972, c. 23, s. 842; 1976, c. 18, s. 27; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

PART III.0.0.1 RULES AND DEFINITIONS APPLICABLE TO CERTAIN SPECIAL TAXES

2001, c. 51, s. 204; 2007, c. 12, s. 222.

1129.0.0.1. In Parts III.0.1, III.1 to III.1.0.5, III.1.1, III.1.1.2, III.1.1.3, III.1.1.7, III.10 and III.10.1 to III.10.2, “government assistance” and “non-government assistance” have the meaning assigned by the first paragraph of section 1029.6.0.0.1.

However, an amount of government assistance or non-government assistance referred to in any of Parts III.0.1, III.1 to III.1.0.5, III.1.1, III.1.1.2, III.1.1.3, III.1.1.7, III.10 and III.10.1 to III.10.2, does not include an amount that, in accordance with the second paragraph of section 1029.6.0.0.1, is not government assistance or non-government assistance, as the case may be, for the purposes of the division of Chapter III.1 of Title III of Book IX of Part I to which that Part relates.

In this Part and in Parts III.0.1 to III.2.6, III.6.3, III.6.4, III.7.1 to III.13 and III.15 to III.16,

“filing-due date” has the meaning assigned by section 1;

“fiscal period” has the meaning assigned by Part I;

“individual” has the meaning assigned by section 1;

“person” has the meaning assigned by section 1;

“taxation year” has the meaning assigned by Part I;

“taxpayer” has the meaning assigned by section 1.

2001, c. 51, s. 204; 2002, c. 9, s. 121; 2002, c. 40, s. 232; 2007, c. 12, s. 223; 2009, c. 5, s. 512; 2010, c. 25, s. 197.

1129.0.0.2. If, at a particular time after 21 April 2005, a person or partnership has obtained a benefit or advantage that, for the purpose of computing an amount that a taxpayer is deemed to have paid to the Minister for any given taxation year under a particular provision of Chapter III.1 of Title III of Book IX of Part I other than a provision of any of Divisions II.6 to II.6.0.0.5 of that chapter, or deemed to have overpaid to the Minister in relation to any given taxation year, under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), would have been taken into account in computing a cost, an expenditure or expenses, or the taxpayer’s share of a cost, an expenditure or expenses, if the person or partnership had obtained it, had been entitled to obtain it or could reasonably have expected to obtain it on or before the taxpayer’s filing-due date for the given taxation year or on or before the day that is six months after the end of the fiscal period of a particular partnership of which the taxpayer is a member that ends in the given taxation year, the benefit or advantage is, for the purposes of the Part among Parts III.0.1 to III.0.3, III.1.0.6 to III.1.7, III.7.1 to III.10.10 and III.12.1 that relates to the particular provision,

(a)  if the cost, expenditure or expenses were incurred by the taxpayer, deemed to be an amount relating to the cost, expenditure or expenses that is paid to the taxpayer at that time;

(b)  if the cost, expenditure or expenses were incurred by the particular partnership, deemed to be

i.  an amount relating to the cost, expenditure or expenses that is paid to the particular partnership at that time, when the benefit or advantage was obtained by a partnership or by a person other than a person referred to in subparagraph ii, or

ii.  an amount relating to the cost, expenditure or expenses or relating to the taxpayer’s share of the cost, expenditure or expenses that is paid to the taxpayer at that time, when the benefit or advantage was obtained by the taxpayer or by a person with whom the taxpayer does not deal at arm’s length; and

(c)  if the cost, expenditure or expenses were incurred by any corporation other than the taxpayer, deemed to be an amount relating to the cost, expenditure or expenses that is paid to the corporation at that time.

However, when the first paragraph applies to any of the Parts mentioned in the following subparagraphs, it is to be read as if

(a)  in the case of Part III.0.1, the portion before subparagraph a was read without reference to “or on or before the day that is six months after the end of the fiscal period of a particular partnership of which the taxpayer is a member that ends in the given taxation year”;

(b)  in the case of any of Parts III.0.1, III.7.1 and III.10.2, subparagraph b was replaced by the following subparagraph:

“(b) if the cost, expenditure or expenses were incurred by the particular partnership, deemed to be an amount relating to the cost, expenditure or expenses that is paid to the particular partnership at that time; and”; and

(c)  in the case of Part III.10.2, subparagraph c was replaced by the following subparagraph:

“(c) if the cost, expenditure or expenses were incurred by a person other than the taxpayer or by a partnership other than the particular partnership, deemed to be an amount relating to the cost, expenditure or expenses that is paid to the person or partnership at that time.”

2007, c. 12, s. 224.

1129.0.0.3. If, at a particular time after 21 April 2005, a person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage that, for the purpose of computing an amount that a taxpayer is deemed to have paid to the Minister for any given taxation year under a particular provision of any of Divisions II.6 to II.6.0.0.5 of Chapter III.1 of Title III of Book IX of Part I, would have been taken into account in computing an expenditure or expenses if the person or partnership had obtained it, had been entitled to obtain it or could reasonably have expected to obtain it on or before the taxpayer’s filing-due date for the given taxation year, the benefit or advantage is deemed, for the purposes of the Part among Parts III.1 to III.1.0.5 that relates to the particular provision, to be non-government assistance that the taxpayer has received, is entitled to receive or may reasonably expect to receive, as the case may be, at that particular time.

2007, c. 12, s. 224.

1129.0.0.4. If, at a particular time after 21 April 2005, a person or partnership pays, pursuant to a legal obligation, a particular amount that may reasonably be considered to be the repayment of a benefit or advantage that, for the purpose of computing an amount, in this section referred to as the “credit amount”, that a taxpayer is deemed to have paid to the Minister for any given taxation year under a particular provision of any of Divisions II.6.0.1.7 and II.6.6.1 to II.6.7, as that Division II.6.7 read before being repealed, of Chapter III.1 of Title III of Book IX of Part I, was taken into account in computing an expenditure or the taxpayer’s share of an expenditure, the following rules have effect, where applicable, for the purposes of the Part among Parts III.1.1.7 and III.10.1.2 to III.10.2 that relates to the particular provision:

(a)  if the expenditure was incurred by the taxpayer, the provision of that Part that applies in respect of the repayment by the taxpayer of an amount of government assistance or non-government assistance relating to the expenditure also applies in respect of the repayment of the benefit or advantage as if

i.  the particular amount were an amount paid by the taxpayer at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii.  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the expenditure, was received by the taxpayer;

(b)  if the expenditure was incurred by a particular partnership of which the taxpayer is a member, the provision of that Part that applies in respect of the repayment by the partnership of an amount of government assistance or non-government assistance relating to the expenditure also applies in respect of the repayment of the benefit or advantage as if

i.  the particular amount were an amount paid by the particular partnership at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii.  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the expenditure, was received by the particular partnership;

(c)  if the expenditure was incurred by any corporation other than the taxpayer, the provision of that Part that applies in respect of the repayment by the corporation of an amount of government assistance or non-government assistance relating to the expenditure also applies in respect of the repayment of the benefit or advantage as if

i.  the particular amount were an amount paid by the corporation at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii.  for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the expenditure, was received by the corporation; and

(d)  the assumptions that, because of the application of any of subparagraphs a to c, were made in respect of the benefit or advantage must be taken into account for the purpose of applying, in relation to the taxpayer, the provision to which that subparagraph refers, in respect of the repayment, after that time, of government assistance or non-government assistance or of another benefit or advantage, relating to the expenditure or to such an expenditure.

However, for the purposes of Part III.10.2, subparagraph c of the first paragraph is to be read as follows:

“(c) if the expenditure was incurred by a person other than the taxpayer or by a partnership other than the particular partnership to which subparagraph b refers, the provision of that Part that applies in respect of the repayment by the person or partnership of an amount of government assistance or non-government assistance relating to the expenditure also applies in respect of the repayment of the benefit or advantage as if

i. the particular amount were an amount paid by the person or partnership at that time, pursuant to a legal obligation, as the repayment of non-government assistance referred to in that provision, and

ii. for the purpose of computing the credit amount for the given taxation year, the benefit or advantage had not been treated as a benefit or advantage but as non-government assistance that, in relation to the expenditure, was received by the person or partnership.”

2007, c. 12, s. 224; 2010, c. 25, s. 198.

1129.0.0.4.1. In Parts III.0.1 to III.10.10, the following rules apply in respect of a taxpayer for a taxation year if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the taxpayer and a given partnership for a given fiscal period of the given partnership, and if the taxpayer is deemed to have paid an amount to the Minister for a preceding taxation year under Chapter III.1 of Title III of Book IX of Part I, in respect of a cost, an expenditure or expenses incurred by that given partnership in a fiscal period of that given partnership that precedes the given fiscal period (in this section referred to as the “preceding fiscal period”):

(a)  the taxpayer is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the taxpayer’s taxation year in which ends the fiscal period of the interposed partnership of which the taxpayer is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the taxpayer is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period;

(b)  the agreed proportion in respect of the taxpayer for the given partnership’s given fiscal period is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the taxpayer for the interposed fiscal period of the interposed partnership of which the taxpayer is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period; and

(c)  if, at a particular time in the given fiscal period, an amount relating to a cost, an expenditure or expenses that the given partnership has incurred in the preceding fiscal period is, or is deemed to be under this subparagraph, directly or indirectly, refunded or otherwise paid to an interposed partnership, or allocated to a payment to be made by it, the share in that amount of each of the members of that interposed partnership at the end of the interposed partnership’s interposed fiscal period, that is equal to the agreed proportion of that amount in respect of that member for the interposed partnership’s interposed fiscal period, is deemed to be, at the particular time, so refunded or paid to that member or allocated to a payment to be made by that member.

2009, c. 15, s. 375.

1129.0.0.5. Unless otherwise provided, sections 6 and 17 to 21 apply, with the necessary modifications, to this Part.

2007, c. 12, s. 224.

1129.0.0.6. In every provision of Parts III.0.1, III.0.3, III.1.0.6, III.1.1, III.1.1.1, III.7.1, III.8, III.10.1.1, III.10.1.1.2, III.10.2, III.10.5 to III.10.7, III.10.9 and III.12.1, a reference to any of the repealed divisions of Chapter III.1 of Title III of Book IX of Part I, or to any section of those divisions, is a reference to that division or to that section, as the case may be, as it read for the taxation year concerned.

2007, c. 12, s. 224; 2009, c. 5, s. 513; 2010, c. 5, s. 190; 2010, c. 25, s. 199.

PART III.0.1 SPECIAL TAX RELATING TO VARIOUS SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT TAX CREDITS

1999, c. 83, s. 240.

1129.0.1. In this Part,

“consideration” has the meaning assigned by Division II of Chapter III.1 of Title III of Book IX of Part I;

“contract payment” has the meaning assigned by paragraph c of section 1029.8.17;

“eligible amount” of a corporation for a taxation year has the meaning assigned by the first paragraph of section 1029.8.16.2;

“eligible fee” has the meaning assigned by section 1029.8.9.0.2;

“eligible fee balance” has the meaning assigned by section 1029.8.9.0.2;

“eligible research contract” has the meaning assigned by paragraph a.2 of section 1029.8.1;

“qualified expenditure” has the meaning assigned by paragraph d.1 of section 1029.8.1 or section 1029.8.9.1 or 1029.8.16.1.1, as the case may be;

“scientific research and experimental development” has the meaning assigned by section 1;

“university research contract” has the meaning assigned by paragraph b of section 1029.8.1;

“wages” has the meaning assigned by Division II of Chapter III.1 of Title III of Book IX of Part I.

1999, c. 83, s. 240; 2000, c. 39, s. 222; 2001, c. 51, s. 205; 2002, c. 40, s. 233; 2007, c. 12, s. 225; 2009, c. 5, s. 514.

1129.0.2. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.7, on account of the taxpayer’s tax payable under Part I, in relation to scientific research and experimental development, shall pay the tax computed under the second paragraph for a taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to wages or a portion of a consideration paid in respect of the research and development, or in respect of work relating to the research and development, is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or partnership and the contract payment or assistance would have reduced, in accordance with subparagraph i or ii of subparagraph c of the first paragraph of section 1029.8.18, the amount of a portion of a consideration paid in respect of the research and development, or in respect of work relating to the research and development, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the taxpayer’s filing-due date for the taxation year in which the research and development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.7, in relation to the research and development, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, in relation to the research and development, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to wages or a portion of a consideration paid by the taxpayer in respect of the research and development, or in respect of work relating to the research and development, were refunded, paid or allocated in the taxation year in which the scientific research and experimental development to which the wages or portion of the consideration relate was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or partnership at or before the end of the repayment year, were received in the taxation year in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the research and development.

1999, c. 83, s. 240; 2002, c. 40, s. 234; 2009, c. 5, s. 515.

1129.0.3. Every taxpayer who is a member of a particular partnership and who is deemed to have paid an amount to the Minister, under section 1029.8, on account of the taxpayer’s tax payable under Part I, in relation to scientific research and experimental development, shall pay the tax computed under the second paragraph for the taxation year in which ends a fiscal period of the particular partnership (in this section referred to as the “fiscal period of repayment”) in which

(a)  an amount relating to wages or a portion of a consideration paid in respect of the research and development, or in respect of work relating to the research and development, is, directly or indirectly, refunded or otherwise paid to the particular partnership or taxpayer or allocated to a payment to be made by the particular partnership or taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or another partnership and the contract payment or assistance would have reduced, in accordance with subparagraph i or ii of subparagraph c of the first paragraph of section 1029.8.18, the amount of a portion of a consideration paid in respect of the research and development, or in respect of work relating to the research and development, if the person or the other partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the day that is six months after the end of the particular partnership’s fiscal period in which the research and development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8, in relation to the research and development, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the research and development, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment and if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to wages or a portion of a consideration that the particular partnership paid in respect of the research and development, or in respect of work relating to the research and development, were refunded, paid or allocated in the particular partnership’s fiscal period in which the scientific research and experimental development to which the wages or portion of the consideration relate was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or another partnership at or before the end of the fiscal period of repayment, were received in the particular partnership’s fiscal period in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the research and development, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the particular partnership or allocated to a payment to be made by the particular partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 83, s. 240; 2000, c. 39, s. 223; 2002, c. 40, s. 234; 2006, c. 36, s. 218; 2009, c. 5, s. 516; 2009, c. 15, s. 376.

1129.0.4. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.6, on account of the taxpayer’s tax payable under Part I, in relation to a university research contract or an eligible research contract under which scientific research and experimental development was undertaken, shall pay the tax computed under the second paragraph for a taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to a qualified expenditure paid in respect of the contract is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by an eligible university entity, an eligible public research centre or an eligible research consortium, within the meaning of paragraph f, a.1 or a.1.1 of section 1029.8.1, as the case may be, and the contract payment or assistance would have reduced, in accordance with subparagraph iii of subparagraph c of the first paragraph of section 1029.8.18, all or part of the amount of a qualified expenditure paid in respect of the contract, if the eligible university entity, the eligible public research centre or the eligible research consortium had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the taxpayer’s filing-due date for the taxation year in which the scientific research and experimental development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.6, in relation to the contract, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, in relation to the contract, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to the amount of a qualified expenditure paid by the taxpayer in respect of the contract, were refunded, paid or allocated in the taxation year in which the scientific research and experimental development to which the expenditure relates was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by an eligible university entity, an eligible public research centre or an eligible research consortium, as the case may be, at or before the end of the repayment year, were received in the taxation year in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the contract.

1999, c. 83, s. 240; 2002, c. 40, s. 234; 2009, c. 5, s. 517.

1129.0.5. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.7, on account of the taxpayer’s tax payable under Part I, in relation to a university research contract or an eligible research contract under which scientific research and experimental development was undertaken, shall pay the tax computed under the second paragraph for the taxation year in which ends a fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) in which

(a)  an amount relating to a qualified expenditure paid in respect of the contract is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by an eligible university entity, an eligible public research centre or an eligible research consortium, within the meaning of paragraph f, a.1 or a.1.1 of section 1029.8.1, as the case may be, and the contract payment or assistance would have reduced, in accordance with subparagraph iii of subparagraph c of the first paragraph of section 1029.8.18, all or part of the amount of a qualified expenditure paid in respect of the contract, if the eligible university entity, the eligible public research centre or the eligible research consortium had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the day that is six months after the end of the partnership’s fiscal period in which the scientific research and experimental development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.7, in relation to the contract, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the contract, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment and if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to the amount of a qualified expenditure paid by the partnership in respect of the contract, were refunded, paid or allocated in the partnership’s fiscal period in which the scientific research and experimental development to which the expenditure relates was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by an eligible university entity, an eligible public research centre or an eligible research consortium, as the case may be, at or before the end of the fiscal period of repayment, were received in the partnership’s fiscal period in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the contract, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 83, s. 240; 2000, c. 39, s. 224; 2002, c. 40, s. 234; 2006, c. 36, s. 219; 2009, c. 5, s. 518; 2009, c. 15, s. 377.

1129.0.6. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.9.0.3, on account of the taxpayer’s tax payable under Part I, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to an eligible fee, or an eligible fee balance, of the taxpayer is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.9.0.3, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an eligible fee, or an eligible fee balance, of the taxpayer for a taxation year, were refunded, paid or allocated in that taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year.

1999, c. 83, s. 240; 2001, c. 51, s. 206; 2002, c. 40, s. 235.

1129.0.7. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.9.0.4, on account of the taxpayer’s tax payable under Part I, in relation to the partnership, shall pay the tax referred to in the second paragraph for the taxation year in which a fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to an eligible fee, or an eligible fee balance, of the partnership is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.9.0.4, in relation to the partnership, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the partnership, if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to an eligible fee, or an eligible fee balance, of the partnership for a fiscal period, were refunded, paid or allocated in that fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, in relation to the partnership, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 83, s. 240; 2000, c. 39, s. 225; 2001, c. 51, s. 207; 2002, c. 40, s. 236; 2006, c. 36, s. 220; 2009, c. 15, s. 378.

1129.0.8. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.10 or 1029.8.16.1.4, on account of the taxpayer’s tax payable under Part I, in relation to an agreement under which scientific research and experimental development was undertaken, shall pay the tax computed under the second paragraph for a taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to a qualified expenditure that is made in respect of the agreement is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or partnership and the contract payment or assistance would have reduced, in accordance with subparagraph iv of subparagraph c of the first paragraph of section 1029.8.18, all or part of a qualified expenditure made in respect of the scientific research and experimental development, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the taxpayer’s filing-due date for the taxation year in which the scientific research and experimental development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.10 or 1029.8.16.1.4, in relation to the agreement, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, in relation to the agreement, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to a qualified expenditure made by the taxpayer in respect of the agreement, were refunded, paid or allocated in the taxation year in which the scientific research and experimental development to which the expenditure relates was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by the person or partnership at or before the end of the repayment year, were received in the taxation year in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the agreement.

1999, c. 83, s. 240; 2002, c. 40, s. 237; 2007, c. 12, s. 226; 2009, c. 5, s. 519.

1129.0.9. Every taxpayer who is a member of a particular partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.11 or 1029.8.16.1.5, on account of the taxpayer’s tax payable under Part I, in relation to an agreement under which scientific research and experimental development was undertaken, shall pay the tax computed under the second paragraph for the taxation year in which ends a fiscal period of the particular partnership (in this section referred to as the “fiscal period of repayment”) in which

(a)  an amount relating to a qualified expenditure that is made in respect of the agreement is, directly or indirectly, refunded or otherwise paid to the particular partnership or to the taxpayer or allocated to a payment to be made by the particular partnership or the taxpayer; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or another partnership and the contract payment or assistance would have reduced, in accordance with subparagraph iv of subparagraph c of the first paragraph of section 1029.8.18, all or part of a qualified expenditure made in respect of the scientific research and experimental development, if the person or the other partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the day that is six months after the end of the particular partnership’s fiscal period in which the scientific research and experimental development was undertaken.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.11 or 1029.8.16.1.5, in relation to the agreement, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the agreement, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment and if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to a qualified expenditure made by the particular partnership in respect of the agreement, were refunded, paid or allocated in the particular partnership’s fiscal period in which the scientific research and experimental development to which the expenditure relates was undertaken, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or another partnership at or before the end of the fiscal period of repayment, were received in the particular partnership’s fiscal period in which the scientific research and experimental development to which the contract payment or assistance relates was undertaken; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the agreement, if the agreed proportion in respect of the taxpayer for the particular partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the particular partnership or allocated to a payment to be made by the particular partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 83, s. 240; 2000, c. 39, s. 226; 2002, c. 40, s. 237; 2006, c. 36, s. 221; 2007, c. 12, s. 227; 2009, c. 5, s. 520; 2009, c. 15, s. 379.

1129.0.9.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.16.6, on account of its tax payable under Part I for a particular taxation year, in relation to its eligible amount for that particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to an expenditure included, in whole or in part, in computing the eligible amount is, directly or indirectly, refunded or otherwise paid to the corporation or to a partnership of which it is a member, or allocated to a payment to be made by the corporation or partnership.

The tax to which the first paragraph refers is equal to the amount by which the amount that the corporation is deemed to have paid to the Minister for the particular year under section 1029.8.16.6, in relation to its eligible amount for that particular year, exceeds the total of

(a)  the amount that the corporation would be deemed to have paid to the Minister under that section, for that particular year, if every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to an expenditure included in whole or in part in computing the eligible amount, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section, for a taxation year preceding the repayment year, in relation to the eligible amount.

For the purposes of the second paragraph, an amount referred to in subparagraph a of that paragraph that is refunded or otherwise paid to a partnership of which the corporation is a member or allocated to a payment to be made by that partnership is deemed to be an amount

(a)  that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the repayment year.

2000, c. 39, s. 227; 2001, c. 51, s. 208; 2002, c. 40, s. 238; 2009, c. 15, s. 380.

1129.0.9.2. (Repealed).

2000, c. 39, s. 227; 2001, c. 51, s. 209; 2002, c. 40, s. 239.

1129.0.9.3. (Repealed).

2000, c. 39, s. 227; 2002, c. 40, s. 240.

1129.0.10. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 240; 2002, c. 40, s. 241.

PART III.0.1.1 SPECIAL TAX RELATING TO THE RECAPTURE OF CERTAIN SCIENTIFIC RESEARCH AND EXPERIMENTAL DEVELOPMENT TAX CREDITS

2001, c. 53, s. 252.

1129.0.10.1. In this Part,

“consideration” has the meaning assigned by Division II of Chapter III.1 of Title III of Book IX of Part I;

“disposition” has the meaning assigned by section 248;

“non-arm’s length” has the meaning assigned by Part I;

“proceeds of disposition” has the meaning assigned by section 251;

“qualified expenditure” has the meaning assigned by section 1029.8.9.1 or 1029.8.16.1.1;

“scientific research and experimental development” has the meaning assigned by section 1.

In this Part, for the purpose of determining whether or not a partnership is dealing at arm’s length with a person or another partnership, the partnership is deemed to be a person.

2001, c. 53, s. 252; 2007, c. 12, s. 228.

1129.0.10.2. Every taxpayer who is deemed to have paid an amount to the Minister, under subparagraph c or g of the first paragraph of section 1029.7, on account of the taxpayer’s tax payable under Part I for a particular taxation year shall pay, for a subsequent taxation year, a tax equal to the amount determined in the second paragraph, where

(a)  a particular property is acquired by the taxpayer from a person or partnership in the particular taxation year;

(b)  the cost of the particular property was a portion of the consideration paid by the taxpayer under a contract referred to in one of those subparagraphs;

(c)  the cost of the particular property is included in an amount, a percentage of which can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year; and

(d)  in the subsequent taxation year and after 23 February 1998, the taxpayer begins to use for commercial purposes, or disposes of without having used for commercial purposes, the particular property or another property that incorporates the particular property.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the taxpayer has paid to the Minister under this section for a taxation year preceding the subsequent taxation year, in relation to the particular property:

(a)  the amount that can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year, in relation to the particular property; and

(b)  the product obtained by multiplying the percentage referred to in subparagraph c of the first paragraph by

i.  if the particular property or the other property is disposed of to a person who deals at arm’s length with the taxpayer, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252.

1129.0.10.3. Every taxpayer who is a member of a partnership and is deemed to have paid an amount to the Minister, under subparagraph c or g of the first paragraph of section 1029.8, in respect of that partnership, on account of the taxpayer’s tax payable under Part I for a particular taxation year in which a particular fiscal period of the partnership ends shall pay, for the taxation year in which a subsequent fiscal period ends, a tax equal to the amount determined in the second paragraph, where

(a)  a particular property is acquired by the partnership from a person or partnership in the particular fiscal period;

(b)  the cost of the particular property was a portion of the consideration paid by the partnership under a contract referred to in one of those subparagraphs;

(c)  the cost of the particular property is included in an amount, a percentage of which can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year in which the particular fiscal period ends; and

(d)  in the subsequent fiscal period and after 23 February 1998, the partnership begins to use for commercial purposes, or disposes of without having used for commercial purposes, the particular property or another property that incorporates the particular property.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the taxpayer would have been required to pay to the Minister under this section for a taxation year preceding the taxation year in which the subsequent fiscal period ends, in relation to the particular property, if the taxpayer’s share of the income or loss of the partnership for the fiscal period in which the preceding taxation year ends and the partnership’s income or loss for that fiscal period had been the same as those for the subsequent fiscal period:

(a)  the amount that can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year, in relation to the particular property; and

(b)  the product obtained by multiplying the percentage referred to in subparagraph c of the first paragraph by

i.  if the particular property or the other property is disposed of to a person who deals at arm’s length with the partnership, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252; 2006, c. 36, s. 222.

1129.0.10.4. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.10 or 1029.8.16.1.4, on account of the taxpayer’s tax payable under Part I for a particular taxation year shall pay, for a subsequent taxation year, a tax equal to the amount determined in the second paragraph, where

(a)  a particular property is acquired by the taxpayer from a person or partnership in the particular taxation year;

(b)  the cost of the particular property was a qualified expenditure to the taxpayer;

(c)  the cost of the particular property is included in an amount, a percentage of which can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II.3 or II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year; and

(d)  in the subsequent taxation year and after 23 February 1998, the taxpayer begins to use for commercial purposes, or disposes of without having used for commercial purposes, the particular property or another property that incorporates the particular property.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the taxpayer has paid to the Minister under this section for a taxation year preceding the subsequent taxation year, in relation to the particular property:

(a)  the amount that can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II.3 or II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year, in relation to the particular property; and

(b)  the product obtained by multiplying the percentage referred to in subparagraph c of the first paragraph by

i.  if the particular property or the other property is disposed of to a person who deals at arm’s length with the taxpayer, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252; 2007, c. 12, s. 229.

1129.0.10.5. Every taxpayer who is a member of a partnership and is deemed to have paid an amount to the Minister, under section 1029.8.11 or 1029.8.16.1.5, in respect of that partnership, on account of the taxpayer’s tax payable under Part I for a particular taxation year in which a particular fiscal period of the partnership ends shall pay, for the taxation year in which a subsequent fiscal period ends, a tax equal to the amount determined in the second paragraph, where

(a)  a particular property is acquired by the partnership from a person or partnership in the particular fiscal period;

(b)  the cost of the particular property was a qualified expenditure to the partnership;

(c)  the cost of the particular property is included in an amount, a percentage of which can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II.3 or II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year in which the particular fiscal period ends; and

(d)  in the subsequent fiscal period and after 23 February 1998, the partnership begins to use for commercial purposes, or disposes of without having used for commercial purposes, the particular property or another property that incorporates the particular property.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the taxpayer would have been required to pay to the Minister under this section for a taxation year preceding the taxation year in which the subsequent fiscal period ends, in relation to the particular property, if the taxpayer’s share of the income or loss of the partnership for the fiscal period in which the preceding taxation year ends and the partnership’s income or loss for that fiscal period had been the same as those for the subsequent fiscal period:

(a)  the amount that can reasonably be considered to be included in the amount that the taxpayer is deemed to have paid to the Minister under Division II.3 or II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I for the particular taxation year, in relation to the particular property; and

(b)  the product obtained by multiplying the percentage referred to in subparagraph c of the first paragraph by

i.  if the particular property or the other property is disposed of to a person who deals at arm’s length with the partnership, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252; 2006, c. 36, s. 223; 2007, c. 12, s. 230.

1129.0.10.6. For the purposes of sections 1129.0.10.2 to 1129.0.10.5, the cost of a particular property to a taxpayer shall not exceed the amount paid by the taxpayer to acquire the particular property from a transferor of the particular property and does not include amounts paid by the taxpayer to maintain, modify or transform the particular property.

2001, c. 53, s. 252.

1129.0.10.7. Sections 1129.0.10.2 to 1129.0.10.5, 1129.0.10.8 and 1129.0.10.9 do not apply to a taxpayer or partnership, in this section referred to as the “transferor”, that disposes of a property to a person or partnership that does not deal at arm’s length with the transferor, if the person or partnership acquired the property in circumstances where the cost of the property to the person or partnership would have been an expenditure described in subparagraph iii of subparagraph b or c of the first paragraph of section 230 or an expenditure to which the definition of “qualified expenditure” in section 1029.8.9.1 refers, without reference to paragraph d of section 1029.8.15.1, or in the definition of that expression in the first paragraph of section 1029.8.16.1.1, without reference to paragraph d of section 1029.8.16.1.6.

2001, c. 53, s. 252; 2007, c. 12, s. 231.

1129.0.10.8. A person, in this section referred to as the “purchaser”, shall pay for a particular taxation year a tax equal to the amount determined in the second paragraph, where, at any particular time in the year and after 23 February 1998, the purchaser begins to use for commercial purposes, or disposes of without having used for commercial purposes, a property

(a)  that was acquired by the purchaser in circumstances described in section 1129.0.10.7 or that is another property that incorporates a property acquired in such circumstances; and

(b)  that was first acquired, or that incorporates a property that was first acquired, by a person or partnership, in this section referred to as the “original user”, with which the purchaser did not deal at arm’s length at the time at which the purchaser acquired the property, in the original user’s taxation year or fiscal period that includes the particular time, on the assumption that the original user had such a taxation year or fiscal period, or in any of the original user’s preceding taxation years or fiscal periods.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the purchaser has paid to the Minister under this section for a taxation year preceding the particular taxation year, in relation to the property:

(a)  the amount

i.  included in the amount that the original user is deemed to have paid to the Minister under any of Divisions II, II.3 and II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I, in relation to the property, or

ii.  where the original user is a partnership, that can reasonably be considered to be included in the amount that a taxpayer is deemed to have paid to the Minister under any of sections 1029.8, 1029.8.11 and 1029.8.16.1.5, in relation to the property; and

(b)  the product obtained by multiplying the percentage that was applied by the original user in determining the amount referred to in subparagraph a by

i.  if the property or the other property is disposed of to a person who deals at arm’s length with the purchaser, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252; 2007, c. 12, s. 232.

1129.0.10.9. Every taxpayer who is a member of a particular partnership at the end of a particular fiscal period of the partnership shall pay, for the taxation year in which the particular fiscal period ends, a tax equal to the amount determined in the second paragraph, where, at any particular time in the particular fiscal period and after 23 February 1998, the particular partnership begins to use for commercial purposes, or disposes of without having used for commercial purposes, a property

(a)  that was acquired by the particular partnership in circumstances described in section 1129.0.10.7 or that is another property that incorporates a property acquired in such circumstances; and

(b)  that was first acquired, or that incorporates a property that was first acquired, by a person or partnership, in this section referred to as the “original user”, with which the particular partnership did not deal at arm’s length at the time at which the particular partnership acquired the property, in the original user’s taxation year or fiscal period that includes the particular time, on the assumption that the original user had such a taxation year or fiscal period, or in any of the original user’s preceding taxation years or fiscal periods.

The amount to which the first paragraph refers is the amount by which the lesser of the following amounts exceeds any amount of tax that the taxpayer would have been required to pay to the Minister under this section for a taxation year preceding the taxation year in which the particular fiscal period ends, in relation to the property, if the taxpayer’s share of the income or loss of the particular partnership for the fiscal period in which the preceding taxation year ends and the particular partnership’s income or loss for that fiscal period had been the same as those for the particular fiscal period:

(a)  the amount

i.  included in the amount that the original user is deemed to have paid to the Minister under any of Divisions II, II.3 and II.3.0.1 of Chapter III.1 of Title III of Book IX of Part I, in relation to the property, or

ii.  where the original user is a partnership, that can reasonably be considered to be included in the amount that a taxpayer is deemed to have paid to the Minister under any of sections 1029.8, 1029.8.11 and 1029.8.16.1.5, in relation to the property; and

(b)  the product obtained by multiplying the percentage that was applied by the original user in determining the amount referred to in subparagraph a by

i.  if the property or the other property is disposed of to a person who deals at arm’s length with the particular partnership, the proceeds of disposition of that property, or

ii.  in any other case, the fair market value of the particular property or the other property at the time it begins to be used for commercial purposes or is disposed of.

2001, c. 53, s. 252; 2006, c. 36, s. 224; 2007, c. 12, s. 233.

1129.0.10.10. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 53, s. 252.

PART III.0.2 SPECIAL TAX RELATING TO THE CREDIT FOR TECHNOLOGICAL ADAPTATION SERVICES

2000, c. 39, s. 228.

1129.0.11. In this Part, “qualified expenditure” has the meaning assigned by section 1029.8.21.17.

2000, c. 39, s. 228; 2001, c. 51, s. 228; 2007, c. 12, s. 234.

1129.0.12. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.21.22, on account of its tax payable under Part I for a particular taxation year, in relation to a qualified expenditure incurred in the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to an expenditure included in computing the qualified expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.21.22 or 1029.8.21.26, in relation to the qualified expenditure, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.21.22 or 1029.8.21.26, in relation to the qualified expenditure, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an expenditure included in computing the qualified expenditure were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified expenditure.

2000, c. 39, s. 228; 2002, c. 40, s. 242.

1129.0.13. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.21.23, on account of its tax payable under Part I for a particular taxation year, in relation to a qualified expenditure incurred by the partnership in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to an expenditure included in computing the qualified expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.21.23, 1029.8.21.27 and 1029.8.21.28, in relation to the qualified expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.21.23, 1029.8.21.27 and 1029.8.21.28, for a taxation year, in relation to the qualified expenditure, if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to an expenditure included in computing the qualified expenditure, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the qualified expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2000, c. 39, s. 228; 2002, c. 40, s. 242; 2006, c. 36, s. 225; 2009, c. 15, s. 381.

1129.0.14. For the purposes of Part I, except for Division II.4.2 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a corporation at any time, under section 1129.0.12, in relation to a qualified expenditure is deemed to be an amount of assistance repaid by the corporation at that time in respect of that expenditure, pursuant to a legal obligation to do so; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.0.13, in relation to a qualified expenditure is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of that expenditure, pursuant to a legal obligation to do so.

2000, c. 39, s. 228.

1129.0.15. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 228.

PART III.0.3 SPECIAL TAX RELATING TO E-COMMERCE SOLUTIONS

2001, c. 51, s. 210.

1129.0.16. In this Part,

“e-commerce solution” has the meaning assigned by the first paragraph of section 1029.8.21.32;

“eligible e-commerce solution” has the meaning assigned by section 1029.8.21.32;

“eligible production expenditure” has the meaning assigned by the first paragraph of section 1029.8.21.32;

“production expenditure” has the meaning assigned by the first paragraph of section 1029.8.21.32.

2001, c. 51, s. 210; 2007, c. 12, s. 304.

1129.0.17. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.21.42 or 1029.8.21.44, on account of its tax payable under Part I, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, if

(a)  an amount relating to an expenditure included in an eligible production expenditure of the corporation is, in the repayment year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  an amount relating to an expenditure included in an eligible production expenditure of a partnership of which the corporation is a member and in respect of which the corporation is so deemed to have paid an amount under section 1029.8.21.44 is, in the fiscal period of the partnership that ends in the repayment year, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.21.42, or an amount it would be deemed to have paid to the Minister for a particular taxation year under section 1029.8.21.44, in relation to a partnership of which the corporation is a member at the end of the partnership’s fiscal period that ends in the repayment year, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the particular year were the same as that for the partnership’s fiscal period that ends in the repayment year, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister,

i.  under section 1029.8.21.42, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an expenditure included in an eligible production expenditure of the corporation for a taxation year, were refunded, paid or allocated in the taxation year, or

ii.  under section 1029.8.21.44, for a particular taxation year, in relation to a partnership of which the corporation is a member at the end of the partnership’s fiscal period that ends in the repayment year, in this subparagraph referred to as the “fiscal period of repayment”, if

(1)  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to an expenditure included in an eligible production expenditure of the partnership for a fiscal period, were refunded, paid or allocated in the fiscal period, and

(2)  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the particular taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the repayment year, if the agreed proportion in respect of the corporation for a partnership’s fiscal period that ends in the preceding taxation year were the same as that for the partnership’s fiscal period that ends in the repayment year.

For the purposes of subparagraph a of the second paragraph, an amount that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, in relation to an expenditure included in an eligible production expenditure of a partnership of which the corporation is a member at the end of the partnership’s fiscal period that ends in the repayment year, is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the repayment year.

2001, c. 51, s. 210; 2002, c. 40, s. 243; 2006, c. 36, s. 226; 2007, c. 12, s. 235; 2009, c. 15, s. 382.

1129.0.18. For the purposes of section 1129.0.17, the amount determined in the second paragraph, in relation to a particular expenditure that is included in the eligible production expenditure of a corporation for a particular taxation year in respect of an eligible e-commerce solution, is deemed to be refunded to the corporation in its taxation year that includes 1 April 2003, in this section referred to as the “repayment year”, if

(a)  the eligible e-commerce solution ceased to be eligible, for all or part of the particular year, as the case may be, because the conditions set out in paragraphs a and b of the definition of “eligible e-commerce solution” in the first paragraph of section 1029.8.21.32 had not been satisfied or had not again been satisfied, as the case may be, in respect of the corporation, on or before 31 March 2003; or

(b)  application software, the cost of which is a production expenditure that is included in the eligible production expenditure, or may reasonably be attributed to the portion of a consideration that is included in computing the eligible production expenditure, was not integrated into the eligible e-commerce solution before 1 April 2003.

The amount to which the first paragraph refers is equal to,

(a)  in the case provided for in subparagraph a of the first paragraph, the amount by which the portion of the particular expenditure that may reasonably be attributed to the portion of the particular year for which the eligible e-commerce solution ceased to be eligible, exceeds the aggregate of all amounts each of which is an amount that relates to the portion of the particular expenditure that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation; or

(b)  in the case provided for in subparagraph b of the first paragraph, the amount by which the portion of the particular expenditure that may reasonably be attributed to the cost of application software, unless the portion is included in computing an amount that is deemed to be refunded under subparagraph a, exceeds the aggregate of all amounts each of which is an amount that relates to the portion of the particular expenditure that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation.

No tax is payable for a taxation year under section 1129.0.17 in respect of any amount that is refunded or otherwise paid to the corporation, or is allocated to a payment to be made by the corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in the taxation year or a preceding taxation year.

2001, c. 51, s. 210; 2002, c. 40, s. 243.

1129.0.19. (Repealed).

2001, c. 51, s. 210; 2002, c. 40, s. 244.

1129.0.20. For the purposes of section 1129.0.17, the amount determined in the second paragraph, in relation to a particular expenditure that is included in the eligible production expenditure of a partnership of which a corporation is a member for a particular fiscal period in respect of an eligible e-commerce solution, is deemed to be refunded to the partnership in its fiscal period that includes 1 April 2003, in this section referred to as the “fiscal period of repayment”, if

(a)  the eligible e-commerce solution ceased to be eligible, for all or part of the particular fiscal period, as the case may be, because the conditions set out in paragraphs a and b of the definition of “eligible e-commerce solution” in the first paragraph of section 1029.8.21.32 had not been satisfied or had not again been satisfied, as the case may be, in respect of the partnership, on or before 31 March 2003; or

(b)  application software, the cost of which is a production expenditure that is included in the eligible production expenditure, or may reasonably be attributed to the portion of a consideration that is included in computing the eligible production expenditure, was not integrated into the eligible e-commerce solution before 1 April 2003.

The amount to which the first paragraph refers is equal to,

(a)  in the case provided for in subparagraph a of the first paragraph, the amount by which the portion of the particular expenditure that may reasonably be attributed to the portion of the particular fiscal period for which the eligible e-commerce solution ceased to be eligible, exceeds the aggregate of all amounts each of which is an amount that relates to the portion of the particular expenditure that, in a fiscal period preceding the fiscal period of repayment but subsequent to the particular fiscal period, was refunded, otherwise paid or allocated to a payment to be made by the partnership or corporation; or

(b)  in the case provided for in subparagraph b of the first paragraph, the amount by which the portion of the particular expenditure that may reasonably be attributed to the cost of application software, unless the portion is included in computing an amount that is deemed to be refunded under subparagraph a, exceeds the aggregate of all amounts each of which is an amount that relates to the portion of the particular expenditure that, in a fiscal period preceding the fiscal period of repayment but subsequent to the particular fiscal period, was refunded, otherwise paid or allocated to a payment to be made by the partnership or corporation.

For the purposes of the second paragraph, an amount that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, in relation to the portion of a particular expenditure, is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership, or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the proportion that the income or loss of the partnership for the fiscal period of repayment is of the corporation’s share of that income or loss, on the assumption that, if the partnership’s income and loss for that fiscal period are nil, the partnership’s income is equal to $1,000,000.

No tax is payable for a taxation year under section 1129.0.17 in respect of any amount that is refunded or otherwise paid to the partnership or corporation, or is allocated to a payment to be made by the partnership or corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in a fiscal period of the partnership that ends in the taxation year or in a preceding taxation year.

2001, c. 51, s. 210; 2002, c. 40, s. 245.

1129.0.21. For the purposes of Part I,

(a)  tax paid to the Minister by a corporation at any time, under section 1129.0.17, in relation to an expenditure that is included in an eligible production expenditure of the corporation, is deemed to be an amount of assistance repaid by the corporation at that time in respect of that expenditure, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.0.17, in relation to an expenditure that is included in an eligible production expenditure of a partnership of which the corporation is a member, is deemed to be an amount of assistance repaid by that partnership at that time in respect of that expenditure, pursuant to a legal obligation.

2001, c. 51, s. 210; 2002, c. 40, s. 246; 2009, c. 15, s. 383.

1129.0.22. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 210.

PART III.1 SPECIAL TAX IN RESPECT OF QUÉBEC FILM PRODUCTIONS

1992, c. 1, s. 204.

BOOK I DEFINITIONS

1992, c. 1, s. 204.

1129.1. In this Part,

“computer-aided special effects and animation expenditure” has the meaning assigned by section 1029.8.34;

“expenditure for services rendered outside the Montréal area” has the meaning assigned by section 1029.8.34;

“qualified computer-aided special effects and animation expenditure” has the meaning assigned by section 1029 8.34;

“qualified expenditure for services rendered outside the Montréal area” has the meaning assigned by section 1029.8.34;

“qualified labour expenditure” has the meaning assigned by section 1029.8.34;

“Québec film production” has the meaning assigned by the first paragraph of section 1029.8.34;

“regional corporation” has the meaning assigned by the first paragraph of section 1029.8.34;

“regional production” has the meaning assigned by the first paragraph of section 1029.8.34.

1992, c. 1, s. 204; 1993, c. 64, s. 186; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 1999, c. 83, s. 241; 2001, c. 51, s. 211; 2002, c. 40, s. 247; 2005, c. 23, s. 240; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF THE TAX

1992, c. 1, s. 204.

1129.2. Any corporation that is deemed, under section 1029.8.35, to have paid to the Minister an amount as partial payment of its tax payable for any given taxation year under Part I, in respect of a property that is a Québec film production, shall pay tax, for a particular taxation year, equal to the aggregate of

(a)  the amount by which the aggregate of all amounts each of which is an amount it is deemed, under the said section 1029.8.35, to have so paid to the Minister in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is tax the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year, where

i.  the property ceases, in the particular year, to be considered as a Québec film production by reason of the fact that the favourable advance ruling issued by the Société de développement des entreprises culturelles in respect of the property, ceases to be in force at that time and that no certificate is issued by the Société in respect of the property, or of the fact that the certificate issued by the Société in respect of the property is revoked at that time, or

ii.  the particular year is the first year for which subparagraph b of the third paragraph of section 1029.8.35 applies in respect of the property or, where applicable, would have been such first year had the qualified expenditure for services rendered outside the Montréal area, qualified computer-aided special effects and animation expenditure or qualified labour expenditure of the corporation for the particular year in respect of the property not been nil;

(a.1)  where the situations described in subparagraphs i and ii of subparagraph a are not encountered in the particular year in relation to the property nor have been in any preceding taxation year and the corporation ceases in the particular year to be recognized as a qualified corporation not dealing at arm’s length with another corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission because the Société de développement des entreprises culturelles revokes in the particular year the qualification certificate referred to in paragraph a.3 of the definition of “qualified corporation” in the first paragraph of section 1029.8.34 that was issued to the corporation, for any given taxation year, the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.35 in respect of the property for the given taxation year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for the given taxation year; and

(b)  (subparagraph repealed);

(c)  where the situations described in subparagraphs i and ii of subparagraph a or in subparagraph a.1 are not encountered in the particular year in relation to the property and the situations described in those subparagraphs i and ii have not been encountered in any preceding taxation year, the amount determined in respect of the corporation under the second paragraph in cases where

i.  in computing the amount determined under subparagraph ii of paragraph a or subparagraph i of paragraph b of the definitions of “qualified computer-aided special effects and animation expenditure”, “qualified expenditure for services rendered outside the Montréal area” and “qualified labour expenditure” in the first paragraph of section 1029.8.34, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year must be taken into account, for or from the particular year in respect of the property, and the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation in a taxation year preceding the particular year,

ii.  an amount relating to an expenditure included in a qualified expenditure for services rendered outside the Montréal area, qualified computer-aided special effects and animation expenditure or qualified labour expenditure in respect of the property, or relating to production costs directly attributable to the production of the property, other than an amount of assistance to which subparagraph i applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation,

iii.  the corporation ceases, in the particular year, to be considered as a regional corporation by reason of the fact that the Société de développement des entreprises culturelles revokes, in the particular year, the certificate issued to the corporation for any year and certifying that it qualifies for the purposes of subparagraph a.1 of the first paragraph of section 1029.8.35,

iv.  an amount relating to an expenditure for services rendered outside the Montréal area ceases, in the particular year, to be considered as attributable to services rendered in any year outside the Montréal area in relation to a regional production, by reason of a revocation by the Société de développement des entreprises culturelles, that relates to that amount indicated, by budgetary item, on a document enclosed with the advance ruling given or the certificate issued to the corporation in relation to the property,

v.  an amount relating to a computer-aided special effects and animation expenditure ceases, in the particular year, to be considered as attributable to an amount paid in any year for activities related to computer-aided special effects and animation, by reason of a revocation by the Société de développement des entreprises culturelles, that relates to that amount indicated, by budgetary item, on a document enclosed with the advance ruling given or the certificate issued to the corporation in relation to the property, or

vi.  the property ceases, in the particular year, to be considered as a production that receives no amount of financial assistance granted by a public body because the Société de développement des entreprises culturelles revokes, in the particular year, the certificate issued to the corporation in respect of the property for the purposes of subparagraph c of the first paragraph of section 1029.8.35, or assistance referred to in any of subparagraphs ii to viii.1 of subparagraph c of the second paragraph of section 1029.6.0.0.1 is granted, in the particular year, in respect of the property;

(d)  (subparagraph repealed).

The amount to which subparagraph c of the first paragraph refers, in respect of a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.35, in respect of the property, for the particular year or for a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.35, in respect of the property for the particular year or for a preceding taxation year, if

i.  where subparagraph i of subparagraph c of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation,

ii.  where subparagraph ii of subparagraph c of the first paragraph applies, any amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the expenditure or costs to which the amount is attributable were incurred,

iii.  where subparagraph iii of subparagraph c of the first paragraph applies, the amount that it is deemed to have paid to the Minister under subparagraph a.1 of the first paragraph of section 1029.8.35, in respect of the property, had been equal to zero for the taxation year in respect of which the certificate is revoked,

iv.  where subparagraph iv or v of subparagraph c of the first paragraph applies, the amount had not been indicated for the year referred to in any of those subparagraphs on the document that the Société de développement des entreprises culturelles had then enclosed with the advance ruling given or the certificate issued to the corporation in relation to the property, and

v.  where subparagraph vi of subparagraph c of the first paragraph applies, the amount that it is deemed to have paid to the Minister in respect of the property under subparagraph c of the first paragraph of section 1029.8.35 had been equal to zero for a taxation year preceding the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in respect of the property, for a taxation year preceding the particular year.

Furthermore, where applicable, the corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

1992, c. 1, s. 204; 1994, c. 21, s. 50; 1995, c. 1, s. 199; 1997, c. 3, s. 71; 1997, c. 14, s. 263; 1997, c. 31, s. 133; 1997, c. 85, s. 301; 1999, c. 83, s. 242; 2000, c. 39, s. 229; 2001, c. 51, s. 212; 2005, c. 23, s. 241; 2005, c. 38, s. 307; 2007, c. 12, s. 236; 2009, c. 15, s. 384; 2010, c. 5, s. 191; 2010, c. 25, s. 200.

BOOK III MISCELLANEOUS PROVISIONS

1992, c. 1, s. 204.

1129.3. The tax paid, at any time in a taxation year, by a corporation to the Minister under this Part in respect of property is deemed, for the purposes of Part I, except section 1029.8.34, to be assistance repaid by it at that time in respect of the property pursuant to a legal obligation to repay all or any part of that assistance.

1992, c. 1, s. 204; 1994, c. 22, s. 343; 1997, c. 3, s. 71.

1129.4. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1992, c. 1, s. 204; 1993, c. 19, s. 143; 1993, c. 64, s. 187; 1995, c. 49, s. 236; 1995, c. 63, s. 261.

PART III.1.0.1 SPECIAL TAX RELATING TO THE CREDIT FOR FILM DUBBING

1999, c. 83, s. 243.

1129.4.0.1. In this Part,

“qualified film dubbing expenditure” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.0.0.1;

“qualified production” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.1.

1999, c. 83, s. 243; 2001, c. 51, s. 228; 2007, c. 12, s. 304.

1129.4.0.2. Every corporation that, in relation to the production of a property that is a qualified production, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.2, on account of its tax payable under Part I for any taxation year shall pay, for a particular taxation year, a tax equal to

(a)  the amount by which the aggregate of all amounts each of which is tax that the corporation is deemed to have so paid to the Minister, under that section 1029.8.36.0.0.2, in respect of the production of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is tax that the corporation is required to pay under this Part in respect of the production of the property for a year preceding the particular year, where the Société de développement des entreprises culturelles revokes in the particular year a certificate it has issued to the corporation in respect of the property; or

(b)  where subparagraph a does not apply in the particular year or in any preceding taxation year, in relation to the production of the property, the amount determined in respect of the corporation under the second paragraph where

i.  in computing the amount determined under subparagraph ii of paragraph a of the definition of “qualified film dubbing expenditure” in the first paragraph of section 1029.8.36.0.0.1, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for or from the particular year in respect of the production of the property, and the expenditure to which the assistance is attributable or relates was incurred by the corporation in a taxation year preceding the particular year, or

ii.  an amount relating to an expenditure included in a qualified film dubbing expenditure in respect of the property, other than the amount of an assistance to which subparagraph i applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The amount to which subparagraph b of the first paragraph refers, in relation to a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.2, in respect of the production of the property for the particular year or for a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.0.0.2, in respect of the property for the particular year or for a preceding taxation year, if

i.  where subparagraph i of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure to which the assistance is attributable or relates was incurred by the corporation, and

ii.  where subparagraph ii of subparagraph b of the first paragraph applies, every amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the expenditure to which that amount is attributable was incurred; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in respect of the property, for a taxation year preceding the particular year.

Furthermore, where applicable, a corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

1999, c. 83, s. 243; 2004, c. 21, s. 450; 2007, c. 12, s. 237; 2010, c. 25, s. 201.

1129.4.0.3. The tax paid to the Minister by a corporation at any time in a taxation year under this Part in relation to the production of a property that is a qualified production is deemed, for the purposes of Part I, except section 1029.8.36.0.0.1, to be an amount of assistance repaid by the corporation at that time in respect of the production of the property pursuant to a legal obligation to repay all or any part of that amount of assistance.

1999, c. 83, s. 243.

1129.4.0.4. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 243.

PART III.1.0.2 SPECIAL TAX RELATING TO THE FILM PRODUCTION SERVICES CREDIT

1999, c. 83, s. 243.

1129.4.0.5. In this Part, “computer-aided special effects and animation expenditure”, “eligible production costs”, “labour cost attributable to computer-aided special effects and animation”, “qualified computer-aided special effects and animation expenditure”, “qualified labour cost attributable to computer-aided special effects and animation”, “qualified labour expenditure”, “qualified low-budget production”, and “qualified production” have the meaning assigned by section 1029.8.36.0.0.4.

1999, c. 83, s. 243; 2001, c. 51, s. 228; 2005, c. 23, s. 242; 2007, c. 12, s. 304; 2010, c. 25, s. 202.

1129.4.0.6. Every corporation that, in relation to a property that is a qualified production or a qualified low-budget production, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.5, on account of its tax payable under Part I for any given taxation year shall pay, for a particular taxation year, a tax equal to

(a)  the amount by which the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year is exceeded by the aggregate of all amounts each of which is an amount that the corporation is deemed, under section 1029.8.36.0.0.5, to have so paid to the Minister in respect of the property for a year preceding the particular year, where the property ceases, in the particular year, to be considered as a qualified production or a qualified low-budget production because the favourable advance ruling given in respect of the property by the Société de développement des entreprises culturelles is revoked at that time;

(a.1)  where subparagraph a does not apply in the particular year or in a preceding taxation year, in relation to the property, and the corporation ceases in the particular year to be recognized as a qualified corporation not dealing at arm’s length with another corporation that holds a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission because the Société de développement des entreprises culturelles revokes in the particular year the qualification certificate referred to in paragraph f of the definition of “excluded corporation” in the first paragraph of section 1029.8.36.0.0.4 that was issued to the corporation, for any given taxation year, the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.5 in respect of the property for the given taxation year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for the given taxation year; and

(b)  where subparagraphs a and a.1 do not apply in the particular year, in relation to the property, and subparagraph a does not apply in a preceding taxation year, in relation to the property, the amount determined in respect of the corporation under the second paragraph where

i.  in computing the amount determined under paragraph b of the definitions of “qualified computer-aided special effects and animation expenditure” and “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.0.4, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for or from the particular year in respect of the property, and the expenditure to which the assistance is attributable or relates was incurred by the corporation in a taxation year preceding the particular year,

i.1.  in computing the amount determined under the fourth or fifth paragraph of section 1029.8.36.0.0.4, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for the particular year in respect of the property, and the costs to which the assistance is attributable or relates were incurred by the corporation in a taxation year preceding the particular year,

ii.  an amount relating to an expenditure included in the qualified labour cost attributable to computer-aided special effects and animation, a qualified computer-aided special effects and animation expenditure, a qualified labour expenditure or eligible production costs in respect of the property, other than the amount of assistance to which subparagraph i or i.1 applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, or

iii.  an amount relating to the labour cost attributable to computer-aided special effects and animation or to a computer-aided special effects and animation expenditure ceases, in the particular year, to be considered as attributable to an amount paid in any year for activities related to computer-aided special effects and animation, by reason of a revocation by the Société de développement des entreprises culturelles, that relates to that amount indicated, by budgetary item, on a document enclosed with the advance ruling given to the corporation in relation to the property.

The amount to which subparagraph b of the first paragraph refers, in relation to a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.5 in respect of the property for the particular year or a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.0.0.5 in respect of the property for the particular year or for a preceding taxation year if

i.  where subparagraph i of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure to which the assistance is attributable or relates was incurred by the corporation,

i.1.  where subparagraph i.1 of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i.1 had been received by the corporation, the other person or the partnership in the year during which the costs to which the assistance is attributable or relates were incurred by the corporation,

ii.  where subparagraph ii of subparagraph b of the first paragraph applies, any amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the costs or expenditure to which the amount is attributable were incurred, and

iii.  where subparagraph iii of subparagraph b of the first paragraph applies, the amount had not been indicated for the year referred to in that subparagraph iii on the document that the Société de développement des entreprises culturelles had enclosed at that time with the advance ruling given to the corporation in relation to the property; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year.

Furthermore, where applicable, the corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

1999, c. 83, s. 243; 2005, c. 23, s. 243; 2005, c. 38, s. 308; 2007, c. 12, s. 238; 2009, c. 15, s. 385; 2010, c. 5, s. 192; 2010, c. 25, s. 203.

1129.4.0.7. The tax paid to the Minister by a corporation at any time in a taxation year under this Part in relation to a property that is a qualified production or a qualified low-budget production is deemed, for the purposes of Part I, except section 1029.8.36.0.0.4, to be an amount of assistance repaid by the corporation at that time in respect of the property pursuant to a legal obligation to repay all or any part of the amount of assistance.

1999, c. 83, s. 243.

1129.4.0.8. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 243.

PART III.1.0.3 SPECIAL TAX RELATING TO THE CREDIT FOR THE PRODUCTION OF SOUND RECORDINGS

2000, c. 39, s. 230.

1129.4.0.9. In this Part,

“qualified labour expenditure” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.0.0.7;

“qualified property” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.7.

2000, c. 39, s. 230; 2001, c. 51, s. 228; 2007, c. 12, s. 239.

1129.4.0.10. Every corporation that, in relation to the production of a property that is a qualified property, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.8, on account of its tax payable under Part I for any taxation year shall pay, for a particular taxation year, a tax equal to

(a)  the amount by which the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the production of the property for a taxation year preceding the particular year is exceeded by the aggregate of all amounts each of which is an amount that the corporation is deemed, under section 1029.8.36.0.0.8, to have so paid to the Minister in respect of the production of the property for a year preceding the particular year, where the property ceases, in the particular year, to be considered as a qualified property by reason of the fact that the favourable advance ruling given by the Société de développement des entreprises culturelles in respect of the property ceases to be in force at that time and that no certificate is issued by the Société in respect of the property, or of the fact that the certificate issued by the Société in respect of the property is revoked at that time; and

(b)  where subparagraph a does not apply in the particular year or in a preceding taxation year, in relation to the production of the property, the amount determined in respect of the corporation under the second paragraph where

i.  in computing the amount determined under subparagraph ii of paragraph a or subparagraph i of paragraph b of the definition of “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.0.7, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for or from the particular year in respect of the production of the property, and the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation in a taxation year preceding the particular year, or

ii.  an amount relating to an expenditure included in a qualified labour expenditure in respect of the property, or to production costs directly attributable to the production of the property, other than an amount of assistance to which subparagraph i applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The amount to which subparagraph b of the first paragraph refers, in relation to a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.8 in respect of the production of the property for the particular year or a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.0.0.8 in respect of the property for the particular year or for a preceding taxation year if

i.  where subparagraph i of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation, and

ii.  where subparagraph ii of subparagraph b of the first paragraph applies, any amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the expenditure or costs to which the amount is attributable were incurred; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year.

Furthermore, where applicable, every corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

2000, c. 39, s. 230; 2005, c. 23, s. 244; 2007, c. 12, s. 240; 2010, c. 25, s. 204.

1129.4.0.11. For the purposes of Part I, except for Division II.6.0.0.3 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under section 1129.4.0.10, in relation to an expenditure that is included in a qualified labour expenditure of the corporation, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property, pursuant to a legal obligation to repay all or any part of that amount of assistance.

2000, c. 39, s. 230; 2001, c. 51, s. 213.

1129.4.0.12. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 230.

PART III.1.0.4 SPECIAL TAX RELATING TO THE CREDIT FOR THE PRODUCTION OF PERFORMANCES

2000, c. 39, s. 230; 2003, c. 9, s. 388.

1129.4.0.13. In this Part,

“qualified labour expenditure” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.0.0.10;

“qualified performance” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.10.

2000, c. 39, s. 230; 2001, c. 51, s. 228; 2007, c. 12, s. 304.

1129.4.0.14. Every corporation that, in relation to the production of a property that is a qualified performance, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.11, on account of its tax payable under Part I for any taxation year shall pay, for a particular taxation year, a tax equal to

(a)  the amount by which the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the production of the property for a taxation year preceding the particular year is exceeded by the aggregate of all amounts each of which is an amount that the corporation is deemed, under section 1029.8.36.0.0.11, to have so paid to the Minister in respect of the production of the property for a year preceding the particular year, where the property ceases, in the particular year, to be considered as a qualified performance by reason of the fact that the favourable advance ruling given by the Société de développement des entreprises culturelles in respect of the property ceases to be in force at that time and that no certificate is issued by the Société in respect of the property, or of the fact that the certificate issued by the Société in respect of the property is revoked at that time; and

(b)  where subparagraph a does not apply in the particular year or in a preceding taxation year, in relation to the production of the property, the amount determined in respect of the corporation under the second paragraph where

i.  in computing the amount determined under subparagraph ii of paragraph a or subparagraph i of paragraph b of the definition of “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.0.10, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for or from the particular year in respect of the production of the property, and the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation in a taxation year preceding the particular year, or

ii.  an amount relating to an expenditure included in a qualified labour expenditure in respect of the property or to the production costs directly attributable to the production of the property, other than an amount of assistance to which subparagraph i applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The amount to which subparagraph b of the first paragraph refers, in relation to a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.11 in respect of the production of the property for the particular year or a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.0.0.11 in respect of the property for the particular year or for a preceding taxation year if

i.  where subparagraph i of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation, and

ii.  where subparagraph ii of subparagraph b of the first paragraph applies, any amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the expenditure or costs to which the amount is attributable were incurred; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year.

Furthermore, where applicable, every corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

2000, c. 39, s. 230; 2005, c. 23, s. 245; 2007, c. 12, s. 241; 2010, c. 25, s. 205.

1129.4.0.15. For the purposes of Part I, except for Division II.6.0.0.4 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under section 1129.4.0.14, in relation to an expenditure that is included in a qualified labour expenditure of the corporation, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property, pursuant to a legal obligation to do so.

2000, c. 39, s. 230.

1129.4.0.16. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 230.

PART III.1.0.5 SPECIAL TAX RELATING TO THE CREDIT FOR BOOK PUBLISHING

2001, c. 51, s. 214.

1129.4.0.17. In this Part, “eligible group of works”, “eligible work”, “qualified labour expenditure attributable to preparation costs” and “qualified labour expenditure attributable to printing and reprinting costs” have the meaning assigned by section 1029.8.36.0.0.13.

2001, c. 51, s. 214; 2005, c. 23, s. 246; 2007, c. 12, s. 304; 2010, c. 25, s. 206.

1129.4.0.18. Every corporation that, in relation to a property that is an eligible work or an eligible group of works, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.14, on account of its tax payable under Part I for any taxation year shall pay, for a particular taxation year, a tax equal to

(a)  the amount by which the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year is exceeded by the aggregate of all amounts each of which is an amount that the corporation is deemed, under section 1029.8.36.0.0.14, to have so paid to the Minister in respect of the property for a year preceding the particular year, where the property ceases, in the particular year, to be considered as an eligible work or an eligible group of works by reason of the fact that the favourable advance ruling given by the Société de développement des entreprises culturelles in respect of the property ceases to be in force at that time and that no certificate is issued by the Société in respect of the property, or of the fact that the certificate issued by the Société in respect of the property is revoked at that time;

(b)  where subparagraph a does not apply in the particular year or in a preceding taxation year, in relation to the property, the amount determined in respect of the corporation under the second paragraph where

i.  in computing the amounts determined under subparagraph ii of paragraph a or subparagraph i of paragraph b of the definition of “qualified labour expenditure attributable to preparation costs” or “qualified labour expenditure attributable to printing and reprinting costs” in the first paragraph of section 1029.8.36.0.0.13, government assistance or non-government assistance that the corporation, another person or a partnership has received, is entitled to receive or may reasonably expect to receive, on or before the corporation’s filing-due date for the particular year, must be taken into account for or from the particular year in respect of the property, and the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation in a taxation year preceding the particular year, or

ii.  an amount relating to an expenditure included in a qualified labour expenditure attributable to preparation costs or qualified labour expenditure attributable to printing and reprinting costs in respect of the property, or relating to printing and reprinting costs directly attributable to the printing and reprinting of the property or to preparation costs directly attributable to the preparation of the property, other than an amount of assistance to which subparagraph i applies, is, during the particular taxation year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The amount to which subparagraph b of the first paragraph refers, in relation to a property, is equal, for the corporation, to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.0.14 in respect of the property for the particular year or a preceding taxation year, exceeds the aggregate of

(a)  the aggregate of all amounts each of which is an amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.0.0.14 in respect of the property for the particular year or for a preceding taxation year if

i.  where subparagraph i of subparagraph b of the first paragraph applies, the assistance referred to in that subparagraph i had been received by the corporation, the other person or the partnership in the year during which the expenditure or costs to which the assistance is attributable or relates were incurred by the corporation, and

ii.  where subparagraph ii of subparagraph b of the first paragraph applies, any amount referred to in that subparagraph ii had been refunded, paid or allocated in the year during which the expenditure or costs to which the amount is attributable were incurred; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year.

Furthermore, where applicable, every corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

2001, c. 51, s. 214; 2004, c. 21, s. 451; 2005, c. 23, s. 247; 2007, c. 12, s. 242; 2010, c. 25, s. 207.

1129.4.0.19. For the purposes of Part I, except for Division II.6.0.0.5 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under section 1129.4.0.18, in relation to an expenditure that is included in a qualified labour expenditure attributable to preparation costs of the corporation or a qualified labour expenditure attributable to printing costs of the corporation, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property, pursuant to a legal obligation to repay all or any part of that amount of assistance.

2001, c. 51, s. 214.

1129.4.0.20. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 214.

PART III.1.0.6 SPECIAL TAX RELATING TO THE CREDIT FOR THE CREATION OF DIGITAL PRODUCTIONS

2002, c. 40, s. 248.

1129.4.0.21. In this Part,

“acquisition costs” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.16;

“eligible digital production” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.16;

“qualified labour expenditure” has the meaning assigned by section 1029.8.36.0.0.16;

“qualified property” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.16;

“rental expenses” has the meaning assigned by the first paragraph of section 1029.8.36.0.0.16.

2002, c. 40, s. 248; 2007, c. 12, s. 304.

1129.4.0.22. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.0.19 or 1029.8.36.0.0.20, on account of its tax payable under Part I, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to an expenditure included in a qualified labour expenditure of the corporation, or acquisition costs incurred or rental expenses paid by the corporation in respect of qualified property is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under any of sections 1029.8.36.0.0.19, 1029.8.36.0.0.20, 1029.8.36.0.0.26 and 1029.8.36.0.0.27, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of those sections, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an expenditure included in a qualified labour expenditure of the corporation, or acquisition costs incurred or rental expenses paid by the corporation, were refunded, paid or allocated in the taxation year in which the corporation incurred the expenditure to which the amount refunded, paid or allocated relates, or incurred the acquisition costs or paid the rental expenses to which that amount relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

2002, c. 40, s. 248.

1129.4.0.23. For the purposes of section 1129.4.0.22, the amount determined in the second paragraph, in relation to a particular expenditure included in the qualified labour expenditure of the corporation for a particular taxation year in respect of an eligible digital production, is deemed to be refunded to the corporation in a subsequent taxation year, in this section referred to as the “repayment year”, in which Investissement Québec revokes, in whole or in part, the certificate that was issued for the particular year to the corporation in respect of the eligible digital production.

The amount to which the first paragraph refers is equal to the amount by which the portion of the particular expenditure that may reasonably be attributed to the part of the certificate that is revoked, exceeds the aggregate of all amounts each of which is an amount relating to the portion of the particular expenditure that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation.

No tax is payable for a taxation year under section 1129.4.0.22, in respect of any amount that is refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in that taxation year or in a preceding taxation year.

2002, c. 40, s. 248.

1129.4.0.24. For the purposes of section 1129.4.0.22, the amount determined in the second paragraph, in relation to the acquisition costs incurred by the corporation in a particular taxation year in respect of qualified property or rental expenses paid by the corporation in the particular year in respect of such property, is deemed to be refunded to the corporation in a subsequent taxation year, in this section referred to as the “repayment year”, in which Investissement Québec revokes the certificate that was issued in respect of the property.

The amount to which the first paragraph refers is equal to the amount by which the aggregate of acquisition costs incurred by the corporation in the particular year and on the effective date specified in the notice of revocation or subsequently, or the aggregate of rental expenses paid by the corporation in the particular year and on that effective date or subsequently, exceeds the aggregate of all amounts each of which is an amount relating to those costs or expenses that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation.

No tax is payable for a taxation year under section 1129.4.0.22, in respect of any amount that is refunded or otherwise paid to the corporation, or is allocated to a payment to be made by the corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in that taxation year or a preceding taxation year.

2002, c. 40, s. 248.

1129.4.0.25. For the purposes of Part I, except for Division II.6.0.0.6 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under section 1129.4.0.22, in relation to an expenditure or property, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenditure or property, pursuant to a legal obligation.

2002, c. 40, s. 248.

1129.4.0.26. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 40, s. 248.

PART III.1.1 SPECIAL TAX RELATING TO THE CREDIT FOR MULTIMEDIA TITLES (PART 1)

1997, c. 14, s. 264; 1999, c. 83, s. 244.

1129.4.1. In this Part,

“eligible operating receipts” has the meaning assigned by section 1029.8.36.0.1;

“labour expenditure” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.0.1;

“multimedia title” has the meaning assigned by section 1029.8.36.0.1;

“qualified labour expenditure” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.0.1.

1997, c. 14, s. 264; 1999, c. 83, s. 245; 2001, c. 51, s. 228; 2002, c. 40, s. 249; 2007, c. 12, s. 304.

1129.4.2. Any corporation that is deemed, under section 1029.8.36.0.2, to have paid to the Minister an amount as partial payment of its tax payable for any taxation year under Part I, in respect of a property that is a multimedia title, shall pay tax, for a particular taxation year, equal to the aggregate of the following amounts:

(a)  the amount by which the aggregate of all amounts each of which is an amount the corporation is deemed, under the said section 1029.8.36.0.2, to have so paid to the Minister in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is tax the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year, where Investissement Québec revokes in the particular year a certificate issued to the corporation in respect of the property;

(b)  where subparagraph a does not apply, in the particular year in respect of the property or in any preceding taxation year and, for the particular year and in respect of the property, Investissement Québec issues a certificate to replace a certificate previously issued to the corporation and, under the terms of the new certificate, the aggregate of the amounts the corporation is deemed to have paid to the Minister under paragraphs a and b of section 1029.8.36.0.2 for a preceding year exceeds the aggregate of the amounts the corporation would have been deemed to have paid to the Minister under those paragraphs for such a year if the amounts entered on the replaced certificate had been the amounts entered on the new certificate, the part of that excess amount that exceeds the aggregate of all amounts each of which is tax the corporation is required to pay under this Part in respect of the property for a year preceding the particular year and that is attributable to an amount the corporation is deemed to have paid to the Minister under paragraphs a and b of section 1029.8.36.0.2 for a taxation year preceding the particular year;

(c)  where subparagraph a does not apply, in the particular year in respect of the property or in any preceding taxation year, and Investissement Québec revokes in the particular year the part of the certificate issued to the corporation in respect of the property attesting that the multimedia title is both available in French and intended for the consumer market, the amount by which the aggregate of all amounts each of which is an amount the corporation is deemed to have paid to the Minister under paragraph b of section 1029.8.36.0.2 in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is the portion of tax the corporation is required to pay under this Part, otherwise than under this subparagraph, for the particular year or a preceding taxation year and that is attributable to an amount the corporation is deemed to have so paid to the Minister in respect of the property under paragraph b of that section 1029.8.36.0.2 for a taxation year preceding the particular year;

(d)  where subparagraph a does not apply, in the particular year in respect of the property or in any preceding taxation year, and Investissement Québec revokes in the particular year a document validating the operating receipts issued to the corporation in respect of the property, the amount by which the aggregate of all amounts each of which is an amount the corporation is deemed to have paid to the Minister under paragraph c of section 1029.8.36.0.2 in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is the portion of tax the corporation is required to pay under subparagraph e in respect of the property for a taxation year preceding the particular year, that is attributable to an amount the corporation is deemed to have so paid to the Minister in respect of the property under that paragraph c for a taxation year preceding the particular year;

(e)  where subparagraphs a and d do not apply, in the particular year in respect of the property or in any preceding taxation year and, in the particular year, Investissement Québec issues a document validating the operating receipts to replace such a document previously issued to the corporation and, under the terms of the new document, the aggregate of the amounts the corporation is deemed to have paid to the Minister under paragraph c of section 1029.8.36.0.2 for a taxation year preceding the particular year exceeds the aggregate of the amounts the corporation would be deemed to have paid to the Minister under that paragraph for such a year if the amounts entered on the replaced document had been the amounts entered on the new document, the part of that excess amount that exceeds the aggregate of all amounts each of which is the portion of tax the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year and that is attributable to an amount the corporation is deemed to have paid to the Minister under paragraph c of section 1029.8.36.0.2 for a taxation year preceding the particular year;

(f)  where subparagraph a does not apply, in the particular year in respect of the property or in any preceding taxation year and, for the particular year and in respect of the property, the amount determined under subparagraph ii of paragraph a of the definition of “qualified labour expenditure” in the first paragraph of section 1029.8.36.0.1 exceeds the aggregate determined under subparagraph i of paragraph a of that definition, an amount equal to the aggregate of

i.  the lesser of

(1)  20% of that excess amount, where the assistance is attributable to a labour expenditure of the corporation for a taxation year ending before 18 April 1997 in relation to the property, or 25% of that excess amount, where the amount of assistance is attributable to a labour expenditure of the corporation for a taxation year ending after 17 April 1997 in relation to the property, and

(2)  the amount by which the aggregate of all amounts each of which is an amount the corporation is deemed to have so paid to the Minister under paragraph a of section 1029.8.36.0.2 in respect of the property for a taxation year preceding the particular year exceeds the aggregate of all amounts each of which is the portion of tax the corporation is required to pay under this Part in respect of the property for a taxation year preceding the particular year and that is attributable to an amount the corporation is deemed to have paid to the Minister in respect of the property under that paragraph a for a taxation year preceding the particular year, and

ii.  where a certificate has been issued in respect of the property attesting that the multimedia title is both available in French and intended for the consumer market, and where subparagraph c does not apply in the particular year or in a preceding taxation year, the lesser of

(1)  20% of the excess amount referred to in the portion of this subparagraph before subparagraph i, and

(2)  the amount by which the aggregate of all amounts each of which is an amount the corporation is deemed to have so paid to the Minister under paragraph b of section 1029.8.36.0.2 in respect of the property for a taxation year preceding the particular year exceeds the aggregate of all amounts each of which is the portion of tax the corporation is required to pay under this Part, in respect of the property, for a taxation year preceding the particular year and that is attributable to an amount the corporation is deemed to have paid to the Minister in respect of the property under that paragraph b for a taxation year preceding the particular year;

(g)  where subparagraph a does not apply, in the particular year in respect of the property or in any preceding taxation year, and the particular year is subsequent to the taxation year in which the final certificate in respect of the property is issued to the corporation, the corporation has received, is entitled to receive, or may reasonably expect to receive on or before its filing-due date for the particular year in respect of the property any government assistance or non-government assistance attributable, as labour expenditure, production costs or both, to a qualified labour expenditure of the corporation in a taxation year preceding the particular year and which, had that assistance been received in the preceding year, would have been taken into account in computing the qualified labour expenditure and, because of that assistance, the aggregate of the amounts the corporation is deemed to have paid to the Minister under paragraphs a and b of section 1029.8.36.0.2 for a taxation year preceding the particular year exceeds the aggregate of the amounts the corporation would have been deemed to have paid to the Minister under those paragraphs for such a year, the part of that excess amount that exceeds the aggregate of all amounts each of which is tax the corporation is required to pay under this subparagraph in respect of the property for a taxation year preceding the particular year; and

(h)  where subparagraph a does not apply, in the particular year or in any preceding taxation year in respect of the property, a document validating the operating receipts is not issued to the corporation in the particular year in respect of the property, that particular year is subsequent to a taxation year in which such a document was issued in respect of the property, the corporation has received, is entitled to receive, or may reasonably expect to receive on or before its filing-due date for the particular year in respect of the property any government assistance or non-government assistance attributable to production costs of the corporation in a taxation year preceding the particular year and which, had the assistance been received in the preceding year, would have been taken into account in computing the eligible operating receipts of the corporation for that preceding year and, because of that assistance, the aggregate of the amounts the corporation is deemed to have paid to the Minister under paragraph c of section 1029.8.36.0.2 for a taxation year preceding the particular year exceeds the aggregate of the amounts the corporation would have been deemed to have paid to the Minister under that paragraph for such a year, the part of that excess amount that exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay because of this subparagraph in respect of the property for a taxation year preceding the particular year.

Furthermore, where applicable, a corporation that controls, directly or indirectly in any manner whatever, the corporation referred to in the first paragraph is liable, solidarily with that corporation, for payment of the tax under the first paragraph.

1997, c. 14, s. 264; 1997, c. 31, s. 134; 1998, c. 17, s. 64; 1999, c. 83, s. 246; 2001, c. 51, s. 215; 2001, c. 69, s. 12; 2007, c. 12, s. 243.

1129.4.2.1. For the purposes of Part I, tax paid to the Minister by a corporation at any time, under section 1129.4.2, in relation to property, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property, pursuant to a legal obligation.

1999, c. 83, s. 247; 2001, c. 7, s. 169; 2009, c. 15, s. 386.

1129.4.3. Except where inconsistent with this Part, section 21.25, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 14, s. 264.

PART III.1.1.1 SPECIAL TAX RELATING TO THE CREDIT FOR MULTIMEDIA TITLES (PART 2)

1999, c. 83, s. 248.

1129.4.3.1. In this Part,

“eligible production costs” has the meaning assigned by section 1029.8.36.0.3.3;

“multimedia title” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.3;

“qualified labour expenditure” has the meaning assigned by section 1029.8.36.0.3.3.

1999, c. 83, s. 248; 2002, c. 40, s. 250; 2007, c. 12, s. 304.

1129.4.3.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.4, on account of its tax payable under Part I, in relation to a property that is a multimedia title, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to an expenditure included in computing a qualified labour expenditure of the corporation in respect of the property, or its eligible production costs in respect of the property, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.4, in relation to the property, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, in relation to the property, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an expenditure included in computing a qualified labour expenditure of the corporation in respect of the property, or its eligible production costs in respect of the property, were refunded, paid or allocated in the taxation year in which the corporation incurred the expenditure to which the amount refunded, paid or allocated relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the property.

1999, c. 83, s. 248; 2002, c. 40, s. 251.

1129.4.3.3. For the purposes of Part I, the tax that a corporation pays to the Minister at any time under section 1129.4.3.2 in relation to a property is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property pursuant to a legal obligation.

1999, c. 83, s. 248; 2001, c. 7, s. 169; 2009, c. 15, s. 387.

1129.4.3.4. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 248.

PART III.1.1.2 SPECIAL TAX RELATING TO THE CREDIT FOR MULTIMEDIA TITLES (GENERAL)

1999, c. 83, s. 248.

1129.4.3.5. In this Part,

“multimedia title” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.8;

“qualified labour expenditure” has the meaning assigned by section 1029.8.36.0.3.8.

1999, c. 83, s. 248; 2007, c. 12, s. 304.

1129.4.3.6. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.9, on account of its tax payable under Part I for a particular taxation year, in relation to its qualified labour expenditure for the particular year in respect of a property that is a multimedia title, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to an expenditure included in computing the qualified labour expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  government assistance or non-government assistance is received by a person or partnership and the assistance would have reduced, in accordance with paragraph b of section 1029.8.36.0.3.10.1, the amount of a portion of a consideration included in computing the qualified labour expenditure, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the corporation’s filing-due date for the particular taxation year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.9 or 1029.8.36.0.3.11, in relation to its qualified labour expenditure for the particular year in respect of the property, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.3.9 or 1029.8.36.0.3.11, in relation to the qualified labour expenditure, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to an expenditure included in computing the qualified labour expenditure, were refunded, paid or allocated in the particular year, and

ii.  every government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or partnership at or before the end of the repayment year, were received in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified labour expenditure.

1999, c. 83, s. 248; 2002, c. 40, s. 252; 2009, c. 5, s. 521.

1129.4.3.7. For the purposes of Part I, other than Division II.6.0.1.2 of Chapter III.1 of Title III of Book IX, the tax that a corporation pays to the Minister at any time under section 1129.4.3.6 in relation to a property is deemed to be an amount of assistance repaid by the corporation at that time in respect of the property pursuant to a legal obligation.

1999, c. 83, s. 248; 2001, c. 7, s. 169.

1129.4.3.8. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 248.

PART III.1.1.3 SPECIAL TAX RELATING TO THE CREDIT FOR CORPORATIONS SPECIALIZED IN THE PRODUCTION OF MULTIMEDIA TITLES

1999, c. 83, s. 248.

1129.4.3.9. In this Part, “qualified labour expenditure” has the meaning assigned by section 1029.8.36.0.3.18.

1999, c. 83, s. 248; 2007, c. 12, s. 244.

1129.4.3.10. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.19, on account of its tax payable for a particular taxation year under Part I, in relation to its qualified labour expenditure for the particular year, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to an expenditure included in computing the qualified labour expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  government assistance or non-government assistance is received by a person or partnership and the assistance would have reduced, in accordance with paragraph b of section 1029.8.36.0.3.21, the amount of a portion of a consideration included in computing the qualified labour expenditure, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the corporation’s filing-due date for the particular taxation year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.19 or 1029.8.36.0.3.22, in relation to its qualified labour expenditure for the particular year, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.3.19 or 1029.8.36.0.3.22, in relation to the qualified labour expenditure, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to an expenditure included in computing the qualified labour expenditure, were refunded, paid or allocated in the particular year, and

ii.  every government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or partnership at or before the end of the repayment year, were received in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified labour expenditure.

1999, c. 83, s. 248; 2002, c. 40, s. 253; 2009, c. 5, s. 522.

1129.4.3.11. For the purposes of Part I, other than Division II.6.0.1.3 of Chapter III.1 of Title III of Book IX, the tax that a corporation pays to the Minister at any time under section 1129.4.3.10 in relation to an expenditure included in a qualified labour expenditure of the corporation is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenditure pursuant to a legal obligation.

1999, c. 83, s. 248; 2001, c. 7, s. 169.

1129.4.3.12. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 248.

PART III.1.1.4

Repealed, 2003, c. 9, s. 389.

1999, c. 83, s. 248; 2003, c. 9, s. 389.

1129.4.3.13. (Repealed).

1999, c. 83, s. 248; 2000, c. 39, s. 231; 2001, c. 51, s. 228; 2003, c. 9, s. 389.

1129.4.3.14. (Repealed).

1999, c. 83, s. 248; 2002, c. 40, s. 254; 2003, c. 9, s. 389.

1129.4.3.15. (Repealed).

1999, c. 83, s. 248; 2000, c. 39, s. 232.

1129.4.3.16. (Repealed).

1999, c. 83, s. 248; 2000, c. 39, s. 233; 2001, c. 7, s. 169; 2003, c. 9, s. 389.

1129.4.3.17. (Repealed).

1999, c. 83, s. 248; 2003, c. 9, s. 389.

PART III.1.1.5

Repealed, 2003, c. 9, s. 389.

2000, c. 39, s. 234; 2003, c. 9, s. 389.

1129.4.3.18. (Repealed).

2000, c. 39, s. 234; 2001, c. 51, s. 228; 2003, c. 9, s. 389.

1129.4.3.19. (Repealed).

2000, c. 39, s. 234; 2002, c. 40, s. 255; 2003, c. 9, s. 389.

1129.4.3.20. (Repealed).

2000, c. 39, s. 234; 2003, c. 9, s. 389.

1129.4.3.21. (Repealed).

2000, c. 39, s. 234; 2003, c. 9, s. 389.

PART III.1.1.6 SPECIAL TAX RELATING TO THE CREDIT FOR THE CORPORATIONS ESTABLISHED IN E-COMMERCE PLACE

2002, c. 9, s. 122.

1129.4.3.22. In this Part,

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.46;

“qualified wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.46;

“wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.46.

2002, c. 9, s. 122; 2007, c. 12, s. 304.

1129.4.3.23. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.48, on account of its tax payable for a particular taxation year under Part I, or that would be deemed to have paid such an amount to the Minister under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof, in relation to qualified wages incurred in the particular year in respect of an eligible employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.48 or 1029.8.36.0.3.57, or would be deemed to have paid to the Minister under either of those sections if section 1029.8.36.0.3.48 were read without reference to the fourth and fifth paragraphs thereof, and section 1029.8.36.0.3.57 were read without reference to the second paragraph thereof, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof, or under section 1029.8.36.0.3.57 if it were read without reference to the second paragraph thereof, in relation to the qualified wages and, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

However, no tax is payable under this section if section 1129.4.3.23.1 applies in respect of the qualified wages for the repayment year or for a preceding taxation year.

2002, c. 9, s. 122; 2002, c. 40, s. 256.

1129.4.3.23.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.48, on account of its tax payable for a taxation year under Part I, or that would be deemed to have paid such an amount to the Minister under section 1029.8.36.0.3.48 if it were read without reference to the fourth and fifth paragraphs thereof, in relation to qualified wages incurred in the taxation year in respect of an eligible employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “particular year”, in which Investissement Québec revokes a qualification certificate issued for the taxation year to the corporation for the purposes of Division II.6.0.1.6 of Chapter III.1 of Title III of Book IX of Part I.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.48 or 1029.8.36.0.3.57, or would be deemed to have paid to the Minister under either of those sections if section 1029.8.36.0.3.48 were read without reference to the fourth and fifth paragraphs thereof, and section 1029.8.36.0.3.57 were read without reference to the second paragraph thereof, in relation to the qualified wages, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.3.23 for a taxation year preceding the particular year, in relation to the qualified wages.

2002, c. 40, s. 257; 2004, c. 21, s. 452.

1129.4.3.24. For the purposes of Part I, except Division II.6.0.1.6 of Chapter III.1 of Title III of Book IX, the tax paid at any time by a corporation to the Minister under section 1129.4.3.23 or 1129.4.3.23.1, in relation to qualified wages, is deemed to be an amount of assistance repaid at that time by the corporation in respect of the wages, pursuant to a legal obligation.

2002, c. 9, s. 122; 2002, c. 40, s. 258.

1129.4.3.25. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 122.

PART III.1.1.7 SPECIAL TAX RELATING TO THE CREDIT FOR E-BUSINESS ACTIVITIES

2003, c. 9, s. 390.

1129.4.3.26. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.60;

“eligibility period” has the meaning assigned by section 1029.8.36.0.3.60;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.60;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.60;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.60.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2003, c. 9, s. 390; 2004, c. 21, s. 453; 2007, c. 12, s. 304.

1129.4.3.27. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.61 or 1029.8.36.0.3.62, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister under section 1029.8.36.0.3.61 or 1029.8.36.0.3.62, in relation to the salaries or wages for the taxation year, where Investissement Québec revokes, in the particular year, a qualification certificate issued to the corporation in relation to the recognized business for the purposes of Division II.6.0.1.7 of Chapter III.1 of Title III of Book IX of Part I, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages, for a taxation year preceding the particular year.

2003, c. 9, s. 390.

1129.4.3.28. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.61 or 1029.8.36.0.3.62, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 35% of the aggregate of the following amounts, except where section 1129.4.3.27 applies in relation to the salaries or wages for the taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.61, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/35 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.62, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/35 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.0.3.63 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.0.3.63 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.0.3.63 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/35 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.61 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.61 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.0.3.62 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph a of section 1029.8.36.0.3.63 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.0.3.62 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.0.3.63 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.0.3.63 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied.

For the purposes of subparagraphs d to f of the first paragraph, where Investissement Québec revokes in the particular taxation year the qualification certificate issued, for the purposes of Division II.6.0.1.7 of Chapter III.1 of Title III of Book IX of Part I, to the corporation in relation to an eligible employee for a pay period of a calendar year within its eligibility period, in relation to a recognized business, the amount of the salary or wages paid by a corporation to that employee is deemed to be refunded to the corporation in the particular taxation year.

2003, c. 9, s. 390; 2004, c. 21, s. 454.

1129.4.3.29. For the purposes of Part I, except for Division II.6.0.1.7 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2003, c. 9, s. 390.

1129.4.3.30. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.0.3.66 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2003, c. 9, s. 390.

PART III.1.1.8 SPECIAL TAX RELATING TO THE CREDIT FOR MAJOR EMPLOYMENT-GENERATING PROJECTS

2006, c. 13, s. 209.

1129.4.3.31. In this Part,

“eligible contract” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.72;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.72;

“qualified wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.72;

“wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.3.72.

2006, c. 13, s. 209; 2007, c. 12, s. 304.

1129.4.3.32. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.73, on account of its tax payable for a taxation year under Part I, in relation to qualified wages incurred in the taxation year in respect of an eligible employee, in relation to an eligible contract, shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “particular year”, in which Investissement Québec revokes a qualification certificate issued to the corporation, in relation to the eligible contract, for the purposes of Division II.6.0.1.8 of Chapter III.1 of Title III of Book IX of Part I.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.73 or 1029.8.36.0.3.76, in relation to qualified wages incurred in respect of an eligible employee, in relation to the eligible contract, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.3.33 for a taxation year preceding the particular year, in relation to the qualified wages.

2006, c. 13, s. 209.

1129.4.3.33. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.73, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages incurred in the taxation year in respect of an eligible employee, in relation to an eligible contract, shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.73 or 1029.8.36.0.3.76, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, under section 1029.8.36.0.3.73 or 1029.8.36.0.3.76, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

If Investissement Québec revokes, in any given taxation year, a qualification certificate issued, for the purposes of Division II.6.0.1.8 of Chapter III.1 of Title III of Book IX of Part I and in relation to an eligible contract, to a corporation in respect of an employee and in relation to all or part of a preceding taxation year, the amount relating to the wages included in computing the qualified wages incurred by the corporation in respect of the employee, for all or part of the preceding taxation year and in relation to the eligible contract, is, for the purposes of the first and second paragraphs, deemed to be refunded to the corporation in the given taxation year.

However, no tax is payable under this section if section 1129.4.3.32 applies in respect of the qualified wages for the repayment year or a preceding taxation year.

2006, c. 13, s. 209; 2006, c. 36, s. 227; 2007, c. 12, s. 245.

1129.4.3.34. For the purposes of Part I, except Division II.6.0.1.8 of Chapter III.1 of Title III of Book IX, the tax paid at any time by a corporation to the Minister under section 1129.4.3.32 or 1129.4.3.33, in relation to qualified wages, is deemed to be an amount of assistance repaid at that time by the corporation in respect of the wages, pursuant to a legal obligation.

2006, c. 13, s. 209.

1129.4.3.35. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2006, c. 13, s. 209.

PART III.1.1.9 SPECIAL TAX RELATING TO THE CREDIT FOR THE DEVELOPMENT OF E-BUSINESS

2009, c. 15, s. 388.

1129.4.3.36. In this Part, “eligible employee”, “qualified wages” and “wages” have the meaning assigned by the first paragraph of section 1029.8.36.0.3.79.

2009, c. 15, s. 388.

1129.4.3.37. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.3.80, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages incurred in the particular taxation year in respect of an eligible employee, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.3.80 or 1029.8.36.0.3.82, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.3.80 or 1029.8.36.0.3.82, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

2009, c. 15, s. 388.

1129.4.3.38. For the purposes of Part I, except Division II.6.0.1.9 of Chapter III.1 of Title III of Book IX, tax paid at any time by a corporation to the Minister under section 1129.4.3.37, in relation to qualified wages, is deemed to be an amount of assistance repaid at that time by the corporation in respect of the wages, pursuant to a legal obligation.

2009, c. 15, s. 388.

1129.4.3.39. Unless otherwise provided in this Part, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2009, c. 15, s. 388.

PART III.1.2

Repealed, 2003, c. 9, s. 391.

1997, c. 85, s. 302; 2003, c. 9, s. 391.

1129.4.4. (Repealed).

1997, c. 85, s. 302; 1999, c. 83, s. 249; 2000, c. 39, s. 235; 2001, c. 51, s. 228; 2003, c. 9, s. 391.

1129.4.4.1. (Repealed).

1999, c. 83, s. 250; 2000, c. 39, s. 236; 2002, c. 40, s. 259; 2003, c. 9, s. 391.

1129.4.4.2. (Repealed).

2002, c. 40, s. 260; 2003, c. 9, s. 391.

1129.4.4.3. (Repealed).

2002, c. 40, s. 260; 2003, c. 9, s. 391.

1129.4.5. (Repealed).

1997, c. 85, s. 302; 2000, c. 39, s. 237; 2002, c. 40, s. 261; 2003, c. 9, s. 391.

1129.4.6. (Repealed).

1997, c. 85, s. 302; 2003, c. 9, s. 391.

PART III.1.3 SPECIAL TAX RELATING TO THE DEVELOPMENT OF THE NEW ECONOMY

2000, c. 39, s. 238.

1129.4.7. In this Part,

“acquisition costs” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“Centre national des nouvelles technologies de Québec” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“Cité du multimédia” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“eligible facility” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“eligible rental expenses” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“information technology development centre” has the meaning assigned by section 771.1;

“qualified centre” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“qualified property” has the meaning assigned by section 1029.8.36.0.17;

“qualified wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“rental expenses” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“specified employee” has the meaning assigned by the first paragraph of section 1029.8.36.0.17;

“specified wages” has the meaning assigned by section 1029.8.36.0.17;

“wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.17.

2000, c. 39, s. 238; 2001, c. 51, s. 228; 2003, c. 9, s. 392; 2007, c. 12, s. 304.

1129.4.8. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.19 or 1029.8.36.0.20, on account of its tax payable under Part I for a particular taxation year, in relation to qualified wages paid to an eligible employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax referred to in the first paragraph is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under that section 1029.8.36.0.19 or 1029.8.36.0.20 or under section 1029.8.36.0.30, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister, under that section 1029.8.36.0.19 or 1029.8.36.0.20 or under section 1029.8.36.0.30, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the taxation year, in this section referred to as the “payment year”, in which the corporation paid the wages to which the amount refunded, paid or allocated relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in relation to qualified wages under section 1029.8.36.0.5 or 1029.8.36.0.5.1, as it read for the particular year, the first and second paragraphs apply, in respect of an amount relating to wages included in computing the qualified wages that is, directly or indirectly, refunded, paid or allocated, having regard to the following rules:

(a)  the references to sections 1029.8.36.0.19, 1029.8.36.0.20 and 1029.8.36.0.30, wherever they appear in the portion of this section before subparagraph b of the second paragraph, shall be read respectively as references to sections 1029.8.36.0.5, 1029.8.36.0.5.1 and 1029.8.36.0.10, as they formerly read for the particular year; and

(b)  subparagraph b of the second paragraph shall be read as follows:

“(b) the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister in relation to the qualified wages for a taxation year preceding the repayment year, under this section or under section 1129.4.4.1, as it read for that preceding taxation year.”

Notwithstanding section 1129.4.7, the expressions “eligible employee” and “qualified wages” have, in this section, the meaning assigned by section 1129.4.4, as it read for the payment year, if

(a)  the third paragraph applies; or

(b)  the payment year begins before 21 December 2001 and the corporation carried on or could carry on its business in an information technology development centre in the particular taxation year referred to in the first paragraph.

2000, c. 39, s. 238; 2002, c. 40, s. 262; 2003, c. 9, s. 393.

1129.4.9. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.22, on account of its tax payable under Part I for a particular taxation year, in relation to specified wages incurred in the particular year in respect of a specified employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the specified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.22 or 1029.8.36.0.31, in relation to the specified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.22 or 1029.8.36.0.31, in relation to the specified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the specified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the specified wages.

In addition, if a corporation carried on or could carry on its business in the Cité du multimédia or the Centre national des nouvelles technologies de Québec in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in relation to qualified wages under section 1029.8.36.0.3.30 or 1029.8.36.0.3.40, as it read for the particular year, the first and second paragraphs apply, in respect of an amount relating to wages included in computing the qualified wages that is, directly or indirectly, refunded, paid or allocated, having regard to the following rules:

(a)  the references to sections 1029.8.36.0.22 and 1029.8.36.0.31, wherever they appear in the portion of this section before subparagraph b of the second paragraph, shall be read respectively as references to

i.  sections 1029.8.36.0.3.30 and 1029.8.36.0.3.35, as they formerly read for the particular year, where the corporation carried on or could carry on its business in the Cité du multimédia in the particular year, or

ii.  sections 1029.8.36.0.3.40 and 1029.8.36.0.3.43, as they formerly read for the particular year, where the corporation carried on or could carry on its business in the Centre national des nouvelles technologies de Québec in the particular year;

(b)  the expressions “specified wages” and “specified employee”, wherever they appear in the portion of this section before subparagraph b of the second paragraph, shall be read respectively as “qualified wages” and “eligible employee”, having the meaning assigned by

i.  section 1129.4.3.13, as it read for the particular year, where the corporation carried on or could carry on its business in the Cité du multimédia in the particular year, or

ii.  section 1129.4.3.18, as it read for the particular year, where the corporation carried on or could carry on its business in the Centre national des nouvelles technologies de Québec in the particular year; and

(c)  subparagraph b of the second paragraph shall be read as follows:

“(b) the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister in relation to the qualified wages for a taxation year preceding the repayment year, under this section or under section 1129.4.3.14 or 1129.4.3.19, as it read for that preceding taxation year.”

Notwithstanding section 1129.4.7, the expression “qualified wages” in the portion of the third paragraph before subparagraph a has the meaning assigned by section 1129.4.3.13 or 1129.4.3.18, as it read for the particular year, according to whether the corporation carried on or could carry on its business in the particular year in the Cité du multimédia or in the Centre national des nouvelles technologies de Québec.

2000, c. 39, s. 238; 2002, c. 40, s. 262; 2003, c. 9, s. 394.

1129.4.10. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.25, on account of its tax payable under Part I, in relation to acquisition costs incurred in respect of qualified property or rental expenses paid in respect of such property, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to the acquisition costs or rental expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.25 or 1029.8.36.0.32, in relation to the acquisition costs or rental expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.25 or 1029.8.36.0.32, in relation to the acquisition costs or rental expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the costs or expenses, were refunded, paid or allocated in the taxation year during which the corporation incurred the acquisition costs or paid the rental expenses to which the amount refunded, paid or allocated relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the acquisition costs or rental expenses.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a particular taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of acquisition costs or rental expenses under section 1029.8.36.0.6, as it read for the particular year, the first and second paragraphs, subject to the fourth paragraph, shall be read as follows:

“1129.4.10. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.6 or 1029.8.36.0.25, on account of its tax payable under Part I, in relation to acquisition costs incurred in respect of qualified property or rental expenses paid in respect of such property, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to the acquisition costs or rental expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister in relation to the acquisition costs or rental expenses, under section 1029.8.36.0.6 or 1029.8.36.0.11 or under section 1029.8.36.0.25 or 1029.8.36.0.32, exceeds the total of

(a) the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister in relation to the acquisition costs or rental expenses, under section 1029.8.36.0.6 or 1029.8.36.0.11 or under section 1029.8.36.0.25 or 1029.8.36.0.32, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the costs or expenses, were refunded, paid or allocated in the taxation year during which the corporation incurred the acquisition costs or paid the rental expenses to which the amount refunded, paid or allocated relates; and

(b) the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister in relation to the acquisition costs or rental expenses for a taxation year preceding the repayment year, under this section or under section 1129.4.4.2, as it read for that preceding taxation year.”

In the text of the first and second paragraphs of this section enacted by the third paragraph, a reference to section 1029.8.36.0.6 or 1029.8.36.0.11 shall be a reference to that section as it read for a taxation year in which an amount is deemed to have been paid under that section.

However, no tax is payable under this section if, for the repayment year, section 1129.4.10.1 applies in respect of the property or if, for a preceding taxation year, that section or section 1129.4.4.3, as it read for that preceding taxation year, applied in respect of the property.

2000, c. 39, s. 238; 2002, c. 40, s. 262; 2003, c. 9, s. 395.

1129.4.10.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.25, on account of its tax payable under Part I, in relation to acquisition costs incurred in respect of qualified property, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “particular year”, if, at any time in the period described in the third paragraph the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the corporation principally in a qualified centre.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.25 or 1029.8.36.0.32, in relation to the acquisition costs, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.10, for a taxation year preceding the particular year, in relation to the acquisition costs.

The period to which the first paragraph refers is the period that begins the day after the corporation’s filing-due date for the taxation year preceding the particular year and ends on the earlier of the last day of the three-year period following the beginning of the use of the property by the corporation and the corporation’s filing-due date for the particular year.

In addition, if a corporation carried on or could carry on its business in an information technology development centre in a taxation year that begins before 21 December 2001 for which the corporation is deemed to have paid an amount to the Minister in respect of acquisition costs or rental expenses under section 1029.8.36.0.6, as it read for that taxation year, the first and second paragraphs, subject to the fifth paragraph, shall be read as follows:

“1129.4.10.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.6 or 1029.8.36.0.25, on account of its tax payable under Part I, in relation to acquisition costs incurred in respect of qualified property, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “particular year”, if, at any time in the period described in the third paragraph the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the corporation principally in an information technology development centre.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister in relation to the acquisition costs, under section 1029.8.36.0.6 or 1029.8.36.0.11 or under section 1029.8.36.0.25 or 1029.8.36.0.32, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister in relation to the acquisition costs, for a taxation year preceding the particular year, under section 1129.4.10 or under section 1129.4.4.2, as it read for that preceding taxation year.”

In the text of the first and second paragraphs of this section enacted by the fourth paragraph, a reference to section 1029.8.36.0.6 or 1029.8.36.0.11 shall be a reference to that section as it read for a taxation year in which an amount is deemed to have been paid under that section.

For the purposes of this section, where, at any time, a corporation disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the corporation is deemed not to have ceased to use, at that time, the property by reason of its obsolescence; in that respect, where the parties to the sale are not dealing with each other at arm’s length, the proceeds of disposition of the property are deemed to be equal to its fair market value.

2002, c. 40, s. 263; 2003, c. 9, s. 396; 2004, c. 21, s. 455; 2007, c. 12, s. 246.

1129.4.10.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.25.1, on account of its tax payable under Part I, in relation to the eligible rental expenses incurred in respect of an eligible facility, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to the eligible rental expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.25.1 or 1029.8.36.0.32.1, in relation to the eligible rental expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.25.1 or 1029.8.36.0.32.1, in relation to the eligible rental expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible rental expenses, were refunded, paid or allocated in the taxation year in which the corporation incurred the eligible rental expenses to which the amount refunded, paid or allocated relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible rental expenses.

2003, c. 9, s. 397.

1129.4.10.3. For the purposes of section 1129.4.10.2, the amount determined in accordance with the second paragraph, in relation to the eligible rental expenses incurred by the corporation in a particular taxation year in respect of an eligible facility, is deemed to be refunded to the corporation in a subsequent taxation year, in this section referred to as the “repayment year”, in which Investissement Québec revokes the certificate it had issued in respect of the facility.

The amount to which the first paragraph refers is equal to the amount by which the aggregate of the eligible rental expenses incurred by the corporation in the particular taxation year and on or after the effective date specified in the notice of revocation, exceeds the aggregate of all amounts each of which is an amount relating to the expenses that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation.

No tax is payable for a taxation year under section 1129.4.10.2 in respect of any amount that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in that taxation year or in a preceding taxation year.

2003, c. 9, s. 397.

1129.4.11. For the purposes of Part I, except for Division II.6.0.3 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under any of sections 1129.4.8 to 1129.4.10.2, in relation to an expenditure or property, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenditure or property, pursuant to a legal obligation.

2000, c. 39, s. 238; 2002, c. 40, s. 264; 2003, c. 9, s. 398.

1129.4.12. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 238.

PART III.1.3.1

Repealed, 2003, c. 9, s. 399.

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.1. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.2. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.3. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.4. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.5. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.6. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.7. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.8. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

1129.4.12.9. (Repealed).

2002, c. 9, s. 123; 2003, c. 9, s. 399.

PART III.1.4 SPECIAL TAX RELATING TO THE CREDIT FOR WAGES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

2000, c. 39, s. 238.

1129.4.13. In this Part,

“eligible employee” has the meaning assigned by section 1029.8.36.0.38;

“qualified wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“wages” has the meaning assigned by the first paragraph of section 1029.8.36.0.38.

2000, c. 39, s. 238; 2001, c. 51, s. 228; 2007, c. 12, s. 304.

1129.4.14. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.40, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages incurred in the particular year in respect of an eligible employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.40 or 1029.8.36.0.49, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.40 or 1029.8.36.0.49, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

2000, c. 39, s. 238; 2002, c. 40, s. 265.

1129.4.15. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.43, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages incurred by the partnership, in respect of an eligible employee, in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.0.43, 1029.8.36.0.50 and 1029.8.36.0.51, in relation to the qualified wages, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.0.43, 1029.8.36.0.50 and 1029.8.36.0.51, for a taxation year, in relation to the qualified wages, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the qualified wages, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2000, c. 39, s. 238; 2002, c. 40, s. 265; 2006, c. 36, s. 228; 2009, c. 15, s. 389.

1129.4.16. For the purposes of Part I, except for Division II.6.0.4 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a corporation at any time, under section 1129.4.14, in relation to qualified wages is deemed to be an amount of assistance repaid by the corporation at that time in respect of the wages, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.4.15, in relation to qualified wages is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the wages, pursuant to a legal obligation.

2000, c. 39, s. 238.

1129.4.17. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 238.

PART III.1.5 SPECIAL TAX RELATING TO THE CREDIT FOR CUSTOMS BROKERAGE SERVICES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

2000, c. 39, s. 238.

1129.4.18. In this Part, “qualified brokerage expenditure” has the meaning assigned by the first paragraph of section 1029.8.36.0.55.

2000, c. 39, s. 238; 2001, c. 51, s. 216; 2007, c. 12, s. 247.

1129.4.19. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.57, on account of its tax payable under Part I for a particular taxation year, in relation to a qualified brokerage expenditure incurred in the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to fees included in computing the qualified brokerage expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.57 or 1029.8.36.0.66, in relation to the qualified brokerage expenditure, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.57 or 1029.8.36.0.66, in relation to the qualified brokerage expenditure, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to fees included in computing the qualified brokerage expenditure, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified brokerage expenditure.

2000, c. 39, s. 238; 2002, c. 40, s. 266.

1129.4.20. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.60, on account of its tax payable under Part I for a particular taxation year, in relation to a qualified brokerage expenditure incurred by the partnership in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to fees included in computing the qualified brokerage expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.0.60, 1029.8.36.0.67 and 1029.8.36.0.68, in relation to the qualified brokerage expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.0.60, 1029.8.36.0.67 and 1029.8.36.0.68, for a taxation year, in relation to the qualified brokerage expenditure, if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to fees included in computing the qualified brokerage expenditure, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the qualified brokerage expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2000, c. 39, s. 238; 2002, c. 40, s. 266; 2006, c. 36, s. 229; 2009, c. 15, s. 390.

1129.4.21. For the purposes of Part I, except for Division II.6.0.5 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a corporation at any time, under section 1129.4.19, in relation to a qualified brokerage expenditure is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenditure, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.4.20, in relation to a qualified brokerage expenditure is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the expenditure, pursuant to a legal obligation.

2000, c. 39, s. 238.

1129.4.22. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 238.

PART III.1.6 SPECIAL TAX RELATING TO THE CREDIT FOR ACQUISITION COSTS OR RENTAL EXPENSES IN CONNECTION WITH THE CREATION OF THE INTERNATIONAL TRADE ZONE AT MIRABEL

2000, c. 39, s. 238.

1129.4.23. In this Part,

“acquisition costs” has the meaning assigned by the first paragraph of section 1029.8.36.0.72;

“international trade zone” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“qualified property” has the meaning assigned by section 1029.8.36.0.72;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.0.38;

“rental expenses” has the meaning assigned by the first paragraph of section 1029.8.36.0.72.

2000, c. 39, s. 238; 2001, c. 51, s. 217; 2004, c. 21, s. 456; 2007, c. 12, s. 304.

1129.4.24. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.73, on account of its tax payable for a particular taxation year under Part I, in relation to acquisition costs incurred or rental expenses paid, in respect of qualified property in the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the acquisition costs or rental expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.73 or 1029.8.36.0.77, in relation to the acquisition costs or rental expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.73 or 1029.8.36.0.77, in relation to the acquisition costs or rental expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the costs or expenses, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the acquisition costs or rental expenses.

However, no tax is payable under this section if section 1129.4.24.1 applies in respect of the property for the repayment year or for a preceding taxation year.

2000, c. 39, s. 238; 2002, c. 40, s. 267; 2004, c. 21, s. 457.

1129.4.24.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.73, on account of its tax payable under Part I, in relation to acquisition costs incurred in respect of qualified property in the course of carrying on a recognized business, shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “particular year”, if, at any time in the period described in the third paragraph, the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the corporation exclusively in the international trade zone and, exclusively or almost exclusively, to earn income from activities shown on the certificate issued to the corporation in respect of the recognized business and carried on in that zone by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.73 or 1029.8.36.0.77, in relation to the acquisition costs, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.24, for a taxation year preceding the particular year, in relation to the acquisition costs.

The period to which the first paragraph refers is the period that begins the day after the corporation’s filing-due date for the taxation year preceding the particular year and ends on the day that is the earlier of the last day of the three-year period following the beginning of the use of the property by the corporation and the corporation’s filing-due date for the particular year.

For the purposes of the first paragraph, where, at any time, a corporation disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the corporation is deemed not to have ceased to use, at that time, the property by reason of its obsolescence; in that respect, where the parties to the sale are not dealing with each other at arm’s length, the proceeds of disposition of the property are deemed to be equal to its fair market value.

2004, c. 21, s. 458; 2007, c. 12, s. 248.

1129.4.25. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.74, on account of its tax payable for a particular taxation year under Part I, in relation to acquisition costs incurred or rental expenses paid by the partnership, in respect of qualified property, in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the acquisition costs or rental expenses is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.0.74, 1029.8.36.0.78 and 1029.8.36.0.79, in relation to the acquisition costs or rental expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.0.74, 1029.8.36.0.78 and 1029.8.36.0.79, for a taxation year, in relation to the acquisition costs or rental expenses, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the costs or expenses, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the acquisition costs or rental expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

However, no tax is payable under this section if section 1129.4.25.1 applies in respect of the property for the fiscal period of repayment or for a preceding fiscal period.

2000, c. 39, s. 238; 2002, c. 40, s. 267; 2004, c. 21, s. 459; 2006, c. 36, s. 230; 2009, c. 15, s. 391.

1129.4.25.1. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister for a taxation year, under section 1029.8.36.0.74, on account of its tax payable under Part I, in relation to acquisition costs incurred by the partnership in respect of qualified property in the course of carrying on a recognized business in a fiscal period of the partnership that ends in the year, shall pay the tax referred to in the second paragraph for a particular taxation year, in this section referred to as the “particular year”, if, at any time in the period described in the third paragraph, the property ceases, otherwise than by reason of its loss, the involuntary destruction of the property by fire, theft or water, a major breakdown of the property or its obsolescence, to be used by the partnership exclusively in the international trade zone and, exclusively or almost exclusively, to earn income from activities shown on the certificate issued to the partnership in respect of the recognized business and carried on in that zone by the partnership.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under any of sections 1029.8.36.0.74, 1029.8.36.0.78 and 1029.8.36.0.79, in relation to the acquisition costs, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.25, for a taxation year preceding the particular year, in relation to the acquisition costs.

The period to which the first paragraph refers is the period that begins the day after the corporation’s filing-due date for the taxation year preceding the particular year and ends on the day that is the earlier of the last day of the three-year period following the beginning of the use of the property by the partnership and the corporation’s filing-due date for the particular year.

For the purposes of the first paragraph, where, at any time, a partnership disposes of qualified property for proceeds of disposition equal to or greater than 10% of the cost of acquiring it, the partnership is deemed not to have ceased to use, at that time, the property by reason of its obsolescence.

2004, c. 21, s. 460; 2007, c. 12, s. 249.

1129.4.26. For the purposes of Part I, except for Division II.6.0.6 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a corporation at any time, under section 1129.4.24 or 1129.4.24.1, in relation to acquisition costs or rental expenses is deemed to be an amount of assistance repaid by the corporation at that time in respect of the costs or expenses, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.4.25 or 1129.4.25.1, in relation to acquisition costs or rental expenses is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the costs or expenses, pursuant to a legal obligation.

2000, c. 39, s. 238; 2004, c. 21, s. 461.

1129.4.27. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 238.

PART III.1.7 SPECIAL TAX RELATING TO THE CREDIT FOR THE CONSTRUCTION, RENOVATION OR ALTERATION OF STRATEGIC BUILDINGS IN THE INTERNATIONAL TRADE ZONE AT MIRABEL

2002, c. 9, s. 124.

1129.4.28. In this Part,

“completion date of the work” has the meaning assigned by the first paragraph of section 1029.8.36.0.84;

“eligible expenses” has the meaning assigned by section 1029.8.36.0.84;

“filing period” has the meaning assigned by the first paragraph of section 1029.8.36.0.84;

“strategic building” has the meaning assigned by the first paragraph of section 1029.8.36.0.84.

2002, c. 9, s. 124; 2007, c. 12, s. 304.

1129.4.29. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.85, on account of its tax payable for a particular taxation year under Part I, in relation to eligible expenses incurred in the particular year in respect of a strategic building, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.85 or 1029.8.36.0.89, in relation to the eligible expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.0.85 or 1029.8.36.0.89, in relation to the eligible expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section or section 1129.4.30 for a taxation year preceding the repayment year, in relation to the eligible expenses.

However, no tax is payable under this section if section 1129.4.30.1 applies in respect of the strategic building for the repayment year or for a preceding taxation year.

2002, c. 9, s. 124; 2002, c. 40, s. 268.

1129.4.30. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.85, on account of its tax payable for a taxation year under Part I, in relation to the eligible expenses incurred in the taxation year in respect of a strategic building, shall pay the tax referred to in the second paragraph for a taxation year of its filing period, in this section referred to as the “particular year”, in respect of which the corporation fails to file the qualification certificate relating to the strategic building with the Minister as required by section 1029.8.36.0.87, for the particular year.

The tax to which the first paragraph refers is equal to,

(a)  where the particular year is one of the first five taxation years of the corporation’s filing period, the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.0.85 or 1029.8.36.0.89, in relation to the eligible expenses, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.29 for the particular year or for a preceding taxation year, in relation to the eligible expenses; or

(b)  where the particular year is one of the last four years of the corporation’s filing period, the amount determined by the formula

A × [(10 − B) × 20] / 100.

In the formula provided for in subparagraph b of the second paragraph,

(a)  A is the amount that would be determined under subparagraph a of the second paragraph, if that subparagraph applied to the particular year; and

(b)  B is the number of taxation years, including the particular year, following the taxation year that includes the completion date of the work.

However, no tax is payable under this section if the section applied in respect of the strategic building for a taxation year preceding the particular year or if section 1129.4.30.1 applies in respect of the building for the particular year or for a preceding taxation year.

2002, c. 9, s. 124; 2002, c. 40, s. 268; 2004, c. 21, s. 462; 2007, c. 12, s. 250.

1129.4.30.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.85, on account of its tax payable for a taxation year under Part I, in relation to eligible expenses incurred in respect of a strategic building in the taxation year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “particular year”, in which Investissement Québec revokes a qualified certificate that had been issued to the corporation in respect of the strategic building.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.85 or 1029.8.36.0.89, in relation to the eligible expenses, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under section 1129.4.29 or 1129.4.30, for a taxation year preceding the particular year, in relation to the eligible expenses.

2002, c. 40, s. 269; 2005, c. 23, s. 248.

1129.4.31. For the purposes of Part I, except Division II.6.0.7 of Chapter III.1 of Title III of Book IX, the tax paid at any time by a corporation to the Minister under any of sections 1129.4.29, 1129.4.30 and 1129.4.30.1, in relation to eligible expenses in respect of a strategic building is deemed to be an amount of assistance repaid at that time by the corporation in respect of the expenses, pursuant to a legal obligation.

2002, c. 9, s. 124; 2002, c. 40, s. 270.

1129.4.32. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 124.

PART III.2 SPECIAL TAX IN RESPECT OF QUALIFYING NON-GUARANTEED CONVERTIBLE SECURITIES

1992, c. 1, s. 204.

BOOK I DEFINITIONS

1992, c. 1, s. 204.

1129.5. In this Part,

“non-guaranteed convertible security” has the meaning assigned by paragraph j.4 of section 965.1;

“non-guaranteed convertible security issue” has the meaning assigned by paragraph g.1 of section 965.1;

“qualifying non-guaranteed convertible security” has the meaning assigned by paragraph j.5 of section 965.1.

1992, c. 1, s. 204; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 271; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF THE TAX

1992, c. 1, s. 204.

1129.6. Where a particular corporation has issued a qualifying non-guaranteed convertible security that may be redeemed or repaid by the particular corporation or purchased by anyone in any manner whatever, under the conditions pertaining to its issue, and, before the maturity date of the security or, if there is none, before the date that is 1,825 days after the date of its issue, the security, referred to in this section as a “reference security”, or an accepted security, has not been either replaced by a security other than an accepted security, or redeemed or repaid by the particular corporation or, where the accepted security has been issued by another corporation, by the other corporation, or purchased by anyone in any manner whatever, the particular corporation, or the other corporation, as the case may be, shall pay, in respect of the reference security or the accepted security, as the case may be, except in the case provided for in section 1129.9 or 1129.10, a tax equal to the amount determined under section 1129.7 in respect of the security, for its taxation year in which

(a)  the reference security or accepted security, as the case may be, becomes due, where it carried a maturity date, or

(b)  the date that is 1,825 days after the date of issue of the reference security occurs, where the reference security, or the accepted security, as the case may be, carried no maturity date.

1992, c. 1, s. 204; 1997, c. 3, s. 71.

1129.7. The amount of the tax referred to in section 1129.6 in respect of a reference security or accepted security, as the case may be, is equal to the amount determined in its respect by the formula

(A × B × C) + (A × B × C × D × E).

For the purposes of the formula set forth in the first paragraph,

(a)  A is 3%;

(b)  B is the fraction represented by the ratio between, on the one hand, the number of qualifying non-guaranteed convertible securities issued as part of the non-guaranteed convertible security issue to which the reference security relates, the custody of which has been entrusted to a dealer under a stock savings plan, which number must correspond to the fraction indicated to that effect by the particular corporation referred to in section 1129.6, in accordance with section 965.24.1.3, at the particular time referred to in the said section 1129.6 and, on the other hand, the total number of such qualifying non-guaranteed convertible securities issued as part of the non-guaranteed convertible security issue;

(c)  C is the par value of the reference security or, where section 1129.6 applies in respect of an accepted security issued as part of an issue of several accepted securities as a replacement for a reference security, the result obtained by dividing that par value by the number of such accepted securities so issued, referred to in this paragraph as the “new par value”, or, where section 1129.6 applies in respect of an accepted security issued as part of an issue of several securities in substitution for such a security so issued, the result obtained by dividing the new par value by the number of such accepted securities so issued;

(d)  D is the rate calculated in accordance with section 1129.8 in respect of the non-guaranteed convertible security issue as part of which the reference security was issued;

(e)  E is the number of full calendar years included in the period beginning on 1 January in the year following that in which the receipt for the final prospectus pertaining to the non-guaranteed convertible security issue as part of which the reference security was granted and ending either on the date of the occurrence referred to in paragraph a of section 1129.6 or on the date referred to in paragraph b of the said section, as the case may be.

1992, c. 1, s. 204; 1997, c. 3, s. 71.

1129.8. The rate to which subparagraph d of the second paragraph of section 1129.7 refers in respect of a non-guaranteed convertible security issue to which a qualifying non-guaranteed convertible security relates is equal to the long-term average weighted bond yield for the provinces as indicated in the Weekly Financial Statistics of the Bank of Canada for the third week preceding that during which

(a)  a favourable advance ruling was granted by the Ministère du Revenu in respect of the issue; or

(b)  the receipt for the final prospectus relating to the issue was granted, where the issue is by means of a simplified prospectus.

The Ministère du Revenu shall confirm the applicable rate in the advance ruling referred to in subparagraph a of the first paragraph.

1992, c. 1, s. 204; 1995, c. 1, s. 184; 1998, c. 16, s. 244.

1129.9. Section 1129.6 does not apply in respect of a reference security or accepted security referred to therein that is replaced, redeemed or repaid at maturity where, under the conditions pertaining to its issue, the consideration received by its holder consists only in shares identical, as to the number and the terms and conditions, rights or other characteristics attached thereto, to those that he would have obtained had he exercised the conversion right conferred on him by the security.

1992, c. 1, s. 204.

1129.10. Section 1129.6 does not apply in respect of a reference security or accepted security referred to therein where, under the conditions pertaining to its issue, the consideration which its holder is entitled to receive at the time of redemption, repayment or replacement, as the case may be, consists only in shares identical, as to the number and the terms and conditions, rights or other characteristics attached thereto, to those he would be entitled to obtain if he exercised the conversion right conferred on him by the security.

1992, c. 1, s. 204.

1129.11. For the purposes of this Book, an accepted security is a particular security issued by a corporation, following a transaction described in section 536, 541 or 544, as a replacement for a qualifying non-guaranteed convertible security, referred to in this section as a “replaced security”, or in substitution for such a security so issued, and meeting the requirements set forth in its respect in the second paragraph.

The requirements referred to in the first paragraph, in respect of a particular security, are as follows:

(a)  the conditions pertaining to its issue provide that it may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever;

(b)  it is identical, as to the conditions, rights or other characteristics attached thereto, to the replaced security;

(c)  it carries no maturity date if the replaced security carried none, and if the replaced security carried a maturity date, it carries the same one.

1992, c. 1, s. 204; 1997, c. 3, s. 71.

BOOK III MISCELLANEOUS PROVISIONS

1992, c. 1, s. 204.

1129.12. Except where inconsistent with this Part, sections 1.2 and 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1992, c. 1, s. 204; 1993, c. 64, s. 188; 1995, c. 49, s. 236; 1995, c. 63, s. 261.

PART III.2.1 SPECIAL TAX RELATING TO PREFERRED SHARES OF REGIONAL VENTURE CAPITAL CORPORATIONS

1997, c. 85, s. 303.

BOOK I DEFINITION

1997, c. 85, s. 303; 2007, c. 12, s. 251.

1129.12.1. In this Part, “public share issue” has the meaning assigned by paragraph h of section 965.1.

1997, c. 85, s. 303; 2002, c. 40, s. 272; 2007, c. 12, s. 251.

BOOK II TAX LIABILITY AND AMOUNT OF TAX

1997, c. 85, s. 303.

1129.12.2. Where a particular corporation referred to in section 965.11.7.1 has issued a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 that may be redeemed or repaid by the particular corporation or purchased by anyone in any manner whatever, under the conditions pertaining to its issue, and, before the date that is 1,825 days after the date of its issue, the share, referred to in this section as a “reference share”, or a replaced share, has not been either replaced by a share other than a replaced share, or redeemed or repaid by the particular corporation or, where the replaced share has been issued by another corporation, by the other corporation, or purchased by anyone in any manner whatever, the particular corporation, or the other corporation, as the case may be, shall pay, in respect of the reference share or the replaced share, as the case may be, except in the case provided for in section 1129.12.5, a tax equal to the amount determined under section 1129.12.3 in respect of the reference share or replaced share, for its taxation year in which the date that is 1,825 days after the date of issue of the reference share occurs.

1997, c. 85, s. 303; 1999, c. 83, s. 273.

1129.12.3. The amount of the tax referred to in section 1129.12.2 in respect of a reference share or replaced share, as the case may be, is equal to the amount determined in its respect by the formula

(A × B × C) + (A × B × C × D × E).

For the purposes of the formula in the first paragraph,

(a)  A is 3%;

(b)  B is the fraction represented by the ratio between, on the one hand, the number of preferred shares meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 issued as part of the public share issue within the framework of which the reference share was issued, the custody of which has been entrusted to a dealer under a stock savings plan, which number must correspond to the fraction indicated to that effect by the particular corporation referred to in section 1129.12.2, in accordance with section 965.24.1.4, at the particular time referred to in the said section 1129.12.2 and, on the other hand, the total number of such preferred shares issued as part of the issue;

(c)  C is the par value of the reference share or, where section 1129.12.2 applies in respect of a replaced share issued as part of an issue of several replaced shares as a replacement for a reference share, the result obtained by dividing that par value by the number of such replaced shares so issued, referred to in this subparagraph as the “new par value”, or, where section 1129.12.2 applies in respect of a replaced share issued as part of an issue of several shares in substitution for such a share so issued, the result obtained by dividing the new par value by the number of such replaced shares so issued;

(d)  D is the rate calculated in accordance with section 1129.12.4 in respect of the public share issue as part of which the reference share was issued; and

(e)  E is the number of full calendar years included in the period beginning on 1 January in the year following that in which was granted the receipt for the final prospectus or the exemption from filing a prospectus pertaining to the public share issue as part of which the reference share was issued and ending on the date that is 1,825 days after the date of issue of the reference share.

1997, c. 85, s. 303; 1999, c. 83, s. 273.

1129.12.4. The rate to which subparagraph d of the second paragraph of section 1129.12.3 refers in respect of a public share issue as part of which a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5 was issued is equal to the long-term average weighted bond yield for the provinces as indicated in the Weekly Financial Statistics of the Bank of Canada for the third week preceding that during which a favourable advance ruling was granted by the Ministère du Revenu in respect of the issue.

The Ministère du Revenu shall confirm the applicable rate in the advance ruling referred to in the first paragraph.

1997, c. 85, s. 303; 1998, c. 16, s. 245; 1999, c. 83, s. 273.

1129.12.5. Section 1129.12.2 does not apply in respect of a reference share or replaced share referred to therein where, under the conditions pertaining to its issue, the consideration which its holder is entitled to receive at the time of redemption, repayment or replacement, as the case may be, consists only in shares identical, as to the number and the terms and conditions, rights or other characteristics attached thereto, to those the holder would be entitled to obtain in exercising the conversion right conferred on the holder by the reference share or replaced share, as the case may be.

1997, c. 85, s. 303.

1129.12.6. For the purposes of this Book, a replaced share is a particular share issued by a corporation referred to in section 965.11.7.1, following a transaction described in section 536, 541 or 544, as a replacement for a preferred share meeting the requirements set forth in paragraph b of section 965.9.1.0.4.2 or 965.9.1.0.5, referred to in this section as a “replaced share”, or in substitution for such a share so issued, and meeting the requirements set forth in its respect in the second paragraph.

The requirements referred to in the first paragraph, in respect of a particular share, are as follows:

(a)  the conditions pertaining to its issue provide that it may be redeemed or repaid by the corporation or purchased by anyone in any manner whatever;

(b)  it is identical, as to the terms and conditions, rights or other characteristics attached thereto, to the replaced share.

1997, c. 85, s. 303; 1999, c. 83, s. 273.

BOOK III MISCELLANEOUS PROVISIONS

1997, c. 85, s. 303.

1129.12.7. Except where inconsistent with this Part, sections 1.2 and 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1997, c. 85, s. 303.

PART III.2.2 SPECIAL TAX RELATING TO THE SECOND COOPERATIVE INVESTMENT PLAN

2006, c. 37, s. 52.

1129.12.8. In this Part,

“qualification certificate” means a qualification certificate issued under section 11 of the Cooperative Investment Plan Act (chapter R-8.1.1);

“qualified cooperative” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualified federation of cooperatives” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualifying security” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act.

2006, c. 37, s. 52; 2007, c. 12, s. 304.

1129.12.9. If a qualified cooperative or qualified federation of cooperatives that holds a qualification certificate has issued qualifying securities in a year, it shall pay tax for that year equal to 30% of the proceeds from the issue of those securities if, at the end of the fiscal period that ended in the calendar year that precedes that year, it does not meet the conditions set out in any of subparagraphs 1 to 5 of the first paragraph of section 3 of the Cooperative Investment Plan Act (chapter R-8.1.1), subparagraph 1 or 2 of the second paragraph of that section 3 or any of subparagraphs 1 to 5 of section 4 of that Act, as the case may be.

2006, c. 37, s. 52.

1129.12.10. If a qualified cooperative or qualified federation of cooperatives is required to pay tax for a calendar year under this Part, it shall, on or before 31 March of the calendar year that follows the calendar year for which the tax is payable,

(a)  file with the Minister, without notice or demand, a return under this Part for that year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2006, c. 37, s. 52; 2009, c. 15, s. 392.

1129.12.11. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

2006, c. 37, s. 52.

PART III.2.3 SPECIAL TAX TO ENSURE THE INTEGRITY OF THE SECOND COOPERATIVE INVESTMENT PLAN

2006, c. 37, s. 52.

1129.12.12. In this Part,

“investment under the plan” means any investment held by a qualified cooperative in the form of a share of the capital stock of the corporation that employs its members, or of a debenture issued by the corporation, provided that the debenture was held continuously by the cooperative throughout a 120-day period including the determination time of investments in the corporation;

“determination time of investments” in a corporation means

(a)  in the case of subparagraph a of the second paragraph of section 1129.12.14, the end of the particular calendar year referred to in the first paragraph of that section;

(b)  in the case of subparagraph b of the second paragraph of section 1129.12.14, the time immediately preceding the time at which the qualified cooperative is issued its first qualification certificate; and

(c)  in the case of subparagraph c of the second paragraph of section 1129.12.14, the transition time applicable to the qualified cooperative;

“qualification certificate” means a qualification certificate issued under section 11 of the Cooperative Investment Plan Act (chapter R-8.1.1);

“qualified cooperative” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualifying security” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“specified percentage” means,

(a)  if the cooperative was established before 24 March 2006 and the particular calendar year referred to in section 1129.12.13 precedes the year 2012 and is not a year in which the cooperative made an investment under the plan, other than such an investment made before that date, a percentage of 165%; and

(b)  in any other case, a percentage of 115%;

“transition time” applicable to a qualified cooperative means the time that immediately precedes 1 January 2012 or, if it is earlier, the time that immediately precedes the acquisition, after 23 March 2006, of an investment under the plan by the qualified cooperative.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2006, c. 37, s. 52; 2007, c. 12, s. 304.

1129.12.13. If, in a particular calendar year, a qualified cooperative that is a shareholding workers cooperative, within the meaning of the first paragraph of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1), and that holds a qualification certificate has issued qualifying securities, redeemed securities issued under that Act or under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01), acquired an investment under the plan, or disposed of such an investment, the qualified cooperative shall pay tax for that year equal to the regulation amount determined under section 1129.12.14.

2006, c. 37, s. 52.

1129.12.14. The regulation amount to which section 1129.12.13 refers in respect of a qualified cooperative for a particular calendar year is equal to the amount determined by the formula

30% [A − (B + C)] + D − E.

In the formula in the first paragraph,

(a)  A is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan Act (chapter R-8.1.1) and under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation (chapter M-30.01) and that are outstanding at the end of the particular calendar year, exceeds an amount equal to the result obtained by applying the specified percentage for the year to the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative holds at the determination time of investments;

(b)  B is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation and that are outstanding immediately before the issue to the qualified cooperative of its first qualification certificate, exceeds the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments under the plan that the qualified cooperative held at the determination time of investments;

(c)  C is the amount by which the aggregate of the amounts paid in respect of the securities that are issued by the qualified cooperative under the Cooperative Investment Plan Act and under the Cooperative Investment Plan adopted under the Act respecting the Ministère du Développement économique, de l’Innovation et de l’Exportation and that are outstanding at the transition time applicable to the qualified cooperative, up to an amount equal to 165% of the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments concerned that the cooperative holds at the determination time of investments, exceeds an amount equal to 115% of the acquisition cost, determined without taking into account the borrowing costs and the other costs related to their acquisition, of the aggregate of the investments concerned that the cooperative holds at the determination time of investments;

(d)  D is the aggregate of all amounts each of which is an amount that the qualified cooperative is deemed to have paid to the Minister under Division II.6.5.5 of Chapter III.1 of Title III of Book IX of Part I, on account of its tax payable under this Part for a taxation year preceding its taxation year in which the particular calendar year ends;

(e)  E is the aggregate of all amounts each of which is a tax that the qualified cooperative is required to pay under this Part for a calendar year preceding the particular calendar year; and

(f)  the result of the addition of the amounts that B and C represent may not be greater than the excess amount determined under subparagraph a.

2006, c. 37, s. 52.

1129.12.15. If a qualified cooperative is required to pay tax for a calendar year under this Part, it shall, on or before 31 March of the calendar year that follows the calendar year for which the tax is payable,

(a)  file with the Minister, without notice or demand, a return under this Part for that year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2006, c. 37, s. 52; 2009, c. 15, s. 393.

1129.12.16. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

2006, c. 37, s. 52.

PART III.2.4 SPECIAL TAX RELATING TO AN ALLOWABLE REDEMPTION OR REPAYMENT UNDER THE SECOND COOPERATIVE INVESTMENT PLAN

2006, c. 37, s. 52.

1129.12.17. In this Part,

“allowable redemption or repayment” means an allowable redemption or repayment within the meaning of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1);

“eligible member” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualification certificate” means a qualification certificate issued under section 11 of the Cooperative Investment Plan Act;

“qualified cooperative” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualified federation of cooperatives” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act;

“qualifying security” has the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2006, c. 37, s. 52; 2007, c. 12, s. 304.

1129.12.18. If a qualifying security is the subject of an allowable redemption or repayment by a qualified cooperative or qualified federation of cooperatives before 24 June 2009, otherwise than under the circumstances to which section 1129.12.19 applies, the individual referred to in section 965.39.4, the person to whom, where applicable, the security devolved as a consequence of the individual’s death, or a trust holding the security and that is governed by a registered retirement savings plan or by a registered retirement income fund the annuitant of which is the individual, is required to pay, for the taxation year in which the redemption or repayment is made, a tax equal to the amount determined by the formula

[(1,826 − A) / 1,826] × B.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed or repaid; and

(b)  B is the lesser of

i.  25% of the acquisition cost of the qualifying security, determined without taking into account the borrowing costs and the other costs related to their acquisition, for the individual or the trust governed by a registered retirement savings plan of which the individual was the annuitant on acquiring the security, and

ii.  the amount paid by the qualified cooperative or qualified federation of cooperatives for the redemption or repayment of the security.

2006, c. 37, s. 52; 2010, c. 25, s. 208.

1129.12.19. If a qualifying security held by a partnership is the subject of an allowable redemption or repayment by a qualified cooperative or qualified federation of cooperatives before 24 June 2009, an individual who is a member of the partnership at the end of the partnership’s fiscal period in which the redemption or repayment is made, is required to pay, for the taxation year in which the fiscal period ends, a tax equal to the amount determined by the formula

[(1,826 − A)/1,826] × B × C.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed or repaid;

(b)  B is the lesser of

i.  25% of the acquisition cost of the qualifying security to the partnership, and

ii.  the amount paid by the qualified cooperative or qualified federation of cooperatives for the redemption or repayment of the security; and

(c)  C is the agreed proportion in respect of the individual for the fiscal period referred to in the first paragraph.

For the purposes of this section, the acquisition cost of the qualifying security to the partnership is the aggregate of the costs determined in respect of the partnership’s eligible members in accordance with section 965.39.5, without taking into account the borrowing costs and the other costs related to its acquisition.

2006, c. 37, s. 52; 2009, c. 15, s. 394; 2010, c. 5, s. 193; 2010, c. 25, s. 209.

1129.12.20. If a qualified cooperative or qualified federation of cooperatives redeems or repays a qualifying security in respect of which tax is payable under section 1129.12.18 or 1129.12.19, the following rules apply:

(a)  the qualified cooperative or qualified federation of cooperatives is required to withhold the amount of tax, on behalf of the person who is liable to pay the tax, from the amount it pays or credits to that person because of the redemption or repayment of the security; and

(b)  the qualified cooperative or qualified federation of cooperatives is required to pay to the Minister the amount so withheld on behalf of that person within 30 days following the day on which the security is redeemed or repaid.

2006, c. 37, s. 52.

1129.12.21. Every qualified cooperative or qualified federation of cooperatives is required to pay, on behalf of the person who is liable to pay the tax referred to in section 1129.12.18 or 1129.12.19, any amount that the cooperative or federation of cooperatives did not withhold under section 1129.12.20, and it is authorized to recover the amount so paid from that person.

2006, c. 37, s. 52.

1129.12.22. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2006, c. 37, s. 52.

PART III.2.5 SPECIAL TAX RELATING TO A REDEMPTION UNDER THE FIRST COOPERATIVE INVESTMENT PLAN

2010, c. 25, s. 210.

1129.12.23. In this Part,

“cooperative investment plan” means the cooperative investment plan enacted by Order in Council 1596-85 (1985, G.O. 2, 5580, in French only);

“qualified cooperative” has the meaning assigned by the cooperative investment plan;

“qualifying security” has the meaning assigned by section 6 of the cooperative investment plan.

2010, c. 25, s. 210.

1129.12.24. Every qualified cooperative that carries out, after 23 June 2009 and before 1 January 2010, a block redemption of all of the outstanding qualifying securities it issued under the cooperative investment plan is required to pay for the calendar year 2009 a tax equal to 50% of the aggregate of all amounts each of which is the amount determined by the following formula in respect of each of those qualifying securities, unless the block redemption is described in the third paragraph:

[(1,826 - A)/1,826] × B.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed; and

(b)  B is the amount paid by the qualified cooperative for the redemption of the qualifying security.

The block redemption to which the first paragraph refers means a block redemption that

(a)  meets the requirements of section 8 of the cooperative investment plan in relation to an increase in the reserve;

(b)  is covered by an exemption granted by the Minister of Economic Development, Innovation and Export Trade under the first paragraph of section 10.3 of the cooperative investment plan; or

(c)  is an exchange operation described in the fourth paragraph.

The exchange operation to which subparagraph c of the third paragraph refers is a conversion of securities, an amalgamation or a reorganization of the capital stock, at the end of which a qualifying security is exchanged for consideration consisting only of preferred shares or fractions of such shares that meet the requirements of paragraphs 3 and 5 of section 6 of the cooperative investment plan.

2010, c. 25, s. 210.

1129.12.25. If a qualified cooperative is required to pay tax for the calendar year 2009 under section 1129.12.24, it shall, on or before 31 March 2010,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2010, c. 25, s. 210.

1129.12.26. Subject to section 1129.12.28, if a qualifying security issued under the cooperative investment plan is the subject of a redemption by a qualified cooperative after 23 June 2009, otherwise than under the circumstances to which section 1129.12.27 applies, the individual referred to in section 965.37, the person to whom, if applicable, the security devolved as a consequence of the individual’s death, or a trust holding the security and that is governed by a registered retirement savings plan or by a registered retirement income fund the annuitant of which is the individual, is required to pay, for the taxation year in which the redemption is made, a tax equal to the amount determined by the formula

[(1,826 - A)/1,826] × B.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed; and

(b)  B is the lesser of

i.  25% of the acquisition cost of the qualifying security—determined without taking into account the borrowing costs and the other costs related to its acquisition—to the individual or the trust governed by a registered retirement savings plan of which the individual was the annuitant on acquiring the security, and

ii.  the amount paid by the qualified cooperative for the redemption of the qualifying security.

2010, c. 25, s. 210.

1129.12.27. Subject to section 1129.12.28, if a qualifying security issued under the cooperative investment plan and held by a partnership is the subject of a redemption by a qualified cooperative after 23 June 2009, an individual who is a member of the partnership at the end of the partnership’s fiscal period in which the redemption is made, is required to pay, for the taxation year in which the fiscal period ends, a tax equal to the amount determined by the formula

[(1,826 - A)/1,826] × B × C.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed;

(b)  B is the lesser of

i.  25% of the acquisition cost of the qualifying security to the partnership, and

ii.  the amount paid by the qualified cooperative for the redemption of the qualifying security; and

(c)  C is the agreed proportion in respect of the individual for the fiscal period referred to in the first paragraph.

For the purposes of this section, the acquisition cost of the qualifying security to the partnership is the aggregate of the costs determined in respect of the partnership’s members in accordance with section 965.37.1, without taking into account the borrowing costs and the other costs related to its acquisition.

2010, c. 25, s. 210.

1129.12.28. Sections 1129.12.26 and 1129.12.27 do not apply in respect of the redemption of a qualifying security of a qualified cooperative issued under the cooperative investment plan, if the redemption meets the requirements of section 4 of the plan or is made as part of a block redemption of all the outstanding qualifying securities of the cooperative.

2010, c. 25, s. 210.

1129.12.29. If a qualified cooperative redeems a qualifying security in respect of which tax is payable under section 1129.12.26 or 1129.12.27, the following rules apply:

(a)  the qualified cooperative is required to withhold the amount of tax, on behalf of the person who is liable to pay the tax, from the amount it pays or credits to that person because of the redemption of the security; and

(b)  the qualified cooperative is required to pay to the Minister the amount so withheld on behalf of that person within 30 days following the day on which the security is redeemed.

2010, c. 25, s. 210.

1129.12.30. Every qualified cooperative is required to pay, on behalf of the person who is liable to pay the tax referred to in section 1129.12.26 or 1129.12.27, any amount that the cooperative did not withhold under section 1129.12.29, and it is authorized to recover the amount so paid from that person.

2010, c. 25, s. 210.

1129.12.31. Unless otherwise provided in this Part, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, and sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2010, c. 25, s. 210.

PART III.2.6 SPECIAL TAX RELATING TO A REDEMPTION UNDER THE SECOND COOPERATIVE INVESTMENT PLAN

2010, c. 25, s. 210.

1129.12.32. In this Part, “eligible member”, “qualified cooperative”, “qualified federation of cooperatives” and “qualifying security” have the meaning assigned by the first paragraph of section 2 of the Cooperative Investment Plan Act (chapter R-8.1.1).

2010, c. 25, s. 210.

1129.12.33. Every qualified cooperative or qualified federation of cooperatives that carries out, in a calendar year and after 23 June 2009, a block redemption or repayment of all of the outstanding qualifying securities it issued under the Cooperative Investment Plan Act (chapter R-8.1.1), is required to pay for that year a tax equal to 30% of the aggregate of all amounts each of which is the amount determined by the following formula in respect of each of those qualifying securities, unless the block redemption or repayment is an exchange operation described in the third paragraph:

[(1,826 - A)/1,826] × B

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed or repaid; and

(b)  B is the amount paid by the qualified cooperative or qualified federation of cooperatives for the redemption or repayment of the qualifying security.

The exchange operation to which the first paragraph refers is a conversion of securities, an amalgamation or a reorganization of the capital stock, at the end of which a qualifying security is exchanged for consideration consisting only of preferred shares or fractions of such shares that meet the requirements of paragraphs 3 and 4 of section 6 of the Cooperative Investment Plan Act.

2010, c. 25, s. 210.

1129.12.34. If a qualified cooperative or qualified federation of cooperatives is required to pay tax for a calendar year under section 1129.12.33, it shall, on or before 31 March of the calendar year that follows the calendar year for which the tax is payable,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2010, c. 25, s. 210.

1129.12.35. If a qualifying security is the subject of a redemption or repayment by a qualified cooperative or qualified federation of cooperatives after 23 June 2009, otherwise than under the circumstances to which section 1129.12.36 applies, the individual referred to in section 965.39.4, the person to whom, if applicable, the security devolved as a consequence of the individual’s death, or a trust holding the security and that is governed by a registered retirement savings plan or by a registered retirement income fund the annuitant of which is the individual, is required to pay, for the taxation year in which the redemption or repayment is made, a tax equal to the amount determined by the following formula, unless the redemption or repayment is made as part of the block redemption or repayment of all of the outstanding qualifying securities of the qualified cooperative or qualified federation of cooperatives, as the case may be:

[(1,826 - A)/1,826] × B.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed or repaid; and

(b)  B is the lesser of

i.  the amount obtained by multiplying the rate specified in the third paragraph by the acquisition cost of the qualifying security—determined without taking into account the borrowing costs and the other costs related to its acquisition—to the individual or the trust governed by a registered retirement savings plan of which the individual was the annuitant on acquiring the security, and

ii.  the amount paid by the qualified cooperative or qualified federation of cooperatives for the redemption or repayment of the qualifying security.

The rate to which subparagraph i of subparagraph b of the second paragraph refers is 25% if the redemption or repayment complies with the requirements of section 7 of the Cooperative Investment Plan Act (chapter R-8.1.1), and 30% in any other case.

2010, c. 25, s. 210.

1129.12.36. If a qualifying security held by a partnership is the subject of a redemption or repayment by a qualified cooperative or qualified federation of cooperatives after 23 June 2009, an individual who is a member of the partnership at the end of the partnership’s fiscal period in which the redemption or repayment is made, is required to pay, for the taxation year in which the fiscal period ends, a tax equal to the amount determined by the following formula, unless the redemption or repayment is made as part of the block redemption or repayment of all of the outstanding qualifying securities of the qualified cooperative or qualified federation of cooperatives, as the case may be:

[(1,826 - A)/1,826] × B × C.

In the formula in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the qualifying security referred to in the first paragraph and that ends on the day on which the qualifying security is redeemed or repaid;

(b)  B is the lesser of

i.  the amount obtained by multiplying the rate specified in the third paragraph by the acquisition cost of the qualifying security—determined without taking into account the borrowing costs and the other costs related to its acquisition—to the partnership, and

ii.  the amount paid by the qualified cooperative or qualified federation of cooperatives for the redemption or repayment of the qualifying security; and

(c)  C is the agreed proportion in respect of the individual for the fiscal period referred to in the first paragraph.

The rate to which subparagraph i of subparagraph b of the second paragraph refers is 25% if the redemption or repayment complies with the requirements of section 7 of the Cooperative Investment Plan Act (chapter R-8.1.1), and 30% in any other case.

For the purposes of this section, the acquisition cost of the qualifying security to the partnership is the aggregate of the costs determined in respect of the partnership’s eligible members in accordance with section 965.39.5, without taking into account the borrowing costs and the other costs related to its acquisition.

2010, c. 25, s. 210.

1129.12.37. If a qualified cooperative or qualified federation of cooperatives redeems or repays a qualifying security in respect of which tax is payable under section 1129.12.35 or 1129.12.36, the following rules apply:

(a)  the qualified cooperative or qualified federation of cooperatives is required to withhold the amount of tax, on behalf of the person who is liable to pay the tax, from the amount it pays or credits to that person because of the redemption or repayment of the security; and

(b)  the qualified cooperative or qualified federation of cooperatives is required to pay to the Minister the amount so withheld on behalf of that person within 30 days following the day on which the security is redeemed or repaid.

2010, c. 25, s. 210.

1129.12.38. Every qualified cooperative or qualified federation of cooperatives is required to pay, on behalf of the person who is liable to pay the tax referred to in section 1129.12.35 or 1129.12.36, any amount that the cooperative or federation of cooperatives did not withhold under section 1129.12.37, and it is authorized to recover the amount so paid from that person.

2010, c. 25, s. 210.

1129.12.39. Unless otherwise provided in this Part, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, and sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2010, c. 25, s. 210.

PART III.3

Repealed, 2002, c. 40, s. 273.

1992, c. 1, s. 204; 2002, c. 40, s. 273.

BOOK I

Repealed, 2002, c. 40, s. 273.

1992, c. 1, s. 204; 2002, c. 40, s. 273.

1129.13. (Repealed).

1992, c. 1, s. 204; 1995, c. 1, s. 185; 1995, c. 63, s. 230; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 273.

BOOK II

Repealed, 2002, c. 40, s. 273.

1992, c. 1, s. 204; 2002, c. 40, s. 273.

1129.14. (Repealed).

1992, c. 1, s. 204; 1993, c. 64, s. 189; 1994, c. 16, s. 51; 1995, c. 1, s. 186; 1995, c. 63, s. 231; 1997, c. 3, s. 71; 1998, c. 17, s. 64; 1999, c. 8, s. 20; 2001, c. 69, s. 12; 2002, c. 40, s. 273.

1129.14.1. (Repealed).

1995, c. 1, s. 187; 1995, c. 63, s. 232; 1997, c. 3, s. 71; 2002, c. 40, s. 273.

BOOK III

Repealed, 2002, c. 40, s. 273.

1992, c. 1, s. 204; 2002, c. 40, s. 273.

1129.15. (Repealed).

1992, c. 1, s. 204; 1993, c. 64, s. 190; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 2002, c. 40, s. 273.

PART III.4 SPECIAL TAX RELATING TO THE DISPOSITION OF CERTAIN PROPERTY BY AN ARCHIVAL CENTRE OR A MUSEUM

1993, c. 19, s. 144.

BOOK I DEFINITIONS

1993, c. 19, s. 144.

1129.16. In this Part,

“certified archival centre” has the meaning assigned by section 1;

“eligible entity” means

(a)  a certified archival centre;

(b)  a recognized museum; or

(c)  an institution or a public authority in Canada designated, under subsection 2 of section 32 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51), generally or for a specified purpose related to the property referred to in section 1129.17;

“recognized museum” has the meaning assigned by section 1.

1993, c. 19, s. 144; 2002, c. 40, s. 274; 2006, c. 36, s. 231; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

1993, c. 19, s. 144.

1129.17. If an archival centre or a museum disposes of a property within nine years after the day the centre or museum acquired it and if the centre or museum was, at the time of the acquisition, a certified archival centre, a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44) or a recognized museum and the property was a property in respect of which the Commission des biens culturels du Québec issued a certificate stating that the property was acquired by the centre or museum in accordance with its acquisition and conservation policy and with the directives of the Ministère de la Culture et des Communications, the centre or museum shall pay, for the year in which the property was disposed of, tax equal to 30% of the fair market value of the property at the time of the disposition, unless the property is disposed of to an entity that is, at that time, an eligible entity.

1993, c. 19, s. 144; 1995, c. 1, s. 199; 1996, c. 39, s. 269; 2001, c. 53, s. 253; 2006, c. 36, s. 232.

1129.18. Where an archival centre or a museum must, for a year, pay tax under this Part, it shall, within 90 days after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

1993, c. 19, s. 144; 2009, c. 15, s. 395.

BOOK III MISCELLANEOUS PROVISIONS

1993, c. 19, s. 144.

1129.19. Unless otherwise provided in this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

1993, c. 19, s. 144; 1995, c. 1, s. 362; 1995, c. 63, s. 261; 1997, c. 85, s. 304.

PART III.5 SPECIAL TAX RELATING TO THE DISPOSITION OF CERTAIN PROPERTY BY AN INSTITUTION OR PUBLIC AUTHORITY

1993, c. 19, s. 144.

BOOK I DEFINITION

1993, c. 19, s. 144; 2007, c. 12, s. 252.

1129.20. In this Part, “eligible entity” means

(a)  a certified archival centre, within the meaning of section 1;

(b)  a recognized museum, within the meaning of section 1; or

(c)  an institution or public authority in Canada which is designated, under subsection 2 of section 32 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51), generally or for a specified purpose related to the property referred to in section 1129.21.

1993, c. 19, s. 144; 1997, c. 14, s. 265; 2002, c. 40, s. 275; 2006, c. 36, s. 233; 2007, c. 12, s. 253.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

1993, c. 19, s. 144.

1129.21. Where an institution or public authority disposes of a property, other than a property described in subparagraph a of the third paragraph of section 232, within nine years after the day on which the institution or public authority, as the case may be, acquired it and where the institution or public authority, as the case may be, was, at the time of the acquisition, designated under subsection 2 of section 32 of the Cultural Property Export and Import Act (Revised Statutes of Canada, 1985, chapter C-51) generally or for a specified purpose related to the property and the property was, at the time of the acquisition, a property recognized in accordance with section 16 of the Cultural Property Act (chapter B-4) or classified in accordance with sections 24 to 29 of the latter Act, the institution or public authority, as the case may be, shall pay, for the year in which the property is disposed of, tax equal to 30% of the fair market value of the property at the time of the disposition, except where the property is disposed of to an entity which is, at that time, an eligible entity.

1993, c. 19, s. 144; 2001, c. 53, s. 254; 2003, c. 9, s. 400.

1129.22. Where an institution or public authority must, for a year, pay tax under this Part, it shall, within 90 days after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

1993, c. 19, s. 144; 2009, c. 15, s. 396.

BOOK III MISCELLANEOUS PROVISIONS

1993, c. 19, s. 144.

1129.23. Unless otherwise provided in this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

1993, c. 19, s. 144; 1995, c. 1, s. 362; 1995, c. 63, s. 261; 1997, c. 85, s. 305.

PART III.5.1 SPECIAL TAX RELATING TO RECOGNIZED ARTS ORGANIZATIONS

1997, c. 14, s. 266.

1129.23.1. In this Part,

“recognized arts organization” has the meaning assigned by section 1;

“taxation year” means a taxation year for the purposes of Chapter III.3 of Title I of Book VIII of Part I.

1997, c. 14, s. 266; 2007, c. 12, s. 304.

1129.23.2. A recognized arts organization that fails to comply with the requirement of section 985.28 in its respect for a taxation year shall pay for that year tax equal to the minimum additional amount it would have been required to expend in the year to comply with that requirement.

1997, c. 14, s. 266.

1129.23.3. Where a recognized arts organization is required to pay tax for a taxation year under this Part, it shall, within six months after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

1997, c. 14, s. 266; 2009, c. 15, s. 397.

1129.23.4. Except where inconsistent with this Part, sections 1001, 1002, 1005 to 1024 and 1031 to 1079.16 apply to this Part, with the necessary modifications.

1997, c. 14, s. 266.

PART III.5.1.1 SPECIAL TAX RELATING TO REGISTERED MUSEUMS

2006, c. 36, s. 234.

1129.23.4.1. In this Part,

“registered museum” has the meaning assigned by section 1;

“taxation year” means a taxation year for the purposes of Chapter III.3.1 of Title I of Book VIII of Part I.

2006, c. 36, s. 234; 2007, c. 12, s. 304.

1129.23.4.2. A registered museum that fails to comply with the requirement of section 985.35.3 in its respect for a taxation year shall pay, for that year, tax equal to the minimum additional amount it ought to have expended in that year to comply with that requirement.

2006, c. 36, s. 234.

1129.23.4.3. If a registered museum is required to pay tax for a taxation year under this Part, it shall, within six months after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2006, c. 36, s. 234; 2009, c. 15, s. 398.

1129.23.4.4. Except where inconsistent with this Part, sections 1001, 1002, 1005 to 1024 and 1031 to 1079.16 apply to this Part, with the necessary modifications.

2006, c. 36, s. 234.

PART III.5.1.2 SPECIAL TAX RELATING TO REGISTERED CULTURAL OR COMMUNICATIONS ORGANIZATIONS

2006, c. 36, s. 234.

1129.23.4.5. In this Part,

“registered cultural or communications organization” has the meaning assigned by section 1;

“taxation year” means a taxation year for the purposes of Chapter III.3.2 of Title I of Book VIII of Part I.

2006, c. 36, s. 234; 2007, c. 12, s. 304.

1129.23.4.6. A registered cultural or communications organization that fails to comply with the requirement of section 985.35.13 in its respect for a taxation year shall pay, for that year, tax equal to the minimum additional amount it ought to have expended in that year to comply with that requirement.

2006, c. 36, s. 234.

1129.23.4.7. If a registered cultural or communications organization is required to pay tax for a taxation year under this Part, it shall, within six months after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2006, c. 36, s. 234; 2009, c. 15, s. 399.

1129.23.4.8. Except where inconsistent with this Part, sections 1001, 1002, 1005 to 1024 and 1031 to 1079.16 apply to this Part, with the necessary modifications.

2006, c. 36, s. 234.

PART III.5.2 SPECIAL TAX RELATING TO RECOGNIZED POLITICAL EDUCATION ORGANIZATIONS

2004, c. 21, s. 463.

1129.23.5. In this Part,

“recognized political education organization” has the meaning assigned by section 985.36;

“taxation year” means a taxation year for the purposes of Chapter III.4 of Title I of Book VIII of Part I.

2004, c. 21, s. 463; 2007, c. 12, s. 304.

1129.23.6. A recognized political education organization that fails to comply with the requirement of section 985.37 in its respect for a taxation year shall pay for that year tax equal to the minimum additional amount it would have been required to expend in the year to comply with that requirement.

2004, c. 21, s. 463.

1129.23.7. Where a recognized political education organization is required to pay tax for a taxation year under this Part, it shall, within six months after the end of the year,

(a)  file with the Minister, without notice or demand, a return under this Part for the year in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2004, c. 21, s. 463; 2009, c. 15, s. 400.

1129.23.8. Except where inconsistent with this Part, sections 1001, 1002, 1005 to 1024 and 1031 to 1079.16 apply to this Part, with the necessary modifications.

2004, c. 21, s. 463.

PART III.6 SPECIAL TAX RELATING TO THE FONDS DE SOLIDARITÉ DES TRAVAILLEURS DU QUÉBEC

1993, c. 64, s. 191.

BOOK I DEFINITIONS

1993, c. 64, s. 191.

1129.24. In this Part,

“Fund” means the corporation governed by the Act to establish the Fonds de solidarité des travailleurs du Québec (F.T.Q.) (chapter F-3.2.1);

“share” means a class “A” share or a class “A” fractional share in the share capital of the Fund.

1993, c. 64, s. 191; 1995, c. 1, s. 188; 1997, c. 3, s. 71; 2000, c. 39, s. 239; 2002, c. 40, s. 276; 2007, c. 12, s. 304.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

1993, c. 64, s. 191.

1129.25. The Fund shall pay, for the period beginning on 2 March 1993 and ending on 1 March 1994, a tax equal to 20% of the amount by which the aggregate of all amounts each of which is an amount paid during that period for the purchase of a share as first purchaser exceeds $97,000,000.

1993, c. 64, s. 191; 1995, c. 1, s. 189.

1129.25.1. The Fund shall pay, for its taxation year beginning on 1 July 2003 and ending on 31 May 2004, a tax equal to 15% of the amount by which the aggregate of all amounts each of which is an amount paid during that year for the purchase of a share as first purchaser exceeds $550,000,000.

For the purposes of the first paragraph, an amount paid for the purchase of a share does not include the issue price paid in respect of the share.

2004, c. 21, s. 464.

1129.26. Where the Fund is required to pay tax under this Part for the period mentioned in section 1129.25, it shall, not later than 31 March of the calendar year in which the period ends,

(a)  file with the Minister, without notice or demand therefor, a return under this Part in prescribed form containing the prescribed information,

(b)  estimate, in the return, the amount of its tax payable under this Part for that period, and

(c)  pay to the Minister the amount of its tax payable under this Part for that period.

1993, c. 64, s. 191; 1995, c. 1, s. 190.

1129.26.1. Where the Fund is required to pay tax under this Part for the year referred to in section 1129.25.1, it shall, not later than the ninetieth day following the end of the year, pay to the Minister the amount of its tax payable under this Part for the year.

2004, c. 21, s. 465.

BOOK III MISCELLANEOUS PROVISIONS

1993, c. 64, s. 191.

1129.27. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

1993, c. 64, s. 191; 1995, c. 49, s. 236; 1995, c. 63, s. 261.

PART III.6.0.1 SPECIAL TAX RELATING TO FONDACTION, LE FONDS DE DÉVELOPPEMENT DE LA CONFÉDÉRATION DES SYNDICATS NATIONAUX POUR LA COOPÉRATION ET L’EMPLOI

2004, c. 21, s. 466.

1129.27.0.1. In this Part,

“Fund” means the corporation governed by the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (chapter F-3.1.2);

“share” means a class “A” or class “B” share or fractional share in the share capital of the Fund.

2004, c. 21, s. 466; 2007, c. 12, s. 304.

1129.27.0.2. The Fund shall pay, for its taxation year beginning on 1 June 2003 and ending on 31 May 2004, a tax equal to 15% of the amount by which the aggregate of all amounts each of which is an amount paid during that year for the purchase of a share as first purchaser exceeds $80,000,000.

For the purposes of the first paragraph, an amount paid for the purchase of a share does not include the issue price paid in respect of the share.

2004, c. 21, s. 466.

1129.27.0.2.1. The Fund shall pay, for a particular taxation year beginning after 31 May 2009 and ending on or before the last day of its taxation year in which the paid-up capital in respect of the shares of its capital stock first reaches 1.25 billion dollars, a tax equal to 25% of the amount by which the aggregate of all amounts each of which is an amount paid during that particular taxation year for the purchase of a share as first purchaser exceeds $150,000,000.

For the purposes of the first paragraph, an amount paid for the purchase of a share includes only the issue price paid in respect of the share.

2010, c. 5, s. 194.

1129.27.0.3. Where the Fund is required to pay tax under this Part for a year referred to in section 1129.27.0.2 or 1129.27.0.2.1, it shall, not later than the ninetieth day following the end of the year, pay to the Minister the amount of its tax payable under this Part for the year.

2004, c. 21, s. 466; 2010, c. 5, s. 195.

1129.27.0.4. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2004, c. 21, s. 466.

PART III.6.1 SPECIAL TAX RELATING TO SHARES ISSUED BY CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS ON OR BEFORE 28 FEBRUARY 2006

2002, c. 9, s. 125; 2006, c. 36, s. 235.

1129.27.1. In this Part,

“capitalization period” means a period within the liability period that is

(a)  the period that begins on 1 July 2001 and ends on 31 December 2001;

(b)  the period that begins on 1 January 2002 and ends on 28 February 2003;

(c)  the period that begins on 1 March 2003 and ends on 29 February 2004;

(d)  the period that begins on 31 March 2004 and ends on 28 February 2005; or

(e)  the period that begins on 1 March 2005 and ends on 28 February 2006;

“Corporation” means the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

“cumulative limit amount” applicable in respect of a capitalization period means

(a)  $150,000,000, in respect of the capitalization period that begins on 1 July 2001 and ends on 31 December 2001;

(b)  $300,000,000, in respect of the capitalization period that begins on 1 January 2002 and ends on 28 February 2003;

(c)  $375,000,000, in respect of the capitalization period that begins on 1 March 2003 and ends on 29 February 2004;

(d)  $475,000,000, in respect of the capitalization period that begins on 31 March 2004 and ends on 28 February 2005;

(e)  $575,000,000, in respect of the capitalization period that begins on 1 March 2005 and ends on 28 February 2006;

(f)  (paragraph repealed);

(g)  (paragraph repealed);

(h)  (paragraph repealed);

(i)  (paragraph repealed);

(j)  (paragraph repealed);

“liability period” means the period that begins on 1 July 2001 and ends on 28 February 2006;

“paid-up capital” has the meaning assigned by section 1;

“share” means a share or fraction of a share of the capital stock of the Corporation.

2002, c. 9, s. 125; 2002, c. 40, s. 277; 2003, c. 9, s. 401; 2004, c. 21, s. 467; 2005, c. 38, s. 309; 2006, c. 36, s. 236; 2007, c. 12, s. 304.

1129.27.2. The Corporation is required to pay for a particular capitalization period, a tax under this Part equal to the amount determined by the formula

[50% × (A − B)] − C.

In the formula provided for in the first paragraph,

(a)  A is the paid-up capital of the shares of the capital stock of the Corporation at the end of the particular capitalization period;

(b)  B is the cumulative limit amount applicable in respect of the particular capitalization period; and

(c)  C is any amount of tax that the Corporation is required to pay to the Minister under this section for a preceding capitalization period.

2002, c. 9, s. 125; 2003, c. 9, s. 402.

1129.27.3. Where the Corporation is required to pay tax under this Part for a particular capitalization period, the Corporation shall, on or before 31 May following the end of that particular capitalization period,

(a)  file with the Minister, without notice or demand therefor, a return under this Part in prescribed form containing the prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for that particular capitalization period; and

(c)  pay to the Minister the amount of its tax payable under this Part for that particular capitalization period.

2002, c. 9, s. 125; 2003, c. 9, s. 403.

1129.27.4. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

2002, c. 9, s. 125.

PART III.6.1.1 SPECIAL TAX RELATING TO SHARES ISSUED BY CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS AFTER 23 MARCH 2006

2006, c. 36, s. 237.

1129.27.4.1. In this Part,

“capitalization period” means a period within the liability period that is

(a)  the period that begins on 24 March 2006 and ends on 28 February 2007;

(b)  the period that begins on 1 March 2007 and ends on 29 February 2008;

(c)  the period that begins on 1 March 2008 and ends on 28 February 2009;

(d)  the period that begins on 1 March 2009 and ends on 28 February 2010; or

(e)  the period that begins on 1 March 2010 and ends on 28 February 2011;

“Corporation” means the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

“cumulative limit amount” applicable in respect of a capitalization period means

(a)  $725,000,000, in respect of the capitalization period that begins on 24 March 2006 and ends on 28 February 2007;

(b)  $875,000,000, in respect of the capitalization period that begins on 1 March 2007 and ends on 29 February 2008;

(c)  $1,025,000,000, in respect of the capitalization period that begins on 1 March 2008 and ends on 28 February 2009;

(d)  $1,175,000,000, in respect of the capitalization period that begins on 1 March 2009 and ends on 28 February 2010; and

(e)  $1,325,000,000, in respect of the capitalization period that begins on 1 March 2010 and ends on 28 February 2011;

“liability period” means the period that begins on 24 March 2006 and ends on 28 February 2011;

“paid-up capital” has the meaning assigned by section 1;

“share” means a share or fraction of a share of the capital stock of the Corporation.

2006, c. 36, s. 237; 2007, c. 12, s. 304.

1129.27.4.2. The Corporation is required to pay, for a particular capitalization period, a tax under this Part equal to the amount determined by the formula

[35% × (A − B)] − C.

In the formula in the first paragraph,

(a)  A is the paid-up capital of the shares of the capital stock of the Corporation at the end of the particular capitalization period;

(b)  B is the cumulative limit amount applicable in respect of the particular capitalization period; and

(c)  C is any amount of tax that the Corporation is required to pay to the Minister under this section for a preceding capitalization period.

2006, c. 36, s. 237.

1129.27.4.3. If the Corporation is required to pay tax under this Part for a particular capitalization period, the Corporation shall, on or before 31 May following the end of that particular capitalization period,

(a)  file with the Minister, without notice or demand, a return under this Part for that particular capitalization period in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for that particular capitalization period; and

(c)  pay to the Minister the amount of its tax payable under this Part for that particular capitalization period.

2006, c. 36, s. 237; 2009, c. 15, s. 401.

1129.27.4.4. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

2006, c. 36, s. 237.

PART III.6.2 SPECIAL TAX RELATING TO THE RECOVERY OF THE TAX CREDIT FOR THE PURCHASE OF SHARES ISSUED BY CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS

2002, c. 9, s. 125.

1129.27.5. In this Part,

“Corporation” means the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

“share” means a share or fraction of a share of the capital stock of the Corporation.

2002, c. 9, s. 125; 2002, c. 40, s. 278; 2007, c. 12, s. 304.

1129.27.6. Subject to section 1129.27.7, where a share is redeemed or purchased by the Corporation less than seven years after its issue date, the individual referred to in section 776.1.5.0.11 or, as the case may be, the person to whom the share devolved as a consequence of the individual’s death, is required to pay, for the taxation year in which the redemption or purchase is made, a tax under this Part equal to the amount determined by the formula

[(2,556 − A) / 2,556] × B.

In the formula provided for in the first paragraph,

(a)  A is the number of days in the period that begins on the issue date of the share referred to in the first paragraph and that ends on the day on which the share is redeemed or purchased by agreement; and

(b)  B is the lesser of

i.  the product obtained by multiplying the percentage specified in the third paragraph by the amount paid for the purchase of the share by the individual referred to in the first paragraph, and

ii.  the amount paid by the Corporation for the redemption or purchase by agreement of the share.

The percentage to which subparagraph i of subparagraph b of the second paragraph refers is 35%, if the share referred to in the first paragraph was issued after 23 March 2006, and 50%, in any other case.

2002, c. 9, s. 125; 2006, c. 36, s. 238.

1129.27.7. Section 1129.27.6 does not apply in respect of a share that is redeemed or purchased by the Corporation under

(a)  paragraph 3 of section 12 of the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1); or

(b)  a provision of the purchase by agreement policy approved by the Minister of Finance in accordance with the second paragraph of section 11 of the Act referred to in paragraph a, under which the Corporation may purchase by agreement a share it issued because no amount was deducted in respect of the share under section 776.1.5.0.11.

2002, c. 9, s. 125.

1129.27.8. Where the Corporation redeems or purchases a share in respect of which tax is payable under section 1129.27.6, the following rules apply:

(a)  the Corporation is required to withhold the amount of tax, on behalf of the person who is liable to pay the tax, from the amount paid or credited by the Corporation to that person because of the redemption or purchase of the share; and

(b)  the Corporation is required to pay to the Minister the amount so withheld on behalf of that person within 30 days following the day on which the share is redeemed or purchased.

2002, c. 9, s. 125.

1129.27.9. The Corporation is required to pay, on behalf of the person who is liable to pay the tax referred to in section 1129.27.6, any amount that the Corporation did not withhold under section 1129.27.8, and it is authorized to recover the amount so paid from that person.

2002, c. 9, s. 125.

1129.27.10. Except where inconsistent with this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2002, c. 9, s. 125; 2004, c. 21, s. 468.

PART III.6.3 SPECIAL TAX RELATING TO THE FULFILMENT OF INVESTMENT REQUIREMENTS BY CAPITAL RÉGIONAL ET COOPÉRATIF DESJARDINS

2003, c. 9, s. 404.

1129.27.11. In this Part,

“Corporation” means the corporation governed by the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1);

“eligible cooperative” has the meaning assigned by the second paragraph of section 18 of the Act constituting Capital régional et coopératif Desjardins;

“eligible entity” has the meaning assigned by the first paragraph of section 18 of the Act constituting Capital régional et coopératif Desjardins;

“investment” has the meaning assigned by section 17 of the Act constituting Capital régional et coopératif Desjardins;

“resource regions of Québec” means the regions referred to in Schedule 2 to the Act constituting Capital régional et coopératif Desjardins.

2003, c. 9, s. 404; 2007, c. 12, s. 304.

1129.27.12. Where, for a taxation year that begins after 31 December 2005, the Corporation fails to fulfil the investment requirement set out in the second paragraph of section 19 of the Act constituting Capital régional et coopératif Desjardins (chapter C-6.1), the Corporation is required to pay for the year a tax under this Part equal to the amount determined by the formula

{10% × [(60% × A) − B]} + {20% × [(21% × A) − C]}.

In the formula provided for in the first paragraph,

(a)  A is the amount of the average net assets of the Corporation for the preceding taxation year;

(b)  B is the amount, for the year, of the average investments, entailing no security or hypothec, of the Corporation in eligible entities, including such investments permitted under the fifth paragraph of section 19 of the Act constituting Capital régional et coopératif Desjardins; and

(c)  C is the amount, for the year, of the average investments, entailing no security or hypothec, of the Corporation in eligible cooperatives and eligible entities situated in resource regions of Québec, including such investments permitted under the fifth paragraph of section 19 of the Act constituting Capital régional et coopératif Desjardins if they are made in those cooperatives or entities.

For the purposes of this section, for the purpose of computing the net assets of the Corporation, the movable or immovable property used by the Corporation to carry on its operations shall not be taken into account.

For the purposes of this section, the following rules apply:

(a)  the average net assets for the preceding taxation year shall be determined by adding the net assets at the beginning of that preceding year to the net assets at the end of that preceding year and by dividing the sum so obtained by 2; and

(b)  the average investments for the taxation year shall be determined by the formula

(D + E + F + G) / 2.

In the formula provided for in subparagraph b of the fourth paragraph,

(a)  D is the Corporation’s investments permitted under section 19 of the Act constituting Capital régional et coopératif Desjardins and entailing no security or hypothec, at the beginning of the taxation year;

(b)  E is the Corporation’s investments permitted under section 19 of the Act constituting Capital régional et coopératif Desjardins and entailing no security or hypothec, at the end of the taxation year;

(c)  F is the amount by which an amount that is the total of the disinvestments for the taxation year that relate to investments entailing no security or hypothec, already made by the Corporation and permitted under section 19 of the Act constituting Capital régional et coopératif Desjardins, exceeds an amount equal to 2% of the Corporation’s average net assets for the preceding taxation year; and

(d)  G is the amount determined under subparagraph c for the preceding taxation year.

2003, c. 9, s. 404; 2004, c. 21, s. 469.

1129.27.13. Where the Corporation is required to pay tax under this Part for a taxation year, the Corporation shall, on or before 31 March following the end of that year,

(a)  file with the Minister, without notice or demand therefor, a return under this Part in prescribed form containing the prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for that year; and

(c)  pay to the Minister the amount of its tax payable under this Part for that year.

2003, c. 9, s. 404.

1129.27.14. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

2003, c. 9, s. 404.

PART III.6.4 SPECIAL TAX RELATING TO THE CREDIT FOR THE HIRING OF FINANCIAL DERIVATIVES SPECIALISTS

2007, c. 12, s. 254.

1129.27.15. In this Part, “qualified wages”, “unused portion of the tax credit” and “wages” have the meaning assigned by section 776.1.7.

2007, c. 12, s. 254; 2010, c. 25, s. 211.

1129.27.16. Every corporation that has deducted an amount under section 776.1.8 or 776.1.9 for a taxation year shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages paid by the corporation to an individual for a taxation year preceding the repayment year, other than an amount described in subparagraph i or ii of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, or obtained by a person or partnership.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount deducted by the corporation for a taxation year preceding the repayment year under section 776.1.8 or under section 776.1.9 in respect of the unused portion of the tax credit of the corporation for a taxation year preceding the repayment year exceeds the total of

(a)  the aggregate of all amounts each of which is the maximum amount that the corporation could have deducted under section 776.1.8 for a particular taxation year preceding the repayment year if it had had sufficient tax payable under Part I for the particular taxation year and if, for the purposes of paragraph b of the definition of “qualified wages” in the first paragraph of section 776.1.7,

i.  any amount referred to in the first paragraph for the repayment year or for a preceding taxation year, relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular taxation year, that is received or obtained at or before the end of the repayment year, had been received or obtained in the particular taxation year, and

ii.  any amount referred to in the first paragraph of section 776.1.15 for the repayment year or for a preceding taxation year, relating to wages included in computing the qualified wages paid by the corporation to an individual for the particular taxation year, that is paid or deemed to be paid under section 776.1.16 at or before the end of the repayment year, had been paid or deemed to be paid in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

2007, c. 12, s. 254.

1129.27.17. For the purposes of Part I, except Title III.3 of Book V, the tax paid at any time by a corporation to the Minister under section 1129.27.16 in relation to qualified wages, is deemed to be an amount of assistance repaid at that time by the corporation in respect of the qualified wages, pursuant to a legal obligation.

2007, c. 12, s. 254.

1129.27.18. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2007, c. 12, s. 254.

PART III.7 SPECIAL DUTIES RELATING TO THE TRANSFER OF AN IMMOVABLE IN CERTAIN CIRCUMSTANCES

1993, c. 64, s. 191.

1129.28. In this Part,

“person” means a person within the meaning assigned by section 1;

“transfer” means a transfer within the meaning assigned by section 1 of the Act respecting duties on transfers of immovables (chapter D-15.1);

“transfer duties” means the duties payable under section 2 of the Act respecting duties on transfers of immovables.

1993, c. 64, s. 191; 1994, c. 22, s. 344; 1997, c. 3, s. 71; 2002, c. 40, s. 279; 2007, c. 12, s. 304.

1129.28.1. In this Part, where there is a transfer of a corporeal immovable and of movables which are permanently physically attached or joined to the immovable without losing their individuality and without being incorporated with the immovable, and which, in the immovable, are used for the operation of a business or the pursuit of activities, the word “immovable” refers to the whole formed by the immovable and the movables.

1994, c. 22, s. 345.

1129.29. Where, at any particular time, control of a corporation is acquired by a person or group of persons, where an immovable has been transferred to the corporation in the 24 months preceding that time, where the transfer is exempt from the payment of transfer duties under section 19 of the Act respecting duties on transfers of immovables (chapter D-15.1) and where it may reasonably be considered that the immovable was transferred in contemplation of the acquisition of control of the corporation by the person or group of persons, the corporation shall pay to the Minister, within thirty days from the date of sending of a notice of assessment, special duties equal to 125% of the amount of the transfer duties that would have been payable following the transfer if the said section 19 had not been applicable in respect of the transfer and, where the transfer is not registered, if it had been registered.

1993, c. 64, s. 191; 1994, c. 22, s. 346; 1997, c. 3, s. 71; 2004, c. 4, s. 16.

1129.30. The Minister shall pay to the Minister of Municipal Affairs, Regions and Land Occupancy an amount representing four-fifths of the special duties collected under section 1129.29 and shall transmit to him any information he may need in order to forward such amount to the municipality in whose territory the immovable transferred is situated.

1993, c. 64, s. 191; 1999, c. 43, s. 13; 2003, c. 19, s. 250; 2005, c. 28, s. 196; 2009, c. 26, s. 109.

1129.31. A taxpayer who acquires a right contemplated in paragraph b of section 20 is thereby deemed to acquire the shares to which the right applies if it may reasonably be concluded that one of the principal aims of the acquisition of the right was to avoid the application of section 1129.29.

1993, c. 64, s. 191.

1129.32. Any director of a particular corporation contemplated in section 1129.29 who was in office immediately before the immovable contemplated in that section is again disposed of or transferred, whether in the context of a winding-up or otherwise, and, where applicable, any other corporation by which the particular corporation is controlled, in any manner whatsoever, and any director of that other corporation who was in office at that time, are solidarily liable with the particular corporation for the payment of the special duties prescribed by the said section 1129.29.

1993, c. 64, s. 191; 1995, c. 1, s. 199; 1997, c. 3, s. 71.

1129.33. Except where inconsistent with this Part, sections 21.2 to 21.3.1 and 21.4, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, and sections 1010 and 1014 apply to this Part, with the necessary modifications.

For the purposes of section 21.3, paragraph a of section 21 shall read as if the reference therein to “if one is the child, other descendant, brother or sister of the other” were a reference to “if one is the child or other descendant of the other”.

1993, c. 64, s. 191; 1995, c. 1, s. 362; 1995, c. 63, s. 261; 1997, c. 85, s. 306; 2006, c. 13, s. 210.

PART III.7.1 SPECIAL TAX RELATING TO THE USE OF LESS POLLUTING DRY-CLEANING TECHNOLOGY

1997, c. 85, s. 307.

1129.33.1. In this Part, “acquisition costs” and “qualified property” have the meaning assigned by the first paragraph of section 1029.8.21.4.

1997, c. 85, s. 307; 2003, c. 9, s. 405; 2007, c. 12, s. 255.

1129.33.2. Every taxpayer who is deemed to have paid to the Minister, under section 1029.8.21.5, an amount as partial payment of tax payable for any taxation year under Part I, in relation to acquisition costs in respect of qualified property, shall pay tax, for a particular taxation year, equal

(a)  to the amount by which the aggregate of all amounts each of which is an amount the taxpayer is deemed to have paid to the Minister, under section 1029.8.21.5, in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is tax the taxpayer is required to pay under this section in respect of the property for a taxation year preceding the particular year, where

i.  at any time between the taxpayer’s filing-due date for the preceding taxation year and the day after the earlier of the day that is the end of the period of 730 days following the beginning of the use of the qualified property by the taxpayer and the taxpayer’s filing-due date for the particular year, the property ceases, otherwise than by reason of the loss or involuntary destruction of the property by fire, theft or water or of a major breakdown of the property, to be used solely in Québec to earn income from a dry-cleaning business operated

(1)  by the taxpayer, and that time is also within the portion of that period in which the taxpayer owns the property, or

(2)  by a person who acquired the property from the taxpayer in any of the circumstances described in section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), and that time is also within the portion of that period in which the person owns the property, or

ii.  on or before the taxpayer’s filing-due date for the particular year, the validation certificate issued to the taxpayer in relation to the qualified property is revoked; or

(b)  where paragraph a does not apply to the particular year nor has been applied to a preceding taxation year in relation to the property and where, during the particular year, an amount relating to those acquisition costs, in respect of which the taxpayer is deemed, under section 1029.8.21.5, to have paid an amount for a taxation year preceding the particular year, is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer, to the amount obtained by applying to the amount so refunded, paid or allocated the percentage applied to the acquisition costs for that preceding year under section 1029.8.21.5.

1997, c. 85, s. 307; 2000, c. 39, s. 264; 2007, c. 12, s. 256; 2009, c. 15, s. 402.

1129.33.3. Every taxpayer who is a member of a partnership and who is deemed to have paid to the Minister, under section 1029.8.21.6, an amount as partial payment of tax payable under Part I for any taxation year in respect of the taxpayer’s share of an amount of the acquisition costs incurred by the partnership, in respect of a qualified property, in the partnership’s fiscal period ending in that year, shall pay, for a particular taxation year, the aggregate of

(a)  the amount by which the aggregate of all amounts each of which is an amount the taxpayer is deemed to have paid to the Minister, under section 1029.8.21.6, in respect of the property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is tax the taxpayer is required to pay under this section in respect of the property for a taxation year preceding the particular year, where

i.  at any time between the day that is six months after the end of the partnership’s fiscal period ending in the preceding taxation year and the day after the earlier of the day that is the end of the period of 730 days following the beginning of the use of the qualified property by the partnership and the day that is six months after the end of the partnership’s fiscal period ending in the particular year, the property ceases, otherwise than by reason of the loss or involuntary destruction of the property by fire, theft or water or of a major breakdown of the property, to be used solely in Québec to earn income from a dry-cleaning business operated

(1)  by the partnership, and that time is also within the portion of that period in which the partnership owns the property, or

(2)  by a person who acquired the property from the partnership in any of the circumstances described in section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), and that time is also within the portion of that period in which the person owns the property, or

ii.  on or before the day that is six months after the end of the partnership’s fiscal period ending in the particular year, the validation certificate issued to the partnership in relation to the qualified property is revoked;

(b)  where paragraph a does not apply to the particular year nor has been applied to a preceding taxation year in relation to the property and where, during a fiscal period of the partnership ending in the particular year, an amount relating to those acquisition costs, in respect of which the taxpayer is deemed, under section 1029.8.21.6, to have paid an amount, in relation to the taxpayer’s share of those costs, for a taxation year preceding the particular year, is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership, the amount obtained by applying to the taxpayer’s share of the amount so refunded, paid or allocated the percentage applied to the taxpayer’s share of the amount of the acquisition costs for the particular taxation year under section 1029.8.21.6; and

(c)  where paragraph a does not apply in the particular year nor has been applied to a preceding taxation year in relation to the property and, in the particular year, an amount relating to those acquisition costs, in respect of which the taxpayer is deemed, under section 1029.8.21.6, to have paid an amount in relation to the taxpayer’s share of those costs, for a taxation year preceding the particular year, is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer, the amount obtained by applying to the amount so refunded, paid or allocated the percentage applied to the taxpayer’s share of the amount of the acquisition costs for the particular taxation year under section 1029.8.21.6.

For the purposes of the first paragraph, the taxpayer’s share of an amount refunded, paid or allocated is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s fiscal period that ends in the particular taxation year.

1997, c. 85, s. 307; 2000, c. 39, s. 264; 2007, c. 12, s. 257; 2009, c. 15, s. 403.

1129.33.4. For the purposes of Part I, the following rules apply:

(a)  tax paid to the Minister by a taxpayer at any time, under section 1129.33.2, in relation to property is deemed to be an amount of assistance repaid by the taxpayer at that time in respect of the property, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a taxpayer at any time, under section 1129.33.3, in relation to property is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of that property, pursuant to a legal obligation.

1997, c. 85, s. 307; 2001, c. 7, s. 169; 2009, c. 15, s. 404.

1129.33.5. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 85, s. 307.

PART III.8 SPECIAL TAX RELATING TO THE CREDIT FOR TRAINING

1995, c. 1, s. 191.

1129.34. In this Part, “qualified training expenditure” has the meaning assigned by Division II.5 of Chapter III.1 of Title III of Book IX of Part I.

1995, c. 1, s. 191; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 280; 2005, c. 23, s. 249; 2007, c. 12, s. 258.

1129.35. Every corporation that is deemed to have paid to the Minister, under Division II.5 of Chapter III.1 of Title III of Book IX of Part I, an amount as partial payment of its tax payable under that Part for a particular taxation year shall, where during a subsequent taxation year, an amount related to a qualified training expenditure or to its share of such an expenditure, in respect of which the corporation is so deemed to have paid an amount, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation, pay for that subsequent year tax equal to the amount obtained by applying to the amount so refunded, paid or allocated, the percentage that was applied to the qualified training expenditure for the particular year under section 1029.8.25, or to its share of such an expenditure under section 1029.8.25.1.

1995, c. 1, s. 191; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2007, c. 12, s. 259.

1129.36. Every corporation that is a member of a partnership and that is deemed to have paid to the Minister, under section 1029.8.25.1, an amount as partial payment of its tax payable under Part I for a particular taxation year in respect of its share of a qualified training expenditure incurred by the partnership in a fiscal period of the partnership shall, where during a subsequent fiscal period of the partnership, an amount related to that expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership, pay, for the taxation year in which that subsequent fiscal period ends, tax equal to the amount obtained by applying to its share of the amount so refunded, paid or allocated, the percentage that was applied to its share of the qualified training expenditure for the particular taxation year under section 1029.8.25.1.

For the purposes of the first paragraph, the corporation’s share of an amount refunded, paid or allocated is equal to the agreed proportion of the amount in respect of the corporation for the partnership’s fiscal period that ends in the particular taxation year.

1995, c. 1, s. 191; 1995, c. 63, s. 233; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2007, c. 12, s. 260; 2009, c. 15, s. 405.

1129.37. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1995, c. 1, s. 191; 1995, c. 49, s. 236; 1995, c. 63, s. 261.

PART III.9 SPECIAL TAX RELATING TO THE CREDIT FOR ON-THE-JOB TRAINING PERIODS

1995, c. 1, s. 191.

1129.38. In this Part, “qualified expenditure” has the meaning assigned by Division II.5.1 of Chapter III.1 of Title III of Book IX of Part I.

1995, c. 1, s. 191; 1995, c. 63, s. 234; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 281; 2007, c. 12, s. 261.

1129.39. Every taxpayer who is deemed to have paid to the Minister, under Division II.5.1 of Chapter III.1 of Title III of Book IX of Part I, an amount as partial payment of the taxpayer’s tax payable under that Part for a particular taxation year shall, where during a subsequent taxation year, an amount relating to a qualified expenditure or to the taxpayer’s share of such an expenditure, in respect of which the taxpayer is so deemed to have paid an amount is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer, pay for that subsequent year tax equal to the amount obtained by applying to the amount so refunded, paid or allocated the percentage applied for the particular year to the qualified expenditure under section 1029.8.33.6 or to the taxpayer’s share of such an expenditure under section 1029.8.33.7.

However, the first paragraph applies in respect of an amount refunded, paid or allocated only to the extent,

(a)  where the qualified expenditure to which the amount relates was made by the taxpayer, that the amount of the expenditure exceeds the amount that would be determined if each of the particular amounts taken into account for the purpose of determining that amount were reduced, where applicable, by every amount that, not later than in the subsequent taxation year referred to in the first paragraph, was refunded or otherwise paid to the taxpayer or allocated to a payment he was required to make, in respect of the particular amount;

(b)  where the qualified expenditure to which the amount relates was made by a partnership in a fiscal period, that the taxpayer’s share of the amount of the expenditure, determined in accordance with sections 1029.8.33.7 and 1029.8.33.7.1, exceeds the share that would have been so determined had the amount of the expenditure been determined on the assumption that each of the particular amounts taken into account for the purpose of determining that amount had been reduced, where applicable, by the amount determined in its respect in accordance with the third paragraph.

The amount referred to in subparagraph b of the second paragraph in respect of a particular amount is the quotient obtained by dividing the aggregate of all amounts each of which is an amount relating to the particular amount and which, not later than in the subsequent taxation year referred to in the first paragraph, was refunded or otherwise paid to the taxpayer or allocated to a payment he was required to make, by the proportion described in the third paragraph of section 1029.8.33.7 in respect of the qualified expenditure referred to in subparagraph b.

1995, c. 1, s. 191; 1995, c. 63, s. 235; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2004, c. 21, s. 470; 2007, c. 12, s. 262.

1129.40. Every taxpayer who is a member of a partnership and who is deemed to have paid to the Minister, under section 1029.8.33.7, an amount as partial payment of the taxpayer’s tax payable under Part I for a particular taxation year in respect of the taxpayer’s share of the amount of a qualified expenditure made by the partnership in a particular fiscal period of the partnership that ends in that particular year, shall, where during a subsequent fiscal period of the partnership, an amount relating to that expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership, pay, for the taxation year in which that subsequent fiscal period ends, tax equal to the amount obtained by applying to the taxpayer’s share of the amount so refunded, paid or allocated the percentage applied to the taxpayer’s share of the qualified expenditure for the particular taxation year under section 1029.8.33.7.

For the purposes of the first paragraph, the taxpayer’s share of an amount refunded, paid or allocated is equal to the agreed proportion of the amount in respect of the taxpayer for the partnership’s particular fiscal period.

However, the first paragraph applies in respect of an amount refunded, paid or allocated only to the extent that the amount of the qualified expenditure to which the amount relates exceeds the amount that would be determined if each of the particular amounts taken into account for the purpose of determining that amount were reduced, where applicable, by every amount that, not later than in the subsequent fiscal period referred to in the first paragraph, was refunded or otherwise paid to the partnership or allocated to a payment it was required to make, in respect of the particular amount.

1995, c. 1, s. 191; 1995, c. 63, s. 235; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2004, c. 21, s. 471; 2007, c. 12, s. 263; 2009, c. 15, s. 406.

1129.41. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1995, c. 1, s. 191; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 1997, c. 31, s. 135.

PART III.9.0.1 SPECIAL TAX RELATING TO THE CREDIT FOR LABOUR TRAINING IN THE MANUFACTURING, FORESTRY AND MINING SECTORS

2009, c. 15, s. 407; 2010, c. 5, s. 196.

1129.41.0.1. In this Part, “eligible training expenditure” has the meaning assigned by the first paragraph of section 1029.8.33.11.1.

2009, c. 15, s. 407.

1129.41.0.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.33.11.3, on account of its tax payable under Part I for a particular taxation year, in relation to an eligible training expenditure, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which an amount relating to the eligible training expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.33.11.3 or 1029.8.33.11.7, in relation to the eligible training expenditure, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.33.11.3 or 1029.8.33.11.7, in relation to the eligible training expenditure, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible training expenditure, were refunded, paid or allocated in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible training expenditure.

2009, c. 15, s. 407.

1129.41.0.3. Every corporation that is a member of a partnership and is deemed to have paid an amount to the Minister, under section 1029.8.33.11.4, on account of the corporation’s tax payable under Part I for a particular taxation year, in relation to an eligible training expenditure of the partnership for the partnership’s particular fiscal period that ends in that particular year, shall pay the tax computed under the second paragraph for the taxation year in which ends a subsequent fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) in which an amount relating to the eligible training expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends under any of sections 1029.8.33.11.4, 1029.8.33.11.8 and 1029.8.33.11.9, in relation to the eligible training expenditure, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.33.11.4, 1029.8.33.11.8 and 1029.8.33.11.9, for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends, in relation to the eligible training expenditure, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible training expenditure, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible training expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2009, c. 15, s. 407.

1129.41.0.4. For the purposes of Part I, except Division II.5.1.1 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to an eligible training expenditure, is deemed to be an amount of assistance repaid at that time in respect of that expenditure, pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.41.0.3, if the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by it; or

(b)  the corporation, in any other case.

2009, c. 15, s. 407.

1129.41.0.5. Unless otherwise provided in this Part, section 6, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2009, c. 15, s. 407.

PART III.9.0.2 SPECIAL TAX RELATING TO THE CREDIT FOR FRANCIZATION IN THE WORKPLACE

2009, c. 15, s. 407.

1129.41.0.6. In this Part, “eligible training expenditure” has the meaning assigned by the first paragraph of section 1029.8.33.11.11.

2009, c. 15, s. 407.

1129.41.0.7. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.33.11.13, on account of its tax payable under Part I for a particular taxation year, in relation to an eligible training expenditure, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which an amount relating to the eligible training expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.33.11.13 or 1029.8.33.11.17, in relation to the eligible training expenditure, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.33.11.13 or 1029.8.33.11.17, in relation to the eligible training expenditure, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible training expenditure, were refunded, paid or allocated in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible training expenditure.

2009, c. 15, s. 407.

1129.41.0.8. Every corporation that is a member of a partnership and is deemed to have paid an amount to the Minister, under section 1029.8.33.11.14, on account of the corporation’s tax payable under Part I for a particular taxation year, in relation to an eligible training expenditure of the partnership for the partnership’s particular fiscal period that ends in that particular year, shall pay the tax computed under the second paragraph for the taxation year in which ends a subsequent fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) in which an amount relating to the eligible training expenditure is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends under any of sections 1029.8.33.11.14, 1029.8.33.11.18 and 1029.8.33.11.19, in relation to the eligible training expenditure, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.33.11.14, 1029.8.33.11.18 and 1029.8.33.11.19, for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends, in relation to the eligible training expenditure, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible training expenditure, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible training expenditure, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2009, c. 15, s. 407.

1129.41.0.9. For the purposes of Part I, except Division II.5.1.2 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to an eligible training expenditure, is deemed to be an amount of assistance repaid at that time in respect of that expenditure, pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.41.0.8, if the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by it; or

(b)  the corporation, in any other case.

2009, c. 15, s. 407.

1129.41.0.10. Unless otherwise provided in this Part, section 6, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2009, c. 15, s. 407.

PART III.9.1 SPECIAL TAX RELATING TO THE CREDIT IN RESPECT OF TIP REPORTING

1997, c. 85, s. 308.

1129.41.1. In this Part, “qualified expenditure” has the meaning assigned by section 1029.8.33.12.

1997, c. 85, s. 308; 2007, c. 12, s. 264.

1129.41.2. Every taxpayer who, in relation to a qualified expenditure, is deemed to have paid an amount to the Minister, under section 1029.8.33.13 or 1029.8.33.14, on account of the taxpayer’s tax payable under Part I for a particular taxation year shall, where, during a subsequent taxation year, an amount relating to a qualified expenditure or to the taxpayer’s share of an aggregate of qualified expenditures, in respect of which the taxpayer is so deemed to have paid an amount is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer, pay, for that subsequent year, a tax equal to

(a)  where a percentage was applied for the particular year to reduce the qualified expenditure under section 1029.8.33.13 or 1029.8.33.14, the product obtained by multiplying the amount so refunded, paid or allocated by that percentage; and

(b)  in any other case, the amount so refunded, paid or allocated.

1997, c. 85, s. 308; 2000, c. 39, s. 240; 2004, c. 21, s. 472.

1129.41.3. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.33.14, on account of the taxpayer’s tax payable under Part I for a particular taxation year in respect of the taxpayer’s share of an aggregate of qualified expenditures determined in respect of the partnership for a fiscal period of the partnership shall, where, during a subsequent fiscal period of the partnership, an amount relating to such expenditures is, directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership, pay, for the taxation year in which that subsequent fiscal period ends, a tax equal to the taxpayer’s share, for that subsequent fiscal period, of

(a)  where a percentage was applied, for the fiscal period that ends in the particular taxation year, to reduce the qualified expenditure under section 1029.8.33.14, the product obtained by multiplying the amount so refunded, paid or allocated by that percentage; and

(b)  in any other case, the amount so refunded, paid or allocated.

1997, c. 85, s. 308; 2000, c. 39, s. 240; 2004, c. 21, s. 472.

1129.41.3.1. Every taxpayer who, in relation to a qualified expenditure referred to in subparagraph d of the third paragraph of section 1029.8.33.13, is deemed to have paid an amount to the Minister, under that section, on account of the taxpayer’s tax payable under Part I for a particular taxation year shall, where, on or before the day that is 12 months after the taxpayer’s filing-due date for that particular year, part or all of the aggregate of the indemnities pertaining to the annual leave which constitutes the qualified expenditure has not been paid to the employees, pay, for the taxation year in which the 12-month period following the taxpayer’s filing-due date for the particular taxation year ends, a tax equal to

(a)  where a percentage was applied for the particular year to reduce the qualified expenditure under section 1029.8.33.13, the product obtained by multiplying the aggregate of part or all of the indemnities that have not been paid and the amount payable under the provisions mentioned in subparagraphs i and iii to v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12 in relation to the indemnities, by that percentage; and

(b)  in any other case, the aggregate described in paragraph a.

2000, c. 39, s. 241; 2004, c. 21, s. 472; 2005, c. 38, s. 310.

1129.41.3.2. Every taxpayer who is a member of a partnership and who, in relation to the taxpayer’s share of a qualified expenditure referred to in subparagraph d of the fourth paragraph of section 1029.8.33.14, is deemed to have paid an amount to the Minister, under that section, on account of the taxpayer’s tax payable under Part I for a particular taxation year in which a particular fiscal period of the partnership ended shall, where, on or before the day that is 18 months after the end of the particular fiscal period, part or all of the aggregate of the indemnities pertaining to the annual leave which constitutes the qualified expenditure has not been paid to the employees, pay, for the taxation year in which the 18-month period following the end of the particular fiscal period ends, a tax equal to the taxpayer’s share of

(a)  where a percentage was applied for the particular fiscal period to reduce the qualified expenditure under section 1029.8.33.14, the product obtained by multiplying the aggregate of part or all of the indemnities that have not been paid and the amount payable under the provisions mentioned in subparagraphs i and iii to v of paragraph a of the definition of “qualified expenditure” in section 1029.8.33.12 in relation to the indemnities, by that percentage; and

(b)  in any other case, the aggregate described in paragraph a.

2000, c. 39, s. 241; 2004, c. 21, s. 472; 2005, c. 38, s. 311.

1129.41.4. For the purposes of Part I, except Division II.5.2 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  the tax paid to the Minister by a taxpayer at any time, under section 1129.41.2 or 1129.41.3.1, in relation to a qualified expenditure is deemed to be an amount of assistance repaid by the taxpayer at that time in respect of that expenditure, pursuant to a legal obligation; and

(b)  the tax paid to the Minister by a taxpayer at any time, under section 1129.41.3 or 1129.41.3.2, in relation to a qualified expenditure is deemed to be an amount of assistance repaid by the partnership referred to in that section at that time in respect of that expenditure, pursuant to a legal obligation.

1997, c. 85, s. 308; 2000, c. 39, s. 242.

1129.41.5. Except where inconsistent with this Part, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 85, s. 308.

PART III.10 SPECIAL TAX RELATING TO THE DESIGN TAX CREDIT

1995, c. 1, s. 191.

1129.42. In this Part, “contract payment”, “qualified designer”, “qualified outside consultant”, “qualified patternmaker” and “wages” have the meaning assigned by section 1029.8.36.4.

1995, c. 1, s. 191; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 282; 2006, c. 13, s. 211; 2007, c. 12, s. 265; 2009, c. 5, s. 523.

1129.43. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.5, on account of its tax payable under Part I for a particular taxation year, in respect of an expenditure incurred by the corporation in the particular year in relation to a design activity carried out under a contract entered into with a qualified outside consultant, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to the expenditure is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or partnership and the contract payment or assistance would have reduced, in accordance with subparagraph a of the first paragraph of section 1029.8.36.18, the wages paid to a qualified designer or qualified patternmaker by the person or partnership and to which the expenditure is attributable, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the corporation’s filing-due date for the particular taxation year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.5 or 1029.8.36.20, in relation to the expenditure, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.5 or 1029.8.36.20, in relation to the expenditure, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to the expenditure, were refunded, paid or allocated in the particular taxation year, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by the person or partnership at or before the end of the repayment year, were received in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the expenditure.

1995, c. 1, s. 191; 1995, c. 63, s. 236; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2006, c. 13, s. 212; 2009, c. 5, s. 524.

1129.44. Every corporation that is a member of a particular partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.6, on account of its tax payable under Part I for a particular taxation year, in respect of an expenditure that, in relation to a design activity carried out under a contract entered into with a qualified outside consultant, the particular partnership incurred in the particular partnership’s particular fiscal period that ends in the particular year, shall pay the tax computed under the second paragraph for the taxation year in which ends a subsequent fiscal period of the particular partnership (in this section referred to as the “fiscal period of repayment”) in which

(a)  an amount relating to the expenditure is, directly or indirectly, refunded or otherwise paid to the particular partnership or to the corporation or allocated to a payment to be made by the particular partnership or the corporation; or

(b)  a contract payment, government assistance or non-government assistance is received by a person or another partnership and the contract payment or assistance would have reduced, in accordance with subparagraph i of subparagraph c of the first paragraph of section 1029.8.36.18, the corporation’s share of wages that are paid to a qualified designer or qualified patternmaker by the person or the other partnership and to whom the expenditure is attributable, if the person or the other partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the day that is six months after the end of the particular fiscal period.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the particular partnership preceding the fiscal period of repayment ends, under any of sections 1029.8.36.6, 1029.8.36.21 and 1029.8.36.22, in relation to the expenditure, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.6, 1029.8.36.21 and 1029.8.36.22, for a taxation year in which a fiscal period of the particular partnership preceding the fiscal period of repayment ends, in relation to the expenditure, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment and if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to the expenditure, were refunded, paid or allocated in the particular fiscal period, and

ii.  every contract payment, government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by the person or the other partnership at or before the end of the fiscal period of repayment, were received in the particular fiscal period; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the expenditure, if the agreed proportion in respect of the corporation for the particular partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the particular partnership or allocated to a payment to be made by the particular partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

1995, c. 1, s. 191; 1995, c. 63, s. 236; 1997, c. 3, s. 71; 2000, c. 39, s. 264; 2006, c. 13, s. 212; 2006, c. 36, s. 239; 2009, c. 5, s. 525; 2009, c. 15, s. 408.

1129.44.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.7, on account of its tax payable under Part I for a particular taxation year in relation to wages incurred in that particular year shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.7 or 1029.8.36.23, in relation to the wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.7 or 1029.8.36.23, in relation to the wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the wages.

2006, c. 13, s. 213.

1129.44.2. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.7.1, on account of its tax payable under Part I for a particular taxation year, in relation to wages incurred by the partnership in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax computed under the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the wages is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year, under any of sections 1029.8.36.7.1, 1029.8.36.23.1 and 1029.8.36.23.2, in relation to the wages, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.7.1, 1029.8.36.23.1 and 1029.8.36.23.2, for a taxation year, in relation to the wages, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the wages, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the wages, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2006, c. 13, s. 213; 2006, c. 36, s. 240; 2009, c. 15, s. 409.

1129.44.3. (Repealed).

2006, c. 13, s. 213; 2007, c. 12, s. 266.

1129.45. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564, where it refers to that first paragraph, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1995, c. 1, s. 191; 1995, c. 49, s. 236; 1995, c. 63, s. 261.

PART III.10.0.1 SPECIAL TAX RELATING TO THE CREDIT FOR THE ACQUISITION OF PIG MANURE TREATMENT FACILITIES

2007, c. 12, s. 267.

1129.45.0.1. In this Part,

“eligible expenses” has the meaning assigned by the first paragraph of section 1029.8.36.53.10;

“eligible facility” has the meaning assigned by the first paragraph of section 1029.8.36.53.10.

2007, c. 12, s. 267.

1129.45.0.2. Every taxpayer that is deemed to have paid an amount to the Minister, under section 1029.8.36.53.11, on account of the taxpayer’s tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the taxpayer for the particular year, in respect of an eligible facility, shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.53.11 or 1029.8.36.53.17, in relation to the eligible expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.53.11 or 1029.8.36.53.17, in relation to the eligible expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible expenses.

2007, c. 12, s. 267.

1129.45.0.3. Every taxpayer that is a member of a partnership and is deemed to have paid an amount to the Minister, under section 1029.8.36.53.12, on account of the taxpayer’s tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the partnership for the partnership’s particular fiscal period that ends in that particular year, in respect of an eligible facility, shall pay the tax computed under the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends under any of sections 1029.8.36.53.12, 1029.8.36.53.18 and 1029.8.36.53.19, in relation to the eligible expenses, if the agreed proportion in respect of the taxpayer for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under any of sections 1029.8.36.53.12, 1029.8.36.53.18 and 1029.8.36.53.19, for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends, in relation to the eligible expenses, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for that preceding fiscal period were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible expenses, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

2007, c. 12, s. 267; 2009, c. 15, s. 410.

1129.45.0.4. For the purposes of Part I, except for Division II.6.4.2 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a taxpayer at any time, under this Part, in relation to eligible expenses, is deemed to be an amount of assistance repaid at that time in respect of those expenses pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.0.3, if the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by the partnership; or

(b)  the taxpayer, in any other case.

2007, c. 12, s. 267.

1129.45.0.5. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2007, c. 12, s. 267.

PART III.10.1 SPECIAL TAX RELATING TO THE CONSTRUCTION OR CONVERSION OF VESSELS

1997, c. 14, s. 267; 1999, c. 83, s. 251.

1129.45.1. In this Part, “construction expenditure”, “conversion expenditure”, “cost of construction”, “cost of conversion”, “eligible vessel”, “qualified construction expenditure” and “qualified conversion expenditure” have the meaning assigned by Division II.6.5 of Chapter III.1 of Title III of Book IX of Part I.

1997, c. 14, s. 267; 1999, c. 83, s. 252; 2002, c. 40, s. 283; 2007, c. 12, s. 304; 2009, c. 5, s. 526.

1129.45.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.55, on account of its tax payable under Part I, in relation to an eligible vessel, shall pay the tax computed under the second paragraph for a taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to an expenditure included in computing a qualified construction expenditure of the corporation in respect of the vessel, or the cost of construction of the vessel to the corporation is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  government assistance or non-government assistance is received by a person or partnership and the assistance would have reduced, in accordance with subparagraph a.1 of the third paragraph of section 1029.8.36.54 or subparagraph i of subparagraph a of the second paragraph of section 1029.8.36.55, the amount of a portion of a consideration paid in respect of a construction expenditure of the corporation in respect of the vessel or the cost of construction of the vessel to the corporation, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the corporation’s filing-due date for the taxation year in which the corporation paid the portion of the consideration or incurred the portion of the cost of construction to which the assistance relates.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.55, in relation to the eligible vessel, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, in relation to the vessel, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to an expenditure included in computing a qualified construction expenditure of the corporation in respect of the vessel or in computing the cost of construction of the vessel to the corporation, were refunded, paid or allocated in the taxation year in which the corporation incurred the expenditure to which the amount refunded, paid or allocated relates, and

ii.  every government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or partnership at or before the end of the repayment year, were received in the taxation year in which the corporation paid the portion of the consideration or incurred the portion of the cost of construction to which the assistance relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the vessel.

1997, c. 14, s. 267; 1999, c. 83, s. 253; 2002, c. 40, s. 284; 2009, c. 5, s. 527.

1129.45.2.1. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.55.1, on account of its tax payable under Part I, in relation to an eligible vessel, shall pay the tax computed under the second paragraph for a taxation year (in this section referred to as the “repayment year”) in which

(a)  an amount relating to an expenditure included in computing a qualified conversion expenditure of the corporation in respect of the vessel, or the cost of conversion of the vessel to the corporation is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  government assistance or non-government assistance is received by a person or partnership and the assistance would have reduced, in accordance with subparagraph a.1 of the third paragraph of section 1029.8.36.54 or subparagraph i of subparagraph a of the second paragraph of section 1029.8.36.55.1, the amount of a portion of a consideration paid in respect of a conversion expenditure of the corporation in respect of the vessel or the cost of conversion of the vessel to the corporation, if the person or partnership had received it, had been entitled to receive it or could reasonably have expected to receive it on or before the corporation’s filing-due date for the taxation year in which the corporation paid the portion of the consideration or incurred the portion of the cost of conversion to which the assistance relates.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.55.1, in relation to the eligible vessel, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, in relation to the vessel, if

i.  every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to an expenditure included in computing a qualified conversion expenditure of the corporation in respect of the vessel or in computing the cost of conversion of the vessel to the corporation, were refunded, paid or allocated in the taxation year in which the corporation incurred the expenditure to which the amount refunded, paid or allocated relates, and

ii.  every government assistance or non-government assistance referred to in subparagraph b of the first paragraph that is received by a person or partnership at or before the end of the repayment year, were received in the taxation year in which the corporation paid the portion of the consideration or incurred the portion of the conversion cost to which the assistance relates; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the vessel.

2002, c. 40, s. 285; 2009, c. 5, s. 528.

1129.45.3. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 14, s. 267.

PART III.10.1.1 SPECIAL TAX RELATING TO THE CREDIT FOR RAILWAY UNDERTAKINGS

2000, c. 39, s. 243.

1129.45.3.1. In this Part, “property taxes” has the meaning assigned by section 1029.8.36.59.1.

2000, c. 39, s. 243; 2001, c. 51, s. 228; 2007, c. 12, s. 268.

1129.45.3.2. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.36.59.2, on account of its tax payable for a particular taxation year under Part I, in relation to the taxpayer’s property taxes for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the property taxes is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.36.59.2 or 1029.8.36.59.5, in relation to the property taxes, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.59.2 or 1029.8.36.59.5, in relation to the property taxes, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the property taxes, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the property taxes.

2000, c. 39, s. 243; 2002, c. 40, s. 286.

1129.45.3.3. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.36.59.3, on account of the taxpayer’s tax payable for a particular taxation year under Part I, in relation to property taxes of the partnership for a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the property taxes is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.59.3, 1029.8.36.59.6 and 1029.8.36.59.7, in relation to the property taxes, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under any of sections 1029.8.36.59.3, 1029.8.36.59.6 and 1029.8.36.59.7, for a taxation year, in relation to the property taxes, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the property taxes, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the property taxes, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer, or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

2000, c. 39, s. 243; 2002, c. 40, s. 286; 2006, c. 36, s. 241; 2009, c. 15, s. 411.

1129.45.3.4. For the purposes of Part I, except Division II.6.5.1 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  the tax that a taxpayer pays to the Minister at any time under section 1129.45.3.2 in relation to property taxes is deemed to be an amount of assistance repaid by the taxpayer at that time in respect of the property taxes pursuant to a legal obligation; and

(b)  the tax that a taxpayer pays to the Minister at any time under section 1129.45.3.3 in relation to property taxes is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the property taxes pursuant to a legal obligation.

2000, c. 39, s. 243.

1129.45.3.5. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 39, s. 243; 2002, c. 40, s. 287.

PART III.10.1.1.1 SPECIAL TAX RELATING TO THE CREDIT FOR THE CONSTRUCTION AND MAJOR REPAIR OF PUBLIC ACCESS ROADS AND BRIDGES IN FOREST AREAS

2005, c. 1, s. 282; 2006, c. 36, s. 242.

1129.45.3.5.1. In this Part,

“eligible access road or bridge” has the meaning assigned by section 1029.8.36.59.12;

“eligible expenses” has the meaning assigned by section 1029.8.36.59.12.

2005, c. 1, s. 282; 2007, c. 12, s. 304.

1129.45.3.5.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.59.13, on account of its tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the corporation for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.59.13 or 1029.8.36.59.16, in relation to the eligible expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.59.13 or 1029.8.36.59.16, in relation to the eligible expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible expenses.

2005, c. 1, s. 282; 2007, c. 12, s. 269.

1129.45.3.5.3. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.59.14, on account of its tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the partnership for the partnership’s particular fiscal period that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.59.14, 1029.8.36.59.17 and 1029.8.36.59.18, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.59.14, 1029.8.36.59.17 and 1029.8.36.59.18, in relation to the eligible expenses, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2005, c. 1, s. 282; 2006, c. 36, s. 243; 2009, c. 15, s. 412.

1129.45.3.5.4. For the purposes of sections 1129.45.3.5.2 and 1129.45.3.5.3, the amount determined in the second paragraph, in relation to eligible expenses of a corporation for a particular taxation year or of a partnership for a particular fiscal period, in respect of an eligible access road or bridge of the corporation or partnership, is deemed to be refunded to the corporation in a subsequent taxation year, in this section referred to as the “repayment year”, or to the partnership in a subsequent fiscal period, in this section referred to as the “fiscal period of repayment”, where the Minister of Natural Resources and Wildlife revokes, in the repayment year or in the fiscal period of repayment, the certificate that was issued in respect of the eligible access road or bridge.

The amount to which the first paragraph refers is equal to the amount by which the aggregate of the eligible expenses of the corporation for the particular year, or of the partnership for the particular fiscal period, exceeds the aggregate of all amounts each of which is an amount relating to those expenses that, in a taxation year preceding the repayment year but subsequent to the particular year, or in a fiscal period preceding the fiscal period of repayment but subsequent to the particular fiscal period, was refunded, otherwise paid or allocated to a payment to be made by the corporation or partnership.

No tax is payable for a taxation year under section 1129.45.3.5.2 or 1129.45.3.5.3, in respect of any amount that is refunded or otherwise paid to the corporation, the partnership or another corporation that is a member of the partnership, or is allocated to a payment to be made by the corporation, the partnership or the other corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in that taxation year or a preceding taxation year or in a fiscal period that ends in that taxation year or in a preceding taxation year.

2005, c. 1, s. 282; 2006, c. 3, s. 35.

1129.45.3.5.5. For the purposes of Part I, except for Division II.6.5.3 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a corporation at any time, under section 1129.45.3.5.2, in relation to eligible expenses is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenses, pursuant to a legal obligation; and

(b)  tax paid to the Minister by a corporation at any time, under section 1129.45.3.5.3, in relation to eligible expenses is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the expenses, pursuant to a legal obligation.

2005, c. 1, s. 282.

1129.45.3.5.6. Except where inconsistent with this Part, section 6, the first paragraph of  549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2005, c. 1, s. 282.

PART III.10.1.1.2 SPECIAL TAX RELATING TO THE CREDIT TO PROMOTE THE HIRING OF NEW GRADUATES IN THE RESOURCE REGIONS

2005, c. 1, s. 282.

1129.45.3.5.7. In this Part,

“eligible employee” has the meaning assigned by section 1029.8.36.59.21;

“qualified wages” has the meaning assigned by the first paragraph of section 1029.8.36.59.21;

“wages” has the meaning assigned by the first paragraph of section 1029.8.36.59.21.

2005, c. 1, s. 282; 2007, c. 12, s. 304.

1129.45.3.5.8. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.36.59.24, on account of the taxpayer’s tax payable under Part I for a particular taxation year, in relation to qualified wages incurred in the particular year in respect of an eligible employee, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister for the particular year under section 1029.8.36.59.24 or 1029.8.36.59.27, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.59.24 or 1029.8.36.59.27, in relation to wages included in computing the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

2005, c. 1, s. 282.

1129.45.3.5.9. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.36.59.25, on account of the taxpayer’s tax payable under Part I for a particular taxation year, in relation to qualified wages incurred by the partnership, in respect of an eligible employee, in a particular fiscal period of the partnership that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under any of sections 1029.8.36.59.25, 1029.8.36.59.28 and 1029.8.36.59.29, in relation to the qualified wages, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under any of sections 1029.8.36.59.25, 1029.8.36.59.28 and 1029.8.36.59.29, for a taxation year, in relation to the qualified wages, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the qualified wages, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer, or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

2005, c. 1, s. 282; 2006, c. 36, s. 244; 2009, c. 15, s. 413.

1129.45.3.5.10. For the purposes of Part I, except for Division II.6.5.4 of Chapter III.1 of Title III of Book IX, the following rules apply:

(a)  tax paid to the Minister by a taxpayer at any time, under section 1129.45.3.5.8, in relation to qualified wages is deemed to be an amount of assistance repaid at that time by the taxpayer in respect of the wages pursuant to a legal obligation; and

(b)  tax paid to the Minister by a taxpayer at any time, under section 1129.45.3.5.9, in relation to qualified wages is deemed to be an amount of assistance repaid at that time by the partnership referred to in that section in respect of the wages pursuant to a legal obligation.

2005, c. 1, s. 282.

1129.45.3.5.11. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2005, c. 1, s. 282.

PART III.10.1.2 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE OPTICS INDUSTRY IN THE QUÉBEC AREA

2001, c. 51, s. 218.

1129.45.3.6. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.1;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.1;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.1.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2001, c. 51, s. 218; 2007, c. 12, s. 304.

1129.45.3.7. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.2 or 1029.8.36.72.3, on account of the corporation’s tax payable under Part I, for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in its base period for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.2, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  the aggregate of all amounts each of which is an amount paid by the corporation in a taxation year preceding the particular taxation year and is a repayment to which this subparagraph has applied;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in its base period for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.3, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business in the Québec area for its taxation year in which the preceding calendar year ended, the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount paid in a taxation year preceding the particular taxation year and is a repayment to which this subparagraph has applied;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation for its base period, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.4 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year, in this paragraph referred to as the "particular group", and with which the corporation was associated at that time, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the corporation for the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the corporation in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.4 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.4 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount paid, in a calendar year preceding the particular calendar year, by a member corporation of the particular group and is a repayment of assistance, relating to such a salary or wages, to which this subparagraph has applied;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.2 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in the base period of the corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.2 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.3 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in the Québec area for its taxation year in which the preceding calendar year ended, other than a salary or wages paid in the base period of the other corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph a of section 1029.8.36.72.4 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than salary or wages paid in the base period of the other corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the corporation for the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.3 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.4 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.4 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied.

2001, c. 51, s. 218; 2002, c. 40, s. 288; 2004, c. 21, s. 473.

1129.45.3.8. For the purposes of Part I, except for Division II.6.6.1 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages, pursuant to a legal obligation.

2001, c. 51, s. 218.

1129.45.3.9. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.8 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 218.

PART III.10.1.3 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE ALUMINUM INDUSTRY IN THE SAGUENAY–LAC-SAINT-JEAN AREA

2001, c. 51, s. 218.

1129.45.3.10. In this Part,

“base period” has the meaning assigned by section 1029.8.36.72.15;

“recognized business” has the meaning assigned by section 1029.8.36.72.15;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.15.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2001, c. 51, s. 218; 2002, c. 40, s. 289; 2007, c. 12, s. 304.

1129.45.3.10.1. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.16 or 1029.8.36.72.17, on account of its tax payable under Part I for any taxation year, shall pay for a particular taxation year a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister, under section 1029.8.36.72.16 or 1029.8.36.72.17, in relation to the salaries or wages for the taxation year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages for a taxation year preceding the particular year, if in the particular year, Investissement Québec revokes a qualification certificate issued to the corporation for the purposes of Division II.6.6.2 of Chapter III.1 of Title III of Book IX of Part I.

2002, c. 40, s. 290.

1129.45.3.11. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.16 or 1029.8.36.72.17, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of the following amounts, except where section 1129.45.3.10.1 applies in relation to the salaries or wages for the taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.16, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.17, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.18 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.18 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.18 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.16 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.16 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.17 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in the Saguenay–Lac-Saint-Jean area, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.18 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of the other corporation in relation to that recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.17 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.18 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.18 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied.

2001, c. 51, s. 218; 2002, c. 40, s. 291; 2003, c. 9, s. 406; 2004, c. 21, s. 474.

1129.45.3.12. For the purposes of Part I, except for Division II.6.6.2 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages, pursuant to a legal obligation.

2001, c. 51, s. 218.

1129.45.3.13. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.22 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 218.

PART III.10.1.4 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE MANUFACTURING OR ENVIRONMENTAL SECTOR IN THE ANGUS TECHNOPOLE

2001, c. 51, s. 218.

1129.45.3.14. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.29;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.29;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.29.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2001, c. 51, s. 218; 2007, c. 12, s. 304.

1129.45.3.15. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.30 or 1029.8.36.72.31, on account of the corporation’s tax payable under Part I, for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in its base period for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.30, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  the aggregate of all amounts each of which is an amount paid by the corporation in a taxation year preceding the particular taxation year and is a repayment to which this subparagraph has applied;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in its base period for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.31, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business in the Angus Technopole for its taxation year in which the preceding calendar year ended, the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount paid in a taxation year preceding the particular taxation year and is a repayment to which this subparagraph has applied;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation for its base period for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.32 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year, in this paragraph referred to as the “particular group”, and with which the corporation was associated at that time, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the corporation for the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the corporation in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.32 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.32 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount paid, in a calendar year preceding the particular calendar year, by a member corporation of the particular group and is a repayment of assistance relating to such a salary or wages to which this subparagraph has applied;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.30 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than salary or wages paid in the base period of the corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.30 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.31 determined in respect of the corporation, in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in the Angus Technopole for its taxation year in which the preceding calendar year ended, other than salary or wages paid in the base period of the other corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to the salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph a of section 1029.8.36.72.32 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than salary or wages paid in the base period of the other corporation in relation to that preceding calendar year, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the corporation for the preceding calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.31 in respect of the corporation in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.32 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.32 had been attributed to a corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied.

2001, c. 51, s. 218; 2002, c. 40, s. 292; 2004, c. 21, s. 475.

1129.45.3.16. For the purposes of Part I, except for Division II.6.6.3 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages, pursuant to a legal obligation.

2001, c. 51, s. 218.

1129.45.3.17. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.36 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 218.

PART III.10.1.5 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE GASPÉSIE REGION AND IN CERTAIN MARITIME REGIONS OF QUÉBEC

2002, c. 9, s. 126.

1129.45.3.18. In this Part,

“base period” has the meaning assigned by section 1029.8.36.72.43;

“eligible region” has the meaning assigned by the first paragraph of section 1029.8.36.72.43;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.43;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.43.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2002, c. 9, s. 126; 2007, c. 12, s. 304.

1129.45.3.18.1. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.44 or 1029.8.36.72.45, on account of its tax payable under Part I for any taxation year, shall pay for a particular taxation year a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister, under section 1029.8.36.72.44 or 1029.8.36.72.45, in relation to the salaries or wages for the taxation year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages for a taxation year preceding the particular year, if in the particular year, Investissement Québec revokes a qualification certificate issued to the corporation for the purposes of Division II.6.6.4 of Chapter III.1 of Title III of Book IX of Part I.

The cancellation by Investissement Québec, at the request of a corporation, of a qualification certificate issued to the corporation, in relation to a recognized business referred to in paragraph b or e of the definition of “recognized business” in the first paragraph of section 1029.8.36.72.43, or in paragraph f of that definition in relation to a business whose activities are related to the activities of a business referred to in that paragraph b or e, does not constitute a revocation of the certificate for the purposes of this Part.

2002, c. 40, s. 293; 2005, c. 23, s. 250.

1129.45.3.19. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.44 or 1029.8.36.72.45, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of the following amounts, except where section 1129.45.3.18.1 applies in relation to the salaries or wages for the taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.44, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.45, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.46 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.46 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.46 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.44 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.44 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.45 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in an eligible region, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.46 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of the other corporation in relation to that recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.45 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.46 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.46 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied.

2002, c. 9, s. 126; 2002, c. 40, s. 294; 2003, c. 9, s. 407; 2004, c. 21, s. 476.

1129.45.3.20. For the purposes of Part I, except for Division II.6.6.4 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2002, c. 9, s. 126.

1129.45.3.21. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.49 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 126.

PART III.10.1.6 SPECIAL TAX RELATING TO THE CREDITS FOR THE DEVELOPMENT OF THE FIELDS OF BIOTECHNOLOGY AND NUTRACEUTICALS

2002, c. 9, s. 126; 2004, c. 21, s. 477.

1129.45.3.22. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.56;

“eligibility period” has the meaning assigned by section 1029.8.36.72.56;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.72.56;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.56;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.56.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2002, c. 9, s. 126; 2004, c. 21, s. 478; 2007, c. 12, s. 304.

1129.45.3.22.1. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under Division II.6.6.5 of Chapter III.1 of Title III of Book IX of Part I, on account of its tax payable under Part I for any taxation year, shall pay for a particular taxation year a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister, under that division, in relation to the salaries or wages, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages for a taxation year preceding the particular year, if in the particular year, Investissement Québec revokes a qualification certificate issued to the corporation in relation to the recognized business for the purposes of that division.

2004, c. 21, s. 479.

1129.45.3.23. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under Division II.6.6.5 of Chapter III.1 of Title III of Book IX of Part I, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of the following amounts, except where section 1129.45.3.22.1 applies in relation to the salaries or wages for the particular taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.57 or 1029.8.36.72.61.1, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.59 or 1029.8.36.72.61.3 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.59 or 1029.8.36.72.61.3 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.59 or 1029.8.36.72.61.3 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.57 or 1029.8.36.72.61.1 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.57 or 1029.8.36.72.61.1 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 determined in respect of the corporation, in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business, other than salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph a of section 1029.8.36.72.59 or 1029.8.36.72.61.3 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.58 or 1029.8.36.72.61.2 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.59 or 1029.8.36.72.61.3 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.59 or 1029.8.36.72.61.3 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  ii. the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied.

For the purposes of subparagraphs d to f of the first paragraph, where Investissement Québec revokes in the particular taxation year the qualification certificate issued, for the purposes of Division II.6.6.5 of Chapter III.1 of Title III of Book IX of Part I, to the corporation in relation to an eligible employee for a pay period in a calendar year within its eligibility period, in relation to a recognized business, the amount of the salary or wages paid by a corporation to that employee is deemed to be refunded to the corporation in the particular taxation year.

2002, c. 9, s. 126; 2002, c. 40, s. 295; 2004, c. 21, s. 480.

1129.45.3.24. For the purposes of Part I, except for Division II.6.6.5 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages, pursuant to a legal obligation.

2002, c. 9, s. 126.

1129.45.3.25. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.63 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 126.

PART III.10.1.7 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE RESOURCE REGIONS

2002, c. 40, s. 296.

1129.45.3.26. In this Part,

“base period” has the meaning assigned by section 1029.8.36.72.70;

“eligible region” has the meaning assigned by the first paragraph of section 1029.8.36.72.70;

“recognized business” has the meaning assigned by section 1029.8.36.72.70;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.70.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2002, c. 40, s. 296; 2007, c. 12, s. 304.

1129.45.3.27. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.71 or 1029.8.36.72.72, on account of its tax payable under Part I for any taxation year, shall pay for a particular taxation year a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister, under section 1029.8.36.72.71 or 1029.8.36.72.72, in relation to the salaries or wages for the taxation year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages for a taxation year preceding the particular year, if in the particular year, Investissement Québec revokes a qualification certificate issued to the corporation in relation to the recognized business for the purposes of Division II.6.6.6 of Chapter III.1 of Title III of Book IX of Part I.

2002, c. 40, s. 296.

1129.45.3.28. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.71 or 1029.8.36.72.72, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of the following amounts, except where section 1129.45.3.27 applies in relation to the salaries or wages for the taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.71, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.72, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.73 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.73 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.73 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.71 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.71 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.72 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business in an eligible region, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.73 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of the other corporation in relation to that recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.72 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of subparagraph a of the first paragraph of section 1029.8.36.72.73 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.73 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this paragraph has applied.

2002, c. 40, s. 296; 2003, c. 9, s. 408; 2004, c. 21, s. 481.

1129.45.3.29. For the purposes of Part I, except Division II.6.6.6 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2002, c. 40, s. 296.

1129.45.3.30. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.76 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 40, s. 296.

PART III.10.1.7.1 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE RESOURCE REGIONS, IN THE ALUMINUM VALLEY AND IN THE GASPÉSIE AND CERTAIN MARITIME REGIONS OF QUÉBEC

2004, c. 21, s. 482.

1129.45.3.30.1. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.1;

“eligibility period” has the meaning assigned by section 1029.8.36.72.82.1;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.1;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.1;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.1.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2004, c. 21, s. 482; 2007, c. 12, s. 304.

1129.45.3.30.2. Every corporation that is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, on account of its tax payable under Part I, for any given taxation year, shall pay, for a particular taxation year, if Investissement Québec revokes in the particular year a qualification certificate issued, in relation to a calendar year that ended in the given taxation year, to the corporation in relation to a recognized business for the purposes of Division II.6.6.6.1 of Chapter III.1 of Title III of Book IX of Part I, a tax equal to the amount by which the amount that the corporation is deemed to have so paid to the Minister, under any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, for the given taxation year, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have so paid to the Minister, under any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, for the given taxation year if the revoked qualification certificate had not been issued to the corporation by Investissement Québec and if the period specified in any qualification certificate issued to the corporation in relation to an employee whose duties relate directly to activities of the corporation described in the revoked qualification certificate, were adjusted to take the revocation into account; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the given taxation year, for a taxation year preceding the particular year.

The cancellation by Investissement Québec, at the request of a corporation, of a qualification certificate issued to the corporation, in relation to a recognized business referred to in paragraph b or d of the definition of “eligible region” in the first paragraph of section 1029.8.36.72.82.1, does not constitute a revocation of the certificate for the purposes of this Part.

2004, c. 21, s. 482; 2005, c. 23, s. 251; 2009, c. 15, s. 414.

1129.45.3.30.3. Every corporation that is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.72.82.2, 1029.8.36.72.82.3, 1029.8.36.72.82.3.2 and 1029.8.36.72.82.3.3, on account of its tax payable under Part I, for any taxation year, shall pay, for a particular taxation year, a tax equal to the aggregate of the following amounts, unless section 1129.45.3.30.2 applies in respect of the corporation in relation to that taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2 on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, for the purpose of computing the excess amount referred to in any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.82.4 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if, for the purposes of section 1029.8.36.72.82.4 and section 1029.8.36.72.82.4.1 or 1029.8.36.72.82.4.2, in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to any of sections 1029.8.36.72.82.4, 1029.8.36.72.82.4.1 and 1029.8.36.72.82.4.2, as the case may be, had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of the base period of a qualified corporation that is a member of a group of associated corporations referred to in section 1029.8.36.72.82.4, for the purpose of computing the excess amount referred to in any of subparagraphs a to c of the first paragraph of that section that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were a member of the group at the end of that preceding calendar year and with which the corporation was associated at that time, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3, on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if, for the purposes of section 1029.8.36.72.82.4 and section 1029.8.36.72.82.4.1 or 1029.8.36.72.82.4.2, in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to any of sections 1029.8.36.72.82.4, 1029.8.36.72.82.4.1 and 1029.8.36.72.82.4.2, as the case may be, had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(e)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that are included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than salary or wages paid in respect of the base period of the corporation, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2 on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.2 or 1029.8.36.72.82.3.2 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages;

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that are included in computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business, other than salary or wages paid in respect of the base period of the corporation, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages; and

(g)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in any of subparagraphs a to c of the first paragraph of section 1029.8.36.72.82.4 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of any of the associated corporations, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.3 or 1029.8.36.72.82.3.3 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends in respect of the corporation, in relation to the preceding calendar year, if, for the purposes of section 1029.8.36.72.82.4 and section 1029.8.36.72.82.4.1 or 1029.8.36.72.82.4.2, in relation to the preceding calendar year, every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to any of sections 1029.8.36.72.82.4, 1029.8.36.72.82.4.1 and 1029.8.36.72.82.4.2, as the case may be, had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages.

For the purposes of subparagraphs e to g of the first paragraph, where Investissement Québec revokes in the particular taxation year the qualification certificate issued, for the purposes of Division II.6.6.6.1 of Chapter III.1 of Title III of Book IX of Part I, to the corporation in relation to an eligible employee for a pay period of a calendar year within the corporation’s eligibility period, the amount of the salary or wages paid to the employee by a corporation is deemed to be refunded to the corporation in the particular taxation year.

2004, c. 21, s. 482; 2005, c. 23, s. 252; 2009, c. 15, s. 415; 2010, c. 25, s. 212.

1129.45.3.30.4. For the purposes of Part I, except Division II.6.6.6.1 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2004, c. 21, s. 482.

1129.45.3.30.5. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.82.7 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2004, c. 21, s. 482.

PART III.10.1.7.2 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE GASPÉSIE AND CERTAIN MARITIME REGIONS OF QUÉBEC IN THE FIELDS OF MARINE BIOTECHNOLOGY, MARICULTURE AND MARINE PRODUCTS PROCESSING

2005, c. 23, s. 253; 2010, c. 25, s. 213.

1129.45.3.30.6. In this Part,

“base amount” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.13;

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.13;

“eligibility period” has the meaning assigned by section 1029.8.36.72.82.13;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.13;

“recognized business” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.13;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.82.13.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2005, c. 23, s. 253; 2007, c. 12, s. 304.

1129.45.3.30.7. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, on account of its tax payable under Part I, for any given taxation year, shall pay, for a particular taxation year, if Investissement Québec revokes in the particular year a qualification certificate issued, in relation to a calendar year that ended in the given taxation year, to the corporation in relation to a recognized business for the purposes of Division II.6.6.6.2 of Chapter III.1 of Title III of Book IX of Part I, a tax equal to the amount by which the amount that the corporation is deemed to have so paid to the Minister, under section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, for the given taxation year, exceeds the aggregate of

(a)  the amount that the corporation would be deemed to have so paid to the Minister, under section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, for the given taxation year if the revoked qualification certificate had not been issued to the corporation by Investissement Québec and if the period specified in any qualification certificate issued to the corporation in relation to an employee whose duties relate directly to activities of the corporation described in the revoked qualification certificate, were adjusted to take the revocation into account; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the given taxation year, for a taxation year preceding the particular year.

2005, c. 23, s. 253.

1129.45.3.30.8. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.72.82.14 or 1029.8.36.72.82.15, on account of its tax payable under Part I, for any taxation year, shall pay, for a particular taxation year, a tax equal to the aggregate of the following amounts, unless section 1129.45.3.30.7 applies in respect of the corporation in relation to that taxation year:

(a)  if the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation and that is included in its base amount, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.14, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under that section on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.14 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  if any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of the corporation’s base period, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.15, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under that section on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  if the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation and that is included in its base amount, for the purpose of computing the excess amount referred to in paragraph b or c of section 1029.8.36.72.82.16 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if, for the purposes of sections 1029.8.36.72.82.16 and 1029.8.36.72.82.16.1 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.16 or 1029.8.36.72.82.16.1 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  if any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of the base period of a qualified corporation that is a member of a group of associated corporations referred to in section 1029.8.36.72.82.16, for the purpose of computing the excess amount referred to in paragraph b or c of that section that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were a member of the group at the end of that preceding calendar year and with which the corporation was associated at that time, the amount by which the aggregate of all amounts each of which is the amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.72.82.15, on account of its tax payable under Part I for a taxation year in which a calendar year preceding the particular calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if, for the purposes of sections 1029.8.36.72.82.16 and 1029.8.36.72.82.16.1 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.82.16 or 1029.8.36.72.82.16.1 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(e)  if, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.14 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under that section on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.14 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages;

(f)  if, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.82.15 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business, other than a salary or wages paid in respect of the base period of the corporation, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under that section on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages; and

(g)  if, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph b or c of section 1029.8.36.72.82.16 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of any of the associated corporations, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for a taxation year in which the preceding calendar year ends, exceeds the aggregate of

i.  the amount that the corporation would have been deemed to have paid to the Minister under section 1029.8.36.72.82.15 on account of its tax payable under Part I for the taxation year in which the preceding calendar year ends in respect of the corporation, in relation to the preceding calendar year, if, for the purposes of sections 1029.8.36.72.82.16 and 1029.8.36.72.82.16.1 in relation to the preceding calendar year, every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.82.16 or 1029.8.36.72.82.16.1 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is a tax paid by the corporation under this subparagraph for a taxation year preceding the particular taxation year, in respect of an amount so refunded, paid or allocated, in relation to the salary or wages.

For the purposes of subparagraphs e to g of the first paragraph, if Investissement Québec revokes in the particular taxation year the qualification certificate issued, for the purposes of Division II.6.6.6.2 of Chapter III.1 of Title III of Book IX of Part I, to the corporation in relation to an eligible employee for a pay period of a calendar year within the corporation’s eligibility period, the amount of the salary or wages paid to the employee by a corporation is deemed to be refunded to the corporation in the particular taxation year.

2005, c. 23, s. 253; 2010, c. 25, s. 214.

1129.45.3.30.9. For the purposes of Part I, except Division II.6.6.6.2 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2005, c. 23, s. 253.

1129.45.3.30.10. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.82.19 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2005, c. 23, s. 253.

PART III.10.1.8 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE CARREFOURS DE L’INNOVATION

2003, c. 9, s. 409.

1129.45.3.31. In this Part,

“base period” has the meaning assigned by the first paragraph of section 1029.8.36.72.83;

“eligibility period” has the meaning assigned by section 1029.8.36.72.83;

“eligible employee” has the meaning assigned by the first paragraph of section 1029.8.36.72.83;

“eligible site” has the meaning assigned by the first paragraph of section 1029.8.36.72.83;

“recognized business” has the meaning assigned by section 1029.8.36.72.83;

“salary or wages” has the meaning assigned by the first paragraph of section 1029.8.36.72.83.

For the purposes of this Part, a reference to a calendar year ending in a taxation year includes a reference to a calendar year ending coincidentally with that taxation year.

2003, c. 9, s. 409; 2004, c. 21, s. 483; 2007, c. 12, s. 304.

1129.45.3.32. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.84 or 1029.8.36.72.85, on account of its tax payable under Part I for any taxation year, shall pay for a particular taxation year a tax equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have so paid to the Minister, under section 1029.8.36.72.84 or 1029.8.36.72.85, in relation to the salaries or wages, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under this Part, in relation to the salaries or wages for a taxation year preceding the particular year, if in the particular year, Investissement Québec revokes a qualification certificate issued to the corporation in relation to the recognized business for the purposes of Division II.6.6.7 of Chapter III.1 of Title III of Book IX of Part I.

2003, c. 9, s. 409.

1129.45.3.33. Every corporation that, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to have paid an amount to the Minister, under section 1029.8.36.72.84 or 1029.8.36.72.85, on account of the corporation’s tax payable under Part I for any taxation year, shall pay, for a particular taxation year, a tax equal to 40% of the aggregate of the following amounts, except where section 1129.45.3.32 applies in relation to the salaries or wages for the taxation year or a preceding taxation year:

(a)  where the corporation pays, in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.84, determined in its respect, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in its respect, that relates to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if each of the amounts of assistance paid in respect of the salary or wages had been reduced by any amount paid by the corporation, in respect of such an amount of assistance, as repayment in the particular taxation year or a preceding taxation year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(b)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.85, determined in respect of the corporation, that relates to a calendar year preceding the particular calendar year ending in the particular taxation year at the end of which the corporation was not associated with any qualified corporation carrying on a recognized business for its taxation year in which the preceding calendar year ended, the aggregate of all amounts each of which is the amount by which the amount referred to in that subparagraph a, determined in respect of the corporation in relation to a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to that subparagraph a in respect of the corporation in relation to that preceding calendar year if the aggregate of all amounts each of which is an amount of assistance paid in respect of the salary or wages had been reduced by the aggregate of all amounts each of which is an amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or a preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(c)  where any other corporation pays, in the particular calendar year ending in the particular taxation year, pursuant to a legal obligation, an amount that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salary or wages paid to an employee by the other corporation in respect of its base period, in relation to the recognized business, for the purpose of computing the excess amount referred to in paragraph a of section 1029.8.36.72.86 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, the aggregate of all amounts each of which is the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the corporation for a calendar year preceding the particular calendar year, exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.86 in relation to that preceding calendar year, each of the amounts of assistance in respect of the salary or wages had been reduced by any amount paid, in respect of such an amount of assistance, as repayment in the particular calendar year or in a preceding calendar year, and if the amount determined pursuant to section 1029.8.36.72.86 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  100/40 of the aggregate of all amounts each of which is a tax paid by the corporation under this Part for a taxation year preceding the particular taxation year, in relation to a repayment of government assistance or non-government assistance that reduced the amount of such a salary or wages;

(d)  where, in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by the corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.84 determined in respect of the corporation in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than a salary or wages paid in respect of the base period of the corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.84 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received by the corporation in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied;

(e)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the particular amount referred to in subparagraph a of the first paragraph of section 1029.8.36.72.85 determined in respect of the corporation in relation to a calendar year preceding the particular calendar year at the end of which the corporation was not associated with any other qualified corporation carrying on a recognized business, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the particular amount exceeds the aggregate of

i.  the amount that would have been determined under subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the corporation in relation to that preceding calendar year if every amount that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied; and

(f)  where, in the particular calendar year ending in the particular taxation year, an amount, in relation to a salary or wages paid to an employee by any other corporation, that is included in computing the excess amount referred to in paragraph a of section 1029.8.36.72.86 that relates to a calendar year preceding the particular calendar year, in respect of all the corporations that were associated with each other at the end of that preceding calendar year and with which the corporation was associated at that time, other than a salary or wages paid in respect of the base period of the other corporation in relation to the recognized business, is, directly or indirectly, refunded or otherwise paid to the other corporation or allocated to a payment to be made by it, the amount by which the amount determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the corporation for the preceding calendar year exceeds the aggregate of

i.  the amount that would have been determined pursuant to subparagraph a of the first paragraph of section 1029.8.36.72.85 in respect of the corporation, in relation to that preceding calendar year if, for the purposes of paragraph a of section 1029.8.36.72.86 in relation to that preceding calendar year, each of the amounts that was so refunded, paid or allocated at or before the end of the particular taxation year, in relation to the salary or wages, had been government assistance received in the preceding calendar year and attributable to such a salary or wages, and if the amount determined pursuant to section 1029.8.36.72.86 had been attributed to the corporation in the same proportion as that determined in its respect in relation to the preceding calendar year, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated in a preceding taxation year, in relation to the salary or wages, to which this subparagraph has applied.

For the purposes of subparagraphs d to f of the first paragraph, where Investissement Québec revokes in the particular taxation year the qualification certificate issued, for the purposes of Division II.6.6.7 of Chapter III.1 of Title III of Book IX of Part I, to the corporation in relation to an eligible employee for a pay period in a calendar year within the corporation’s eligibility period, in relation to a recognized business, the amount of the salary or wages paid by a corporation to that employee is deemed to be refunded to the corporation in the particular taxation year.

2003, c. 9, s. 409; 2004, c. 21, s. 484.

1129.45.3.34. For the purposes of Part I, except Division II.6.6.7 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a recognized business, is deemed to be an amount of assistance repaid by the corporation at that time in respect of the salaries or wages pursuant to a legal obligation.

2003, c. 9, s. 409.

1129.45.3.35. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027, section 1029.8.36.72.89 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2003, c. 9, s. 409.

PART III.10.1.9 SPECIAL TAX RELATING TO THE CREDIT FOR THE PRODUCTION OF ETHANOL IN QUÉBEC

2006, c. 36, s. 245.

1129.45.3.36. In this Part, “eligible production of ethanol” has the meaning assigned by section 1029.8.36.0.94.

2006, c. 36, s. 245; 2007, c. 12, s. 270.

1129.45.3.37. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.0.95, on account of its tax payable under Part I, for a particular taxation year, in relation to its eligible production of ethanol for that taxation year, shall pay the tax computed under the second paragraph for a subsequent taxation year, in this section referred to as the “year concerned”, in which any of the following events occurs:

(a)  an amount that may reasonably be considered to be an amount relating to its eligible production of ethanol for the particular taxation year that, because of paragraph a of section 1029.8.36.0.99, would be included in the aggregate determined in its respect for the particular taxation year under that section if it was received by the corporation in that taxation year, is received by the corporation;

(b)  an amount that may reasonably be considered to be an amount relating to its eligible production of ethanol for the particular taxation year that, because of paragraph b of section 1029.8.36.0.99, would be included in the aggregate determined in its respect for the particular taxation year under that section if it was obtained by a person or partnership in that taxation year, is obtained by the person or partnership; and

(c)  all or a portion of its eligible production of ethanol for the particular taxation year is sold to a person or partnership that is not the holder of a collection officer’s permit issued under the Fuel Tax Act (chapter T-1) or ceases to be reasonably considered to be expected to be sold subsequently to such a holder.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.0.95 or 1029.8.36.0.101 for a taxation year preceding the year concerned in relation to its eligible production of ethanol for the particular taxation year, exceeds the total of

(a)  the amount that the corporation would be deemed to have paid to the Minister for the particular taxation year under section 1029.8.36.0.95 if any of the events described in any of subparagraphs a to c of the first paragraph or in subparagraph a or b of the first paragraph of section 1029.8.36.0.101, that occurred in the year concerned or a preceding taxation year in relation to its eligible production of ethanol for the particular taxation year, occurred in the particular taxation year; and

(b)  the aggregate of all amounts each of which is an amount that the corporation is required to pay to the Minister under this section for a taxation year preceding the year concerned in relation to its eligible production of ethanol for the particular taxation year.

For the purposes of this section, the corporation is deemed to be selling its eligible production of ethanol in the order in which it carried out the production.

2006, c. 36, s. 245.

1129.45.3.38. For the purposes of Part I, except Division II.6.0.8 of Chapter III.1 of Title III of Book IX, the tax paid at any time by a corporation to the Minister under section 1129.45.3.37, in relation to an eligible production of ethanol, is deemed to be an amount of assistance repaid at that time by the corporation in respect of the eligible production of ethanol, pursuant to a legal obligation.

2006, c. 36, s. 245.

1129.45.3.39. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2006, c. 36, s. 245.

PART III.10.2 SPECIAL TAX RELATING TO THE CREDIT FOR JOB CREATION IN THE CLOTHING AND FOOTWEAR INDUSTRY

1999, c. 83, s. 254.

1129.45.4. In this Part, “clothing”, “eligible employee”, “group of associated employers”, “initial calendar year” and “salary or wages” have the meaning assigned by the first paragraph of section 1029.8.36.73.

For the purposes of this Part, a reference to a calendar year ending in a taxation year or fiscal period includes a reference to a calendar year ending coincidentally with that taxation year or fiscal period, as the case may be.

1999, c. 83, s. 254; 2001, c. 51, s. 228; 2003, c. 9, s. 410; 2007, c. 12, s. 271.

1129.45.5. Every taxpayer who, in relation to salaries or wages paid in the course of carrying on a business of making or manufacturing clothing or footwear, is deemed to have paid an amount to the Minister, under section 1029.8.36.76 or 1029.8.36.78, on account of the taxpayer’s tax payable under Part I, for any taxation year, shall pay, for a particular taxation year, a tax equal to 20% of the aggregate of

(a)  where the taxpayer, during the particular taxation year, pays an amount, pursuant to a legal obligation, that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced the amount of the salaries or wages paid by the taxpayer to an eligible employee during the taxpayer’s initial calendar year in relation to the business for the purpose of computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.76 determined in respect of a calendar year preceding the particular calendar year ending in the particular taxation year, the aggregate of all amounts each of which is equal to the amount by which the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.76 determined in respect of the taxpayer for a calendar year preceding the particular calendar year exceeds the aggregate of

i.  the amount that would have been the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.76 determined in respect of the taxpayer for that preceding calendar year if the aggregate of all amounts each of which is an amount paid by the taxpayer as repayment of such assistance on or before the end of the particular taxation year had reduced the amount of government assistance or non-government assistance received by the taxpayer during the taxpayer’s initial calendar year in relation to that business and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount paid by the taxpayer during a taxation year preceding the particular taxation year and that is a repayment to which this subparagraph has applied in relation to that business;

(b)  where a person or partnership, during the particular calendar year ending in the particular taxation year, pays an amount, pursuant to a legal obligation, that may reasonably be considered to be repayment of government assistance or non-government assistance that reduced the amount of the salaries or wages paid to an eligible employee in the course of carrying on a business of making or manufacturing clothing or footwear, for the initial calendar year of the person or partnership in relation to the business, for the purpose of computing the excess amount referred to in section 1029.8.36.80 determined in respect of a group of associated employers of which the person or partnership was a member at the end of a calendar year preceding the particular calendar year, the aggregate of all amounts, to which the proportion determined in respect of the taxpayer, as a member of the group of associated employers, in accordance with the second paragraph for the preceding calendar year is applied, each of which is equal to the amount by which the excess amount referred to in section 1029.8.36.80 determined in respect of the group of associated employers for a calendar year preceding the particular calendar year exceeds the aggregate of

i.  the amount that would have been the excess amount referred to in section 1029.8.36.80 determined in respect of the group of associated employers for that preceding calendar year if the aggregate of all amounts each of which is an amount paid by a person or partnership as repayment of such assistance on or before the end of the particular taxation year had reduced the amount of government assistance or non-government assistance received by the person or partnership and attributable to such salaries or wages paid to an eligible employee during the initial calendar year of the person or partnership in relation to the business of making or manufacturing clothing or footwear, and

ii.  the aggregate of all amounts each of which is an amount paid during a calendar year preceding the particular calendar year by a person or partnership as a member of the group of associated employers and that is a repayment of assistance relating to such salaries or wages to which the first paragraph has applied;

(c)  where, during the particular taxation year, an amount in relation to salaries or wages paid to an eligible employee by the taxpayer in the course of carrying on the business, that are included in computing the particular excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.76 determined in respect of the taxpayer in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than the taxpayer’s initial calendar year, is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer, the amount by which the particular excess amount exceeds the aggregate of

i.  the excess amount that would be determined under subparagraph a of the first paragraph of section 1029.8.36.76 in respect of the taxpayer in relation to that preceding calendar year if any amount that was so refunded, paid or allocated on or before the end of the particular taxation year in relation to the salaries or wages were government assistance or non-government assistance received by the taxpayer in the preceding calendar year and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated during a preceding taxation year, in relation to the salaries or wages, to which this subparagraph has applied; and

(d)  where, during the particular calendar year ending in the particular taxation year, an amount in relation to salaries or wages paid to an eligible employee by a person or partnership in the course of carrying on a business of making or manufacturing clothing or footwear, that are included in computing the particular excess amount referred to in section 1029.8.36.80 determined, in respect of a group of associated employers, in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than the initial calendar year of the person or partnership, is, directly or indirectly, refunded or otherwise paid to the person or partnership or allocated to a payment to be made by the person or partnership, the proportion determined, in respect of the taxpayer as a member of the group of associated employers, in accordance with the second paragraph, for the preceding calendar year, of the amount by which the particular excess amount exceeds the aggregate of

i.  the excess amount that would be determined under section 1029.8.36.80, in respect of the group of associated employers, in relation to the preceding calendar year if any amount that was so refunded, paid or allocated on or before the end of the particular taxation year in relation to the salaries or wages, were government assistance or non-government assistance received by the person or partnership in the preceding calendar year and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated during a preceding taxation year in relation to the salaries or wages, to which this subparagraph has applied.

The proportion to which subparagraphs b and d of the first paragraph refer, determined in respect of a taxpayer for a calendar year, is the proportion that the amount attributed to the taxpayer pursuant to the agreement filed in accordance with the first paragraph of section 1029.8.36.78 by the taxpayer, as a member of the group of associated employers referred to in that section, at the end of the calendar year, is of the aggregate of all the amounts attributed pursuant to the agreement.

1999, c. 83, s. 254; 2001, c. 7, s. 169; 2003, c. 9, s. 411.

1129.45.6. Every taxpayer who is a member of a particular partnership and who, in relation to salaries or wages paid by the particular partnership in the course of carrying on a business of making or manufacturing clothing or footwear, is deemed to have paid an amount to the Minister, under section 1029.8.36.77 or 1029.8.36.79, on account of the taxpayer’s tax payable under Part I, for a taxation year, shall pay, for any particular taxation year, a tax equal to 20% of the aggregate of

(a)  where the particular partnership, during the particular fiscal period of the partnership ending in the particular taxation year, pays an amount, pursuant to a legal obligation, that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salaries or wages paid by the partnership to an eligible employee during the partnership’s initial calendar year in relation to the business for the purpose of computing the excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.77 determined in respect of a calendar year preceding the particular calendar year ending in the particular fiscal period, the taxpayer’s share of the aggregate of all amounts each of which is equal to the amount by which the excess amount referred to in that subparagraph a determined in respect of the taxpayer for a calendar year preceding the particular calendar year exceeds the aggregate of

i.  the amount that would have been the excess amount referred to in subparagraph a of the first paragraph of that section 1029.8.36.77 determined in respect of the particular partnership for that preceding calendar year if the aggregate of all amounts each of which is an amount paid by the partnership as repayment of such assistance on or before the end of the particular fiscal period had reduced the amount of government assistance or non-government assistance received by the partnership during the partnership’s initial calendar year in relation to that business and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount paid by the partnership during a fiscal period preceding the particular fiscal period and that is a repayment to which this subparagraph has applied in relation to that business;

(b)  where a person or partnership, during the particular calendar year ending in the particular taxation year, pays an amount, pursuant to a legal obligation, that may reasonably be considered to be a repayment of government assistance or non-government assistance that reduced the amount of the salaries or wages paid to an eligible employee in the course of carrying on a business of making or manufacturing clothing or footwear, for the initial calendar year of the person or partnership in relation to the business, for the purpose of computing the excess amount referred to in section 1029.8.36.80 determined in respect of a group of associated employers of which the person or partnership was a member at the end of a calendar year preceding the particular calendar year, the taxpayer’s share of the aggregate of all amounts, to which the proportion determined in respect of the taxpayer, as a member of the group of associated employers, in accordance with the second paragraph for the preceding calendar year is applied, each of which is equal to the amount by which the excess amount referred to in section 1029.8.36.80 determined in respect of the group of associated employers for a calendar year preceding the particular calendar year exceeds the aggregate of

i.  the amount that would have been the excess amount referred to in section 1029.8.36.80 determined in respect of the group of associated employers for that preceding calendar year if the aggregate of all amounts each of which is an amount paid by a person or partnership as repayment of such assistance on or before the end of the particular taxation year had reduced the amount of government assistance or non-government assistance received by the person or partnership and attributable to such salaries or wages paid to an eligible employee during the initial calendar year of the person or partnership in relation to the business of making or manufacturing clothing or footwear, and

ii.  the aggregate of all amounts each of which is an amount paid during a calendar year preceding the particular calendar year by a person or partnership as a member of the group of associated employers and that is a repayment of assistance relating to such salaries or wages to which this paragraph has applied;

(c)  where, during the particular fiscal period of the particular partnership ending in the particular taxation year, an amount in relation to salaries or wages paid to an eligible employee by the particular partnership in the course of carrying on the business, that are included in computing the particular excess amount referred to in subparagraph a of the first paragraph of section 1029.8.36.77 determined in respect of the particular partnership in relation to a calendar year preceding the calendar year ending in the particular fiscal period, other than the particular partnership’s initial calendar year, is, directly or indirectly, refunded or otherwise paid to the particular partnership or allocated to a payment to be made by the particular partnership, the taxpayer’s share of the amount by which the particular excess amount exceeds the aggregate of

i.  the excess amount that would be determined under subparagraph a of the first paragraph of section 1029.8.36.77 in respect of the particular partnership in relation to that preceding calendar year if any amount that was so refunded, paid or allocated on or before the end of the particular fiscal period in relation to the salaries or wages were government assistance or non-government assistance received by the particular partnership in the preceding calendar year and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated during a fiscal period preceding the particular fiscal period, in relation to the salaries or wages, to which this subparagraph has applied; and

(d)  where, during the particular calendar year ending in the particular taxation year, an amount in relation to salaries or wages paid to an eligible employee by a person or partnership in the course of carrying on a business of making or manufacturing clothing or footwear, that are included in computing the particular excess amount referred to in section 1029.8.36.80 determined, in respect of a group of associated employers, in relation to a calendar year preceding the calendar year ending in the particular taxation year, other than the initial calendar year of the person or partnership, is, directly or indirectly, refunded or otherwise paid to the person or partnership or allocated to a payment to be made by the person or partnership, the taxpayer’s share of the proportion determined, in respect of the particular partnership as a member of the group of associated employers, in accordance with the second paragraph, for the preceding calendar year, of the amount by which the particular excess amount exceeds the aggregate of

i.  the excess amount that would be determined under section 1029.8.36.80, in respect of the group of associated employers, in relation to the preceding calendar year if any amount that was so refunded, paid or allocated on or before the end of the particular taxation year in relation to the salaries or wages, were government assistance or non-government assistance received by the person or partnership in the preceding calendar year and attributable to such salaries or wages, and

ii.  the aggregate of all amounts each of which is an amount so refunded, paid or allocated during a preceding taxation year in relation to the salaries or wages, to which this subparagraph has applied.

The proportion to which subparagraphs b and d of the first paragraph refer, determined in respect of a partnership for a calendar year, is equal to the proportion that the amount attributed to the partnership pursuant to the agreement filed in accordance with section 1029.8.36.79 by the partnership as a member of the group of associated employers referred to in that section, at the end of the calendar year, is of the aggregate of all the amounts attributed pursuant to the agreement.

For the purposes of the first paragraph, the taxpayer’s share of an amount is equal to the agreed proportion of the amount in respect of the taxpayer for the particular partnership’s fiscal period that ends in the particular taxation year.

1999, c. 83, s. 254; 2001, c. 7, s. 169; 2009, c. 15, s. 416.

1129.45.7. For the purposes of this Part, the following rules apply:

(a)  where, at a particular time, a taxpayer who is a member of a partnership has received, is entitled to receive or may reasonably expect to receive assistance referred to in subparagraph i of any of subparagraphs a to c of the first paragraph of section 1029.8.36.83, the amount of the assistance that is attributable to salaries or wages paid by the partnership is deemed to be such assistance attributable to the salaries or wages received by the partnership at that time; and

(b)  the repayment, at a particular time, of assistance referred to in paragraph a by a taxpayer who is a member of a partnership, that is attributable to salaries or wages paid by the partnership is deemed to be made by the partnership at that time as a repayment of such assistance attributable to the salaries or wages.

1999, c. 83, s. 254.

1129.45.7.1. For the purposes of Part I, tax paid to the Minister by a taxpayer at any time, under this Part, in relation to salaries or wages paid in the course of carrying on a business of making or manufacturing clothing or footwear is deemed to be an amount of assistance repaid by the taxpayer at that time in respect of such salaries or wages, pursuant to a legal obligation.

1999, c. 83, s. 254; 2001, c. 7, s. 169; 2009, c. 15, s. 417.

1129.45.8. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027, section 1029.8.36.84 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 254.

PART III.10.3 SPECIAL TAX RELATING TO THE CREATION OF INVESTMENT FUNDS

1999, c. 83, s. 254.

1129.45.9. In this Part,

“qualified investment fund” has the meaning assigned by the first paragraph of section 1029.8.36.89;

“qualified start-up expenditure” has the meaning assigned by the first paragraph of section 1029.8.36.89.

1999, c. 83, s. 254; 2007, c. 12, s. 304.

1129.45.10. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.90, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to an expenditure included in a qualified start-up expenditure of the corporation in respect of a qualified investment fund is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.90, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to an expenditure included in a qualified start-up expenditure of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

1999, c. 83, s. 254; 2001, c. 51, s. 219; 2002, c. 40, s. 297.

1129.45.11. For the purposes of Part I, except Division II.6.8 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time, under this Part, in relation to an expenditure in respect of a qualified investment fund, is deemed to be an amount of assistance repaid by the corporation at that time in respect of that expenditure, pursuant to a legal obligation.

1999, c. 83, s. 254; 2001, c. 7, s. 169.

1129.45.12. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 254.

PART III.10.4 SPECIAL TAX RELATING TO FUND MANAGERS

1999, c. 83, s. 254.

1129.45.13. In this Part, “qualified wages” and “wages” have the meaning assigned by section 1029.8.36.95.

1999, c. 83, s. 254; 2007, c. 12, s. 304; 2010, c. 25, s. 215.

1129.45.14. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.96, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages paid to an individual for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.96 or 1029.8.36.98, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.96 or 1029.8.36.98, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

1999, c. 83, s. 254; 2002, c. 9, s. 127; 2002, c. 40, s. 298.

1129.45.15. For the purposes of Part I, except Division II.6.9 of Chapter III.1 of Title III of Book IX, the tax paid, at any time, by a corporation to the Minister under this Part in relation to qualified wages is deemed to be an amount of assistance repaid by the corporation at that time in respect of those wages, pursuant to a legal obligation.

1999, c. 83, s. 254; 2001, c. 7, s. 169.

1129.45.16. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1999, c. 83, s. 254.

PART III.10.5 SPECIAL TAX RELATING TO SOLICITATION EXPENDITURE

1999, c. 86, s. 89.

1129.45.17. In this Part, “qualified solicitation expenditure” has the meaning assigned by section 1029.8.36.102.

1999, c. 86, s. 89; 2002, c. 40, s. 299; 2007, c. 12, s. 272.

1129.45.18. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.104, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to a qualified solicitation expenditure of the corporation is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.104, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to a qualified solicitation expenditure of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

1999, c. 86, s. 89; 2002, c. 40, s. 300.

1129.45.19. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.36.105, on account of the taxpayer’s tax payable under Part I, in relation to that partnership, shall pay the tax referred to in the second paragraph for the taxation year in which a fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to a qualified solicitation expenditure of the partnership is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.36.105, in relation to that partnership, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the partnership, if

i.  every amount that is so refunded, paid or allocated at or before the end of the fiscal period of repayment, in relation to a qualified solicitation expenditure of the partnership for a fiscal period, were refunded, paid or allocated in that fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, in relation to the partnership, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 86, s. 89; 2002, c. 40, s. 300; 2006, c. 36, s. 246; 2009, c. 15, s. 418.

1129.45.20. For the purposes of Part I, the tax paid by a taxpayer to the Minister, at any time, under this Part in relation to a particular expenditure is deemed to be an amount of assistance repaid at that time in respect of that expenditure pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.19, where the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by the partnership; or

(b)  the taxpayer, in all other cases.

1999, c. 86, s. 89; 2001, c. 7, s. 169; 2009, c. 5, s. 529.

1129.45.21. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1999, c. 86, s. 89; 2002, c. 40, s. 301.

PART III.10.6 SPECIAL TAX RELATING TO SPECIALIST TRAINING

1999, c. 86, s. 89.

1129.45.22. In this Part,

“qualified wages” has the meaning assigned by section 1029.8.36.115;

“wages” means the income computed under Chapters I and II of Title II of Book III of Part I.

1999, c. 86, s. 89; 2002, c. 40, s. 302; 2007, c. 12, s. 304.

1129.45.23. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.116, on account of its tax payable for a particular taxation year under Part I, in relation to the qualified wages attributed to the particular year and paid to an individual by the corporation, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.116 or 1029.8.36.121, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.116 or 1029.8.36.121, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

1999, c. 86, s. 89; 2002, c. 40, s. 303.

1129.45.24. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.36.117, on account of the taxpayer’s tax payable for a particular taxation year under Part I, in relation to the qualified wages attributed to a particular fiscal period of the partnership that ends in the particular year and paid to an individual by the partnership, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.36.117, 1029.8.36.122 or 1029.8.36.123, in relation to the qualified wages, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.117, 1029.8.36.122 or 1029.8.36.123, for a taxation year, in relation to the qualified wages, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the qualified wages, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer, or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

1999, c. 86, s. 89; 2002, c. 40, s. 303; 2006, c. 36, s. 247; 2009, c. 15, s. 419.

1129.45.25. For the purposes of Part I, except Division II.6.11 of Chapter III.1 of Title III of Book IX, the tax paid by a taxpayer to the Minister at any time under this Part in relation to a particular expenditure is deemed to be assistance repaid at that time in respect of that expenditure pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.24, where the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by the partnership; or

(b)  the taxpayer, in all other cases.

1999, c. 86, s. 89; 2001, c. 7, s. 169.

1129.45.26. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564, where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1999, c. 86, s. 89; 2002, c. 40, s. 304.

PART III.10.7 SPECIAL TAX RELATING TO SOLICITATION EXPENDITURE IN RESPECT OF A FOREIGN INVESTMENT FUND

2001, c. 51, s. 220.

1129.45.27. In this Part, “qualified solicitation expenditure” has the meaning assigned by section 1029.8.36.125.

2001, c. 51, s. 220; 2002, c. 40, s. 305; 2007, c. 12, s. 273.

1129.45.28. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.129, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to a qualified solicitation expenditure made by the corporation is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.129, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under that section, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to a qualified solicitation expenditure made by the corporation, were refunded, paid or allocated in the taxation year in which the corporation made the expenditure; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

2001, c. 51, s. 220; 2002, c. 40, s. 306.

1129.45.29. Every taxpayer who is a member of a partnership and who is deemed to have paid an amount to the Minister, under section 1029.8.36.132, on account of the taxpayer’s tax payable under Part I, in relation to the partnership, shall pay the tax referred to in the second paragraph for the taxation year in which a fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to a qualified solicitation expenditure made by the partnership is, directly or indirectly, refunded or otherwise paid to the partnership or taxpayer or allocated to a payment to be made by the partnership or taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister for a taxation year under section 1029.8.36.132, in relation to the partnership, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under that section, for a taxation year, in relation to the partnership, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to a qualified solicitation expenditure made by the partnership, were refunded, paid or allocated in the fiscal period in which the partnership made the expenditure, and

ii.  the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the taxation year were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer would be required to pay to the Minister under this section, in relation to the partnership, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, if the agreed proportion in respect of the taxpayer for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the taxpayer, or allocated to a payment to be made by the taxpayer is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated by the reciprocal of the agreed proportion in respect of the taxpayer for the fiscal period of repayment.

2001, c. 51, s. 220; 2002, c. 40, s. 306; 2006, c. 36, s. 248; 2009, c. 15, s. 420.

1129.45.30. For the purposes of Part I, except for Division II.6.12 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a taxpayer at any time, under this Part, in relation to a particular expenditure, is deemed to be an amount of assistance repaid at that time in respect of that expenditure pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.29, where the tax arises from an amount directly or indirectly refunded or otherwise paid to that partnership or allocated to a payment required to be made by the partnership; or

(b)  the taxpayer, in any other case.

2001, c. 51, s. 220.

1129.45.31. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2001, c. 51, s. 220; 2002, c. 40, s. 307.

PART III.10.8 SPECIAL TAX RELATING TO FINANCIAL ANALYSTS SPECIALIZED IN SECURITIES OF QUÉBEC CORPORATIONS OR IN FINANCIAL DERIVATIVES

2002, c. 9, s. 128; 2003, c. 9, s. 412.

1129.45.32. In this Part, “qualified wages” and “wages” have the meaning assigned by section 1029.8.36.147.

2002, c. 9, s. 128; 2007, c. 12, s. 304; 2010, c. 25, s. 216.

1129.45.33. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.152, on account of its tax payable for a particular taxation year under Part I, in relation to qualified wages paid to an individual for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to wages included in computing the qualified wages is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.152 or 1029.8.36.154, in relation to the qualified wages, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.152 or 1029.8.36.154, in relation to the qualified wages, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to wages included in computing the qualified wages, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the qualified wages.

2002, c. 9, s. 128; 2002, c. 40, s. 308.

1129.45.34. For the purposes of Part I, except Division II.6.13 of Chapter III.1 of Title III of Book IX, the tax paid, at any time, by a corporation to the Minister under this Part in relation to qualified wages is deemed to be an amount of assistance repaid by the corporation at that time in respect of those wages pursuant to a legal obligation.

2002, c. 9, s. 128.

1129.45.35. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 128.

PART III.10.9 SPECIAL TAX IN RESPECT OF THE CREDIT RELATING TO COMMUNICATIONS BETWEEN CORPORATIONS AND STOCK MARKET INVESTORS

2002, c. 40, s. 309.

1129.45.36. In this Part,

“communications expenditure” has the meaning assigned by section 1029.8.36.157;

“eligible communications expenditure” has the meaning assigned by section 1029.8.36.157;

“eligible road show” has the meaning assigned by section 1029.8.36.157.

2002, c. 40, s. 309; 2007, c. 12, s. 304.

1129.45.37. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.163, on account of its tax payable for a particular taxation year under Part I, in relation to its eligible communications expenditure for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to expenses taken into account in determining a communications expenditure included in computing the eligible communications expenditure is, directly or indirectly, refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.163 or 1029.8.36.165, in relation to its eligible communications expenditure for the particular year, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.163 or 1029.8.36.165, in relation to the eligible communications expenditure, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to expenses taken into account in determining a communications expenditure included in computing the eligible communications expenditure, were refunded, paid or allocated in the particular taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section, for a taxation year preceding the repayment year, in relation to the eligible communications expenditure.

However, no tax is payable under this section if section 1129.45.39 applies, for the repayment year or a preceding taxation year, in respect of the eligible communications expenditure.

2002, c. 40, s. 309.

1129.45.38. For the purposes of section 1129.45.37, the amount determined in the second paragraph, in relation to particular expenses taken into account in determining a communications expenditure included in computing the eligible communications expenditure of the corporation for a particular taxation year, is deemed to be refunded to the corporation in a subsequent taxation year, in this section referred to as the “repayment year”, in which the Minister of Finance revokes the certificate that was issued to the corporation for the particular year in respect of the eligible road show for which the communications expenditure was incurred.

The amount to which the first paragraph refers is equal to the amount by which the particular expenses exceed the aggregate of all amounts each of which is an amount relating to the particular expenses that, in a taxation year preceding the repayment year but subsequent to the particular year, was refunded, otherwise paid or allocated to a payment to be made by the corporation.

No tax is payable for a taxation year under section 1129.45.37, in respect of any amount that is refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation, if that amount is included in an amount that is deemed to have been refunded, under this section, in that taxation year or in a preceding taxation year.

2002, c. 40, s. 309.

1129.45.39. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.163, on account of its tax payable for a particular taxation year under Part I, in relation to its eligible communications expenditure for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “revocation year”, in which the Minister of Finance revokes the certificate referred to in the definition of “qualified corporation”, in the first paragraph of section 1029.8.36.157, that was issued to the corporation for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.163 or 1029.8.36.165, in relation to the eligible communications expenditure, exceeds the aggregate of all amounts each of which is a tax the corporation is required to pay to the Minister under section 1129.45.37, for a taxation year preceding the revocation year, in relation to the eligible communications expenditure.

2002, c. 40, s. 309.

1129.45.40. For the purposes of Part I, except Division II.6.14 of Chapter III.1 of Title III of Book IX, the tax paid, at any time, by a corporation to the Minister under this Part in relation to an eligible communications expenditure is deemed to be an amount of assistance repaid by the corporation at that time in respect of the expenditure pursuant to a legal obligation.

2002, c. 40, s. 309.

1129.45.41. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 40, s. 309.

PART III.10.9.1 SPECIAL TAX RELATING TO THE CREDITS TO FOSTER THE PARTICIPATION OF SECURITIES DEALERS ON THE NASDAQ STOCK EXCHANGE

2003, c. 9, s. 413.

1129.45.41.1. In this Part,

“expenditure in respect of administrative costs” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.166.1;

“expenditure in respect of labour recruitment and training” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.166.1;

“expenditure in respect of technological equipment” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.166.1;

“expenditure in respect of the eligible transaction management system” of a corporation for a taxation year has the meaning assigned by section 1029.8.36.166.1.

2003, c. 9, s. 413; 2007, c. 12, s. 304.

1129.45.41.2. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.9, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to expenses or professional fees that were included in computing the expenditure in respect of administrative costs of the corporation for a taxation year is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.9 or 1029.8.36.166.26, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of those sections, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the expenses or professional fees that were included in computing the expenditure in respect of administrative costs of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

However, no tax is payable under this section if section 1129.45.41.6 applies, for the repayment year or a preceding taxation year, in respect of the expenditure in respect of administrative costs of the corporation for a taxation year.

2003, c. 9, s. 413.

1129.45.41.3. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.12, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to expenses that were included in computing the expenditure in respect of technological equipment of the corporation for a taxation year is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.12 or 1029.8.36.166.27, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of those sections, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the expenses that were included in computing the expenditure in respect of technological equipment of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

However, no tax is payable under this section if section 1129.45.41.7 applies, for the repayment year or a preceding taxation year, in respect of the expenditure in respect of technological equipment of the corporation for a taxation year.

2003, c. 9, s. 413.

1129.45.41.4. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.15, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to expenses that were included in computing the expenditure in respect of labour recruitment and training of the corporation for a taxation year is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.15 or 1029.8.36.166.28, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of those sections, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the expenses that were included in computing the expenditure in respect of labour recruitment and training of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

However, no tax is payable under this section if section 1129.45.41.8 applies, for the repayment year or a preceding taxation year, in respect of the expenditure in respect of labour recruitment and training of the corporation for a taxation year.

2003, c. 9, s. 413.

1129.45.41.5. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.18, on account of its tax payable under Part I shall pay the tax referred to in the second paragraph for a taxation year, in this section referred to as the “repayment year”, in which an amount relating to expenses or a royalty that were included in computing the expenditure in respect of the eligible transaction management system of the corporation for a taxation year is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under section 1029.8.36.166.18 or 1029.8.36.166.29, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of those sections, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the expenses or a royalty that were included in computing the expenditure in respect of the eligible transaction management system of the corporation for a taxation year, were refunded, paid or allocated in the taxation year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year.

However, no tax is payable under this section if section 1129.45.41.9 applies, for the repayment year or a preceding taxation year, in respect of the expenditure in respect of the eligible transaction management system of the corporation for a taxation year.

2003, c. 9, s. 413.

1129.45.41.6. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.9, on account of its tax payable for a particular taxation year under Part I, in relation to its expenditure in respect of administrative costs for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “revocation year”, in which the Minister of Finance revokes the qualification certificate referred to in the definition of “qualified corporation” in section 1029.8.36.166.1 that was issued to the corporation for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.166.9 or 1029.8.36.166.26, in relation to the expenditure in respect of administrative costs, exceeds the aggregate of all amounts each of which is a tax the corporation is required to pay to the Minister under section 1129.45.41.2, for a taxation year preceding the revocation year, in relation to the expenditure in respect of administrative costs.

2003, c. 9, s. 413.

1129.45.41.7. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.12, on account of its tax payable for a particular taxation year under Part I, in relation to its expenditure in respect of technological equipment for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “revocation year”, in which the Minister of Finance revokes the qualification certificate referred to in the definition of “qualified corporation” in section 1029.8.36.166.1 that was issued to the corporation for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.166.12 or 1029.8.36.166.27, in relation to the expenditure in respect of technological equipment, exceeds the aggregate of all amounts each of which is a tax the corporation is required to pay to the Minister under section 1129.45.41.3, for a taxation year preceding the revocation year, in relation to the expenditure in respect of technological equipment.

2003, c. 9, s. 413.

1129.45.41.8. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.15, on account of its tax payable for a particular taxation year under Part I, in relation to its expenditure in respect of labour recruitment and training for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “revocation year”, in which the Minister of Finance revokes the qualification certificate referred to in the definition of “qualified corporation” in section 1029.8.36.166.1 that was issued to the corporation for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.166.15 or 1029.8.36.166.28, in relation to the expenditure in respect of labour recruitment and training, exceeds the aggregate of all amounts each of which is a tax the corporation is required to pay to the Minister under section 1129.45.41.4, for a taxation year preceding the revocation year, in relation to the expenditure in respect of labour recruitment and training.

2003, c. 9, s. 413.

1129.45.41.9. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.166.18, on account of its tax payable for a particular taxation year under Part I, in relation to its expenditure in respect of the eligible transaction management system for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “revocation year”, in which the Minister of Finance revokes the qualification certificate referred to in the definition of “qualified corporation” in section 1029.8.36.166.1 or the certificate referred to in the definition of “eligible transaction management system” in that section that was issued to the corporation for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister, under section 1029.8.36.166.18 or 1029.8.36.166.29, in relation to the expenditure in respect of the eligible transaction management system, exceeds the aggregate of all amounts each of which is a tax the corporation is required to pay to the Minister under section 1129.45.41.5, for a taxation year preceding the revocation year, in relation to the expenditure in respect of the eligible transaction management system.

2003, c. 9, s. 413.

1129.45.41.10. For the purposes of Part I, except Division II.6.14.1 of Chapter III.1 of Title III of Book IX, the tax paid, at any time, by a corporation to the Minister under this Part in relation to its expenditure in respect of administrative costs, its expenditure in respect of technological equipment, its expenditure in respect of labour recruitment and training or its expenditure in respect of the eligible transaction management system, is deemed to be an amount of assistance repaid by the corporation at that time pursuant to a legal obligation.

2003, c. 9, s. 413.

1129.45.41.11. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2003, c. 9, s. 413.

PART III.10.9.2 SPECIAL TAX IN RESPECT OF THE CREDIT FOR INVESTMENTS RELATING TO MANUFACTURING AND PROCESSING EQUIPMENT

2009, c. 15, s. 421.

1129.45.41.12. In this Part, “eligible expenses” and “qualified property” have the meaning assigned by section 1029.8.36.166.40.

2009, c. 15, s. 421.

1129.45.41.13. Every corporation that is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.166.43, 1029.8.36.166.46 and 1029.8.36.166.47, on account of its tax payable under Part I for a particular taxation year, in relation to its eligible expenses for the year in respect of a qualified property, shall pay the tax computed under the second paragraph for a subsequent taxation year (in this section referred to as the “repayment year”) in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under any of sections 1029.8.36.166.43, 1029.8.36.166.46, 1029.8.36.166.47 and 1029.8.36.166.55, in relation to the eligible expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under any of sections 1029.8.36.166.43, 1029.8.36.166.46, 1029.8.36.166.47 and 1029.8.36.166.55, in relation to the eligible expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible expenses.

However, no tax is payable under this section, in relation to the eligible expenses in respect of a property referred to in the first paragraph, if section 1129.45.41.15 applies in respect of the property for the repayment year or applied in respect of the property for a preceding taxation year.

2009, c. 15, s. 421.

1129.45.41.14. Every corporation that is a member of a partnership and is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.166.44, 1029.8.36.166.46 and 1029.8.36.166.47, on account of the corporation’s tax payable under Part I for a particular taxation year, in relation to the partnership’s eligible expenses, in respect of a qualified property, for the partnership’s particular fiscal period that ends in that particular year, shall pay the tax computed under the second paragraph for the taxation year in which ends a subsequent fiscal period of the partnership (in this section referred to as the “fiscal period of repayment”) in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends under any of sections 1029.8.36.166.44, 1029.8.36.166.46, 1029.8.36.166.47, 1029.8.36.166.56 and 1029.8.36.166.57, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under any of sections 1029.8.36.166.44, 1029.8.36.166.46, 1029.8.36.166.47, 1029.8.36.166.56 and 1029.8.36.166.57, for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends, in relation to the eligible expenses, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

However, no tax is payable under this section, in relation to the eligible expenses in respect of a property referred to in the first paragraph, if section 1129.45.41.16 applies in respect of the property for the taxation year in which the fiscal period of repayment ends or applied in respect of the property in a preceding taxation year.

2009, c. 15, s. 421.

1129.45.41.15. Every corporation that, in relation to its eligible expenses in respect of a qualified property, is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.166.43, 1029.8.36.166.46 and 1029.8.36.166.47, on account of its tax payable under Part I for any taxation year, shall pay, for a particular taxation year, the tax computed under the second paragraph, if at any time between the corporation’s filing-due date for the taxation year preceding the particular year and the day after the day that is the end of the period of 730 days following the beginning of the use of the qualified property by the first purchaser of the property or by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, or, if it precedes the day that is the end of the period of 730 days, the filing-due date, for the particular year, of the purchaser that owns the property at the end of the particular year, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on

(a)  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property; or

(b)  by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under any of sections 1029.8.36.166.43, 1029.8.36.166.46, 1029.8.36.166.47 and 1029.8.36.166.55, in relation to its eligible expenses in respect of the qualified property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under section 1129.45.41.13, in relation to its eligible expenses in respect of the property, for a taxation year preceding the particular year.

2009, c. 15, s. 421.

1129.45.41.16. Every corporation that is a member of a partnership and is deemed to have paid an amount to the Minister, under any of sections 1029.8.36.166.44, 1029.8.36.166.46 and 1029.8.36.166.47, on account of the corporation’s tax payable under Part I for any given taxation year in relation to its share of the partnership’s eligible expenses in respect of a qualified property in a fiscal period of the partnership that ends in the given year, shall pay, for a particular taxation year, the tax computed under the second paragraph, if at any time between the day that is six months after the end of the partnership’s fiscal period that ends in the taxation year preceding the particular year and the day after the earlier of the day that is the end of the period of 730 days following the beginning of the use of the qualified property by the first purchaser of the property or by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, and the day that is six months after the end of the partnership’s fiscal period that ends in the particular year, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on

(a)  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property, or

(b)  by a subsequent purchaser of the property that acquired it in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister under any of sections 1029.8.36.166.44, 1029.8.36.166.46, 1029.8.36.166.47, 1029.8.36.166.56 and 1029.8.36.166.57, in respect of the qualified property for a taxation year preceding the particular year, exceeds the aggregate of all amounts each of which is a tax that the corporation is required to pay under section 1129.45.41.14, in respect of the property, for a taxation year preceding the particular year.

2009, c. 15, s. 421.

1129.45.41.17. For the purposes of Part I, except Division II.6.14.2 of Chapter III.1 of Title III of Book IX, tax paid to the Minister by a corporation at any time, under this Part, in relation to eligible expenses in respect of a qualified property, is deemed to be an amount of assistance repaid at that time in respect of those expenses, pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.41.14 or 1129.45.41.16, in the case of tax paid under that section; or

(b)  the corporation, in any other case.

2009, c. 15, s. 421.

1129.45.41.18. Unless otherwise provided in this Part, section 6, the first paragraph of section 549, section 564 if it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2009, c. 15, s. 421.

PART III.10.10 SPECIAL TAX RELATING TO THE CREDIT RELATING TO MINING, PETROLEUM, GAS OR OTHER RESOURCES

2002, c. 40, s. 309.

1129.45.42. In this Part, “eligible expenses” has the meaning assigned by section 1029.8.36.167.

2002, c. 40, s. 309; 2007, c. 12, s. 274.

1129.45.43. Every corporation that is deemed to have paid an amount to the Minister, under section 1029.8.36.168 or 1029.8.36.170, on account of its tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the corporation for the particular year, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation is deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.168 or 1029.8.36.170 or under any of sections 1029.8.36.171.1, 1029.8.36.171.2 and 1029.8.36.173, in relation to the eligible expenses, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year preceding the repayment year under section 1029.8.36.168 or 1029.8.36.170 or under any of sections 1029.8.36.171.1, 1029.8.36.171.2 and 1029.8.36.173, in relation to the eligible expenses, if every amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation is required to pay to the Minister under this section for a taxation year preceding the repayment year, in relation to the eligible expenses.

2002, c. 40, s. 309; 2004, c. 21, s. 485.

1129.45.44. Every corporation that is a member of a partnership and that is deemed to have paid an amount to the Minister, under section 1029.8.36.169 or 1029.8.36.171, on account of its tax payable under Part I for a particular taxation year, in relation to the eligible expenses of the partnership for the partnership’s particular fiscal period that ends in the particular year, shall pay the tax referred to in the second paragraph for the taxation year in which a subsequent fiscal period of the partnership ends, in this section referred to as the “fiscal period of repayment”, in which an amount relating to the eligible expenses is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends under section 1029.8.36.169 or 1029.8.36.171 or under any of sections 1029.8.36.171.1, 1029.8.36.171.2, 1029.8.36.174 and 1029.8.36.175, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the corporation would be deemed to have paid to the Minister under section 1029.8.36.169 or 1029.8.36.171 or under any of sections 1029.8.36.171.1, 1029.8.36.171.2, 1029.8.36.174 and 1029.8.36.175, for a taxation year in which a fiscal period of the partnership preceding the fiscal period of repayment ends, in relation to the eligible expenses, if

i.  every amount that is, at or before the end of the fiscal period of repayment, so refunded, paid or allocated, in relation to the eligible expenses, were refunded, paid or allocated in the particular fiscal period, and

ii.  the agreed proportion in respect of the corporation for that preceding fiscal period were the same as that for the fiscal period of repayment; and

(b)  the aggregate of all amounts each of which is a tax that the corporation would be required to pay to the Minister under this section, for a taxation year preceding the taxation year in which the fiscal period of repayment ends, in relation to the eligible expenses, if the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the preceding taxation year were the same as that for the fiscal period of repayment.

For the purposes of the second paragraph, an amount referred to in subparagraph i of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the fiscal period of repayment.

2002, c. 40, s. 309; 2004, c. 21, s. 486; 2006, c. 36, s. 249; 2009, c. 15, s. 422.

1129.45.44.1. For the purposes of Part I, except Division II.6.15 of Chapter III.1 of Title III of Book IX, the tax paid to the Minister by a corporation at any time under this Part, in relation to eligible expenses incurred after 12 June 2003, is deemed to be an amount of assistance repaid at that time in respect of the expenses, pursuant to a legal obligation, by

(a)  the partnership referred to in section 1129.45.44, if the tax arises from an amount directly or indirectly refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  the corporation, in any other case.

2006, c. 36, s. 250.

1129.45.45. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 40, s. 309.

PART III.10.11 SPECIAL TAX RELATING TO QUALIFIED PATRONAGE DIVIDENDS OF COOPERATIVES

2004, c. 21, s. 487.

1129.45.46. In this Part,

“qualification certificate” means the qualification certificate referred to in the definition of “qualified cooperative” in section 726.27;

“qualified patronage dividend” of a cooperative means a patronage dividend issued by the cooperative in the form of a preferred share received after 21 February 2002 and before 1 January 2013 by a member of the cooperative.

2004, c. 21, s. 487; 2007, c. 12, s. 304.

1129.45.47. Where, in a taxation year, the Minister of Economic Development, Innovation and Export Trade revokes a qualification certificate issued to a cooperative for a particular taxation year, the cooperative shall pay for the year a tax equal to 10% of the amount that is the aggregate of the qualified patronage dividends it paid in the particular year.

2004, c. 21, s. 487; 2006, c. 8, s. 31.

1129.45.48. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2004, c. 21, s. 487.

PART III.11 ADDITIONAL TAX FOR MANUFACTURERS OF TOBACCO PRODUCTS

1995, c. 49, s. 235.

1129.46. In this Part, “establishment” has the meaning assigned by section 1.

1995, c. 49, s. 235; 1997, c. 3, s. 71; 1997, c. 14, s. 290; 2002, c. 40, s. 310; 2007, c. 12, s. 275.

1129.47. Every corporation having an establishment in Québec at any time in a taxation year shall pay a tax for that year equal to the product obtained by multiplying the amount determined under section 1129.48 in respect of the corporation for the year by the proportion that

(a)  the number of days in the year that are after 8 February 1994 and before 9 February 1997, is of

(b)  the number of days in the year.

1995, c. 49, s. 235; 1997, c. 3, s. 71.

1129.48. The amount referred to in section 1129.47 in respect of a corporation for a taxation year is equal to the lesser of

(a)  the tax payable by the corporation for its taxation year 1993 under Part IV, and

(b)  the amount determined in respect of the corporation for the year by the formula

A × B.

For the purposes of the formula in subparagraph b of the first paragraph,

(a)  A is the amount that would be determined in respect of the corporation for the year under the definition of “Part I tax on tobacco manufacturing profits” in subsection 2 of section 182 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), if the reference therein to “21%” were read as “4.45%”; and

(b)  B is the ratio between the business carried on by the corporation in Québec in the year and the total business carried on by the corporation in Canada or in Québec and elsewhere in the year, as determined by regulation.

1995, c. 49, s. 235; 1997, c. 3, s. 71.

1129.49. Every corporation shall pay to the Minister, on or before the later of 6 January 1996 and the last day of the second month after the end of its taxation year, its tax payable under this Part for the year.

1995, c. 49, s. 235; 1997, c. 3, s. 71.

1129.50. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

1995, c. 49, s. 235.

PART III.12 TAX ON ENVIRONMENTAL TRUSTS

1996, c. 39, s. 270; 2000, c. 5, s. 285.

1129.51. In this Part,

“balance-due day” has the meaning assigned by section 1;

“environmental trust” has the meaning assigned by section 21.40.

1996, c. 39, s. 270; 2000, c. 5, s. 286; 2007, c. 12, s. 304.

1129.52. Every trust that, at the end of a taxation year, is an environmental trust resident in Québec shall pay a tax for the year equal to the amount obtained by applying the basic rate that would be determined in its respect for the year under section 771.0.2.3.1 if the trust were a corporation other than a financial institution or an oil refining corporation, within the meaning assigned to those expressions by section 771.1, to its income determined under Part I for the year.

For the purposes of the first paragraph, the income under Part I of an environmental trust shall be computed as if this Act were read without reference to sections 652, 653 to 657.4, 659 to 668.3, 668.5 to 671.4, 680 to 682, 684 to 688.2, 690.0.1 and 691 to 692 and without reference to the portion of the income that may reasonably be considered to be the share of a person exempt from tax under Part I.

1996, c. 39, s. 270; 2000, c. 5, s. 287; 2003, c. 9, s. 414; 2009, c. 5, s. 530.

1129.53. Every trust that, at the end of a taxation year, is an environmental trust resident in Québec shall

(a)  file with the Minister, on or before its filing-due date for the year, a return under this Part for the year in prescribed form, without notice or demand therefor;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year on or before its balance-due day for the year.

1996, c. 39, s. 270; 2000, c. 5, s. 288.

1129.54. Except where inconsistent with this Part, sections 11.4, 1000 to 1024 and 1031 to 1079.16 apply, with the necessary modifications, to this Part.

1996, c. 39, s. 270.

PART III.12.1 SPECIAL TAX RELATING TO THE CREDIT FOR RACEHORSE MAINTENANCE

2002, c. 40, s. 311.

1129.54.1. In this Part,

“eligible horse” has the meaning assigned by section 1029.8.36.53.1;

“qualified expenditure” has the meaning assigned by section 1029.8.36.53.1.

2002, c. 40, s. 311; 2007, c. 12, s. 304.

1129.54.2. Every taxpayer who is deemed to have paid an amount to the Minister, under section 1029.8.36.53.2, on account of the taxpayer’s tax payable under Part I for a particular taxation year, in relation to the aggregate of the qualified expenditures made by the taxpayer in the particular year in respect of an eligible horse, shall pay the tax referred to in the second paragraph for a subsequent taxation year, in this section referred to as the “repayment year”, in which an amount relating to any of the qualified expenditures is, directly or indirectly, refunded or otherwise paid to the taxpayer or allocated to a payment to be made by the taxpayer.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is an amount that the taxpayer is deemed to have paid to the Minister under section 1029.8.36.53.2 or 1029.8.36.53.5, in relation to the aggregate of the qualified expenditures, exceeds the total of

(a)  the aggregate of all amounts each of which is an amount that the taxpayer would be deemed to have paid to the Minister under section 1029.8.36.53.2 or 1029.8.36.53.5, in relation to the aggregate of the qualified expenditures, if every amount that is so refunded, paid or allocated at or before the end of the repayment year, in relation to any of the qualified expenditures, were refunded, paid or allocated in the particular year; and

(b)  the aggregate of all amounts each of which is a tax that the taxpayer is required to pay to the Minister under this section for a taxation year preceding the repayment year, in respect of the aggregate of the qualified expenditures.

2002, c. 40, s. 311.

1129.54.3. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 40, s. 311.

PART III.13 SPECIAL TAX RELATING TO THE FINANCING OF A UNIVERSITY RESEARCH CONTRACT

1997, c. 14, s. 268.

1129.55. In this Part,

“eligible university entity” has the meaning assigned by paragraph f of section 1029.8.1;

“qualified expenditure” has the meaning assigned by paragraph d.1 of section 1029.8.1;

“scientific research and experimental development” has the meaning assigned by subsections 2 to 4 of section 222;

“university foundation” has the meaning assigned by paragraph f.1 of section 1029.8.1;

“university research contract” has the meaning assigned by paragraph b of section 1029.8.1.

1997, c. 14, s. 268; 2000, c. 5, s. 289; 2007, c. 12, s. 304.

1129.56. A university foundation that has become surety for a corporation in respect of the payment of amounts used for the financing of scientific research and experimental development provided for in a university research contract entered into between the corporation and an eligible university entity and that pays, for the first time, an amount under the suretyship shall pay, for its taxation year that includes the day that is two years following the day of that payment, tax equal to the amount determined by the formula

50% (A − B).

For the purposes of the formula in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount the corporation is deemed to have paid to the Minister, under section 1029.8.6, as partial payment of its tax payable pursuant to Part I for a taxation year in respect of the amount of a qualified expenditure paid by the corporation to an eligible university entity as part of the university research contract;

(b)  B is the aggregate of all amounts each of which is an amount the corporation would be deemed to have paid to the Minister, under the said section 1029.8.6, as partial payment of its tax payable pursuant to Part I for a taxation year if the aggregate of all amounts each of which is the amount of a qualified expenditure paid as part of the contract were reduced by the amount furnished under the suretyship.

However, the amount of tax determined under the first paragraph shall be reduced by the proportion of that amount that the portion of the amount that the university foundation was required to pay under the suretyship and that was repaid to it by the corporation is of the amount that the university foundation was required to pay under the suretyship.

1997, c. 14, s. 268.

1129.57. Where a university foundation is required to pay tax under this Part for a taxation year, it shall, within 60 days after the end of the year,

(a)  send to the Minister, without notice or demand therefor, a return under this Part for the year in prescribed form;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

1997, c. 14, s. 268.

1129.58. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply, with the necessary modifications, to this Part.

1997, c. 14, s. 268; 1997, c. 85, s. 309.

PART III.14 SPECIAL TAX RELATING TO FLOW-THROUGH SHARES

1998, c. 16, s. 246.

1129.59. In this Part, “flow-through share” has the meaning assigned by section 359.1.

1998, c. 16, s. 246; 2007, c. 12, s. 276.

1129.60. Every corporation that purported to renounce an amount in a calendar year under section 359.2 or 359.2.1, because of the application of section 359.8, shall pay a tax, for each month of the year, except the month of January, unless section 1129.60.1 is applicable to the corporation in respect of the amount so renounced, equal to the amount determined in its respect by the formula

[(A - B)/2] × (C/12 + D/10).

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that the corporation purported to renounce in the calendar year under section 359.2 or 359.2.1 because of the application of section 359.8 in respect of expenses incurred or to be incurred in connection with production or potential production in Québec;

(b)  B is the aggregate of all expenses described in paragraph a of section 359.8 that are incurred by the end of the month by the corporation and in respect of the renunciation in respect of which an amount is included in the aggregate referred to in subparagraph a;

(c)  C is the rate of interest prescribed for the purposes of subsection 3 of section 164 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the month; and

(d)  D is one where the month is December, and zero in any other case.

1998, c. 16, s. 246; 2009, c. 5, s. 531.

1129.60.1. If a corporation purported to renounce an amount in a particular calendar year under section 359.2 or 359.2.1, because of the application of section 359.8, in respect of expenses it has incurred in the subsequent calendar year, and if those expenses are deemed under section 359.8.1 to have been incurred on the last day of the calendar year preceding the particular calendar year, the following rules apply:

(a)  the corporation shall pay a tax, for each month of the particular calendar year, except the month of January, equal to the amount determined by the formula

[(A - B)/2] × (C/12); and

(b)  the corporation shall pay a tax, for each month of the subsequent calendar year, equal to the amount determined by the formula

[(A - B)/2] × (C/12 + D/10).

In the formulas in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an amount that the corporation purported to renounce in the particular calendar year under section 359.2 or 359.2.1, because of the application of section 359.8, in respect of expenses incurred or to be incurred in connection with production or potential production in Québec;

(b)  B is the aggregate of all the expenses that are incurred by the corporation at or before the end of the month in the particular calendar year or in the subsequent calendar year and that relate to a renunciation in respect of which an amount is included in the aggregate referred to in subparagraph a;

(c)  C is the rate of interest prescribed for the purposes of subsection 3 of section 164 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the month; and

(d)  D is 1 if the month for which a tax is determined under this Part for the subsequent taxation year is the month of December of that year, and zero in any other case.

2009, c. 5, s. 532.

1129.61. Where a corporation is required to pay tax under this Part in respect of one month in a calendar year, it shall, before 1 March of the following calendar year,

(a)  file with the Minister, without notice or demand therefor, a return for the year under this Part in prescribed form;

(b)  estimate, in the return, the amount of tax payable under this Part by it in respect of each month in the year; and

(c)  pay to the Minister the amount of tax payable under this Part by it in respect of each month in the year.

1998, c. 16, s. 246.

1129.62. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply to this Part, with the necessary modifications.

1998, c. 16, s. 246.

PART III.15 SPECIAL TAX IN RESPECT OF REGISTERED EDUCATION SAVINGS PLANS

2000, c. 5, s. 290.

1129.63. In this Part,

“accumulated income payment” has the meaning assigned by section 890.15;

“registered education savings plan” means a plan that is a registered education savings plan for the purposes of Part I;

“subscriber” has the meaning that would be assigned by sections 890.15 and 890.17, if the definition of that expression in section 890.15 were read without reference to subparagraph iii of paragraph b thereof.

2000, c. 5, s. 290; 2007, c. 12, s. 304; 2010, c. 25, s. 217.

1129.64. Every person shall pay a tax under this Part, for a taxation year, equal to the amount determined by the formula

0.08 (A + B − C).

In the formula provided for in the first paragraph,

(a)  A is the aggregate of all amounts each of which is an accumulated income payment made at any time that is required to be included in computing the person’s income under Part I for the year and that is

i.  under a registered education savings plan under which the person is a subscriber at that time, or

ii.  under a registered education savings plan under which there is no subscriber at that time, where the person has been a spouse of an individual who was a subscriber under the plan;

(b)  B is the aggregate of all amounts each of which is an accumulated income payment that is required to be included in computing the person’s income under Part I for the year but is not included in the value of A in respect of the person for the year; and

(c)  C is the lesser of

i.  the lesser of the value determined under subparagraph a in respect of the person for the year and the aggregate of all amounts each of which is an amount deducted by the person under paragraph b of section 339, where that paragraph refers to sections 922 and 923, in computing the person’s income under Part I for the year, and

ii.  the amount by which $50,000 exceeds the aggregate of all amounts each of which is an amount determined under subparagraph i in respect of the person for a preceding taxation year.

2000, c. 5, s. 290; 2001, c. 53, s. 255.

1129.65. Every person who is liable to pay tax under this Part for a taxation year shall, on or before the person’s filing-due date for the year,

(a)  file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand therefor;

(b)  estimate in the return the amount of tax payable under this Part by the person for the year; and

(c)  pay to the Minister the amount of tax payable under this Part by the person for the year.

2000, c. 5, s. 290.

1129.66. Except where inconsistent with this Part, sections 1001 to 1014, 1025 to 1026.2 and 1031 to 1079.16 apply to this Part, with the necessary modifications.

2000, c. 5, s. 290.

PART III.15.1 SPECIAL TAXES RELATING TO THE CREDIT TO PROMOTE EDUCATION SAVINGS

2009, c. 5, s. 533.

1129.66.1. In this Part,

“balance-due day” has the meaning assigned by section 1;

“beneficiary” has the meaning assigned by section 890.15;

“brother” has the meaning assigned by the first paragraph of section 1029.8.126;

“CLB account” has the meaning assigned by the first paragraph of section 1029.8.126;

“education savings incentive” has the meaning assigned by the first paragraph of section 1029.8.128;

“education savings incentive account” has the meaning assigned by the first paragraph of section 1029.8.126;

“educational assistance payment” has the meaning assigned by section 890.15;

“grant account” has the meaning assigned by the first paragraph of section 1029.8.126;

“increase amount” has the meaning assigned by the first paragraph of section 1029.8.126;

“registered education savings plan” has the meaning assigned by section 1;

“sister” has the meaning assigned by the first paragraph of section 1029.8.126;

“trust” has the meaning assigned by section 890.15.

2009, c. 5, s. 533.

1129.66.2. If a contribution in respect of which an amount on account of an education savings incentive was received under section 1029.8.128 by a particular trust governed by a registered education savings plan, is withdrawn from the plan, otherwise than in connection with an eligible withdrawal or a transfer to another trust governed by another registered education savings plan, and no beneficiary under the plan is eligible to receive an educational assistance payment, the particular trust shall pay, for the taxation year in which the contribution is withdrawn, tax equal to the lesser of

(a)  the balance of the plan’s education savings incentive account immediately before the end of the year; and

(b)  the amount determined by the formula

A/B × C.

In the formula in subparagraph b of the first paragraph,

(a)  A is the balance of the plan’s education savings incentive account immediately before the end of the year;

(b)  B is the aggregate of the contributions made to the plan immediately before the end of the year in respect of which an education savings incentive was received by the particular trust, except such a contribution that was withdrawn from the plan in a preceding taxation year; and

(c)  C is the amount of the contribution withdrawn from the plan.

For the purposes of the first paragraph, “eligible withdrawal” means a withdrawal that is all or part of an excess amount of contributions to the registered education savings plan if the withdrawal is intended to reduce the amount of tax payable under Part X.4 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

2009, c. 5, s. 533.

1129.66.3. If, in a taxation year, the aggregate of all amounts each of which is the portion, determined in accordance with section 1029.8.142, of an educational assistance payment received by a beneficiary that is attributable to the education savings incentive, exceeds $3,600, the beneficiary shall pay for the year tax equal to the excess amount.

2009, c. 5, s. 533.

1129.66.4. If any of the events mentioned in the second paragraph occurs in a taxation year, a trust governed by a registered education savings plan shall pay, for that year, tax equal to the lesser of

(a)  the balance of the plan’s education savings incentive account immediately before the event occurs; and

(b)  the amount by which the fair market value of the properties held by the trust, immediately before the event occurs, exceeds the aggregate of the balances of the plan’s grant account and CLB accounts immediately before the event occurs.

The events to which the first paragraph refers are the following:

(a)  the cessation of the plan’s existence;

(b)  the revocation of the plan’s registration;

(c)  the payment of an amount referred to in paragraph b or d of the definition of “trust” in section 890.15;

(d)  the making of an educational assistance payment to an individual who is not a beneficiary under the plan;

(e)  the replacement of a beneficiary under the plan by another beneficiary, except for a recognized replacement described in the second paragraph of section 1029.8.135; and

(f)  the transfer of properties held by the trust governed by the plan to another trust governed by another registered education savings plan, except for an authorized transfer described in the second paragraph of section 1029.8.136.

2009, c. 5, s. 533.

1129.66.5. If a trust governed by a registered education savings plan received an amount deemed under section 1029.8.128 to be an overpayment of its tax payable on account of an increase amount and if, in a calendar year, an individual who is neither the brother nor the sister of the other beneficiaries under the plan becomes a beneficiary under the plan, the trust shall pay, for that year, tax equal to the lesser of

(a)  the balance of the plan’s education savings incentive account immediately before the time the individual becomes a beneficiary; and

(b)  the amount by which the fair market value of the properties held by the trust, immediately before the time the individual becomes a beneficiary, exceeds the aggregate of the balances of the plan’s grant account and CLB accounts immediately before that time.

2009, c. 5, s. 533.

1129.66.6. A trust that is required to pay tax under this Part for a taxation year shall, on or before the trust’s filing-due date for the year,

(a)  file with the Minister, without notice or demand, a return under this Part in the prescribed form containing prescribed information;

(b)  estimate, in the return, the amount of its tax payable under this Part for the year; and

(c)  pay to the Minister the amount of its tax payable under this Part for the year.

2009, c. 5, s. 533.

1129.66.7. A beneficiary shall pay to the Minister for a taxation year, on or before the beneficiary’s balance-due day for the year, the beneficiary’s tax payable under this Part for the year.

2009, c. 5, s. 533.

1129.66.8. Unless otherwise provided in this Part, sections 1000 to 1014 and 1037 to 1079.16 apply to this Part, with the necessary modifications.

2009, c. 5, s. 533.

PART III.16 SPECIAL TAX RELATING TO AN INCOME-AVERAGING ANNUITY PAYMENT RESPECTING INCOME FROM ARTISTIC ACTIVITIES

2005, c. 23, s. 254.

1129.67. In this Part,

“income-averaging annuity payment respecting income from artistic activities” means an amount paid as an annuity payment under an income-averaging annuity contract respecting income from artistic activities, or an amount referred to in paragraph d.1 of section 312;

“income-averaging annuity respecting income from artistic activities” has the meaning assigned by section 1.

2005, c. 23, s. 254; 2007, c. 12, s. 304; 2009, c. 15, s. 423; 2010, c. 25, s. 218.

1129.68. An individual who receives, in a taxation year, an income-averaging annuity payment respecting income from artistic activities is required to pay a tax under this Part for the year equal to 24% of the income-averaging annuity payment respecting income from artistic activities.

Every person who makes, in a taxation year, an income-averaging annuity payment respecting income from artistic activities to an individual must deduct or withhold, from the income-averaging annuity payment respecting income from artistic activities, the amount of tax referred to in the first paragraph that the individual is liable to pay for the year in respect of that payment, and pay to the Minister the amount so deducted or withheld, as tax on behalf of the individual, within 30 days after the date of payment of the income-averaging annuity payment respecting income from artistic activities.

Every person who makes an income-averaging annuity payment respecting income from artistic activities to an individual must pay, as tax on behalf of the individual, any amount the person did not deduct or withhold under the second paragraph and is authorized to recover from that individual the amount so paid.

2005, c. 23, s. 254.

1129.69. Except where inconsistent with this Part, sections 1001, 1002 and 1037 and Titles II, V and VI of Book IX of Part I apply, with the necessary modifications, to this Part.

2005, c. 23, s. 254.

PART III.17 TAX RELATING TO SIFT ENTITIES

2009, c. 5, s. 534.

1129.70. In this Part, unless the context indicates otherwise,

“Canadian real, immovable or resource property” means

(a)  a property that would, but for the definition of “real or immovable property”, be a real or immovable property situated in Canada;

(b)  a Canadian resource property;

(c)  a timber resource property;

(d)  a share of the capital stock of a corporation, an income or capital interest in a trust or an interest in a partnership (other than a taxable Canadian corporation, a SIFT trust or a SIFT partnership, as the case may be), if more than 50% of the fair market value of the share or interest is derived directly or indirectly from one or any combination of properties described in paragraphs a to c; or

(e)  any right to or interest in a property described in any of paragraphs a to d;

“Canadian resident partnership” at any time means a partnership that, at that time,

(a)  is a Canadian partnership, within the meaning of section 1;

(b)  would, if it were a corporation, be resident in Canada, being thus considered a partnership that has its central management and control in Canada; or

(c)  was formed under the laws of a province;

“entity” means a corporation, trust or partnership;

“equity”, of an entity, means

(a)  if the entity is a corporation, a share of its capital stock;

(b)  if the entity is a trust, an income or capital interest in the entity;

(c)  if the entity is a partnership, an interest as a member of the entity;

(d)  a liability of the entity (and, for purposes of the definition of “publicly-traded liability”, a security of the entity that is a liability of another entity) if

i.  the liability is convertible into, or exchangeable for, equity of the entity or of another entity, or

ii.  any amount paid or payable in respect of the liability is contingent on the use of or production from property, is determined on the basis of such use or production, or is computed by reference to revenue, profit, cash flow, commodity price or any other similar criterion or by reference to dividends paid or payable to shareholders of any class of shares of the capital stock of a corporation, or to income or capital paid or payable to any member of a partnership or beneficiary under a trust; and

(e)  a right to, or to acquire, anything described in this paragraph and any of paragraphs a to d;

“equity value” of an entity at any time means the fair market value at that time of the aggregate of

(a)  if the entity is a corporation, all of the issued and outstanding shares of the capital stock of the corporation;

(b)  if the entity is a trust, all of the income or capital interests in the trust; and

(c)  if the entity is a partnership, all of the interests in the partnership;

“establishment” has the meaning assigned by sections 12 to 16.2;

“excluded subsidiary entity”, for a taxation year, means an entity none of the equity of which is at any time in the year

(a)  listed on a stock exchange or other public market or traded on such an exchange or other market; nor

(b)  held by any person or partnership other than

i.  a real estate investment trust,

ii.  a taxable Canadian corporation,

iii.  a SIFT trust or a trust that would be a SIFT trust but for subsection 3 of section 534 of the Act giving effect to the Budget Speech delivered on 24 May 2007, to the 1 June 2007 Ministerial Statement Concerning the Government’s 2007-2008 Budgetary Policy and to certain other budget statements (2009, chapter 5),

iv.  a SIFT partnership or a partnership that would be a SIFT partnership but for subsection 3 of section 534 of the Act giving effect to the Budget Speech delivered on 24 May 2007, to the 1 June 2007 Ministerial Statement Concerning the Government’s 2007-2008 Budgetary Policy and to certain other budget statements, or

v.  an excluded subsidiary entity for the year;

“investment”, in a trust or partnership, means the following property, but does not include an unaffiliated publicly-traded liability of the trust or partnership, nor regulated innovative capital:

(a)  a property that is a security of the trust or partnership, or

(b)  a right which may reasonably be considered to replicate a return on, or the value of, a security of the trust or partnership;

“non-portfolio earnings” of a SIFT entity for a taxation year means the aggregate of

(a)  the amount by which the aggregate of all amounts each of which is the entity’s income for the year determined under Part I and derived from a business carried on by it in Canada or from a non-portfolio property (other than income that is a taxable dividend received by the entity), exceeds the aggregate of all amounts each of which is the entity’s loss for the year determined under Part I and derived from a business carried on by it in Canada or from a non-portfolio property; and

(b)  the amount by which the aggregate of the allowable capital losses of the entity determined under Part I and derived from dispositions of non-portfolio properties during the year is exceeded by the aggregate of

i.  the taxable capital gains of the entity determined under Part I and derived from dispositions of non-portfolio properties during the year, and

ii.  if the entity is a SIFT trust, one half of the aggregate of all amounts each of which is deemed under section 1106 to be a capital gain of the trust for the year in respect of its non-portfolio properties for the year;

“non-portfolio property” of a trust or partnership for a taxation year means a property, held by the trust or partnership at any time in the year, that is

(a)  a security of a subject entity (other than a portfolio investment entity), if at that time the trust or partnership holds

i.  securities of the subject entity that have a total fair market value that is greater than the amount that is 10% of the equity value of the subject entity, or

ii.  securities of the subject entity and securities of entities affiliated with the subject entity that together have a total fair market value that is greater than the amount that is 50% of the equity value of the trust or partnership;

(b)  a Canadian real, immovable or resource property, if at any time in the year the total fair market value of all properties held by the trust or partnership that are Canadian real, immovable or resource properties is greater than the amount that is 50% of the equity value of the trust or partnership; or

(c)  a property that the trust or partnership, or a person or partnership with whom the trust or partnership does not deal at arm’s length, uses at that time in the course of carrying on a business in Canada;

“portfolio investment entity” at any time means an entity that does not at that time hold any non-portfolio property;

“public market” includes any trading system or other organized facility on which securities that are qualified for public distribution are listed or traded, but does not include a facility that is operated solely to carry out the issuance of a security or its redemption, acquisition or cancellation by its issuer;

“publicly-traded liability”, of an entity, means a liability that is a security of the entity, that is not equity of the entity and that is listed on a stock exchange or other public market or traded on such an exchange or other market;

“qualified property” of a trust means a property, held by the trust, that is

(a)  a real or immovable property;

(b)  a security of a subject entity, if the entity derives all or substantially all of its revenues from maintaining, improving, leasing or managing real or immovable properties that are capital properties of the trust or of another entity of which the trust holds a share or an interest, including real or immovable properties that the trust, or the other entity, holds together with one or more other persons or partnerships;

(c)  a security of a subject entity, if the entity holds no property other than

i.  titles of ownership in real or immovable properties of the trust or of another subject entity all of the securities of which are held by the trust, including real or immovable properties that the trust or the other subject entity holds together with one or more other persons or partnerships, or

ii.  property described in paragraph d; or

(d)  ancillary to the earning by the trust of the amounts described in subparagraph i or iii of paragraph b of the definition of “real estate investment trust”;

“real estate investment trust” for a taxation year means a trust that is resident in Canada throughout the year, if

(a)  the trust at no time in the year holds any non-portfolio property other than qualified properties;

(b)  not less than 95% of the trust’s revenues for the year are derived from one or any combination of the following sources:

i.  rent from real or immovable properties,

ii.  interest,

iii.  capital gains from dispositions of real or immovable properties,

iv.  dividends, and

v.  royalties;

(c)  not less than 75% of the trust’s revenues for the year are derived from one or any combination of the following sources:

i.  rent from real or immovable properties,

ii.  interest payable on debts secured by hypothecs on real or immovable properties, and

iii.  capital gains from dispositions of real or immovable properties; and

(d)  at each time in the year an amount, that is equal to 75% or more of the equity value of the trust at that time, is the amount that is the total fair market value of all properties held by the trust each of which is real or immovable property, indebtedness of a Canadian corporation represented by a bankers’ acceptance, property described in paragraph a or b of the definition of “qualified investment” in section 204 of the Income Tax Act, or a deposit with a credit union;

“real or immovable property” of a taxpayer includes a security held by the taxpayer that is a security of a trust that satisfies the conditions set out in paragraphs a to d of the definition of “real estate investment trust” or a security of another entity that would, if it were a trust, satisfy those conditions, or an interest in real property or a real right in an immovable, other than a right to a rental or royalty described in paragraph d or d.1 of section 370, but does not include a depreciable property, other than

(a)  a property included, for the purposes of Part I, in Class 1, 3 or 31 of Schedule B to the Regulation respecting the Taxation Act (chapter I-3, r. 1), otherwise than by an election permitted by regulation;

(b)  a property ancillary to the ownership or utilization of a property described in paragraph a; or

(c)  a lease in, or a leasehold interest in respect of, land or property described in paragraph a;

“regulated innovative capital” means equity of a trust, if

(a)  since 1 November 2006, the equity has been authorized, by the Superintendent of Financial Institutions of Canada, by the Autorité des marchés financiers or by a provincial regulatory authority having powers similar to those of the Superintendent of Financial Institutions of Canada, as Tier 1 or Tier 2 capital of a financial institution (within the meaning of subsection 1 of section 181 of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));

(b)  the terms and conditions of the equity have not changed after 1 August 2008;

(c)  the trust has not issued any equity after 31 October 2006; and

(d)  the trust does not hold any non-portfolio property other than

i.  liabilities of the financial institution, and

ii.  shares of the capital stock of the financial institution that were acquired by the trust for the sole purpose of satisfying a right to require the trust to accept, as demanded by a holder of the equity, the surrender of the equity;

“rent from real or immovable properties” includes rent or similar payments for the use of, or right to use, real or immovable properties, the amounts paid for services ancillary to the rental of real or immovable properties and customarily supplied or rendered in connection with the rental of real or immovable properties and a payment that is included under paragraph a of section 663 in computing the recipient’s income and that was derived from the part of a trust’s income (determined without reference to section 657) that may be attributed to rent from real or immovable properties, but does not include

(a)  amounts paid for services supplied or rendered, other than such ancillary services, to the tenants of real or immovable properties;

(b)  fees for managing or operating real or immovable properties;

(c)  amounts paid for the occupation of, use of, or right to use a room in a hotel or other similar lodging facility; or

(d)  rent based on profits;

“security” of a particular entity means any right, whether immediate or future and whether absolute or contingent, conferred by the particular entity or by an entity that is affiliated with the particular entity, to receive an amount that can reasonably be considered to be all or any part of the capital, of the revenue or of the income of the particular entity, or as interest paid or payable by the particular entity, and includes

(a)  a liability of the particular entity;

(b)  if the particular entity is a corporation,

i.  a share of the capital stock of the corporation, and

ii.  a right to control in any manner whatever the voting rights of a share of the capital stock of the corporation;

(c)  if the particular entity is a trust, an income or a capital interest in the particular entity;

(d)  if the particular entity is a partnership, an interest as a member of the particular entity; and

(e)  a right to, or to acquire, anything described in this paragraph and any of paragraphs a to d;

“SIFT entity”, being a specified investment flow-through entity, means a SIFT trust or a SIFT partnership;

“SIFT partnership”, being a specified investment flow-through partnership, for a taxation year, means a partnership other than an excluded subsidiary entity for the year that meets the following conditions at any time during the year:

(a)  the partnership is a Canadian resident partnership;

(b)  investments in the partnership are listed on a stock exchange or other public market or traded on such an exchange or other market; and

(c)  the partnership holds one or more non-portfolio properties;

“SIFT partnership balance-due day” for a taxation year means the day, determined in accordance with section 1086R80 of the Regulation respecting the Taxation Act, on or before which the partnership return provided for in section 1086R78 of that Regulation is required to be filed for the year;

“SIFT trust”, being a specified investment flow-through trust, for a taxation year means a trust (other than a real estate investment trust or an excluded subsidiary entity for the year) that meets the following conditions at any time during the year:

(a)  the trust is resident in Canada;

(b)  investments in the trust are listed on a stock exchange or other public market or traded on such an exchange or other market; and

(c)  the trust holds one or more non-portfolio properties;

“subject entity” means a person or partnership that is

(a)  a corporation resident in Canada;

(b)  a trust resident in Canada;

(c)  a Canadian resident partnership; or

(d)  a person not resident in Canada, or a partnership that is not described in paragraph c, the principal source of income of which is one or any combination of sources in Canada;

“taxable distributions amount”, of a SIFT trust for a taxation year, means the lesser of

(a)  the taxable income for the year of the SIFT trust, determined under Part I, or, if the SIFT trust is not subject to taxation under Part I, the amount that would be its taxable income for the year if it were determined in accordance with Part I, on the assumption that its income is equal to the amount determined in its respect in accordance with paragraph b; and

(b)  the amount determined by the formula

A/(1 - (B + C));

“taxable non-portfolio earnings” of a SIFT partnership, for a taxation year, means the lesser of

(a)  the amount that would, if the SIFT partnership were a taxpayer for the purposes of Part I and if section 600 were read without reference to its paragraph d, be its income for the year as determined under section 28; and

(b)  its non-portfolio earnings for the year;

“taxation year” means

(a)  in the case of a partnership, a fiscal period within the meaning of Part I;

(b)  in the case of a trust, a calendar year; and

(c)  in any other case, a taxation year within the meaning of Part I;

“unaffiliated publicly-traded liability”, of an entity at any time means a publicly-traded liability of the entity if, at that time the fair market value of all publicly-traded liabilities of the entity that are held at that time by persons or partnerships that are not affiliated with the entity is at least 90% of the fair market value of all publicly-traded liabilities of the entity.

In the formula in the definition of “taxable distributions amount” in the first paragraph,

(a)  A is the SIFT trust’s non-deductible distributions amount for the taxation year, within the meaning of section 663.4;

(b)  B is the basic rate, expressed as a decimal fraction, that is determined in respect of the SIFT trust for the taxation year under the third paragraph of section 1129.71 or, if the SIFT trust has an establishment outside Québec in the year, the aggregate of the following rates:

i.  that basic rate represented by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as that proportion would be determined under Chapters I and II of Title XXVII of the Regulation respecting the Taxation Act if the SIFT trust were a corporation, and

ii.  the provincial SIFT tax rate, within the meaning assigned by subsection 1 of section 248 of the Income Tax Act and expressed as a percentage, that would be applicable to the SIFT trust for the year if that definition applied in respect of the SIFT trust for that year and if section 414 of the Income Tax Regulations (C.R.C., c. 945) made under that Act were read without reference to its subsection 4; and

(c)  C is the net corporate income tax rate, within the meaning assigned by subsection 1 of section 248 of the Income Tax Act for the taxation year.

Any amount deducted by a SIFT trust, in accordance with paragraph a of the definition of “taxable distributions amount” in the first paragraph, in computing the amount that would have been its taxable income for a taxation year in which it is not subject to tax under Part I, is deemed to have been deducted in computing its taxable income for the year for the purposes of Part I.

2009, c. 5, s. 534; 2009, c. 15, s. 424; 2010, c. 25, s. 219.

1129.71. A SIFT entity for a taxation year that has an establishment in Québec at any time in the year shall pay tax under this Part that is equal to the amount determined by the formula

A × B.

In the formula in the first paragraph,

(a)  A is

i.  if the SIFT entity is a SIFT trust for the year, its taxable distributions amount for the year, or

ii.  if the SIFT entity is a SIFT partnership for the year, the taxable non-portfolio earnings of the partnership for the year; and

(b)  B is the basic rate determined in respect of the entity for the year under the third paragraph.

For the purposes of subparagraph b of the second paragraph, the basic rate that must be determined in respect of a SIFT entity for a taxation year is equal to

(a)  if the taxation year begins before 1 January 2009, the total of

i.  the proportion of 9.9% that the number of days in the taxation year that follow 31 December 2006 but precede 1 June 2007 is of the number of days in the taxation year,

ii.  the proportion of 11.9% if the SIFT entity would be a financial institution or an oil refining corporation, within the meaning of section 771.1, if it were a corporation, or of 9.9% in any other case, that the number of days in the taxation year that follow 31 May 2007 but precede 1 January 2008 is of the number of days in the taxation year,

iii.  the proportion of 11.9% if the SIFT entity would be a financial institution or an oil refining corporation, within the meaning of section 771.1, if it were a corporation, or of 11.4% in any other case, that the number of days in the taxation year that follow 31 December 2007 but precede 1 January 2009 is of the number of days in the taxation year, and

iv.  the proportion of 11.9% that the number of days in the taxation year that follow 31 December 2008 is of the number of days in the taxation year; and

(b)  if the taxation year begins after 31 December 2008, 11.9%.

If a SIFT entity referred to in the first paragraph has an establishment outside Québec in the year, its tax payable under this Part for the year is equal to the portion of that tax otherwise determined that is the proportion that the business it carries on in Québec is of the entire business it carries on in Canada or in Québec and elsewhere, as it would be determined under Chapters I and II of Title XXVII of the Regulation respecting the Taxation Act (chapter I-3, r. 1), if the SIFT entity were a corporation.

For the purposes of this Part, a SIFT entity for a taxation year that has non-portfolio properties for the year is deemed to carry on a business in respect of those non-portfolio properties.

2009, c. 5, s. 534; 2009, c. 15, s. 425.

1129.72. This Part applies without reference to section 603.1.

2009, c. 5, s. 534.

1129.73. Every member of a SIFT partnership that is liable to pay tax under this Part for a taxation year shall—on or before the day, determined in accordance with section 1086R80 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), on which the partnership return provided for in section 1086R78 of that Regulation is required to be filed for the year—file with the Minister a return for the year in the prescribed form containing an estimate of the amount of tax payable by the partnership under this Part for the year.

2009, c. 5, s. 534; 2009, c. 15, s. 426.

1129.74. For the purposes of section 1129.73, an information return filed with the Minister by a particular member of a partnership who has the authority to act on its behalf, in relation to a taxation year of the partnership, is deemed to have been filed with the Minister by each member of the partnership for the year if the particular member has filed the return for the year in accordance with this Part.

In those circumstances, a return filed with the Minister by another member of the partnership for the year is deemed not to be valid and not to have been filed by a member of the partnership.

2009, c. 5, s. 534.

1129.75. Unless otherwise provided in this Part, Book I of Part I and sections 647, 1000 to 1024, 1026, 1026.0.1 and 1037 to 1079.16 apply, with the necessary modifications, to this Part and, for the purpose of applying this Part to a SIFT entity that is a SIFT partnership,

(a)  the notice of assessment referred to in section 1008 in respect of tax payable under this Part is valid despite the fact that a partnership is not a person; and

(b)  despite section 1010, the Minister may at any time make an assessment or reassessment of tax payable under this Part or Part I to give effect to a determination made by the Minister under section 1007.1, including an assessment or reassessment of tax payable under Part I in respect of the disposition of an interest in a SIFT partnership by a member of the partnership.

2009, c. 5, s. 534; 2010, c. 25, s. 220.

1129.76. A SIFT partnership shall pay to the Minister its tax payable under this Part for a taxation year on or before its SIFT partnership balance-due day for the year.

2009, c. 5, s. 534.

PART IV TAX ON CAPITAL

1972, c. 23; 1979, c. 38, s. 27.

BOOK I INTERPRETATION

1972, c. 23; 1979, c. 38, s. 27; 2003, c. 9, s. 415.

1130. In this Part and in the regulations, unless the context indicates otherwise,

“annual qualification certificate” means an annual qualification certificate within the meaning assigned by the first paragraph of section 737.18.14;

“authorized foreign bank” has the meaning assigned by section 1;

“bank” means a bank within the meaning assigned by section 1;

“base period” means a base period within the meaning assigned by section 737.18.6;

“bond” means a negotiable debt security issued to several lenders of funds to meet a need for long-term financing;

“business” means a business within the meaning assigned to it by section 1;

“Canadian banking business” has the meaning assigned by section 1;

“corporation trading in securities” means a corporation that is a registered securities dealer within the meaning assigned by section 1;

“deduction period” of a corporation in respect of an eligible vessel means

(a)  where the corporation constructs or converts the eligible vessel for the corporation, the period that begins at the beginning of the taxation year of the corporation during which it undertakes the construction work or conversion work in respect of the eligible vessel and that ends at the end of the fourth taxation year following the taxation year during which it completes the construction or conversion, as the case may be, of the eligible vessel; and

(b)  where the eligible vessel is constructed or converted on behalf of the corporation, the period that begins at the beginning of the taxation year of the corporation during which the construction work or conversion work provided for in the contract for the construction or conversion, as the case may be, of the eligible vessel is undertaken in respect of the eligible vessel and that ends at the end of the fourth taxation year following the taxation year during which the corporation takes delivery, under the terms of the contract, of the eligible vessel;

“eligibility period” means an eligibility period within the meaning assigned by section 737.18.14;

“eligible acquisition costs” incurred by a corporation, for a taxation year, in respect of an eligible vessel of the corporation means an amount that is related to a business operated in the year in Québec by the corporation and that is,

(a)  where the eligible vessel is constructed on behalf of the corporation pursuant to a written contract, the taxation year is a year, other than a year referred to in paragraph b, during which construction work provided for in the contract was carried out in respect of the eligible vessel, and the construction work may reasonably be considered to have been carried out without undue delay since it was undertaken, the portion of the consideration provided for in the written contract for the construction of the eligible vessel that was paid by the corporation to its contracting partner in the year or a preceding taxation year and that may reasonably be attributed to the construction work carried out in respect of the vessel before the end of that year;

(a.1)  where the corporation constructs the eligible vessel for the corporation, the taxation year is a year, other than a year referred to in paragraph b, during which construction work was carried out by the corporation in respect of the eligible vessel, and the construction work may reasonably be considered to have been carried out without undue delay since it was undertaken, the aggregate of the costs incurred by the corporation at or before the end of the year for the construction of the vessel, to the extent that they are reasonable in the circumstances and included, at the end of that year, in the capital cost of the vessel, that may reasonably be attributed to the construction work carried out in respect of the vessel before the end of that year; or

(b)  where the taxation year is the year during which the corporation completes the construction of the vessel or, where the eligible vessel is constructed on behalf of the corporation, the year during which the corporation takes delivery, under the terms of the contract, of the eligible vessel, or is any of the four taxation years subsequent to that year, the cost of the vessel to the corporation as shown in its financial statements;

“eligible activities” means eligible activities within the meaning assigned by the first paragraph of any of sections 737.18.6, 737.18.14 and 737.18.29, as the case may be;

“eligible contract” means a written contract in respect of which a qualification certificate has been issued by the Minister of Economic Development, Innovation and Export Trade, entered into by a corporation with a person or partnership and under which the corporation entrusts the person or partnership with the carrying out of work in Québec which is related to the conversion of an eligible vessel;

“eligible conversion costs” incurred by a corporation, for a taxation year, in respect of an eligible vessel of the corporation means an amount that is related to a business operated in the year in Québec by the corporation and that is,

(a)  where the eligible vessel is converted on behalf of the corporation pursuant to an eligible contract, the taxation year is a year, other than a year referred to in paragraph c, during which conversion work provided for in the contract was carried out in respect of the eligible vessel, and the conversion work may reasonably be considered to have been carried out without undue delay since it was undertaken, the portion of the consideration provided for in the eligible contract that was paid by the corporation to its contracting partner in the year or a preceding taxation year and that may reasonably be attributed to the conversion work carried out in respect of the vessel before the end of that year;

(b)  where the corporation converts the eligible vessel for the corporation, the taxation year is a year, other than a year referred to in paragraph c, during which conversion work was carried out by the corporation in respect of the eligible vessel, and the conversion work may reasonably be considered to have been carried out without undue delay since it was undertaken, the aggregate of the costs incurred by the corporation at or before the end of the year for the conversion of the vessel, to the extent that they are reasonable in the circumstances and included, at the end of that year, in the capital cost of the vessel, that may reasonably be attributed to the conversion work carried out in respect of the vessel before the end of that year; or

(c)  where the taxation year is the year during which the corporation completes the conversion of the vessel or, where the eligible vessel is converted on behalf of the corporation, the year during which the corporation takes delivery, under the terms of the contract, of the eligible vessel, or is any of the four taxation years subsequent to that year,

i.  where the corporation converted the eligible vessel for the corporation, the aggregate of the costs incurred by the corporation for the conversion of the vessel, to the extent that they are reasonable in the circumstances, that are included in the capital cost of the vessel, or

ii.  where the corporation caused the eligible vessel to be converted on behalf of the corporation under the terms of an eligible contract, the portion of the total consideration paid by the corporation to its contracting partner pursuant to the contract that may reasonably be attributed to the conversion work carried out in respect of the eligible vessel;

“eligible vessel” of a corporation means a vessel that is constructed or converted by the corporation for the corporation or that the corporation causes to be constructed or converted on behalf of the corporation, and in respect of which a qualification certificate is issued by the Minister of Economic Development, Innovation and Export Trade for the purposes of this Part;

“establishment” means an establishment within the meaning assigned to it by section 1;

“exemption period” means an exemption period within the meaning assigned by the first paragraph of section 737.18.29;

“farming” means farming within the meaning assigned by section 1;

“farming corporation” means a corporation whose activities consist mainly in carrying on the business of farming;

“filing-due date” means a filing-due date within the meaning assigned by section 1;

“financial statements” means either the financial statements submitted to the shareholders of a corporation or to the members of a partnership or joint venture, as the case may be, and prepared in accordance with generally accepted accounting principles or, if the financial statements are consolidated financial statements, the non-consolidated financial statements prepared in accordance with the same generally accepted accounting principles as those that apply in preparing the consolidated financial statements or,

(a)  if such financial statements have not been prepared, such financial statements had they been prepared in accordance with generally accepted accounting principles or, in the case where the financial statements that should have been prepared are consolidated financial statements, such non-consolidated financial statements had they been prepared in accordance with the same generally accepted accounting principles as those that would have applied in preparing consolidated financial statements; or

(b)  if such financial statements have not been prepared in accordance with generally accepted accounting principles, such financial statements had they been prepared in accordance with generally accepted accounting principles or, in the case where the financial statements that were not prepared in accordance with generally accepted accounting principles are consolidated financial statements, such non-consolidated financial statements prepared in accordance with the same generally accepted accounting principles as those that should have applied in preparing the consolidated financial statements;

“fiscal period” means a fiscal period within the meaning assigned by Part I;

“fishing” means fishing within the meaning assigned by section 1;

“government assistance” means assistance from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan, deduction from tax, investment allowance or as any other form of assistance;

“gross revenue” means the gross revenue within the meaning assigned to it by section 1;

“international financial centre” means an international financial centre within the meaning assigned by section 1;

“loan corporation” means

(a)  a corporation, other than a trust corporation, authorized by the legislation of Canada or of a province to accept deposits from the public;

(b)  a corporation all or substantially all of the assets of which are shares or debts of corporations referred to in Title II of Book III to which it is related; or

(c)  a corporation recognized by the Minister under section 1143.1 and whose recognition is in effect;

“long-term debt” means

(a)  in the case of a bank, its subordinated indebtedness, within the meaning assigned by section 2 of the Bank Act (S.C. 1991, c. 46), evidenced by obligations issued for a term of not less than five years;

(b)  in the case of a trust corporation, a loan corporation or a corporation trading in securities, its subordinated indebtedness, within the meaning that would be assigned by section 2 of the Bank Act if the definition of that expression in that section were applied with the necessary modifications, evidenced by obligations issued for a term of not less than five years; and

(c)  in the case of a savings and credit union, its subordinated indebtedness, within the meaning that would be assigned by section 2 of the Cooperative Credit Associations Act (S.C. 1991, c. 48) if the definition of that expression were applied with the necessary modifications, issued for a term of not less than five years;

“major investment project” means a major investment project within the meaning assigned by the first paragraph of section 737.18.14;

“manufacturing corporation” for a taxation year means a corporation in respect of which the proportion of the manufacturing or processing activities for the year is at least 20%;

“mineral resource” means a mineral resource within the meaning of section 1, but does not include a bituminous sands deposit, an oil sands deposit or an oil shale deposit;

“non-government assistance” means an amount that would be included in computing the individual’s income by reason of paragraph w of section 87, if that paragraph were read without reference to subparagraphs ii and iii thereof;

“OSFI risk-weighting guidelines” means the guidelines, issued by the Superintendent of Financial Institutions of Canada under the authority of section 600 of the Bank Act, requiring an authorized foreign bank to provide to the Superintendent on a periodic basis a return of the bank’s risk-weighted on-balance sheet assets and off-balance sheet exposures, that apply as of 8 August 2000;

“person” means a person within the meaning assigned by section 1;

“proportion of the manufacturing or processing activities” of a corporation for a taxation year means

(a)  the proportion, expressed as a percentage, that the amount determined in respect of the corporation for the year under paragraph a of section 5200 of the Income Tax Regulations made under the Income Tax Act (R.S.C, 1985, chapter 1, 5th Suppl.) is of the amount determined in respect of the corporation for the year under paragraph b of section 5200 of those regulations; or

(b)  100%, if section 5201 of the Income Tax Regulations made under the Income Tax Act applies in respect of the corporation for the year;

“province” means a province within the meaning assigned by section 1;

“qualified corporation” for a taxation year means a corporation, other than a prescribed corporation for the purposes of subparagraph a of the first paragraph of section 1143, that

(a)  in the taxation year, carries on a recognized business all or any part of whose activities are eligible activities carried on in the base period applicable to the corporation in respect of those eligible activities, or is a member of a partnership that, in a fiscal period of the partnership ending in the taxation year, carries on a recognized business all or any part of whose activities are eligible activities carried on in the base period applicable to the partnership in respect of those eligible activities; and

(b)  encloses with its fiscal return it is required to file for the taxation year under section 1000 a copy of the certificate issued in respect of each recognized business carried on by it or carried on by a partnership of which it is a member;

“recognized business” means a recognized business within the meaning assigned by the first paragraph of any of sections 737.18.14, 737.18.29 and 1029.8.36.0.38 or section 1029.8.36.0.38.1, as the case may be;

“regulation” means a regulation made by the Government under this Part;

“savings and credit union” means a savings and credit union within the meaning assigned by section 797;

“specified shareholder” means a specified shareholder within the meaning of section 1;

“surplus” means the surpluses of a corporation and includes any amount by which any property has been valued in excess of its cost;

“taxation year” means a taxation year within the meaning assigned by Part I;

“trust corporation” means a corporation authorized by the legislation of Canada or of a province to provide trustee services.

1972, c. 23, s. 843; 1972, c. 26, s. 78; 1973, c. 17, s. 133; 1974, c. 18, s. 43; 1979, c. 38, s. 27; 1986, c. 15, s. 198; 1987, c. 21, s. 87; 1991, c. 7, s. 14; 1993, c. 16, s. 355; 1995, c. 1, s. 192; 1995, c. 63, s. 237; 1996, c. 39, s. 271; 1997, c. 3, s. 66; 1997, c. 14, s. 269; 1997, c. 31, s. 136; 1997, c. 85, s. 310; 1999, c. 8, s. 20; 1999, c. 83, s. 255; 2000, c. 39, s. 244; 2001, c. 51, s. 221; 2001, c. 51, s. 228; 2001, c. 53, s. 260; 2002, c. 9, s. 129; 2003, c. 9, s. 416; 2003, c. 29, s. 135; 2004, c. 8, s. 205; 2004, c. 21, s. 488; 2005, c. 1, s. 283; 2006, c. 8, s. 31; 2007, c. 12, s. 304; 2009, c. 5, s. 535; 2009, c. 15, s. 427.

1130.1. For the purposes of this Part, a corporation is associated with another corporation where it is associated, within the meaning of sections 21.20 to 21.25 and 781.1, with the other corporation.

2003, c. 9, s. 417.

BOOK II LIABILITY FOR AND AMOUNT OF THE TAX

1972, c. 23; 1979, c. 38, s. 27.

1131. Any corporation having an establishment in Québec at any time in a taxation year shall pay, in respect of that year, a tax on its paid-up capital shown in its financial statements for the year or, in the case of an authorized foreign bank, on its paid-up capital for the year.

1972, c. 23, s. 844; 1973, c. 17, s. 134; 1979, c. 38, s. 27; 1995, c. 1, s. 193; 1995, c. 63, s. 238; 1997, c. 3, s. 71; 2004, c. 8, s. 206.

1132. The tax payable by a corporation in respect of each taxation year is equal,

(a)  in the case of a bank, a savings and credit union, a loan corporation, a trust corporation or a corporation trading in securities, to the amount obtained by applying the rate determined in its respect for the year under section 1132.4 to its paid-up capital;

(b)  (paragraph repealed);

(c)  in the case of any other corporation, except a corporation that is an insurer within the meaning assigned by the Act respecting insurance (chapter A-32), a cooperative, or a mining corporation that has not reached the production stage, to the amount obtained by applying the rate determined in its respect for the year under section 1132.5 to its paid-up capital.

1972, c. 23, s. 845; 1972, c. 26, s. 79; 1979, c. 38, s. 27; 1980, c. 13, s. 108; 1981, c. 12, s. 14; 1982, c. 26, s. 303; 1982, c. 56, s. 26; 1983, c. 20, s. 6; 1983, c. 44, s. 45; 1992, c. 1, s. 205; 1993, c. 64, s. 192; 1995, c. 63, s. 239; 1997, c. 3, s. 71; 1997, c. 14, s. 270; 1999, c. 83, s. 256; 2000, c. 39, s. 245; 2003, c. 9, s. 418; 2005, c. 38, s. 312.

1132.1. (Repealed).

1987, c. 21, s. 88; 1990, c. 7, s. 208; 1997, c. 3, s. 71; 2000, c. 39, s. 246.

1132.2. (Repealed).

1990, c. 7, s. 209; 1991, c. 8, s. 95; 1997, c. 3, s. 71; 2000, c. 39, s. 246.

1132.3. (Repealed).

1991, c. 8, s. 96; 1992, c. 1, s. 206; 1997, c. 3, s. 71; 2000, c. 39, s. 246.

1132.4. The rate referred to in paragraph a of section 1132 in respect of a corporation for a taxation year that begins before 1 January 2011 is equal to

(a)  if the taxation year begins and ends in the same calendar year, the base percentage for that calendar year; and

(b)  if subparagraph a does not apply, the total of the percentages each of which is the proportion of the base percentage for a calendar year that the number of days in the taxation year that are included in that calendar year is of the number of days in the taxation year.

For the purposes of the first paragraph, the base percentage for a calendar year is equal to

(a)  1.2%, for the calendar year 2005;

(b)  1.05%, for the calendar year 2006;

(c)  0.98%, for the calendar year 2007;

(d)  0.72%, for the calendar year 2008;

(e)  0.48%, for the calendar year 2009; and

(f)  0.24%, for the calendar year 2010.

2005, c. 38, s. 313; 2009, c. 5, s. 536.

1132.5. The rate referred to in paragraph c of section 1132 in respect of a corporation for a taxation year that begins before 1 January 2011 is equal to

(a)  if the taxation year begins and ends in the same calendar year, the base percentage for that calendar year; and

(b)  if subparagraph a does not apply, the total of the percentages each of which is the proportion of the base percentage for a calendar year that the number of days in the taxation year that are included in that calendar year is of the number of days in the taxation year.

For the purposes of the first paragraph, the base percentage for a calendar year is equal to

(a)  0.6%, for the calendar year 2005;

(b)  0.525%, for the calendar year 2006;

(c)  0.49%, for the calendar year 2007;

(d)  0.36%, for the calendar year 2008;

(e)  0.24%, for the calendar year 2009; and

(f)  0.12%, for the calendar year 2010.

2005, c. 38, s. 313; 2009, c. 5, s. 537.

1133. Where a corporation contemplated in section 1131 has an establishment situated outside Québec, the tax payable by that corporation is equal to that part of the tax established pursuant to section 1132 represented by the ratio between the business carried on by it in Québec and the aggregate of the business carried on by it in Canada or in Québec and elsewhere, as determined by regulation.

1972, c. 23, s. 846; 1979, c. 38, s. 27; 1987, c. 21, s. 89; 1992, c. 1, s. 207; 1995, c. 1, s. 199; 1997, c. 3, s. 71.

1134. Where the taxation year of a corporation covers a period of less than three hundred and fifty-nine days, that corporation must pay the tax otherwise established in the proportion that the number of days in its taxation year is to three hundred and sixty-five.

1972, c. 23, s. 847; 1973, c. 18, s. 33; 1979, c. 38, s. 27; 1997, c. 3, s. 71.

1135. In no case may the tax payable by a corporation, other than a corporation referred to in subparagraph d, that is a farming corporation or a corporation whose activities consist mainly in carrying on a fishing business be less than $125, or the tax payable by another corporation that is not one of the following corporations be less than $250:

(a)  (subparagraph repealed);

(b)  (subparagraph repealed);

(c)  a corporation referred to in section 61 of the Act respecting international financial centres (chapter C-8.3);

(d)  a corporation whose activities in the taxation year, and those of any partnership of which the corporation is a member, in the fiscal period of that partnership that ends in the taxation year, consist solely in carrying on eligible activities of a recognized business carried on by the corporation in the taxation year or by the partnership in the fiscal period, during any of the following periods:

i.  the eligibility period of the corporation or partnership, as the case may be, in respect of a major investment project relating to the recognized business,

ii.  the base period applicable to the corporation or partnership, as the case may be, in respect of those eligible activities, or

iii.  the exemption period applicable to the corporation in respect of those eligible activities; and

(e)  a tax-exempt corporation under sections 1143 and 1144.

However, the first paragraph applies to a corporation only if the corporation is referred to in paragraph a of section 1132 or prescribed for the purposes of subparagraph a of the first paragraph of section 1143 and if its taxation year begins before 1 January 2011.

1972, c. 23, s. 848; 1972, c. 26, s. 80; 1973, c. 17, s. 135; 1979, c. 38, s. 27; 1986, c. 15, s. 199; 1987, c. 21, s. 90; 1990, c. 7, s. 210; 1991, c. 8, s. 97; 1992, c. 1, s. 208; 1993, c. 64, s. 193; 1995, c. 63, s. 240; 1997, c. 3, s. 71; 1997, c. 14, s. 271; 1999, c. 86, s. 90; 2000, c. 39, s. 247; 2002, c. 9, s. 130; 2003, c. 9, s. 419; 2009, c. 5, s. 538.

1135.1. If a corporation to which Title I of Book III applies is the owner at the end of a particular taxation year of a property described in any of sections 1135.3 to 1135.3.1 that the corporation acquired in that year, or is a member of a partnership at the end of a particular fiscal period of the partnership that ends in the corporation’s particular taxation year and at that time the partnership is the owner of a property described in any of sections 1135.3 to 1135.3.1 that the partnership acquired in that particular fiscal period, the corporation may deduct from its tax otherwise payable under this Part for the particular taxation year a particular amount equal to the aggregate of

(a)  5% of the aggregate of

i.  the aggregate of all amounts each of which is the amount by which the aggregate of the costs incurred by the corporation in the particular taxation year to acquire such property described in section 1135.3, except an amount incurred with a person with whom the corporation or a specified shareholder of the corporation does not deal at arm’s length, that are related to a business carried on by the corporation in the particular year in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that year, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that particular year, and

ii.  the aggregate of all amounts each of which is the amount by which the corporation’s share of the amount by which the aggregate of the costs incurred by the partnership in the particular fiscal period to acquire such property described in section 1135.3, except an amount incurred with a person with whom a corporation that is a member of the partnership or a specified shareholder of that corporation does not deal at arm’s length, that are related to a business carried on by the partnership in the particular fiscal period in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that particular fiscal period, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period;

(a.1)  10% of the aggregate of

i.  the aggregate of all amounts each of which is the amount by which the aggregate of the costs incurred by the corporation in the particular taxation year to acquire such a property described in section 1135.3.0.1, except an amount incurred with a person with whom the corporation or a specified shareholder of the corporation does not deal at arm’s length, that are related to a business carried on by the corporation in the particular year in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that year, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that particular year, and

ii.  the aggregate of all amounts each of which is the amount by which the corporation’s share of the amount by which the aggregate of the costs incurred by the partnership in the particular fiscal period to acquire such a property described in section 1135.3.0.1, except an amount incurred with a person with whom a corporation that is a member of the partnership or a specified shareholder of that corporation does not deal at arm’s length, that are related to a business carried on by the partnership in the particular fiscal period in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that particular fiscal period, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period; and

(b)  15% of the aggregate of

i.  the aggregate of all amounts each of which is the amount by which the aggregate of the costs incurred by the corporation in the particular taxation year to acquire such property described in section 1135.3.1, except an amount incurred with a person with whom the corporation or a specified shareholder of the corporation does not deal at arm’s length, that are related to a business carried on by the corporation in the particular year in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that year, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that particular year, and

ii.  the aggregate of all amounts each of which is the amount by which the corporation’s share of the amount by which the aggregate of the costs incurred by the partnership in the particular fiscal period to acquire such property described in section 1135.3.1, except an amount incurred with a person with whom a corporation that is a member of the partnership or a specified shareholder of that corporation does not deal at arm’s length, that are related to a business carried on by the partnership in the particular fiscal period in Québec, other than a recognized business in connection with which a major investment project is carried out or is in the process of being carried out, and that are included, at the end of that particular fiscal period, in the capital cost of the property, to the extent that those costs are paid, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the partnership has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance, attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the day that is six months after the end of that particular fiscal period.

For the purpose of computing the payments that a corporation referred to in the first paragraph is required to make under subparagraph a of the first paragraph of section 1027, or any of sections 1145, 1159.7, 1175 and 1175.19 if they refer to that subparagraph a, the following rules apply:

(a)  the corporation shall estimate its tax payable for the particular taxation year under this Part as if that tax were computed without reference to the first paragraph; and

(b)  the corporation is deemed to have paid to the Minister, on account of the aggregate of its tax payable for the particular taxation year under Part I and of its tax payable for the particular year under this Part and Parts IV.1, VI and VI.1, on the date on or before which each payment is required to be made, an amount equal to the lesser of

i.  the amount by which the amount determined in accordance with the first paragraph for the particular year exceeds the aggregate of all amounts each of which is the portion of that amount that may reasonably be considered to be deemed to have been paid to the Minister under this paragraph in the particular year but before that date, and

ii.  the amount by which the amount of that payment, determined without reference to Chapter III.1 of Title III of Book IX of Part I and this section, exceeds the aggregate of all amounts each of which is an amount that is deemed, under that Chapter III.1, to have been paid to the Minister on that date, for the purpose of computing that payment.

For the purposes of the first paragraph, the costs that are included, at the end of a taxation year or fiscal period, in the capital cost of a property do not include the costs so included under section 180 or 182.

2005, c. 38, s. 314; 2006, c. 36, s. 251; 2007, c. 12, s. 277; 2009, c. 5, s. 539.

1135.2. A corporation to which Title I of Book III applies may deduct from its tax otherwise payable under this Part for a particular taxation year, determined before the application of section 1135.1, an amount not exceeding the amount by which the balance of the amount that the corporation has not deducted under the first paragraph of section 1135.1, in respect of the costs referred to in that paragraph, for any given taxation year preceding the particular year, otherwise than because of the application of section 1135.8 or 1135.8.1, in this section referred to as the “particular balance”, exceeds any amount deducted under this section, in respect of those costs, for a taxation year preceding the particular year.

However, the amount that the corporation may deduct under the first paragraph, in respect of the costs referred to in that paragraph and incurred by the corporation or by a partnership of which it was a member at the end of the fiscal period of the partnership ending in the given taxation year, must be reduced by the amount determined under the third paragraph if

(a)  in the particular year or a preceding taxation year, an amount relating to the costs incurred by the corporation, other than an amount having reduced the amount of those costs in accordance with any of subparagraphs a to b of the first paragraph of section 1135.1 or section 1135.4, is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  in a fiscal period of a partnership ending in the particular year or in a preceding taxation year and at the end of which the corporation is a member of that partnership, an amount relating to the costs incurred by that partnership, other than an amount having reduced the amount of those costs, or the corporation’s share of the amount of those costs, in accordance with any of subparagraphs a to b of the first paragraph of section 1135.1 or section 1135.4, is, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The amount to which the second paragraph refers is the amount by which the particular balance exceeds the amount that would be the amount of the particular balance if

(a)  any amount referred to in subparagraph a or b of the second paragraph that is, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation were directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation in the given taxation year; and

(b)  any amount referred to in subparagraph b of the second paragraph that is, directly or indirectly, refunded or otherwise paid to a partnership referred to in that subparagraph b or allocated to a payment to be made by the partnership were directly or indirectly, refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership in the partnership’s fiscal period ending in the given taxation year.

If, in respect of the costs referred to in the first paragraph, a person other than the corporation, or a partnership other than the particular partnership that incurred those costs, has obtained, at a particular time, a benefit or advantage that would have reduced those costs in accordance with section 1135.4 if the person or partnership had obtained it, had been entitled to obtain it or could reasonably have expected to obtain it on or before the corporation’s filing-due date for the given taxation year, or on or before the day that is six months after the end of the fiscal period of the particular partnership that ends in the given taxation year, the benefit or advantage is, for the purposes of the second and third paragraphs,

(a)  if those costs were incurred by the corporation, deemed to be an amount that is paid to the corporation at that time; or

(b)  if those costs were incurred by the particular partnership, deemed to be

i.  an amount that is paid to the particular partnership at that time, when the benefit or advantage has been obtained by another partnership or by a person other than the person referred to in subparagraph ii, or

ii.  an amount that is paid to the corporation at that time, when the benefit or advantage has been obtained by a person with whom the corporation is not dealing at arm’s length.

2005, c. 38, s. 314; 2006, c. 36, s. 252; 2007, c. 12, s. 278; 2009, c. 5, s. 540.

1135.3. The property to which the first paragraph of section 1135.1 refers is a property described in Class 43 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), other than a property described in section 1135.3.0.1 or 1135.3.1, that

(a)  is acquired after 21 April 2005, but is not a property acquired pursuant to an obligation in writing entered into before 22 April 2005 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 21 April 2005, nor any other property acquired after 13 March 2008 that is not a property acquired pursuant to an obligation in writing entered into before 14 March 2008 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 13 March 2008;

(b)  begins to be used within a reasonable time after being acquired;

(c)  is used solely in Québec and mainly in the course of carrying on a business; and

(d)  was not, before its acquisition, used for any purpose or acquired to be used or leased for any purpose whatever.

2005, c. 38, s. 314; 2006, c. 36, s. 253; 2009, c. 5, s. 541; 2009, c. 15, s. 428.

1135.3.0.1. The property to which the first paragraph of section 1135.1 and section 1135.3 refer is a property described in Class 43 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1), other than a property described in section 1135.3.1, that

(a)  is acquired after 20 February 2007, but is not a property acquired pursuant to an obligation in writing entered into before 21 February 2007 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 20 February 2007, nor any other property acquired after 13 March 2008 that is not a property acquired pursuant to an obligation in writing entered into before 14 March 2008 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 13 March 2008;

(b)  begins to be used within a reasonable time after being acquired;

(c)  is used solely in Québec and mainly in the course of carrying on a business; and

(d)  was not, before its acquisition, used for any purpose or acquired to be used or leased for any purpose whatever.

2009, c. 5, s. 542; 2009, c. 15, s. 429.

1135.3.1. The property to which the first paragraph of section 1135.1 and sections 1135.3 and 1135.3.0.1 refer is a property described in Class 43 of Schedule B to the Regulation respecting the Taxation Act (R.R.Q., c. I-3, r. 1) that

(a)  is a property acquired after 23 March 2006 (other than a property described in paragraph b, a property acquired pursuant to an obligation in writing entered into before 24 March 2006 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 23 March 2006, or any other property acquired after 13 March 2008 that is not a property acquired pursuant to an obligation in writing entered into before 14 March 2008 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 13 March 2008) and that

i.  begins to be used within a reasonable time after being acquired,

ii.  is used solely in Québec in the course of carrying on a business and mainly in

(1)  sawmill and wood preservation activities included in the group described under code 3211 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada,

(2)  activities involved in the manufacturing of veneer, plywood and engineered wood products included in the group described under code 3212 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada, excluding activities involved in the manufacturing of structural wood products included in the class described under code 321215 of that publication, or

(3)  activities relating to pulp, paper and paperboard mills included in the group described under code 3221 of the North American Industry Classification System (NAICS) Canada, as amended from time to time and published by Statistics Canada, and

iii.  was not, before its acquisition, used for any purpose or acquired to be used or leased for any purpose whatever; or

(b)  is a property acquired after 23 November 2007 (other than a property acquired pursuant to an obligation in writing entered into before 24 November 2007 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 23 November 2007, or any other property acquired after 13 March 2008 that is not a property acquired pursuant to an obligation in writing entered into before 14 March 2008 or the construction of which, if applicable, by or on behalf of the purchaser, had begun by 13 March 2008) and that

i.  begins to be used within a reasonable time after being acquired,

ii.  is used solely in Québec and mainly in the course of carrying on a business, and

iii.  was not, before its acquisition, used for any purpose or acquired to be used or leased for any purpose whatever.

2006, c. 36, s. 254; 2009, c. 5, s. 543; 2009, c. 15, s. 430.

1135.4. If, in respect of costs incurred by a particular corporation or a particular partnership to acquire a property described in any of sections 1135.3 to 1135.3.1, a person or a partnership has obtained, is entitled to obtain or may reasonably expect to obtain a benefit or advantage, other than a benefit or advantage that may reasonably be attributed to the acquisition of that property, whether in the form of a reimbursement, compensation or guarantee, in the form of proceeds of disposition of a property which exceed the fair market value of the property, or in any other form or manner, the following rules apply:

(a)  for the purpose of computing the amount that the particular corporation may deduct in computing its tax otherwise payable under the first paragraph of section 1135.1 for a particular taxation year, the amount determined in accordance with subparagraph i of any of subparagraphs a to b of that first paragraph, in respect of the particular corporation for the particular year, in relation to those costs, is to be reduced by the amount of that benefit or advantage that the person or partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the particular corporation’s filing-due date for the particular year; and

(b)  for the purpose of computing the amount that the particular corporation may deduct in computing its tax otherwise payable under the first paragraph of section 1135.1 for a particular taxation year, if the particular corporation is a member of the particular partnership at the end of the fiscal period of the particular partnership that ends in the particular year, the amount determined in accordance with subparagraph ii of any of subparagraphs a to b of that first paragraph, in respect of the particular corporation for the particular year, in relation to those costs, is to be reduced

i.  by its share, for that fiscal period, of the amount of that benefit or advantage, relating to those costs, that the person, other than a person referred to in subparagraph ii, or the partnership has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of that fiscal period, and

ii.  by the amount of that benefit or advantage, relating to those costs, that the particular corporation or a person with which it does not deal at arm’s length has obtained, is entitled to obtain or may reasonably expect to obtain on or before the day that is six months after the end of that fiscal period;

(c)  (paragraph repealed).

2005, c. 38, s. 314; 2006, c. 36, s. 255; 2007, c. 12, s. 279; 2009, c. 5, s. 544.

1135.5. For the purposes of sections 1135.1, 1135.2, 1135.4 and 1135.7.3, the share of a corporation or partnership that is a member of a particular partnership, for a fiscal period of that particular partnership, of an amount is equal to the agreed proportion of the amount in respect of the corporation or partnership for that fiscal period.

2005, c. 38, s. 314; 2007, c. 12, s. 280; 2009, c. 15, s. 431.

1135.6. If a corporation pays at a particular time in a taxation year, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph i or ii of subparagraph a of the first paragraph of section 1135.1 that, for the purpose of determining the amount that the corporation could deduct, in respect of those costs, in computing its tax otherwise payable for a preceding taxation year under this Part, reduced the amount determined, in respect of the corporation, under that subparagraph i or ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the corporation as costs to acquire, in the year, a property of which the corporation is the owner at the end of the year and that meets the conditions set out in section 1135.3; and

(b)  the costs referred to in paragraph a are deemed to be related to a business that the corporation carries on in the year in Québec and included, at the end of that year, in the capital cost of the property.

2005, c. 38, s. 314; 2006, c. 36, s. 256; 2007, c. 12, s. 281; 2009, c. 5, s. 545.

1135.6.0.1. If a corporation pays at a particular time in a taxation year, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3.0.1, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph i or ii of subparagraph a.1 of the first paragraph of section 1135.1 that, for the purpose of determining the amount that the corporation could deduct, in respect of those costs, in computing its tax otherwise payable for a preceding taxation year under this Part, reduced the amount determined, in respect of the corporation, under that subparagraph i or ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the corporation as costs to acquire, in the year, a property of which the corporation is the owner at the end of the year and that meets the conditions set out in section 1135.3.0.1; and

(b)  the costs referred to in paragraph a are deemed to be related to a business that the corporation carries on in the year in Québec and included, at the end of that year, in the capital cost of the property.

2009, c. 5, s. 546.

1135.6.1. If a corporation pays at a particular time in a taxation year, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3.1, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph i or ii of subparagraph b of the first paragraph of section 1135.1 that, for the purpose of determining the amount that the corporation could deduct, in respect of those costs, in computing its tax otherwise payable for a preceding taxation year under this Part, reduced the amount determined, in respect of the corporation, under that subparagraph i or ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the corporation as costs to acquire, in the year, a property of which the corporation is the owner at the end of the year and that meets the conditions set out in section 1135.3.1; and

(b)  the costs referred to in subparagraph a are deemed to be related to a business that the corporation carries on in the year in Québec and included, at the end of that year, in the capital cost of the property.

2006, c. 36, s. 257; 2007, c. 12, s. 282; 2009, c. 5, s. 547.

1135.7. If a partnership pays at a particular time in a particular fiscal period, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph ii of subparagraph a of the first paragraph of section 1135.1 that, for the purpose of determining the amount that a corporation that is a member of the partnership could deduct, in respect of those costs, in computing its tax otherwise payable under this Part for a taxation year in which ends a fiscal period of the partnership that precedes the particular fiscal period, reduced the amount determined, in respect of the corporation, under that subparagraph ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the partnership as costs to acquire, in the particular fiscal period, a property of which the partnership is the owner at the end of that particular fiscal period and that meets the conditions set out in section 1135.3; and

(b)  the costs referred to in paragraph a are deemed to be related to a business that the partnership carries on in the particular fiscal period in Québec and included, at the end of that fiscal period, in the capital cost of the property.

2005, c. 38, s. 314; 2006, c. 36, s. 258; 2007, c. 12, s. 283; 2009, c. 5, s. 548.

1135.7.0.1. If a partnership pays at a particular time in a particular fiscal period, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3.0.1, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph ii of subparagraph a.1 of the first paragraph of section 1135.1 that, for the purpose of determining the amount that a corporation that is a member of the partnership could deduct, in respect of those costs, in computing its tax otherwise payable under this Part for a taxation year in which ends a fiscal period of the partnership that precedes the particular fiscal period, reduced the amount determined, in respect of the corporation, under that subparagraph ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the partnership as costs to acquire, in the particular fiscal period, a property of which the partnership is the owner at the end of that particular fiscal period and that meets the conditions set out in section 1135.3.0.1; and

(b)  the costs referred to in paragraph a are deemed to be related to a business that the partnership carries on in the particular fiscal period in Québec and included, at the end of that fiscal period, in the capital cost of the property.

2009, c. 5, s. 549.

1135.7.1. If a partnership pays at a particular time in a particular fiscal period, pursuant to a legal obligation, a particular amount, in relation to costs incurred to acquire a property described in section 1135.3.1, that may reasonably be considered to be a repayment of an amount of assistance referred to in subparagraph ii of subparagraph b of the first paragraph of section 1135.1 that, for the purpose of determining the amount that a corporation that is a member of the partnership could deduct, in respect of those costs, in computing its tax otherwise payable under this Part for a taxation year in which ends a fiscal period of the partnership that precedes the particular fiscal period, reduced the amount determined, in respect of the corporation, under that subparagraph ii, the following rules apply:

(a)  the particular amount is deemed, for the purposes of sections 1135.1 to 1135.12, to have been paid at the particular time by the partnership as costs to acquire, in the particular fiscal period, a property of which the partnership is the owner at the end of that particular fiscal period and that meets the conditions set out in section 1135.3.1; and

(b)  the costs referred to in subparagraph a are deemed to be related to a business that the partnership carries on in the particular fiscal period in Québec and included, at the end of that fiscal period, in the capital cost of the property.

2006, c. 36, s. 259; 2007, c. 12, s. 284; 2009, c. 5, s. 550.

1135.7.2. For the purposes of sections 1135.6 to 1135.7.1, an amount of assistance is deemed to be repaid by a corporation or partnership at a particular time, pursuant to a legal obligation, if that amount

(a)  reduced the amount determined in accordance with subparagraph i or ii of any of subparagraphs a to b of the first paragraph of section 1135.1 for the purpose of determining the amount that the corporation or a corporation that is a member of the partnership could deduct, in respect of the costs referred to in that first paragraph, in computing its tax otherwise payable for a taxation year under this Part;

(b)  was not received by the corporation or partnership; and

(c)  ceased at that time to be an amount that the corporation or partnership may reasonably expect to receive.

2007, c. 12, s. 285; 2009, c. 5, s. 551.

1135.7.3. If a particular partnership is a member of another partnership at the end of a fiscal period of that other partnership in which that other partnership has incurred costs referred to in subparagraph ii of any of subparagraphs a to b of the first paragraph of section 1135.1 to acquire a property referred to in that subparagraph ii of which it is the owner at that time, the particular partnership is deemed, for the purposes of sections 1135.1 to 1135.12 and Part VI.1.1 in respect of those costs, to have also acquired, in the course of carrying on a business in Québec, the property in the fiscal period of the particular partnership in which the fiscal period of the other partnership ends or the end of which coincides with the end of the fiscal period of the other partnership, and to be the owner of the property at the end of that fiscal period, and

(a)  to have incurred and paid in a particular fiscal period its share of the amounts or costs incurred and paid by the other partnership in its fiscal period that ends in the particular fiscal period or the end of which coincides with the end of the particular fiscal period; and

(b)  to have received, to be entitled to receive or to reasonably expect to receive in a particular fiscal period, its share of the amounts that the other partnership has received, is entitled to receive or may reasonably expect to receive, on or before the day that is six months after the end of the fiscal period of the other partnership that ends in that particular fiscal period or the end of which coincides with the end of the particular fiscal period.

2007, c. 12, s. 285; 2009, c. 5, s. 552.

1135.8. No amount may be deducted by a corporation, for a taxation year, under sections 1135.1 and 1135.2, in relation to a property described in section 1135.3 or 1135.3.0.1 or paragraph b of section 1135.3.1, in respect of costs incurred to acquire the property, if, at any time before the day after the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser or by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, or, if it precedes the day that is the end of that period, the corporation’s filing-due date, for that taxation year, the property ceases, otherwise than by reason of the loss or involuntary destruction of the property by fire, theft or water or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on

(a)  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property; or

(b)  by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property.

2005, c. 38, s. 314; 2006, c. 36, s. 260; 2009, c. 5, s. 553; 2009, c. 15, s. 432.

1135.8.1. No amount may be deducted by a corporation, for a taxation year, under sections 1135.1 and 1135.2, in relation to a property described in paragraph a of section 1135.3.1, in respect of costs incurred to acquire the property, if, at any time before the day after the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser or by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, or, if it precedes the day that is the end of that period, the corporation’s filing-due date, for that taxation year, the property ceases, otherwise than by reason of the loss or involuntary destruction of the property by fire, theft or water or of a major breakdown of the property, to be used solely in Québec in connection with the activities, described in subparagraph ii of paragraph a of section 1135.3.1, of a business carried on

(a)  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property; or

(b)  by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property.

2006, c. 36, s. 261; 2009, c. 5, s. 554; 2009, c. 15, s. 433.

1135.9. If, at any time, control of a corporation is acquired by a person or group of persons, no amount may be deducted by the corporation, under section 1135.2, in computing its tax otherwise payable under this Part for a taxation year ending after that time.

However, the corporation may deduct, under section 1135.2, from its tax otherwise payable under this Part for a particular taxation year ending after that time, the balance of the amount the corporation has not deducted, under section 1135.1, for a taxation year ending before that time, otherwise than because of the application of section 1135.8 or 1135.8.1, that may reasonably be considered to be attributable to costs to acquire a property described in any of sections 1135.3 to 1135.3.1 that were incurred in the course of carrying on a business, if the corporation carried on the business throughout the particular year for profit or with a reasonable expectation of profit.

The amount that the corporation may deduct in respect of the balance referred to in the second paragraph is to be determined as if the reference to the tax otherwise payable under this Part were a reference to the portion of the tax otherwise payable under this Part by the corporation for the particular year that may reasonably be attributed to the carrying on of that business and, if the corporation sold, leased, rented or developed properties or rendered services in the course of carrying on that business before that time, of any other business substantially all the income of which is derived from the sale, leasing, rental or development, as the case may be, of similar properties, or the rendering of similar services.

2005, c. 38, s. 314; 2006, c. 36, s. 262; 2009, c. 5, s. 555.

1135.9.1. A corporation deemed to have acquired a property at a particular time under paragraph b of section 125.1 is deemed, for the purposes of sections 1135.1 to 1135.8.1, to have acquired the property at that time at a cost of acquisition, incurred and paid at that time, equal to the fair market value of the property at that time, and to own the property from that time to the time at which it is deemed to dispose of the property under paragraph f of section 125.1.

2006, c. 13, s. 214; 2006, c. 36, s. 263.

1135.9.2. Sections 1029.6.0.1.8.1 and 1029.6.0.1.8.2 apply, with the necessary modifications, to sections 1135.1 to 1135.12, except where inconsistent with those sections.

2007, c. 12, s. 286.

1135.10. (Repealed).

2005, c. 38, s. 314; 2006, c. 13, s. 215.

1135.11. (Repealed).

2005, c. 38, s. 314; 2006, c. 13, s. 215.

1135.12. For the purposes of this Part, government assistance or non-government assistance does not include

(a)  an amount deducted by a corporation under section 1135.1 or 1135.2 from its tax otherwise payable under this Part; or

(b)  an amount deducted or deductible under subsection 5 or 6 of section 127 of the Income Tax Act (R.S.C., 1985, chapter 1, 5th Suppl.) that can reasonably be attributed to the acquisition of a qualified property, within the meaning of subsection 9 of section 127 of that Act.

2005, c. 38, s. 314; 2009, c. 15, s. 434.

BOOK III COMPUTATION OF PAID-UP CAPITAL

1972, c. 23; 1979, c. 38, s. 27.

TITLE I CORPORATIONS OTHER THAN BANKS, SAVINGS AND CREDIT UNIONS, LOAN CORPORATIONS, TRUST CORPORATIONS AND CORPORATIONS TRADING IN SECURITIES

1972, c. 23; 1979, c. 38, s. 27; 1980, c. 13, s. 109; 1997, c. 3, s. 71; 1997, c. 14, s. 272.

1136. (1)  In this Part, the paid-up capital of a corporation includes:

(a)  the paid-up capital stock and any other participating interest in the nature of capital stock;

(b)  the surpluses, provisions and reserves, except those for amortization or depletion, those permitted by Part I to the extent that they were deducted in computing income under that Part and those for losses, in respect of a contract of lease or of leasing, that a corporation carrying on lease or leasing activities cannot deduct in computing its income under that Part;

(b.0.1)  the future tax liabilities;

(b.1)  (paragraph repealed);

(b.2)  where the corporation is a qualified corporation for the taxation year and the amount of the corporation’s deficit would be nil, but for the eligible activities of any recognized business carried on by the corporation or by any partnership of which the corporation is a member, that are carried on during the base period applicable to the corporation or partnership, as the case may be, in respect of the eligible activities, or the amount of the corporation’s surpluses is less than the amount that would be those surpluses, but for the eligible activities, an amount equal to the lesser of

i.  the amount that would be the corporation’s deficit if only the eligible activities were taken into account, and

ii.  the amount by which the amount that would be the corporation’s surpluses if no reference were made to the eligible activities, exceeds the amount of the surpluses that are included in computing the corporation’s paid-up capital for the taxation year under paragraph b;

(b.3)  the amount of the corporation’s deferred unrealized foreign exchange gains at the end of the taxation year;

(c)  a debt contracted or assumed by it, the payment of which is secured, in part or in whole, by a property of the corporation, other than a debt contracted or assumed by the corporation within the preceding six months and that is a trade account payable as consideration for the acquisition of a good or the supply of a service, or a tax payable in connection with the acquisition of a good or the supply of a service where the acquisition or supply gave rise to a trade account payable or would give rise to a trade account payable if the consideration for the acquisition or supply were unpaid;

(d)  the loans and advances granted directly or indirectly to the corporation;

(e)  any other debt provided it has existed for more than six months;

(f)  bankers’ acceptances and other similar securities accepted by a bank or other person, which constitute liabilities of the corporation.

(2)  A debt repaid before the end of the taxation year is deemed to be a debt at the end of that year if it is established that the repayment was made as part of a series of loans and repayments in order to unduly reduce the paid-up capital.

(3)  A corporation having an interest in a partnership or in a joint venture shall include in computing its paid-up capital the amounts that would be included in computing the paid-up capital of that partnership or joint venture under this section and sections 1137 and 1138, if that partnership or joint venture were a corporation and no reference were made to paragraph b.1.2 of section 1137, in the proportion that the share of the corporation of the income or loss of the partnership or the joint venture, for the fiscal period of the partnership or joint venture ending in the corporation’s taxation year, is of the income or loss of the partnership or joint venture for that fiscal period, on the assumption that, if the income and loss of the partnership or the joint venture for that fiscal period are nil, the income of the partnership or joint venture for that fiscal period is equal to $1,000,000.

For the purposes of the first paragraph, if the share of an amount of $1,000,000 in profits of a partnership for a fiscal period that is attributable to a corporation, on account of its interest in the partnership, is at least $200,000, the following rules apply:

(a)  the corporation shall include in computing its paid-up capital its share of the retained profits shown in the partnership’s financial statements, except to the extent that the share is otherwise included in the corporation’s paid-up capital or to the extent that the Minister is of the opinion that the generally accepted accounting principles allow for the share to not be so included in computing the corporation’s paid-up capital; and

(b)  the corporation may deduct in computing its paid-up capital its share of the unallocated deficit shown in the partnership’s financial statements, except to the extent that the share is otherwise deducted in computing the corporation’s paid-up capital or to the extent that the Minister is of the opinion that the generally accepted accounting principles do not allow for the share to be so deducted in computing the corporation’s paid-up capital.

However, the corporation shall not include nor deduct in computing its paid-up capital any amount shown in the financial statements of the partnership or joint venture resulting from an operation between the partnership or the joint venture and its members.

1972, c. 23, s. 849; 1972, c. 26, s. 81; 1979, c. 38, s. 27; 1986, c. 15, s. 200; 1991, c. 8, s. 98; 1993, c. 19, s. 145; 1995, c. 63, s. 241; 1997, c. 3, s. 71; 1997, c. 14, s. 273; 1999, c. 86, s. 91; 2000, c. 39, s. 248; 2001, c. 7, s. 165; 2002, c. 40, s. 312; 2003, c. 9, s. 420; 2005, c. 38, s. 315; 2009, c. 5, s. 556.

1137. In computing its paid-up capital, a corporation may deduct

(a)  the amount of its deficit;

(b)  the costs pertaining to the issue of shares or bonds, including discount, provided they were not used to reduce its surplus or its paid-up capital;

(b.0.1)  where it has included in that computation for the taxation year an amount relating to the financing of new automotive equipment that it has acquired for the purpose of resale, an amount equal to 50% of the lesser of the amount shown in its financial statements in relation to such automotive equipment it has in stock and the amount so included in that computation;

(b.1)  the amount of its future tax assets;

(b.1.1)  the amount of the corporation’s deferred unrealized foreign exchange losses at the end of the taxation year;

(b.1.2)  the amount determined for the taxation year under section 1137.0.0.2, unless the corporation is for that year a prescribed corporation for the purposes of subparagraph a of the first paragraph of section 1143;

(b.2)  where it holds, at the end of the taxation year, in respect of an eligible vessel, a valid certificate issued by the Minister of Economic Development, Innovation and Export Trade, where the taxation year is included in its deduction period and where it encloses with the fiscal return it is required to file for the year under section 1000, by reason of section 1145, a copy of that certificate, the aggregate of

i.  the amount by which its eligible acquisition costs for the year in respect of the eligible vessel exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such costs, that the corporation has received, is entitled to receive or can reasonably expect to receive on or before its filing-due date for that year, and

ii.  the aggregate of all amounts each of which is an amount paid by the corporation in the year, or in a preceding taxation year, as a repayment of assistance referred to in subparagraph i;

(b.2.1)  where it holds, at the end of the taxation year, in respect of an eligible vessel, a valid certificate issued by the Minister of Economic Development, Innovation and Export Trade, where the taxation year is included in its deduction period and where it encloses with its fiscal return it is required to file for the year under section 1000, by reason of section 1145, a copy of that certificate, the aggregate of

i.  the amount by which its eligible conversion costs for the year in respect of the eligible vessel exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before its filing-due date for that year, and

ii.  the aggregate of all amounts each of which is an amount paid by the corporation in the year, or in a preceding taxation year, as a repayment of assistance referred to in subparagraph i;

(b.3)  subject to the first paragraph of section 1137.2, where the corporation is the owner at the end of a taxation year of property described in the first paragraph of section 1137.5 and where that year is the year in which it acquired the property or the year following that year, an amount equal to the amount by which the aggregate of the costs it incurred to acquire the property in the year in which it acquired the property, except an amount incurred with a person with whom the corporation or a specified shareholder of the corporation does not deal at arm’s length, that are related to a business carried on by the corporation in the year in Québec, and that are included, at the end of that year, in the capital cost of the property, exceeds the aggregate of all amounts each of which is an amount of any government assistance or non-government assistance attributable to such costs, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for that year;

(b.4)  subject to the second paragraph of section 1137.2, where the corporation is, at the end of a taxation year, the owner of property described in the first paragraph of section 1137.5 as a consequence of the transfer of the property to the corporation in any of the circumstances described in section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), by a corporation, referred to as the “transferor” in this paragraph and in the second paragraph of section 1137.2, and the transferor would have been, had it been the owner of the property at the end of that year, entitled to deduct under paragraph b.3 an amount in computing its paid-up capital in respect of the property for its taxation year that includes the time of the transfer, an amount equal to the amount by which the amount that the transferor would have been entitled to so deduct in respect of the property under that paragraph b.3 in computing its paid-up capital for the year that includes the time of the transfer, exceeds the aggregate of all amounts each of which is an amount of government assistance or non-government assistance attributable to the property, that the corporation has received, is entitled to receive or may reasonably expect to receive on or before the corporation’s filing-due date for its taxation year;

(b.5)  an amount equal to 33 1/3% of the portion of its paid-up capital that would, but for this paragraph, be determined under sections 1136 to 1138 that

i.  the greater of

(1)  its gross revenue for the taxation year from a mineral resource owned or operated by it, and

(2)  the capital cost, to the corporation, of property acquired in the year in the course of a major expansion that results in any of the consequences described in subparagraphs 1 and 2 of subparagraph ii of subparagraph a of the first paragraph of Class 28 of Schedule B to the Regulation respecting the Taxation Act, that is added to the capital cost, to the corporation, of the property of Class 41 of that Schedule, is of

ii.  the aggregate of its gross revenue for that year and, where applicable, the amount by which the amount determined under subparagraph 2 of subparagraph i of this paragraph exceeds the amount determined under subparagraph 1 of that subparagraph;

(c)  (paragraph repealed);

(d)  where the corporation is a qualified corporation for the taxation year, any amount included by the corporation in that computation for the taxation year otherwise than under paragraph b.2 of subsection 1 of section 1136, to the extent that that amount is not otherwise deducted in that computation and is attributable to the eligible activities of a recognized business carried on by the corporation or by any partnership of which the corporation is a member, that are carried on during the base period applicable to the corporation or partnership, as the case may be, in respect of the eligible activities; and

(e)  where the corporation is a qualified corporation for the taxation year and the amount of the corporation’s deficit is less than the amount that would be the corporation’s deficit, but for the eligible activities of any recognized business carried on by the corporation or by any partnership of which the corporation is a member, that are carried on during the base period applicable to the corporation or partnership, as the case may be, in respect of the eligible activities, an amount equal to the amount by which the amount that would be the corporation’s deficit, if no reference were made to the eligible activities, exceeds the amount deducted by the corporation in computing its paid-up capital for the taxation year under paragraph a.

1972, c. 23, s. 850; 1979, c. 38, s. 27; 1986, c. 15, s. 201; 1990, c. 7, s. 211; 1995, c. 63, s. 242; 1997, c. 3, s. 71; 1997, c. 14, s. 274; 1997, c. 31, s. 137; 1997, c. 85, s. 311; 1999, c. 8, s. 20; 1999, c. 83, s. 257; 1999, c. 86, s. 92; 2000, c. 39, s. 249; 2001, c. 7, s. 166; 2001, c. 51, s. 222; 2002, c. 40, s. 313; 2003, c. 9, s. 421; 2004, c. 21, s. 489; 2005, c. 38, s. 316; 2006, c. 8, s. 31; 2006, c. 13, s. 216; 2009, c. 15, s. 435.

1137.0.0.1. An amount that a corporation may deduct in computing its paid-up capital under section 1137, otherwise than because of paragraph d or e of that section, does not include the portion of that amount attributable to eligible activities of a recognized business carried on by the corporation or any partnership of which the corporation is a member, carried out during the base period applicable to the corporation or the partnership in respect of those eligible activities.

1999, c. 86, s. 93; 2000, c. 39, s. 250; 2005, c. 38, s. 317.

1137.0.0.2. The amount referred to in paragraph b.1.2 of section 1137 for a taxation year in respect of a corporation is equal to the amount determined by the formula

A × [B − (C × B)].

In the formula provided for in the first paragraph,

(a)  A is

i.  where, in the taxation year, the corporation is not associated with any corporation other than a corporation referred to in the second paragraph of section 1135, 1,

ii.  where, in the taxation year, the corporation is associated with one or more corporations other than a corporation referred to in the second paragraph of section 1135, all the corporations that are associated with each other during the year have filed with the Minister an agreement in prescribed form whereby they attribute a deduction percentage to one or more of them for the year for the purposes of this section, and the deduction percentage or the total of deduction percentages so attributed, as the case may be, does not exceed 100%, the deduction percentage so attributed to the corporation for the year or, in the absence of such an attribution in its respect, zero, and

iii.  in any other case, zero;

(b)  B is

i.  where the taxation year is a 2003 taxation year that includes 31 December 2002, the proportion of $250,000 that the number of days in the taxation year after that date is of the number of days in the taxation year,

ii.  where the taxation year is a 2003 taxation year that does not include 31 December 2002, $250,000,

iii.  where the taxation year is a 2004 taxation year that includes 31 December 2003, the total of

(1)  the proportion of $250,000 that the number of days in the taxation year before 1 January 2004 is of the number of days in the taxation year, and

(2)  the proportion of $600,000 that the number of days in the taxation year after 31 December 2003 is of the number of days in the taxation year,

iv.  where the taxation year is a 2004 taxation year that does not include 31 December 2003, $600,000,

v.  where the taxation year is a 2005 taxation year that includes 31 December 2004, the total of

(1)  the proportion of $600,000 that the number of days in the taxation year before 1 January 2005 is of the number of days in the taxation year, and

(2)  the proportion of $1,000,000 that the number of days in the taxation year after 31 December 2004 is of the number of days in the taxation year, and

vi.  in any other case, $1,000,000; and

(c)  C is the proportion, expressed as a percentage not exceeding 100%, that the amount by which the paid-up capital attributed to the corporation for the taxation year exceeds the amount determined under subparagraph b in respect of the corporation for the taxation year is of three times that amount determined under subparagraph b.

For the purposes of subparagraph c of the second paragraph, the paid-up capital attributed to the corporation for a taxation year is equal to the aggregate of all amounts each of which is

(a)  the paid-up capital of the corporation determined without reference to section 1138.2.6 for the preceding taxation year, or, if the taxation year is the first fiscal period of the corporation, its paid-up capital determined without reference to paragraph b.1.2 of section 1137 and section 1138.2.6 on the basis of its financial statements at the beginning of that fiscal period; or

(b)  where, in the taxation year, the corporation is associated with another corporation, the paid-up capital of that other corporation determined without reference to section 1138.2.6 for its last taxation year that ended before the beginning of the taxation year of the corporation, or, if that other corporation has no such taxation year, its paid-up capital determined without reference to paragraph b.1.2 of section 1137 and section 1138.2.6 on the basis of its financial statements at the beginning of its first fiscal period.

For the purposes of subparagraph b of the third paragraph, where the other corporation referred to in that subparagraph is an insurer, within the meaning of the Act respecting insurance (chapter A-32), other than a corporation referred to in paragraph a of section 1132, its paid-up capital shall be established in accordance with Title II as if it were a bank and paragraph a of section 1140 were replaced by paragraph a of subsection 1 of section 1136.

2003, c. 9, s. 422; 2005, c. 23, s. 255; 2009, c. 15, s. 436; 2010, c. 25, s. 221.

1137.0.1. For the purposes of paragraph b.5 of section 1137, the following rules apply:

(a)  the gross revenue of a corporation for a taxation year from a mineral resource owned or operated by it includes its gross revenue for the year attributable to the processing, to any stage that is not beyond the prime metal stage or its equivalent, of ore, metals or minerals from that source, but does not include its gross revenue for the year attributable to processing beyond that stage; and

(b)  if a corporation is a member of a partnership, the gross revenue of the partnership from a mineral resource owned or operated by it and its gross revenue are deemed to constitute, respectively, a gross revenue of the corporation from a mineral resource owned or operated by it and a gross revenue of the corporation, in a proportion equal to the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the taxation year of the corporation, and are deemed not to constitute income for the partnership.

1999, c. 83, s. 258; 2009, c. 15, s. 437.

1137.1. For the purposes of paragraphs b.2 and b.2.1 of section 1137,

(a)  a certificate that is revoked by the Minister of Economic Development, Innovation and Export Trade is null from the time the revocation becomes effective;

(b)  an amount is deemed to be paid by a corporation at a particular time as a repayment of assistance where that amount

i.  reduced, because of subparagraph i of paragraph b.2 of section 1137 or subparagraph i of paragraph b.2.1 of that section, the amount deductible by a corporation in computing its paid-up capital for a taxation year,

ii.  was not received by the corporation, and

iii.  ceased at that particular time to be an amount that the corporation may reasonably expect to receive.

1997, c. 14, s. 275; 1999, c. 8, s. 20; 1999, c. 83, s. 259; 2003, c. 29, s. 135; 2006, c. 8, s. 31.

1137.1.1. Where a particular corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for a particular taxation year, government assistance or non-government assistance, attributable to an eligible vessel referred to in paragraph b.2 or b.2.1 of section 1137 that is owned by a partnership in which the particular corporation has an interest at the end of the fiscal period of the partnership ending in the particular year, the partnership is deemed, for the purposes of those paragraphs b.2 and b.2.1 and for the purpose of determining the amount the particular corporation is required to include in computing its paid-up capital, because of subsection 3 of section 1136, in respect of its interest in the partnership, to have received, to be entitled to receive or to reasonably expect to receive, at the end of that fiscal period, the assistance attributable to the eligible vessel in an amount equal to the product obtained by multiplying the amount of that assistance by the quotient obtained by dividing 1 by the proportion determined, pursuant to subsection 3 of that section 1136, in respect of the particular corporation, in relation to its interest in the partnership, for that particular year.

1999, c. 83, s. 260.

1137.2. A corporation may deduct, under paragraph b.3 of section 1137, an amount in computing its paid-up capital for a taxation year, in respect of property referred to in that paragraph b.3 that is described in subparagraph c of the first paragraph of section 1137.5 and that is acquired by the corporation for the carrying on of an activity described in subparagraph d of the second paragraph of that section, only if the corporation holds at the end of the year, in respect of that activity, a qualification certificate issued by Tourisme Québec certifying that the recreational facilities it operates are conducive to promoting tourism in Québec and if it encloses a copy of the qualification certificate with the fiscal return it is required to file for the year under section 1000, because of section 1145.

For the purposes of paragraph b.4 of section 1137, the following rules apply:

(a)  a corporation may deduct, under that paragraph b.4, an amount in computing its paid-up capital for a taxation year, in respect of property referred to in that paragraph b.4 that is described in subparagraph c of the first paragraph of section 1137.5 and that was acquired by the transferor referred to in that paragraph b.4 for the carrying on of an activity described in subparagraph d of the second paragraph of section 1137.5, only if the corporation encloses a copy of the qualification certificate issued by Tourisme Québec to the transferor in respect of that activity with the fiscal return it is required to file for the year under section 1000, because of section 1145; and

(b)  a corporation may deduct an amount, under that paragraph b.4, in respect of property referred to in that paragraph, in computing its paid-up capital for a particular taxation year only if the particular year is

i.  where the transferor’s taxation year that includes the time of the transfer referred to in that paragraph b.4 is the year in which it acquired the property, the corporation’s taxation year that includes the time of the transfer and the year following that year, or

ii.  where the transferor’s taxation year includes the time of the transfer referred to in that paragraph b.4, follows the year in which the transferor acquired the property, the corporation’s taxation year that includes the time of the transfer.

1997, c. 85, s. 312; 2003, c. 9, s. 423.

1137.3. Where, at a particular time, a corporation in a taxation year pays a particular amount, in relation to property, that may reasonably be considered to be the repayment of particular assistance that reduced, pursuant to paragraph b.3 or b.4 of section 1137, the amount that the corporation, or a corporation from which it acquired the property, was entitled to deduct, in respect of the property, in computing its paid-up capital under those paragraphs, the following rules apply:

(a)  the particular amount is deemed to have been incurred at that particular time by the corporation as costs, in the year in which it paid the particular amount, to acquire property described in the first paragraph of section 1137.5 which it owned at the end of the year;

(b)  the corporation may deduct the particular amount in computing its paid-up capital for a taxation year

i.  that is, where the particular assistance reduced an amount that could have been deducted, pursuant to paragraph b.3 or b.4 of section 1137, the taxation year in which the property was acquired by the corporation or, where paragraph b.4 applies, by the transferor referred to therein, the year in which it paid the particular amount or the year following that year, or

ii.  that is, where the assistance reduced an amount that could have been deducted, pursuant to paragraph b.3 or b.4 of section 1137, the taxation year following the year in which the property was acquired by the corporation or, where paragraph b.4 applies, by the transferor referred to therein, the year in which it pays the particular amount; and

(c)  the amount that the corporation deducts, for a particular taxation year, from its paid-up capital under subparagraph b is deemed to have been deducted by the corporation under paragraph b.3 of section 1137 in computing its paid-up capital for that particular year.

For the purposes of the first paragraph, an amount is deemed to be an amount paid, at a particular time, as repayment of assistance by a corporation, where

(a)  it reduced, because of paragraphs b.3 and b.4 of section 1137, the amount deductible by the corporation under either of those paragraphs in computing its paid-up capital for a taxation year;

(b)  it has not been received by the corporation; and

(c)  it ceased, at the particular time, to be an amount the corporation may reasonably expect to receive.

1997, c. 85, s. 312; 1999, c. 83, s. 261.

1137.4. Notwithstanding paragraphs b.3 and b.4 of section 1137, no deduction shall be made for a taxation year, in relation to property described in the first paragraph of section 1137.5, in respect of costs incurred to acquire the property, where

(a)  in the case where the property is described in subparagraph c of the first paragraph of section 1137.5 and was acquired in connection with an activity described in subparagraph d of the second paragraph of that section 1137.5, the qualification certificate issued by Tourisme Québec in respect of that activity is revoked on or before the filing-due date for that year of the purchaser of the property that is the owner of the property at the end of that year;

(b)  at any time before the day after the earlier of the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser or by a subsequent purchaser of the property that acquired the property in any of the circumstances described in section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1), and the filing-due date, for that taxation year, of the purchaser that is the owner of the property at the end of that year, the property ceases, otherwise than by reason of the loss or involuntary destruction of the property by fire, theft or water or of a major breakdown of the property, to be used solely in Québec to earn income for a business carried on

i.  by the first purchaser of the property and where that time is also in the portion of that period in which the first purchaser owns the property, or

ii.  by a subsequent purchaser of the property that acquired the property in any of the circumstances described in section 130R149 of the Regulation respecting the Taxation Act, and where that time also is in the portion of that period in which the subsequent purchaser owns the property.

Where the property is general-purpose electronic data processing equipment referred to in subparagraph b of the second paragraph of Class 12 of Schedule B to the Regulation respecting the Taxation Act and the property is installed in Québec, the word “solely” shall be replaced, in subparagraph b of the first paragraph, by the word “primarily”.

1997, c. 85, s. 312; 2001, c. 51, s. 223; 2003, c. 9, s. 424; 2009, c. 15, s. 438.

1137.5. The property to which paragraphs b.3 and b.4 of section 1137 refer is any property, other than property acquired pursuant to an obligation in writing entered into before 26 March 1997 or, where applicable, the construction of which, by or on behalf of the purchaser, had begun by 25 March 1997, that is acquired after 25 March 1997 and before 13 June 2003, or after 12 June 2003 and before 13 June 2004 if the property is acquired pursuant to an obligation in writing entered into before 13 June 2003 or, where applicable, if the construction of the property, by or on behalf of the purchaser, had begun before 13 June 2003, and that is

(a)  property referred to in subparagraph b of the second paragraph of Class 12 of Schedule B to the Regulation respecting the Taxation Act (chapter I-3, r. 1), if, before its acquisition, it was not used for any purpose or acquired to be used or leased for any purpose whatever;

(b)  a building situated in Québec or part of such a building in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly to manufacture or process items for sale or lease, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly to manufacture or process items for sale or lease;

(b.1)  a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the building or the part of the building, directly or indirectly, mainly in the processing of mineral ores recovered from a mineral resource that is located in a country other than Canada;

(c)  equipment or a building situated in Québec or part of such a building, in respect of which an amount would be included, but for section 93.6, in computing the undepreciated capital cost of the depreciable property of a prescribed class, if the equipment or building or the part of the building, before its acquisition, was not used for any purpose or acquired to be used or leased for any purpose whatever, and

i.  is used by the purchaser, directly or indirectly, mainly as part of an activity described in the second paragraph, or is intended to be so used, or

ii.  is leased in the normal course of carrying on the business of the purchaser to a lessee who may reasonably be considered to be using, or who may reasonably be expected to use, the equipment or building or the part of the building, directly or indirectly, mainly as part of an activity described in the second paragraph.

An activity referred to in any of the subparagraphs of subparagraph c of the first paragraph is

(a)  the operation of a tourist accommodation establishment, within the meaning of the regulations under the Act respecting Tourist Accommodation Establishments (chapter E-14.2), situated in Québec, with the exception of an educational institution, within the meaning of those regulations;

(b)  the carrying on in Québec, for recreational purposes, of a business consisting in renting boats, airplanes or vehicles other than automobiles;

(c)  the carrying on of a business consisting in offering holiday packages in Québec, including lodging and transportation in Québec as well as related recreational activities; or

(d)  the carrying on of recreational activities in Québec in respect of which Tourisme Québec has issued a qualification certificate certifying that the recreational facilities are conducive to promoting tourism in Québec, except the following facilities:

i.  a cinema or a drive-in,

ii.  an amusement arcade,

iii.  a bowling alley,

iv.  a skating rink,

v.  a sports club,

vi.  a pool,

vii.  a bingo hall,

viii.  a casino,

ix.  a community centre,

x.  a playground,

xi.  a private club.

1997, c. 85, s. 312; 1999, c. 83, s. 262; 2000, c. 39, s. 251; 2001, c. 51, s. 224; 2003, c. 9, s. 425; 2004, c. 21, s. 490; 2005, c. 23, s. 256; 2006, c. 13, s. 217.

1137.6. Where a particular corporation has received, is entitled to receive or may reasonably expect to receive, on or before its filing-due date for a particular taxation year, government assistance or non-government assistance, attributable to particular property referred to in paragraph b.3 or b.4 of section 1137 and that is owned by a partnership in which the particular corporation has an interest at the end of the fiscal period of the partnership ending in the particular year, the partnership is deemed, for the purposes of those paragraphs b.3 and b.4 and for the purpose of determining the amount the particular corporation is required to include in computing its paid-up capital, because of subsection 3 of section 1136, in respect of its interest in the partnership, to have received, to be entitled to receive or to reasonably expect to receive, at the end of that fiscal period, the assistance attributable to the particular property in an amount equal to the product obtained by multiplying the amount of that assistance by the quotient obtained by dividing 1 by the proportion determined, pursuant to subsection 3 of that section 1136, in respect of the particular corporation, in relation to its interest in the partnership, for that particular year.

1997, c. 85, s. 312.

1137.7. Subject to any special provision of this Part, where, in respect of particular costs, an amount is deducted under any of paragraphs b.2 to b.4 of section 1137, by a corporation in computing its paid-up capital for a taxation year, no other deduction may be made by the corporation, for any taxation year under any other of those paragraphs, in respect of all or part of a cost or expenditure, included in the particular costs.

1997, c. 85, s. 312.

1137.8. For the purposes of this Part, where, at any time after 11 June 2003, control of a corporation that is a member of a partnership that carries on, at that time, a recognized business is acquired by a person or group of persons, the definition of “base period” in section 1130 shall be read as follows:

““base period” means a base period within the meaning that would be assigned by section 737.18.6 if subparagraph b of the first paragraph of section 737.18.9.2 were read as follows:

“(b) where the recognized business is carried on by the partnership, the base period applicable to the partnership, in respect of the eligible activities of the recognized business, is deemed, for the purpose of computing the amount of tax payable under Part IV by the corporation for the taxation year that includes that time and for a subsequent taxation year, to end at that time.”;”.

However, the first paragraph does not apply if the acquisition of control

(a)  occurs before 1 July 2004 and Investissement Québec certifies that it results from a transaction that was sufficiently advanced on 11 June 2003 and was binding on the parties on that date;

(b)  is by a corporation carrying on at that time a recognized business, by a person or group of persons that controls such a corporation, or by a group of persons each member of which is such a corporation or a person who, alone or together with other members of the group, controls such a corporation;

(c)  derives from the exercise after 11 June 2003 of one or more rights described in paragraph b of section 20 that were acquired before 12 June 2003; or

(d)  derives from the performance after 11 June 2003 of one or more obligations described in the third paragraph of section 21.3.5 that were contracted before 12 June 2003.

Sections 21.2 to 21.3.3 and 21.4 to 21.4.1 apply, with the necessary modifications, to this section.

2004, c. 21, s. 491; 2005, c. 23, s. 257; 2006, c. 13, s. 218.

1138. (1)  The paid-up capital of a corporation computed after the application of sections 1136 and 1137 shall be reduced in the proportion that the aggregate of the following value and amounts is of the total of its assets:

(a)  the value of its investments in shares and bonds of other corporations;

(a.1)  the value of its investments in permanent shares of a savings and credit union and any participating interest in the nature of a permanent share of a savings and credit union;

(b)  the amount of loans and advances to other corporations;

(c)  the amounts of the loans and advances to a partnership or joint venture, to the extent that the amounts of the loans or advances are included in computing the paid-up capital of a corporation that has an interest in the partnership or joint venture;

(d)  the amounts of the bankers’ acceptances and other similar securities accepted by a bank or any other person which are assets thereof, to the extent that such acceptances and other securities are for the benefit of a corporation;

(d.1)  the amount of debts resulting from the selling of property or the provision of services to another corporation, where those debts are secured, in whole or in part, by a property of that other corporation;

(d.2)  except where they are described in any of paragraphs a to d.1 or would be described therein but for subsections 2 to 2.1.3, the amount of debts that are owed

i.  by another corporation, except a corporation referred to in paragraph a of section 1132, and that are secured, in whole or in part, by a property of that other corporation or have been in existence for more than six months, or

ii.  by a loan corporation, a trust corporation or a corporation trading in securities, to which the corporation is related;

(e)  the amount referred to in section 1138.4.

(1.1)  For the purposes of subsection 1, the value of a share is deemed equal to its cost where the amount included in the assets is less than that cost; in such a case, the amount by which the cost exceeds that amount must be included in the paid-up capital of the corporation if it is not already included therein under section 1136.

(2)  The following are deemed not to be loans and advances to other corporations:

(a)  (paragraph repealed);

(b)  amounts receivable by a subsidiary from its parent corporation whose head office is outside Canada;

(c)  (paragraph repealed).

(2.0.1)  (Subsection repealed).

(2.1)  (Subsection repealed).

(2.1.0.1)  For the purposes of this section,

(a)  a debt that, but for this subparagraph, would be a loan or an advance to a corporation, a partnership or a joint venture, is deemed not to be such a loan or such an advance, in a taxation year, where it has been substituted for a debt that was not, immediately before the substitution, such a loan or such an advance and where, in that year, the creditor and the debtor of the debt are associated corporations, in the case where the creditor and the debtor are corporations, or do not deal at arm’s length, in the other cases;

(b)  a debt that, but for this paragraph, would be a loan or an advance is deemed not to be such a loan or such an advance, in a taxation year, where

i.  the debt was acquired, in the year or in a preceding taxation year, by a person, a partnership or a joint venture, called “acquirer” in this paragraph, from a person, partnership or joint venture, called “assignor” in this paragraph, and the acquirer and assignor are associated at the time of the acquisition, in the case where the acquirer and the assignor are corporations, or do not deal at arm’s length at that time, in the other cases,

ii.  the debt is a debt that, before its disposition by the assignor, was substituted for a debt that was not, immediately before the substitution, a loan or an advance to a corporation, a partnership or a joint venture and in respect of which, at the time of the substitution, the creditor and debtor were associated corporations, in the case where the creditor and the debtor are corporations, or did not deal at arm’s length, in the other cases, and

iii.  in the taxation year, the acquirer and debtor are associated corporations, in the case where the acquirer and the debtor are corporations, or do not deal at arm’s length in the other cases.

(2.1.0.2)  For the purposes of this subsection and subsection 2.1.0.1,

(a)  where an acquirer, within the meaning of subparagraph i of paragraph b of subsection 2.1.0.1, acquires a debt from a particular assignor that is an assignor within the meaning of that subparagraph i and had itself acquired the debt from another such assignor to which it was associated, in the case where the assignors are corporations, or with which it did not deal at arm’s length, in the other cases, the acquirer is deemed to acquire the debt from the other assignor at the time at which the particular assignor had acquired the debt from the other assignor and to be associated at that time with the other assignor, in the case where the acquirer and the other assignor are corporations, or not to deal at arm’s length at that time with the other assignor, in the other cases;

(b)  (paragraph repealed);

(c)  to determine whether a partnership or a joint venture does not, at a particular time, deal at arm’s length with a person, another partnership or another joint venture, each partnership or joint venture is deemed to be, at that particular time and for the purposes of sections 17 to 21, a person.

(2.1.1)  Bankers’ acceptances and other similar securities the drawer of which is a corporation authorized to receive deposits of money and not referred to in subparagraph ii of paragraph d.2 of subsection 1 are deemed not to be bankers’ acceptances or other similar securities referred to in subsection 1.

(2.1.1.1)  For the purposes of subsection 1, an investment in bonds of another corporation, a loan or advance to another corporation, a banker’s acceptance and a similar security for the benefit of another corporation or a debt described in paragraph d.1 of that subsection 1 that is owed by another corporation is deemed not to be such property where the other corporation is a corporation referred to in paragraph a of section 1132 that is not related to the corporation, except where that property is included in the long-term debt of the other corporation or is, where that other corporation is a corporation trading in securities, a subordinated loan or another debt of that corporation whose repayment is subject to the prior approval of an agency empowered to regulate trading in securities.

(2.1.2)  For the purposes of subsection 1, an investment in shares of a bank or a particular corporation related to a bank or a savings and credit union, a loan or an advance to such a particular corporation, an investment in bonds of another corporation, a property described in paragraph a.1 of subsection 1, a property described in paragraph b or c of that subsection that is a commercial paper, a property described in that paragraph c that is an investment in bonds of a partnership or a property described in any of paragraphs d to d.2 of that subsection, is deemed not to be such a property if it was not held without interruption by the corporation throughout a 120-day period that includes the date of the end of its taxation year.

(2.1.2.1)  For the purposes of paragraphs d.1 and d.2 of subsection 1, a debt referred to in any of those paragraphs, that is owed by a corporation, is deemed not to be such property where it is a debt that has been owed by that corporation for six months or less and that is a trade account receivable as consideration for the disposition of a property or the provision of a service, or a tax receivable in relation to the disposition of a property or the provision of a service where the disposition or provision gave rise to a trade account receivable or would give rise to a trade account receivable if the consideration for the disposition or provision were unpaid.

(2.1.2.2)  For the purposes of subsection 1, the amount of the debts referred to in paragraphs d.1 and d.2 of that subsection must be reduced by the part, attributable to those debts, of the reserve for doubtful debts that is deducted, in accordance with subsection 3, in computing the amount of the assets of the corporation.

(2.1.2.3)  For the purposes of subsection 1 and despite section 1.7, a reference to another corporation in subsection 1 is deemed not to be a reference to a government of a country, province, state or to another political subdivision of a country, other than a municipality or municipal body performing government functions.

(2.1.3)  For the purposes of paragraph d.1 of subsection 1, a debt resulting from the selling of property or the provision of services to another corporation is deemed not to be such a debt where that other corporation is

(a)  a corporation authorized to receive deposits of money and not referred to in subparagraph ii of paragraph d.2 of subsection 1; or

(b)  a corporation that is the parent corporation of the corporation and whose head office is outside Canada.

(2.1.4)  For the purposes of subsection 2.1.2, the particular corporation referred to in that subsection is deemed not to be related to a bank or savings and credit union in respect of an investment by another corporation in shares of the particular corporation or a loan or an advance by that other corporation to the particular corporation, if the particular corporation is not related to the bank or the savings and credit union at any time during the period the other corporation holds the investment or is the creditor of the loan or the advance.

(2.2)  No reduction of the paid-up capital shall be permitted under subsection 1 in respect of a loan, an advance, a debt described in paragraph d.2 of that subsection, or a banker’s acceptance or a similar security if it is established that the loan, advance, debt or banker’s acceptance or security was made or issued as part of a series of loans, advances, such debts or banker’s acceptances or similar securities and repayments or transactions with a view to unduly reducing the paid-up capital.

(3)  The amount of the assets of a corporation is that shown in the corporation’s financial statements, after deduction of the provisions and reserves for amortization or depletion, of the reserve for doubtful debts provided it was deducted in computing income under Part I, and of any amount deducted in computing the corporation’s paid-up capital under any of paragraphs b, b.1 and b.1.1 of section 1137, to which is added

(a)  any amount having reduced the amount of the assets that must be included in the paid-up capital, and

(b)  the amount of the assets of a partnership or a joint venture in the proportion that the share of that corporation of the income or loss of the partnership or the joint venture is of the income or loss of the partnership or the joint venture, on the assumption that, if the income and loss of the partnership or joint venture for a fiscal period are nil, the income of the partnership or joint venture for that fiscal period is equal to $1,000,000, reduced by the amount of the interest of the corporation in the partnership or joint venture shown as an asset in its financial statements.

(3.1)  For the purposes of subsection 3, a corporation

(a)  may deduct, in computing the amount of its assets,

i.  an amount shown in its financial statements resulting from a transaction between a partnership or a joint venture and its members, except to the extent that the transaction increased the amount of the corporation’s interest in the partnership or joint venture, shown as an asset in its financial statements, and

ii.  the amount of the share of the unallocated deficit of a partnership that the corporation deducted in computing its paid-up capital in accordance with subparagraph b of the second paragraph of subsection 3 of section 1136; and

(b)  shall include in computing the amount of its assets the amount of the share of the retained profits of a partnership that the corporation included in computing its paid-up capital in accordance with subparagraph a of the second paragraph of subsection 3 of section 1136.

(4)  For the purposes of paragraph b of subsection 3, a corporation shall not include in computing the amount of its assets any amount shown in the financial statements of the partnership or joint venture resulting from an operation between the partnership or joint venture and its members.

(5)  (Subsection repealed).

1972, c. 23, s. 851; 1979, c. 38, s. 27; 1980, c. 13, s. 110; 1986, c. 15, s. 202; 1986, c. 19, s. 206; 1987, c. 67, s. 200; 1990, c. 7, s. 212; 1991, c. 8, s. 99; 1993, c. 19, s. 146; 1993, c. 64, s. 194; 1995, c. 1, s. 194; 1995, c. 63, s. 243; 1997, c. 3, s. 71; 1997, c. 14, s. 276; 1997, c. 85, s. 313; 1999, c. 83, s. 263; 2000, c. 39, s. 252; 2001, c. 51, s. 225; 2002, c. 40, s. 314; 2003, c. 9, s. 426; 2005, c. 23, s. 258; 2005, c. 38, s. 318; 2006, c. 13, s. 219; 2009, c. 5, s. 557.

1138.0.0.1. (Repealed).

1997, c. 85, s. 314; 1999, c. 83, s. 264.

1138.0.0.2. (Repealed).

1997, c. 85, s. 314; 1999, c. 83, s. 265.

1138.0.1. A qualified corporation, within the meaning of sections 771.5 to 771.7, for a taxation year may deduct, if it is not described in section 1138.1, in computing its paid-up capital for the year, after the application of section 1138, an amount equal to 75% of the lesser of

(a)  its paid-up capital for the year, computed after the application of section 1138, minus the amount that, where applicable, could be deducted from the paid-up capital of the corporation for the year under section 1138.2.5 if “75% of the amount” in the first paragraph of section 57 of the Act respecting international financial centres (chapter C-8.3) were replaced by “the amount”; and

(b)  $3,000,000.

Notwithstanding the first paragraph, the amount deductible by such a corporation in computing its paid-up capital under this section, for its taxation year that includes the last day of its exemption period, within the meaning of the first paragraph of section 771.1, is equal to such proportion of the amount that, but for this paragraph, would be determined under the first paragraph that the number of days in the year included in that exemption period is of the number of days in the year.

1987, c. 21, s. 91; 1993, c. 64, s. 195; 1995, c. 63, s. 244; 1997, c. 3, s. 71; 1997, c. 85, s. 315; 2000, c. 39, s. 253; 2004, c. 21, s. 492; 2005, c. 38, s. 319; 2009, c. 5, s. 558.

1138.1. Every farming corporation or every corporation whose activities consist mainly in carrying on a fishing business may deduct $5,000,000 in computing its paid-up capital, following the application of section 1138.

However, if the corporation is associated in a taxation year with one or several other corporations referred to in the first paragraph, the amount it may deduct for the year under this section is equal to the product obtained by multiplying $5,000,000 by

(a)  if all the corporations associated with each other during the year have filed with the Minister an agreement in the prescribed form whereby they attribute a deduction percentage to one or more of them for the year for the purposes of this section, and the deduction percentage or the total of deduction percentages so attributed, as the case may be, does not exceed 100%, the deduction percentage so attributed to the corporation for the year or, in the absence of such an attribution in its respect, zero; and

(b)  in any other case, zero.

Where two corporations are deemed, under section 21.21, to be associated with each other at any time by reason that they are associated, or deemed to be associated under that section, at that time with the same corporation, in this paragraph referred to as the “third corporation”, the following rules apply if the third corporation so elects in prescribed form for its taxation year that includes that time:

(a)  for the purpose of determining whether, for the purposes of this section, the two corporations are deemed to be associated with each other under section 21.21, the third corporation is deemed not to be associated with either of those two corporations in that taxation year; and

(b)  the amount that the third corporation may deduct for that taxation year under this section is nil.

1986, c. 15, s. 203; 1987, c. 21, s. 92; 1989, c. 5, s. 238; 1995, c. 63, s. 245; 1997, c. 3, s. 71; 2003, c. 9, s. 427; 2009, c. 5, s. 559.

1138.2. (Repealed).

1987, c. 21, s. 92; 1997, c. 3, s. 71; 2003, c. 9, s. 428.

1138.2.1. The paid-up capital, for a taxation year, of a corporation that is an exempt corporation for the year, within the meaning of sections 771.12 and 771.13, shall be reduced by the amount determined by the formula

A × B × C.

In the formula in the first paragraph,

(a)  A is,

i.  if the corporation’s taxation year includes the first or last day of its eligibility period, within the meaning of section 771.1, or part of the year is excluded from that eligibility period because of the application of the fourth paragraph of section 771.1, the proportion that the number of days in the year included in that eligibility period is of the number of days in the year, and

ii.  in any other case, 1;

(b)  B is

i.  75%, if the corporation is referred to in subparagraph iii of paragraph a of section 771.12 and any of the conditions mentioned in subparagraphs 1 and 2 of subparagraph i of subparagraph b of the second paragraph of section 771.8.5 is met in its respect, and

ii.  100%, in any other case; and

(c)  C is the corporation’s paid-up capital for that year, computed before the application of this section.

1997, c. 85, s. 316; 1999, c. 83, s. 266; 2000, c. 39, s. 254; 2005, c. 23, s. 259; 2007, c. 12, s. 287.

1138.2.2. A corporation that carries on, in a taxation year, a recognized business in connection with which a major investment project was carried out or is in the process of being carried out, or is a member of a partnership that carries on, in a fiscal period of the partnership that ends in the year, such a recognized business, may deduct from its paid-up capital otherwise determined for the year under this Title, the aggregate of all amounts each of which is, in relation to a particular major investment project of the corporation or partnership, the proportion of the amount that would be the corporation’s paid-up capital otherwise determined for the year under this Title if such capital were established on the sole basis of the financial statements referred to in subparagraph c or d of the second paragraph in relation to the particular major investment project, that the number of days in the eligibility period of the corporation for the year or of the partnership for the fiscal period, as the case may be, in relation to the particular major investment project, is of the number of days in the taxation year or fiscal period, as the case may be.

However, a deduction is allowed under the first paragraph for a taxation year in respect of a major investment project of the corporation or partnership, only if the corporation encloses, with its fiscal return it is required to file under section 1000 for the year, the following documents:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked initial qualification certificate issued to the corporation or partnership in relation to the major investment project, and of any valid annual qualification certificate for the taxation year of the corporation or the fiscal period of the partnership issued in relation to the major investment project;

(c)  where the recognized business is carried on by the corporation, the financial statements of the corporation prepared in accordance with generally accepted accounting principles but pertaining only to the eligible activities of the corporation, in relation to the major investment project, and, if applicable, the financial statements of a joint venture in which the corporation has an interest, prepared in accordance with those principles but pertaining only to the activities carried on by the joint venture that would be eligible activities of a corporation, in relation to the major investment project, if the joint venture were a corporation; and

(d)  where the recognized business is carried on by the partnership,

i.  the financial statements of the partnership prepared in accordance with generally accepted accounting principles but pertaining only to the eligible activities of the partnership, in relation to the major investment project,

ii.  if applicable, the financial statements of a joint venture in which the partnership has an interest, prepared in accordance with generally accepted accounting principles but pertaining only to the activities carried on by the joint venture that would be eligible activities of a partnership, in relation to the major investment project, if the joint venture were a partnership, and

iii.  the financial statements of the corporation prepared in accordance with generally accepted accounting principles but pertaining only to the elements attributable to the eligible activities of the partnership, in relation to the major investment project, and, where applicable, only to the elements attributable to the activities referred to in subparagraph ii.

For the purposes of subparagraph b of the second paragraph, where, at any time, a corporation or partnership acquires from another corporation or partnership all or substantially all of a recognized business, and the Minister of Finance previously authorized the acquisition for the purposes of this Book, the initial qualification certificate issued to the other corporation or partnership, in relation to the major investment project, is deemed to have been issued, from that time, to the corporation or partnership, as the case may be.

The amounts reported in the financial statements referred to in subparagraph c or d of the second paragraph of the corporation, partnership or joint venture must be the same as the amounts that, in respect of eligible activities, activities or elements attributable to eligible activities or activities referred to in that subparagraph, were taken into account in determining the amounts reported in the financial statements of the corporation, partnership or joint venture, as the case may be, otherwise prepared under this Part.

2002, c. 9, s. 131; 2009, c. 5, s. 560.

1138.2.2.1. For the purpose of determining the amount that a corporation may deduct, under section 1138.2.2, from its paid-up capital otherwise determined for a taxation year under this Title, the following rules apply if one or more other partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between that corporation and a given partnership that carries on a recognized business referred to in that section in any fiscal period of the given partnership:

(a)  the corporation is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the corporation’s taxation year in which ends the fiscal period of the interposed partnership of which it is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the corporation is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s fiscal period in which the particular fiscal period ends; and

(b)  subparagraph iii of subparagraph d of the second paragraph of section 1138.2.2 is to be read as if “the financial statements of the corporation” was replaced by “the financial statements of the corporation and of any other partnership of which the corporation is a member, or deemed to be a member under paragraph a of section 1138.2.2.1,”.

2009, c. 15, s. 439.

1138.2.2.2. Section 1138.2.2.1 does not apply in respect of a corporation, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the corporation and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the corporation to be able to deduct, under section 1138.2.2, from its paid-up capital otherwise determined for a taxation year under this Title, an amount greater than the amount that the corporation could have so deducted for that taxation year, but for that interposition.

2009, c. 15, s. 439.

1138.2.3. A corporation that is a qualified corporation for the year, for the purposes of Title VII.2.4 of Book IV of Part I, may deduct from its paid-up capital otherwise determined for the year under this Title an amount equal to the lesser of the amount determined under section 1138.2.3.1 in respect of the corporation for the year and the amount determined by the formula

(75% × A) × {1 - [(B - $20,000,000)/$10,000,000]} × (1 - C).

In the formula provided for in the first paragraph,

(a)  A is the proportion of the paid-up capital of the corporation for the year, computed before the application of this section, that the number of days in the year that are within the exemption period applicable to the corporation, within the meaning of the first paragraph of section 737.18.18, is of the number of days in the year;

(b)  B is the greater of $20,000,000 and the paid-up capital attributed to the corporation for the year determined in accordance with section 737.18.24; and

(c)  C is the corporation’s reduction factor for the year, within the meaning assigned by the first paragraph of section 737.18.18.

A corporation may deduct an amount of its paid-up capital, under the first paragraph, for a taxation year only if

(a)  it encloses the prescribed form containing prescribed information and a copy of the qualification certificate issued to it for the year by Investissement Québec for the purposes of Title VII.2.4 of Book IV of Part I with the fiscal return it is required to file for the year under section 1000; and

(b)  where, for the purposes of section 1138.0.1, it would be a qualified corporation, within the meaning of sections 771.5 to 771.7 if that section 771.5 were read without reference to paragraph e thereof, it elected irrevocably, in prescribed form, not to be considered as such a qualified corporation.

2002, c. 40, s. 315; 2004, c. 21, s. 493; 2009, c. 5, s. 561; 2010, c. 25, s. 222.

1138.2.3.1. The amount to which the first paragraph of section 1138.2.3 refers in respect of a corporation for a taxation year is equal to the product obtained by multiplying the balance of the corporation’s tax assistance limit for the year by the reciprocal of the proportion that is the percentage determined in respect of the corporation for the year under section 1132.5 and, if the corporation has an establishment situated outside Québec, by the reciprocal of the proportion that the corporation’s business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under section 1133.

For the purposes of the first paragraph, the balance of a corporation’s tax assistance limit for a taxation year is equal to the amount by which its tax assistance limit for the year, determined under section 1029.8.36.72.82.1.1, exceeds the aggregate of

(a)  the aggregate of the following amounts that is multiplied, if the corporation has an establishment situated outside Québec, by the proportion that its business carried on in Québec is of the aggregate of its business carried on in Canada or in Québec and elsewhere, as determined under subsection 2 of section 771:

i.  8% of the lesser of the amount the corporation deducts in computing its taxable income for the year under section 737.18.26 and the amount by which the amount that would be determined in its respect for the year under section 771.2.1.2 if no reference were made to section 771.2.6 and if, for the purposes of paragraph b of section 771.2.1.2, its taxable income for the year were computed without reference to section 737.18.26, exceeds the amount that would be determined in its respect for the year under section 771.2.1.2 if the corporation were to deduct, in computing its taxable income, all of the amount that, but for section 737.18.26.1, would be determined under section 737.18.26, and

ii.  11.9% of the amount by which the amount that the corporation deducts in computing its taxable income for the year under section 737.18.26 exceeds the excess amount determined in subparagraph i;

(b)  the amount that the corporation is deemed to have paid to the Minister for the year under subparagraph a.1 of the first paragraph of section 1029.8.36.72.82.3.2 or 1029.8.36.72.82.3.3; and

(c)  the amount that would be payable by the corporation as the contribution provided for in section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of the aggregate of all amounts each of which is an amount, representing a proportion of wages paid or deemed to be paid in the year, for which no contribution is payable by the corporation under the sixth paragraph of section 34 of that Act.

2010, c. 25, s. 223.

1138.2.4. A corporation that is a qualified corporation for a taxation year, for the purposes of Title VII.2.6 of Book IV of Part I, may deduct from its paid-up capital otherwise determined for the year under this Title, an amount equal to 75% of the aggregate of all amounts each of which is, in relation to a recognized business of the corporation, the proportion of the amount that would be the corporation’s paid-up capital otherwise determined for the year under this Title if such capital were established on the sole basis of the financial statements referred to in subparagraph b of the second paragraph in relation to the recognized business, that the number of days in the year that are in the exemption period applicable to the corporation is of the number of days in the year.

However, a deduction is allowed under the first paragraph for a taxation year in respect of a recognized business of the corporation only if the corporation encloses, with the fiscal return it is required to file under section 1000 for the year, the following documents:

(a)  the prescribed form containing the prescribed information; and

(b)  the financial statements of the corporation prepared in accordance with generally accepted accounting principles but pertaining only to the eligible activities of the corporation’s recognized business.

The amounts reported in the financial statements of the corporation, referred to in subparagraph b of the second paragraph, must be the same as the amounts that, in respect of eligible activities referred to in that subparagraph, were taken into account in determining the amounts reported in the financial statements of the corporation, otherwise prepared under this Part.

2003, c. 9, s. 429; 2004, c. 21, s. 494.

1138.2.5. A corporation may deduct from its paid-up capital otherwise determined for a taxation year under this Title the amount provided for in its respect for the year in section 57 of the Act respecting international financial centres (chapter C-8.3).

2005, c. 38, s. 320.

1138.2.6. A manufacturing corporation for a taxation year may deduct from its paid-up capital otherwise determined for the year under this Title, an amount equal to

(a)  if the proportion of the manufacturing or processing activities of the corporation for the year is at least 50%, the corporation’s paid-up capital for the year, determined before the application of this section; and

(b)  if the proportion of the manufacturing or processing activities of the corporation for the year is less than 50%, the amount determined by the formula

A × (B - 20%)/30%.

In the formula in subparagraph b of the first paragraph,

(a)  A is the corporation’s paid-up capital for the year, determined before the application of this section; and

(b)  B is the proportion of the manufacturing or processing activities of the corporation for the year.

Any amount otherwise deductible in computing the corporation’s paid-up capital for the year under this Title, after the application of section 1138, is to be determined without reference to this section.

2009, c. 15, s. 440.

1138.3. (Repealed).

1990, c. 7, s. 213; 1995, c. 63, s. 246; 1997, c. 3, s. 71; 1997, c. 14, s. 277.

1138.4. The amount to which subsection 1 of section 1138 refers is, in respect of a corporation that throughout a taxation year was not resident in Canada, equal to the value, for that year, of property that is a ship or aircraft operated by the corporation in international traffic, within the meaning of section 1, or is movable property used in its business of transporting persons or goods by ship or aircraft in international traffic, where the property is used by the corporation in, or held by it in the year in the course of, carrying on any business during the year through an establishment in Canada.

However, the reduction provided for in subsection 1 of section 1138 shall apply in respect of the amount referred to in the first paragraph only if the country in which the corporation is resident imposed neither a capital tax for the year on similar property nor a tax for the year on the income from the operation of a ship or aircraft in international traffic, of any corporation resident in Canada during the year.

1993, c. 19, s. 147; 1997, c. 3, s. 71; 2001, c. 7, s. 167.

1139. (Repealed).

1972, c. 23, s. 852; 1979, c. 38, s. 27; 1980, c. 13, s. 111.

TITLE II BANKS, SAVINGS AND CREDIT UNIONS, LOAN CORPORATIONS, TRUST CORPORATIONS AND CORPORATIONS TRADING IN SECURITIES

1979, c. 38, s. 27; 1980, c. 13, s. 112; 1997, c. 3, s. 71; 1997, c. 14, s. 278.

1140. In this Part, the paid-up capital of a bank, other than an authorized foreign bank, includes

(a)  the paid-up capital stock;

(b)  the general reserve and the other reserves and provisions, except those for amortization or depletion, those that are permitted by Part I to the extent that they were deducted in computing income under that Part and those for losses, in respect of a contract of lease or of leasing, that a bank carrying on lease or leasing activities cannot deduct in computing its income under that Part;

(b.1)  the future tax liabilities;

(c)  the surpluses and the undivided profits;

(d)  long-term debt.

1972, c. 23, s. 853; 1979, c. 38, s. 27; 1980, c. 13, s. 113; 1984, c. 35, s. 33; 1991, c. 8, s. 100; 1995, c. 63, s. 247; 2000, c. 39, s. 255; 2002, c. 40, s. 316; 2004, c. 8, s. 207.

1140.1. In this Part, the paid-up capital of an authorized foreign bank for a taxation year is equal to the aggregate of

(a)  10% of the aggregate of all amounts, each of which is the risk-weighted amount at the end of the year of an on-balance sheet asset of the bank or of an off-balance sheet exposure of the bank in respect of its Canadian banking business that the bank would be required to report under the OSFI risk-weighting guidelines if those guidelines applied and required a report at that time; and

(b)  the aggregate of all amounts, each of which is an amount at the end of the year in respect of the bank’s Canadian banking business that

i.  if the bank were a bank listed in Schedule II to the Bank Act (Statutes of Canada, 1991, chapter 46), would be required under the risk-based capital adequacy guidelines issued by the Superintendent of Financial Institutions of Canada and applicable at that time to be deducted from the bank’s capital in determining the amount of capital available to satisfy the Superintendent’s requirement that capital equal a particular proportion of risk-weighted assets and exposures, and

ii.  is not an amount in respect of a loss protection facility required to be deducted from capital under the guidelines of the Superintendent of Financial Institutions of Canada respecting asset securitization applicable at that time.

2004, c. 8, s. 208.

1141. In this Part, the paid-up capital of a loan corporation or a trust corporation includes

(a)  the paid-up capital stock;

(b)  the general reserve and the other reserves and provisions, except those for amortization or depletion, those that are permitted by Part I to the extent that they were deducted in computing income under that Part and those for losses, in respect of a contract of lease or of leasing, that a loan company or a trust company carrying on lease or leasing activities cannot deduct in computing its income under that Part;

(b.1)  the future tax liabilities;

(c)  the surplus;

(d)  long-term debt;

(e)  any other debt owing to a corporation to which the corporation is related, other than a corporation referred to in paragraph a of section 1132, except a debt contracted or assumed by the corporation within the preceding six months and that is a trade account payable as consideration for the acquisition of a good or the provision of a service, or a tax payable in connection with the acquisition of a good or the provision of a service where the acquisition or provision gave rise to a trade account payable or would give rise to a trade account payable if the consideration for the acquisition or provision were unpaid.

1972, c. 23, s. 854; 1979, c. 38, s. 27; 1980, c. 13, s. 113; 1991, c. 8, s. 101; 1995, c. 63, s. 248; 1997, c. 3, s. 71; 2000, c. 39, s. 256; 2002, c. 40, s. 317.

1141.1. In this Part, the paid-up capital of a corporation trading in securities includes

(a)  the paid-up capital stock;

(b)  the general reserve and the other reserves and provisions, except those for amortization or depletion, those that are permitted by Part I to the extent that they were deducted in computing income under that Part and those for losses, in respect of a contract of lease or of leasing, that a corporation trading in securities carrying on lease or leasing activities cannot deduct in computing its income under that Part;

(b.1)  the future tax liabilities;

(c)  the subordinated loans and the other debts whose repayment is subject to the prior approval of an agency empowered to regulate trading in securities;

(d)  the surplus;

(e)  long-term debt;

(f)  any other debt owing to a corporation to which the corporation is related, other than a corporation referred to in paragraph a of section 1132, except a debt contracted or assumed by the corporation within the preceding six months and that is a trade account payable as consideration for the acquisition of a good or the provision of a service, or a tax payable in connection with the acquisition of a good or the provision of a service where the acquisition or provision gave rise to a trade account payable or would give rise to a trade account payable if the consideration for the acquisition or provision were unpaid.

1980, c. 13, s. 113; 1991, c. 8, s. 102; 1995, c. 63, s. 249; 1997, c. 3, s. 71; 2000, c. 39, s. 257; 2002, c. 40, s. 318.

1141.1.0.1. For the purposes of sections 1141 and 1141.1, a debt repaid before the end of the taxation year is deemed to be a debt at the end of that year if it is established that the repayment was made as part of a series of loans and repayments with a view to unduly reducing the paid-up capital.

2002, c. 40, s. 319.

1141.1.1. A corporation referred to in any of sections 1140, 1141 and 1141.1 shall also, in computing its paid-up capital for a taxation year, include an amount equal to 50% of the total of all amounts each of which is

(a)  the value at the end of the year of an asset of the corporation, other than property held by the corporation primarily for the purpose of resale that was acquired by the corporation in the year or the preceding taxation year, as a consequence of another person’s default, or anticipated default, in respect of a debt owed to the corporation, that is corporeal property; and

(b)  the corporation’s share, in respect of a partnership of which the corporation is a member at the end of the year, of the value of an asset of the partnership, at the end of the partnership’s last fiscal period ending at or before the end of the year, that is corporeal property.

For the purposes of subparagraph b of the first paragraph, the corporation’s share of the value of corporeal property of a partnership is equal to the agreed proportion of the value in respect of the corporation for the partnership’s fiscal period referred to in that subparagraph b.

1986, c. 15, s. 204; 1995, c. 63, s. 250; 1997, c. 3, s. 71; 1999, c. 86, s. 94; 2001, c. 51, s. 226; 2005, c. 1, s. 284; 2005, c. 38, s. 321; 2009, c. 15, s. 441.

1141.1.2. A corporation referred to in section 1140.1 shall also include, in computing its paid-up capital for a taxation year, an amount equal to 50% of the total of all amounts each of which is

(a)  the value at the end of the year of an asset of the corporation, other than property held by the corporation primarily for the purpose of resale that was acquired by the corporation in the year or the preceding taxation year, as a consequence of another person’s default, or anticipated default, in respect of a debt owed to the corporation, that is corporeal property; or

(b)  the corporation’s share, in respect of a partnership of which the corporation is a member at the end of the year, of the value of an asset of the partnership, at the end of the partnership’s last fiscal period ending at or before the end of the year, that is corporeal property.

For the purposes of subparagraph b of the first paragraph, the corporation’s share of the value of corporeal property of a partnership is equal to the agreed proportion of the value in respect of the corporation for the partnership’s fiscal period referred to in that subparagraph b.

2005, c. 1, s. 285; 2009, c. 15, s. 442.

1141.2. A corporation referred to in any of sections 1140, 1141 and 1141.1 may deduct, in computing its paid-up capital, the amount of its deficit.

1980, c. 13, s. 113; 1986, c. 15, s. 204; 1997, c. 3, s. 71; 1999, c. 86, s. 95; 2005, c. 38, s. 322.

1141.2.0.1. (Repealed).

2004, c. 8, s. 209; 2005, c. 38, s. 323.

1141.2.1. Every corporation contemplated in section 1140, 1141 or 1141.1 may, in computing its paid-up capital for a taxation year, deduct the aggregate of the following amounts:

(a)  the amount of its future tax assets;

(b)  the amount determined for the year in respect of the corporation according to the formula

A × C / B.

For the purposes of the formula in subparagraph b of the first paragraph:

(a)  A is the total of all amounts each of which is the value, at the end of the taxation year, of the asset of the corporation that is

i.  a share of the capital stock or the long-term debt of another corporation referred to in this Title to which the corporation is related, or

ii.  a subordinated loan or another debt, whose repayment is subject to the prior approval of an agency empowered to regulate trading in securities, of another corporation that is a corporation trading in securities to which the corporation is related;

(b)  B is the ratio between the business carried on in Québec by the corporation in the year and the total business carried on by the corporation in Québec and elsewhere in the year;

(c)  C is the ratio between the business carried on in Québec by the other corporation in its taxation year ending in the year of the corporation and the total business carried on in Québec and elsewhere by the other corporation in that taxation year.

In the second paragraph, the ratio between the business carried on in Québec and the total business carried on in Québec and elsewhere in respect of a corporation means the ratio determined by regulation made under subsection 2 of section 771.

1990, c. 7, s. 214; 1995, c. 63, s. 251; 1997, c. 3, s. 71; 1997, c. 14, s. 279; 2000, c. 39, s. 258; 2002, c. 40, s. 320; 2003, c. 9, s. 430.

1141.2.1.1. (Repealed).

1999, c. 86, s. 96; 2005, c. 38, s. 324.

1141.2.1.1.1. Every corporation referred to in section 1140.1 may, in computing its paid-up capital for a taxation year, deduct the amount determined by the formula

A × C / B.

In the formula provided for in the first paragraph,

(a)  A is the total of all amounts each of which is the amount, at the end of the taxation year, of an asset of the corporation that the corporation used or held in the year in the course of carrying on its Canadian banking business, determined before the application of risk weights that the corporation would be required to report under the OSFI risk-weighting guidelines if those guidelines applied and required such report at the end of the year and that is a share of the capital stock or the long-term debt of another corporation referred to in this Title to which the corporation is related;

(b)  B is the proportion that the business carried on in Québec by the corporation in the year is of the total business carried on in Québec and elsewhere by the corporation in the year; and

(c)  C is the proportion that the business carried on in Québec by the other corporation in its taxation year ending in the year of the corporation is of the total business carried on in Québec and elsewhere by the other corporation in that taxation year.

In the second paragraph, the proportion that the business carried on in Québec is of the total business carried on in Québec and elsewhere in respect of a corporation is the proportion determined in accordance with the regulations made under subsection 2 of section 771.

2004, c. 8, s. 210.

1141.2.1.1.2. (Repealed).

2004, c. 8, s. 210; 2005, c. 38, s. 325.

1141.2.1.2. (Repealed).

2002, c. 40, s. 321; 2005, c. 38, s. 325.

1141.2.2. In this Part, the paid-up capital of a savings and credit union includes

(a)  permanent shares, any participating interest in the nature of a permanent share and any other capital share that are issued and that are not held by another savings and credit union; and

(b)  the long-term debt used to compute the ratio of its capital base in accordance with the Savings and Credit Unions Act (chapter C-4.1) and the Regulation respecting the capital base of savings and credit union federations and credit unions not affiliated with a federation (Order in Council 1221-91, as amended) as they read on 30 June 2001.

1997, c. 14, s. 280; 2000, c. 29, s. 657; 2004, c. 21, s. 495.

1141.2.3. A savings and credit union shall also include, in computing its paid-up capital for a taxation year, an amount equal to 50% of the total of all amounts each of which is the value at the end of the year of an asset of the savings and credit union, other than property held by the savings and credit union primarily for the purpose of resale that was acquired by it in the year or in the preceding taxation year as a consequence of another person’s default, or anticipated default, in respect of a debt owed to the savings and credit union, that is corporeal property.

1997, c. 14, s. 280; 2004, c. 21, s. 496; 2005, c. 1, s. 286.

1141.2.4. (Repealed).

1997, c. 14, s. 280; 1999, c. 86, s. 97; 2004, c. 21, s. 497; 2005, c. 38, s. 326.

1141.3. A corporation referred to in this Title that is a qualified corporation, within the meaning of sections 771.5 to 771.7, for a taxation year may deduct in computing its paid-up capital for that year an amount equal to 75% of the lesser of

(a)  its paid-up capital for the year, computed without reference to this section and sections 1141.8 to 1141.11, minus the amount that, where applicable, could be deducted from the paid-up capital of the corporation for the year under section 1141.9, 1141.10 or 1141.11, as the case may be, if “75% of the amount” in the first paragraph of section 57 of the Act respecting international financial centres (chapter C-8.3) were replaced by “the amount”, and if “75% of the product” in the first paragraph of section 57.1 of that Act were replaced by “the product”; and

(b)  $3,000,000.

Notwithstanding the first paragraph, the amount deductible by such a corporation in computing its paid-up capital under this section, for its taxation year that includes the last day of its exemption period, within the meaning of the first paragraph of section 771.1, is equal to such proportion of the amount that, but for this paragraph, would be determined under the first paragraph that the number of days in the year included in that exemption period is of the number of days in the year.

1987, c. 21, s. 93; 1993, c. 64, s. 196; 1995, c. 63, s. 252; 1997, c. 3, s. 71; 1997, c. 85, s. 317; 2000, c. 39, s. 259; 2004, c. 21, s. 498; 2005, c. 38, s. 327.

1141.4. (Repealed).

1999, c. 83, s. 267; 2004, c. 8, s. 211; 2004, c. 21, s. 499.

1141.5. (Repealed).

1999, c. 83, s. 267; 2004, c. 21, s. 499.

1141.6. (Repealed).

1999, c. 83, s. 267; 2003, c. 9, s. 431; 2004, c. 21, s. 499.

1141.7. (Repealed).

1999, c. 83, s. 267; 2003, c. 9, s. 432; 2004, c. 21, s. 499.

1141.8. A corporation that carries on, in a taxation year, a recognized business in connection with which a major investment project was carried out or is in the process of being carried out, or is a member of a partnership that carries on, in a fiscal period of the partnership that ends in the year, such a recognized business, may deduct from its paid-up capital otherwise determined for the year under this Title, the aggregate of all amounts each of which is, in relation to a particular major investment project of the corporation or partnership, the proportion of the amount that would be the corporation’s paid-up capital otherwise determined for the year under this Title if such capital were established on the sole basis of the financial statements referred to in subparagraph c or d of the second paragraph in relation to the particular major investment project, that the number of days in the eligibility period of the corporation for the year or of the partnership for the fiscal period, as the case may be, in relation to the particular major investment project, is of the number of days in the taxation year or fiscal period, as the case may be.

However, a deduction is allowed under the first paragraph for a taxation year in respect of a major investment project of the corporation or partnership, only if the corporation encloses, with its fiscal return it is required to file under section 1000 for the year, the following documents:

(a)  the prescribed form containing the prescribed information;

(b)  a copy of the unrevoked initial qualification certificate issued to the corporation or partnership in relation to the major investment project, and of any valid annual qualification certificate for the taxation year of the corporation or the fiscal period of the partnership issued in relation to the major investment project;

(c)  where the recognized business is carried on by the corporation, the financial statements of the corporation prepared in accordance with generally accepted accounting principles but pertaining only to the eligible activities of the corporation, in relation to the major investment project; and

(d)  where the recognized business is carried on by the partnership, the financial statements of the partnership prepared in accordance with generally accepted accounting principles but pertaining only to the eligible activities of the partnership, in relation to the major investment project, and the financial statements of the corporation prepared in accordance with those principles but pertaining only to the elements attributable to eligible activities of the partnership, in relation to the major investment project.

For the purposes of subparagraph b of the second paragraph, where, at any time, a corporation or partnership acquires from another corporation or partnership all or substantially all of a recognized business, and the Minister of Finance previously authorized the acquisition for the purposes of this Book, the initial qualification certificate issued to the other corporation or partnership, in relation to the major investment project, is deemed to be issued, from that time, to the corporation or partnership, as the case may be.

The amounts reported in the financial statements referred to in subparagraph c or d of the second paragraph of the corporation or partnership must be the same as the amounts that, in respect of eligible activities or elements attributable to eligible activities referred to in that subparagraph, were taken into account in determining the amounts reported in the financial statements of the corporation or partnership, as the case may be, otherwise prepared under this Part.

2002, c. 9, s. 132.

1141.8.1. For the purpose of determining the amount that a corporation may deduct, under section 1141.8, from its paid-up capital otherwise determined for a taxation year under this Title, the following rules apply if one or more other partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between that corporation and a given partnership that carries on a recognized business referred to in that section in any fiscal period of the given partnership:

(a)  the corporation is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the corporation’s taxation year in which ends the fiscal period of the interposed partnership of which it is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the corporation is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s fiscal period in which the particular fiscal period ends; and

(b)  subparagraph d of the second paragraph of section 1141.8 is to be read as if “and the financial statements of the corporation” was replaced by “and the financial statements of the corporation and of any other partnership of which the corporation is a member, or deemed to be a member under paragraph a of section 1141.8.1,”.

2009, c. 15, s. 443.

1141.8.2. Section 1141.8.1 does not apply in respect of a corporation, in relation to a given partnership, if the Minister is of the opinion that the interposition, between the corporation and the given partnership, of one or more other partnerships is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to cause the corporation to be able to deduct, under section 1141.8, from its paid-up capital otherwise determined for a taxation year under this Title, an amount greater than the amount that the corporation could have so deducted for that taxation year, but for that interposition.

2009, c. 15, s. 443.

1141.9. A corporation referred to in section 1140 may deduct from its paid-up capital otherwise determined for a taxation year under this Title the amount provided for in its respect for the year in section 57 or 60.1 of the Act respecting international financial centres (chapter C-8.3).

2005, c. 38, s. 328.

1141.10. A corporation referred to in section 1140.1 may deduct from its paid-up capital otherwise determined for a taxation year under this Title the amount provided for in its respect for the year in section 57.1 of the Act respecting international financial centres (chapter C-8.3).

2005, c. 38, s. 328.

1141.11. A corporation referred to in any of sections 1141, 1141.1 and 1141.2.2 may deduct from its paid-up capital otherwise determined for a taxation year under this Title the amount provided for in its respect for the year in section 57 of the Act respecting international financial centres (chapter C-8.3).

2005, c. 38, s. 328.

BOOK IV MISCELLANEOUS PROVISIONS

1979, c. 38, s. 27.

1142. For the purposes of this Part, a corporation must file the financial statements of a partnership or joint venture in which it has an interest with respect to the fiscal period the end of which coincides with that of the fiscal period of the corporation or, as the case may be, which immediately precedes it.

1972, c. 23, s. 855; 1979, c. 38, s. 27; 1997, c. 3, s. 71.

1143. A corporation is exempt from capital tax where a corporation is

(a)  a corporation, other than a prescribed corporation, that is exempt from tax under sections 980 to 996 or 998 and 998.1; or

(b)  a corporation whose property is deemed to be the property of an inter vivos trust referred to in section 851.25.

The same applies to a security fund belonging to the group of the Fédération des caisses Desjardins du Québec established under the Act respecting financial services cooperatives (chapter C-67.3), and to Aéroports de Montréal, a corporation incorporated under Part II of the Canada Corporations Act (R.S.C. 1970, c. C-32), if the requirements of paragraphs a and b of subsection 1 of section 8 of the Airport Transfer (Miscellaneous Matters) Act (S.C. 1992, c. 5) are met in respect of the latter corporation for the taxation year.

However, a corporation withdrawn by section 192 from the application of section 985 is not exempt from tax.

Furthermore, a corporation that is a charity within the meaning of section 1, or whose property is deemed to be the property of an inter vivos trust contemplated in section 851.25, and that is exempt from tax under the first paragraph, must nevertheless pay the tax on its paid-up capital which pertains to a business carried on by it.

1972, c. 23, s. 856; 1979, c. 38, s. 27; 1981, c. 12, s. 15; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 1997, c. 14, s. 281; 1999, c. 83, s. 268; 2000, c. 5, s. 291; 2000, c. 29, s. 658.

1143.0.1. No prescribed corporation for the purposes of subparagraph a of the first paragraph of section 1143 may deduct an amount under section 1138.2.2, 1138.2.4 or 1141.8.

However, the first paragraph does not apply in respect of a deduction provided for in section 1138.2.2 or 1141.8 in relation to a major investment project in respect of which an application to obtain that deduction, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

2005, c. 1, s. 287.

1143.1. The Minister may, where a corporation applies therefor in writing, recognize a corporation as a loan corporation from the date or the taxation year, as the case may be, indicated by the Minister in a letter sent to the corporation.

1997, c. 85, s. 318.

1143.2. The Minister may revoke the recognition of a corporation as a loan corporation if the Minister considers that the conditions determined by the Minister to maintain the recognition are no longer met by the corporation, or if the corporation makes a request that the recognition be revoked.

The revocation takes effect from the date or the taxation year, as the case may be, indicated by the Minister in the notice sent to the corporation by the Minister.

1997, c. 85, s. 318.

1144. The Government may make regulations

(a)  exempting from capital tax, on the conditions prescribed by it, any corporation in the process of winding-up or under sequestration, any inactive corporation, or any corporation incorporated for cultural or agricultural purposes or for drainage or water supply purposes;

(b)  determining what constitutes an investment;

(c)  determining the paid-up capital of a corporation that is not resident in Canada;

(d)  prescribing the measures required for the application of this Part.

1972, c. 23, s. 857; 1979, c. 38, s. 27; 1997, c. 3, s. 71; 1997, c. 31, s. 138.

1145. Except where inconsistent with this Part, sections 6 and 17 to 21, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549 and sections 1000 to 1027.5 and 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1972, c. 23, s. 858; 1979, c. 38, s. 27; 1985, c. 25, s. 164; 1993, c. 64, s. 197; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 1997, c. 14, s. 282; 2005, c. 1, s. 288; 2006, c. 13, s. 220; 2009, c. 15, s. 444.

BOOK V

Replaced, 1979, c. 38, s. 27.

1979, c. 38, s. 27.

TITLE I

Replaced, 1979, c. 38, s. 27.

1979, c. 38, s. 27.

1146. (Replaced).

1972, c. 23, s. 859; 1979, c. 38, s. 27.

1147. (Replaced).

1972, c. 23, s. 860; 1979, c. 38, s. 27.

1148. (Replaced).

1972, c. 23, s. 861; 1979, c. 38, s. 27.

1149. (Replaced).

1972, c. 23, s. 862; 1979, c. 38, s. 27.

1150. (Replaced).

1972, c. 23, s. 863; 1979, c. 38, s. 27.

1151. (Replaced).

1972, c. 23, s. 864; 1979, c. 38, s. 27.

1152. (Replaced).

1972, c. 23, s. 865; 1979, c. 38, s. 27.

1153. (Replaced).

1972, c. 23, s. 866; 1979, c. 38, s. 27.

1154. (Replaced).

1972, c. 23, s. 867; 1979, c. 38, s. 27.

TITLE II

Replaced, 1979, c. 38, s. 27.

1979, c. 38, s. 27.

1155. (Replaced).

1972, c. 23, s. 868; 1979, c. 38, s. 27.

1156. (Replaced).

1972, c. 23, s. 869; 1979, c. 38, s. 27.

BOOK VI

Replaced, 1979, c. 38, s. 27.

1979, c. 38, s. 27.

1157. (Replaced).

1972, c. 23, s. 870; 1974, c. 18, s. 44; 1979, c. 38, s. 27.

1158. (Replaced).

1972, c. 23, s. 871; 1974, c. 18, s. 45; 1979, c. 38, s. 27.

1159. (Replaced).

1972, c. 26, s. 82; 1979, c. 38, s. 27.

PART IV.1 COMPENSATION TAX FOR FINANCIAL INSTITUTIONS

1993, c. 19, s. 148.

BOOK I INTERPRETATION

1993, c. 19, s. 148; 1997, c. 14, s. 283.

1159.1. In this Part, unless the context indicates otherwise,

“amount paid as wages” means wages paid by a financial institution to its employee who reports for work at its establishment in Québec, that it is deemed to pay to its employee or that it pays in respect of its employee, or to its employee to whom those wages, if the employee is not required to report for work at an establishment of the financial institution, are paid, deemed to be paid or paid in respect of the employee from such an establishment in Québec;

“bank” means a bank, within the meaning of section 1130, that is liable to pay tax under Part IV;

“base wages” means the aggregate of all amounts each of which is an amount paid by a person, in respect of an individual, to a trustee or custodian under a profit sharing plan, an employee trust or an employee benefit plan, within the meaning assigned to those expressions by section 1, and

(a)  any amount paid, allocated, granted or awarded by the person that is included under Chapters I and II of Title II of Book III of Part I, except section 58.0.1, in computing the individual’s income from an office or employment or that would be included in computing that income if the individual were subject to tax under Part I; and

(b)  any amount that the person is deemed to pay to the individual under section 1019.7;

“corporation trading in securities” means a corporation trading in securities, within the meaning of section 1130, that is liable to pay tax under Part IV;

“employee” has the meaning assigned by section 1;

“establishment” has the meaning assigned by section 1;

“financial institution” means a financial institution referred to in paragraph a of subsection 1 of section 149 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), with the exception of

(a)  a corporation established under the Canada Deposit Insurance Corporation Act (Revised Statutes of Canada, 1985, chapter C-3),

(b)  a State body or corporation mentioned in Schedules A and B to the Reciprocal Taxation Memorandum of Agreement/Canada-Québec entered into on 21 December 1990, and

(c)  a body or corporation of Her Majesty in right of Canada that is not mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act (Revised Statutes of Canada, 1985, chapter F-8);

“financial service” has the meaning assigned by section 123 of the Excise Tax Act;

“insurance corporation” means an insurance corporation within the meaning of section 1166 that is liable to pay tax under Part VI;

“legal representative” has the meaning assigned by section 1;

“loan corporation” means a loan corporation, within the meaning of section 1130, that is liable to pay tax under Part IV;

“person” has the meaning assigned by section 123 of the Excise Tax Act;

“professional order” has the meaning assigned by section 1 of the Professional Code (chapter C-26);

“savings and credit union” has the meaning assigned by section 797;

“supply” has the meaning assigned by section 123 of the Excise Tax Act;

“taxation year” has the meaning assigned by Part I and, in the case of a person other than a person within the meaning of Part I, means a calendar year;

“trust corporation” means a trust corporation, within the meaning of section 1130, that is liable to pay tax under Part IV;

“wages” means base wages, except wages paid by a financial institution to a person who is, within the meaning of an agreement on social security that provides for the reciprocal coverage of health insurance plans, entered into between the Gouvernement du Québec and the government of a foreign country, a worker on secondment, for the period in which the person is such a seconded worker, if under the agreement the person is subject only to the legislation of the foreign country to which the reciprocal coverage applies.

1993, c. 19, s. 148; 1995, c. 63, s. 253; 1997, c. 3, s. 67; 1997, c. 14, s. 290; 1998, c. 16, s. 247; 1999, c. 89, s. 53; 2000, c. 5, s. 292; 2002, c. 40, s. 322; 2005, c. 38, s. 329; 2007, c. 12, s. 304.

1159.1.1. For the purposes of the definition of “amount paid as wages” in section 1159.1,

(a)  an employee who reports for work at an establishment of the financial institution that pays his wages,

i.  in respect of wages that are not described in subparagraph ii, means an employee who reports for work at that establishment for his regular pay period to which the wages relate, and

ii.  in respect of wages that are paid as a premium, an increase with retroactive effect or a vacation pay, that are paid to a trustee or custodian in respect of the employee or that do not relate to a regular pay period of the employee, means an employee who ordinarily reports for work at that establishment;

(b)  where, during a regular pay period of an employee, the employee reports for work at an establishment of the financial institution situated in Québec and at an establishment of the financial institution situated outside Québec, the employee is deemed for that period, in respect of wages that are not described in subparagraph ii of paragraph a,

i.  except where subparagraph ii applies, to report for work only at the establishment situated in Québec, and

ii.  to report for work only at the establishment situated outside Québec where, during that period, he reports for work mainly at such an establishment of the financial institution; and

(c)  where an employee ordinarily reports for work at an establishment of the financial institution situated in Québec and at an establishment of the financial institution situated outside Québec, the employee is deemed, in respect of the wages described in subparagraph ii of paragraph a, to report for work only at the establishment situated in Québec.

1997, c. 14, s. 284; 2005, c. 38, s. 330.

1159.1.2. For the purposes of this Part, a reference to wages that a financial institution pays or has paid is a reference to wages that the financial institution pays, allocates, grants or awards or has paid, allocated, granted or awarded.

2005, c. 38, s. 331.

BOOK II LIABILITY FOR AND AMOUNT OF THE TAX

1993, c. 19, s. 148.

1159.2. Every person that is a financial institution at any time in a taxation year shall pay a compensation tax for that year.

1993, c. 19, s. 148.

1159.3. The compensation tax a person referred to in section 1159.2 is required to pay for a taxation year is equal to,

(a)  in the case of a bank, a loan corporation, a trust corporation or a corporation trading in securities, subject to subparagraph d, the aggregate of

i.  0.25% of its paid-up capital as established for the year under Title II of Book III of Part IV, computed without reference to sections 1141.3 to 1141.11, and

ii.  2% of the amount paid as wages in the year;

(b)  in the case of an insurance corporation, the aggregate of

i.  0.35% of any premium payable in respect of which tax is to be paid in the year under Book II of Part VI, without reference to subparagraph b of the third paragraph of section 1167 and section 1170.1, and

ii.  0.35% of any taxable premium that is paid in respect of which tax is to be paid in the year under Book III of Part VI;

iii.  (subparagraph repealed);

(c)  in the case of a savings and credit union, subject to subparagraph d, 2.5% of the amount paid as wages in the year;

(d)  in the case of a person referred to in either of subparagraphs a and c that is also an insurance corporation, the aggregate of

i.  the amount otherwise determined in the person’s respect under subparagraph a or c, as the case may be, and

ii.  0.35% of any taxable premium that is paid in respect of which tax is to be paid in the year under Book III of Part VI;

(d.1)  in the case of a professional order that has set up an insurance fund, in accordance with section 86.1 of the Professional Code (chapter C-26), 0.35% of the amount established for the year in respect of the insurance fund in accordance with section 85.2 of that Code;

(e)  in the case of any other person, 1% of the amount paid as wages in the year.

Notwithstanding the foregoing, where a person is not a financial institution throughout its taxation year, the compensation tax the person is required to pay for the year is equal to,

(a)  in the case of a bank, a loan corporation, a trust corporation or a corporation trading in securities, subject to subparagraph d, the aggregate of

i.  0.25% of the product obtained by multiplying its paid-up capital as established for the year under Title II of Book III of Part IV, computed without reference to sections 1141.3 to 1141.11, by the proportion that the number of days in its taxation year during which it was a financial institution is of the number of days in its taxation year, and

ii.  2% of the amount paid as wages during the part or parts of the year, as the case may be, during which the person was a financial institution;

(b)  in the case of an insurance corporation, the aggregate of

i.  0.35% of the product obtained by multiplying any premium payable in respect of which tax is to be paid in the year under Book II of Part VI, without reference to subparagraph b of the third paragraph of section 1167 and section 1170.1, by the proportion that the number of days in its taxation year during which it was a financial institution is of the number of days in its taxation year, and

ii.  0.35% of the product obtained by multiplying any taxable premium that is paid in respect of which tax is to be paid in the year under Book III of Part VI by the ratio between the number of days in its taxation year during which it was a financial institution and the number of days in its taxation year;

iii.  (subparagraph repealed);

(c)  in the case of a savings and credit union, subject to subparagraph d, 2.5% of the amount paid as wages during the part or parts of the year, as the case may be, during which the person was a financial institution;

(d)  in the case of a person referred to in either of subparagraphs a and c that is also an insurance corporation, the aggregate of

i.  the amount otherwise determined in its respect under subparagraph a or c, as the case may be, and

ii.  0.35% of the product obtained by multiplying the amount of any taxable premium that is paid in respect of which tax is to be paid in the year under Book III of Part VI by the ratio between the number of days in its taxation year during which it was a financial institution and the number of days in its taxation year;

(e)  in the case of any other person, except a professional order that has set up an insurance fund, in accordance with section 86.1 of the Professional Code, 1% of the amount paid as wages during the part or parts of the year, as the case may be, during which the person was a financial institution.

For the purposes of the second paragraph, where a person is a financial institution, with the exception of a corporation that is deemed to be a financial institution by reason of an election made by it under subsection 1 of section 150 of the Excise Tax Act (R.S.C. 1985, c. E-15), at any time in its taxation year, it is deemed to be such an institution throughout the period commencing at that time and ending on the last day of its taxation year.

1993, c. 19, s. 148; 1995, c. 63, s. 254; 1997, c. 3, s. 71; 1999, c. 83, s. 269; 2002, c. 9, s. 133; 2003, c. 2, s. 296; 2004, c. 21, s. 500; 2005, c. 38, s. 332; 2008, c. 11, s. 186.

1159.4. Where, in a taxation year, a corporation is deemed to be a financial institution by reason of the election made by the corporation under subsection 1 of section 150 of the Excise Tax Act (Revised Statutes of Canada, 1985, chapter E-15), or a savings and credit union is deemed to have made such an election under subsection 6 of the said section, and, for the part or parts of the year, as the case may be, during which the corporation or savings and credit union was a financial institution, the value of its supplies that are financial services is less than 90% of the value of the aggregate of its supplies, the amount of the compensation tax is the amount determined by the formula

A × B / C.

For the purposes of the formula set forth in the first paragraph,

(a)  A is the amount of the compensation tax that would otherwise be computed under section 1159.3 if that section were read without reference to the third paragraph thereof;

(b)  B is the value of the supplies of the corporation or the savings and credit union, as the case may be, that are financial services for the part or parts of the year, as the case may be, during which it was a financial institution, and

(c)  C is the value of the aggregate of the supplies of the corporation or the savings and credit union, as the case may be, for the part or parts of the year, as the case may be, during which it was a financial institution.

1993, c. 19, s. 148; 1997, c. 3, s. 71.

1159.5. Where a financial institution referred to in subparagraph a of the first or second paragraph of section 1159.3 has an establishment situated outside Québec, subparagraph i of subparagraph a of the first or second paragraph, as the case may be, of the said section shall be construed as though the amount determined thereunder were equal to such proportion of the amount that would otherwise be determined thereunder as the business carried on by it in Québec is of the aggregate of the business carried on by it in Canada or in Québec and elsewhere, as determined by regulation.

1993, c. 19, s. 148; 1995, c. 1, s. 199.

1159.6. Where the taxation year of a financial institution referred to in subparagraph a of the first or second paragraph of section 1159.3 covers a period of less than 359 days, subparagraph i of subparagraph a of the first or second paragraph, as the case may be, of the said section shall be construed as though the amount determined thereunder were equal to such proportion of the amount that would otherwise be determined thereunder as the number of days in its taxation year is of 365.

1993, c. 19, s. 148.

BOOK III MISCELLANEOUS PROVISIONS

1993, c. 19, s. 148.

1159.7. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549 and sections 1000 to 1027.0.3 and 1037 to 1079.16 apply, with the necessary modifications, to this Part.

Furthermore, for the purposes of this Part, the following rules apply:

(a)  an insurance corporation that is not a corporation is deemed to be a corporation;

(b)  the fiscal period of any corporation that is deemed to be a corporation under subparagraph a is deemed to be the taxation year of the corporation.

1993, c. 19, s. 148; 1993, c. 64, s. 198; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 1997, c. 3, s. 71; 2005, c. 1, s. 289; 2006, c. 13, s. 221; 2009, c. 15, s. 445.

1159.8. Notwithstanding section 1000, every person other than a corporation shall file with the Minister in prescribed form, without notice or demand therefor, a fiscal return containing prescribed information for each taxation year for which the person is required to pay tax under this Part, in respect of such portion of the tax as is determined by reference to the percentage of the amount paid as wages referred to in subparagraph e of the first or second paragraph of section 1159.3.

Such return must be filed by the following persons and within the following time:

(a)  in the case of a person who has died without making the return, by his legal representatives within 90 days after the person’s death;

(b)  in the case of a succession or trust, by the liquidator of the succession, the executor or the trustee, on or before the last day of February in the next calendar year;

(c)  in the case of a person other than a person within the meaning of section 1, by the person or on his behalf, on or before the last day of February in the next calendar year;

(d)  in the case of any other person, by that person or, if he is unable for any reason to file the return, by his adviser or legal representative, on or before the last day of February in the next calendar year;

(e)  where no return has been filed pursuant to any of paragraphs a to d, by the person required by notice in writing from the Minister to file the return, within such time as the notice specifies.

Notwithstanding the second paragraph, the person who is required to file the return in prescribed form referred to in the first paragraph is the person who files or is required to file the return in prescribed form referred to in section 1086R1 of the Regulation respecting the Taxation Act (chapter I-3, r. 1).

1993, c. 19, s. 148; 1994, c. 22, s. 347; 1997, c. 3, s. 71; 1997, c. 31, s. 139; 1998, c. 16, s. 251; 2006, c. 13, s. 222.

1159.9. Notwithstanding section 1159.8, every person who, on the date on or before which an amount is to be paid by the person to the Minister under section 1159.10, ceases or fails to pay the amount shall file the fiscal return provided for in section 1159.8 in prescribed form as referred to therein on or before the twentieth day of the month following that in which an amount was last paid by him.

1993, c. 19, s. 148.

1159.10. Notwithstanding sections 1025 and 1026, every person, other than a corporation, who is liable to pay tax under this Part for a taxation year shall, in respect of such portion of the tax as is determined by reference to the percentage of the amount paid as wages referred to in subparagraph e of the first or second paragraph of section 1159.3, pay to the Minister, in respect of each month of that year during which the person was a financial institution, on or before the date on or before which the person is required to pay any amount to the Minister under section 1015 in respect of that month, an amount equal to the percentage of the amount paid as wages in respect of that month.

1993, c. 19, s. 148; 1997, c. 3, s. 71.

1159.11. (Repealed).

1993, c. 19, s. 148; 1995, c. 63, s. 255.

1159.12. (Repealed).

1993, c. 19, s. 148; 1995, c. 1, s. 195.

1159.13. (Repealed).

1993, c. 19, s. 148; 1995, c. 63, s. 255.

1159.14. (Repealed).

1993, c. 19, s. 148; 1995, c. 63, s. 255.

1159.15. (Repealed).

1993, c. 19, s. 148; 1995, c. 63, s. 255.

1159.16. (Repealed).

1993, c. 19, s. 148; 1995, c. 63, s. 255.

1159.17. Where a person referred to in section 1171 is, at the time of the making of the insurance contract referred to therein, a financial institution, the person shall, when giving the notice referred to in subsection 1 of that section, pay to the Minister a compensation tax equal to 0.35% of the amount of the premium payable by the person and in respect of which a tax must be paid under that section.

1993, c. 19, s. 148; 1995, c. 63, s. 256.

1159.18. Every person who contravenes section 1159.17 incurs a penalty equal to twice the amount of the tax payable under that section.

1993, c. 19, s. 148; 1995, c. 63, s. 257.

PART V

Repealed, 1989, c. 5, s. 245.

1989, c. 5, s. 245.

1160. (Repealed).

1972, c. 23, s. 872; 1979, c. 38, s. 28; 1980, c. 13, s. 114; 1982, c. 5, s. 206; 1986, c. 15, s. 205; 1987, c. 21, s. 94; 1989, c. 5, s. 239; 1990, c. 7, s. 216; 1989, c. 5, s. 245.

1160.1. (Repealed).

1989, c. 5, s. 240; 1989, c. 5, s. 245.

1161. (Repealed).

1972, c. 23, s. 873; 1980, c. 13, s. 115; 1982, c. 5, s. 207; 1995, c. 1, s. 199; 1989, c. 5, s. 245.

1162. (Repealed).

1972, c. 23, s. 874; 1980, c. 13, s. 115; 1982, c. 5, s. 207; 1984, c. 35, s. 34; 1989, c. 5, s. 241; 1989, c. 5, s. 245.

1162.1. (Repealed).

1982, c. 5, s. 207; 1989, c. 5, s. 245.

1162.1.1. (Repealed).

1989, c. 5, s. 242; 1989, c. 5, s. 245.

1162.2. (Repealed).

1982, c. 5, s. 207; 1989, c. 5, s. 243; 1989, c. 5, s. 245.

1162.3. (Repealed).

1982, c. 5, s. 207; 1989, c. 5, s. 244; 1989, c. 5, s. 245.

1162.4. (Repealed).

1982, c. 5, s. 207; 1989, c. 5, s. 245.

1163. (Repealed).

1976, c. 33, s. 50; 1986, c. 15, s. 206; 1989, c. 5, s. 245.

1164. (Repealed).

1972, c. 23, s. 875; 1980, c. 13, s. 116; 1989, c. 5, s. 245.

1165. (Repealed).

1972, c. 26, s. 83; 1973, c. 18, s. 34; 1979, c. 38, s. 28; 1980, c. 13, s. 117; 1986, c. 15, s. 207; 1987, c. 21, s. 95; 1987, c. 67, s. 201; 1990, c. 7, s. 216; 1991, c. 8, s. 103; 1992, c. 1, s. 209; 1993, c. 64, s. 199; 1989, c. 5, s. 245.

PART VI TAX ON CAPITAL OF INSURANCE CORPORATIONS

1972, c. 23; 1997, c. 3, s. 71.

BOOK I DEFINITIONS

1993, c. 19, s. 149.

1166. In this Part, unless the context indicates otherwise,

“amount allocated to the payment of a benefit” means the aggregate of benefits, other than benefits derived from a fund of an uninsured employee benefit plan, paid, in a taxation year, under an uninsured employee benefit plan, to the beneficiaries under the plan;

“annual qualification certificate” has the meaning assigned by the first paragraph of section 737.18.14;

“carrying on business in Québec” means owning any property in Québec, having an establishment in Québec or exercising any of the corporate rights, powers or objects of a corporation in Québec;

“contribution” includes assessments, premium deposits, registration fees and any other compensation in respect of an uninsured employee benefit plan;

“eligibility period” has the meaning assigned by section 737.18.14;

“eligible activities” has the meaning assigned by the first paragraph of section 737.18.14;

“eligible employee” of a corporation for a pay period means an employee of the corporation who, throughout that period, reports for work at an establishment of the corporation situated in Québec;

“employee” has the meaning assigned by section 1;

“establishment” has the meaning assigned by section 1;

“fiscal period” has the meaning assigned by Part I;

“fund of an uninsured employee benefit plan” means the aggregate of contributions, other than an amount described in the second paragraph, paid in a taxation year under an uninsured employee benefit plan, if the aggregate of contributions paid during any month in that year exceeds the amount required to pay the foreseeable benefits payable in that month and within 30 days after the end of that month;

“insurance corporation” means an insurer, within the meaning given to that expression by the Act respecting insurance (chapter A-32), and includes any person, trust, association or group of persons administering an uninsured employee benefit plan or paying any amount into a fund of an uninsured employee benefit plan;

“major investment project” has the meaning assigned by the first paragraph of section 737.18.14;

“month” means, where a taxation year commences on a day in a calendar month other than the first day of the month, any period commencing on that day in any calendar month within the taxation year, other than the month in which the year ends, and ending on the day immediately preceding that day in the calendar month following that month or, for the month in which the taxation year ends, on the day on which the taxation year ends, or where there is no such immediately preceding day in the following month, on the last day of that month;

“premium” means

(a)  any amount payable as consideration for an insurance contract including the first premium and every other premium payable subsequently under such contract;

(b)  premium deposits, assessments, registration fees, contributions of members and any other compensation given to benefit by an insurance contract;

“recognized business” has the meaning assigned by the first paragraph of section 737.18.14;

“salary or wages” has the meaning assigned by section 1;

“taxable premium” means a fund of an uninsured employee benefit plan and an amount allocated to the payment of a benefit;

“taxation year” has the meaning assigned by Part I;

“total payroll” of a corporation for a taxation year means the aggregate of all amounts each of which is the salaries or wages paid by the corporation during a pay period that ends in the year, to an eligible employee of the corporation for the pay period;

“uninsured employee benefit plan” means a plan which gives protection against a risk that could otherwise be obtained by taking out a policy of personal insurance, whether the benefits are partly insured or not.

The following amounts are assimilated to taxable premiums:

(a)  the amount of the administration costs in respect of an uninsured employee benefit plan paid to the person administering the uninsured employee benefit plan;

(b)  the amount of the interest costs in respect of taxable premiums;

(c)  the amount paid to make up a deficit relating to an uninsured employee benefit plan, whether or not it is in force at the time of the payment.

For the purposes of the definition of “eligible employee” in the first paragraph,

(a)  where, during a pay period within a taxation year, an employee of a corporation reports for work at an establishment of the corporation situated in Québec and at an establishment of the corporation situated outside Québec, the employee is, for that pay period, deemed

i.  except if subparagraph ii applies, to report for work only at the establishment situated in Québec, or

ii.  to report for work only at the establishment situated outside Québec if, during that pay period, the employee reports for work mainly at an establishment of the corporation situated outside Québec; and

(b)  where, during a pay period within a taxation year, an employee of a corporation is not required to report for work at an establishment of the corporation and the employee’s salary or wages in relation to that period are paid from such an establishment situated in Québec, the employee is deemed to report for work at that establishment if the duties performed by the employee during that pay period are performed mainly in Québec.

1972, c. 23, s. 876; 1974, c. 18, s. 46; 1979, c. 38, s. 29; 1993, c. 19, s. 150; 1994, c. 22, s. 348; 1995, c. 1, s. 196; 1997, c. 3, s. 68; 1997, c. 14, s. 285; 1997, c. 85, s. 319; 2002, c. 9, s. 134; 2005, c. 23, s. 260; 2007, c. 12, s. 304.

BOOK II INSURANCE

1993, c. 19, s. 151.

1167. Every insurance corporation carrying on business in Québec, except that mentioned in paragraph b of section 998, shall pay for each period of 12 months, as tax on capital, on every premium payable to the corporation or its agent with respect to its business in Québec other than an annuity contract, except on any reinsurance premium paid to the corporation by another insurance corporation, a tax equal,

(a)  in the case of insurance relating to the life, health or physical well-being of the insured, to 2% of the premium payable;

(b)  in all other cases, to 3% of the premium payable.

Subject to the third paragraph, the tax payable by an insurance corporation shall not be less than

(a)  $500 in the case of marine insurance corporations;

(b)  $200 in the case of reciprocal or mutual insurance corporations;

(c)  $600 in the case of life insurance corporations, corporations transacting both in marine insurance and another kind of insurance except life insurance, and in the case of any other insurance corporation.

The second paragraph does not apply to

(a)  a corporation to which section 61 of the Act respecting international financial centres (chapter C-8.3) applies; and

(b)  a corporation whose operations consist solely in carrying on eligible activities, in respect of a major investment project relating to a recognized business of the corporation, in its eligibility period in relation to the recognized business.

For the purposes of this section, any premium due in respect of the following is deemed to be a premium payable with respect to business in Québec:

(a)  the insurance of a person resident in Québec if the person is resident in Québec at the time the premium falls due;

(b)  the insurance of property situated in Québec if the property is situated in Québec at any time during the term of the insurance contract;

(c)  liability insurance subscribed by an underwriter resident or having an establishment in Québec, where the insurance covers in whole or in part the realization of a risk in Québec.

In addition, insurance relating to the physical well-being of the insured means a contract of insurance under which the insurer undertakes to indemnify the insured otherwise than in a manner accessory to a contract of damage insurance for any injury sustained by the latter caused by an accident.

Finally, where a contract of insurance relates to property that is an automobile within the meaning of the Automobile Insurance Act (chapter A-25) and gives rise, in respect of a period, to a premium payable to an insurance corporation or its agent with respect to its business in Québec, the premium payable is deemed, for the purpose of computing the tax provided for in its respect under the first paragraph, to be equal to such proportion of the amount of direct written premiums of the insurance corporation for the period relating to the aggregate of such contracts of insurance, as is represented by the ratio, established in respect of the period and without reference to this paragraph, between the premium payable and the aggregate, for all such contracts of insurance, of premiums payable to the insurance corporation or its agent with respect to its business in Québec.

1972, c. 23, s. 877; 1973, c. 17, s. 136; 1980, c. 13, s. 118; 1991, c. 8, s. 104; 1993, c. 64, s. 200; 1995, c. 1, s. 197; 1997, c. 3, s. 69; 1997, c. 85, s. 320; 1999, c. 86, s. 98; 2002, c. 9, s. 135.

1168. (1)  When a premium is already taxed by another province, state or country, the Minister may, if he considers it to be fair, exempt an insurance corporation from the obligation to pay the tax on that premium.

(2)  Where insurance corporations incorporated in Québec are subject in another province, state or country to a tax higher than that exigible in that province, state or country from the insurance corporations incorporated therein, the Government may increase proportionately the tax on such corporations doing business in Québec.

1972, c. 23, s. 878; 1997, c. 3, s. 71; 1997, c. 31, s. 140.

1169. (Repealed).

1972, c. 23, s. 879; 1979, c. 38, s. 29.

1170. For the purposes of section 1167, a corporation may deduct from the premiums payable the return premiums and the cash value of the dividends paid or credited to policyholders to the extent that such return premiums and dividends are in respect of risks covered by the insurance of persons resident in Québec, the insurance of property situated in Québec or a liability insurance subscribed by an underwriter resident or having an establishment in Québec.

The corporation may not, however, deduct from the premiums payable payment to the insured of cash surrender or loan values.

1972, c. 23, s. 880; 1996, c. 39, s. 273; 1997, c. 3, s. 71; 1997, c. 85, s. 321.

1170.1. Subject to sections 1170.2 to 1170.4, an insurance corporation carrying on a recognized business in a taxation year may deduct, in computing its tax payable under this Book for a 12-month period ending in that year, the amount obtained by multiplying the amount of tax that would be payable by it, but for this section, under this Book for that 12-month period, by the product determined by the formula

[(A - B)/A] × (C/D).

In the formula provided for in the first paragraph,

(a)  A is the proportion of the insurance corporation’s total payroll for the taxation year that 365 is of the number of days in the taxation year;

(b)  B is

i.  except where subparagraph ii or iii applies, the proportion of the insurance corporation’s total payroll for its taxation year, in this section referred to as the “base year”, that precedes the taxation year in which the insurance corporation began carrying on eligible activities, in respect of a major investment project relating to a recognized business, that 365 is of the number of days in the base year,

ii.  where the base year has fewer than 183 days and the insurance corporation has a taxation year, preceding the base year, that has more than 182 days, the amount that would be determined under subparagraph i if it applied to the total payroll of the insurance corporation for its last taxation year, preceding the base year, that has more than 182 days, or

iii.  where the taxation year in which the insurance corporation began carrying on eligible activities, in respect of a major investment project relating to a recognized business, is its first taxation year, an amount equal to zero;

(c)  C is the number of days in the insurance corporation’s eligibility period for the taxation year, in respect of a major investment project relating to a recognized business; and

(d)  D is the number of days in the taxation year.

However, the amount that an insurance corporation may deduct under the first paragraph for a 12-month period may not exceed the amount by which the insurance corporation’s tax payable under this Book for that 12-month period, computed before the application of this section, exceeds its tax payable under this Book for the last 12-month period referred to in section 1167 that ended before the beginning of the taxation year in which the insurance corporation began carrying on eligible activities, in respect of a major investment project relating to a recognized business.

2002, c. 9, s. 136; 2009, c. 5, s. 563.

1170.2. An insurance corporation may deduct an amount under this Book in computing its tax payable for a 12-month period that ends in a taxation year, pursuant to section 1170.1, only if it encloses with its fiscal return it is required to file under section 1000 for the year the prescribed form containing the prescribed information and a copy of the unrevoked initial qualification certificate issued to the corporation, in respect of a major investment project relating to a recognized business carried on in the year by the corporation, and of any valid annual qualification certificate issued for the year in respect of the major investment project.

2002, c. 9, s. 136.

1170.3. For the purposes of section 1170.2, where, at any time, an insurance corporation has acquired from another insurance corporation all or substantially all of a recognized business, and the Minister of Finance previously authorized the acquisition for the purposes of this Book, the initial qualification certificate issued to the other insurance corporation, in respect of a major investment project relating to the recognized business, is deemed to have been issued, from that time, to the insurance corporation.

2002, c. 9, s. 136.

1170.4. If, at a particular time, the activities carried on in Québec by an insurance corporation diminish or cease and it may reasonably be considered that, as a result, another insurance corporation begins, after the particular time, to carry on similar activities in the course of carrying on a recognized business, in relation to a major investment project, or increases the scope of similar activities carried on in the course of carrying on such a business, the total payroll attributable to those activities or portions of activities is not to be taken into account, for the purpose of determining the amount that the other insurance corporation may deduct from its tax payable under section 1170.1 for a 12-month period that ends in a taxation year, unless the activities are activities of a recognized business whose acquisition by the other insurance corporation was authorized by the Minister of Finance in accordance with section 1170.3.

2009, c. 5, s. 564.

1171. (1)  The Minister shall be informed of every insurance contract affecting property situated in Québec and made after 1 September 1947 with an insurance corporation that is not resident in Canada and has no office therein. Every person and officer, agent or employee of such person having knowledge of the facts, shall within 30 days notify the Minister in writing, under oath, of the amount of that insurance and of the amount of premiums which would have been required for such insurance had it been placed with an insurance corporation having an office or place of business in Québec.

(2)  The person contemplated in subsection 1 shall, upon filing the notice mentioned therein, pay to the Minister the amount which he would be entitled to receive from a corporation having an office or place of business in Québec had that insurance been placed with such corporation. When such insurance is effected directly by the possessor of the property, the notice shall be sent and the tax paid by him; when it is effected through an agent or broker, the notice shall be sent and the tax paid by that agent or broker.

1972, c. 23, s. 881; 1996, c. 39, s. 272; 1997, c. 3, s. 71; 1997, c. 85, s. 322.

1172. Every person who contravenes any provision of section 1171 incurs a penalty equal to twice the amount of the tax payable under that section.

1972, c. 23, s. 882; 1990, c. 4, s. 457; 1995, c. 63, s. 258.

1173. (Repealed).

1972, c. 23, s. 883; 1979, c. 38, s. 29.

BOOK III UNINSURED EMPLOYEE BENEFIT PLAN

1993, c. 19, s. 152.

1173.1. Every insurance corporation carrying on business in Québec shall pay, as tax on capital, for every taxation year, on every taxable premium paid in the year to the corporation or its agent in respect of a person resident in Québec at the time of payment, a tax equal to 2% of the taxable premium.

Where a taxable premium in respect of a particular uninsured employee benefit plan is not paid to an insurance corporation, that premium is deemed to be paid to the corporation that pays the premium in respect of the uninsured employee benefit plan.

In no case may the amount of the tax determined under the first paragraph to be paid by an insurance corporation, other than a corporation to which section 61 of the Act respecting international financial centres (chapter C-8.3) applies, be less than $600.

1993, c. 19, s. 152; 1993, c. 64, s. 201; 1997, c. 3, s. 71; 2002, c. 40, s. 323.

1173.2. The tax provided for in this Book does not apply

(a)  to the portion of a taxable premium, other than a taxable premium that is a fund of an uninsured employee benefit plan, that corresponds to the payment, by an insurance corporation, of an amount, paid by reason of the loss of all or part of the income from an office or employment and that is income from an office or employment for which a contribution established under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) or the Act respecting the Québec Pension Plan (chapter R-9) is paid; or

(b)  to any taxable premium which, after being paid to another insurance corporation, is a premium or another taxable premium, in the year or in any subsequent taxation year, in respect of which a tax is payable under this Part.

1993, c. 19, s. 152; 1993, c. 64, s. 202; 1997, c. 3, s. 71; 1998, c. 16, s. 248; 1999, c. 89, s. 53.

BOOK IV MISCELLANEOUS PROVISIONS

1993, c. 19, s. 152.

1173.3. Where an insurance corporation is required to pay, for a 12-month period ending in a taxation year, an amount determined under the second paragraph of section 1167 and, for that taxation year, the amount determined under the third paragraph of section 1173.1, the aggregate of all amounts payable under the said paragraphs shall be equal to $600.

1993, c. 19, s. 152; 1993, c. 64, s. 203; 1997, c. 3, s. 71.

1173.3.1. An insurance corporation that is required to pay an amount determined under the first paragraph of section 1167 is not required to pay the minimum amount determined under the third paragraph of section 1173.1.

An insurance corporation that is required to pay an amount determined under the first paragraph of section 1173.1 is not required to pay the minimum amount determined under the second paragraph of section 1167.

2002, c. 40, s. 324.

1173.4. For the purposes of this Part and sections 1000 to 1027 and 1037 to 1079.16, where those sections apply to this Part by reason of section 1175, an insurance corporation that is not a corporation is deemed to be a corporation and, for the purposes of Book III, its fiscal period is deemed to be its taxation year.

1993, c. 19, s. 152; 1993, c. 64, s. 203; 1995, c. 49, s. 236; 1997, c. 3, s. 71; 2005, c. 1, s. 290.

1174. Sections 1143 and 1144 apply, with the necessary modifications, to this Part.

Furthermore, the Government may make regulations to exempt, on such conditions as it may prescribe, an insurance corporation from paying taxes in respect of a class or a type of business.

1972, c. 23, s. 884; 1973, c. 18, s. 35; 1979, c. 38, s. 29; 1980, c. 13, s. 119; 1995, c. 63, s. 261; 1997, c. 3, s. 71.

1174.0.1. Section 1174 does not apply to Book III, except in respect of a prescribed insurance corporation or a prescribed taxable premium.

1993, c. 19, s. 153; 1997, c. 3, s. 71.

1174.0.2. Notwithstanding section 1174, where an insurance corporation is a fraternal benefit society, it is exempt from the tax payable under this Part only in respect of payable premiums other than premiums with respect to a life insurance business.

1993, c. 19, s. 153; 1997, c. 3, s. 71.

1174.0.3. No prescribed corporation for the purposes of subparagraph a of the first paragraph of section 1143 may deduct an amount under section 1170.1 in relation to a major investment project, unless such a project is one in respect of which an application to obtain that deduction, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

2005, c. 1, s. 291.

1174.1. Notwithstanding section 1174, where an insurance corporation is an insurer in respect of which section 999.0.1 applies, it shall be exempt from the tax provided for in this Part only in respect of premiums payable in consideration for insurance referred to in paragraph k of section 998.

1990, c. 59, s. 363; 1997, c. 3, s. 71.

1175. Except where inconsistent with this Part, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549 and sections 1000 to 1027.0.3 and 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1972, c. 26, s. 84; 1979, c. 38, s. 29; 1987, c. 21, s. 96; 1990, c. 7, s. 217; 1991, c. 8, s. 105; 1992, c. 1, s. 210; 1993, c. 19, s. 154; 1993, c. 64, s. 204; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 2005, c. 1, s. 292; 2006, c. 13, s. 223; 2009, c. 15, s. 446.

PART VI.1 TAX ON CAPITAL OF LIFE INSURERS

1997, c. 14, s. 286.

BOOK I INTERPRETATION

1997, c. 14, s. 286.

1175.1. In this Part,

“amount” has the meaning assigned by section 1;

“annual qualification certificate” has the meaning assigned by the first paragraph of section 737.18.14;

“Canadian reserve liabilities” has the meaning assigned by the regulations under section 818;

“carrying on business in Québec” has the meaning assigned by section 1166;

“eligibility period” has the meaning assigned by section 737.18.14;

“eligible activities” has the meaning assigned by the first paragraph of section 737.18.14;

“eligible employee” has the meaning assigned by section 1166;

“employee” has the meaning assigned by section 1;

“foreign insurance subsidiary” of a life insurer, at a particular time, means a corporation not resident in Canada that

(a)  carried on a life insurance business throughout its last taxation year ending at or before the particular time and did not carry on a life insurance business in Canada at any time in that taxation year; and

(b)  is at the particular time

i.  a subsidiary of the life insurer, and

ii.  not a subsidiary of any corporation that is resident in Canada, carried on a life insurance business in Canada at any time in its last taxation year ending at or before the particular time and is a subsidiary of the life insurer;

“life insurance business” has the meaning assigned by section 1;

“life insurer” has the meaning assigned by section 1;

“long-term debt” of a life insurer or of a foreign insurance subsidiary means its subordinated indebtedness, within the meaning assigned by subsection 1 of section 2 of the Insurance Companies Act (Statutes of Canada, 1991, chapter 47), evidenced by obligations issued for a term of not less than five years;

“major investment project” has the meaning assigned by the first paragraph of section 737.18.14;

“province” has the meaning assigned by section 1;

“recognized business” has the meaning assigned by the first paragraph of section 737.18.14;

“reserves”, in respect of a life insurer for a taxation year, means the amount at the end of the year of all of the life insurer’s

(a)  reserves, provisions and allowances, other than those in respect of depreciation or depletion and those for losses, in respect of a contract of lease or of leasing, that a life insurer carrying lease or leasing activities cannot deduct in computing its income under Part I; and

(b)  deferred taxes or future taxes, depending on the method followed by the life insurer;

“salary or wages” has the meaning assigned by section 1;

“subsidiary” of a corporation, in this definition referred to as the “parent corporation”, means a corporation not less than 90% of the issued and outstanding shares of each class of the capital stock of which belong to

(a)  the parent corporation;

(b)  a corporation that is a subsidiary of the parent corporation; or

(c)  any combination of corporations each of which is a corporation described in paragraph a or b;

“Superintendent of Financial Institutions”, in respect of a life insurer, means

(a)  the Superintendent of Financial Institutions for Canada, where the life insurer is required to report to that person; and

(b)  where the life insurer is incorporated under the laws of a province, the superintendent of insurance or other similar agent or authority of that province, or the Autorité des marchés financiers, according to the person to whom the life insurer is required to report;

“taxation year” has the meaning assigned by Part I;

“total payroll” has the meaning assigned by the first paragraph of section 1166;

“total reserve liabilities” of an insurer at the end of a taxation year means the aggregate amount of the insurer’s liabilities and reserves at the end of the year in respect of all its insurance policies, other than liabilities and reserves in respect of a segregated fund, as determined for the purposes of the Superintendent of Financial Institutions.

1997, c. 14, s. 286; 1997, c. 31, s. 141; 1998, c. 16, s. 249; 2000, c. 39, s. 260; 2001, c. 53, s. 256; 2002, c. 9, s. 137; 2002, c. 45, s. 520; 2004, c. 37, s. 90; 2007, c. 12, s. 304.

1175.2. For the purpose of determining any amount under this Part in respect of a corporation’s capital, taxable capital, taxable capital employed in Québec or taxable capital employed in Canada,

(a)  the equity and consolidation methods of accounting shall not be used; and

(b)  subject to paragraph a and except as otherwise provided in this Part, the amounts that shall be used are the amounts shown on the balance sheet

i.  presented to the shareholders of the corporation, in the case of a corporation other than a life insurer to which subparagraph ii applies or, where such a balance sheet was not prepared in accordance with generally accepted accounting principles or no such balance sheet was prepared, the amounts that would be shown if such a balance sheet had been prepared in accordance with generally accepted accounting principles, or

ii.  accepted by the Superintendent of Financial Institutions, in the case of a life insurer that is required to report to the Superintendent of Financial Institutions.

1997, c. 14, s. 286.

1175.3. A corporation that has already included or deducted an amount directly or indirectly in computing its capital, taxable capital, taxable capital employed in Québec or taxable capital employed in Canada for a taxation year is not required to include such amount again, or authorized, as the case may be, to deduct it again, either directly or indirectly, unless this Part expressly obliges or authorizes it to do so, or contains words that necessarily imply such obligation or authorization.

1997, c. 14, s. 286.

BOOK II LIABILITY FOR AND AMOUNT OF TAX

1997, c. 14, s. 286.

1175.4. Every life insurer that carries on business in Québec at any time in a taxation year shall pay a tax for the taxation year equal to the product obtained by multiplying 1.25% of its taxable capital employed in Québec by the proportion that the number of days in the taxation year after 9 May 1996 is of 365.

1997, c. 14, s. 286.

1175.4.1. Subject to sections 1175.4.2 to 1175.4.4, a life insurer carrying on a recognized business in a taxation year may deduct from its tax payable for the year under this Part, computed before the application of this section and section 1175.5, the amount obtained by multiplying the amount of that tax by the product determined by the formula

[(A - B)/A] × (C/D).

In the formula provided for in the first paragraph,

(a)  A is the proportion of the life insurer’s total payroll for the taxation year that 365 is of the number of days in the taxation year;

(b)  B is

i.  except where subparagraph ii or iii applies, the proportion of the life insurer’s total payroll for its taxation year, in this section referred to as the “base year”, that precedes the taxation year in which the life insurer began carrying on eligible activities, in respect of a major investment project relating to a recognized business, that 365 is of the number of days in the base year,

ii.  where the base year has fewer than 183 days and the life insurer has a taxation year, preceding the base year, that has more than 182 days, the amount that would be determined under subparagraph i if it applied to the life insurer’s total payroll for its last taxation year, preceding the base year, that has more than 182 days, or

iii.  where the taxation year in which the life insurer began carrying on eligible activities, in respect of a major investment project relating to a recognized business, is its first taxation year, an amount equal to zero;

(c)  C is the number of days in the life insurer’s eligibility period for the taxation year, in respect of a major investment project relating to a recognized business; and

(d)  D is the number of days in the taxation year.

However, the amount that a life insurer may deduct under the first paragraph for a particular taxation year may not exceed the amount by which its tax payable under this Part for the particular year, computed before the application of this section and section 1175.5 exceeds

(a)  except where subparagraph b or c applies, the proportion of the tax payable under this Part by the life insurer for the base year, computed before the application of section 1175.5, that the number of days in the particular year is of the number of days in the base year,

(b)  where the base year has fewer than 183 days and the life insurer has a taxation year, preceding the base year, that has more than 182 days, the amount that would be determined under subparagraph a if it applied to the life insurer’s tax payable under this Part, computed before the application of section 1175.5, for its last taxation year, preceding the base year, that has more than 182 days, or

(c)  where the taxation year in which the life insurer began carrying on eligible activities, in respect of a major investment project relating to a recognized business, is its first taxation year, zero.

2002, c. 9, s. 138; 2009, c. 5, s. 565.

1175.4.2. A life insurer may deduct an amount under this Part in computing its tax payable for a taxation year, pursuant to section 1175.4.1, only if it encloses with its fiscal return it is required to file under section 1000 for the year the prescribed form containing the prescribed information and a copy of the unrevoked initial qualification certificate issued to the life insurer, in respect of a major investment project relating to a recognized business carried on in the year by the life insurer, and of any valid annual qualification certificate issued for the year in respect of the major investment project.

In addition, a corporation that is exempt from tax for a taxation year under Book VIII of Part I, other than an insurer described in paragraph k of section 998 that is not so exempt from tax on the totality of its taxable income for the year by reason of section 999.0.1, shall not make any deduction for the year under section 1175.4.1 in relation to a major investment project, unless such a project is one in respect of which an application to obtain that deduction, accompanied by the required documents, was sent to the Minister of Finance before 11 March 2003.

2002, c. 9, s. 138; 2005, c. 1, s. 293.

1175.4.3. For the purposes of section 1175.4.2, where, at any time, a life insurer has acquired from another life insurer all or substantially all of a recognized business, and the Minister of Finance previously authorized the acquisition for the purposes of this Part, the initial qualification certificate issued to the other life insurer, in respect of a major investment project relating to the recognized business, is deemed to have been issued, from that time, to the life insurer.

2002, c. 9, s. 138.

1175.4.4. If, at a particular time, the activities carried on in Québec by a life insurer diminish or cease and it may reasonably be considered that, as a result, another life insurer begins, after the particular time, to carry on similar activities in the course of carrying on a recognized business, in relation to a major investment project, or increases the scope of similar activities carried on in the course of carrying on such a business, the total payroll attributable to those activities or portions of activities is not to be taken into account, for the purpose of determining the amount that the other life insurer may deduct from its tax payable under section 1175.4.1 for a taxation year, unless the activities are activities of a recognized business whose acquisition by the other life insurer was authorized by the Minister of Finance in accordance with section 1175.4.3.

2009, c. 5, s. 566.

1175.5. A life insurer may deduct from its tax otherwise payable under this Part for a taxation year, an amount equal to the amount by which its tax payable for the year under Part I exceeds the aggregate of all amounts each of which is an amount the life insurer is deemed, under Chapter III. 1 of Title III of Book IX of Part I, to have paid to the Minister as partial payment of its tax payable under Part I for the year.

1997, c. 14, s. 286.

BOOK III COMPUTATION OF TAXABLE CAPITAL

1997, c. 14, s. 286.

1175.6. In this Part, the taxable capital employed in Québec of a life insurer that is resident in Canada at any time in a taxation year is, for the year, the amount determined by the formula

A − (B + C).

For the purposes of the formula in the first paragraph,

(a)  A is the amount obtained by multiplying the aggregate of the capital of the life insurer for the taxation year and the amount determined for the year in respect of the capital of its foreign insurance subsidiaries by the proportion that the Canadian reserve liabilities of the life insurer at the end of the taxation year is of the aggregate of its total reserve liabilities at the end of the year and the amount determined for the year in respect of the total reserve liabilities of its foreign insurance subsidiaries;

(b)  B is the life insurer’s capital allowance for the taxation year; and

(c)  C is that proportion of the amount by which the amount determined under subparagraph a for the taxation year exceeds the amount referred to in subparagraph b that the business carried on by the life insurer in Canada but not in Québec for the taxation year is of the aggregate of its business carried on in Canada for the taxation year, as determined in accordance with the regulations;

(d)  (subparagraph repealed).

1997, c. 14, s. 286; 2001, c. 53, s. 257; 2010, c. 25, s. 224.

1175.7. In this Part, the taxable capital employed in Québec of a life insurer that throughout a taxation year is not resident in Canada is the amount by which

(a)  the amount by which its capital for the year exceeds its capital allowance for the year; exceeds

(b)  that proportion of the amount determined under paragraph a that its business carried on in Canada but not in Québec is of the aggregate of its business carried on in Canada, as determined in accordance with the regulations made pursuant to section 1175.6.

1997, c. 14, s. 286.

1175.8. In this Part, the capital of a life insurer that is resident in Canada at any time in a taxation year is the amount by which the aggregate of the following amounts exceeds the aggregate at the end of the year of the amount of its future tax assets balance and the amount of any deficit deducted in computing its net shareholders’ equity:

(a)  the amount of its long-term debt; and

(b)  the amount of its capital stock or, in the case of an insurer incorporated without share capital, the amount of its members’ contributions, plus the amount of its retained earnings, contributed surplus and any other surpluses.

1997, c. 14, s. 286; 2000, c. 39, s. 261; 2002, c. 40, s. 325.

1175.9. For the purposes of this Part, the capital of a life insurer that throughout a taxation year is not resident in Canada is the aggregate at the end of the taxation year of

(a)  the greater of

i.  the amount by which its surplus funds derived from operations, as defined by subparagraph l of the first paragraph of section 835, at the end of the year, computed as if no tax were payable under this Part or Parts I.3 and VI of the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)) for the year, exceeds the aggregate of all amounts each of which is

(1)  an amount on which it was required to pay tax under Part XIV of the Income Tax Act for a preceding taxation year, or would but for subsection 5.2 of section 219 of that Act have been required to pay such tax, except the portion of the amount on which tax was payable, or would have been payable, because of subparagraph i.1 of paragraph a of subsection 4 of section 219 of that Act, and

(2)  an amount on which it was required to pay, or would but for subsection 5.2 of section 219 of that Act have been required to pay, tax under subsection 5.1 of section 219 of the Income Tax Act for the year because of the transfer of an insurance business to which sections 832.3 and 832.7 apply, and

ii.  its attributed surplus, within the meaning assigned by the regulations made under section 818, for the year;

(b)  any other surpluses relating to its insurance businesses carried on in Canada; and

(c)  the amount of its long-term debt that may reasonably be regarded as relating to its insurance businesses carried on in Canada;

(d)  (paragraph repealed).

1997, c. 14, s. 286; 1998, c. 16, s. 250; 2001, c. 7, s. 168; 2001, c. 53, s. 258; 2010, c. 25, s. 225.

1175.10. For the purposes of subparagraph a of the second paragraph of section 1175.6, the amount determined for a particular taxation year in respect of the capital of the foreign insurance subsidiaries of a life insurer is equal to the aggregate of all amounts each of which is, in respect of a foreign insurance subsidiary of the life insurer, the amount by which the amount that would, had the subsidiary been resident in Canada throughout its last taxation year ending at or before the end of the particular taxation year, have been its capital for that year exceeds the aggregate of all amounts each of which is

(a)  an amount included in computing that capital in respect of a share of the subsidiary’s capital stock or its long-term debt that was owned by

i.  the life insurer,

ii.  a subsidiary of the life insurer,

iii.  a corporation that is resident in Canada, that carried on a life insurance business in Canada at any time in its last taxation year ending at or before the end of the life insurer’s taxation year, and that is

(1)  a corporation of which the life insurer is a subsidiary, or

(2)  a subsidiary of a corporation described in subparagraph 1,

iv.  a subsidiary of a corporation described in subparagraph iii; or

(b)  an amount included in computing that capital in respect of any surplus of the subsidiary contributed by a corporation described in any of subparagraphs i to iv of paragraph a, other than an amount referred to in paragraph a.

1997, c. 14, s. 286.

1175.11. For the purposes of subparagraph a of the second paragraph of section 1175.6, the amount determined for a taxation year in respect of the total reserve liabilities of the foreign insurance subsidiaries of a life insurer is the aggregate of all amounts each of which would be the total reserve liabilities of such a subsidiary at the end of the subsidiary’s last taxation year ending at or before the end of the life insurer’s taxation year if the subsidiary were required to report to the Superintendent of Financial Institutions for that year.

1997, c. 14, s. 286.

1175.12. For the purposes of this Part, the capital allowance for a taxation year of a life insurer that carries on business in Canada at any time in the year is the total of

(a)  $10,000,000;

(b)  1/2 of the amount by which the lesser of the following amounts exceeds $10,000,000:

i.  $50,000,000, and

ii.  its taxable capital employed in Canada for the year;

(c)  1/4 of the amount by which the lesser of the following amounts exceeds $50,000,000:

i.  $100,000,000, and

ii.  its taxable capital employed in Canada for the year;

(d)  1/2 of the amount by which the lesser of the following amounts exceeds $200,000,000:

i.  $300,000,000, and

ii.  its taxable capital employed in Canada for the year; and

(e)  3/4 of the amount by which its taxable capital employed in Canada for the year exceeds $300,000,000.

Notwithstanding the first paragraph, where a life insurer is related at the end of a taxation year to another life insurer that carries on business in Canada, its capital allowance for the taxation year is, subject to sections 1175.13, 1175.15 and 1175.16, nil.

1997, c. 14, s. 286.

1175.13. A life insurer that carries on business in Canada at any time in a taxation year and is related at the end of the year to another life insurer that carries on business in Canada may file with the Minister, on behalf of the related group of life insurers of which the life insurer is a member, an agreement in prescribed form under which an amount that does not exceed the total of the following amounts is allocated for the year among the members of the related group:

(a)  $10,000,000;

(b)  1/2 of the amount by which the lesser of the following amounts exceeds $10,000,000:

i.  $50,000,000, and

ii.  the total of all amounts each of which is the taxable capital employed in Canada of a life insurer for the year that is a member of the related group;

(c)  1/4 of the amount by which the lesser of the following amounts exceeds $50,000,000:

i.  $100,000,000, and

ii.  the total of all amounts each of which is the taxable capital employed in Canada of a life insurer for the year that is a member of the related group;

(d)  1/2 of the amount by which the lesser of the following amounts exceeds $200,000,000:

i.  $300,000,000, and

ii.  the total of all amounts each of which is the taxable capital employed in Canada of a life insurer for the year that is a member of the related group; and

(e)  3/4 of the amount by which the total of all amounts each of which is the taxable capital employed in Canada of a life insurer for the year that is a member of the related group, exceeds $300,000,000.

1997, c. 14, s. 286.

1175.14. For the purposes of sections 1175.12 and 1175.13, the taxable capital employed in Canada of a life insurer for a taxation year is, in the case of a life insurer that is resident in Canada at any time in the taxation year, the amount obtained by multiplying the aggregate of the capital of the life insurer for the taxation year and the amount determined for the year in respect of the capital of its foreign insurance subsidiaries by the proportion that the Canadian reserve liabilities of the life insurer at the end of the taxation year is of the aggregate of its total reserve liabilities at the end of the year and the amount determined for the year in respect of the total reserve liabilities of its foreign insurance subsidiaries.

For the purposes of sections 1175.12 and 1175.13, the taxable capital employed in Canada of a life insurer for a taxation year is, in the case of a life insurer that, throughout a taxation year, is not resident in Canada, its capital for the taxation year.

1997, c. 14, s. 286; 2001, c. 53, s. 259; 2010, c. 25, s. 226.

1175.15. The Minister may request a life insurer that carries on business in Canada at any time in a taxation year and, at the end of the year, is related to another life insurer that carries on business in Canada to file with the Minister an agreement described in section 1175.13 and, if the life insurer does not file the agreement within 30 days after receiving the request, the Minister may allocate among the members of the related group of life insurers of which the life insurer is a member for the year an amount not exceeding the total that would otherwise be determined under paragraphs a to e of section 1175.13 in respect of the related group.

1997, c. 14, s. 286.

1175.16. For the purposes of this Part, the capital allowance for a taxation year of a member of a related group of life insurers is equal to the least amount allocated to that member for that year under an agreement described in section 1175.13 or by the Minister in accordance with section 1175.15.

1997, c. 14, s. 286.

1175.17. Where a corporation, in this section referred to as the “first corporation”, has more than one taxation year ending in the same calendar year and is related in two or more of those taxation years to another corporation that has a taxation year ending in that calendar year, the capital allowance of the first corporation for each such taxation year at the end of which it is related to the other corporation is, for the purposes of this Part, an amount equal to its capital allowance for the first such taxation year.

1997, c. 14, s. 286.

1175.18. For the purposes of this Part, two corporations that would, but for this section, be related to each other solely because of the control of any corporation by the State or Her Majesty in right of Canada or a province, other than Québec, or a right referred to in paragraph b of section 20, shall be deemed not to be related to each other.

However, where at any time a taxpayer acquires a right referred to in paragraph b of section 20 and it may reasonably be considered that one of the main purposes of the acquisition of the right was to avoid any limitation on the amount of a corporation’s capital allowance for a taxation year, for the purpose of determining whether, for the purposes of this Part, a corporation is related to any other corporation, the taxpayer is deemed to have acquired, at that time, the shares giving entitlement to the right.

1997, c. 14, s. 286; 1998, c. 16, s. 251; 2001, c. 7, s. 169.

BOOK IV MISCELLANEOUS PROVISIONS

1997, c. 14, s. 286.

1175.19. Except where inconsistent with this Part, sections 7.14, 11, 11.1, 11.3 and 17 to 21, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549 and sections 1000 to 1027.0.3, 1037 to 1079.16 and 1134 apply, with the necessary modifications, to this Part.

1997, c. 14, s. 286; 2005, c. 1, s. 294; 2006, c. 13, s. 224; 2009, c. 15, s. 447.

PART VI.1.1 SPECIAL TAX RELATING TO A CAPITAL TAX CREDIT

2005, c. 38, s. 333.

1175.19.1. In this Part,

“filing-due date” has the meaning assigned by section 1;

“fiscal period” has the meaning assigned by Part I;

“taxation year” has the meaning assigned by Part I.

2005, c. 38, s. 333; 2006, c. 36, s. 264; 2007, c. 12, s. 288.

1175.19.2. Every corporation that, in relation to the aggregate of the costs referred to in the first paragraph of section 1135.1 for any taxation year and incurred in respect of property described in any of sections 1135.3 to 1135.3.1, has deducted, under section 1135.1 or 1135.2, an amount in computing its tax otherwise payable under Part IV for a particular taxation year, shall pay the tax computed under the second paragraph, for a subsequent taxation year, in this section referred to as the “repayment year”, if

(a)  an amount relating to the portion of those costs that was incurred by the corporation is, in the repayment year, directly or indirectly, refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation; or

(b)  an amount relating to the portion of those costs that was incurred by a partnership of which the corporation is a member at the end of that partnership’s fiscal period that ends in the repayment year, is, in that fiscal period, directly or indirectly, refunded or otherwise paid to the partnership or corporation or allocated to a payment to be made by the partnership or corporation.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is, in relation to the costs referred to in the first paragraph, an amount that the corporation would have deducted under section 1135.1 or 1135.2 for a particular taxation year preceding the repayment year, if the corporation’s share of the income or loss of any partnership of which it was a member at the end of the partnership’s fiscal period that ends in the particular taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year, exceeds the total of

(a)  the aggregate of all amounts each of which is, in relation to those costs, an amount that the corporation would have deducted under section 1135.1 or 1135.2 for a particular taxation year preceding the repayment year, if

i.  any amount that is, at or before the end of the repayment year, so refunded, paid or allocated, in relation to the portion of those costs that was incurred by the corporation, had been refunded, paid or allocated in the particular taxation year,

ii.  any amount that is, at or before the end of the fiscal period of a partnership of which the taxpayer is a member ending in the repayment year, so refunded, paid or allocated, in relation to the portion of those costs that was incurred by the partnership, had been refunded, paid or allocated in the partnership’s fiscal period that ends in the particular taxation year, and

iii.  the corporation’s share of the income or loss of any partnership for the partnership’s fiscal period that ends in the particular taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year; and

(b)  the aggregate of all amounts each of which is a tax that the corporation should have paid to the Minister under this section, in relation to those costs, for a taxation year preceding the repayment year, if the corporation’s share of the income or loss of any partnership for the partnership’s fiscal period that ends in the preceding taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year.

For the purposes of the second paragraph, an amount referred to in subparagraph ii of subparagraph a of that paragraph that is refunded or otherwise paid to the corporation or allocated to a payment to be made by the corporation is deemed to be an amount

(a)  that is refunded or otherwise paid to the partnership or allocated to a payment to be made by the partnership; and

(b)  that is determined by multiplying the amount refunded, paid or allocated, otherwise determined, by the reciprocal of the agreed proportion in respect of the corporation for the partnership’s fiscal period that ends in the repayment year.

2005, c. 38, s. 333; 2006, c. 36, s. 265; 2007, c. 12, s. 289; 2009, c. 5, s. 567; 2009, c. 15, s. 448.

1175.19.2.1. For the purposes of section 1175.19.2, the amount determined in accordance with the second paragraph, in respect of a property described in any of sections 1135.3 to 1135.3.1 that a corporation has acquired in any given taxation year or that a partnership has acquired in a fiscal period that ends in any given taxation year, is deemed to be refunded to the corporation in a taxation year subsequent to the given taxation year (in this section referred to as the “repayment year”) or refunded to the partnership in a fiscal period of the partnership that ends in the repayment year if, at a particular time in the period described in the third paragraph, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec,

(a)  if the property is described in section 1135.3 or 1135.3.0.1 or paragraph b of section 1135.3.1, to earn income from a business carried on

i.  by the first purchaser of the property and that time is in the portion of that period in which the first purchaser owns the property, or

ii.  by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, and that time is in the portion of that period in which the subsequent purchaser owns the property; or

(b)  if the property is described in paragraph a of section 1135.3.1, in connection with the activities, described in subparagraph ii of paragraph a of section 1135.3.1, of a business carried on

i.  by the first purchaser of the property and that time is in the portion of that period in which the first purchaser owns the property, or

ii.  by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and that time is in the portion of that period in which the subsequent purchaser owns the property.

The amount to which the first paragraph refers is equal to the amount by which the aggregate of the costs incurred by the corporation to acquire the property in the given taxation year, or incurred by the partnership to acquire the property in the fiscal period that ends in the given taxation year, exceeds the aggregate of all amounts each of which is an amount relating to those costs that, in a taxation year preceding the repayment year but subsequent to the given taxation year, or in a fiscal period of the partnership that ends in such a year, was refunded, otherwise paid or allocated to a payment to be made by the corporation or partnership.

The period to which the first paragraph refers is the period that begins on the day after the corporation’s filing-due date for the taxation year preceding the repayment year and ends on the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser of the property or by a subsequent purchaser that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, or, if it precedes the day that is the end of the 730-day period, the corporation’s filing-due date for the repayment year.

No tax is payable for a taxation year under section 1175.19.2 in respect of any given amount that is refunded or otherwise paid to the corporation or to a partnership of which the corporation is a member at the end of the partnership’s fiscal period that ends in the taxation year, or that is allocated to a payment to be made by the corporation or partnership, if the given amount is included in an amount that is deemed to have been refunded under this section in that taxation year or a preceding taxation year, or in a fiscal period of the partnership that ends in that taxation year or a preceding taxation year.

2006, c. 36, s. 266; 2007, c. 12, s. 290; 2009, c. 5, s. 568; 2009, c. 15, s. 449.

1175.19.2.2. The tax paid at any time by a corporation to the Minister under this Part in relation to a property, is deemed, for the purposes of Part I, to be an amount of assistance repaid at that time by the corporation in respect of the property, pursuant to a legal obligation.

2006, c. 36, s. 266; 2009, c. 15, s. 450.

1175.19.3. Except where inconsistent with this Part, sections 17 to 21, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 and 1129.0.0.2 apply, with the necessary modifications, to this Part.

2005, c. 38, s. 333; 2006, c. 13, s. 226; 2007, c. 12, s. 291.

PART VI.2 SPECIAL TAX RELATING TO A DEDUCTION IN COMPUTING PAID-UP CAPITAL

1997, c. 85, s. 323.

1175.20. In this Part,

“eligible acquisition costs” has the meaning assigned by Part IV;

“eligible conversion costs” has the meaning assigned by Part IV;

“eligible vessel” has the meaning assigned by Part IV;

“filing-due date” has the meaning assigned by section 1;

“fiscal period” has the meaning assigned by Part I;

“taxation year” has the meaning assigned by Part I.

1997, c. 85, s. 323; 1999, c. 83, s. 270; 2007, c. 12, s. 304.

1175.21. Every corporation that, in relation to a property described in the first paragraph of section 1137.5, has deducted, for a particular taxation year, an amount under paragraph b.3 or b.4 of section 1137 and, if the corporation is a member of a partnership, because of subsection 3 of section 1136, in computing its paid-up capital determined under Part IV for the purpose of computing the tax payable by the corporation for the particular year under that Part, shall pay the tax computed under the second paragraph, for a subsequent taxation year, in this section referred to as the “repayment year”, in which

(a)  an amount relating to costs incurred to acquire the property, or to its share of such costs, in respect of which the corporation has deducted an amount for a taxation year preceding the repayment year is, directly or indirectly, refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation; or

(b)  ends a fiscal period of the partnership in which an amount relating to costs incurred by the partnership to acquire the property, in respect of which the corporation has deducted, in relation to its share of those costs, an amount for a taxation year preceding the repayment year is, directly or indirectly, refunded or otherwise paid to the partnership, or allocated to a payment to be made by the partnership.

The tax to which the first paragraph refers is equal to the amount by which the amount determined in accordance with the third paragraph is exceeded by the aggregate of all amounts each of which is the amount by which the amount of the tax that would have been payable by the corporation under Part IV for a particular taxation year preceding the repayment year and in respect of which the corporation has deducted an amount relating to costs incurred to acquire the property referred to in the first paragraph, or to its share of such costs, if every amount that, at or before the end of the repayment year or of the fiscal period that ended in the repayment year, as the case may be, is so refunded, paid or allocated, in relation to those costs, had been refunded, paid or allocated in that particular taxation year or in the fiscal period that ended in the particular taxation year, as the case may be, and in the case where the property was acquired by the partnership referred to in the first paragraph, if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that particular taxation year and the income or loss of the partnership for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year, exceeds the amount of the tax payable by the corporation under Part IV for that particular taxation year or, in the case where the property was acquired by the partnership referred to in the first paragraph, that would have been payable by the corporation under that Part if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that particular taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year.

The amount to which the second paragraph refers is equal to the aggregate of all amounts each of which is a tax payable by the corporation to the Minister under this section, in respect of the costs incurred to acquire the property referred to in the first paragraph, for a taxation year preceding the repayment year or that would have been so payable, in the case where the property was acquired by the partnership referred to in the first paragraph, if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that preceding taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year.

However, no tax is payable under this section, in relation to costs incurred to acquire the property referred to in the first paragraph, if section 1175.21.0.1 applies in respect of the property for the repayment year or applied in respect of the property for a preceding taxation year.

1997, c. 85, s. 323; 2000, c. 39, s. 264; 2003, c. 9, s. 433; 2007, c. 12, s. 292.

1175.21.0.1. Every corporation that, in relation to a property described in the first paragraph of section 1137.5, has deducted, for any taxation year, an amount under paragraph b.3 or b.4 of section 1137 and, if it is a member of a partnership, because of subsection 3 of section 1136, in computing its paid-up capital determined under Part IV for the purpose of computing the tax payable by the corporation for that year under that Part, shall pay the tax computed under the second paragraph for a particular taxation year, if

(a)  at any time between the corporation’s filing-due date for the taxation year preceding the particular year and the day after the day that is the end of the period of 730 days following the beginning of the use of the property by the first purchaser of the property or by a subsequent purchaser that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act (chapter I-3, r. 1) applies, or, if it precedes the day that is the end of that period, the filing-due date, for the particular year, of the purchaser that owns the property at the end of the particular year, the property ceases, otherwise than by reason of its loss, of its involuntary destruction by fire, theft or water, or of a major breakdown of the property, to be used solely in Québec to earn income from a business carried on

i.  by the first purchaser of the property and if that time is also in the portion of that period in which the first purchaser owns the property, or

ii.  by a subsequent purchaser of the property that acquired the property in any of the circumstances in which section 130R149 of the Regulation respecting the Taxation Act applies, and if that time is also in the portion of that period in which the subsequent purchaser owns the property; or

(b)  the qualification certificate issued in relation to an activity described in subparagraph d of the second paragraph of section 1137.5 for the carrying on of which the property described in subparagraph c of the first paragraph of section 1137.5 was acquired, is revoked on or before the corporation’s filing-due date for the particular year.

The tax to which the first paragraph refers is equal to the amount by which the amount determined in accordance with the third paragraph is exceeded by the aggregate of all amounts each of which is the amount by which the amount of the tax that would have been payable by the corporation under Part IV for a taxation year preceding the particular year if the corporation had not deducted, for that preceding year, in relation to the costs incurred to acquire the property referred to in the first paragraph, or to its share of such costs, an amount under paragraph b.3 or b.4 of section 1137 and, if it is a member of a partnership, because of subsection 3 of section 1136, in computing its paid-up capital determined under Part IV and if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that preceding taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the particular year, exceeds the amount of the tax payable by the corporation under Part IV for that preceding taxation year or, in the case where the property was acquired by the partnership, that would have been payable by the corporation under that Part if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that preceding taxation year and the income or loss of the partnership for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the particular year.

The amount to which the second paragraph refers is equal to the aggregate of all amounts each of which is a tax payable by the corporation to the Minister, in respect of the costs incurred to acquire the property referred to in the first paragraph, under section 1175.21, for a taxation year preceding the particular year or that would have been so payable, in the case where the property was acquired by the partnership referred to in the second paragraph, if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that preceding taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the particular year.

2007, c. 12, s. 293; 2009, c. 15, s. 451.

1175.21.1. Every corporation that, in relation to an eligible vessel, has deducted, for a particular taxation year, an amount under paragraph b.2 or b.2.1 of section 1137 and, if the corporation is a member of a partnership, because of subsection 3 of section 1136, in computing its paid-up capital determined under Part IV for the purpose of computing the tax payable by the corporation for the particular year under that Part, shall pay the tax computed under the second paragraph, for a subsequent taxation year, in this section referred to as the “repayment year”, in which

(a)  an amount relating to the eligible acquisition costs or the eligible conversion costs of the eligible vessel, or to its share of such costs, in respect of which the corporation has deducted an amount for a taxation year preceding the repayment year is, directly or indirectly, refunded or otherwise paid to the corporation, or allocated to a payment to be made by the corporation; or

(b)  ends a fiscal period of the partnership in which an amount relating to the eligible acquisition costs or the eligible conversion costs, as the case may be, of the eligible vessel of the partnership, in respect of which the corporation has deducted, in respect of its share of those costs, an amount for a taxation year preceding the repayment year is, directly or indirectly, refunded or otherwise paid to the partnership, or allocated to a payment to be made by the partnership.

The tax to which the first paragraph refers is equal to the amount by which the amount determined in accordance with the third paragraph is exceeded by the aggregate of all amounts each of which is the amount by which the amount of the tax that would have been payable by the corporation under Part IV for a particular taxation year preceding the repayment year and in respect of which the corporation has deducted an amount relating to the eligible acquisition costs or the eligible conversion costs of the eligible vessel, or to its share of such costs, if every amount that, at or before the end of the repayment year or of the fiscal period that ended in the repayment year, as the case may be, is so refunded, paid or allocated, in relation to those costs, had been refunded, paid or allocated in that particular taxation year or in the fiscal period that ended in the particular taxation year, as the case may be, and in the case where the costs were incurred by the partnership referred to in the first paragraph, if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that particular taxation year and the income or loss of the partnership for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year, exceeds the amount of the tax payable by the corporation under Part IV for that particular taxation year or, in the case where the costs were incurred by the partnership referred to in the first paragraph, that would have been payable by the corporation under that Part if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that particular taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year.

The amount to which the second paragraph refers is equal to the aggregate of all amounts each of which is a tax payable by the corporation to the Minister under this section, in respect of the eligible acquisition costs or the eligible conversion costs of the eligible vessel, for a taxation year preceding the repayment year or that would have been so payable, in the case where the costs were incurred by the partnership referred to in the first paragraph, if the corporation’s share of the income or loss of the partnership for the partnership’s fiscal period that ends in that preceding taxation year and the partnership’s income or loss for that fiscal period had been the same as those for the partnership’s fiscal period that ends in the repayment year.

1999, c. 83, s. 271; 2007, c. 12, s. 294.

1175.21.2. The tax paid to the Minister by a corporation at any time in a taxation year under this Part is deemed, for the purposes of Title III of Book III of Part I and the definition of “total taxes” in the first paragraph of section 1029.8.36.167, to be a tax paid by the corporation under Part IV for that taxation year.

2006, c. 36, s. 267.

1175.22. Except where inconsistent with this Part, sections 17 to 21, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 85, s. 323; 1999, c. 83, s. 272.

PART VI.3 SPECIAL TAX RELATING TO A MAJOR INVESTMENT PROJECT

2002, c. 9, s. 139.

1175.23. In this Part,

“fiscal period” has the meaning assigned by Part I;

“major investment project” has the meaning that would be assigned by the first paragraph of section 737.18.14 if the word “corporation”, wherever it appears, were replaced by the word “person” ;

“person” has the meaning assigned by section 1;

“taxation year” has the meaning assigned by Part I.

2002, c. 9, s. 139; 2007, c. 12, s. 304.

1175.24. Where the initial qualification certificate issued by the Minister of Finance in respect of a major investment project is revoked, any person in respect of whom an amount has been determined under section 94.0.3.2 of the Act respecting the Ministère du Revenu (chapter M-31), in relation to the major investment project, shall pay, for the person’s taxation year in which the certificate was revoked, a tax equal to that amount.

2002, c. 9, s. 139.

1175.25. Where the initial qualification certificate issued by the Minister of Finance in respect of a major investment project is revoked and an amount has been determined, in respect of a partnership, under section 94.0.3.3 of the Act respecting the Ministère du Revenu (chapter M-31), in relation to the major investment project, any person that is a member of the partnership at the end of the partnership’s fiscal period in which the certificate is revoked, shall pay, for the person’s taxation year in which the fiscal period ends, a tax equal to the person’s share of that amount.

For the purposes of the first paragraph, a person’s share of an amount is equal to the agreed proportion of the amount in respect of the person for the partnership’s fiscal period.

2002, c. 9, s. 139; 2009, c. 15, s. 452.

1175.26. Where a qualification certificate issued by the Minister of Finance, in relation to a major investment project, in respect of a calendar year is revoked in a particular taxation year of a person and, in relation to the major investment project, that person deducted an amount in computing the person’s taxable income under section 737.18.17, or in computing the person’s paid-up capital under section 1138.2.2 or 1141.8, reduced the person’s tax payable under Part VI pursuant to section 1170.1, or under Part VI.1 pursuant to section 1175.4.1, or paid or is deemed to have paid wages in respect of which no contribution was payable under the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) because of subparagraph d of the seventh paragraph of section 34 of that Act, the person shall pay for the particular taxation year a tax equal to the aggregate of

(a)  the aggregate of all amounts each of which is the amount by which the tax, in the third and fourth paragraphs referred to as the “notional tax”, that would have been payable by the person under Part I for a taxation year preceding the particular year, if, in relation to the amount deducted in computing the person’s taxable income, the revocation had been taken into account, exceeds the tax determined by the Minister, in the third paragraph referred to as the “real tax”, that is payable by the person under that Part for that preceding year;

(b)  the aggregate of all amounts each of which is the amount by which the tax, in the third and fourth paragraphs referred to as the “notional tax on capital”, that would have been payable by the person under Part IV, VI or VI.1, for a taxation year preceding the particular year or a 12-month period ending in the preceding taxation year, as the case may be, if, in relation to the amount deducted in computing the person’s paid-up capital or to the reduction of the person’s tax payable under Part VI or VI.1, the revocation had been taken into account, exceeds the tax determined by the Minister, in the third paragraph referred to as the “real tax on capital”, that is payable by the person under Part IV, VI or VI.1 for that preceding year or that 12-month period; and

(c)  the amount by which the amount of contribution payable by the person, taking the revocation into account, under section 34 of the Act respecting the Régie de l’assurance maladie du Québec, in respect of the wages paid or deemed to be paid in the calendar year, exceeds the amount of the contribution payable by the person, but for the revocation, under that section 34 in respect of those wages, except to the extent that that excess amount has become otherwise payable by the person.

Similarly, a person shall pay, for a particular taxation year, where the initial qualification certificate issued or deemed to be issued by the Minister of Finance, in respect of a major investment project, is revoked at any time in the particular year, a tax equal to the aggregate of all amounts each of which is the tax that would be payable by that person, under the first paragraph, for the particular year, if each qualification certificate valid at that time, issued by the Minister of Finance, in respect of a calendar year, in relation to the major investment project, were revoked in the particular year.

If an amount, in this paragraph and in the fourth paragraph referred to as the “increased amount”, in respect of which the person could claim a deduction under a particular provision of this Act in computing the person’s taxable income or tax payable under Part I, or in computing the person’s paid-up capital or tax payable under Part IV, for a preceding taxation year referred to in subparagraph a or b of the first paragraph, in this paragraph and in the fourth paragraph referred to as the “computation year”, for the purpose of determining the person’s notional tax or notional tax on capital, as the case may be, for the computation year, is greater than the amount, in this paragraph and in the fourth paragraph referred to as the “deducted amount”, that the person deducted under the particular provision for the purpose of determining the person’s real tax or real tax on capital, as the case may be, for the computation year, the increased amount rather than the deducted amount may be taken into account, for the purpose of determining the person’s notional tax or notional tax on capital, as the case may be, for the computation year, if

(a)  the person so requests in writing to the Minister; and

(b)  it may reasonably be considered that the amount by which the increased amount exceeds the deducted amount has not been deducted under the particular provision or another provision of this Act for the purpose of determining the person’s tax payable under Part I or the person’s tax payable under Part IV for any other taxation year, nor for the purpose of determining a tax of the person for any taxation year that is similar in nature to the person’s notional tax or notional tax on capital and is provided for in another portion of this Act.

If the third paragraph applies, the amount by which the increased amount exceeds the deducted amount is deemed,

(a)  for the purpose of determining the person’s notional tax for any taxation year subsequent to the computation year and for the application of Part I to the particular taxation year and to any subsequent taxation year, to have been deducted under the particular provision in computing the person’s taxable income or tax payable under Part I for the computation year; or

(b)  for the purpose of determining the person’s notional tax on capital for any taxation year subsequent to the computation year, for the application of Part IV to the particular taxation year and to any subsequent taxation year and for the application of Parts VI.1.1 and VI.2 to any taxation year subsequent to the computation year, to have been deducted under the particular provision in computing the person’s paid-up capital or tax payable under Part IV for the computation year.

2002, c. 9, s. 139; 2002, c. 40, s. 326; 2006, c. 36, s. 268.

1175.27. Where a qualification certificate issued by the Minister of Finance, in relation to a major investment project, in respect of a calendar year is revoked in a fiscal period of a partnership ending in a particular taxation year of a person who is a member of the partnership at the end of that fiscal period and, in relation to the major investment project, the partnership has paid or is deemed to have paid for a pay period included in the calendar year wages, that person shall pay for the particular taxation year a tax equal to the person’s share of the amount by which the amount of the contribution payable by the partnership, taking the revocation into account, under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), in respect of the wages paid or deemed to be paid in the calendar year, exceeds the amount of the contribution payable by the partnership, but for the revocation, under that section 34, in respect of those wages, except to the extent that that excess amount has become otherwise payable by the partnership.

Similarly, where the initial qualification certificate issued or deemed to have been issued by the Minister of Finance to a partnership, in relation to a major investment project, is revoked at any time in a fiscal period of the partnership ending in a particular taxation year of a person who is a member of the partnership at the end of that fiscal period, that person shall pay for the particular year a tax equal to the aggregate of all amounts each of which is the tax that would be payable by that person, under the first paragraph, for the particular year, if each qualification certificate valid at that time, issued by the Minister of Finance, in respect of a calendar year, in relation to the major investment project, were revoked in the fiscal period.

For the purposes of the first paragraph, a person’s share of an amount is equal to the agreed proportion of the amount in respect of the person for the partnership’s fiscal period.

2002, c. 9, s. 139; 2006, c. 36, s. 269; 2009, c. 15, s. 453.

1175.27.1. If, at any time in a taxation year, a person pays tax to the Minister under any of sections 1175.24 to 1175.27, the following rules apply:

(a)  in the case of section 1175.24, the portion of that tax that corresponds to the amount determined under subparagraph b or c of the first paragraph of section 94.0.3.2 of the Act respecting the Ministère du Revenu (chapter M-31) is deemed, for the purposes of Title III of Book III of Part I, to be an amount of assistance repaid at that time by the person pursuant to a legal obligation;

(b)  in the case of section 1175.25, that tax is deemed, for the purposes of Title III of Book III of Part I, to be an amount of assistance repaid at that time by the partnership referred to in that section pursuant to a legal obligation;

(c)  in the case of section 1175.26,

i.  the portion of that tax that is determined under subparagraph a of the first paragraph of that section, or under the second paragraph of that section because of that subparagraph, is deemed, for the purposes of the definition of “total taxes” in the first paragraph of section 1029.8.36.167, to be a tax that the person pays under Part I for that taxation year,

ii.  the portion of that tax that is determined under subparagraph b of the first paragraph of that section, or under the second paragraph of that section because of that subparagraph, is deemed, for the purposes of Title III of Book III of Part I and the definition of “total taxes” in the first paragraph of section 1029.8.36.167, to be a tax that the person pays under Part IV, VI or VI.1 for that taxation year, and

iii.  the portion of that tax that is determined under subparagraph c of the first paragraph of that section, or under the second paragraph of that section because of that subparagraph, is deemed, for the purposes of Title III of Book III of Part I, to be an amount that the person pays for that taxation year as a contribution under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5); and

(d)  in the case of section 1175.27, that tax is deemed, for the purposes of Title III of Book III of Part I, to be an amount that the partnership referred to in that section pays for its fiscal period that includes that time as a contribution under section 34 of the Act respecting the Régie de l’assurance maladie du Québec.

2006, c. 36, s. 270.

1175.28. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2002, c. 9, s. 139.

PART VI.3.1 SPECIAL TAX RELATING TO THE REVOCATION OR REPLACEMENT OF CERTIFICATES OR SIMILAR DOCUMENTS

2006, c. 36, s. 271.

1175.28.1. In this Part, unless the context indicates otherwise,

“fiscal period” has the meaning assigned by Part I;

“person” has the meaning assigned by Part I;

“taxation year” has the meaning assigned by Part I.

2006, c. 36, s. 271; 2007, c. 12, s. 304.

1175.28.2. For the purposes of this Part, a document enclosed with a favourable advance ruling or with a certificate, a qualification certificate or another similar document is considered, if it is not in itself a favourable advance ruling or a certificate, a qualification certificate or another similar document, to be an integral part of the document with which it is enclosed.

2006, c. 36, s. 271.

1175.28.3. For the purposes of this Part, the following rules apply:

(a)  the favourable advance ruling given in respect of a property for the purposes of any of Divisions II to II.6.15 of Chapter III.1 of Title III of Book IX of Part I is deemed to be revoked at a particular time if

i.  the favourable advance ruling ceases to be in force at that time and no certificate or qualification certificate is issued in respect of the property for the purposes of that division, or

ii.   the certificate or qualification certificate issued in respect of the property for the purposes of that division is revoked at that time; and

(b)  if the issue of a certificate or qualification certificate, in this paragraph referred to as the “initial document”, is a condition that must be met, directly or indirectly, to allow the issue of another certificate or qualification certificate, in this paragraph referred to as the “other document”, and the initial document is revoked without the other document being revoked at the same time, the other document, to the extent that it relates to a period for which the revocation is effective, is deemed, unless it is necessary to allow an individual, because the individual is an employee within the meaning of section 1, to deduct an amount in computing the individual’s taxable income for the purposes of Part I, to be revoked at the time the initial document is revoked and to be a document to which the same revocation notice applies.

2006, c. 36, s. 271.

1175.28.4. For the purposes of this Part, if a favourable advance ruling or a certificate, a qualification certificate or another similar document is, without being replaced, modified at a particular time by the revocation or replacement of a portion of that document or in any other manner, the document before the modification and the document as modified are deemed to be separate documents the first of which has been replaced by the second at the particular time.

2006, c. 36, s. 271.

1175.28.5. For the purposes of the second paragraph of sections 1175.28.6, 1175.28.9 and 1175.28.15 and the third paragraph of section 1175.28.12, an amount that must be determined with reference to the revocation or replacement of a favourable advance ruling or of a certificate, a qualification certificate or another similar document must be determined on the assumption that

(a)  the favourable advance ruling or the certificate, qualification certificate or other similar document that has been revoked was never given or issued; and

(b)  the favourable advance ruling or the certificate, qualification certificate or other similar document that has been replaced was never given or issued, and that the favourable advance ruling or the certificate, qualification certificate or other similar document that replaced it was given or issued at the time the document it replaces was given or issued.

However, in the case of the revocation or replacement of a certificate, a qualification certificate or another similar document that, as specified in the revocation or replacement notice, concerns only a part of the period to which the document related before its revocation or replacement, the certificate, qualification certificate or other similar document must not be considered, for the other part of that period, to have never been issued.

2006, c. 36, s. 271.

1175.28.6. Every person who is deemed, otherwise than because the person is a member of a partnership, to have paid an amount to the Minister, under a particular provision of any of Divisions II to II.6.15 of Chapter III.1 of Title III of Book IX of Part I, on account of the person’s tax payable under Part I for a particular taxation year, shall, subject to special provisions of Parts III.0.1 to III.1.7 and III.7.1 to III.10.10, pay the tax computed under the second paragraph for a taxation year, in this section referred to as the “modification year”, in which a favourable advance ruling or a certificate, a qualification certificate or another similar document that has been given or issued by a Minister or body and that was required for the purposes of the particular provision for the particular taxation year is revoked or replaced.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is the total of the amounts that the person is deemed to have paid to the Minister, under the particular provision, for a taxation year preceding the modification year, which is such a particular taxation year, exceeds the aggregate of all amounts each of which is the total of the amounts that would be deemed to have been paid to the Minister by the person, under the particular provision, for such a preceding taxation year if every revocation and every replacement of such a favourable advance ruling or of such a certificate, qualification certificate or other similar document that occurred at or before the end of the modification year was taken into account, except to the extent that it may reasonably be considered that the excess amount became payable by the person under this section for a taxation year preceding the modification year, or otherwise payable by the person for the modification year or a preceding taxation year.

Despite the special provisions referred to in the first paragraph, the fact that, because of a special rule or otherwise, no tax is payable under Parts III.0.1 to III.1.7 and III.7.1 to III.10.10 in respect of the revocation or replacement of a document referred to in the first paragraph does not preclude the application of this section in respect of the revocation or replacement.

If, in relation to a taxation year, a person is deemed, under section 34.1.9 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5), to have made an overpayment to the Minister, this section is to be construed as if that amount were,

(a)  for any portion that is an amount that the person would be deemed, in relation to particular wages, to have paid to the Minister for the taxation year under section 1029.8.36.0.3.48 if that section were read without reference to its fourth and fifth paragraphs, an amount that the person is deemed, in relation to the particular wages, to have paid to the Minister, under section 1029.8.36.0.3.48, on account of the person’s tax payable under Part I for the taxation year; and

(b)  for any portion that is an amount that the person would be deemed, in relation to particular wages, to have paid to the Minister for the taxation year under section 1029.8.36.0.3.57 if that section were read without reference to its second and third paragraphs, an amount that the person is deemed, in relation to the particular wages, to have paid to the Minister under section 1029.8.36.0.3.57, on account of the person’s tax payable under Part I for the taxation year.

2006, c. 36, s. 271.

1175.28.7. If a person is required to pay tax for any taxation year under section 1175.28.6, the tax that the person is required to pay for a subsequent taxation year, under a particular provision of any of Parts III.0.1 to III.1.7 and III.7.1 to III.10.10, may not, despite the particular provision, be greater than the amount by which the tax otherwise determined exceeds the portion of that tax that may reasonably be considered to have become payable by the person under section 1175.28.6 for a taxation year preceding the subsequent taxation year.

2006, c. 36, s. 271.

1175.28.8. If, at any time, a person pays tax to the Minister under section 1175.28.6 in relation to the first aggregate referred to in the second paragraph of that section, the portion of the tax that may reasonably be considered to relate to a property, a cost, an expenditure or to other expenses relating to the aggregate is deemed, for the purposes of Part I but excluding the division of Chapter III.1 of Title III of Book IX of Part I that relates to the aggregate, to be an amount of assistance repaid by the person at that time in respect of the property, cost, expenditure or other expenses, as the case may be, pursuant to a legal obligation, except to the extent that the aggregate is deemed, for the purposes of Part I and the regulations, not to be an amount of assistance nor an inducement received by the person from a government.

2006, c. 36, s. 271.

1175.28.9. Every person who is deemed, because the person is a member of a partnership at the end of a fiscal period of the partnership that ends in a particular taxation year of the person, to have paid an amount to the Minister, under a particular provision of any of Divisions II to II.6.15 of Chapter III.1 of Title III of Book IX of Part I, on account of the person’s tax payable under Part I for the particular taxation year, shall, subject to special provisions of Parts III.0.1 to III.1.7 and III.7.1 to III.10.10, pay the tax computed under the second paragraph for a taxation year in which ends a subsequent fiscal period of the partnership, in this section referred to as the “fiscal period of the modification”, in which a certificate, a qualification certificate or another similar document that has been issued by a Minister or body and that was required for the purposes of the particular provision for the particular taxation year is revoked or replaced.

The tax to which the first paragraph refers is equal to the amount by which the aggregate of all amounts each of which is the total of the amounts that, if the rule set out in the third paragraph applied, would be deemed to have been paid to the Minister, under the particular provision, by the person for a given taxation year that is such a particular taxation year in which ends a fiscal period of the partnership that precedes the fiscal period of the modification, exceeds the aggregate of all amounts each of which is the total of the amounts that would be deemed to have been paid to the Minister, under the particular provision, by the person for such a given taxation year if the rule set out in the third paragraph applied and if every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the fiscal period of the modification was taken into account, except to the extent that it could reasonably be considered that, if the rule set out in the third paragraph applied, the excess amount would have become payable by the person under this section for a taxation year preceding the taxation year in which the fiscal period of the modification ends, or otherwise payable by the person for the taxation year in which that fiscal period ends or for a preceding taxation year.

The rule to which the second paragraph refers is the rule whereby it shall be considered that the agreed proportion in respect of the person for a fiscal period of the partnership that ends in a taxation year of the person and at the end of which the person is a member of the partnership is the same as that for the fiscal period of the modification.

Despite the special provisions referred to in the first paragraph, the fact that, because of a special rule or otherwise, no tax is payable under Parts III.0.1 to III.1.7 and III.7.1 to III.10.10 in respect of the revocation or replacement of a document referred to in the first paragraph does not preclude the application of this section in respect of the revocation or replacement.

2006, c. 36, s. 271; 2009, c. 15, s. 454.

1175.28.10. If a person is required to pay tax for any taxation year under section 1175.28.9, the tax that the person is required to pay for a subsequent taxation year, under a particular provision of any of Parts III.0.1 to III.1.7 and III.7.1 to III.10.10, may not, despite the particular provision, be greater than the amount by which the tax otherwise determined exceeds the portion of that tax that could reasonably be considered to have become payable by the person under section 1175.28.9 for a taxation year preceding the subsequent taxation year if the rule set out in the second paragraph applied.

The rule to which the first paragraph refers is the rule whereby it shall be considered that the agreed proportion in respect of the person for a fiscal period of the partnership that ends in a taxation year of the person and at the end of which the person is a member of the partnership is the same as that determined for the partnership’s fiscal period that ends in the subsequent taxation year referred to in the first paragraph.

2006, c. 36, s. 271; 2009, c. 15, s. 455.

1175.28.10.1. For the purposes of sections 1175.28.9 and 1175.28.10, the following rules apply in respect of a person for a taxation year if one or more partnerships (each of which is in this section referred to as an “interposed partnership”) are interposed between the person and a given partnership for a given fiscal period of the given partnership, and if the person is deemed to have paid an amount to the Minister for a preceding taxation year under Chapter III.1 of Title III of Book IX of Part I, in respect of a cost, an expenditure or expenses incurred by that given partnership in a fiscal period of that given partnership that precedes the given fiscal period (in this section referred to as the “preceding fiscal period”):

(a)  the person is deemed to be a member of a particular partnership at the end of a particular fiscal period of the particular partnership and that particular fiscal period is deemed to end in the person’s taxation year in which ends the fiscal period of the interposed partnership of which the person is directly a member, if

i.  the particular fiscal period is that which ends in the fiscal period (in this section referred to as the “interposed fiscal period”) of the interposed partnership that is a member of the particular partnership at the end of that particular fiscal period, and

ii.  the person is a member, or deemed to be a member under this paragraph, of the interposed partnership described in subparagraph i at the end of the interposed partnership’s interposed fiscal period; and

(b)  the agreed proportion in respect of the person for the given partnership’s given fiscal period is deemed to be equal to the product obtained by multiplying the agreed proportion in respect of the person for the interposed fiscal period of the interposed partnership of which the person is directly a member, by

i.  if there is only one interposed partnership, the agreed proportion in respect of the interposed partnership for the given partnership’s given fiscal period, or

ii.  if there is more than one interposed partnership, the result obtained by multiplying together all proportions each of which is the agreed proportion in respect of an interposed partnership for the particular fiscal period of the particular partnership referred to in paragraph a of which the interposed partnership is a member at the end of that particular fiscal period.

2009, c. 15, s. 456.

1175.28.11. If, at any time, a person pays tax to the Minister under section 1175.28.9 in relation to the first aggregate referred to in the second paragraph of that section in respect of a partnership, the portion of the tax that may reasonably be considered to relate to a property, a cost, an expenditure or to other expenses relating to the aggregate is deemed, for the purposes of Part I but excluding the division of Chapter III.1 of Title III of Book IX of Part I that relates to the aggregate, to be an amount of assistance repaid at that time by the partnership in respect of the property, cost, expenditure or other expenses, as the case may be, pursuant to a legal obligation, except to the extent that the aggregate is deemed, for the purposes of Part I and the regulations, not to be an amount of assistance nor an inducement received by the partnership from a government.

2006, c. 36, s. 271.

1175.28.12. Every person who, for a particular taxation year or at any given time in that year, enjoys any of the benefits described in the second paragraph shall, subject to special provisions of Parts VI.2 and VI.3, pay the tax computed under the third paragraph for a taxation year, in this section referred to as the “modification year”, in which a certificate, a qualification certificate or another similar document that has been issued by a Minister or body and that was required to enable the person to enjoy the benefit for the particular taxation year or at that given time is revoked or replaced.

The benefits to which the first paragraph refers are

(a)  a deduction in computing taxable income or the tax payable for the purposes of Part I, otherwise than under any of Titles V, VI.3 and VI.9 of Book IV or Title I of Book V;

(b)  a deduction in computing paid-up capital for the purposes of Part IV;

(c)   a reduction of the tax payable under Part VI or VI.1; and

(d)  an exemption or a reduction of the contribution provided for in section 34 or 34.1.6 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) in respect of wages or another amount.

The tax to which the first paragraph refers is equal to the aggregate of

(a)  the aggregate of all amounts each of which is the amount by which the tax, in the fourth and fifth paragraphs referred to as the “notional tax”, that would have been payable by the person under Part I for a taxation year preceding the modification year, which is such a particular taxation year, if, in relation to the benefit referred to in the first paragraph and described in subparagraph a of the second paragraph, every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the modification year had been taken into account, exceeds the tax determined by the Minister, in the fourth paragraph referred to as the “real tax”, that is payable by the person under that Part for that preceding taxation year, except to the extent that it may reasonably be considered that the excess amount became payable by the person under this section for a taxation year preceding the modification year, or otherwise payable by the person for the modification year or a preceding taxation year;

(b)  the aggregate of all amounts each of which is the amount by which the tax, in the fourth and fifth paragraphs referred to as the “notional tax on capital”, that would have been payable by the person under Part IV, IV.1, VI or VI.1 for a taxation year preceding the modification year, which is such a particular taxation year, or for a 12-month period ending in such a preceding taxation year, as the case may be, if, in relation to the benefit referred to in the first paragraph and described in subparagraph b or c of the second paragraph, every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the modification year had been taken into account, exceeds the tax determined by the Minister, in the fourth paragraph referred to as the “real tax on capital”, that is payable by the person under this Part for that preceding taxation year or 12-month period, except to the extent that it may reasonably be considered that the excess amount became payable by the person under this section for a taxation year preceding the modification year, or otherwise payable by the person for the modification year or a preceding taxation year;

(c)  the aggregate of all amounts each of which is the amount by which the aggregate of the contributions that would be payable by the person under section 34 of the Act respecting the Régie de l’assurance maladie du Québec in respect of the wages paid or deemed to be paid in such a particular taxation year if every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the modification year was taken into account, exceeds the aggregate of the contributions, determined without taking any such revocation or replacement into account, that are payable by the person under section 34 of that Act in respect of the wages paid or deemed to be paid in that particular taxation year, except to the extent that it may reasonably be considered that the excess amount became payable by the person under this section for a taxation year preceding the modification year, or otherwise payable by the person for the modification year or a preceding taxation year; and

(d)  the aggregate of all amounts each of which is the amount by which the contribution that would be payable by the person under section 34.1.6 of the Act respecting the Régie de l’assurance maladie du Québec for a taxation year preceding the modification year, which is such a particular taxation year, if every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the modification year was taken into account, exceeds the contribution, determined without taking any such revocation or replacement into account, that is payable by the person under section 34.1.6 of that Act for that preceding taxation year, except to the extent that it may reasonably be considered that the excess amount became payable by the person under this section for a taxation year preceding the modification year, or otherwise payable by the person for the modification year or a preceding taxation year.

If an amount, in this paragraph and in the fifth paragraph referred to as the “increased amount”, in respect of which the person could claim a deduction under a particular provision of this Act in computing the person’s taxable income or tax payable under Part I, or in computing the person’s paid-up capital or tax payable under Part IV, for a preceding taxation year referred to in the first instance in subparagraph a or b of the third paragraph, in this paragraph and in the fifth paragraph referred to as the “computation year”, for the purpose of determining the person’s notional tax or notional tax on capital, as the case may be, for the computation year, is greater than the amount, in this paragraph and in the fifth paragraph referred to as the “deducted amount”, that the person deducted under the particular provision for the purpose of determining the person’s real tax or real tax on capital, as the case may be, for the computation year, the increased amount rather than the deducted amount may be taken into account for the purpose of determining the person’s notional tax or notional tax on capital, as the case may be, for the computation year, if

(a)  the person so requests in writing to the Minister; and

(b)  it may reasonably be considered that the amount by which the increased amount exceeds the deducted amount has not been deducted under the particular provision or another provision of this Act for the purpose of determining the person’s tax payable under Part I or the person’s tax payable under Part IV for any other taxation year, nor for the purpose of determining a tax of the person for any taxation year that is similar in nature to the person’s notional tax or notional tax on capital and is provided for in another portion of this Act.

If the fourth paragraph applies, the amount by which the increased amount exceeds the deducted amount is deemed,

(a)  for the purpose of determining the person’s notional tax for any taxation year subsequent to the computation year and for the application of Part I to the modification year and to any subsequent taxation year, to have been deducted under the particular provision in computing the person’s taxable income or tax payable under Part I for the computation year; or

(b)  for the purpose of determining the person’s notional tax on capital for any taxation year subsequent to the computation year, for the application of Part IV to the modification year and to any subsequent taxation year and for the application of Parts VI.1.1 and VI.2 to any taxation year subsequent to the computation year, to have been deducted under the particular provision in computing the person’s paid-up capital or tax payable under Part IV for the computation year.

Despite the special provisions referred to in the first paragraph, the fact that no tax is payable under Parts VI.2 and VI.3 in respect of the revocation or replacement of a document referred to in the first paragraph does not preclude the application of this section in respect of the revocation or replacement.

2006, c. 36, s. 271.

1175.28.13. If a person is required to pay tax for any taxation year under section 1175.28.12, the tax that the person is required to pay for a subsequent taxation year, under a particular provision of any of Parts III.6.4, VI.2 and VI.3, may not, despite the particular provision, be greater than the amount by which the tax otherwise determined exceeds the portion of that tax that may reasonably be considered to have become payable by the person under section 1175.28.12 for a taxation year preceding the subsequent taxation year.

2006, c. 36, s. 271; 2007, c. 12, s. 295.

1175.28.14. If, at any time in a taxation year, a person pays tax to the Minister under section 1175.28.12, the following rules apply:

(a)  the portion of that tax that is determined under subparagraph a of the third paragraph of that section is deemed, for the purposes of the definition of “total taxes” in the first paragraph of section 1029.8.36.167, to be a tax that the person pays under Part I for that taxation year;

(a.1)  the portion of that tax that is determined under subparagraph a of the third paragraph of that section and that may reasonably be considered as relating to a deduction under Title III.3 of Book V of Part I in relation to an expense, is deemed to be, for the purposes of Part I, except for that Title III.3 and the definition referred to in paragraph a, an amount of assistance repaid at that time by the person in respect of the expense pursuant to a legal obligation;

(b)  the portion of that tax that is determined under subparagraph b of the third paragraph of that section is deemed, for the purposes of Title III of Book III of Part I and the definition of “total taxes” in the first paragraph of section 1029.8.36.167, to be a tax that the person pays under Part IV, IV.1, VI or VI.1, as the case may be, for that taxation year;

(c)  the portion of that tax that is determined under subparagraph c of the third paragraph of that section is deemed, for the purposes of Title III of Book III of Part I, to be an amount that the person pays for that taxation year as a contribution under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5); and

(d)  (paragraph repealed).

2006, c. 36, s. 271; 2007, c. 12, s. 296; 2009, c. 5, s. 569.

1175.28.15. Every person who is a member of a partnership at the end of a particular fiscal period of the partnership that ends in a particular taxation year of the person shall, subject to special provisions of Part VI.3, pay the tax computed under the second paragraph for the particular taxation year if

(a)  in any given fiscal period of the partnership, the partnership paid or is deemed to have paid wages in respect of which an exemption or a reduction of the contribution provided for in section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5) was allowed;

(b)  a certificate, a qualification certificate or another similar document, issued by a Minister or body, was required to enable the partnership to enjoy the exemption or reduction referred to in subparagraph a; and

(c)  the certificate, qualification certificate or other similar document referred to in subparagraph b is revoked or replaced in the particular fiscal period.

The tax to which the first paragraph refers is equal to the person’s share of the aggregate of all amounts each of which is the amount by which the aggregate of the contributions that would be payable by the partnership under section 34 of the Act respecting the Régie de l’assurance maladie du Québec in respect of the wages paid or deemed to be paid in such a given fiscal period if every revocation and every replacement of such a certificate, qualification certificate or other similar document that occurred at or before the end of the particular fiscal period was taken into account, exceeds the aggregate of the contributions, determined without taking any such revocation or replacement into account, that are payable by the partnership under section 34 of that Act in respect of the wages paid or deemed to be paid in the given fiscal period, except to the extent that it may reasonably be considered that the excess amount became payable by a person under this section for a taxation year preceding the particular taxation year, otherwise payable by a person for the particular taxation year or a preceding taxation year, or otherwise payable by the partnership for the given fiscal period.

For the purposes of the second paragraph, a person’s share of an amount is equal to the agreed proportion of the amount in respect of the person for the partnership’s particular fiscal period.

Despite the special provisions referred to in the first paragraph, the fact that no tax is payable under Part VI.3 in respect of the replacement of a document referred to in the first paragraph does not preclude the application of this section in respect of the replacement.

2006, c. 36, s. 271; 2009, c. 15, s. 457.

1175.28.16. The tax that a person is required to pay for a taxation year under section 1175.27 may not, despite that section, be greater than the amount by which the tax otherwise determined exceeds the portion of that tax that may reasonably be considered to have become payable by a person under section 1175.28.15 for a preceding taxation year.

2006, c. 36, s. 271.

1175.28.17. For the purposes of Title III of Book III of Part I, the tax paid to the Minister by a person at any time, under section 1175.28.15, in relation to a partnership, is deemed to be an amount that the partnership pays for its fiscal period that includes that time as a contribution under section 34 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5).

2006, c. 36, s. 271.

1175.28.18. Except where inconsistent with this Part, section 6, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, sections 1000 to 1024 and 1026.0.1, subparagraph b of the first paragraph of section 1027 and sections 1037 to 1079.16 apply to this Part, with the necessary modifications.

2006, c. 36, s. 271.

PART VI.4 PUBLIC UTILITY TAX

2005, c. 23, s. 261.

BOOK I INTERPRETATION AND GENERAL

2005, c. 23, s. 261.

1175.29. In this Part,

“eligible asset” of the operator of a telecommunications system means an immovable subject to tax that is part of the operator’s system and that

(a)  is acquired or leased by the operator after 31 December 2005, but is not an immovable acquired or leased pursuant to an obligation in writing entered into before 1 January 2006 or the construction of which had begun before that date;

(b)  begins to be used within a reasonable time after being so acquired or leased;

(c)  is used mainly in the course of carrying on a business; and

(d)  was not, before being acquired, used for any purpose or acquired to be used or leased for any purpose whatever; or

(e)  was not, before being first leased as described in paragraph a, used for any purpose nor acquired to be used or leased for any purpose whatever other than to be so leased and the operator has never ceased leasing the property since its being so leased;

“financial statements” means the financial statements prepared in accordance with generally accepted accounting principles which, in the case of the financial statements of a corporation, are submitted to the shareholders of the corporation or, in the case of the financial statements of a partnership, are submitted to the members of the partnership, or, if such financial statements have not been prepared or have not been prepared in accordance with generally accepted accounting principles, such financial statements if they had been prepared in accordance with generally accepted accounting principles;

“fiscal period” has the meaning assigned by Part I;

“immovable subject to tax” means an immovable situated in Québec that must not be entered on the property assessment roll under any of sections 66 to 68 of the Act respecting municipal taxation (chapter F-2.1) or land that is the site of such an immovable and that is described in paragraph 7 of section 204 of that Act;

“lessee” of an immovable subject to tax means the person or partnership that pays a remuneration to a lessor, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“lessor” of an immovable subject to tax means the person or partnership that receives a remuneration from a lessee, in relation to the immovable, in connection with the use by the lessee of a telecommunications or gas distribution system or an electric power production, transmission or distribution system that includes the immovable;

“operator” means a person or partnership that operates or has operated a telecommunications or gas distribution system or an electric power production, transmission or distribution system certain immovables of which are immovables subject to tax;

“owner” of an immovable subject to tax means

(a)  the person or partnership that holds the right of ownership to that immovable, except in the cases provided for in paragraphs b to d;

(b)  the person or partnership that owns the immovable in the manner described in article 922 of the Civil Code, except in the cases provided for in paragraphs c and d;

(c)  the person or partnership that owns the immovable as institute under a substitution or emphyteutic lessee, or, if the immovable is land in the domain of the State, the person or partnership that occupies it under a promise of sale, occupation licence or location ticket; or

(d)  the person or partnership that owns the immovable as usufructuary otherwise than as a member of a group of usufructuaries each having a right of enjoyment periodically and successively in the immovable;

“person” or any word or expression meaning a person includes a corporation and a trust;

“telecommunications” means the transmission or broadcast of sound, images, signs, signals, data or messages by wire, cable, waves or other electric, electronic, magnetic, electromagnetic or optical means;

“trust” has the meaning assigned by section 1.

In this Part, the reference to a fiscal period ending in a calendar year includes a reference to a fiscal period the end of which coincides with the end of that calendar year.

2005, c. 23, s. 261; 2005, c. 38, s. 334; 2006, c. 13, s. 227; 2007, c. 12, s. 297.

1175.30. For the purposes of this Part, to determine whether an operator is associated, within the meaning of sections 21.20 to 21.25 and 781.1, with another operator in a fiscal period, the following rules apply:

(a)  an operator who is an individual is deemed to be a corporation all the voting shares in the capital stock of which are owned by the individual at the time referred to in section 21.20, in this section referred to as the “particular time” ;

(b)  an operator that is a partnership is deemed to be a corporation whose fiscal period is the fiscal period of the partnership and all the voting shares in the capital stock of which are owned at the particular time by each member of the partnership in a proportion equal to the proportion that the member’s share of the income or loss of the partnership for its fiscal period that includes the particular time is of the income or loss of the partnership for that fiscal period, on the assumption that, if the income and loss of the partnership for that fiscal period are nil, the partnership’s income for that fiscal period is equal to $1,000,000; and

(c)  an operator that is a trust is deemed to be a corporation all the voting shares in the capital stock of which

i.  in the case of a testamentary trust under which one or more beneficiaries are entitled to receive all of the income of the trust that arose before the date of death of one or the last surviving of those beneficiaries, in this paragraph referred to as the “distribution date”, and under which no other person can, before the distribution date, receive or otherwise obtain the enjoyment of any of the income or capital of the trust,

(1)  if such a beneficiary’s share of the income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, and if the particular time occurs before the distribution date, are owned at that time by the beneficiary, or

(2)  if subparagraph 1 does not apply and the particular time occurs before the distribution date, are owned at that time by such a beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of the beneficial interests in the trust of all the beneficiaries,

ii.  in the case where a beneficiary’s share of the accumulating income or capital of the trust depends on the exercise by any person of, or the failure by any person to exercise, a power to appoint, are owned at the particular time by the beneficiary, unless subparagraph i applies and that time occurs before the distribution date,

iii.  in any case where subparagraph ii does not apply, are owned at the particular time by the beneficiary in a proportion equal to the proportion that the fair market value of the beneficial interest in the trust of the beneficiary is of the fair market value of all beneficial interests in the trust, unless subparagraph i applies and that time occurs before the distribution date, and

iv.  in the case of a trust referred to in section 467, are owned at the particular time by the person referred to in that section from whom property of the trust or property for which it was substituted was directly or indirectly received.

2005, c. 23, s. 261.

1175.30.1. For the purposes of this Part, if, in any of the circumstances described in the second paragraph, a particular operator becomes, at any time, the owner of an immovable subject to tax or becomes the lessee of the immovable and the immovable subject to tax was, immediately before that time, an eligible asset of the operator that is the transferor or lessor of the immovable, the immovable subject to tax is deemed to be an eligible asset of the particular operator.

The circumstances to which the first paragraph refers are the following:

(a)  the particular operator becomes the owner of the immovable subject to tax in the course of a reorganization in respect of which, if a dividend were received by a corporation in the course of the reorganization, section 308.1 would not apply to the dividend because of the application of section 308.3; and

(b)  the operator that is the transferor or lessor of the immovable subject to tax is a person with whom the particular operator is not dealing at arm’s length, otherwise than because of a right referred to in paragraph b of section 20, at the time the particular operator becomes the owner of the immovable subject to tax or becomes the lessee of the immovable.

2007, c. 12, s. 298.

BOOK II LIABILITY FOR AND AMOUNT OF THE TAX

2005, c. 23, s. 261.

1175.31. A person or partnership that is an operator in a calendar year shall pay for that year, on or before 1 March of that year, a public utility tax.

For the purposes of the first paragraph, the person or partnership that operates a structure used to produce electric power supplied to another person or partnership operating an electric power production, transmission or distribution system is itself deemed to operate such a system.

2005, c. 23, s. 261.

1175.32. The public utility tax to be paid by an operator for a calendar year is equal to

(a)  in the case of the operation of a telecommunications system, the aggregate of

i.  0.70% of the aggregate of

(1)  the portion of the net value of the assets forming part of the operator’s system, for the operator’s last fiscal period that ends in the preceding calendar year, that is attributable to immovables subject to tax that are not eligible assets and that does not exceed $750,000,000, and

(2)  the portion of the net value of the assets forming part of the operator’s system, for the operator’s last fiscal period that ends in the preceding calendar year, that is attributable to eligible assets, and

ii.  10.5% of the portion of the net value of the assets forming part of the operator’s system, for the operator’s last fiscal period that ends in the preceding calendar year, that is attributable to immovables subject to tax that are not eligible assets and that exceeds $750,000,000;

(b)  in the case of the operation of a gas distribution system, the aggregate of

i.  0.75% of the portion of the net value of the assets forming part of the operator’s system for the operator’s last fiscal period that ends in the preceding calendar year, that does not exceed $750,000,000, and

ii.  1.50% of the portion of the net value of the assets forming part of the operator’s system for the operator’s last fiscal period that ends in the preceding calendar year, that exceeds $750,000,000; and

(c)  in the case of the operation of an electric power production, transmission or distribution system, the aggregate of

i.  0.20% of the portion of the net value of the assets forming part of the operator’s system for the operator’s last fiscal period that ends in the preceding calendar year, that does not exceed $750,000,000, and

ii.  0.55% of the portion of the net value of the assets forming part of the operator’s system for the operator’s last fiscal period that ends in the preceding calendar year, that exceeds $750,000,000.

2005, c. 23, s. 261; 2007, c. 12, s. 299.

1175.33. Despite section 1175.32, if an operator is not associated, within the meaning of sections 21.20 to 21.25 and 781.1, with any other operator in a fiscal period and the operator operates, in that fiscal period, more than one telecommunications or gas distribution system or more than one electric power production, transmission or distribution system, the amount of $750,000,000 provided for in section 1175.32 and determined in respect of each of those systems, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that the operator allocates, in prescribed form, in respect of that system, in relation to that fiscal period.

The aggregate of the amounts allocated in relation to a fiscal period under the first paragraph may not exceed $750,000,000.

If an operator does not make the allocation provided for in the first paragraph in relation to a fiscal period or if the aggregate of the amounts allocated by an operator under the first paragraph in relation to a fiscal period exceeds $750,000,000, the amount of $750,000,000 provided for in section 1175.32 and determined in respect of each of those systems, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that the Minister allocates in respect of that system, in relation to that fiscal period.

The aggregate of the amounts allocated by the Minister under the third paragraph, in relation to a fiscal period of an operator, must be equal to $750,000,000.

2005, c. 23, s. 261.

1175.34. Despite section 1175.32, if an operator is associated, within the meaning of sections 21.20 to 21.25 and 781.1, with another operator in a fiscal period that ends in a particular calendar year, the amount of $750,000,000 provided for in section 1175.32, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that is allocated to the operator for that fiscal period in accordance with the agreement under which all the operators that are associated with each other in their fiscal period that ends in the particular calendar year allocate, for the purposes of this Part, in prescribed form, an amount to one or more of them for the fiscal period.

The aggregate of the amounts allocated for a fiscal period under the first paragraph may not exceed $750,000,000.

If the operators that are associated with each other do not make the allocation provided for in the first paragraph in relation to a fiscal period or if the aggregate of the amounts allocated under the first paragraph, in relation to a fiscal period, exceeds $750,000,000, the amount of $750,000,000 provided for in section 1175.32, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that the Minister allocates, for that fiscal period, to one or each of the operators so associated.

The aggregate of the amounts allocated by the Minister under the third paragraph, in relation to operators associated in a fiscal period, must be equal to $750,000,000.

2005, c. 23, s. 261.

1175.35. Despite sections 1175.32 and 1175.34, if an operator is associated, within the meaning of sections 21.20 to 21.25 and 781.1, with another operator in a fiscal period and the operator operates, in that fiscal period, more than one telecommunications or gas distribution system or more than one electric power production, transmission or distribution system, the amount that was allocated to the operator under section 1175.34, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that the operator allocates, in prescribed form, in respect of each of those systems, in relation to that fiscal period.

The aggregate of the amounts allocated in relation to a fiscal period under the first paragraph may not exceed the amount that was allocated to the operator under section 1175.34, in relation to that fiscal period.

If an operator does not make the allocation provided for in the first paragraph in relation to a fiscal period or if the aggregate of the amounts allocated by an operator under the first paragraph in relation to a fiscal period exceeds the amount that was allocated to the operator under section 1175.34, the amount so allocated under that section, in relation to that fiscal period, must be replaced, wherever it appears, by the greater of $0 and the portion of that amount that the Minister allocates in respect of each of the systems operated by the operator, in relation to that fiscal period.

The aggregate of the amounts allocated by the Minister under the third paragraph, in relation to a fiscal period of an operator, must be equal to the amount that was allocated to the operator under the first paragraph of section 1175.34.

2005, c. 23, s. 261.

1175.35.1. For the purpose of determining the amount of the tax payable under this Part by an operator for a calendar year, an immovable subject to tax that is transferred by the operator before the end of the last fiscal period ended in the preceding calendar year is deemed to be an immovable subject to tax of the operator at the end of the fiscal period if the Minister is of the opinion that the transfer is part of an operation or transaction or of a series of operations or transactions, one of the purposes of which is to reduce the amount of tax payable under this Part by the operator for the calendar year.

2007, c. 12, s. 300.

BOOK III COMPUTATION OF THE NET VALUE OF THE ASSETS

2005, c. 23, s. 261.

1175.36. In this Part, the net value of the assets forming part of a system, determined in respect of an operator for a particular fiscal period, means the aggregate of all amounts each of which is

(a)  the excess amount, as shown in the operator’s financial statements prepared for the particular fiscal period, that is the amount by which the cost of an immovable subject to tax that is included in the system of the operator and of which the operator is the owner at the end of the particular fiscal period exceeds the accumulated depreciation;

(b)  unless subparagraph c applies, the amount determined by the following formula in respect of an immovable subject to tax that is included in the system of the operator and of which the operator is the lessee at any time in the particular fiscal period:

(A × 10) 365 / B; or

(c)  the excess amount, as shown in the operator’s financial statements prepared for the operator’s last fiscal period that ends in the calendar year in which the particular fiscal period ends, that is the amount by which the cost to the owner of an immovable subject to tax that is included in the system of the operator and of which the operator is the lessee at any time in the particular fiscal period exceeds the accumulated depreciation, where the owner is the lessor of the immovable subject to tax, in relation to the operator, and the owner and operator were not dealing with each other at arm’s length at the time the operator became the lessee of the immovable subject to tax or, if the owner is not the lessor of the immovable subject to tax, in relation to the operator, where each person or partnership that is a lessor of the immovable subject to tax, in relation to a lessee, and that lessee were not dealing with each other at arm’s length at the time the person or partnership became the lessor of the immovable subject to tax in relation to that lessee.

In the formula in subparagraph b of the first paragraph,

(a)  A is the portion of the rental cost of the immovable incurred in the particular fiscal period by the operator; and

(b)  B is the number of days in the particular fiscal period.

Subparagraphs b and c of the first paragraph do not apply in respect of an immovable subject to tax of which an operator is the lessee at any time in the operator’s last fiscal period that ends in a calendar year if that immovable is shown in the financial statements of another operator that is the owner of that immovable, prepared for that operator’s last fiscal period that ends in the calendar year.

For the purposes of this section, an operator who uses an immovable subject to tax in a capacity other than owner during the operator’s last fiscal period that ends in a calendar year is deemed to be the owner of that immovable subject to tax at the end of that fiscal period and is deemed not to be a lessee of that immovable subject to tax if that immovable constitutes an asset of the operator shown in the operator’s financial statements prepared for that fiscal period.

2005, c. 23, s. 261; 2005, c. 38, s. 335.

1175.36.1. Despite section 1175.36, if an operator transfers, in a calendar year, to a person or partnership an immovable subject to tax that forms part of a system of the operator, the following rules apply:

(a)  in the case where the person or partnership is also an operator and

i.  the immovable subject to tax is transferred by the operator in a fiscal period that ends in the calendar year, in this paragraph referred to as the “particular fiscal period”, the amount that is the excess amount, as it would have been shown in the operator’s financial statements had the operator still owned the immovable subject to tax at the end of the particular fiscal period, that is the amount by which the cost of the immovable subject to tax exceeds the accumulated depreciation at the end of the fiscal period that precedes the particular fiscal period, must be added to the net value of the assets forming part of the operator’s system for the operator’s last fiscal period that ends in the calendar year, unless the immovable subject to tax forms part of a system of the person or partnership and is shown in the person’s or partnership’s financial statements for the person’s or partnership’s last fiscal period that ends in the calendar year, at the end of which the person or partnership owns the immovable, or

ii.  the immovable subject to tax forms part of a system of the person or partnership and is shown both in the person’s or partnership’s financial statements for the person’s or partnership’s last fiscal period that ends in the calendar year, at the end of which the person or partnership owns the immovable, and in the transferor’s financial statements for the transferor’s last fiscal period that ends in the calendar year, the amount that is the amount by which the cost of the immovable subject to tax exceeds the accumulated depreciation, as shown in the person’s or partnership’s financial statements for that fiscal period, may be subtracted from the net value of the assets forming part of the person’s or partnership’s system for the person’s or partnership’s last fiscal period that ends in the calendar year; and

(b)  in the case where the person or partnership is not an operator and the immovable subject to tax is transferred by the operator in a fiscal period that ends in the calendar year, in this paragraph referred to as the “particular fiscal period”, the amount that is the proportion of the excess amount, as it would have been shown in the operator’s financial statements had the operator still owned the immovable subject to tax at the end of the particular fiscal period, that is the amount by which the cost of the immovable subject to tax exceeds the accumulated depreciation at the end of the fiscal period that precedes the particular fiscal period, that the number of days in the particular fiscal period in which the operator owned the immovable subject to tax is of the number of days in the particular fiscal period, must be added to the net value of the assets of the operator for the operator’s last fiscal period that ends in the calendar year.

2007, c. 12, s. 301.

1175.37. (Repealed).

2005, c. 23, s. 261; 2007, c. 12, s. 302.

BOOK IV MISCELLANEOUS PROVISIONS

2005, c. 23, s. 261.

1175.38. A person or partnership that is required to pay a tax provided for in section 222 of the Act respecting municipal taxation (chapter F-2.1) in a fiscal period, in relation to an electric power production system the person or partnership operates, and that consumes all the electric power the person or partnership produces is exempt from the public utility tax for the calendar year in which the fiscal period ends.

A person or partnership that is required to pay a tax provided for in section 222 of the Act respecting municipal taxation in a fiscal period, in relation to an electric power production system the person or partnership operates, and that sells part of the electric power the person or partnership produces is required to pay the public utility tax for a calendar year to the extent that the amount of that tax exceeds the amount of the tax provided for in that section 222 that the person or partnership is required to pay in the fiscal period that ends in the calendar year.

For the purposes of this section, the power consumed by a person or partnership related to the person or partnership that produces it is deemed to be consumed by the latter person or partnership.

2005, c. 23, s. 261.

1175.39. A municipality is exempt from the public utility tax.

2005, c. 23, s. 261.

1175.40. An operator that is required to pay the public utility tax for a calendar year shall file with the Minister, in prescribed form, without notice or demand, a fiscal return containing the prescribed information and the operator’s financial statements prepared for the operator’s last fiscal period that ends in the preceding calendar year.

The documents must be filed by the following persons and within the following time:

(a)  in the case of an operator that is a corporation or partnership, by the corporation or partnership, as the case may be, or on its behalf, within six months after the end of the last fiscal period;

(b)  in the case of an operator that is a succession or a trust, by the liquidator of the succession, the executor or the trustee, as the case may be, within 90 days after the end of the last fiscal period; and

(c)  in the case of an operator who is an individual, by the individual, on or before 15 June of the calendar year.

Despite subparagraph c of the first paragraph, if the operator is an individual who dies in the calendar year but before 16 June, the documents mentioned in the first paragraph must be produced by the individual’s legal representative within six months after the death.

If the documents are not filed in accordance with the first or second paragraph, they must be filed by the person who is required by notice in writing from the Minister to file the documents, within such reasonable time as the notice specifies.

2005, c. 23, s. 261.

1175.41. If the fiscal period of a person or partnership exceeds 365 days and for that reason the person or partnership does not have a fiscal period ending in a particular calendar year, the first fiscal period of the person or partnership ending in the calendar year following the particular year is deemed, for the purposes of this Part, to end on the last day of the particular year.

2005, c. 23, s. 261.

1175.42. Except where inconsistent with this Part, sections 17 to 21, the first paragraph of section 549, section 564 where it refers to the first paragraph of section 549, 1002 to 1014 and 1037 to 1079.16 apply, with the necessary modifications, to this Part.

2005, c. 23, s. 261; 2006, c. 36, s. 272; 2007, c. 12, s. 303.

PART VII LOGGING TAX

1972, c. 23.

BOOK I INTERPRETATION

1972, c. 23.

1176. In this Part, unless the context indicates a different meaning,

(a)  “taxation year” has the meaning assigned by Part I;

(b)  “taxpayer” means any person or trust carrying on logging operations in Québec and includes, as the case may be, the liquidator of a succession, the executor, the trustee or the agent of the person or trust;

(c)  (paragraph repealed);

(c.1)  “fiscal period” has the meaning assigned by Part I;

(d)  (paragraph repealed);

(e)  “forest products” means logs, even if they are flatted, railway ties and spoolwood.

1972, c. 23, s. 885; 1979, c. 38, s. 30; 1993, c. 64, s. 205; 1994, c. 22, s. 349; 1997, c. 3, s. 70; 1997, c. 14, s. 290; 2004, c. 21, s. 501; 2006, c. 13, s. 228; 2007, c. 12, s. 304.

1177. In this Part, the expression “logging operations” means:

(a)  the cutting of standing timber in Québec or the acquiring of forest products derived therefrom, when such products are sold in Québec;

(b)  the cutting of standing timber in Québec or the acquiring of forest products derived therefrom, when such products are sold outside Québec;

(c)  the sale of forest land, timber limits or timber-cutting rights in Québec;

(d)  the cutting of standing timber in Québec or the acquiring of forest products derived therefrom by a taxpayer where such products are processed in a sawmill, pulp or paper plant or other plant for processing forest products in Canada by the taxpayer or on his behalf.

Where a taxpayer is deemed, under a provision of Part I, to have disposed of a property described in subparagraph c of the first paragraph, the taxpayer is deemed, for the purposes of that subparagraph c and section 1178, to have sold it.

1972, c. 23, s. 886; 1990, c. 59, s. 364; 2004, c. 21, s. 502.

1178. For the purposes of this Part,

(a)  the income of a taxpayer from logging operations for a taxation year is equal to the excess of the aggregate of all his income over the aggregate of his losses, determined in the following manner:

i.  when the taxpayer carries on the operations described in subparagraph a of the first paragraph of section 1177, the taxpayer’s income or loss, as determined under Part I for the year, from the cutting, acquiring, transportation and sale of forest products,

ii.  when the taxpayer carries on the operations described in subparagraph b of the first paragraph of section 1177, the taxpayer’s income or loss, as determined under Part I for the year, from the cutting, acquiring, transportation and sale of forest products, computed on the value of the forest products sold as established by the Minister, less the cost of cutting, acquisition, transportation and sale,

iii.  subject to subparagraph iii.1, when the taxpayer carries on the operations described in subparagraph c of the first paragraph of section 1177, the taxpayer’s income or loss, as determined under Part I for the year, from such operations,

iii.1.  where subparagraph iii applies in respect of the sale by the taxpayer of forest land or a timber limit, the income or loss referred to in that subparagraph iii in respect of that sale is deemed, except for the purposes of subparagraph iv, to be equal to the portion of the income or loss of the taxpayer, determined under Part I for the year, from the sale that can reasonably be attributed to standing timber,

iv.  when the taxpayer carries on the operations described in subparagraph d of the first paragraph of section 1177, the taxpayer’s income or loss from all sources, as determined under Part I, without taking into account any amount included or deducted in computing the income or loss contemplated in subparagraphs i to iii or from sources other than logging operations and the processing in Québec by him or on his behalf, transportation and sale of forest products, timber and products derived therefrom, minus the deduction described in subparagraph v,

v.  a taxpayer may deduct from the income determined under subparagraph iv an amount equal to 8% of the original cost to him of the depreciable property under Part I used by him during the year for the processing of forest products or products derived therefrom; but such amount shall not be less than 35% nor more than 65% of that income before the deduction under this subparagraph, and

vi.  when subparagraph iv applies and the taxpayer cuts standing timber outside Québec or acquires forest products derived therefrom, he may deduct from the income resulting from the application of subparagraph iv a portion equal to such proportion that the quantity of such timber cut outside Québec and of the forest products derived therefrom is of the total quantity of standing timber cut and forest products acquired by him during the year; and

(b)  a taxpayer’s share in the income of a partnership carrying on logging operations of which the taxpayer is a member is equal to the agreed proportion of the income (computed under paragraph a as if the partnership were, for the purposes of subparagraph d of the first paragraph of section 1177 and of this section, a taxpayer and as if paragraphs a to c and g of section 600 applied to this Part) in respect of the taxpayer for the partnership’s fiscal period that ends in the taxpayer’s taxation year.

1972, c. 23, s. 887; 1975, c. 22, s. 252; 1990, c. 59, s. 365; 1993, c. 64, s. 206; 1995, c. 63, s. 259; 1997, c. 3, s. 71; 1997, c. 14, s. 287; 2004, c. 21, s. 503; 2009, c. 15, s. 458.

BOOK II LIABILITY TO TAX

1972, c. 23.

1179. Subject to section 1180, every taxpayer shall pay, for a taxation year, a tax of 10% of the aggregate of his income from logging operations and of his share of the income of a partnership which carries on logging operations for a fiscal period of the partnership ending in that taxation year.

1972, c. 23, s. 888; 1993, c. 64, s. 207; 1997, c. 3, s. 71.

1180. No tax shall be payable for a taxation year in respect of

(a)  the income of a taxpayer, computed in the manner prescribed in paragraph a of section 1178, if that income does not exceed $10,000 for that taxation year;

(b)  the share of a taxpayer in the income of a partnership carrying on logging operations of which he is a member, if the income of the partnership, computed in the manner prescribed in paragraph b of section 1178, for a fiscal period of the partnership ending in that taxation year, does not exceed $10,000.

Where the taxation year referred to in subparagraph a of the first paragraph or, where the fiscal period of the taxpayer referred to in that subparagraph does not coincide with the taxpayer’s taxation year, the period determined in the third paragraph in respect of the taxpayer for that taxation year, or the fiscal period referred to in subparagraph b of that paragraph is less than 12 months, the reference in the said subparagraphs to the amount of $10,000 shall be read as a reference to the amount which bears the same proportion to $10,000 that the number of days in the taxation year, period or fiscal period, as the case may be, bears to 365.

For the purposes of the second paragraph, the period to be determined in respect of a taxpayer for a taxation year, where the taxpayer has only one fiscal period ending in the taxation year, corresponds to that fiscal period or, in other cases, to the period covered by the aggregate of months in the year or in the previous taxation year included in the fiscal periods ending in the taxation year.

1972, c. 23, s. 889; 1993, c. 64, s. 207; 1995, c. 63, s. 260; 1997, c. 3, s. 71.

1181. For the purposes of section 1180, all logging operations carried on by the same taxpayer as owner, lessee or operator, or of which the income from logging operations accrues to the benefit of the same taxpayer, are deemed to constitute a single logging operation and not separate operations.

1972, c. 23, s. 890; 1993, c. 64, s. 207.

1182. When logging operations are carried on by two or more affiliated or associated corporations, under the same general management, or of which the bulk of the profit accrues to the same shareholders, the income from logging operations of each such corporation shall be regarded as the income from logging operations of a same taxpayer for the purposes of section 1180.

1972, c. 23, s. 891; 1993, c. 64, s. 207; 1997, c. 3, s. 71.

1183. Every taxpayer may deduct from the tax payable by the taxpayer under Part I for a taxation year, one-third of the tax paid or, but for paragraph a of section 1184, that would be payable by the taxpayer for that taxation year under this Part.

1972, c. 23, s. 892; 1975, c. 22, s. 253; 1988, c. 4, s. 144; 1989, c. 5, s. 246; 1993, c. 64, s. 207; 1997, c. 85, s. 324; 2005, c. 1, s. 295.

1184. Where the tax otherwise payable by a taxpayer under section 1179 for a taxation year exceeds the aggregate of the amounts that he may effectively deduct for the year in respect of that tax under section 1183 and section 127 of the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement),

(a)  the excess must be applied in reduction of that tax in the case where it does not result in a decrease in the amount that the taxpayer may effectively deduct for the year under the said section 127; and

(b)  in any other case, the excess must be applied to reduce, in addition to the amount provided for in section 1183, the tax otherwise payable under Part I, for the year or for any subsequent taxation year.

1975, c. 22, s. 254; 1988, c. 4, s. 145; 1989, c. 5, s. 247; 1993, c. 64, s. 208; 1997, c. 85, s. 325; 2005, c. 1, s. 296.

1184.1. (Repealed).

1997, c. 85, s. 326; 2005, c. 1, s. 297.

1185. Except where inconsistent with this Part, sections 1000 to 1024, 1037 to 1079.16 and paragraph a of section 1144 apply, with the necessary modifications, to this Part.

1972, c. 23, s. 893; 1973, c. 18, s. 36; 1987, c. 21, s. 97; 1993, c. 64, s. 209; 1995, c. 49, s. 236; 1995, c. 63, s. 261; 2009, c. 5, s. 570.

1185.1. Every taxpayer shall, subject to the second paragraph, pay to the Minister

(a)  one-half of the tax for the taxation year, estimated in accordance with section 1004, at or before the end of the taxpayer’s taxation year, and

(b)  the remainder of the tax so estimated for the taxation year, on or before the taxpayer’s balance-due day, within the meaning of section 1, for that year.

However, subparagraph a of the first paragraph does not require, where an individual dies in a taxation year, the payment of an amount, in respect of that individual, which would otherwise become payable under the said subparagraph on the day of his death or after that day.

1993, c. 64, s. 210; 1995, c. 1, s. 198; 1997, c. 3, s. 71; 1997, c. 31, s. 142.

1185.2. The taxpayer required to make a payment under section 1185.1 is deemed, for the purposes of sections 1038 and 1040, to have been liable to make payments based on the lesser of

(a)  the taxpayer’s tax payable for the taxation year, and

(b)  the taxpayer’s tax payable for the preceding taxation year.

1993, c. 64, s. 210.

1186. (Repealed).

1972, c. 23, s. 894; 1974, c. 18, s. 47; 1997, c. 14, s. 288.

PART VII.1 ANTI-POVERTY CONTRIBUTION FOR THE PROMOTION OF RE-ENTRY INTO THE LABOUR FORCE

1997, c. 14, s. 289.

1186.1. In this Part,

“financial institution” means a corporation referred to in paragraph a of section 1132;

“individual” has the meaning assigned by Part I;

“person” has the meaning assigned by section 1;

“reference period”, applicable in respect of a person, means the period from 1 January 1997 to 31 December 1999 if the person is an individual, or from 27 November 1996 to 26 November 1999 if the person is a corporation;

“tax under Part I” of a person for a taxation year means the tax which the person would be required to pay for the year under Part I were it not for sections 1183 and 1184;

“taxation year” has the meaning assigned by Part I.

1997, c. 14, s. 289; 2000, c. 39, s. 262; 2007, c. 12, s. 304.

1186.2. Every person referred to in any of sections 22 to 27 in respect of a taxation year that, where the person is an individual, ends on or before the end of the reference period applicable in his respect or, where the person is a corporation, is included in whole or in part in the reference period applicable in its respect, shall pay to the Minister for the year a contribution equal to

(a)  where the person is an individual, 0.3% of the aggregate of the individual’s tax under Part I for the year; or

(b)  where the person is a corporation, the proportion that the number of days in the year included in the reference period applicable in its respect is of the number of days in the year, of the aggregate of

i.  2.8% of its tax under Part I for the year, and

ii.  3% of its tax payable for the year pursuant to Part IV, if the corporation is a financial institution.

1997, c. 14, s. 289; 1997, c. 85, s. 327.

1186.3. Except where inconsistent with this Part, the second paragraph of sections 87.4, 333.2 and 421.8, section 485.48, the third paragraph of sections 716.0.1 and 752.0.10.15, sections 929.1, 1000 to 1026.0.1 and 1026.2, the first paragraph of section 1027 and sections 1034 to 1079.16 apply, with the necessary modifications, to this Part.

1997, c. 14, s. 289; 2009, c. 5, s. 571.

1186.4. A person is not required to make, pursuant to section 1025 or 1026 or subparagraph a of the first paragraph of section 1027, as the case may be, a partial payment of the person’s contribution payable for a taxation year under this Part if the person is not required, under Part I, to make such a payment of the person’s tax payable under that Part and, where applicable, of the person’s tax payable under Part IV, for that year.

1997, c. 14, s. 289; 1997, c. 85, s. 328.

1186.5. The Minister shall pay into the Consolidated Revenue Fund the contributions paid to the Minister for a taxation year under section 1186.2.

1997, c. 14, s. 289; 1997, c. 85, s. 329; 2001, c. 51, s. 227; 2009, c. 5, s. 572.

PART VII.2 CONTRIBUTION TO THE QUÉBEC YOUTH FUND

2000, c. 14, s. 14.

1186.6. In this Part,

“financial institution” means a corporation referred to in paragraph a of section 1132;

“reference period” means the period from 15 March 2000 to 14 March 2003;

“taxation year” has the meaning assigned by Part I;

“tax under Part I” of a corporation for a taxation year means the tax which the corporation would be required to pay for the year under Part I were it not for sections 1183 and 1184.

2000, c. 14, s. 14; 2000, c. 39, s. 263; 2007, c. 12, s. 304.

1186.7. Every corporation referred to in Book II of Part I shall, in relation to a taxation year included in whole or in part in the reference period, pay to the Minister for the year a contribution equal to the proportion that the number of days in the year included in the reference period is of the number of days in the year, of the aggregate of

(a)  1.6% of its tax under Part I for the year; and

(b)  1.6% of its tax payable for the year under Part IV, if the corporation is a financial institution.

2000, c. 14, s. 14.

1186.8. Except where inconsistent with this Part, the second paragraph of sections 87.4 and 333.2, section 427.4.1, the second paragraph of section 455.0.1, section 485.48, section 520.2, the third paragraph of sections 620.1 and 716.0.1, section 710.3, the second paragraph of section 737.18.4, sections 1000 to 1014, the first paragraph of section 1027, sections 1027.1 to 1027.3, the second paragraph of section 1029.8.36.91 and sections 1034 to 1079.16 apply, with the necessary modifications, to this Part.

2000, c. 14, s. 14; 2003, c. 9, s. 434; 2009, c. 5, s. 573.

1186.9. A corporation is not required to make, pursuant to subparagraph a of the first paragraph of section 1027, a payment on account of its contribution payable for a taxation year under this Part if the corporation is not required, under Part I, to make such a payment of its tax payable under that Part and, where applicable, of its tax payable under Part IV, for that year.

2000, c. 14, s. 14.

1186.10. The Minister shall pay into the Consolidated Revenue Fund the contributions paid to the Minister for a taxation year under section 1186.7.

2000, c. 14, s. 14; 2009, c. 5, s. 574.

PART VIII

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

BOOK I

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1187. (Repealed).

1972, c. 23, s. 895; 1986, c. 15, s. 208.

1188. (Repealed).

1972, c. 23, s. 896; 1986, c. 15, s. 208.

BOOK II

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1189. (Repealed).

1972, c. 23, s. 897; 1986, c. 15, s. 208.

1189.1. (Repealed).

1978, c. 37, s. 77; 1986, c. 15, s. 208.

1189.2. (Repealed).

1978, c. 37, s. 77; 1979, c. 38, s. 31; 1980, c. 7, s. 12.

1189.3. (Repealed).

1978, c. 37, s. 77; 1980, c. 7, s. 13.

1189.4. (Repealed).

1979, c. 38, s. 32; 1980, c. 7, s. 14.

1189.5. (Repealed).

1979, c. 38, s. 32; 1980, c. 7, s. 14.

1190. (Repealed).

1972, c. 23, s. 898; 1986, c. 15, s. 208.

BOOK III

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1191. (Repealed).

1972, c. 23, s. 899; 1972, c. 26, s. 85; 1986, c. 15, s. 208.

1192. (Repealed).

1972, c. 23, s. 900; 1986, c. 15, s. 208.

1193. (Repealed).

1972, c. 23, s. 901; 1986, c. 15, s. 208.

1194. (Repealed).

1972, c. 23, s. 902; 1986, c. 15, s. 208.

1195. (Repealed).

1972, c. 23, s. 903; 1972, c. 26, s. 86; 1986, c. 15, s. 208.

1196. (Repealed).

1972, c. 23, s. 904; 1986, c. 15, s. 208.

1197. (Repealed).

1972, c. 23, s. 905; 1986, c. 15, s. 208.

BOOK IV

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1198. (Repealed).

1972, c. 23, s. 906; 1978, c. 26, s. 214; 1986, c. 15, s. 208.

BOOK V

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1199. (Repealed).

1972, c. 23, s. 907; 1974, c. 18, s. 48; 1978, c. 26, s. 215; 1979, c. 38, s. 33; 1986, c. 15, s. 208.

BOOK VI

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1200. (Repealed).

1972, c. 23, s. 908; 1972, c. 26, s. 87; 1986, c. 15, s. 208.

1201. (Repealed).

1972, c. 23, s. 909; 1986, c. 15, s. 208.

1202. (Repealed).

1972, c. 23, s. 910; 1986, c. 15, s. 208.

1203. (Repealed).

1972, c. 23, s. 911; 1973, c. 17, s. 137; 1986, c. 15, s. 208.

1204. (Repealed).

1972, c. 23, s. 912; 1986, c. 15, s. 208.

1205. (Repealed).

1972, c. 23, s. 913; 1986, c. 15, s. 208.

1206. (Repealed).

1972, c. 23, s. 914; 1986, c. 15, s. 208.

1207. (Repealed).

1972, c. 23, s. 915; 1978, c. 26, s. 216; 1984, c. 35, s. 35; 1986, c. 15, s. 208.

1207.1. (Repealed).

1981, c. 12, s. 16; 1986, c. 15, s. 208.

1207.2. (Repealed).

1981, c. 12, s. 16; 1986, c. 15, s. 208.

1208. (Repealed).

1972, c. 23, s. 916; 1986, c. 15, s. 208.

1209. (Repealed).

1972, c. 23, s. 917; 1986, c. 15, s. 208.

1210. (Repealed).

1972, c. 23, s. 918; 1972, c. 26, s. 88; 1986, c. 15, s. 208.

BOOK VII

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1211. (Repealed).

1972, c. 23, s. 919; 1973, c. 17, s. 138; 1975, c. 22, s. 255; 1978, c. 26, s. 217; 1983, c. 44, s. 46; 1986, c. 15, s. 208.

1212. (Repealed).

1972, c. 23, s. 920; 1973, c. 17, s. 139; 1978, c. 26, s. 218; 1983, c. 44, s. 47; 1984, c. 35, s. 36; 1986, c. 15, s. 208.

1213. (Repealed).

1972, c. 23, s. 921; 1975, c. 22, s. 256; 1986, c. 15, s. 208.

BOOK VII.1

Repealed, 1986, c. 15, s. 208.

1984, c. 35, s. 37; 1986, c. 15, s. 208.

1213.1. (Repealed).

1984, c. 35, s. 37; 1986, c. 15, s. 208.

BOOK VIII

Repealed, 1986, c. 15, s. 208.

1986, c. 15, s. 208.

1214. (Repealed).

1972, c. 23, s. 922; 1986, c. 15, s. 208.

1215. (Repealed).

1972, c. 23, s. 923; 1986, c. 15, s. 208.

1216. (Repealed).

1972, c. 23, s. 924; 1986, c. 15, s. 208.

1217. (Repealed).

1972, c. 23, s. 925; 1986, c. 15, s. 208.

1218. (Repealed).

1972, c. 23, s. 926; 1975, c. 22, s. 257; 1978, c. 26, s. 219; 1983, c. 44, s. 48; 1986, c. 15, s. 208.

1219. (Repealed).

1972, c. 23, s. 927; 1986, c. 15, s. 208.

1220. (Repealed).

1972, c. 23, s. 928; 1986, c. 15, s. 208.

1221. (Repealed).

1972, c. 23, s. 929; 1986, c. 15, s. 208.

1222. (Repealed).

1972, c. 23, s. 930; 1972, c. 26, s. 89; 1984, c. 35, s. 38; 1986, c. 15, s. 208.

1223. (Repealed).

1972, c. 23, s. 931; 1986, c. 15, s. 208.

1224. (Repealed).

1972, c. 23, s. 932; 1986, c. 15, s. 208.

1225. (Repealed).

1972, c. 23, s. 933; 1986, c. 15, s. 208.

1226. The Minister of Revenue shall have charge of the application of this Act.

1974, c. 18, s. 49.

The Minister of Finance exercises the functions of the Minister of Revenue provided for in this Act. Order in Council 1689-2022 dated 26 October 2022, (2022) 154 G.O. 2 (French), 6581.

The Minister responsible for Social Solidarity and Community Action exercises the functions and responsabilities of the Minister of Employment and Social Solidarity, in respect of financial assistance paid under Chapter I, II or V of Title II of the Individual and Family Assistance Act (chapter A-13.1.1) or under Chapter III of Title II as it read before being repealed, provided for in this Act. Order in Council 1658-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6522.

1227. (This section ceased to have effect on 17 April 1987).

1972, c. 23, s. 934; 1982, c. 21, s. 1; U.K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 23 of the statutes of 1972, in force on 31 December 1977, is repealed, except sections 934, effective from the coming into force of chapter I-3 of the Revised Statutes.